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Home My WebLink AboutPC 2006-14PLANNING COMMISSION RESOLUTION NO. 2006-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE SALE AND DISPOSAL OF SURPLUS CITY OF DIAMOND BAR PROPERTY LOCATED ON THE WESTERLY SIDE OF SUMMITRIDGE DRIVE BETWEEN THE INTERSECTIONS OF BROOKWOOD DRIVE AND SOFTWIND DRIVE IN THE CITY OF DIAMOND BAR IS IN CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF DIAMOND BAR PURSANT TO GOVERNMENT CODE SECTION 65402. A. RECITALS (i) WHEREAS, the sale and disposal of approximately 1.27 gross acres located on the westerly side of Summitridge Drive between the intersections of Brookwood Drive and Softwind Drive is proposed by the City of Diamond Bar for the purpose of generating revenue to facilitate capital planning and construction programs. And; (ii) WHEREAS, the Planning Commission of the City of Diamond Bar has considered the matter of the sale and disposal of said real properties, the location and extent of which is shown on 1) Exhibit "A", attached hereto, and; (iii) WHEREAS, Section 65402 of the Government Code of the State of California requires that no real property shall be sold or disposed of until the location, purpose and extent has been reported upon by the planning agency of the city in which the land is located as to conformity with the General Plan, and; (iv) WHEREAS, the General Plan does not provide specific goals, objectives or strategies regarding the disposition of School District properties, and; (v) WHEREAS, the surplus properties are generally described herein as: • Property located on the westerly side of Summitridge Drive between the intersections of Brookwood Drive and Softwind Drive; • Vacant irregular shaped level site of 1.27 gross acres • APN 8701-013-902; • General Plan classification — RL (low-density residential); • Zoning Designation — RPD -20,000-2U, and; (vi) WHEREAS, the City of Diamond Bar intents to sell the property with the existing RPD -20,000-2U and the existing General Plan land use designation of RL without promise of future changes to the zoning or General Plan land use designation. The purpose of the sale is to provide revenues to the City; and (vii) WHEREAS, the proposed sale of the surplus property is consistent with the current General Plan land use designations. B. RESOLUTION NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE: Sec#ion 1 The Planning Commission hereby finds that the sale and disposal of propertiesas shown on 1) Exhibit "A" attached hereto, as the "subject properties„ is in conformance with the adopted General Plan of the City of Diamond Bar. Section 2 The Planning Commission hereby finds that the sale and disposition of the parcel is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15312 of the CEQA Guidelines. APPROVED AND ADOPTED THIS 11th DAY OF APRIL 2006, BY THE PLANNING -COMMISSION OF THE CITY OF DIAMOND BAR. By: 11 Joe McManus, Chairman I N/cy Fong, Planning Commission Secretary, do hereby certify that the foregoing Re lotion was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of April 2006, by the following vote: AYES: Commissioners: NOES: Commissioners ABSENT: Commissioners: ABSTAIN: Commissioners ATTEST: Everett, Torng, Lee, VC/Nelson, CIMcManus None None None 2 Planning Commission Resolution No. 2006014 1 Page 1 of 4 CA Codes (gov:65400-65404) GOVERNMENT CODE SECTION 65400-65404 65400. After the legislative body shahas adopted botall or partlof winga general plan, the planning agency (a) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve e ves aand effective guide for orderly growth and development, preservation conservation of open -space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (b) Provide by April 1 of each year an annual report to the legislative body, the office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: in its implementation. (1) The status of the plan and progress (2) The progress in meeting its share of regional housing needs determined pursuant to section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing aod Community Development pursuant to the rulemaking provisions the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title general plan complies with (3) The degree to which its approved g the guidelines developed and adopted pursuant too section 65040.2 and the date of the last revision to the general pl agency may provide (c) For the 2006 calendar year, the p October 1, 2006. the report required pursuant to subdivision (b) by 65401. If a general plan or part thereof has been adopted, within such time as may be fixed by the legislative body, each county or city officer, department, board, or commission, and each governmental body, commission, or board, including the governing body of any special district or school district, whose jurisdiction lies wholly or partially within the county or city, whose functions include recommending, preparing plans for, or constructing, major public works, shall submit to the official agency, as designated by the respective county board of supervisors or city council, a list of the proposed public works recommended for planning, initiation