Loading...
HomeMy WebLinkAbout1979-10-02; City Council; 6015; Letter from Candidates for ElectionAGENDA 'BILL NO: • DATE: DEPARTMENT; CITY OF CARLSBAD F lajin ing Department JNITIAL Dept. Hd. City-Atty. City Mgr. SUBJJIiCT: LETTER FROM CANDIDATES FOR ELECTION TO ENCIKITAS UNION SCHOOL BOARD, DATED SEPTEMBER 12, 1979. STATEMENT OF THE MATTER:4> *- The Council received a letter, dated September 12, 1379, from Timothy Welch, representing residents of the Rancho Ponderosa development, expressing concern over the overcrowded conditions of schools within their district. The .letter urged that the City Council adopt- a policy requiring developers to obtain certification that adequate facilities and services will be available concurrent with need for developments contemplated within the City. • ' '' Current City ODrdinance requires that the City notify potentially effected school districts cf residential development within their district. The school district must -then establish certain findings of overcrowding and sx?bmit these findings to the City. If submitted, the City Council is obligated to help the school district's mitigate overcrowding by the dedication of land,- collection of fees or a combination thereof. If a school district within a City's jurisdiction does not make the finding of overcrowding, •that school district will be treated, as in the past, by requiring compliance with the City's Public Facilities Element. Letter of September 12, 1ST 9 from Timothy Welch Council Policy No. 17 adopted August 29, 1979. If the City Council does not wish to change the current City policy, s, minute motion should be made confirming said current 'policy. If .the City Council desires to explore the matter further, staff should be directed to communicate with the affected school districts and the County to determine each agency's current position on this matter. Staff would then obtain background information and reports from the. districts, and return to the Council for your further consideration and' action. - AGENDA BILL NO. 6015 Page 2 Council Action: 10-2-79 Council directed staff to communicate with the affected school districts and the County to determine each agency's current position on this matter. Honorable Mayor and Members of the City Council City of Carlsbad Carlsbad, California 2804 Sombrosa Street Carlsbad, CA 92008 ^September 12, 1979 Gentlemen: We are concerned residents of the Rancho Ponderosa development located within the City of Carlsbad and candidates for election to the Encinitas Union School Board. As interested, involved parents we are looking for ways to deal with the overcrowded conditions in the schools of our district. Most of the schools in this district are located in the unincorporated area of the county south of our city. Therefore, the planning and growth management are subject to the San Diego County Board of Supervisors. However, as you know, a significant portion of the Encinitas District is located within the City of Carlsbad, and therefore is subject to your plan- ning supervision. August 28, 1979 the Board of Supervisors enacted a revised policy 1-43 which states in part: . •• "...Each application...shall include a written certification from each school district having jurisdiction in the area covered by the proposed development whether that district will or will not be able to provide adequate school services and facilities to the development concurrently with need." We believe the intent of this revised policy is to recognize that the local school boards are best able to determine whether quality education can be provided within their jurisdiction. Accordingly, we advocate the City Council adopt a similar policy of requir- ing developers to obtain certification that adequate facilities and services will be available concurrent with need for developments contemplated within our city. Id appreciate hearing your views on this topic. Robert <3. Fraustein 942-1852 / 459-2360, Ext. 215 Timothy"Welch 942-1407 / 234-3302 cc: Encinitas Union School District {« - -~ L~ Page 1 of 4 ''• ' . C .'Y OF CARLSBAD ^oUcyJNo, 17 COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No.17 issued 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File .BACKGROUND: ' " " > The Public Facilities Element of the General Plan requires that before giving approval to zoning, rezoning, development or redevelopment proposals, the public health and safety and the general welfare of the community and all its citizens require that 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. For those services and facilities provided by another entity, the Council has and will continue to be guided by a letter of availability from such entity. For those services provided by the City, the Council has previously\relied on a report of availability from the City Staff. On July 3, 1979 the City Manager reported that in the future such services and facilities could not be made available to new development from the City's resources. • PURPOSE; 1. To establish a policy regarding the requirements which must be met before the City Council will find that the Public Facilities Element has been satisfied. 