HomeMy WebLinkAbout1975-03-19; City Council; 2252-2; Public Facilities ElementT?*
THELXITY OF CARLSPAD, CALIFOSA'iA (b '/) tfA _ <D
Agentfa Bi'11 XQ.&&&2; *&&***& *%* ~"- Date M^h igf 1974
Referred To: CITY COUNCI-L
Subject: '.-•-.- f ' . Submitted By:
. PUBLIC FACILITIES ELEMENT ' ' '...'''. ' PLANNING.COMMISSION
Statement of the Matter ~
On December'11,'1973 the Planning Commission recommended- to the Council an amendment of
the General Plan in regard to public facilities. The City Council,. on December .17, 1973
held a public hearing on the proposed amendment and voted to table the matter. TJe" City
Attorney in response to a request from the "Council, subsequently prepared a r.eyised
version of the amendment which was placed before the Council. On March 6, 1974,_the .
City Council voted to take Agenda Bill No. 2252 from the table*. % After considering it
further, the Council voted to return the matter to the Planning- Commission for a report
" -on the revised language'and on the inclusion of the material in. the General Plan as a
separate public facilities element, Jhe Planning Commission, at its adjourned meeting,
of March 8, 1974" was apprisedlo.f the'Council's action by the Planning-Director, who was? .
instructed to-prepare a public facilities element in accord.with the City Council s action
for presentation to and consideration by the.-Planning'Commission at their regular meeting
of March 12, .1974. At that meeting, the Planning Commission concurred vi the Council s
changes arid recommended that the public facilities element be adopted as part of the General
Plan of the City of Carls.bad. The Planning Commission requests the City Council fl(
consider as any future amendment of the Public .Facilities Element, a Capttal Improvements.
-Program and'Budget. .--".." '-••... . . . -.
Exhibit . . . "• ... • . . • ' .
1. Memo to Planning Commission of.Nov. 9, 1973. . -•.•.'
• . 2. Memo from City Attorney dated Feb. '11,. 1974 (showing pro-posed.language).
3. planning "Commission Resolution .No. 1017 • • _ .4. Recommended Pob.lic Facilitie's Element from Planning Commission attached..^ Resolutxon (5. Resolution NoAAfJL - 'adopting Pu-blic Facilities Element. ' as... Exhibit A
Staff Reconmendat ions to the City Manager: - '.
That'it'be recommended to the City Council to adopt the Public Facilities
Element as drafted for inclusion-into the City-of Carlsbad General-P.l an.
AS No. Date: March 19, 1974
City Manager's Recommendation
Concur with staff recommendations,
Council'Action
•j.19-74 Resolution «382 was adopted, amending the General Plan by the
addition of a Public Faciliti&s Element. ...
9, 1S73-
TO: • PLANNING COMMISSION . • •
FROM: PLASHING 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 No. 17 requires "that any applicant for" zoning, rezonir,gy
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 .Programnnna"
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 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
ba put to such a use nor zone changes for subdivision approvals considered
until the City can be assured that all necessary public facilities for
the area to ba 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 zoning processes to insure
that all necessary public services are made available concurrent with
need.
The public facility requirements in newly developed areas must
.be satisfied in accordance with standards and criteri?. 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 exigence of adequate public facilities ?nd services must be
satisfied prior to any discretionary actions by the City of Carlsbad,
including, but not limited toy the enactment and amendment of the
zoning ordinance, the issuance of zoning variances, tha 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 Hater District, or other concerned.local agencies. '
The applicant, for discretionary action, is required.to present
evidence that all necessary public facilities end 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."
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 Comoiission approve the Resolution of
Intention to facilitate use of the policy. -
DONALD A. AGATEP,
Planning Director
DAA/dk
Attachment.
Vs ••^f
'LAMING COMMISSION RESOLUTION .--'O. ,!0i;
1 !j ' A RESOLUTION OF THE PLANNING COMMISSION OF THF
!< CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING TO THE
2!! CITY COUNCIL, APPROVAL OF GENERAL PLAN AMENOMRIT
ii NO. 21, TO THE TEXTUAL PORTION OF THE GENERAL
3j! PLAN, ADDING SUBDIVISION'AND ZONING CONTROLS TO
!| ENSURE ADEQUACY OF PUBLIC FACILITIES.
A I! ' .
r5 | The City of Carlsbad Planning Commission does hereby resolve as follows:
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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 by 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, said Amendment Mo. 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,
WHEREAS, 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 Adeouacv of Public Facilities. Said Amendment should commence on
! Page 44 - Implementation of the Plan, between Ordinances and Specific Plans,
23 .in Capital Improvement Programming, add:
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" 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 will be
j| necessary to carefully administer the subdivision and zoning-
processes to ensure that all necessary public services are mads
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available concurrent with need.
The public facility requirements in nev/ly 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 existance, 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.
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 Mo. 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 Ccmmissi
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 Palmateer
"E. W.~ DOMINGUEZ,
Chairman
ATTEST:
32
DONAUTA. AQATEP,
Secretary
^^EMORANOTM
TO: 'City Council
FROM: City Attorney
DATE: February 11, 1974
RE: General Plan Amendments - School Policy
•At the City Council meeting of February 6, 1974,
discussion was; had regarding the City's public facilities
policy. Section 3, the operative section of that policy,
requires that the developer present evidence satisfactory
to the City Council that all required public services,
including schools, will be provided concurrent with the
need. In the course of the discussion the Council indi-
cated that it might be appropriate to include similar
language in the City's General Plan. In that regard I
have prepared the following language:
i vis ion a- Ji d Zoning Controls to Insure Adequacy o f
Public
• A substantial impact will be created on existing
public facilities, including schools, as new subdivisions
and other developments occur in the now undeveloped .por-
tions of the Carlsbad Planning Area. In addition, such
development will create the need for many new public
facilities. The subdivision approvals and zone changes
and other approvals necessary to such development must be
accomplished in accord with the General Plan. It is a
basic element 'of the General Plan that areas planned for
residential use will not be put to such a use nor zone
changes or subdivision approvals considered until the
City can be 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 greeitly affect the character of the future city. In
order to implement this General Plan, it will be necessary
to carefully administer the subdivision and zoning pro-
cesses to insure that all necessary public services are
made available concurrent \vith need.
