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08e Grant Application to Fund a General Plan UpdateMEMORANDUM TO: ClN COUNCIL FROM: TERESA DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF A RESOLU'I'ION AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO FUND A GENERAL PLAN UPDATE THROUGH THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER PROPOSITION 84 DATE: FEBRUARY 14,2012 RECOMMENDATION: It is recommended the City Council adopt a Resolution authorizing submittal of a grant application to the Strategic Growth Council for consideration of funding the development of a Sustainable Community Performance Index, updated General Plan and a form- based E. Grand Avenue Corridor Plan. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Although there is no match required, leveraged funds and in-kind services are encouraged to increase competitiveness for the grant. Staff is anticipating a contribution of approximately 15% of funds by providing staff time necessary to manage the project, utilizing volunteer labor (Economic Development Update Committee), and funds from engineering and planning contract services for work performed in relation to the preparation of the targeted General Plan update. The requested grant amount is approximately $362,000. Approximately 11% of the grant funds will be allocated to the Sustainable Community Performance Index, 74% to the General Plan Update, and 15% to the form-based East Grand Avenue Corridor Plan. BACKGROUND: The Sustainable Communities Planning Grant Program is administered through the State's Strategic Growth Council and funded by Proposition 84, Chapter 9 funds from the Safe Drinking Water, Water Quality, Flood Control, River and Coastal Protection Act of 2006. This grant program implements the vision of the Governor and Legislature to foster the development of sustainable communities throughout California. It is designed to help local governments meet the challenges of adopting land use plans and integrating strategies in order to transform communities and create long-term prosperity. Sustainable communities are to promote equity, strengthen the economy, protect the environment and promote healthy, safe communities. The primary goal of this grant Agenda Item 8.e. Page 1 CITY COUNCIL CONSIDERATION OF A GRANT APPLICATION TO FUND A GENERAL PLAN UPDATE THROUGH PROPOSI'rION 84 FUNDING GRANTS FEBRARY 14,2012 program is to develop and implement plans that reduce greenhouse gas emissions and achieve the following objectives: Grant Objectives lmprove Air and Water Quality Promote Equity lncrease lr~fill & Compact Development Protect Natural Resources & Ag Lands lmprove Infrastructure Systems Promote Energy Efficiency & Conservation Promote Public Health lncrease Housing Affordability Revitalize Urban & Community Centers Reduce Auto Usage & Fuel Consumption Promote Water Conservation Strengthen the Economy ANALYSIS OF ISSUES: Sustainable Community Performance lndex In an effort for meaningful compliance with SB375 and AB32, Phase I of the grant will be used to create a Sustainable Community Performance lndex (Index) for the City. In contrast to the development of a stand-alone comprehensive Plan, an index that utilizes a set of performance indicators tied to General Plan Objectives will enable policy makers to determine consistency with implementation of City programs and future development projects. Performance indicators will be City-specific, but developed in conjunction with concurrent regional projects including the Greenhouse Gas Reduction Plan that is being developed with our neighboring cities, the Air Pollution Control District, Southern California Gas Co., PG&E, and the Sustainable Communities Strategy (SCS) that is continuing to be developed through SLOCOG. Updated General Plan Phase II of the Grant is the update of the City's General Plan. The last comprehensive update was adopted in 2001 with some subsequent amendments to individual elements. California law requires every City to periodically update its General Plan, although with the exception of the Housing Element that must be completed every five years, it does not define how often. In practice, a comprehensive update of the General Plan (for at least five of the seven mandatory elements) should occur every eight to ten years to address economic and other changing conditions, new laws and regulations, and to enable the Council to consider and plan for the community's needs based on a comprehensive analysis, public participation and current and projected conditions. The City received correspondence from 'The Governor's Office of Planning and Research regarding the status and expectation for an updated General Plan (Attachment 1). Below is a table showing the status of the City's General Plan Elements: Comments Several updates have been General Plan Element Land Use Date last updated 2001 Agenda Item 8.e. Page 2 CITY COUNCIL CONSIDERATION OF A GRANT APPLICATION TO FUND A GENERAL PLAN UPDATE THROUGH PROPOSI'rION 84 FUNDING GRANTS FEBRARY 14,2012 The City does not have a fund allocation to update the General Plan. Since the last comprehensive update, the introduction of sustainable mandates and practices, the dissolution of the Redevelopment Agency and constrained resources all warrant the