2. To establish a policy that will allow development to proceed in an orderly manner while insuring that the requirements of the Public .Facilities Element will be satisfied by establishing a fee to fund the cost of City-provided facilities, including but not limited to: Parks, major streets, traffic signals, storm drains, bridges and public buildings such as fire stations, police facilities, maintenance yards, libraries and general offices which wilL insure they will be available concurrent with need. . ' -. • POLICY: 1. In determining whether or not service provided by another entity will be available concurrent with need in connection with a development, the Council, in the absence of evidence to the contrary, shall be guided by a letter of availability from that entity, provided, however, developments which are required to dedicate land or pay fees for school facilities pursuant to Chapter 21.55 of the Carlsbad Municipal Code, shall be deemed to have satisfied the Public Facilities Element in regard to schools for that development without the necessity for an availability letter. Page 2 of 4 L xY OF CARLSBAD ^ >QUcy COUNCIL POLICY STATEMENT General Subject: - Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No.17 issued 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 2. The City Council finds that the-report" entitled, "A Public Facilities Fee for the City of Carlsbad", dated July 3, 1979,.accurately reflects the City's need for and lack of ability to provide public facilities and services to new development and it is hereby approved» The Council also finds that the continued development of the City, with the consequent increase in population and in the use of public facilities, v/ill impose increased requirements for such . facilities, including but not limited to parks, major streets, traffic signals, storm drains, bridges and public buildings, such as fire stations, police facilities, maintenance facilities, libraries and general offices. The necessity for such facilities results directly from new construction and the need cannot be met from ordinary City revenues. The most practical and equitable method of paying for such facilities is to impose a fee upon new development in the City. Payment of such a fee will enable the City to fund a construction program to provide public facilities. If a. development agrees to pay the public facilities fee established by this policy, the Council will be able to find that all necessary public facilities and services will be available concurrent with need and that the requirements of the Public Facilities Element have been met. If that finding cannot be made, the City Council will be required to disapprove the development. 3. Prior to approval of any zoning, rezoning, development or redevelopment proposal, the applicant shall pay or agree to pay a public facilities fee in the amount of 2% of the building permit valuation of the buildings or structures or $1,150 for each mobilehome space to be constructed pursuant to such approval. The fee shall be paid prior to issuance of building or other permits and shall be based on the valuation at that time. ^ 4. A credit toward the fee impose'd by this policy shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. 5. All proceeds from the fee collected pursuant to this policy shall be paid into a special capital outlay fund of the City entitled, "Public Facilities Fund". The fund shall be used only for the purpose of acquiring, building, improving, expanding and equipping public property, and public improvements and facilities including but not limited to the following types of capital projects: Public buildings (such as fire stations, police facilities, maintenance and yard facilities, libraries and general city offices) parks, major streets. C-x'Y OF .CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: Requirements Necessary to satisfy the Public Facilities Element of the General Plan Page 3 of 4 Policy No.17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No. 17 issued 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File traffic signals, storm drains, bridges and other'similar projects as the Council may deem necessary and appropriate. Designation of expenditures of funds available from the fund shall be made by the City Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the Council may direct. 6. The following exceptions from payment of the fee shall apply: (a) The construction of a building or structure or mobilehome space which is a replacement for a building or space being removed from the same lot or parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder if the building being replaced were "being newly constructed. If the fee imposed on the new building exceeds the amount of this exception1, such excess shall be paid. •• (b) Accessory buildings or structures in mobilehome parks, such as a club house, swimming pool, or laundry facilities. (c) Buildings or structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages. (d) The City Council may grant an exception for a low cost housing project where the City Council finds such project consistent with the Housing Element of the General Plan and that such exception is necessary. In approving an exception for low cost housing the City Council may attach conditions, including limitations on rent or income levels of tenants. If the City Council finds a project is not being operated as a low cost housing project in accordance with all applicable conditions, the fee, which wo_uld otherwise be imposed by this chapter, shall immediately become due and payable. 7. There is excluded from the fee imposed by this policy: (a) Any person when imposition of such fee upon that person would be in violation of the Constitution and laws of the United States or the State of California. (b) The construction of any building by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes. J_ Page 4 of 4 Policy No. 17.' TY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No. 17 js 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File (c) The construction of any building by the City of Carlsbad, . the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. 8. The City Manager shall be responsible for the administration and enforcement of this policy. His decisions may be appealed to the City Council whose decision shall be final.