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HomeMy WebLinkAboutD-5 Staff Report - GP and Zone Change Application ProcessSCHEDULED ITEM D-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 15, 2020 SUBJECT: POLICY DIRECTION REGARDING THE PROCESS FOR REVIEWING APPLICATIONS FOR LEGISLATIVE ZONING ACTIONS BACKGROUND: City Council directed staff to look at options regarding the review of applications for legislative zoning actions (General Plan Amendments, Specific Plans, Zone Changes, etc.). The goal was to find a way for Council to evaluate these applications at an earlier stage of the review process. Currently, Council reviews applications of this type after they have been vetted by staff and reviewed by the City’s Planning Commission. At the conclusion of the Commission’s review, a recommendation on the project is forwarded to the City Council for consideration. Staff has developed for Council’s review an updated policy related to the processing of these applications. This policy would give Council the opportunity to review such applications at the conclusion of the City’s Preliminary Plan Review (PPR) process, and prior to the Planning Commission’s review. This report highlights the proposed policy and discusses how it differs from the existing process. RECOMMENDATION: It is recommended that the City Council review the information contained in this report and direct staff to implement the proposed policy for reviewing applications for legislative zoning actions such as General Plan Amendments, Specific Plans, and Zone Changes. APPROVED CITY COUNCIL 6/15/2020 Discussion and Direction – Process for Reviewing Applications for Legislative Zoning Actions June 15, 2020 Page 2 of 5 ANALYSIS: The purpose of the subject proposal is to establish a policy for the review of applications for legislative zoning actions (General Plan Amendments, Specific Plans, and Zone Change, etc.) within the City of Azusa. It is intended to seek City Council direction on whether to commit substantial City resources to potentially make changes to the General Plan, create or amend a Specific Plan, or to a rezone property. At the end of the proposed screening process, the City Council would have the opportunity to deny an application, or direct staff to continue processing it. Further details are provided later in this report. City staff conducted a survey using the League of California Cities Listerve to determine how other cities handle the review of these applications. The table below shows the responses received. Agency General Amendment Zone Change Municipal Code or Administrative Policy Notes Dublin, CA No No Administrative Policy Called “General Plan Initiation” Arcadia, CA Yes No Administrative Policy Only for large projects presented informally in study session before formal submittal. Escondido, CA Yes Yes Administrative Policy City Council Initiations/Authorize Requests after Preliminary Review done during “Initiation” Phase Simi Valley, CA Yes Unknown Administrative Policy City Council shall approve Preliminary Application before submittal of General Plan Amendments. Town of Apple Valley, CA Yes Yes Administrative Policy Only if Town initiates amendment/change. If applicant initiates amendment/change no preliminary review done. Wildomar, CA Yes Unknown Administrative Policy General Plan Initiation Process Chula Vista, CA Yes Yes Municipal Code Initiation Request Santa Barbara, CA No No Municipal Code Planning Commission or City Council can initiate amendments/changes Discussion and Direction – Process for Reviewing Applications for Legislative Zoning Actions June 15, 2020 Page 3 of 5 or upon verified application. Walnut Creek, CA Yes Unknown Municipal Code Planning Commission/City Council/Chief of Planning (City Staff) can initiate amendments/changes. San Clemente, CA Yes Unknown Municipal Code Majority of Vote by City Council or application by owner San Juan Capistrano, CA Yes Unknown Municipal Code Initiated only by City Council Sanger, CA No No N/A No preliminary meeting The City of Azusa’s existing procedures for processing these applications are shown below: 1.Submittal of Preliminary Plan Review (PPR) Application to Economic & Community Development (ECD). 2.ECD forwards complete application for review to relevant City Departments (Public Works, Light & Water, Parks, Police, etc.). 3.Staff review completed and project discussed at meeting of the City’s Development Review Committee. 4.Applicant is provided with feedback on the project. 5.Applicant addresses staff’s comments and submits entitlement application/s. 6.Upon receipt of complete application/s and completion of environmental review, application/s scheduled for Planning Commission public hearing. 7.Commission conducts public hearing and makes recommendation to City Council. 8.Upon receipt of Commission recommendation, City Council conducts public hearing and makes a decision on the project. The policy proposed in this staff report would change the existing procedures to include Council review of these applications at the conclusion of the Preliminary Plan Review process. At the conclusion of the City Council’s review, they would have opportunity to do either of the following: 1.Deny the application. Discussion and Direction – Process for Reviewing Applications for Legislative Zoning Actions June 15, 2020 Page 4 of 5 2.Provide staff with direction to process the application/s and to bring the action and appropriate environmental review through the Planning Commission for a recommendation and to City Council for final consideration at a future date. The proposed process is summarized in the following steps: 1.Submittal of Preliminary Plan Review (PPR) Application to Economic & Community Development (ECD). 2.ECD forwards complete application for review to relevant City Departments (Public Works, Light & Water, Parks, Police, etc.). 3.Staff reviews completed application and discusses proposed project during a meeting of the City’s Development Review Committee. 4.Applicant is provided with feedback on the project. 5.Applicant addresses staff’s comments. 6.Application scheduled for public hearing before the City Council. Council can deny the application/s, or direct staff to process application through the Planning Commission for a recommendation and to City Council for final consideration at a future date. 7.If directed to proceed through to Planning Commission hearing, applicant submits entitlement application/s and corresponding environmental analysis. 8.Upon receipt of complete application/s and completion of environmental review, application/s scheduled for Planning Commission public hearing. 9.Commission conducts public hearing and makes recommendation to City Council. 10.Upon receipt of Commission recommendation, City Council conducts public hearing and makes a decision on the project. The policy discussed in this report sets forth the City Council’s intent to give staff direction to further explore the merits of certain proposed legislative zoning related actions. Nothing in these procedures will be construed as circumscribing or limiting the City’s exercise of discretion with respect to any subject application. Any and all future discretionary actions may be exercised in the sole and absolute discretion of the City. The party seeking approval assumes the risk, and shall waive, release, defend, protect and indemnify the City from and against any claims alleging City approval of the initiation approval request constituted an approval of the proposed application. These procedures do not commit the City to any definite course of action, including, but not limited to, approval of any proposed application prior to California Environmental Quality Act (CEQA) review being conducted. The Planning Commission and City Council reserve the right to exercise their police power and land use authority with respect to any future application in their sole and absolute discretion as required by and in accordance with applicable laws. Discussion and Direction – Process for Reviewing Applications for Legislative Zoning Actions June 15, 2020 Page 5 of 5 CONCLUSION By the City Council exercising its legislative discretion as described in this report, the proposed policy will serve to provide staff with Council’s input and direction on certain applications at an earlier stage in the project review process. This will help the City and project applicants save time and money by eliminating the need for certain public hearings and developing corresponding materials for said hearings. Staff is hereby asking the City Council to direct staff to implement the proposed policy for reviewing applications for legislative zoning actions. FISCAL IMPACT There would be no fiscal impact related to this item. Prepared by: Reviewed by: Matt Marquez Marco Martinez Economic and Community Development Director City Attorney Fiscal Reviewed by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager