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HomeMy WebLinkAbout1982-08-17; City Council; 7126; Development AgreementsCITV 3F CARLSBAD - AGENDA dlLL \B# 71 2 6 MTG. 8/17/82 PL DEPT. TITLE: APENDMENT OF THE ZONING ORDINANCE - DEVELOPMENT AGREEMENTS - ZCA-146 I CITY MGR& RECOMMENDED ACTION: Both the Planning Staff and the Planning Commission recommend that this amendment be APPROVED. If Council concurs your action is to introduce Ordinance No. 96 %3 ITEM EXPLANATION This is a request to amend the Zoning Code by adding a new chapter which would provide the authority and procedures for the city to consider entering into a development agreement. The chapter would only be applicable to proposed housing developments for persons of low to moderate income pursuant to the city's Housing Element. This item is being considered at the direction of the City Council. Late last year, the Council reviewed and conceptually approved an "Incentive Housing Program" proposed by the Chamber of Commerce Housing Committee. The program proposes that the city consider expedited processing and flexible application of development standards as methods to reduce the cost of housing. The planning staff is continuing to work on methods to achieve that goal. One part of that program was the adoption of the Planned Development Ordinance. Another is the proposed adoption of an ordinance authorizing development agreements. A development agreement assures the developer that the city won't change the zoning standards for a specific time period. The agreement would also identify any concessions made by the city as well as the controls to be imposed by the city. Although a development agreement cannot, by itself, provide flexible standards, when used with other zoning techniques it assures the city that the trade-offs it expects in return for the flexible standards are provided. The City Council directed staff to prepare an enabling ordinance for development agreements. Attached Exhibit "A" is the development agreement ordinance prepared by staff and recommended by the Planning Commission. The ordinance would provide the mechanism for preparing a develoment agreement if the city ever wishes to utilize an agreement to approve an affordable housing program. ENVIRONMENTAL REVIEW This amendment has already been considered in conjunction with previously certified environmental documents and a Notice of Prior Environmental Compliance was issued on July 12, 1982. FISCAL IMPACT This amendment will not create any fiscal impacts. r AB# 7/2b DATE 8/17/82 DEPT PL EXHIBITS A) PC Resolution No. 1993, with attached Exhibit "A" B) Staff Report dated July 28, 1982 d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2c 21 22 22 24 2E 2E 27 2E PLANNING COMMISSION RESOLUTION NO. 1993 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.70 TO PROVIDE FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-146 WHEREAS, the Planning Commission did, on the 28th day of Tuly, 1982, hold a duly noticed public hearing as prescribed by law :o consider said request; and a # I~EREAS, at said public hearing, upon hearing and consider- ing all testimony and arguments; if any, of all persons desiring to )e heard,'said Commission considered all factors relating to the tone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: 4) That the above recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-146, according to Exhibit "A", dated July 28, 1982, attached hereto and made a part hereof, based on the following findings: ?indinqs: 1) That the proposed amendment is consistent with the General Plar because it will provide a mechanism to help implement adopted goals and action programs of the Housing Element. . 2) That approval of this amendment in conjunction with other provisions of the Zoning Ordinance, including the recently .- adopted Planned Development Ordinance, will permit the city to consider allowing flexible application of development standards for an affordable housing project if the city desires to do so . 3) That the environmental effects of the project have been addressed in conjunction with previously certified environ- mental documents and the Planning Director has issued a Notice of Prior Compliance. . .. 1 2 3 4 5 6 7 a 9 la 31 12 12 t 14 1E 17 1€ 1C 2c 21 22 2: 24 2E 2E 27 2€ PASSED, LIPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 28th day of July, 1982, by the following vote, to wit: ATTEST : AYES: Chairman Farrow, Commissioners Marcus, Rombotis, Schlehuber, Jose, Friestedt and Rawlins. NOES : None. ABSENT: None. ABSTAIN: None. VERNON J. FARROW, Jr,, Chairman CARLSBAD PLANNING COMMISSION . 