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HomeMy WebLinkAbout1973-12-17; City Council; 2252; Proposed Amendment Regarding Public FacilitiesTHEjQlTY OF CARLSBAD, CALIFOfQA Agenda Bill Mo, AZf^' . . • Date Referred .To: CITY COUNCIL * 4 * - Subject: ~ ^ Submitted By: .• . ' PROPOSED GENERAL PLAN AMENDMENT -REGARDING ' PLANNING COMMISSION ( PUBLIC FACILITIES. . " Statement of the Matter - • . • The attached Amendment to the Carlsbad General Plan is offered for consideration by the City Council . Said Amendment was adopted by the Planning Commtsston at their- meeting of December 11, 1973. • Exh i b ? t 1. Memo to planntng Oommtssfon re. Amendment to G.plan relating to Public Facilities 2. Resolution of "Intention No. 96 3. PlanningXomrni^sston Resolution No. 1017. 4. City Council Resolution No. Staff Recommendat ions Staff recommends adoption of attached Amendment, per justtftcatton,'stated in Resolution 1017 attached. ' " • AB I/o. V- City Manager's- ^Council'Action • • ' ~ •. •12-17-73. . Following the public hear"in.g" and-Cou*ncil di.scussi on, the ' matter was tabled-, ' - " •• 2 — November 95 1973- TO: • PLANNING COMMISSION . ' FROM: PLANNING DIRECTOR . • • ' SUBJECT: AMENDMENT OF GENERAL PLAN RELATING TO PUBLIC FACILITIES The -City Council has recently passed a policy which requires that all public facilities including schools, be provided concurrent with need. In .essence, City Council Policy Mo. 17 requires "that any applicant for" zoning, rezoning, development or redevelopment, present evidence satisfactory to the City Council that all the required Public Facilities, including schools, will in fact be provided concurrent with the need." (Council Policy is attached) In an effort to include the policy or a future policy in the City's Planning process, the Staff is of the opinion a Public Facilities Section should be added to our existing General Plan. The amendment would be placed in the Implementation Section of the General Plan. Between "Ordinances and Specific Plans", and"Capitol Improvement .Programming" the following paragraph is recommended: Subdivision and Zoning Controls to Insure Adequacy of Public Facilities " A substantial impact will be created on existing public facilities including schools, as new subdivisions are developed in the now un- developed portion's of the Carlsbad Planning Area. In addition, such developments will create the need for many new public facilities. The subdivision approvals and zone changes necessary to such developments must be accomplished in accord with the General Plan. It is a basic element of the plan that areas planned for residential use will not be put to such a use nor zone changes for subdivision approvals considered until the City can be assured that all necessary public facilities fo.r the area to be developed can and will be available concurrent w'ith need. The quality of the subdivision and zoning ordinances and the manner of their administration will greatly affect the character of the future city. In order to implement this General Plan, it will be necessary to carefully administer the'subdivision and zcn-ing processes to insure that all necessary public services are made available concurrent with need. • . The public facility reouirem.ents in newly developed areas must .be satisfied in accordance with standards and criteria for necessary and desirable- levels of service adopted by the local agency responsible 'for providing -such service. The requirement for establishing the fact of the existence of adequate public facilities and services must be satisfied prior to any discretionary actions by the City of Carlsbad, including, -but not limited to, the enactment and amendment of the zoning ordinance, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps. - . . • In addition, said requirements must also be satisfactory prior to non-discretionary or ministerial actions of the City of Carlsbad, including, but not limited to, the issuance of building permits and the issuance of grading permits in those cases where the proposed development constitutes a significant impact on the services to be provided by the City of Carlsbad, the School District, the Carlsbad Municipal Water District, or other concerned local agencies. • The applicant, for discretionary action, is required to present evidence that all necessary public facilities and services furnished by agencies other than the City of Carlsbad, are available to serve the proposed project at the time of filing an application with the City of Carlsbad. This evidence must be in the form of a letter fro;n the agency confirming their ability to serve the proposed project."- The foregoing section will automatically be included in the current General Plan revision program. The suggested amendment is being included at the present 'time to allow the City to begin formal implementation as soon as possible. The Staff is recommending the Planning Commission approve the. Resolution of Intention to facilitate use of the policy. Planning Director DAA/dk Attachment, . ., .