or construction during the ensuing fiscal year- The official agency sed public works shall list and classify receiving the list of propo all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such coordinated program shall be submitted to the county or city planning agency for review and report to said official agency as to conformity with the adopted general plan or part thereof. CA Codes (gov:65400-65404) Page 2 of 4 55402. (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no Public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body_ If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) -alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment Projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real Property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part ther such general plan or part thereof is applicable theretoand eof and a city, shall not acquire real property for any of the purposes specified in unincorporated territory, nor construct or paragraph (a), nor dispose of any real property, ed authorize a public building or structure, in another city or in if such other city or the county in which such unincorporated territory is situated has adopted a general plan or Part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition; or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment Projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (G) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan CA Codes (gov:65400-65404) or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city. 65403. (a) Each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that constructs or maintains public facilities essential to the growth and maintenance of an urban population may prepare a five-year capital improvement program. This section shall not preclude, limit, or govern any other method of capital improvement planning and shall not apply to any district or agency unless it specifically determines to implement this section. As used in this section, "public facilities" means any of the following: (1) Public buildings, including schools and related facilities. (2) Facilities for the storage, treatment, and distribution of nonagricultural water. (3) Facilities for the collection, treatment, reclamation, and disposal of sewage. (4) Facilities for the collection and disposal of storm waters and for flood control purposes. (5) Facilities for the generation of electricity and the distribution of gas and electricity. (6) Transportation and transit facilities, including, but not limited to, streets, roads, harbors, ports, airports, and related facilities. (7) Parks and recreation facilities_ However, this section shall not apply to a special district which constructs or maintains parks and recreation facilities if the annual operating budget of the district does not exceed one hundred thousand dollars ($106,000). (b) The five-year capital improvement program shall indicate the location, size, time of availability, means of financing, including a schedule for the repayment of bonded indebtedness, and estimates of operation costs for all proposed and related capital improvements. The five-year capital improvement program shall also indicate a schedule for maintenance and rehabilitation and an estimate of useful life of all existing and proposed capital improvements. (c) The capital improvement program shall be adopted by, and shall be annually reviewed and revised by, resolution of the governing body of the district or local agency. Annual revisions shall include an extension of the program for an additional year to update the five-year program. At least 60 days prior to its adoption or annual revision, as the case may be, the capital improvement program shall be referred to the planning agency of each affected city and county within which the district or agency operates, for review as to its consistency with the applicable general plan, any applicable specific plans, and all elements and parts of the plan. Failure of the planning agency to report its findings within 40 days after receipt of a capital improvement program or revision of the program shall be conclusively deemed to constitute a finding that the capital improvement program is consistent with the general plan. A district or local agency shall not carry out its capital Page 3 of 4 CA Codes (gov:65400-65404) Page 4 of 4 improvement program or any part of the program if the planning agency finds that the capital improvement program or a part of the capital improvement program is not consistent with the applicable general plan, any specific plans, and all elements and parts of the plan. A district or local agency may overrule the finding and carry out its capital improvement program. (d) Before adopting its capital improvement program, or annual revisions of the program, the governing body of each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement shall hold at least one public hearing. Notice of the time and place of the hearing shall be given pursuant to Section 65o9o. In addition, mailed notice shall be given to any city or county which may be significantly affected by the capital improvement program. 