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