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HomeMy WebLinkAbout1986-07-01; City Council; 9808; CMC 21.90 add - Growth management program establishment9808 ORDINANCE NO. Purpose and intent. Definitions. General prohibition, exceptions. Tolling of time for consideration of applications submitted before the effective date of this chapter. Tolling of expiration of previously issued development permits . Extensions of prior approvals prohibited. Compliance with this chapter required. Establishment of local facilities management fee. Special provisions for building permits issued during temporary moratorium. Finding of health, safety and welfare necessary for the fees imposed by sections 21.90.050 and 21.90.060. Performance standard. Citywide facilities and improvements plan. Local facilities management zones. Contents of local facility management plans. Facilities management plan prepartion. Facilities management plan processing. Implementation of facilities and improvements requirements. Obligation to pay fees or install improvements required by any other law. Implementing guidelines. Exclusions. Council actions, fees, notice. Expiration of chapter. Severability. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.90 ESTABLISHING A GROWTH MANAGEMENT PROGRAM FOR THE CITY The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21 is amended by the addition of Chapter 21.90 to read as follows: "Chapter 21.90 Growth Management Sect ions : / 21.90.010 21.90.020 21.90.030 21.90.031 21.90.032 21.90.033 21.90.040 21.90.050 21.90.060 21.90.070 21.90.080 21.90.090 21.90.100 21.90.110 21.90.120 21.90.125 21.90.130 21.90.140 21.90.150 21.90.160 21.90.170 21.90.180 21.90.190 1. 3 .. 1 2 a SI 4 c U E 7 e 9 ZC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.90.010 Purpose and intent. (a) It is the policy of the City of Carlsbad to: (1) Provide quality housing opportunities for all (2) Provide a balanced community with adeuuate economic sectors of the community; commercial, industrial, recreational and open space areas to support the residential areas of the City; meeting City standards are available concurrent with the need created by new development; (4) Balance the housing needs of the region against the public service needs of Carlsbad residents and available fiscal and environmental resources; areas before allowing extensions of public facilities and improvements to areas which have yet to be urbanized; the Carlsbad general plan; facilities and improvements are provided in a phased and logical fashion as required by the general plan; development by tying the pace of development to the provision of public facilities and improvements at the times established by the citywide facilities and improvements plan. determined despite previous City Council actions including but not limited to, amendments to the land use, housing, and parks and recreation elements of the general plan, amendments to City Council Policy No. 17, adoption of traffic impact fees, and modification of park dedication and improvement requirements, that the demand for facilities and improvements has outpaced the supply resulting in shortages in public facilities and improvements, including but not limited to streets, parks, open space, schools, libraries, drainage facilities and general governmental facilities. The City Council has further determine1 that these shortages are detrimental to the public health, safety and welfare of the citizens of Carlsbad. (c) This chapter is adopted to ensure the implementation of the policies stated in subsection (a), to eliminate the shortages identified in subsection (b), to ensure that no development occurs without providing for adequate facilities and improvem.ents, to regulate the pace of development thereby ensuring a continued supply of housing over a period of years and to continue the quality of life for all economic sectors of the Carlsbad community. (d) This chapter will further the policies, goals and objectives established herein by requiring identification of all public facilities and improvements reuuired for development, by prohibiting development until adequate provisions for the public facilities and improvements are made by developers of projects within the City, and by giving development priority to areas of the City where public facilities and improvements are already in place (inf ill areas). 2. (3) Ensure that public facilities and improvement (5) Encourage infill development in urbanized (6) Ensure that all development is consistent wit (7) Prevent growth unless adequate public (8) Control of the timing and location of (b) The City Council of the City of Carlsbad has 1 2 3 4 5 6 7 8 9 10 2.1 12 (e) This chapter replaces the temporary moratorium on processing and approval of development projects imposed by City Council Ordinance No. 9791. 21.90.020 Definitions. (a) Whenever the following terms are used in this chapter they shall have the meaning established by this section unless from the context it is apparent that another rneaning is intended: (1) "Citywide facilities and improvements plan" means a plan prepared and approved according to Section 21.90.09( identifying those facilities and improvements required on a citywide basis to serve the projected population of the City as established by the general plan and providing an outline and budget for financing certain facilities and improvements which will be provided by the City. entitlement or approval whether discretionary or ministerial issued under Title 20 or 21 of this code and any legislative actions such as zone changes, general plan amendments, or master plan approval or amendment. put, building or other alteration of land and construction incident thereto. (4) "Facilities" means any schools, parks, open space, or recreational areas or structures providing for fire, library, or governmental services, identified in a facilities management plan. streets and highways, including curbs, gutters, and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities and lighting facilities. (6) "Local facilities management plan" means a facilities management plan defined by Section 21.90.120 for a local facilities management zone which is established according to Section 21.90.100. (2) "Development permit" means any perm.it, (3) "Development" means any use to which land is ( 5) "Improvement" includes traffic controls, 21.90.030 General prohibition, exceptions. (a) Unless exempted by the provisions of this chapter no application for any building- permit or development permit shall be accepted, processed or approved until a citywide facilities and improvements plan has been adopted and a local facilities management plan for the applicable local facilities management zone has been submitted and approved according to thi chapter . (b) No zone change, general plan amendment, master pla amendment or specific plan amendment which would incease the residential density or development intensity established by the general plan in effect on the effective date of this chapter shall be approved unless an amendment to the citywide facilities management plan and the applicable local facilities management plan has first been approved. 