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HomeMy WebLinkAbout1981-04-14; City Council; 6561; Planning Commission AppointmentL -. . CITY OF CARLSBAD - BY&- I N I T I AL AGENDA $ILL NO. b56/ Dept. Hd. April 14, 1981 Cty . ---- ' #ATE: .- SUBJECT: Additional Items for Which,the Planning Commission Can Have Final Approval Authority - .c--I-cI-I--- STATEPENT OF THE FlATlfrR _--I At a joint City Council/Planning Commission workshop last year, the Council di- rected staff to consider additional items for which the Planning Commission can have final approval authority. The goal was to provide the Planning Commission with more discretionary authority and to shorten the time involved in the pro- cessing of items for the benefit of applicants and the city. Staff has analyzed this matter and is recommending that a number of major items be delegated to the Commission for final approval unless appealed to the City Council. In fact, staff is recommending that unless the type of item under consideration involves major policy decisions, such as Master Plans, Zone Code Amendments, and Specific Plans, dl items that can legally be approved by the Planning Commission as the final decision making body should be delegated to the Commission. The discretionary items being recommended for delegation to the Commission are as follows: 1. Subdivision Maps 2. Condominium Permits 3. Planned Unit Developments 4. Environmental Impact Reports 5. 'Street Name Changes The most signifiicant of these items would be subdivision maps. .Gnly a few other cities in California have delegated authority for final approval of all subdivision maps to the Planning Commission. Staff feels, however, that this would be the key to effectively accomplishing the goal established by the Coun- cil since most of the major items considered by the city, including condominium permits The appeal process would still allow the opportunity for an applicant or any interested party to have the City Council review any controversial project. Because of legal requirements sf state law or the types of policy issues in- volved, feels that certain discretionary items should continue to be re- - viewed by both the Planning Commission and the City Council. These items are master plans, specific plans, zone changes, zone code amendments, general plan amendments and the creation of agricultural preserv'es. A more detailed analysis of this matter is included in the attached memorandum to the City Manager dated Febrwy 27, 1981. This memorandum includes an exhi-. bit (Exhibit "C") which designates the specific municipal code sections involved should the Council concur and direct staff to prepare the necessary code amend- ments for consideration. The amount of time spent in preparing the proposed zone code amendments will be quickly made up for by the amount of time and effort saved in the processing of routine discretionary permits. and planned units developments, are accompanied by a subdivision map. staff m ENVIRONMESTTAL REVIEW None required at this time. Any subsequent acton to amend the code would re quire environmental review. FISCAL IMPACT Commitment of staff time (estimate minimum 40 hours). However, this will be quickly offset by the savings in processing time if more items obtain final ap proval at the Planning Commission level. RECOMMEND AT ION It is recommended that the City Council direct staff to initiate the appropriate public to consider amendments of the municipal code to delegate find approval authority to the Planning Commission for 1) Subdivision Maps, 2) Condo- minium Permits, 3) Planned Unit Developents, 4) Environmental Impact Reports, and 5) Street Name Changes. hearings ALTERNATIVES The City Council could determine to only have some of the recommended items del- egated to the Planning Commission for final approval or just the smaller devel- opment proposal such as a 25 or 50 lot subdivision. ATTACHMFNT Memorandum to City Manager, dated February 27, 1981 Council Action: 4-14-81 Council directed staff to initiate the appropriate public hearings to consider anxzndnents of the municipal code to delegate final approval authority to the Planning Carmission for itans defined above for developments less than 50 lots. Agenda Bill Page 2 '. MEMORANDlJM DATE : TO : FROM: SUBJECT : February 27, 1981 Frank Aleshire, City Manager James Hagaman, Planning Director 1 c ADDITIONAL ITEMS FOR WHICH "FIE PLANNING COMMISSION CAN HAVE FINAL APPROVAL AUTHORITY Introduction At a joint City Council/Planning Commission workshop last year, the City Council directed staff to prepare a report concerning additional items for which the Planning Conmission can