HomeMy WebLinkAbout1994-08-03; Planning Commission; Resolution 36971
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PLANNING COMMISSION RESOLUTION NO. 3697
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO ALL SIX SEGMENTS OF
THE CARLSBAD LOCAL COASTAL PLAN TO MAKE THE
ZONING CODE AND THE LOCAL COASTAL PROGRAM
CONSISTENT BY AMENDING CHAPTER 21.70
(DEVELOPMENT AGREEMENTS) OF THE ZONING
ORDINANCE WHICH SERVES AS THE IMPLEMENTATION
PLAN FOR THE LCP DIRECTLY OR THROUGH REFERENCES
IN EXISTING MASTER PLANS OR THE VILLAGE DESIGN
MANUAL.
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE
AMENDMENT
CASE NO: LCPA 94-01
11 WHEREAS, California State law requires that the Local Coas
12 General Plan, and Zoning designations for properties in the Coastal ZOI
13 /j conformance;
14 11 WHEREAS, a verified application for an amendment to the LOG
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16 Program, as shown on Exhibit "X", dated August 3, 1994, attached and incc
l7 II herein, has been filed with the Planning Commission; and
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as provided in Title 21 of the Carlsbad Municipal Code; and 19
WHEREAS, said verified application constitutes a request for an
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~ WHEREAS, the Planning Commission did on the 3rd day of Augc
21 11 hold a duly noticed public hearing as prescribed by law to consider the propo
22 II I/ Coastal Program Amendments shown on Exhibit "X", dated August 3, 1994, 23
24 I1 hereto, and;
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testimony and arguments, if any, of all persons desiring to be heard, said Co 26
WHEREAS, at said public hearing, upon hearing and consic
27 considered all factors relating to the Local Coastal Program Amendment.
28 WHEREAS, State Coastal Guidelines requires a six week pub1
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period for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cs
of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starti
12, 1994, and ending on June 23, 1994. No public comment$
received.
C) That based on the evidence presented at the public hearing, the Cc
recommends APPROVAL of LCPA 94-01 as shown on Exhibit
August 3, 1994, attached hereto and made a part hereof bas
following findings:
FiIldillm:
1. The proposed Local Coastal Program Amendment is consistent with all
policies of the City of Carlsbad Local Coastal Program.
2. The proposed amendment is required to maintain consistency between 1
Code and the Local Coastal Program.
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PC RES0 NO. 3697 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, held on the 3rd day of August, 1994
following vote, to wit:
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AYES: Chairperson Savary; Commissioners Welshons,
Nielsen and Noble.
NOES: Commissioners Erwin and Monroy.
7 /I ABSENT: None.
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ABSTAIN: None.
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13 ATTEST:
CARLSBAD PLANNING COMM
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16 11 Planning Director
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~ PC RES0 NO. 3697 -3 -
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e EXHIBIT "Yll
dated August 3, 1
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 '
ANY PROJECT FOR WHICH A DEVELOPMENT AGREEMENT : PROPOSED: TO CHANGE ALL REFERENCES TO LAND USE PLANNII MANAGER TO PLANNING DIRECTOR: AND TO ADD ADDITION,
REQUIREMENTS FOR DEVELOPMENT AGREEMENTS.
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDME
CASE NO: ZCA 94-01
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The City Council of the City of Carlsba
.California, does ordain as follows: a
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SECTION 1: That Title 21, rhapter 21.70 of t
Carlsbad Municipal Code is amended by the amendment of S.ecti
21.70.005 to read as follows:
1121.70.005 Authority for Adoption - Applicability.
This chapter is adopted under the authority of Governme
Code Sections 65864 - 65869.5. This chapter shall
applicable to any project for which an applicant reques
consideration of a development agreement."