3. 1 2 3 4 9 10 11 (c) The classes of projects or permits listed in this subsection shall be exempt from the provisions of subsection (a), Development permits and building permits for these projects shall be subject to any fees established pursuant to the citywidc facilities and improvement plan and any applicable local facilities management plan. (1) Redevelopment projects. (2) Projects consisting of the construction or alteration of a single dwelling structure for a family on a lot owned by the family intending to occupy the structure, or not to exceed one nonowner-occupied house per individual for one or more lots owned prior to July 20, 1986. (3) Building permits and final maps for projects identified in Section 2(F) of Ordinance No. 9791 (projects for which construction had commenced and were designated on the map marked Exhibit A to Ordinance No. 9791 "as developing"). required development permits were issued or approved on or befort January 21, 1986. If all required development permits were issued for a portion of the project only, the exemption shall apply to that portion. (5) Building permits for projects for which all required development permits were issued or approved before July 20, 1986 and for which building permits could *have been issued under Ordinance No. 9791. If all required development permits were issued for a portion of the project only, the exemption shall apply to that portion. approved development permits or with a complete application on file with the City prior to June 11, 1986 for such permits. New permits for commercial and industrial projects located within an area that has been previously approved for such uses may also be processed and approved. (7) Projects by nonprofit entities for structures and uses for youth recreational, educational or guidance program: such as boys and girls clubs or private schools. necessary to accomplish consistency between the general plan and zoning, to implement the provisions of the Local Coastal Plan or which th.e City Council finds will not increase the public facilities or services and which are initiated by the City Council or Planning Commission. projects without accommodations for permanent employees are exempt from the provisions of this chapter unless the City Council determines they are of sufficient size and scale to impact public facilities. (4) Building permits for projects for which all (6) Commercial and industrial projects with (8) Zone changes or general plan amendments (9) Public utility facilities and improvement (10) Adjustment plats. (11) Development permits for minor subdivisions located in the northwest quadrant of the City as defined in Ordinance No. 9791. Building permits for commercial or industrial construction on lots in such subdivisions may be approved. Residential building permits will not be approved for lots in such subdivisions unless otherwise exempt under this 4. 1 2 3 4 5 6 7 8 9 10 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 chapter except one permit for a nonowner-occupied lot may be approved for each such subdivision. maps and other development permits for projects with a tentative map approved before July 20, 1986 which are not included in the exemptions listed in subsection (c) . approved on or before January 21, 1986 then, after approval of the citywide facilities plan, a final map or parcel map may be processed and approved before the adoption of a local facility management plan. The expiration period for those tentative maps shall be tolled until the citywide plan is adopted. The expiration of any development permits issued in conjunction with those maps shall be tolled until the applicable local facilities management plan is approved or, two years after the date the citywide plan is approved, whichever occurs first. (2) If a tentative map or tentative parcel map wa approved after January 21, 1986 and before July 20, 1986, but th approval of final map or parcel map was prohibited by Ordinance No. 9791 then approval of final maps and parcel maps is prohibited until after preparation of the applicable local facilities management plan. The expiration period of those tentative maps and tentative parcel maps, and any other development permits issued in conjunction with the maps shall be tolled until the local facilities management plan is approved, or two years after date the citywide facilities and improvements plan is approved, whichever occurs first . (e) The exemption for projects listed in subsection (c (3), (4), (5), and (6) shall expire on July 20, 1988. After tha date all development permits for those projects shall be fully subject to the provisions of this chapter. The exemptions for projects listed in subsection (c) (31, (4), (51, and (6) shall apply only so long as the facilities and improvements required a a condition to the issuance of final development permits have been installed or are being installed pursuant to a secured agreement. Any breach of such secured improvement agreement shall subject any remaining building permits for the project to the provisions of subsection (a). subsection (c) (3), (4), (5), (6) and (7) which comply with all the requirements of the Subdivision Map Act and Title 20 of this Code which were filed with the City before July 20, 1986 may be approved by the City Council, or City Engineer as appropriate, after July 20, 1986. Upon approval, those projects shall be subject to the exemption of subsection (c). (9) The City Council may authorize the processing of and decision making on building permits and development permits for a project with a master plan approved before July 20, 1986 subject to the following restrictions: improvements required by the master plan are sufficient to meet the needs created by the project and that the master plan developer has agreed to install those facilities and improvement to the satisfaction of the City Council. (d) The provisions of this subsection apply to final (1) If a tentative map or tentative parcel map wa: (f) Final or parcel maps for projects listed in (1) The City Council finds that the facilities ar 5. 