HomeMy WebLinkAbout1995-02-14; City Council; NS-302; CMC 21.70 amends - Development agmts ZCA & Planning Director refs...I 1 0 e
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ORDINANCE NO. NS-302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, mNDING TITLE 21, CHAPTER 21.70 OF THI CARLSBAD MUNICIPAL CODE TO MAKE THE CHAPTER APPLICABLE Tc
ANY PROJECT FOR WHICH A DEVELOPMENT AGREEMENT I:
PROPOSED; TO CHANGE ALL REFERENCES TO LAND USE PLANNINc
MANAGER TO PLANNING DIRECTOR; AND TO ADD ADDITIONA:
REQUIREMENTS FOR DEVELOPMENT AGREEMENTS.
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMEN' CASE NO: ZCA 94-O1/LCPA 94-01
The City Council of the City of ~ Carlsbad
California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.70 of thl
Carlsbad Municipal Code is amended by the amendment of Sectio:
21.70.005 to read as follows:
1121.70.005 Authority for Adoption - Applicabilitv. This chapter is adopted under the authority of Governmen Code Sections 65864 - 65869.5. This chapter shall bc applicable to any project for which an applicant request: consideration of a development agreement."
SECTION 2 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.010 to read as follows:
1121.70.010 Florms and Information.
(a) Except as otherwise provided in this chapter, planning director shall prescribe the form for each applicati notice and document provided or required under this chapter the preparation and implementation of development agreements (b) The Planning Director may require an applicant submit such information and supporting data as the planr director considers necessary to process the application.I1
SECTION 3 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.020 to read as follows:
1121.70.020 Fees and Reimbursements.
(a) A fee established by city council resolution shall paid by the applicant at the time of filing the application.
(b) Nothing in this chapter shall relieve the applic
from the obligation to pay any other fee for a city approv
permit or entitlement required by this code.
City's costs in negotiating, preparing and processing
(c) The city may require the applicant to agree to pay
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Development Agreement, including the fees and expenses of spec counsel and any other consultants engaged by the City connection with the Development Agreement.
SECTION 4 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.030 to read as follows:
v121.70.030 Oualification as an Applicant.
Only a qualified applicant may file an application to er
into a development agreement. A qualified applicant is a per who has legal or equitable interest in the real property whicl the subject of the development agreement. Applicant inclt authorized agent. The Planning Director shall require applicant to submit proof of his interest in the real prop€ and of the authority of the agent to act for the applica
Before processing the application the Planning Director sk: obtain the opinion of the City Attorney as to the sufficiencl
the applicant's interest in the real property to enter into
agreement. I'
SECTION 5 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.040 to read as follows:
1121.70.040 Proposed Form of Asreement.
Each application shall be accompanied by the form
development agreement proposed by the applicant unless the C
Manager, in consultation with the Planning Director and C
Attorney, determi:nes to provide the applicant with the form c
development agreement. The City Council may adopt by resolut
a standard form of development agreement. The applicant
choose to use the standard form and include specific propos
for changes in or additions to the language of the standard fc
The proposed agreement shall contain all the elements requirec
Government Code Section 65865.2 and may include any ot
provisions permitted by law, including requirements that
applicant provide sufficient security approved by the c
attorney to ensure provision of public facilities.I1
SECTION 6 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.050 to read as follows:
1121.70.050 Review of Application.
(a) The Planning Director shall review the application
may reject it if it is incomplete or inaccurate for processi
If he finds that the application is complete he shall accept
for filing.
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(b) The Planning Director shall review the application proposed agreement and shall prepare a report and recommendat to the Planning Commission on the agreement. (c) The Planning Director shall forward a copy of 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 analys for projects purporting to provide economic benefits to the Ci to the Finance Director for review. The Finance Director sh prepare a report and recommendation to the planning commissior;
the agreement and fiscal impact analysis."
SECTION 7 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.060 to read as follows:
1121.70.060 Transmittal to Plannins Commission. The planning director shall transmit the application to Planning Commission for a public hearing when all the necess reports and recommendations are completed. Notice of the pub hearing shall be given as provided in this chapter. application for a development agreement may be conside concurrently with other discretionary permits for the projecl
SECTION 8 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.080, Subsection (b) (7) to read as follows:
"21.70.080 (b) (7).
Where applicable, ensures provision of public facilities
a manner consistent with the general plan;"
SECTION 9 : That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the addition of Sect
21.70.080, Subsection (b) (9) to read as follows:
"21.70.080 (b) (9). Will result in the provision of economic, environment recreational, cultural, or social benefits to the City wh would not be attainable without approval of the agreement.:'
SECTION 10: That Title 21, Chapter 21.70, of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.090 to read as follows:
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8v21.70.090 Approval of Development Asreements. If the city council approves the development agreement,
shall adopt an ordinance approving the agreement and direct
the Mayor to execute the agreement after the effective date
the ordinance on behalf of the City. Before execution, e agreement shall be approved as to form by the City Attorney. For projects located within the coastal zone the developm agreement shall not become effective until a Local Coas
Program Amendment or Coastal Development Permit, whichever
applicable, has been granted by the California Coastal Commiss or its successor in interest."
SECTION 11: That Title 21, Chapter 21.70, of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.100 to read as follows:
"21.70.100
(a) Notice of public hearing required by this chapter sh
be given by both methods provided in Section 21.54.060 of t code. (b) The notice requirement referred to in subsection (a) declaratory of existing law (Government Code Sections 658
65090, and 65091). If state law prescribes a different not requirement, notice shall be given in that manner.
e (c) The failure of any person to receive notice required law or these regulations does not affect the authority of
City to enter into a development agreement.
SECTION 12: That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.140, Subsection (b) to read as follows:
"21.70.140 (b) e The time for review may be shortened either by agreerr 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.Il
SECTION 13: That Title 21, Chapter 21.70 of
Carlsbad Municipal Code is amended by the amendment of Sect
21.70.140, Subsection (c) to read as follows:
tt21.70.140 (c). The Planning Director shall begin the review proceeding
giving written notice that the city council intends to undert
a periodic review of the development agreement to the prope
owner. He shall give the notice at least ten days in advance the time at which the matter will be considered by the Counci
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1 EFFECTIVE DATE: This ordinance shall be effect:
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least once in a newspaper of general circulation in the City 4
the adoption of this ordinance and cause it to be published 3
thirty days after its adoption: and the city clerk shall cert.
thereafter 8
Carlsbad City Council on the 7th day of FEBRUARY I 1995, 7
INTRODUCED AND FIRST READ at a regular meeting of ' 6
Carlsbad within fifteen days after its adoption.
9 PASSED AND ADOPTED at a regular meeting of the C:
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1995 by the following vote, to wit: 11
Council of the City of Carlsbad on the 14th day of FEBRUARY
12 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
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NOES: None
ABSENT : None
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APPROVED AS TO FORM AND LEGALITY
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ATTEST:
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28 (seal)
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