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HomeMy WebLinkAbout1995-02-14; City Council; NS-302; CMC 21.70 amends - Development agmts ZCA & Planning Director refs...I 1 0 e 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 I 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 I 0 0 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 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. ll 2 0 0 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 (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: ... 3 0 0 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 I 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 // 4 0 * 1 EFFECTIVE DATE: This ordinance shall be effect: 2 5 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: 10 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 13 14 NOES: None ABSENT : None 15 16 17 18 APPROVED AS TO FORM AND LEGALITY 20 19 21 22 23 24 25 ATTEST: 26 27 28 (seal) I1 5