HomeMy WebLinkAboutLCPA 94-01; Development Agreements ZCA/LCPA; Local Coastal Program Amendment (LCPA)h
STAFF REPORT
DATE: AUGUST 3, 1994
APPLlC LON COMPLETE DATE:
MARCH .1
mNEU @
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA 94-Ol/LCPA 94-01- DEVELOPMENT AGREEMENTS ZONE CODE
AMENDMENT - A request for approval of a Negative Declaration and
amendments to the Development Agreements Chapter of the Zoning Code to
make the chapter applicable to any project for which a development
agreement is proposed; to change all references to Land Use Planning
Manager to Planning Director; and to add additional requirements for
development agreements. Approval of an amendment to the Local Coastal
Program in the form of a zone code amendment is also proposed.
1. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3695
recommending APPROVAL of the Negative Declaration issued by the Planning Director,
ADOPT Planning Commission Resolution No. 3696 recommending APPROVAL of ZCA 94-
01 based on the findings contained therein, and ADOPT Planning Commission Resolution
No. 3697 recommending APPROVAL of LCPA 94-01, based on the findings contained
therein.
11. PROJECT DESCRIPTION AND BACKGROUND
The proposed zone code amendment is to the existing Development Agreements Chapter
of the Zoning Code. The amendment is proposed as a result of the City Council adopted
economic development strategy and would allow for the consideration of development
agreements with proposed projects. A development agreement is a contract between a
developer and the city under which the city agrees that a development project can proceed
under the policies, rules, and regulations in effect at the time the development agreement
was entered into. In this way, a developer is able to obtain protection against a
subsequently enacted amendment to the general plan, zoning ordinance, or other land-use
regulation, whether enacted by the legislative body or by the voters through an initiative.
California Government Code Section 65865 allows local govemments to enter into an
agreement with any person having a legal or equitable interest in real property for the
development of the property. It also requires local governments upon the request of an
applicant to establish procedures and requirements for the consideration of development agreements upon the filing of an application.
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ZCA 94-01/LCPA 94-01 EVELOPMENT AGREEMENTS
AUGUST 3, 1994
PAGE 2
ZONE CODE AMENDMENT
Chapter 21.70 of the Zoning Code contains provisions for development agreements. The
chapter can presently only be utilized by projects providing housing for persons of low to
moderate income. The most significant change proposed as part of this zone code
amendment is to delete the references to projects providing housing for persons of low to
moderate income and replacing it with text that would make the development agreements
chapter applicable to any project which an applicant requests consideration of a
development agreement. The Inclusionary Housing and Residential Density Bonus Or In-
Lieu Incentives Chapters added to the Zoning Code in 1993 utilize an affordable housing
agreement not a development agreement. The code defines an affordable housing
agreement as a legally binding agreement between a developer and the city to ensure that
the inclusionary requirements of the code are satisfied. The affordable housing agreement
establishes the number of required inclusionary units, the unit sizes, location, affordability
tenure, terms and conditions of affordability and unit production. The development
agreements chapter is therefore no longer utilized as a mechanism for guaranteeing the
production of housing for persons of low to moderate income. The proposed revisions to
the development agreements chapter enable the city to comply with the California
Government Code as it allows for the consideration of development agreements upon the
request of a project applicant.
Attached to the staff report is a strikeout and shaded versions of the ordinance containing
the proposed revisions. Deletions are indicated with a line through the existing text.
Additions are shaded to indicate the new text. The other revisions include: (1) changing
all references from land use planning manager to planning director to reflect the title
currently being used by the city; (2) providing the city with the ability to provide the
applicant with the form of a development agreement; (3) requiring a fiscal impact analysis
for projects purporting to provide economic benefits to the city with review and a
recommendation concerning the report prepared by the Finance Director; (4) adding a
new finding concerning benefits to the city which could not be attained without approval
of a development agreement; (5) adding a provision that development agreements for
projects within the coastal zone shall not become effective until a local coastal program
amendment or a coastal development permit, whichever is applicable, has been granted by
the California Coastal Commission; and (6) updating references to sections of the California
Government Code.