1 2 3 4 5 6 7 e 9 IC 11 12 1s 2c 21 22 2; 24 25 26 27 28 (2) The master plan developer shall agree in writing that all facilities and improvement requirements, including but not limited to the payment of fees established by the citywide facilities and management plan and the applicable local facilities management plan shall be applicable to development within the master plan area and that the master plan developer shall comply with those plans. park and all uses within the park comprise an integral part of the educational facility, portion of Phase I of the project may be approved provided the applicant has provided written evidence that an educational entity will occupy Phase I of the project which the City Council finds is satisfactory and consistent with the goals and intent o the approved master plan. Phase I the master plan developer shall have agreed to participate in the restoration of a significant lagoon and wetland resource area and made any dedications of property necessary to accomplish the restoration. (h) After making the findings in paragraph 1 the City Council may authorize the processing of and decision making on master plans subject to the reguirements of paragraph 2. After the grant of the easement required by subparagraph (h)(iv) the tentative map for Phase I of the project, the site plan for the commercial development and the local coastal plan amendment may also be processed and approved. If such approvals are granted and, subject to all other provisions of this code, grading and building permits for construction of the golf course and first phase of the commercial portions of the project may be processed and approved . The processing and approval of all other developments and building permits within the master plan shall not occur unti after the citywide facilities plan and the local facilities management plan have been adopted by the City Council . (l)(i) That the master plan will provide all necessary public facilities for the project and will cure any facilities deficits in the area affected by the project. preparation of the citywide facilities plan and will improve the level of public facilities and services in the area. (iii) That by the dedication of land and the construction of public improvements the project will make a significant contribution to the public facilities needs of the city and provide for the preservation or enhancement of significant environmental resources. (2)(i) The master plan shall include all of the information required by and implementing the provisions of Sections 21.90.090 and 21.90.110 for the area covered by the master plan. facilities and improvement requirements, including but not limited to the payment of fees established by the citywide (3) The master plan establishes an educational (4) Building permits for the 129 unit residential (5) Prior to the approval of the final map for (ii) That the approval will not prejudice the (ii) The applicant shall agree in writing that a1 6. b t I€ 0 1s 2c 21 22 23 24 25 26 27 28 facilities and improvement plan and the applicable local facilities management plan shall be applicable to development within the master plan area and that the master plan developer shall com.ply with those requirements. participate in the restoration of a significant lagoon and wetland resource area. the applicant shall grant an easement over the property necessarq for the lagoon restoration and the right-of-way necessary for the widening of La Costa Avenue and its intersection with El Camino Real. (iii) The master plan applicant shall agree to (iv) Prior to any processing on the master plan 21.90.031 Tolling of time for consideration of applications submitted before the effective date of this chapter . After approval of the citywide facilities and improvement plan and the applicable local facilities management plan applications for development permits which were accepted as complete before the effective date of this chapter shall have processing priority in relationship to the acceptance date. Until the approval of the plans all applicable time limits for processing the development permits shall be tolled. 21.90.032 Tolling of expiration of previously issued development permits. If a discretionary development permit, other than a development permit issued in conjunction- with a subdivision map, issued prior to July 20, 1986 has an expiration period within which building permits must be issued and the issuance of building permits for the project is prohibited by this chapter then the expiration period shall be tolled until the applicable local facilities management plan is approved, or two years after the date the citywide plan is approved, whichever occurs first. 21.90.033 Extensions of prior approvals prohibited. After approval of an applicable local facilities management plan an extension of the expiration date of any development permit shall not be granted unless the extension is found to be consistent with the plan. The decision making body considering an extension may condition the extension upon compliance with the citywide plan and applicable local facilities management plan. 21.90.040 Compliance with this chapter. (a) No development permit shall be approved unless the approving authority finds that the permit is consistent with the citywide facilities and improvements plan and the applicable local facilities management plan. To ensure consistency the approving authority nay impose any condition to the approval necessary to implement the plans. (b) No building permit shall be issued unless the fees required by this chapter, and any applicable local facilities management plan fees are first paid, and the permit is consisten 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with the applicable local facilities management plan. As a condition to the issuance of any building permit pursuant to Section 21.90.030(c) the applicant shall agree to pay the appropriate fees within 30 days of the date each fee