HomeMy WebLinkAbout1995-08-15; City Council; Resolution 95-238e 0
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RESOLUTION NO. 95-238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAC CALIFORNIA, AUTHORIZING CITY STAFF TO SUBMIT CHAPTER 21.70 01 THE CARLSBAD MUNICIPAL CODE TO THE CALIFORNIA COAST4 COMMISSION TO AMEND THE IMPLEMENTATION PLAN FOR THE CITY'; LOCAL COASTAL PROGRAM. CASE NAME DEVELOPMENT AGREEMENTS LCPA CASE NO: LCPA 94-01
i WHEREAS, California State law requires that the Local Coastal Program, Gene
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for the Local Coastal Program; 11
Program Amendment providing for the same amendment to be made to the implementa 10
an amendment to Chapter 21.70 of the Carlsbad Municipal Code and approved a Loca: 9
WHEREAS, on February 14, 1995 the City Council adopted ordinance NS-302 a 8
and Zoning Ordinance be in conformance;
12 WHEREAS, the Coastal Commission staff has determined that the original Dev,
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part of the implementation plan for the City's Local Coastal Program; and 19
dated July 19, 1995 , attached hereto to the California Coastal Commission for approval 1 18
authorizing staff to submit Chapter 21.70 of the Carlsbad Municipal Code as shown on E 17
WHEREAS, the City Council did on the 15th day of August , 1995 16
the remainder of the chapter; 15
and that the Coastal Commission cannot act on the proposed amendments without also ca 14
Agreements Chapter adopted in 1982 was never submitted to the Coastal Commission for
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
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follows:
I. That the above recitations are correct.
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Code to the California Coastal Commission for approval to become part of the imple 24
2. That the City Council authorizes staff to submit Chapter 21.70 of the Carlsbad
plan for the City's Local Coastal Program. 25
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the city Cour
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to wit: 3
City of Carlsbad, California, on the 15th day of AUGUST , 1995, by the foh
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5 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
6 NOES: None
7 ABSENT: None
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ABSTAIN: None
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ATTEST:
1.
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ALETm L1erk
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0 0 JULY IY, IYY
21.71
Chapter 21479
DEVELOPMENT
AGREEMENTS
Sections:
21.70.005
21.70.010
21.70.020
21.70.030
2 1.70.040
21.70.050
21.70.060
21.70.070
2 1.70.080
21.70.090
. 21.70.100
21.70.110
21.70.120
21.70.130
2 1.70.140
21.70.150
21.70.160
21.70.170
21.70.180
21.70.190
Authority for adoption-
Applicability.
Forms and informatfon.
Fees and reimbursements.
Qualification as an applicant.
Proposed form of agreement.
Review of application.
Transmittal to planning
commission.
Planning commission report.
Decision by city council.
Approval of development
agreements.
Required notice.
Irregularity in proceedings.
Amendment and cancellation of
agreement by mutual consent.
Recordation.
Periodic review.
Procedure for periodic review.
Modification or termination.
No damages on termination.
No vesting of rights.
Reservation of rights,
21.70.005 Authority for adoptiom-
Applicability.
This chapter is adopted under the authority of Gov-
ernment Code Sections 65864 - 65869.5. This
chapter shall be applicable to any project for which
an applicant requests consideration of a development
agreement. (Ord. NS-302 § 1, 1995: Ord. 9643 Q 1
(part), 1982)
required under this chapter for the preparatio
implementation of development agreements.
(b) The planning director may repuire an
cant to submit such information and supportin,
as the planning director considers necessary t
cess the application. (Ord. NS-302 Q 2, 1995
1261 Q 54 (part), 1983; Ord. 9643 Q 1 (part),
21.70.020 Fees and reimbursements.
(a) A fee established by city council res(
shall be paid by the applicant at the time of
the application.
(b) Nothing in this chapter shall relieve thc
cant from the obligation to pay any other fe
city approval, permit or entitlement required
Codc.
(c) The city may require the applicant tc
to pay the city’s costs in negotiating, prepari
processing the development agreement, includ
fees and expenses of special counsel and an
consultants engaged by the city in connectic
the development agreement. (Ord. NS-30
1995: Ord. 9643 Q 1 (part), 1982)
21.70.030 Qualification as an applicar
Only a qualified applicant may file an app
to enter into a development agreement. A q1
applicant is a person who has legal or er
interest in the real property which is the su
the development agreement. Applicant i
authorized agent. The planning director shall
an applicant to submit proof of his intere5
real property and of the authority of the age
for the applicant. Before processing the apr
the planning director shall obtain the opinio
city attorney as to the sufficiency of the ap:
interest in the real property to enter into th
ment. (Ord. NS-302 Q 4, 1995: Ord. 121
(part), 1983; Ord. 9643 4 1 (part), 1982)
21.70.010 Forms and information. 21.70.040 Proposed form of agreeme
(a) Except as otherwise provided in this chapter, Each application shall be accompaniec
the planning director shall prescribe the form for form of development agreement propose(
each application, notice and document provided or applicant unless the city manager, in cor
with the planning director and city attome
77 1 (<
2 1.70.0.10 0 0
mines to provide the applicant with the form of a
development agreement. The city councd may adopt
by resolution a standard form of development agree-
ment. The applicant may 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 ele-
ments required by Government Code Section
.' 65865.2 and may include any other provisions per-
mitted by law, including requirements that the appli-
cant provide sufficient security approved by the city
attorney to ensure provision of public facilities.