65404. (a) On or before January 1, 2005, the Governor shall develop processes to do all of the following: (1) Resolve.conflicting requirements of two or more state agencies for a local plan, permit, or development project. (2) Resolve conflicts between state functional plans. (3) Resolve conflicts between state infrastructure projects. (4) Provide, to the extent permitted under federal law, for the availability of mediation between a branch of the United States Armed Forces, a local agency, and a project applicant, in circumstances where a conflict arises between a proposed land use within special use airspace beneath low-level flight paths, or within l,000 feet of a military installation. (b) The process may be requested by a local agency, project applicant, or one or more state agencies. The mediation process identified in paragraph (4) of subdivision (a) may also be requested by a branch of the United States Armed Forces. E. LAND USE GOALS, OBJECTIVES, AND STRATEGIES "IT'IS l�N+ Ori �[f4.OF 7M�'+� USE ELE3W U� 1i�illui L[u�ai USES AAID DEVELOPMENTDECISIONS OFDIAMOND BAR ]bMAINTAINAND-ENf AA.TCE THE QUALTiY OF LIFE FOR ITS RESIDENTS•' GOAL 1 'Consisted with the Vision Statement,, ix a mof-laDd uses which enhance the Bar residents, providing balance of development and quality of Iife of Diamond PFM605 of significant open space auras to assure both economic viabilityand MW retention of distinctive natural features of the community Objective 1.1 Establish a land use classification. si+,stem to Bride the public!and private use of land -within the City and its Sphere of In}7u0= Strategies: • ; use _categories; W .provide an appropriate range of ,housing Id�tify and its Sphere of Influence. types for res4 a1.#We1opMWt within the City (a) . The ; maxin u grow,_;dusty, of -Rural Residential MR) , will be 1.0 dwelluig unit -.per{' .Stoss .sere (1 dulac) or Less, depending upon the establishment of a slope density Ordinance - (b) Designate existing developed single family detached ,residential parcels as Low Density Resider -•') an the Land Use Map. The-maximwn density of si{c]i I{9w Dqqnt! Residential. wiUbe 3:0. dwelling units P gross acre (3.0 a�,�ac>,,or.zxisring.de�sityYw"ver is gra. A� m.existing single. famglY de.Cached-,subdivisions . a::.. jA w . Mediian 11m. maximpn qty of Low Resi&ntio WW .. our the Land Use -Map- • Medium Residential areas will be 5.0 dwelling units per gross acre (5-0 dul=3, or.existing.density, whichever is greater - (d) Designate existing planned townhome, condominium, apartment, mobile how, -and y ,multiple-hmily.resideutislpcoPernes as Medium Density Residential Mon the Land Use Map- Maintain a maximum density of 12.0 dwelling units per gross acre (12 dudac) within these areas. e Designate exisliag,.and glanwed. townho>ne, condominium'.a . apartment: () other uuiltigie family resideahai properties.as Medium. Residential (R11RH) . oa the Isad Use Map. Maintain a. maXimum d;nsity.-Of 16-0 dwelling units per gam. (16 dylae)-within ibese areas. (t) Designate existmg.and.pr�l?O&e4 �-density condominium aad-apartment developments and other Pugh density properties as High Density d UW Map. Maintain.a maximism density of Residential,i�)on the L an sloe (l0 dulac) witbini these areas. 20.0 dwelling units per gross I-10 July 25. 1995 PLANNING COMMISSION RESOLUTION NO. 2006-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE SALE AND DISPOSAL OF SURPLUS CITY OF DIAMOND BAR PROPERTY LOCATED ON THE WESTERLY SIDE OF SUMMITRIDGE DRIVE BETWEEN THE INTERSECTIONS OF BROOKWOOD DRIVE AND SOFTWIND DRIVE IN THE CITY OF DIAMOND BAR IS IN CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF DIAMOND BAR PURSANT TO GOVERNMENT CODE SECTION 65402. A. RECITALS (i) WHEREAS, the sale and disposal of approximately 1.27 gross acres located on the westerly side of Summitridge Drive between the intersections of Brookwood Drive and Softwind Drive is proposed by the City of Diamond Bar for the purpose of generating revenue to facilitate capital planning and construction programs. And; (ii) WHEREAS, the Planning Commission of the City of Diamond Bar has considered the matter of the sale and disposal of said real properties, the location and extent of which is shown on 1) Exhibit "A", attached hereto, and; (iii) WHEREAS, Section 65402 of the Government Code of the State of California requires that no real property shall be sold or disposed of until the location, purpose and extent has been reported upon by the planning agency of the city in which the land is located as to conformity with the General Plan, and; (iv) WHEREAS, the General Plan does not provide specific goals, objectives or strategies regarding the disposition of School District properties, and; (v) WHEREAS, the surplus properties are generally described herein as: • Property located on the westerly side of Summitridge Drive between the intersections of Brookwood Drive and Softwind Drive; • Vacant irregular shaped level site of 1.27 gross acres • APN 8701-013-902; • General Plan classification - RL (low-density residential); • Zoning Designation - RPD -20,000-2U, and; (vi) WHEREAS, the City of