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HomeMy WebLinkAbout50-Planning & Building cAy OF SAN BERNAR&O ~1t~EQ~T FOR COUNCIL AC~ON ..rom: ~ePt: Larry E. Reed, Director Subject: General Plan options (To be presented at Amendment Planning and Building and Safety council Luncheon) Date: December 7, 1989 Synopsis of Previous Council action: None r."., ;::::r ''',;'.,'',- fl", (;.t,' C:' ~ t.:) ,-,., ,-,., , ::.,", --I tee, ...." ./.... ::r:.. (.r.) C} ...." " -, ,n Recommended motion: That the Mayor and Common Council adopt options A,B and E of the at- tached staff report pertaining to general plan amendment applications. . Larry E. Reed Contact person: Staff Report Supporting data attached: 384-5281 Phone: Ward: All Wards FUNDING REQUIREMENTS: Amount: # Source: IAcct. No.) N/A (Acct. Description) Finance: .p>uncil Notes: ... COUNCIL:CA.REQUEST-12 75-0262 Agenda Item No sa cAy OF SAN BERNAR&O - REQuAT FOR COUNCIL ACttON . STAFF REPORT I. BACKGROUND: The Land Use Plan was developed as a long term plan for land use to reflect how the City wants to grow in the future. From the beginning of the General Plan revision process the Land Use Plan was developed by a "clean slate" approach reflecting long term growth plans. Existing and future quality of life, concerns for public health and safety and a desire to achieve the highest and best use for the community were some of the various factors considered when developing the Land Use Plan. It was not intended to merely be a representation of existing land use or zoning. In many instances it was the intent of the Mayor and Common Council to change the land use designations on vacant and developed land. The Mayor and Common council, however, did not intend to totally preclude development on privately-owned land. Since the General Plan was adopted, it has come to our attention that some property owners are dissatisfied with the designation assigned to their properties. In some cases the designation has created a legal nonconforming use and in other cases the designation differs from the previous zoning. other types of cases are identified in section II of this report. . The urgency Ordinance precluded general plan amendments for a period of six (6) months after adoption of the General Plan, with the exception. of Council-initiated amendments. That condition expired on December 2, 1989, after which anyone could submit an amendment application subject to all submittal requirements and payment of all fees. II. LAND USE PLAN CONCERNS: Staff has identified several areas of concern regarding the Land Use Plan. 1. Privately owned parcels that have been given a public designation. Staff has identified some of these parcels. 2. Parcels that are developed and the land use designation has created a nonconforming use. Staff has not identified these parcels. Some have come to our attention from phone/counter calls and meetings with property owners. 3. Interpretation questions. Staff has been interpreting the 1000 scale Land Use Plan onto parcel specific maps. In doing so, we have identified concerns such as where a parcel is split by two designations. Depending on how an interpretation is made, the land use designation could change. 4. Areas where property owners do not like their designations. . CA.STAFF-12 Page 1 15-0264 . . . ,.. . . . . a. Vacant parcels where the land use designation differs from the previous zoning. b. Vacant parcels where there is no substantial change from the previous zoning. These parcels concerns from owners. have not been identified. staff is aware of some phone/counter calls and meetings with property 5. Areas where the city may wish to reconsider the designation. Individual Council members have identified a few areas that may merit reconsideration. This could be on the basis of No. 1-4 or for other parcels not included there. III. WHEN A GENERAL PLAN AMENDMENT IS NECESSARY: It should be noted that, by law, any change in the adopted land use designations requires a general plan amendment. This includes all of the concerns listed above with the partial exception of item 3. If a parcel is split by a designation, the planning commission and/or staff can interpret where the designation boundary should actually be drawn as per Policies 1.7.3 and 1.7.4 of the General Plan. If a change in designation is being considered, a general plan amendment is required. The general plan amendment process does not differ significantly from one concern to the next or from small, relatively simple amendments to large, complicated or controversial amendments. All proposed amendments to the General Plan require notification to surrounding or adjacent cities, the county and affected agencies. substantial amendments (whether in size or number) require notification to the state Clearinghouse and LAFCO. All amendments must go through the same process as far as environmental review, public review and comment periods and public hearings. IV. AVAILABLE OPTIONS: The following options are available for addressing Land Use Plan concerns: A. Privately owned/Publicly Designated General Plan Amendments. The property owner would submit a letter to the Planning Department explaining the concern and specifically identifying the parcel(s). Planning would then initiate a general plan amendment with no fees charged to the property owner. This option would address concern 1. B. Nonconforming Use General Plan Amendments. Property owners would CA.STAFF-12 Page 2 . . . ..' C. . . . submit a complete application for an amendment and processing fees would be waived if the use is nonconforming*. (This could also apply to privately owned parcels with public designations). The City can accept applications for all nonconforming uses or only those that were legally conforming at the time of Plan adoption. The City could establish a window or time period for accepting these applications. Some property owners may not be aware that their use is now nonconforming and could miss out on this process. This option would address concerns 1 and 2. City-Initiated General Plan Amendments. The Planning Department would review land use designations in the City on an area by area basis. This. review could include a comparison of the existing land use versus the land use designation (for identifying nonconforming uses), a comparison of the land use designation versus the previous zoning and identification of the interpretation concerns and a recommendation for resolution. If the Mayor and Common Council wish to reconsider many land use designations, this would be the most comprehensive way to do so for addressing items 2 and 4. However, the time to complete this process would be substantial. An optimistic estimate would be a minimum of 2-3 people full time for six (6) months to complete the required tasks. This doesn't include time for required public hearings. Some people may not be satisfied with the length of time it takes to address their specific concerns if review and public hearings are on an area by area basis. This option would reopen the land use hearings and would probably result in the need for an environmental impact report (EIR) depending on the extent of the proposed amendments. An EIR could further lengthen the process since it would need to address any changes and the changes couldn't be made until the EIR is certified. Notification although the newspaper. of individual property owners would be quite City could notice through a display ad costly, in the If this option were selected, it would severely impact Staff's ability to complete other key projects. D. Limited Fees General Plan Amendments. The property owner would submit a complete application and fees would be reduced**. This option would address concerns 1,2 and 4. E. Standard General Plan Amendment Process. The property owner submit a complete application and pay all processing fees. process is in effect now. would This CA.STAFF-12 Page 3 . . . . ,.,- . . . This option would address concerns 1-4. V. RECOHMENDATl:ON: staff recommends that the Mayor and Common council select options A, B and E. option A is self explanatory and should be in effect regardless of which other options are selected. option B allows the Mayor and Common council to reconsider the designations that have created nonconforming uses. Staff recommends that this option only include uses that were legally conforming prior to adoption of the General Plan. remain in effect even if option C the least amount of impact on the option E is in effect now and should is selected. option E would have city and staff. The Mayor and Common Council may still initiate general plan amendments as they so determine. * An application for a general plan amendment includes maps of the proposed amendment area, mailing labels for all parcels within 500 feet of the proposed amendment area, the environmental review form and any required studies. (Other submittals are required as outlined on the amendment application.) ** CUrrent fees for processing a general plan amendment are $1,405 including the environmental review fee. As per Resolution 89-471, fees for processing a general plan amendment will be + $1,350 after January 21, 1990. Both of these costs assume that an-environmental impact report will not be required. CA.STAFF-12 Page 4