is established. (c) The requirements of this chapter are imposed as a condition of zoning on the property to ensure implementation of and consistency with the general plan and to protect the public health, safety and welfare by ensuring that public facilities anc improvements will be installed to serve new development prior to or concurrently with need. 21.90.050 Establishment of local facilities management fee. (a) A local facilities management fee is hereby established to pay for improvements or facilities identified in local facilities management plan which are related to new development within the zone and are not otherwise financed by an other fee, charge or tax on development, or are not installed by a developer as a condition of a building permit or development permit. The fee may also be used to pay for that portion of the facilities or improvements identified in the citywide facilities and improvements plan attributed to development within the local zone which are not financed by other means. The facilities management fee shall be paid before the issuance of a building permit. The amount of the fee shall be determined based upon th estimated cost of the facility or improvement designated as necessary to accommodate additional development within the applicable local facilities management zone plus the estimated cost of facilities and improvements identified in the citywide facilities and improvement plan attributable to the local zone. The fee shall be fairly apportioned among the new development. any other means of financing facilities or improvements identified by a local facilities management plan or any other tax, fee, charge or improvement requirement which may be imposed on the development of property under the provisions of state law this code or City Council policy. management zone shall be set by City Council resolution after a public hearing, published notice of which shall be given according to Carlsbad Municipal Code Section 21.54.060(2) and Government Code Section 54992. permit application submitted after the effective date of this chapter the applicant shall agree to pay the fee established by this section at the time a building permit is issued. at the time of issuance of a building permit. - (b) The fee required by this section is in addition to (c) The amount of the fee for a local facilities (d) As a condition of any building or development (e) The fee established by this section shall be levie 21.90.060 Special provisions for buildinq permits issued during temporary moratorium. (a) Applicants for projects for which building permits were issued after January 21, 1986 and before July 20, 1986 shal 8. 1 2 3 4 5 6 7 a 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 pay the fee established by Section 21.90.050 within 30 days aftei the amount of the fee is determined by the City Council. Paymenl shall be made according to the agreement executed by the applicant pursuant to Section 3 of Ordinance No. 9791. necessary for the fees imposed by Sections 21.90.050 and 21.90.060. the fee established and imposed by Sections 21.90.050 and 21.90.060 and installation of the facilities and improvements identified in a facilities management plan are necessary to achieve the policies established in Section 21.90.010 and to implement the City's general plan. If the fees are not paid or the facilities or improvements are not installed the public health, safety and welfare will suffer because there will be insufficient facilities and improvements to accommodate any new development. This finding is based upon City Council Policy No. 17, City Council Ordinance No. 9791, and the evidence presented at the public hearings on the ordinance adopting this chapter. development permit or building permit pursuant to this chapter i protested then the permit shall be suspended during the period o the protest. (c) This section is adopted pursuant to Government Cod( Section 65913.5. 21.90.070 Finding of health, safety and welfare (a) The City Council hereby declares that payment of (b) If any condition imposed as a conditon of a 21.90.080 Performance standard. The City Council shall adopt general performance standards for each facility or improvement listed in Section 21.90.090(b) or 21.90.110(c). Specific performance standards fo citywide facilities shall be adopted as part of the citywide facilities and improvement plan. Specific performance standards for each zone shall be adopted as part of the local facilities management plan. If at any time after preparation of a local facilities management plan the performance standards established by a plan are not met then no development permits or building permits shall be issued within the local zone until the performance standard is met or arrangements satisfactory to the City Council guaranteeing the facilities and improvements have been made. 21.90.090 City wide facilities and improvements plan. (a) To impleruent the City's general plan by securing provision of facilities and improvements, and to ensure that development does not occur unless facilities and improvements ar available the City Council shall adopt by resolution a citywide facilities and improvements plan. The plan shall: Identify all facilities and improvements necessary to accommodate the land uses specified in the general plan and by the zoning; specify size, capacity and service level performance standards for the identified facilities and improvements; establish specific time tables for acquisition, installation and operation of the facilities and improvements correlated to projected population 9. 