Diamond Bar intents to sell the property with the existing RPD -20,000-2U and the existing General Plan land use designation of RL without promise of future changes to the zoning or General Plan land use designation. The purpose of the sale is to provide revenues to the City; and (vii) WHEREAS, the proposed sale of the surplus property is consistent with the current General Plan land use designations. B. RESOLUTION NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE: Section 1 The Planning Commission hereby finds that the sale and disposal of properties as shown on 1) Exhibit "A" attached hereto, as the "subject properties" is in conformance with the adopted General Plan of the City of Diamond Bar. Section 2 The Planning Commission hereby finds that the sale and disposition of the parcel is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15312 of the CEQA Guidelines. APPROVED AND ADOPTED THIS 11th DAY OF APRIL 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: McManus, Chairman I, Ny Fong, Planning Commission Secretary, do hereby certify that the foregoing Re lution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of April 2006, by the following vote: AYES: Commissioners: Everett, Torng, Lee, VC/Nelson, C/McManus NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 2 Planning Commission Resolution No. 2006014 County of Los Angeles: Rick Auerbach, Assessor seiowmm+wrae 1IXV01f!/aRryCRR --ty PG \\\' 59 CA Codes (gov:65400-65404) Page 1 of 4 GOVERNMENT CODE SECTION 65400-65404 65400. After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (a) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open -space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (b) Provide by April 1 of each year an annual report to the legislative body, the office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (1) The status of the plan and progress in its implementation. (2) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). (3) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (c) For the 2006 calendar year, the planning agency may provide the report required pursuant to subdivision (b) by October 1, 2006. 65401. If a general plan or part thereof has been adopted, within such time as may be fixed by the legislative body, each county or city officer, department, board, or commission, and each governmental body, commission, or board, including the governing body of any special district or school district, whose jurisdiction lies wholly or partially within the county or city, whose functions include recommending, preparing plans for, or constructing, major public works, shall submit to the official agency, as designated by the respective county board of supervisors or city council, a list of the proposed public works recommended for planning, initiation or construction during the ensuing fiscal year. The official agency receiving the list of proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such coordinated program shall be submitted to the county or city planning agency for review and report to said official agency as to conformity with the adopted general plan or part thereof. CA Codes (gov:65400-65404) Page 2 of 4 65402. (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan CA Codes (gov:65400-65404) Page 3 of 4 or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city. 65403. (a) Each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that constructs or maintains public facilities essential to the growth and maintenance of an urban population may prepare a five-year capital improvement program. This section shall not preclude, limit, or govern any other method of capital improvement planning and shall not apply to any district or agency unless it specifically determines to implement this section. As used in this section, "public facilities" means any of the following: (1) Public buildings, including schools and related facilities. (2) Facilities for the storage, treatment, and distribution of nonagricultural water. (3) Facilities for the collection, treatment, reclamation, and disposal of sewage. (4) Facilities for the collection and disposal of storm waters and for flood control purposes. (5) Facilities for the generation of electricity and the distribution of gas and electricity. (6) Transportation and transit facilities, including, but not limited to, streets, roads, harbors, ports, airports, and related facilities. (7) Parks and recreation facilities. However, this section shall not apply to a special district which constructs or maintains parks and recreation facilities if the annual operating budget of the district does not exceed one hundred thousand dollars ($100,000). (b) The five-year capital improvement program shall indicate the location, size, time of availability, means of financing, including a schedule for the repayment of bonded indebtedness, and estimates of operation costs for all proposed and related capital improvements. The five-year capital improvement program shall also indicate a schedule for maintenance and rehabilitation and an estimate of useful life of all existing and proposed capital improvements. (c) The capital improvement