111. ANALYSIS
1. Are the proposed amendments to Chapter 21.70 (Development Agreements) of the
Zoning Code consistent with sections 65864 through 65869.5 of the California
Government Code?
2. Will the proposed zone code amendment retain consistency with the City's Local
Coastal Program?
ZCA 94-01/LCPA 94-01 -LLVELOPMENT AGREEMENTS
ZONE CODE AMENDMENT
AUGUST 3, 1994
PAGE 3
DISCUSSION
1. CONSISTENCY WITH THE CALIFORNIA GOVERNMENT CODE
Section 65865 (c) requires that the city upon request of an applicant, establish procedures
and requirements for the consideration of development agreements. As stated in the
preceding section of this staff report the city currently has a chapter in the zoning code
which establishes procedures and requirements for the consideration of development
agreements; however, it limits their potential use to projects providing housing for persons
of low to moderate income. The proposed amendment will remove this limitation and
make the development agreements chapter applicable to any project for which an applicant
requests consideration of a development agreement. As a result the amended chapter will
be in compliance with this requirement of state law. The other revisions previously
outlined reflect changes that staff believes will be beneficial to the city.
A public hearing is required to be held on an application for a development agreement by
the Planning Commission and the City Council. The Planning Commission will consider
the application and make a recommendation to the City Council. The City Council will
make the final decision on a development agreement application.
2. CONSISTENCY WITH THE LOCAL COASTAL PROGRAM
Local Coastal Programs (LCPs) consist of a land use plan, zoning ordinances and other
implementing actions. Because the city's zoning code serves as the implementation plan
for the LCP directly or through references in existing master plans or the Village Design
Manual, the proposed zone code amendment is also an amendment to all six segments of
the Carlsbad Local Coastal Program. Therefore, approval of the zone code amendment by
the City and the California Coastal Commission will result in consistency between the
zoning code and the implementation plan for the LCP. Should the proposed zone code
amendment be approved staff will be submitting a Local Coastal Program Amendment
application to the California Coastal Commission.
A six week public comment period was provided for the proposed Local Coastal Program Amendment beginning on May 12, 1994 and ending on June 23, 1994. A notice was
published in the Carlsbad Sun and the Blade-Citizen. A copy of the notice was also mailed
to the interested parties list maintained by the City. No comments were received.
Iv. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not have a significant impact
on the environment and, therefore, has issued a Negative Declaration on May 16, 1994.
The environmental analysis identified that, since this zone code amendment does not entail
any project specific development, no significant environmental impacts resulting from this
ZCA 94-01/LCPA 94-01 ->EVELOPMENT AGREEMENTS
ZONE CODE AMENDMENT
AUGUST 3, 1994
PAGE 4
action are anticipated. There were no public or agency comments received in response to
the Notice for a Negative Declaration.
AITACHMENTS
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3.
4.
Planning Commksion Resolution No. 3695
Planning Commission Resolution No. 3696
Planning Commission Resolution No. 3697
Exhibit "A", dated August 3, 1994 - Strikeout and Shaded Ordinance Version.
DN:vd
June 30, 1994
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EXHIBIT @'A@'
Dated August 3, 1994
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.70 OF THE CARLSBAD MUNICIPAL CODE TO MAKE THE CHAPTER APPLICABLE TO
ANY PROJECT FOR WHICH A DEVELOPMENT AGREEMENT IS PROPOSED: TO CHANGE ALL REFERENCES TO LAND USE PLANNING MANAGER TO PLANNING DIRECTOR: AND TO ADD ADDITIONAL REQUIREMENTS FOR DEVELOPMENT AGREEMENTS. CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT CASE NO: ZCA 94-01
The City Council of the City of Carlsbad,
California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.005 to read as follows:
1121.70.005. Authority for Adoption - ADDlicabilitv. This chapter is adopted under the authority of Government Code Sections 65864 - 65869.5. This chapter shall
SECTION 2: That Title 21, Chapter 21.70 of the
Zarlsbad Municipal Code is amended by the amendment of Section
11.70.010 to read as follows:
1t21.70.010 Forms and information.