have final approval authority. present steps in the processing of a discretionary permit. You will note the large number of projects for which the Planning Commission only makes a recommendation with the final decision made by City Council. Staff feels that a number of these items could receive final approval from the Planning Commission. In fact, staff would recommend that unless the type of item under consideration irxolves major policy decisions, all items that can legally be approved by the Planning Commission as the final decision making body should be delegated to the Commission. Attached Exhibit A illustrates the Discussion In light of Council's direction, staff has analyzed the following discretionary permits for which the Planning Com- mission presently only makes a recommendation to the City Council: A. Subdivision Maps Section 66452.1(b) of the California Subdivision Map Act states: "If the advisory agency is authorized by local ordinance to approve, conditionally approve or disapprove the tentative map it shall take such action within 50 days after filing thereof with its clerk and report its action, to the subdivider. " The city of Carlsbad's subdivision ordinance presently requires the Planning Commission to examine a tentative map at a public hearing and make a reconmendation to the City Council within 30 days. ordinance could be modified to allow the Planning Commission final approval authority unless its decision was appealed to the City Council. ordinance would be in conformance with the Subdivision Map Act and would also reduce the amount of time required to process a tentative map by two weeks to a month. In addition this would substantially reduce the work load of the City Council. At first, staff thought that perhaps just the final approval of smaller subdivision maps (i.e., less than 25 or less than 50 lots) should be delegated to the Planning Commission. additional consideration, it was felt that since the appeal procedure would be available to anyone who is 'dissatisfied with the Commission's decision on a large subdivision and since the State Map Act allows for the Commission to approve all subdivisions regardless of size, staff would recommend that final approval for all subdivisions be delegated to the Planning Commission. Although this is only done in a few other cities in California and would represent a very substantial procedural change, it's positive impact from a work- load and timing standpoint would also be very sub- stantial. to have final approval authority, unless its decision was appealed, for revised tentative maps and extensions of tentative maps. The city's subdivision This change in the But after The Planning Commission could also be allowed B. Condominiums and Planned Unit Developments According to the Carlsbad Zoning Ordinance, the Planning Commission must make a recommendation to the City Council concerning major condominium permits and planned unit developments. Since the zoning ordinance requires that both of these items be accompanied by a tentative map, staff feels that the Planning Commission should have final approval authority for these items also. As in the case with tentative maps, any decision made by the Planning Commission concerning major condominium permits and planned unit developments could be appealed to the City Council. C. Environmental Impact Reports Presently, the city of Carlsbad's Environmental Protection Ordinance requires that the Planning Commission forward Environmental Impact Reports to the City Council for final approval even if the Commission has final decision- making authority for the projects. amended so that the Commission could be allowed to have final approval authority for all Environmental Impact Reports for projects for which the Commission has final approval authority. This would mean that the City Council would just have to review Environmental Impact Reports for projects for which it has final appEova1. The ordinance could be D. Street Name Changes Street name changes'are presently processed according to City Council Policy No, 20 dated March 2, 1976, which requires the Planning Commission to issue a resolution recommending approval or denial of the proposed street name change to the City Council. is another type of item for which the Planning Commission could have final approval authority. Staff feels that this Because of legal requirements of state law or the types of policy issues involved, staff feels that certain discretionary permits should continue to be reviewed by both the Planning Commission and City Council with the Council having final approval. plans should continue to go through this