program shall be adopted by, and shall be annually reviewed and revised by, resolution of the governing body of the district or local agency. Annual revisions shall include an extension of the program for an additional year to update the five-year program. At least 60 days prior to its adoption or annual revision, as the case may be, the capital improvement program shall be referred to the planning agency of each affected city and county within which the district or agency operates, for review as to its consistency with the applicable general plan, any applicable specific plans, and all elements and parts of the plan. Failure of the planning agency to report its findings within 40 days after receipt of a capital improvement program or revision of the program shall be conclusively deemed to constitute a finding that the capital improvement program is consistent with the general plan. A district or local agency shall not carry out its capital CA Codes (gov:65400-65404) Page 4 of 4 improvement program or any part of the program if the planning agency finds that the capital improvement program or a part of the capital improvement program is not consistent with the applicable general plan, any specific plans, and all elements and parts of the plan. A district or local agency may overrule the finding and carry out its capital improvement program. (d) Before adopting its capital improvement program, or annual revisions of the program, the governing body of each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement shall hold at least one public hearing. Notice of the time and place of the hearing shall be given pursuant to Section 65090. In addition, mailed notice shall be given to any city or county which may be significantly affected by the capital improvement program. 65404. (a) On or before January 1, 2005, the Governor shall develop processes to do all of the following: (1) Resolve conflicting requirements of two or more state agencies for a local plan, permit, or development project. (2) Resolve conflicts between state functional plans. (3) Resolve conflicts between state infrastructure projects. (4) Provide, to the extent permitted under federal law, for the availability of mediation between a branch of the United States Armed Forces, a local agency, and a project applicant, in circumstances where a conflict arises between a proposed land use within special use airspace beneath low-level flight paths, or within 1,000 feet of a military installation. (b) The process may be requested by a local agency, project applicant, or one or more state agencies. The mediation process identified in paragraph (4) of subdivision (a) may also be requested by a branch of the United States Armed Forces. E. LAND USE GOALS, OBJECTIVES, AND STRATEGIES 'IT' IS THE OVERALL GOAL OF THE LAND -USE ELEMENT'TO ENSURE THAT THE LAND USES AAA DEVELOPINENTDEGLSIUNSOFDIAMOND BARMAINTAINAND ENHANCE THE QUALITY OF LIFE FOR ITS RESIDENTS. ' GOAL I *oWstaitwith the VisImIStataTmoymaintaitt a qk of hindmas witich enhance the TialitykNoibiamond !Bar residents, providing a balance; of development and preservation, of significant open spaca anus to assure both.economic viabilityand retention of disdinetbivre, natural features of the, community. Objective —. I Establi;h a kind use clasf ificadon jFglat a? gj!,.sdc the publictandpilnue wme grlkamndwithin the Cily and its Sphere of hOjuenm: , : , . j Strategics: 1a.1 identify Adential bpi Ppyategallylip,proviiie, a" appropria!o range 9flousing resj"'4#aveWpmQ within do City and its Sphere of Influence. .types Or (a) The " ma""4;niss, jpyi, of Ruiral Residential OtR) . will be 1.0 dwaphig vnirpav,osp. ago, (I dulsic) or jjQ, depending upon the astalkskmaia of a. Q& dimmij, otdimance. DaIpw existing dieloplid ingle, bmily Stachod AmMential parcels as Low Deasity 4,ed0eq#W,.(RL).on the Limd Use Map. Tbe-maximunt depay, of Dfasity Residential parcels wiQ be 340. cdhw;dyqhja par gqms acrejqx WINOW clkexiihin . I a . Itys wh . gunits g densin Designate.-, existing. sipoe: family delachi:4,mb.d.m-swins, 4. Low. Medium, p4p4j'a do LLzmIUsc.Map.. The maxinaundegnty Of Low Mediam Residential imam will be TO chmelling units per gross sun (10 dulac). or.existing.density. whichever is greater. (d) Designate existing plannal lownhome, condominium, aparjuieno mmna,bdile -WO45W MdtiPIPft 'Y-o%idCntIRI ty home, J— Wd-PMPC[IieS US MANUEL DeMY IRteskeentuWa RVQ on the Lanil URse Map. bUintaitia. maximum density of 12.0 dwelling units per grow acre (12 dulac) withinthese areas. (e), Designate existing,.andphulped townhome, condominium,.apattmgat,_and other multiple family resideatial {trogerties as Medi® )3'igh Betidenyial (RM— on the Innd Use Map. ;Maintain a s—:....... deosity,.of 16.0 dwelling units per gross,atxe (16 du/ac).within these areas. _ .. (t) Designate e;isting.and.proposal high-density condominium and apartment developments and other high density properties as High Density Residenfial:(RH) on the Lam L7sc Map. Maintain a maxinmm density of 7A.0 dwelling units per, gross sere (20 du/ac) within these areas. Diarrond Itar WANK Plan L1011 UY Element July 25, 1995 I-ILO