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HomeMy WebLinkAbout1978-09-05; City Council; 5556; Council Policy Re: Public Facilities ElementCITY OF CARLSBAD AGENDA BILL NO. ^f^b Initial: Dept.Hd. DATE: September 5, 1978 c. Atty.V^g DEPARTMENT: City Attorney C. Mgr. F\ tX Su ject: COUNCIL pOLICY RE PUBLIC FACILITIES ELEMENT -- SCHOOLS Statement of the Matter As indicated in my memorandum of May 3, 1978 regarding the new school fee ordinance, notwithstanding the ordinance the Council.will still need to find the Public Facilities Element is satisfied before approving a development. A memorandum from me to the City Manager, dated August 18, 1978, explaining the matter in more detail, is attached. As indicated in that memorandum, I have prepared a draft of a Council policy which provides that a development, which is subject to the new school fee ordinance, would be deemed to have satisfied the Public Facilities Element. The interrelationship of the school fee ordinance with the Public Facilities Element of the General Plan is a policy question which should be resolved by the Council prior to the effective date of the ordinance. Exhibits Council Policy No. 17 re Public Services. City Attorney's memorandum to City Manager, dated August 18, 1978. Proposed new Council Policy No. 17. Recommendation If the City Council concurs, your action is to adopt the revised Council Policy No. 17. Council Action: 9-5-78 Council adopted the revised Council Policy No. 17. C .Y OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Adequacy of PUBLIC SERVICES in Connection with Develop- Specific Subject: ment Proposals Pol icy tio. 17 Date Issued 10/16/73 Effective Date 10/16/73 Cancellation Date Supersedes No. Cooies to:City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File BACKGROUND: In considering zoning, rezoning, development or redevelopment pro- posals for areas within the City, the City Council has, in order to insure the public health, safety and welfare, evaluated reports from City Departments, School Districts, Water Districts and other agencies regarding the adequacy of public services required to serve the develop- ments expected to occur within such areas. In many cases, however, the required public services have not in fact been installed by the time the development shows a need. The result has been that residents in the newly developed areas have been inadequately served with access, parks, schools, libraries, fire protection and other public services. PURPOSE: will Jo be •£sta-bli-sh a. policy to insure that available concurrently with need. all necessary public services POLICY: Before giving approval to zoning, rezoning, development or redevel opment proposals, the public health and safety and the general welfare of the community and all its citizens require that provisions be made by the proponent of the zoning, rezoning, development 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 Planning Commission and adopted by the City Council. 2. That the development plan includes an implementation section which sets forth in detail measures which will bejtaken to insure that all necessary public services are provided concurrent with need in the development, 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 in fact be provided concurrent with the need. , . MEMORANDUM DATE: August 18, 1978 TO: City Manager FROM: City Attorney SUBJECT: PUBLIC FACILITIES ELEMENT RE SCHOOLS As indicated in my memorandum of May 3, 1978 regarding the new SB 201 school fee ordinance, the public facilities element of the general plan constitutes an independent requirement in that regard. The element requires the City Council to find that all necessary public facilities will be available concurrent with need before approving a development. Public facilities include schools. Notwithstanding the adoption of the ordinance, the Council is still required to find that the element is satisfied before approving a development. In areas within the Carlsbad Unified School District, where the ordinance will not apply, we can continue to administer the element as we have in the past. In the balance of the City, however, we are faced with a situation where the "new ordinance overlaps with the element. During the various Council discussions of the new ordinance, it seemed to me that they favored resolving the problem by finding that where the new ordinance applied, the element would be deemed to be satisfied. My May 3rd memorandum recommended accomplishing that by an appropriate Council-policy. Council Policy No. 17 was adopted October 16, 1973. It was part of Carlsbad's pioneering effort to require development to contribute toward the cost of school facilities. As you know, we have now formally adopted that requirement in the public facilities element of the general plan. In my opinion Council Policy No. 17, as it presently exists, is unnecessary since it only repeats the sub- stance of the element. I have taken the liberty of preparing a revised version of Policy No. 17, which eliminates the duplications with the public facilities element and expressly provides for the new school fee ordinance. An agenda bill has also been prepared to place this matter before the Council. Please let me know if you need any further advice on this matter. VFB/mla VINCENT F. BIONDO, JR. City Attorney