HomeMy WebLinkAbout1982-07-28; Planning Commission; Resolution 1993'% I1 e * ll
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PLANNING COMMISSION RESOLUTION NO. 1993
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 0
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE
CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.70 TO
PROVIDE FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS.
APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA-146
WHEREAS, the Planning Commission did, on the 28th day
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July, 1982, hold a duly noticed public hearing as prescribed k
to consider said request: and
WHEREAS, at said public hearing, upon hearing and cor
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ing all testimony and arguments; if any, of all persons desiri
be heard, said Commission considered all factors relating to t
Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc
Commission as follows: L That the above recitations are true and correct.
That based on the evidence presented at the public hearir
the Commission recommends APPROVAL of ZCA-146, according
Exhibit "A", dated July 28, 1982, attached hereto and ma< part hereof, based on the following findings: 17
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because it will provide a mechanism to help implement ad( 20
1) That the proposed amendment is consistent with the Generi I'
Findings:
adopted Planned Development Ordinance, will permit the c. provisions of the Zoning Ordinance, including the recent: 22
2) That approval of this amendment in conjunction with othel 21
goals and action programs of the Housing Element.
of Prior Compliance.
mental documents and the Planning Director has issued a 1 26
addressed in conjunction with previously certified envir( 25
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for an affordable housing project if the city desires to consider allowing flexible application of development st, 23
3) That the environmental effects of the project have been
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PASSED, APPROVED AND ADOPTED at a regular meeting ol
Planning Commission of the city of Carlsbad, California, held
the 28th day of July, 1982, by the following vote, to wit:
AYES: Chairman Farrow, Commissioners Marcus, Rombc
NOES : None.
Schlehuber, Jose, Friestedt and Rawlins,
ABSENT : None.
ABSTAIN 2 None ,
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~ ATTEST:
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VERNO~JL?. FAR#OW, Jr.' dhai
CARLSBqD PLANNING COM&SIO: '"-...>
1
MICHAEL J.~OLZ~LER, Secretary
CARLSBAD PLANNING COMMISSION &
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PC RES0 NO. 1993 -2-
II 0 * JULY 28, 1982
EXHIBIT "A"
/I ORDINAEE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF Tf-IE CITY OF CAlUSBAD, CZXGImmIA, AMENDING TITLE 21 OF TEE cAIu;sBAD EmJICIPAL
CODE BY THE ADDITION OF CHAPTER 21.70 TO PROVIDE FOR
CONSIDERATION OF DEVIXDPMENT AGFEEMENE.
The City Council of the City of Carlsbad, California does ordain
as follms: 5
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SECTION 1: That Title 21 of the Carlsbad Municipal Code is her&
amended by the addition of Chapter 21.70 to read as follows:
a I1 11 Chapter 21.70 9
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Sections :
21.70.005
21.70.010
21.70.020
21.70.030
21.70.040
21.70.050
21.70.060
21.70.070
21.70.080
21.70.090
21.70.100
21.70.110
21.70.120
21.70 . 130
21.70.140
21.70.150
21.70.160
DEvELomvlENTA-
Authority for adoption.
Forms and informtion.
Fees. (lualification as an applicant. Proposed. form of agreement.
Review of application. Transmittal to Planning Commission.
planning corrrrnission Reprt. Decision by City Council,
Approval of Developmnt Agreements. Required notice, Irregularity of proceedings. &"mt and cancellation of aqremt by mtual
mnsent.
Recordation.
Periodic review.
Procedure for periodic review.
mdification for termination.
21 21.70.005 Authority for adoption -- applicability. This *Pte: is adopted under the authority of Government Code Sections 65864-65869.5. 22 This chapter shall be applicable only to housing developnaents for persons 1
General plan. 23 lm to derate income which implemnt the Housing Elmt of the Carlsbad
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21.70.010 Foms and infomtion. (a) Except as otherwise
provided in this chapter, the Planning Director shall prescribe the form for ea& application, notice and d-ocuI1-ttnt provided for or required under this chapter for the preparation and kplerrentation of development ag-reemnts.