need for updating the documents for internal consistency and compliance with current requirements. It is proposed that each of the General Plan elements be evaluated and integrated using the Index. Form Based E. Grand Avenue Comcior Plan Phase Ill of the grant will be the testing and implementation of the Index and updated General Plan for the E. Grand Avenue Corridor. The corridor plan will update and supersede the E. Grand Avenue Enhancement Plan and is intended to resolve existing inconsistencies that the City has encountered through review of proposed and approved developments along the corridor. The form-based approach will integrate parking, Comments adopted including the Peawood Annexation, and minor policy revisions and changes to the land use map in 2003,2004,2007, 2009 supporting infill development Traffic Study Policy adopted 2003 Draft Element under review by HCD Updated for Creek Protection Policies Revision must be consistent with the ongoing update of the City's Hazard Mitigation Plan Comprehensive update for Agricultural land and conservation 201 1 Economic Development Update Committee formed and update stated for . completion in 2012 General Plan Element TrafficICirculation Housing Conservation Open Space Safety Noise Agriculture Parks and Recreation Economic Date last updated 2001 2005 with new update in progress 2007 2001 2001 2001 2003 2001 2001 with new update in progress Agenda Item 8.e. Page 3 CITY COUNCIL CONSIDERA'TION OF A GRANT APPLICATION TO FUND A GENERAL PLAN UPDATE THROUGH PROPOSI'TION 84 FUNDING GRANTS FEBRARY 14,2012 circulation and the relationship of buildings to streets and public space that are key components for continued and successful infill development. The grant application would include funding for consultant services associated with preparation of the development of the Index, the General Plan update and the E. Grand Avenue Corridor Plan. Additionally, staff anticipates incorporation with recent work products from a variety of programs and partnerships, including those discussed above, the 2010 Urban Water Management Plan and the current Economic Development update. The Existing Settings report prepared in 2010 by Cal Poly and the draft Housing Element update will also inform the grant effort. Grant applications for Round Two of the Sustainable Communities Planning Grant and Incentive Program are due February 15, 2012. Grant requests for amounts between $100,000 and $1,000,000 will be considered. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Adopt the Resolution, authorizing a general plan update grant application; 2. Do not adopt the Resolution; or 3. Provide direction to staff. ADVANTAGES: Submittal of the grant application could result in the awarding of funds that would cover the cost of preparing a Sustainable City Performance Index, the required General Plan update and a form-based E. Grand Avenue Corridor Plan. DISADVANTAGES: If the grant is approved, staff will develop an RFP for the project and will have to contribute considerable staff time to work on and manage the update. However, if no application is made, or the grant is not awarded, the City's General Plan will continue to become increasingly outdated with intermittent updates completed over time to meet State law that would also be completed by utilizing staff resources. ENVIRONMENTAL REVIEW: None required for grant applications. Environmental review will have to be completed prior to adoption of the General Plan update. PUBLIC NOTIFICA'I'ION AND COMMENTS: The agenda was posted in front of City Hall on Thursday, February 9, 2012. The Agenda and report were posted on the City's website on Friday, February 10, 2012. No public comments were received. Attachment: 1. Letter from Office of Planning and Research Agenda Item 8.e. Page 4 RESOLUTION NO. A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO FUND A SUSTAINABLE COMMUNITY PERFORMANCE INDEX, GENERAL PLAN UPDATE AND E. GRAND AVENUE CORRIDOR PLAN THROUGH PROPOSITION 84 FUNDING GRANTS FROM THE STRATEGIC GROWTH COUNCIL'S SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM. WHEREAS, the Legislature and Governor of the State of California have provided funds for the Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84); and WHEREAS, the Strategic Growth Council has been delegated the responsibility for the administration of this grant program, including establishing necessary procedures; and WHEREAS, said procedures require all award recipients commit to threshold requirements; . and WHEREAS, said procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicant's governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the development of the proposal: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby: 1. Approves the filing of an application for the grant funding of a Sustainable Community Performance Index, General Plan Update and E. Grand Avenue Corridor Plan in order to become a more sustainable community; and 2. Certifies that applicant will have sufficient funds to develop the Proposal or will secure the resources to do so; and 3. Certifies that the Proposal will comply with any and all applicable laws and regulations, including being consistent with the State's Planning Priorities identified in Government Code section 