(a) Except as o in this chapter, the &a&
ra- shall prescribe the form €or each application, ent provided or required
inder this chapter for the preparation and implementation of
levelopment agreements.
may ting require an ders
lata as the iecessary to process the application.
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(b) T
SECTION 3: That Title 21, Chapter 21.70 of the
3arlsbad Municipal Code is amended by the amendment of Section
21.'70.030 to read as follows:
112S.70.030 Oualification as an Applicant.
Only a qualified applicant may file an application to enter
A qualified applicant is a person into a development agreement.
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who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes
shall require an applicant to submit proof in the real property and of the authority of the agent to act for the applicant. B the application the
opinion of the City Attor e sufficiency of the
applicantls interest in the real property to enter into the agreement. It
SECTION 4: That Title 21, Chapter 21.70 of the
ed agent. The h-nd csc plai3sh5
-~ - UL+ FA shall obtain the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.040 to read as follows:
't21.70.040 Proposed Form of Aareement.
choose to use the standard form and include specific proposals for changes in or additions to the language of the standard form. The proposed agreement shall contain all the elements required by Government Code Section 65865.2 and may include any other provisions permitted by law, including requirements that the applicant provide sufficient security approved by the City
Attorney to ensure provision of public facilities.Il
SECTION 5: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.050 to read as follows:
1121.70.050 Review of Application. (a) The shall
review the application and may reject i ete or inaccurate for processing. If he finds that the application is
complete he shall accept it for filing. (b) The &a& zx shall review the application and proposed agreemen repare
a report and recommendation to the Planning Commission on the agreement.
forward a copy of the application and p City Attorney for review. The City Attorney shall prepare a report and recommendation to the Planning Commission on the agreement.
(c) The
(d) The e
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SECTION 6: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.060 to read as follows:
shall public hearing when all the necessary reports and recommendations are
completed. Notice of the public hearing shall be given as provided in this chapter. The application for a development agreement may be considered concurrently with other discretionary permits for the project.It
SECTION 7: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.080, Subsection (b) (7) to read as follows:
"21.70.080 (b) (71. ensures provision of public facilities in a man th the general plan;"
SECTION 8: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the addition of Section
21.70.080, Subsection (b) (9) to read as follows:
SECTION 9: That Title 21, Chapter 21.70, of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.090 to read as follows:
1121.70.090 Approval of Development Aareements. If the City Council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the mayor to execute the agreement after the effective date of the ordinance on behalf of the City. Before execution, each agreement shall be approved as to form by the City Attorney.
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SECTION 10: That Title 21, Chapter 21.70, of the
'arlsbad Municipal Code is amended by the amendment of Section
'1.70.100 to read as follows:
It 2 1.7 0.10 0
(a) Notice of public hearing required by this chapter shall ,e given provided in Section 21.54.060 of this
:ode. (b) The notice requirement referred to in subsection (a) is leclaratory of existing la de Sections 65867, 1- If state law ,rescribes a different notic tice shall be given
.n that manner.
(c) The failure of any person to receive notice required by .aw or these regulations does not affect the authority of the !ity to enter into a development agreement."
SECTION 11: That Title 21, Chapter 21.70 of the
:arlsbad Municipal Code is amended by the amendment of Section
11.70.140, Subsection (b) to read as follows:
"21.70.140 (bl.
The time for review may be shortened either by agreement
)etween the parties or by initiation in one or more of the 'ollowing ways:
(1) Recommendation of the *.c! Vz,c I'lt;&,q +&mageF
(2) R tion by the Planning Commission;
(3) Resolution of intention of the City Council."
SECTION 12: That Title 21, Chapter 21.70 of the
larlsbad Municipal Code is amended by the amendment of Section
11.70.140, Subsection (c) to read as follows:
shall begin :he review proceeding by giving at the City
!ouncil intends to undertake a periodic review of the development igreement to the property owner. He shall give the notice at .east ten days in advance of the time at which the matter will be :onsidered by the Council.'I
1f21.70.140 (cl. The %ai=d ~32 ~1-
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EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption; and the City Clerk shall certify
the adoption of this ordinance and cause it to be published at
least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of I
1994, and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the day of
, 1994 by the following vote, to wit:
AYES :
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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