SECTION 2 : That Title 21, Chapter 21.70 of
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18 ' (a) Except as otherwise provided in this chapter,
/planning director shall prescribe the form for each applicat
19 lnotice and document provided or required under this chaptel
the preparation and implementation of development agreement
submit such information and supporting data as the plar
Carlsbad Municipal Code is amended by the amendment of Sec
21.70.010 to read as follows:
1121.70.010 Forms and Information.
20 (b) The Planning Director may require an applican
21 director considers necessary to process the application.Il
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 c
26 into a development agreement. A qualified applicant is a pr who has legal or equitable interest in the real property whic
27 the subject of the development agreement. Applicant inc:
1 authorized agent. The Planning Director shall requirl
28 j and of the authority of the agent to act for the applic i applicant to submit proof of his interest in the real pro1
Before processing the application the Planning Director :
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II obtain the opinion of the City Attorney as to the sufficienc
1 the applicant's interest in the real property to enter into agreement. It
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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 propc 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 c
11 provisions permitted by law, including requirements that
applicant provide sufficient security approved by the
12 attorney to ensure provision of public facilities.'I
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:
16 1121.70.050 Review of Application. I (a) The Planning Director shall review the application
17 'may reject it if it is incomplete or inaccurate for process if he finds that the application is complete he shall accep
18 for filing.
(b) The Planning Director shall review the application
19 proposed agreement and shall prepare a report and recommenda
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:
1121.70.040 Proposed Form of Asreement.
to the Planning Commission on the agreement.
20 (c) The Planning Director shall forward a copy of application and proposed agreement to the City Attorney
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to the Finance Director for review. The Finance Director s
for projects purporting to provide economic benefits to the C 23
application, proposed agreement, and a fiscal impact analy
(d) The Planning Director shall forward a copy of 22
/?Scornmendation to the Planning Commission on the agreement.
,review. The City Attorney shall prepare a report
prepare a report and recommendation to the planning commissic 24 the agreement and fiscal impact analysis."
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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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1121.70.060 Transmittal to Planning Commission.
1 The planning director shall transmit the application to Planning Commission for a public hearing when all the neces
2 hearing shall be given as provided in this chapter. reports and recommendations are completed. Notice of the pu
application for a development agreement may be consid 3 concurrently with other discretionary permits for the projec
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8 Where applicable, ensures provision of public facilitic
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 manner consistent with the general plan;Il
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SECTION 8 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the addition of Sec
21.70.080, Subsection (b) (9) to read as follows:
"21.70.080 (b) (9) .
Will result in the provision of economic, environmer
recreational, or social benefits to the City which would nc
attainable without approval of the agreement."
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21.70.090 to read as follows: 17
Carlsbad Municipal Code is amended by the amendment of Sec 16
SECTION 9: That Title 21, Chapter 21.70, of
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I t121.70.090 Approval of Development Aqreements.
If the city council approves the development agreement shall adopt an ordinance approving the agreement and direc
the Mayor to execute the agreement after the effective dat
the ordinance on behalf of the City. Before execution,
agreement shall be approved as to form by the City Attorney
For projects located within the coastal zone the develor agreement shall not become effective until a Local Coe Program Amendment or Coastal Development Permit, whicheve applicable, has been granted by the California Coastal Commi: or its successor in interest."
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21.70.100 to read as follows: 26
Carlsbad Municipal Code is amended by the amendment of Sec 25
SECTION 10: That Title 21, Chapter 21.70, of
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be given by both methods provided in Section 21.54.060 of 28
I "21.70.100. (a) Notice of public hearing required by this chapter I
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code. (b) The notice requirement referred to in subsection (z declaratory of existing law (Government Code Sections 6E
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 requirc
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'l . The time for review may be shortened either by agrec 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.11
12 SECTION 12 : That Title 21, Chapter 21.70 of
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t121.70.140 (c). 15
21.70.140, Subsection (c) to read as follows: 14
Carlsbad Municipal Code is amended by the amendment of Sec
The Planning Director shall begin the review proceedir
16 giving written notice that the city council intends to unde~
a periodic review of the development agreement to the pro1
17 owner. He shall give the notice at least ten days in advanc
the time at which the matter will be considered by the Counc:
18 EFFECTIVE DATE: This ordinance shall be effec
19 thirty days after its adoption: and the city clerk shall cel
20 the adoption of this ordinance and cause it to be publish€
21 least once in a newspaper of general circulation in the Cit
22 Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of
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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 -
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1994 by the following vote, to wit:
AYES :
NOES :
ABSENT :
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APPROVED AS TO FORM AND LEGALITY
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13 RONALD R. BALL, City Attorney // 14
15 CLAUDE A. LEWIS , Mayor
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ATTEST :
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19 ALETHA L. RAUTENKRANZ, City Clerk
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