1 2 3 4 5 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 growth, facility and improvement performance standards, and projected nonresidential development; identify the financing method or methods for each facility and improvement; and establish a facility and improvement budget for those facilities or improvements which will be constructed or financed by the City. The plan shall encourage infill development and reduce the growth inducing impact of premature extension of facilities or improvements to undeveloped areas by establishing priorities for facility and improvement installation or financing. (b) The citywide facilities and improvement plan shall show how and when the following facilities and improvements will be installed or financed as specified in subsection (c). treatment plants; (1) Major sewage transmission systems and sewage (2) Major water transmission lines; (3) Major area wide drainage facilities; (4) Prime and Major arterials; freeway (5) Fire facilities; (6) Governmental administration facilities; (7) Parks and other recreational facilities; (8) Libraries. interchanges, bridges or overcrossings; (c) The plan shall include the following information with regard to each facility and improvement listed in subsectior (b): requirements for each facility and improvement based upon the performance standard established for each facility and improvement. Cost estimates shall be included. The inventory shall be consistent with the general plan and zoning for the area. installation or provisions of facilities or improvements in relationship to the amount of development activity (e.g. number of dwelling units, number of square feet of commercial space within the service area of the facility or improvement) and the facility and improvement performance standards. (3) A financing plan establishing various methods of funding the facilities and improvements identified in the plan. The plan shall identify those facilities and improvements which would otherwise be provided as a requirement of processing a development project (i.e. requirements imposed as a condition of a development permit) or provided by the developer in order tc establish consistency with the general plan or Titles 18, 20 or 21 of this Code, and those facilities and improvements for which new funding methods which shall be sufficient to ensure sufficient funds are available to construct or provide facilitie: or improvements when required by the phasing schedule. (d) The City Manager shall prepare and present the pla, to the City Council not later than one year from the effective date of this ordinance. (1) An inventory of present and future (2) A phasing schedule establishing the timing foi 10. (e) Amendments to this citywide facilities and improvements plan shall be initiated by action of the Planning Commission or City Council. 21.90.100 Local facilities management zones. (a) The City Council shall divide the City into (b) The boundaries of the zones shall be established facilities management zones. based upon logical facilities and improvements planning, construction and service relationships to ensure the economical1 efficient and timely installation of required facilities and improvements. In establishing zone boundaries the City Council shall also be guided by the following considerations: in place or available; (1) Service areas or drainage basins; (2) Extent to which facilities or improvements arl (3) Ownership of property; (4) Boundaries of existing zoning master plans: (5) Boundaries of pending zoning master plans; (6) Boundaries of potential future zoning master (7) Boundaries of approved tentative maps; (8) Public facilities relationships, especially plan areas; the relationship to the City's planned major circulation network; (9) Special district service territories; (10) Approved fire, drainage, sewer, or other (c) The zones shall be established by resolution after facilities or improvement master plans. a public hearing notice of which is given pursuant to Section 21.54.060(2) of this code. 21.90.110 Contents of local facility management plans. (a) A local facilities management plan shall be prepared for each facility zone and shall cover the entire zone. (b) The plan shall consist of maps, graphs, tables, ant narrative text and shall be based upon the general plan and zoning applicable within the local zone at the time of plan approval. The local facilities management plan shall be consistent with the citywide facilities and improvements plan an1 shall implement the citywide facilities and improvements plan within the zone. when the following facilities and improvements necessary to accommodate development within the zone will be installed or financed as specified in subsection (d). (c) The facilities management plan shall show how and (1) Sewer systems (2) Water (3) Drainage (4) Circulation (5) Fire facilities (6) Schools (7) Parks and other recreational facilities (8) Open space 11. 13 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) The plan shall be consistent with and implement the citywide facilities management plan and general plan and shall include the following information with regard to each facility and improvement listed in subsection (c): requirements for each facility and improvement based upon the performance standard established for each facility. Because improvement requirements for certain facilities and improvements may overlap zone boundaries a discussion of the need for coordination and a proposed coordination plan for facilities extending from one zone to another shall be included. Cost estimates shall be included. It must be shown that development in the zone will not reduce the facilities or improvements capabilities or create facilities or improvements shortages in other zones or reduce service capability in any zone below the performance standard which is established pursuant to Section 21.90.080. The growth inducing impact of the out of zone improvements shall be assessed . installation or provisions of facilities or improvements in relationship to the amount of development activity (e.g. number of dwelling units, number of square feet of commercial space, etc.) for the facilities management zone. The phasing schedule shall ensure that development of one area of the zone will not utilize more than the area's prorata share of facility or improvement capacity within that zone unless sufficient capacity is ensured for other areas of the zone at the time of the first development. The phasing schedule shall include a schedule of development within the zone and a market data and cash flow analysis for financing of facilities and improvements for the zone. The phasing schedule shall identify periods where the demand for facilities and improvements may exceed the capacity and provide a plan for eliminating the shortfall. In those situations when demand exceeds capacity and it is not feasible tc increase the capacity prior to development, no development shall occur unless a time schedule for and a means of increasing the capacity is established in the plan. (3) A financing plan establishing various methods of funding the facilities and improvements identified in the plai fairly allocating the cost to the various properties within the zone. The plan shall identify those facilities and improvements which would otherwise be provided as a requirement of processing a development project (i.e. requirements imposed as a condition of a development permit) or provided by the developer in order tc establish consistency with the general plan or Titles 18, 20 or 21 of this Code, and those facilities and improvements for which new funding methods which shall be sufficient to ensure sufficient funds are available to construct or provide facilities or improvements when required by the phasing schedule Where facilities or improvements are required for more than one zone, the phasing plan shall identify those other zones and the plan for each zone shall be coordinated. Coordination, however, shall not require identical funding methods. (1) An inventory of present and future (2) A phasing schedule establishing the timing for 12. '. 