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(b) The Planning Director may require an applicant t
submit such information and supporting data as the Planning
Director considers necessary to process the application.
21.70.020 Fees. (a) A fee established by City
Council resolution shall be paid by the applicant at the time c
filing the application.
applicant from the obligation to pay any other fee for a city
approval, permit or entitlement required by this code.
(b) Nothing in this chapter shall relieve the
21.70.030 Qualification as an applicant. Only a
qualified applicant may file an application to enter into a
development agreement. A qualified applicant is a person who
has legal or equitable interest in the real property which is
the subject of the development agreement. Applicant includes
authorized agent. The Planning Director shall require an
applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application the Planning Director shall
obtain the opinion of the City Attorney as to the sufficiency c the applicant's interest in the real property to enter into the
agreement.
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21.70.040 Proposed form of agreement. Each
application shall be accompanied by the form of development
agreement proposed by the applicant. The City Council may ado]
by resolution a standard form of development agreement. 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 al: 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.
21.70.050 Review of application. (a) The Planning
Director shall review the application and may reject it if it :
incomplete or inaccurate for processing. If he finds that the
application is complete, he shall accept it for filing.
(b) The Planning Director shall review the application and proposed agreement and shall prepare a report and recommendation to the Planning Commission on the agreement
(c) The Planning Director shall forward a copy of tl application and proposed agreement to the City Attorney for review. The City Attorney shall prepare a report and
recommendation to the Planning Commission on the agreement.
application and proposed agreement for projects providing housing for persons of low and moderate income to the Housing
and Redevelopment Advisory Committee for review. The Committel shall prepare a report and recommendation to the Planning
Commission on the agreement. The Committee may, but need not,
(d) The Planning Director shall forward a copy of tl
, hold a public hearing on the agreement.
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21.70.060 Transmittal to Planning Commission. The
Planning Director shall transmit the application to the Plannir Commission for a public hearing when all the necessary reports
and recommendations are completed. Notice of the public hearir shall be given as provided in this chapter. The application fc
a development agreement may be considered concurrently with
other discretionary permits for the project. ///
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21.70.070 Planning Commission report. After a public
hearing, the Planning Commission shall consider the applicatio: and prepare a report and recommendation for the City Council. The report and recommendation shall include findings on the matters stated in Section 21.70.080(b). This report and recommendation shall be forwarded to the City Clerk who shall set the matter for public hearing before the City Council.
21.70.080 Decision by City Council. (a) After the City Council completes the public hearing, it may approve,
modify or disapprove the development agreement. It may refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission need not hold a
public hearing on matters referred back to it by the City
Council.
agreement unless it finds that the agreement:
general land uses and programs specified in the general plan and any applicable specific plan;
the regulations prescribed for, the land use district in which the real property is located and all other provisions of Title 21 of this code.
(3) Is in conformity with public convenience, gener welfare and good land use practices; (4) Will not be detrimental to the health, safety and general welfare; (5) Will not adversely affect the orderly developme of property or the preservation of property values; (6) Is consistent with the provisions of Government Code Sections 65864-65869.5.
(7) Ensures provision of public facilities in a manner consistent with the general plan.
(8) When applicable, is consistent with the provisi of Title 20 of this code.
(b) The City Council shall not approve the development
(1) Is consistent with the objectives, policies,
(2) Is compatible with the uses authorized in, and
2'1.70.090 Approval of development agreements. If the
City Council approves the development agreement, it shall ado1
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.
21.70.1'00 Required notice. (a) Notice of public hearir required by this chapter shall be given as provided in Section 21.54.060 of this code. (b) The notice requirement referred to in subsection (2 is declaratory of existing law (Government Code Sections 6586'
65854, 65854.5 and 65856). If state law prescribes a differel
notice requirement, notice shall be given in that manner.
(c) The failure of any person to receive notice require(
by law or these regulations, does not affect the authority of
the City to enter into a development agreement.
