Loading...
HomeMy WebLinkAbout1975-04-15; City Council; 3340; Request for approval of amendment to Title 21Anehda Bill No. Referred to. Date: April 15. 1975 Submitted by: Planning Commis Subject: Request for approval of an amendment to Title 21 of the Carlsbad Municipal Code Applicant: Statement of the Matter: The Planning Commission is recommending approval of a zone code amendment repealing Section 21.42.040 and amending Section 21.58.020. Section 21.42.040 - Time Limitation. This section requires construction of a use approved by a Conditional Use Permit be completed within one year of approval, this is unworkable assume that all construction could be time limit. Therefore, Section 21.42 limitation of Conditional Use Permits 21.58.020. because it is unreasonable to completed within the one-year .040 should be deleted and time be regulated by revised Section Section 21.58.020 -Expiration. Presently, this section of the Ordinance requires that Specific Plans along with Conditions! Use Permits and Variances, shall become null and void if not exercised within the time specified in the permit; or, it not specified, within one year from date of approval. Specific Plans should not be subject to this con- dition, since 'Specific Plans may cover large areas of land that will be developed over a lengthy period of time. Also, Specific Plans are to the benefit of the City in that the City may review the plan in detail. In some cases, the City loses this review and approval ability if the Specific Plan expires. Therefore, this amendment takes-the Specific Plan out of the expiration requirement. If the City -wishes an expiration date; it can be made part of the approval of the Specific Plan itself. Exhibit: Planning Commission Resolution No. 1143 Planning Commission Memorandum dated 3-25-75 Exhibit 'C' showing changes Staff Recommendations to City Manager: Staff recommends that ZCA-66 be approved for the reasons outlined in Planning Commission Resolution No. 1143. If the City Council concurs with the Planning Commission recommendation, the Council should direct the City Attorney to prepare the necessary documents as stated. A AS No. ' Date: April 15, 1975 City Manager's Recommendation Concur with staff recommendation. Council'Action 4-15-75 The staff was instructed to prepare the documents neces.sary for approval of an amendment to Title 21 of th'e Carlsbad Muni ci pal Code. -2- 1 PLANNING COMMISSION RESOLUTION NO. 1143 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF 21.58.020 AND BY REPEALING 21.42.020 TO PROVIDE FOR THE EXPIRATION OF VARIANCES AND CONDITIONAL USE PERMITS 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 WHEREAS, the Planning Commission of the City of Carlsbad did adopt Resolution of Intention No, 112 declaring its intention to recommend to City Council an amendment to Title 21 of the Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing on March 25, 1975 to consider the subject amendment; and WHEREAS, the subject amendment complies with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972"; inasmuch as it was declared to have a non-significant impact; and WHEREAS, the Planning Commission received all testimony from those persons interested in and opposed to, if any, the proposed Zone Code Amendment; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad recommendation of approval that Title 21 be amended as follows: Title 21, Chapter 21.58, of the. Carlsbad Municipal Code is amended by the amendment of Section 21.58.020 to read as follows: 21.58.020 - Expiration. Any conditional use permit or variance becomes null and void if not exercised within the time period specified in the resolution of approval or if no date is specified, within eighteen months from the date of approval by the Planning Commission or City Council. Title 21, Chapter 21.42, of the Carlsbad Municipal Code is amended by the repealing of Section 21.42.040. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on March 25, 1975 by the following vote, to wit: AYES: Commissioners Dominguez, Fikes, L'Heureux, Jose'i Wrench -^ 7ABSENT: Commissioner Watson ATTEST: Gary-'wrench, Chairman < \ Donald A. Agatep, Secretary MEMORANDUM March 25, 1975 TO: THE PLANNING COMMISSION FROM: THE PLANNING DEPARTMENT SUBJECT: CONTINUED PUBLIC HEARING ON ZCA-66 AMENDMENT OF SECTION 21.42.040 AND 21.58.020 1. Section 21.42.040 - Time Limitation. Section 21.42.040 requires construction of a use approved by a Conditional Use Permit be completed within one year of approval. This, of course, is unworkable and was to be deleted at the adoption of Section 21.58.020. It was missed for some reason and now creates a conflict in the Ordinance, as well as being unreasonable. Therefore, Section 21.42.040 should be deleted and time limitation of Conditional Use Permits be regulated by revised Section 21.58.020. 2. Section 21.58.020 - Expiration. Presently, this section of the Ordinance requires that Conditional Use Permits, Variances and Specific Plans shall become null and void if not excercised within the time specified in the permit; or, if not specified, within one year from date of approval. This is appropriate procedure for Conditional Use Permits and Variances. However, Specific Plans should not be subject to this condition, since Specific Plans may cover large areas of land that will be developed over a lengthy period of time. The proper way of handling time limitations on Specific Plans would be contained within the ordinance approving the Specific Plan. There was a discussion by the Planning Commission on February 25, 1975 that time limits should exist for Specific Plans: staff agrees that certain Specific Plans need time limits, but this type of Specific Plan will have limited application in the future and that a time limitation can be made as a condition of approval (in most cases a phasing program). A real problem will exist, however, for Specific Plans approved without a time limit condition and have not been developed. If this ordinance amend- ment is adopted, staff will remedy this problem by reviewing all non- developed Specific Plans to determine if they have expired under existing code. A letter with copy in file indicating expiration will be sent to the applicant and present property owners. The file will be clearly marked "expired". If there are any active Specific Plans that are not under construction or completed, staff will review and report to the Planning Commission for further action. The option in these cases are: (1) do nothing and allow Specific Plan to have unlimited time, or (2) open the public hearing and place time limitations, or (3) delete Specific Plan. -2- Staff is suggesting an additional change since the last meeting. It is an extension of time limit from one year to eighteen months. This corresponds to the newly adopted Subdivision Map Ordinance and will make administration simpler to have unified expiration dates. Moreover, it is fact that development simply takes longer now; especially in environmentally critical areas, such as along the coast or in hillside areas. Recommendation: It is recommended that ZCA-66 to amend Section 21.58.020 by deleting Specific Plans from this regulation and deletion of Section 21.42.040 be adopted, as per attached Exhibit C. (U Bud Plender BP/br - 3/20/75 ATTACHMENTS: Exhibit C Minutes of 2/25/75 SAMPLE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF 21.58.020 AND BY REPEALING 21.42.020 TO PROVIDE FOR THE EXPIRATION OF VARIANCES AND CONDITIONAL USE PERMITS Title 21, Chapter 21.58, of the Carlsbad Municipal Code is amended by the amendment of section 21.58.020 to read as follows: "21.58.020 - Expiration. Any conditional use permit or variance becomes null and void if not exercised within the time period specified in the resolution of approval or if not date is specified, within eighteen months from the date of approval by the Planning Commission or City Council." Title 21, Chapter 21.42, or the Carlsbad Municipal Code is amended by the repealing of section 21.42.040.