process due to their complexity, the size of the area they often cover as well as their potential long range policy oriented effects, Staff believes the present processing of zone changes, zone code amendments, general plan amend- ments and the creation of agricultural preserves should remain the same. Major amendments to specific plans and master plans should also still be reviewed by both the Planning Commission and the City Council. However, the Planning Commission could still be allowed to have final approval authority for minor amendments to specific plans and master plans. As shown on attached Exhibit B, if the changes suggested in this report were implemented, it would substantially reduce the number of discretionary items that have to receive final approval by the City Council. These proposed changes would result in a reduction of staff and the City Council's workload, as well as saving anywhere from two weeks to a month in the processing of most dis- cretionary permits for the applicant. Although the changes suggested in this report would allow the Planning Commission to have final approval for most discretionary permits, the appeal process will still allow the opportunity for an applicant or any interested party to have the City Council review any controversial project. Therefore, staff feels that any controversial items will still probably be reviewed by both the Planning Commission and the City Council because of the appeal process. The changes suggested in this report will basically save time on routine non-controversial discretionary permits, which make up the majority of the cases handled by the City. Master plans and specific If the Council concu.rs with the suggestions made in this report they should instruct the staff to prepare the necessary code amendments for the approval of the -3- Planning Commission and City Council. time spent in preparing the proposed zone code amendments will be quickly made up for by the amount of time and effort saved in the processinq of routine discretionary The amount of permits. The specific involved are listed on RECOMMENDATION code sections which would be attached Exhibit 'IC". * It is reconmended that initiate the necessary Planning Commission to the City Council direct staff to code amendments to allow the have final approval authority for the following additional discretionary items: 1) Subdivision Maps 2) Condominium Permits 3) Planned Unit Developments 4) Environmental Impact Reports 5) Street Name Changes ATTACHMENTS Exhibits : "A" "B" and "C" MJH : ar 3/2/81 -4- . Major PUD . Amendment Minor PUD Amendment Major Condo- minium Permit Major Condo. Permit Extension Major Condo Permit Amendment Master Plan Major Master Plan Amendment Minor Master Plan Amendment Specific Plan Major Specific Plan Amendment Minor Specific Plan Amendment Street Name Change Agricultural Preserve Zone Change Zone Code Amcndmc n t General Plan Amendment .. 0 X 0 X + 0 X 0 X 0 X 0 ,x 0 X + 0 X 0 X + 0 X 0 x X 0 X X 0 X x 0 X X -! ' c I APPROVAL OF DISCRETIONARY PERMITS EXHIBIT "A" 4 0 - Recommendation to City Council + - Final Action unless appealed to City Council .-- rnA--7 a,elnn - . EXHIBIT "B" Minor Condo- minium permit Parcel Map Adjustment Plat Cer,tificate of * ' . APPROVAL OF DISCRETIONARY P.--ITS By Staff + +- + I compliance Site Develop- ment Plan Conditional Item + Approved 1 Administratively 1 Variance Special Use. Permit Planning Corn. &termination Environmental Impact Assessment Environmental Impact Report Tentative + + 0 0 + 0 0 + + x " X x. X Map Extension of Tentative Map Revised Tenta- tive Map PUD pm Extension . Major PUD Amendment Minor PUD Amendment Major Condo- minium Permit Major Condo. Per- mit Extension Major Condo permit Amendment Master Plan Major Master Plan Amendment Minor Master Plan Amendment . specific Plan Major Specific Plan Amendment Minor Specific Plan Amendment Street Name Change Agricultural Preserve Zone Change Zone Code Amendment General Plan Amendment .I City counc i 1 corn. i s s ion Planning I + I + I + -+ +' + +' + + + I + 1 + I + 0 1 0 I 0 I City Council I PC Decision only if approved ealed to CC by PC I p may be ap- 3. I E I X x X X X X EXHIBIT "C" Ordinance Sections Requiring Approval of Discretionary Permits by City Council t EIR - 19.04.240 Tentative Map - 20.12.090 Tentative Map Extension - 20.12.110 Tentative Map Revision - 20.12.120 (d) PUD - 21.45.080 PUD Extension - 21.45.140 PUD Amendment (Najor) - 21.45.160 Major Condominium Permit - 21.47.070 Major Condominium Permit Extension - 21.47.090 Major Condominj-um Permit Amendment - 21.47.090 Street .Name Changes - City Council Policy No. 20 dated March 2, 1976.