1 2 3 4 5 6 7 a 9 1.0 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 (4) A list or schedule of facilities requirements correlated to individual development projects within the zone . establish the proportionate share of the cost of facilities and improvements identified in the citywide facilities and improvement plan attributable to development of property on the local facilities management zone. (e) The local facilities management plan shall 21.90.120 Local facilities management plan (a) A local facilities management plan may be prepared preparation. by the City or by the property owners within the zone according to the procedures established by this section. (b) The City Council, upon its own initiative, may by resolution direct the City Manager to prepare a facilities management plan for any zone. The City Council may assess the cost of preparing the plan to the owners within the zone after a hearing ten days written notice of which is given to the propert; owners within the zone. The cost shall be spread prorata according to acreage and development potential . (c) All owners within the zone may jointly submit a facilities management plan. (d) For zones in which joint submission of a facilitie management plan is shown to be not feasible any owner or group o cooperating owners within the zone may petition the City Council to allow the owner or group of owners to prepare the plan. Afte a meeting for which ten days prior written notice has been given to the property owners within the zone, the City Council may permit the owner or group of owners to prepare and submit the plan. A limit based on the estimated cost of the plan shall be determined at the time of the hearing. The actual cost shall be determined when the plan is adopted and shall be assessed prorat based on acreage and development potential to property within th facilities management zone. The assessment shall be collected b the City at the time any application for a development project within the zone is submitted. The owner or owners who prepared the plan shall be reimbursed for the cost of the plan less the owner's or owners' prorata share. No reimbursement shall be mad unless the plan is approved. Cost of preparation shall not include interest. of owners as provided in subsection (d) the City Council may decide to direct the City Manager to prepare the facilities management plan. The cost of preparation shall be advanced to the City by the requesting owner or owners, assessed to all the owners and reimbursed as provided in subsection (d). (e) As an option to preparation by the owner or group 21.90.125 Facilities management plan processing. (a) Facilities management plans shall be reviewed according to the following procedure: complying with this chapter, and accompanied by a processing fee in an amount established by City Council resolution, may be submitted to the Planning Director for processing. If the (1) A completed facilities management plan 13. 1 2 3 4 5 6 7 8 9 10 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 Planning Director determines that the plan complies with the provisions of Section 21.90.110 the director shall set a facilities management plan for public hearing before the Planning Commission within sixty days of receipt of a complete application. provisions of Section 21.54.060(2) . A staff report containing recommendation on the plan shall be prepared and furnished to the public, the applicant, and the Planning Commission prior to the hearing . consider the application for a facilities management plan and shall by resolution prepare recommendations and findings for the City Council. The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the owners within the facility zone. (4) When the Planning Commission action is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed according to the provisions of Section 21.54.060(2). (5) The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally approve or deny i facilities management plan. The City Council may include in the resolution adopting the facilities management plan any fees or facilities improvement requirements which it deems necessary to impose on development projects within the zone in order to implement the citywide facilities and improvement plan and the local facilities management plan. following the same procedures for the original adoption. considered a project for the purposes of Title 19 of this Code. Environmental documents should be processed concurrently with the plan. (2) The hearing shall be noticed according to the (3) The Planning Commission shall hear and (b) A facilities management plan may be amended (c) A local facilities management plan shall be 21.90.130 Implementation of facilities and improvement: requirements. la) To ensure that the provisions of this chapter and the general plan are met the following shall apply: (1) Except as otherwise provided in this chapter nc development permit shall be approved unless the map or permit is consistent with the local facilities management plan and unless provision for all facilities and improvements related to the development project are provided or funded. applicable fees, including but not limited to, public facilities fees, bridge and thoroughfare fees, traffic impact fees, facilities management fees, school fees, park-in-lieu fees, sewe fees, water fees, or other development fees identified in the citywide facilities and improvements plan and local facilities management plan and adopted by the City Council have first been paid or provision for their payment has been made to the satisfaction of the City Council. (2) No building permit shall be issued unless all 14. . 