HomeMy WebLinkAbout1994-08-03; Planning Commission; Resolution 3696!
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PLANNING COMMISSION RESOLUTION NO. 3696
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY 1OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, 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
WHEREAS, the Planning Commission did on the 3rd day of Aug
hold a duly noticed public hearing as prescribed by law to consider said requc
WHEREAS, at said public hearing, upon hearing and consic
testimony and arguments, if any, of all persons desiring to be heard, said Co
considered all factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Co
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Ca
recommends APPROVAL of ZCA 94-01, according to Exhibit "
August 3, 1994, attached hereto and made a part hereof, bast
following findings:
FiIldiIlgS:
1. The proposed amendment is consistent with Sections 65864 through 6
the California Government Code.
2. The proposed amendment will allow for the consideration of del
agreements for projects other than those providing housing for persons
moderate income as is intended by State Law.
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!PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 3rd day of August,
the following vote, to wit:
,AYES: Chairperson Savary; Commissioners Welshons,
Nielsen and Noble.
.NOES: Commissioners Erwin and Monroy.
.ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMM
ATTEST:
Planning Director
PC RES0 NO,. 3696 -2-
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mated August 3, 19!
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAI CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.70 OF TI CARLSBAD MUNICIPAL CODE TO MAKE THE CHAPTER APPLICABLE Y
ANY PROJECT FOR WHICH A DEVELOPMENT AGREEMENT 1
PROPOSED; TO CHANGE ALL REFERENCES TO LAND USE PLANNIl
MANAGER TO PLANNING DIRECTOR; AND TO ADD ADDITIONi REQUIREMENTS FOR DEVELOPMENT AGREEMENTS.
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMEI
CASE NO: ZCA 94-01
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The City Council of the City of Carlsbac
California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.70 of tl
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Carlsbad Municipal Code is amended by the amendment of Sectic
21.70.005 to read as follows:
1121.70.005 Authority for Adoption - Applicability. This chapter is adopted under the authority of Governmei Code Sections 65864 - 65869.5. This chapter shall 1 applicable to any project for which an applicant requesi consideration of a development agre8ement.8f
SECTION 2: That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sec
~21.70.010 to read as follows:
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1121.70.010 Forms and Information.
(a) Except as otherwise provided in this chapter, planning director shall prescribe the form for each applicat notice and document provided or required under this chapter the preparation and implementation of development agreement: (b) The Planning Director may require an applican. submit such information and supporting data as the plar director considers necessary to process the application."
22 ~ SECTION 3 : That Title 21, Chapter 21.70 of
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1121.70.030 Oualification as an Applicant. 25
'21.70.030 to read as follows: 24
Carlsbad Municipal Code is amended by the amendment of Sec
Only a qualified applicant may file an application to E
26 into a development agreement. A qua.lified applicant is a PE 'who has legal or equitable interest .in the real property whic
27 the subject of the development agreement. Applicant incl authorized agent. The Planning Director shall requir<
28 applicant to submit proof of his interest in the real pror and of the authority of the agent to act for the applic Before processing the application the Planning Director s
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obtain the opinion of the City Attorney as to the sufficienc
1 agreement. I'
the applicant's interest in the real property to enter into
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6 Each application shall be accompanied by the forn
development agreement proposed by the applicant unless the
7 Manager, in consultation with the Planning Director and Attorney, determines to provide the applicant with the form
8 development agreement. The City Council may adopt by resolu a standard form of development agreement. The applicant
g choose to use the standard form and include specific propo
for changes in or additions to the language of the standard f
10 The proposed agreement shall contain all the elements require Government Code Section 65865.2 and may include any o
11 provisions permitted by law, including requirements that
applicant provide sufficient security approved by the
12 attorney to ensure provision of public facilities.''
13 SECTION 5 : That Title 21, Chapter 21.70 of
14 Carlsbad Municipal Code is amended by the amendment of Sec
15 21.70.050 to read as follows:
SECTION 4 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sec
21.70.040 to read as follows:
1'21.70.040 Proposed Form of Aqreement.
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"21.70.050 Review of Application.