(Ord. NS-302 $5, 1995: Ord. 9643 0 1 (part), 1982)
21.70.050 Review of application.
(a) The planning director shall review the appli-
cation and may reject it if it is incomplete or inaccu-
rate for processing. If he fmds that the application
is complete, he shall accept it for filing.
(b) The planning director shall review the appli-
cation and proposed agreement and shall prepare a
report and recommendation to the planning commis-
sion on the agreement.
(c) The planning director shall forward a copy of
the application and proposed agreement to the city
attorney for review. The city attorney shall prepare
a report and recornmendation to the planning com-
mission on the agreement.
(d) The planning director shall forward a copy of
the application, proposed agreement, and a fiscal
impact analysis, for projects purporting to provide
economic benefits to the city, to the finance director
for review. The finance director shall prepare a
report and recommendation to the planning commis-
sion on the agreement and fiscal impact analysis.
(Ord. NS-302 $ 6, 1995: Ord. 1261 $ 54 (part),
1983; Ord. 9643 $ 1 (part), 1982)
21.70.060 Transmittal to planning
commission.
'I'IIc I)I;II~IIIII~ cjilocto1- Shi~lI trirnsrnit tllc iIppliCa-
tion to the planning commission for a 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
project. (Ord. NS-302 3 7, 1995: Ord. 1'261 $ 51
(part), 1983; Ord. 9643 $ 1 (part), 1982)
21.70.070 Planning commission report.
After a public hearing, the planning commissio
shall consider the application and prepare a repom
and recommendation for the city council. The repo
and recommendation shall include frndings on tk
matters stated in Section 21.70.080(b). This rep0
and recommendation shall be forwarded to the ci
clerk who shall set the matter for public hearh
before the city council. (Ord. 9643 3 1 (part), 198'
21.70.080 Decision by city council.
(a) After the city council completes the pub
hearing, it may approve, modify or disapprove t
development agreement. It may refer matters r
previously considered by the planning commissi
during its hearing back to the planning commissi
for report and recommendation. The planning co
mission need not hold a public hearing on matt
referred back to it by the city council.
(b) The city council shall not approve the dev
opment agreement unless it finds that the agreeme
(1) Is consistent with the objectives, polic
general land uses and programs specified in
general plan and any applicable specific plan;
(2) Is compatible with the uses authorized in ;
the regulations prescribed for the land use distric
which the real property is located and all o
provisions of Title 21 of this code;
(3) Is in conformity with public convenie~
general welfare and good land-use practices;
(4) Will not be detrimentaI to the health, sa
and general welfare;
(5) Will not adversely affect the orderly deve
ment of property or the presentation of pro€
values;
(6) Is consistent with thc provisions of Gob
ment Code Sections 65864 - 65869.5;
(7) Where applicable, ensures provision of p
facilities in a manner consistent with the ge
concurrently with other discretionary permits for thc
plan;
(Carlsbad 5-99 772
0 0 21.7C
(8) When applicable, is consistent with the provi-
(9) Will result in the provision of economic,
environmental, recreational, cultural or social bene-
fits to the city which would not be attainable with-
out approval of the agreement. (Ord. NS-302 $$ 8,
9, 1995; Ord. 9643 $ 1 (part), 1982)
sions of Title 20 of this code.
21.70.0W Approval of development
agreements.
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 agree-
ment shall be approved as to form by the city attor-
ney.
For projects located within the coastal zone, the
development agreement shall not become effective
until a local coastal program amendment or coastal
development permit, whichever is applicable, has
been granted by the California Coastal Commission
or its successor in interest. (Ord. NS-302 Q 10,
1995: Ord. 9643 6 1 (part), 1982)
21.70.100 Required notice.
(a) Notice of public hearing required by this
chapter shall be given by both methods provided in
Section 21.54.060 of this code.
(b) The notice requirement referred to in subsec-
tion (a) is declaratory of existing law (Government
Code Sections 65867, 65090 and 65091). If state
law prescribes a different notice requirement, notice
shall be given in that manner.
(c) The failure of any person to receive notice
required by law or these regulations does not affect
the authority of the city to enter into a development
agreement. (Ord. NS-302 0 11, 1995: Ord. 9643 $
1 (part), 1982)
21.70.110 Irregularity in proceedings.
No action, inaction or recommendation regarding
the proposed development agreement shall be held
void or invalid or be set aside by a court by reason
of any error, irregularity, informality, neglect or
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omission as to any matter pertaining to pet
application, notice, finding. record, hearing, re
recommendation or any matters of procedure I
ever, unless after an examination of the entire
including the evidence, the court is of the op
that the error complained of was prejudicial an(
by reason of the error the complaining party
tained and suffered substantial injury, and t
different result would have been probable i
error had not occurred or existed. There is nc
sumption that emr is prejudicial or that injur
done if error is shown. (ad. 9643 Q 1 (part),
21.70.120 ' Amendment and cancellation
agreement by mutual consen!