1 2 3 4 5 6 7 8 9 10 11 12 0 (b) The citywide facilities and improvement plan and the local facility management plan process is part of the City's ongoing planning effort. It is anticipated that amendments to the plans may be necessary. Adoption of a facilities management plan does not establish any entitlement or right to any particular general plan or zoning designation or any particular development proposal. The citywide facilities and improvements plan and the local facilities management plans are guides to ensure that no development occurs unless adequate facilities or improvements will be available to meet demands created by development. The City Council may initiate an amendment to any of the plans at any time if in its discretion it determines that an amendment is necessary to ensure adequate facilities and improvements. the City Manager that facilities or improvements within a facilities management zone or zones are inadequate to accommodate any further development within that zone or that the performance standards adopted pursuant to Section 21.90.100 are not being me1 he shall immediately report the deficiency to the Council. If the Council determines that a deficiency exists then no further building or development permits shall be issued within the affected zone or zones and development shall cease until an amendment to the citywide facilities and improvements plan or applicable local facilities management plan which addresses the deficiency is approved by the City Council and the performance standard is met. activity for each local facilities management zone and shall prepare an annual report to the City Council consisting of maps, graphs, charts, tables and text and which includes a developmental activity analysis, a facilities and improvements adequacy analysis, a facility revenue/expenditure analysis and recommendation for any amendments to the facilities management plan. The content of the annual report shall be established by the City Council. facilities and improvements plan at the time it considers the City's capital improvement budget. 21.90.140 Obliqation to pay fees or install improvements required by any other law. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any public improvement requirement, dedication requirement or fee requirement which is imposed pursuant to Titles 13, 18, 20 or 21 of this code or pursuant to any City Council policy. (c) If at any time it appears to the satisfaction of (d) The Planning Director shall monitor the developmeni (e) The City Council shall annually review the citywidc 21.90.150 Implementing guidelines. The City Council may adopt any guidelines it deems necessary to implement this chapter. 21.90.160 Exclusions. (a) Development proposals which consist of facilities, 15. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. This exclusion shall not apply to development proposals to which a possessory interest tax woulc be applicable . accepted before August 6, 1985 may be approved without complying with the plans adopted pursuant to this Chapter but any other development permits or building permits for the project shall be subject to the requirements of the plans. The tentative map shall be subject to Section 21.90.030. (b) Tentative maps the application for which was 21.90.170 Council actions, fees, notice. la) Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by a resolution. processing fees for the submission and processing of facilities management plans and for any other request made under Section 21.90.100, 21.90.120 or 21.90.140. (c) Whenever written notice is required to be given to property owners under this section the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. (b) The City Council shall establish application and 21.90.180 Expiration of chapter. This chapter shall expire on June 30, 2001 unless it is extended or reenacted on or before that date. 21.90.190 Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council declares that it would have passed the ordinance codified in thi: chapter and each sect ion, subsect ion, sentence, clause and phrast thereof, irrespective of the fact that any part thereof be declared invalid or unconstitutional. SECTION 2: The City Council makes the following findings: 1. Since January 1985, the City of Carlsbad has been undertaking a comprehensive review of the Land Use Element of it: General Plan. As part of that review a Council appointed Citizens Committee prepared a comprehensive report and recommendation to the City Council. That report was subject to public hearings by both the Planning Commission and City Council Included in the recommendations of the Citizens Committee were recommendations that no new development should occur unless 16. adequate public facilities are available concurrently with need to serve the new development. 2. On August 6, 1985, the City Council adopted Interim Ordinance No. 9766, imposing certain temporary land use controls on property within the City, consistent with the recommendation of the Citizens Committee. On September 3, 1985, the City Council adopted Interim Ordinance No. 9771 which extended the restrictions of Ordinance No. 9766 until July 20, 1986. On December 10, 1985, the City Council approved in concept several land use proposals not contained in the Citizens Committee report. On January 21, 1986 the City Council adopted Urgency Ordinance No. 9791 imposing a temporary moratorium on developmen approvals based on the findings contained in that ordinance. On April 22, 1986 the City Council revised City Council Policy No. 17, based on the findings contained therein, On May 6, 1986 the City Council adopted Ordinance No. 8107 establishing a traffic impact fee for the La Costa Area of the City. The City Council finds that all of these actions plus the adoption of Chapter 21.90 of the Carlsbad Municipal Code are necessary to ensure adequate public facilities are available to serve any new development in the City. Without Chapter 21.90 and the requirements imposed by it, adequate public facilities may not b available to serve new development or building , Development or building without public facilities is contrary to the City General Plan and would be dangerous to the public health and safety. 