(a) The Planning Director shall review the application may reject it if it is incomplete or inaccurate for process If he finds that the application is complete he shall accep
for filing.
(b) The Planning Director shall review the application
,proposed agreement and shall prepare a report and recomrnenda to the Planning Commission on the agreement.
application and proposed agreement to the City Attorney
review. The City Attorney shall prepare a report
recommendation to the Planning Commission on the agreement. (d) The Planning Director shall forward a copy of
application, proposed agreement, and a fiscal impact analy
for projects purporting to provide economic benefits to the C
to the Finance Director for review. The Finance Director E
prepare a report and recommendation to the planning commissic
the agreement and fiscal impact analysis.''
I (c) The Planning Director shall forward a copy of
SECTION 6 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sec
,21.70.060 to read as follows:
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tt21.70.060 Transmittal to Planninq Commission.
1 The planning director shall transmit the application to Planning Commission for a public hearing when all the neces:
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concurrently with other discretionary permits for the projec
application for a development agreement may be considl 3
hearing shall be given as provided in this chapter. reports and recommendations are completed. Notice of the pul
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SECTION 7: That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sec.
21.70.080, Subsection (b) (7) to read as follows:
"21.70.080 (b) (7) . a Where applicable, ensures provision of public facilitie
a manner consistent with the general plan;11
9 SECTION 8 : That Title 21, Chapter 21.70 of
lo Larlsbad Municipal Code is amended by the addition of Sec
11~~21.70.080, Subsection (b) (9) to read as follows:
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13 recreational, or social benefits to the City which would no Will result in the provision of economic, environmen
14 attainable without approval of the agreement."
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16 Carlsbad Municipal Code is amended by the amendment of Sec
17 21.70.090 to read as follows:
18 t'21.70.090 Approval of Development Aqreements.
If the city council approves the development agreement
19 ,/shall adopt an ordinance approving the agreement and direc
'the Mayor to execute the agreement after the effective datl
20 the ordinance on behalf of the City. Before execution,
agreement shall be approved as to form by the City Attorney.
agreement shall not become effective until a Local Coa
22 Program Amendment or Coastal Development Permit, whicheve]
applicable, has been granted by the California Coastal Commis
23 or its successor in interest."
24 SECTION 10: That Title 21, Chapter 21.70, of
25 Carlsbad Municipal Code is amended by the amendment of Sec
26 21.70.100 to read as follows:
"21.70.080 (b) (9).
SECTION 9 : That Title 21, Chapter 21.70, of
21 For projects located within the coastal zone the develop
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I 1121.70.100
ibe given by both methods provided in Section 21.54.060 of ~ (a) Notice of public hearing required by this chapter s
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code. (b) The notice requirement referred to in subsection (z declaratory of existing law (Government Code Sections 65
65090, and 65091). If state law prescribes a different nc requirement, notice shall be given in that manner. (c) The failure of any person to receive notice require law or these regulations does not affect the authority of City to enter into a development agreement.
5 SECTION 11 : That Title 21, Chapter 21.70 of
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21.70.140, Subsection (b) to read as follows: 7
Carlsbad Municipal Code is amended by the amendment of Sec
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"21.70.140 (b). The time for review may be shortened either by agree
between the parties or by initiation in one or more of
following ways:
(1) Recommendation of the Planning Director;
(2) Resolution of intention by the Planning Commission
(3) Resolution of intention of the City Council.1t
12 SECTION 12 : That Title 21, Chapter 21.70 of
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21.70.140, Subsection (c) to read as follows: 14
Carlsbad Municipal Code is amended by the amendment of Sec
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1121.70. 140 (c) . The Planning Director shall begin the review proceedir giving written notice that the city council intends to under
a periodic review of the development agreement to the proF
owner. He shall give the notice at least ten days in advanc
the time at which the matter will be considered by the Councj I EFFECTIVE DATE: This ordinance shall be effec 1 thirty days after its adoption; and the city clerk shall cer
the adoption of this ordinance and cause it to be publishe
least once in a newspaper of general circulation in the Cit
Carlsbad within fifteen days after its adoption.
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e e
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the day of
1994, and thereafter
PASSED AND ADOPTED at a regular meeting of the
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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