(a) Either party may propose an amendm
or cancellation in whole or in part of the del
ment agreement previously entered into. The a~
ment or cancellation permitted by this sectior:
be by mutual consent of the parties.
(b) The procedure for proposing and adopt
an amendment to or cancellation in whole or i
of the development agreement is the, same i
procedure for entering into an agreement in tl
instance. However, where the city initiates tk
posed amendment to or cancellation in wholc
part of the development agreement, it shall fir
notice to the property owner of its intention tc
ate such proceedings at least thirty days in ac
of the giving of public notice of the hear
consider the amendment or cancellation. (Ord
0 1 (part), 1982)
21.70.130 Recordation.
(a) Within ten days after the city enters ir
development agreement, the city clerk shall hi
agreement recorded with the county recorde,
(b) If the parties to the agreement or their :
son in interest amend or cancel the agreen
provided in Government Code Section 6586
the city terminates or modifies the agreen
provided in Government Code Section 6586
failure of the applicant to comply in good fai
the terms or conditions of the agreement, t
3 (Carl
* 21.70.130 0 0
clerk shall have notice of such action recorded with
the county recorder. (Ord. 9643 § 1 (part), 1982)
22.70.140 Periodic review.
(a) The city council shall review the development
agreement every twelve months from the date the
agreement is entered into.
(b) The time for review may be shortened either
by agreement between the parties or by initiation in
one or more of the following ways:
(1) Recommendation of the planning director;
(2) Resolution of intention by the planning com-
(3) Resolution of intention of the city council.
(c) The planning director shall begin the review
proceeding by giving written notice that the city
council intends to undertake a periodic review of the
development agreement to the property owner. He
shall give the notice at least ten days in advance of
the time at which the matter will be considered by
the council.
(d). The city council may refer the matter to the
planning commission for review and recommenda-
tion. (Ord. NS-302 $4 12, 13, 1995; Ord. 1261 4 54
(part), 1983; Ord. 9643 0 1 (part), 1982)
21.70.150 Procedure for periodic review.
(a) The city council or the planning commission,
if the matter has been referred, shall conduct a pub-
lic review hearing at which the property owner must
demonstrate good faith compliance with the terms
of the agreement. The burden of proof on this issue
is upon the property owner.
(b) The city council shall determine upon the
basis of substantial evidence whether or not the
property owner has, for the period under review,
complied in good faith with the terms and condi-
tions of the agreement.
(c) If the city council finds and determines on
the basis of substantial evidence that the property
owner has complied in good faith with the terms
and conditions of the agreement during the period
IIII~ICI- rcvicw, 110 otllcr xtioa is ncccssq.
(d) If the city council finds and determines on
the basis of substantial evidence that the applicant
mission;
has not complied in good faith with the terms and
conditions of the agreement during the period under
review, the council may initiate proceedings to
modify or terminate the agreement. (Ord. 9643 0 1
(part), 1982)
21.70.160 Modification or termination.
(a) If upon a finding under Section 21.70.150(d)
the council determines to modify or terminate the
agreement, the council shall give notice to the prop-
erty owner of its intention so to do. The notice shall
state:
(1) The tie and place of the hearing;
(2) A statement as to whether or not the council
proposes to terminate or to modify the development
agreement;
(3) Other information which the council consid-
ers necessary to inform the property owner of the
nature of the proceedings.
Such notice may be given at the conclusion of the
hearing held according to Section 21.70.150.
(b) At the time and place set for the hearing on
modification or termination, the property owner
shall be given an opportunity to be heard. The coun-
cil may refer the matter back to the planning com-
mission for further proceedings or for report and
recommendation. The council may impose those
conditions to the action it takes as it considers nec-
essary to protect the interests of the city. The deci-
sion of the city council is final. (Ord. 9643 5 1
(part), 1982)
21.70.170 No damages on termination.
In no event shall the applicant or his successors
in interest be entitled to any damages against the
city upon termination of the agreement. (Ord. 9643
§ 1 (Part), 1982)
21.70.180 No vesting of rights.
Approval and construction of a portion or phase
of a development pursuant to the agreement shall
not vest any rights to construct the remainder or any
othcr portion of the development nor create any
vested rights to the approval thereof if the agree-
(Carisbad 5-95) 774
0 0. 21.71
rnent is terminated as provided in this chapter. (ad.
9643 Q 1 (part), 1982)
774- 1 (-
a
I
21.70.190 Reservation of rights.
The city council reserves the right to terminate
or modify any development agreement after a
public hearing if such termination or modifka-
tion is reasonable and necessary to protect the
public health, safety or welfare. (Or& 9643 9 1
(part), 1982)
21.7r
775