3. This action of the City Council is consistent with long standing policies and objectives of the City to ensure adequate public facilities within Carlsbad. This action will protect the public health, safety and welfare of the citizens of Carlsbad by ensuring safe streets, adequate water, sewer and drainage facilities, sufficient fire protection and recreation f ac i 1 it ies . 4. This action is consistent with the City's policy to provide housing opportunities for all economic sectors of the community, because sufficient opportunities for new housing continue to exist within the City and Chapter 21.90 does not affect the number of houses which may be built. In addition, development of housing for low and moderate income persons and families would most likely occur in areas of the City which are designated for highest development priority. By encouraging development of infill areas first, where the infrastructure is already existing, the cost of housing may be reduced. 5. Because any new development affects public facility availability it is necessary to impose the fees and charges whic will be used to provide public facilities on any new building in the City. The Council finds that failure to impose the fees and charges on any new building in the City will adversely affect th public health and safety by reducing the safety of its City's streets, increasing the burden on water, sewer, drainage and fir 17. facilities, and by overcrowding existing schools, parks and recreational facilities. 6. Adoption of Chapter 21.90 will not adversely affect the regional welfare. By ensuring that adequate and safe public facilities and improvements will exist to serve all of the development in Carlsbad and because many of these facilities and improvements are used by persons residing in neighboring areas and cities the safety and welfare of the whole region is enhanced. SECTION 3: The City Council intends to implement the growth management program contained in Chapter 21.90 by followinc the work program in Exhibit A which is hereby made a part of thi: ordinance. The City Council may adjust the work program without amending this ordinance as they determine necessary to accomplis1 effective growth management for the City of Carlsbad. 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 a' least once in the Carlsbad Journal within fifteen days after its adoption. The fees created by Section 21.90.050 of this ordinance shall be effective as to building permits for single 0: multifamily residential projects 60 days after the adoption of this ordinance . INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 24th day of June 1986 and thereafter 18. PASSED AND ADOPTED at a regular meeting of said City Council held on the 1st day of July , 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None APPROVED AS TO FQN4 AIj(D LEGALITY ATTEST: A. K- ALETHA L. RAUTENKRANZ, City C1B;rk 19. . Exhibit "A" CARLSBAD CITP COUNCIL GROWTH MANAGEMENT PLAN 'Managing a Responsible and Progressive Carlsbad Putare, WORK PLAE I. Citywide Facilities and Improvement Plan A. Growth Control Mapping and Planning Systems 1. 2. 3. 4. The General Plan will be utilized as the overall base map with a maximum residential utilization i.e. mean density. A citywide map will show all current and future public facilities and improvements. Each public facility and improvement will also be shown separately on a citywide map, A citywide environmental constraints and open space map will be prepared. These maps will also be broken down into quadrants to show greater area detail. B. Management Performance Standards 1 , Establish overall performance or adequacy standards for each public facility and improvement. 2. Establish thresholds for each public facility and improvement. C. Citywide Financing Options 1. Financing options will be identified for each facility and improvement. 2. Budgeting for citywide public facility and improvement will be in conjunction with the City's five year capital improvement budget. D, citywide Plan 1. A Citywide Facilities and Improvements Plan will be prepared using growth control maps, performance standards and financing options. -1- E. Development of Local Facility Management and Planning zones. 1. The City shall be divided into 25 specific zones. 2. The size of each zone shall depend upon major circulation roads, lagoons, property ownership boundaries, and other identifiable characteristics. 3. The purpose of zones: a. Requires landowners to work together in order to present development plans in accordance with the City's Growth Management Program. b. Requires landowners to provide development plans which adhere to the citywide facilities plan and to relate development to adjacent zones. c. Zones allow for greater citizen review prior to development approval. 4, Each zone will have a maximum residential utilization i.e. mean density. Specific densities for individual development plans within the zone, however, will be controlled through the normal planning process. 5. Each zone must conform to the General Plan and the Growth Management Ordinance. 11. Facility Management Zone Processing A. Landowners submit local facilities management plans for processing concurrently with normal environmental analysis. B. Local facilities management plans shall conform to all standards of the Growth Control Mapping and Planning systems and other existing City standards. C. The local plan shall provide a detailed financing plan to assure adequate funding of all citywide facilities and improvements identified in the citywide plan, The local plan shall also provide a detailed financial plan for all public facilities and improvements located within the local facilities management zone. All development within the local facilities management zone will be phased in accordance with the facility and improvement performance standards. D, A public hearing on the local facilities management plan and environmental analysis will be held concurrently. Notice to all landowners within the zone as well as surrounding adjacent zone landowners. -2- E. After the public hearing is completed on the local facilities management zone and environmental analysis, then the specific development plans will be processed in the normal method. F. Each local facilities management plan will be reviewed annually by the City to ensure that all performance standards are being met. If they are not, development will be stopped. -3-