-. JVil'TfirC'it" ,--•;;: /UV STATED- ;Tf ' C ' ' ' Gcnerc-l Subject: Tclecjuacy of PU3LIC in Connection wi th Specific Subject: rnent Proposals - Conies to: 'City Council, City Ma nag D i v i s i o n H e a ds > "Enip 1 oy ee SERVICES D e v e 1 o p - P ., .t.b d L t T 1' C a n Sue er-, City At to Bulletin Boa •--' i_^ s *..' e c' jjj_ / ] r / ~ -; octive Date 19/16/73 c e 1 i a t i o n Da t e ersea'es fio. rney, Department and rds/ Press , Fi le BACKGROUND: p o s a In co s for insure the C i ty I) o p a r regardi ng nients expe required p develcprnen nev/ly deve schools, 1 PURPOSE: n s i ar p Li tme the etc ufal t s 1 Op ibr r i n g s u i i he Sc q u a o c erv a rea s , b 1 i c nts, a d e d to ic s hov/s ed a a r i e zo hi al ho cy cu ic ne s ft rung, n ^ rezo the" City th, safety ol Distric of public r within s es have'no ed. .The,r have been re protect n i n g , deve , the City and v/elfa ts> Water services u c h areas. t in fact e s u11 has inadequate ion and ot lop.me'nt or redevelopment prc Council has, in order to' re, evaluated reports -from Districts and'other agencies required to serve the devslo In many cases, however, th been installed by. .the time t been that residents in the ly served with acce-ss, parks her public services. To establish a policy to insure that all necessary pub.lic services will be available concurrently with need. . • • POLICY: ' " ' '.. - " Before giving approval to zoning, rszoning, development or redevel opment proposals, the public health and' safety and the general welfare of the comnrunity and all its.citizens require that provisions be made by.the proponent of the zoning, rezoning, devel-oprnent or redevelopment in conjunction with appropriate governmental agencies to insure: 1. That the zoning, rezoning, development or redevelopment be - consistent with a master development plan for the general area which has been reviewed by the PI anning Corr.mi ss i on 'and, adopted by the City Council. • • - . 2. That the development plan includes an implementation section which sets forth -in detail measures which will be taken to insure that all necessary public services -are provided concurrent with need in the o'evel coment. 3. That the•proponent of the zoning, rezoning, development or redevelopment present evidence satisfactory to the City Council that all the required public services, including schools, will fact be provided concurrent with the need. . "ION OF INTENTION NO. 95 li 2\ s! A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE TEXTUAL PORTION OF THE GENERAL PLAN BY ADDING A SECTION WHICH WILL REQUIRE ADEQUATE PUBLIC FACILITIES, INCLUDING SCHOOLS. BE IT RESOLVED by the Planning Commission of the City of Carlsbad, 51! California, as follows: 6J! 1. That it does hereby declare its intention to hold a public 7 | hearing on November 27, 1973, at 7:30 P.M. in the City Council Chambers, i 8|i 1200 Elm Avenue, Carlsbad, California, to consider recommending to the City 9|' Council, an amendment to the textual portion of the General Plan by addingi! 10 !l a "Public Facilities" section to Implementation of the Plan. The amendment|j "~~^ ; 11 jl assures the City that all required public facilities, including schools, will 1: be provided concurrent with need. 13 ii 14 2. Notice of said public hearing shall be given in the manner prescribed by law. 15 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of 16 ! Carlsbad Planning Commission held on the T3thday Of November 1973, I*'' i by the following vote, to wit: 18 19 AYES: Commissioners Dominguez, Jose, Casler, Forman, Wrench, Little Palmateer NOES: None 20 21 22 231! 24 25 26 27 28 29 30 31 32 ABSENT: None E. W. DOMINGUEZ, Chairman ATTEST: DONALD A. AGATEP, Secretary C 1 2 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 29 30 31 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF GENERAL PLAN AMENDMENT NO. 21, TO THE TEXTUAL PORTION OF THE GENERAL PLAN. ADDING SUBDIVISION AMD ZONING CONTROLS TO ENSURE ADEQUACY OF PUBLIC FACILITIES. The City of Carlsbad Planning Commission does hereby resolva as follows: WHEREAS, the Planning Commission did, on the 13th day of November, 1973, adopt a Resolution of Intention No. 96 to amend the textual portion of the General Plan fay adding subdivision and zoning controls to ensure adequacy of Public Facilities, and, WHEREAS, said planning Commission did on the 27th day of November, 1973, hold a duly noticed public hearing, and continued said public hearing to December 11, 1973. At the public hearing of December 11, 1973, the Planning Commission did receive the recommendations, objections, protests and comments of all individuals and parties who desired to be heard; and, WHEREAS, safd Amendment No. 21, has met the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972, and has been declared to have a. "Non-Significant" impact on the environment; and, HHEREAS, the Planning Commission of the City of Carlsbad, California