65041.1 and summarized below: . a. Promote infill development and invest in existing communities b. Protect, preserve and enhance agricultural land and natural resources; and c. Encourage location and resource efficient new development; and Agenda Item 8.e. Page 5 RESOLUTION NO. PAGE 2 4. Certifies that threshold requirements outlined in the guidelines, including consideration of Ocean Protection Council Sea Level Rise Guidance will be met; and 5. Agrees to reduce, on as permanent a basis as feasible, greenhouse gas emissions consistent with California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 3850) of the Health and Safety Code); including any applicable regional plan; and 6. Agrees to meet the Collaboration Requirements of the focus area applicable to the Proposal; and includes all required documents in the application package; and 7. Appoints the Community Development Director, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, and payment requests, which may be necessary for the completion of the aforementioned project(s). On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was adopted this 14th day of February, 2012. Agenda Item 8.e. Page 6 RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, ClTY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, ClTY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, ClTY ATTORNEY Agenda Item 8.e. Page 7 EDMUND G. BROWN JR. GOVERNOR June 15,2011 . ATTACHMENT 1 STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH Ms. Teresa McClish, Community Developmer: Dira-,tor City of Arroyo Grande Community Development Department P.O. Box 550 Arroyo Grande, CA 93422 ' JUN 1 '9 2011 CITY OF M?C'lO G&NDE COMMUNITY DEVE!.WMENT Dear Ms. McClish: Pursuant to State statute, the Governor's OfFice of Planning and Research (OPR) is required to notify cities and counties with general plans that have not been revised within the last eight (8) years (Government Code section 65040.5(a)). Our records indicate that the City of Arroyo Grande's General Plan has not been revised in the past eight (8) years or longer. For purposes of this notification, a revision is considered to be a comprehensive update of at least five (5) of the seven (7) mandatory general plan elements, which have been adopted by the local legislative body. According to our records, the mandatory elements of the Genera'l Plan for.the'City of Arroyo Grande were -. ...-. . . . - , . last updated during th'e years noted. -' '- .. . If this information is incorrect, please contact Cuauhtemoc Gonzalez at the OPR State Clearinghouse via email cuauhtemoc.gonzalez@opr.ca.gov or phone (916) 445-0613 so that we may update our records. Land Use: Circulation: Housing: Conservation: Open Space: Safety: Noise: As part of our process to identify jurisdictions with general plans that have not been revised in eight (8) years, OPR surveyed local government.planning agencies in the 2010 Annual Planning Survey for current information regarding their general plans. In addition, OPR reviewed General Annual Progress Reports, public notices from the jurisdictions, environmental document filings, as well as websites of individual jurisdictions. . . 2001 2003 2005 2001 2001 2001 2001 General plans that havenot been revised within the past eight (8) years are not necessarily legally inadequate. However, the California'Supreme Court has stated that local governments have an implied duty to keep their general plans current (DeVita v. County of Napa, 9 Cal. 4th 763 (1995)). Additionally, local governments must review and revise their general plans as often as they deem necessary or appropriate (Government Code section 65103(a)). The general plan statutes do not provide a mandatory minimum time 1400.10th Street P.O. Box 3044 Sacramento, California 95812-3044 '(916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov Agenda Item 8.e. Page 8 frame for revision of elements, except for housing elements, which must be revised based on the schedule established in Government Code Section 65588. In addition, Government Code sections 65302 and 65302.1 require certain information be included in general plan elements at the time a jurisdiction next revises its housing element. Additionally, OPR is also required to report to the Attorney General, cities and counties with general plans that have not been revised in ten (10) years (Government Code section 65040.5(b)). We will report your jurisdiction to the Attorney General only if your general plan becomes loyear; old. If our records indicate that your general plan has not been revised in ten (10) years, we will report this information.to the Attorney General in late July 2011. If you would like to make corrections to our records, please respond by July 15,2011. This will allow us to update our records prior to notifying the Attorney General of general plans that have not been revised in ten (10) years. If you have any questions or require additional information, please contact Cuauhtemoc Gonzalez at cuauhtemoc.gonzalez@opr.ca.gov. or by phone at (916) 445-0613. Sincerely, Ken Alex Director 1400 10th Street P.O. Box 3044 Sacramento, Califomla 95812-3044 (9 16) 322-23 18 FAX (91 6) 322-3785 www.opr.ca.gov Agenda Item 8.e. Page 9 THIS PAGE INTENTIO NALLY LEFT BLANK Agenda Item 8.e. Page 10