The existence of adequate public facilities and
services must be established prior to any discretionary
actions by the City of Carlsbad, including, but not lim-
ited to, the enactment and amendment of the zoning ordi-
nance, the issuance of zoning variances, the issuance of
O
to;Memorandum tc
City Council
February 11, 1974
Pago Two
conditional use permits, and the approval of tentative
subdivision maps. The proponent of any such actions shall
present evidence satisfactory to the City Council that
all necessary services and facilities will be available
concurrent with need. " •
The suggested changes to .the General Plan would
leave the Council full discretion in deali.ng with the
development because the determination of. whether or not
services would be available would be solely that of the
City Council. The suggested language clearly provides .
that the requirement which must be satisfied, is that
evidence satisfactory to the City Council be presented.
If this language is satisfactory, and unless I
receive instructions from any individual Councilman to the
contrary, I will forward the matter to the Planning Depart-
ment and ask them to set the matter for public hearing
before the Planning Commission. • It may well be possible
to incorporate the suggested language in a public facili-
ties element to the General Plan which would be a new
element and therefore not involve problems as to the three-
time-per-year limitation on General Plan amendments.
VINCENT F. BIONDO, JR.
City Attorney
VFB:af . . • . . '
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RESOLUTION NO. 3382
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
THE GENERAL PLAN BY THE ADDITION OF A
PUBLIC FACILITIES ELEMENT TO INSURE THAT
ALL NECESSARY PUBLIC FACILITIES ARE
AVAILABLE CONCURRENT WITH NEED.
WHEREAS, the City of Carlsbad Planning Commission did on
the llth day of December, 1973/ hold a duly advertised public
hearing as prescribed by law to consider an amendment to the
General Plan which would add a public facilities section to said
Plan to provide for controls on subdivisions, rezoning and other
developmental approvals to insure that all necessary public
facilities will be available ccrmrrent with need; and
WHEREAS, said amendment has met the requirements of the
City of Carlsbad Environmental Protection Ordinance of 1972 and
has been declared to have a nonsignificant impact on the envir-
onment ; and
WHEREAS, the Planning Commission adopted Resolution
No. 1017 recommending said amendment to the City Council; and
WHEREAS, on December 17, 1973, the City Council held a
duly advertised public hearing to consider said amendment, and
at said public hearing the City Council received the recommenda-
tions, objections, protests, and comments of all individuals and
parties who desired to be heard and at the conclusion of the hear-
ing deferred a decision on the matter; and
WHEREAS, on March 6, 1974 the City Council again consid-
ered the matter and voted to return it to the Planning Commission
for a report on a revision in the wording and on the advisability
of including the amendment as a separate Public Facilities Element;
and
WHEREAS, the Planning Commission concurred in the proposed
action of the Council and unanimously recommended adoption of the
revised amendment as the Public Facilities Element for the City
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of Carlsbad;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission as set
forth in Planning Commission Resolution No. 1017 and in the Com-
mission report dated March 12, 1974, constitute the findings of
the City Council.
3. That General Plan Amendment No. 21 is hereby approved
and the General Plan of the City of Carlsbad is hereby amended
by the addition thereto of a Pzblic Facilities Element in a form
shown on Exhibit A attached hereto and incorporated herein by
reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 19th day of March / 1974,
by the following vote, to wit:
AYES: Councilmen Frazee, McComas and Lewis.
NOES: Councilman Chase
ABSENT: None
/ C
ROBERT C. FRAZEE?' Mayor
ATTEST:
MARGARET E. ADAMS, <2ity Clerk
(SEAL)
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PUBLIC FACILITIES ELEMENT OF THE
GENERAL PLAN FOR THE CITY OF CARLSBAD
I. Introduction
The City of Carlsbad is obligated by State law to adopt
and implement a comprehensive general plan. In order to provide
a complete and comprehensive plan for development of the community
in accord with the General Plan it is essential that provisions be
made for adequacy of public facilities.
II. Purpose
A substantial impact will be created on existing public
facilities, including schools, as new subdivisions and other de-
velopments occur in the now undeveloped portions of the Carlsbad
planning area. In addition, such development will create the
need for many new public facilities. The subdivision approvals
and zone changes and other approvals necessary to such development
must be accomplished in accord with the General Plan. It is a
basic element of the General Ilzr. that areas planned for residen-
tial use will not be put to sncii a use nor zone changes or sub-
division approvals considered until the City can be 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 admin-
istration 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 zoning processes to insure
that all necessary public services are made available concurrent
with need.
The existence of adequate public facilities and services
must be established 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.
III. Goal
To provide a comprehensive public services and facilities
and public building program for the citizens of the City of Carlsba<{l
now and in the future so as to insure that all necessary public
facilities will be available concurrent with need in connection
with the development of the City pursuant to the balance of the
General Plan.
IV. Policy
Before giving approval to zoning, rezoning, development or
redevelopment proposals, the public health and safety and the gen-
eral welfare of the community and all its citizens require that
the proponent of any such actions shall present evidence satis-
factory to the City Council that all necessary services and facil-
ities will be available concurrent with need.
EXHIBIT A