does hereby recommend approval of a General Plan Amendment No. 21, adding to the textual portion of the General Plan the Subdivision and Zoning Controls to Ensure Adequacy of Public Facilities. Said Amendment should commence on Page 44 - Implementation of the Plan, between Ordinances and Specific Plans, in Capital Improvement Programming, add: " A substantial impact will be created on existing public facilities including schools, as new subdivisions are developed in the now undeveloped portions of the Carlsbad Planning area. In addition, such developments will create the need for many new public facilities. The subdivision approvals and zone changes necessary to such developments must be accomplished in accord with the General Plan. It is a basic element of the plan that areas planned for residential use will not be put to such a use nor zone changes for subdivision approvals considered until the City . can assured that all necessary public facilities for the area to be developed can and will be available concurrent with need. The quality of the subdivision and zoning ordinances and the manner of their administration will greatly affect the character of the future city. In order to implement this General Plan, it v/ill be necessary to carefully administer the subdivision and zoning processes to ensure that all necessary public services are made c 3 41! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 i available concurrent with need. The public facility requirements in newly developed areas must ba satisfied in accordance with standards and criteria for necessary and desirable levels of service adopted by the local agency responsible for providing such service. The requirement for establishing the fact of the existence of adeauate public facilities and services must be satisfied prior to any discretionary actions by the City of Carlsbad, including, but not limited to, the enactment and amendment of the zoning ordinance, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps. The applicant, for discretionary action, is required to present evidence that all necessary public facilities and services furnished by agencies other than the City of Carlsbad are available to serve the proposed project at the time of filing an application with the City of Carlsbad. This evidence must be in the form of a letter from the agency confirming their ability to serve the proposed project." WHEREAS, said Planning Commission did find the following facts and reasons to exist which make said Amendment necessary to carry out the intent of the General Plan: 1. The addition of General Plan Amendment No. 21 will ensure that all necessary public facilities will be available concurrent with need. 2. That amendment to the General Plan No. 21 will ensure the public health, welfare and general safety of the citizens of Carlsbad. AND FINALLY BE IT RESOLVED, that a copy of this Resolution be forwarded to the City Council for its attention in the manner prescribed by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning CommissiJDr held on the llth day of December, 1973, by the following vote, to wit: AYES: Commissioners Dominguez, Forman, Casler & Little NOES: None ABSENT:Commissioners Jose, Wrench and Palrnateer E. W. DOMINGUEZ, Chairman ATTEST: DONALD A. AGATEP, Secretary -2- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at an adjourned regular meeting in the Council Chambers, 1200 Elm Avenue, Carlsbad, California, on Monday, December 17, 1973, at 3:00 P.M. to consider an amendment to the textural portion of the General Plan by adding a "PUBLIC FACILITIES" section to Implementation of the Plan. Said amendment would require that all necessary public facilities including schools, will be provided concurrent with need. CARLSBAD CITY COUNCIL Publish: December 6, 1973 Affidavit of Publication ss.STATE OF CALIFORNIA County of San Diego r £^±^.l._^IiiLl , says that she is the Principal Clerk of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the City of Carlsbad, County of San Diego, and State of California, and that the notice of which the annexed is a true copy, was published £:?£-. times in said newspaper, commencing on the _ day of uec* • A.D. 19 ..liL, namely on the following dates: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City ,of Carlsbad will hold a !i public hearing at an adjourned regular meeting in the Coun- cil Chambers, 1200 Elm Ave- nue, Carlsbad, California, on Monday, December 17, 1973, at 3:00 P.M. to consider an amendiqent. to the teztural portion of the General Plan by adding a "PUBLIC FACI- LITIES" section to Imple- mentation of the Plan. Said amendment would require that all necessary public facili- ties including schools, will be provided ' concurrent with need. '. . < CARLSBAD CITY COUNCIL Pub: Dec. 6,19J3. Legal Decree No. 172342 Signed at Carlsbad, California this ....6th day of ...I.'.!?.: _ , 19 .!.?. I hereby declare under penalty of perjury that the foregoing is true and correct. Principal Clerk