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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, negle
or omission as to any matter pertaining to petition, applicati
notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result
would have been probable if the error had not occurred or exis There is no presumption that error is prejudicial or that inju was done if error is shown.
21.70.120 Amendment and cancellation of agreement
by mutual' 'consent. (a) Either party may propose an amendment
or cancellation in whole or in part of the development agreeme
previously entered into. The amendment or cancellation permit by this section must be by mutual consent of the parties.
(b) The procedure for proposing and adoption of an
amendment to or cancellation in whole or in part of the develc ment agreement is the same as the procedure for entering into agreement in the first instance. However, where the City initiates the proposed amendment to or cancellation in whole c in part of the development agreement, it shall first give noti to the property owner of its intention to initiate such procec ings at least thirty days in advance of the giving of public notice of the hearing to consider the amendment or cancellatic
21.70.130 Recordation. (a) Within ten days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder. (b) If the parties to the agreement or their successors interest amend or cancel the agreement as provided in Governme Code Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the tern or conditions of the agreement the City Clerk shall have notic of such action recorded with the County Recorder.
21.70.140 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
(3) Resolution of intention of the City Council.
Commission.
(c) The Planning Director shall begin the review proceec by giving written notice that the City Council intends to undc
take a periodic review of the development agreement to the property owner. He shall give the notice at least ten days
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1 in advance of the time at which the matter will be considered by
the Council.
Commission for review and recommendation. 2
Council or the Planning Commission, if the matter has been 4
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(d) The City Council may refer the matter to the Planning
referred, shall conduct a public review hearing at which the
5 property owner must demonstrate good faith compliance with the
terms of the agreement. The burden of proof on this issue is
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7 substantial evidence whether or not the property owner has, for
the period under review, complied in good faith with the terms
8 and conditions of the agreement.
of substantial evidence that the property owner has complied in 9
(c) If the City Council finds and determines on the basis
21.70.150 Procedure for periodic review. (a) The City
(b) The City Council shall determine upon the basis of
good faith with the terms and conditions of the agreement durinc
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ings to modify or terminate the agreement. during the period under review, the Council may initiate proceec 12
in good faith with the terms and conditions of the agreement of substantial evidence that the applicant has not complied 11
the period under review, no other action is necessary. (d) If the City Council finds and determines on the basis
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z>v modify or terminate the agreement, the Council shall give noticc
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finding under Section 21.70.150(d) Council determines to
to the property owner of its intention so to do. The notice mG -1
5Lgg 16 (1) The time and place of the hearing. ' >I- 2 '2 a 17 proposes to terminate or to modify the development agreement:
>o aa (3) Other information which the Council considers
'21.70.'160 Modification or termination. (a) If upon a
shall state:
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hearing held according to Section 21.70.150.
cation or termination, the property owner shall be given an
21 opportunity to be heard. The Council may refer the matter back
to the Planning Commission for further proceedings or for repor.
22 and recommendation. The Council may impose those conditions to
the action it takes as it considers necessary to protect the
23 interests of the City. The decision of the City Council is fin(
24 '2'1'.'7'0.170 No damages on termination. (a) In no event shl
25 damages against the City upon termination of the agreement.
19 I Such notice may be given at the conclusion of the
20 (b) At the time and place set for the hearing on modifi-
the applicant or his successors in interest be entitled to any
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2.1'. 7'0-l'8'0 No Vesting of rights. Approval and constructio:
Of a portion or phase of a development pursuant to the agreemen'
shall not vest any rights to construct the remainder or any
other portion of the development nor create any vested rights to the approval thereof if the agreement is terminated as
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provided in this chapter.
21.70.190 Reservation of rights. The City Council of the
City of Carlsbad reserves the right to terminate or modify any
development agreement after a public hearing if such terminatio
or modification is reasonable and necessary to protect the pub1
health, safety or welfare."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of I
1981, and thereafter
I5 II g 1311 PASSED AND ADOPTED at a regular meeting of said Council
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in 5a vote, to wit:
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>I- a 17 NOES : a
- ABSENT :
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i RONALD C. PACKARD, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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