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\
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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,
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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.
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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:
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AYES: Commissioners Dominguez, Jose, Casler, Forman, Wrench, Little
Palmateer
NOES: None
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ABSENT: None
E. W. DOMINGUEZ,
Chairman
ATTEST:
DONALD A. AGATEP,
Secretary
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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
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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