1- I --. - CARLSBAD PLANNING COMMISSION - PC RES0 NO. 1993 -2- DATE : TO : FROM : SUBJECT: I. STAFF REPORT July 28, 1982 Planning Commission Planning Department ZCA-146 - CITY OF CARLSBAD - An amendment to the Zoning Ordinance to provide for consideration of development agreements. PROJECT DESCRIPTION AND BACKGROUND Late last year, the City Council reviewed and conceptually approved an "Incentive Housing Program'' proposed by the Chamber of Commerce Housing Committee. The program could be used to provide affordable housing units without direct public subsidy. The program allows the city to consider expedited processing and flexible application of development standards as methods to reduce the cost of housing. In order to provide the specifics for a project utilizing the program, a "development agreement" would be negotiated and entered into between the developer and the city. The City Council directed staff to prepare and process an amendment to the Zoning Code which would create a development agreement ordinance which, when used in conjunction with other provisions of the Zoning Ordinance, would make the provision of affordable housing more feasible. This ordinance (attached Exhibit "A") would provide the authority and procedures for preparing a development agreement if the city ever wishes to utilize an agreement to approve an affordable housing project. 11. ANALYSIS This is a request to add a new chapter to the Zoning Ordinance which would provide the authority and procedures for the city to consider a development aureement. The chapter would only be applicable to proposed housing developments for persons of low to moderate income pursuant to the city's Housing Element. If the city wished to enter into a development agreement in order to approve a proposal to construct an affordable housinq project, the agreement would indicate the specifics of the project as negotiated by the developer and the city. The agreement would identify any concessions made by the city as well as the controls to be imposed by the city. Approval of the development agreement ordinance will provide a mechanism which could help implement some of the adopted goals and programs of the Housing Element. 1 111. ENVIRONMENTAL REVIEW The Planning Director has determined that the environmental effects of this project have been reviewed in conjunction with previously certified environmental documents and, therefore, a Notice of Prior Environmental Compliance was issued on July 12, 1982. IV. RECOMMENDATION It is recommended that the Planning Commission Adopt Resolution No. 1993 recommending APPROVAL of ZCA-146 to the City Council based on the findings contained therein. ATTACHMENTS 1. PC Resolution No. 1993 2. Exhibit "A" dated July 28, 1982 MJH : kb 7/21/82 -2- 13 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9643 -- AN ORDINAJSCE OF "3 CITY (3XJXIL OF "€3 CITY OF CAFGSBAD, CALIFOIWIA, AMENDING TITLE 21 OF THE cARLSBAD MJbTICIPAL CODE BY Ti ADDITIOX OF CE3AFTER 21.70 lQ PROVIDE FOR CDNSIDER9TION OF DlWEIDl?I%WI' A-. The City Council of the City of Carlsbad, California does ordain as follaws: SD2TIm 1: That Title 21 of the Carlsbad Municipal Code is hereby mended by the addition of Chapter 21.70 to read as follms: Chapter 21.70 LSections : 21.70.005 21.70.010 21.70.020 21.70.030 21.70.040 21.70.050 21.70.060 21.70.070 21.70.080 21.70.090 21.70.100 21.70.110 21.70.120 21.70.130 21 70.14 0 21.70.1.50 2L70.160 21.70.005 Authority for adoption. Forms and informtion. Fees. Qualification as an applicant. Proposed form of agrearent. ~evia7 of awlication. Transmittal to Planning Ccrrrmission. Planning Cummission Reprt. Decision by City Council. Approval of Developrent Agrmts . Required notice. Irregularity of proceedings. &rendrent and cancellation of agremt by mutual consent. &cordation. Periodic review. Procedure for periodic revim. Mfication for tea.tion. Autlioritv for adODtion -- atmlicabilitv. "his dlapter I__p is adopted ~mder the authori';; of Cav&t Coi& Sections 65864-65869.3. This chapter shall be applicable only to housing developrrents for persons of lm to rrderate income which bplmmt the Housing Elmt of the Carlsbad General Plan, 21.70.010 Foms and informtion. (a) Except as otherwise provided h this Chapter, the Planning Director s,bU prescribe the form for each application, notice and docmmt provided for or rcquhed under this chapter for the preparation and inplmtation of develowt agreemnts . 1 2 3 4 5 6 7 8 9 10 12 0 a 2.9 20 21 22 23 24 25 26 27 28 (b) The Planning Director may require an applicant to submit such information and supporting data as the Planning Director considers necessary to process the application. 21.70.020 Fees. (a) A fee established by City Council resolution shall be paid by the applicant at the time of f i 1 ing the appl icat ion. applicant from the obligation to pay any other fee for a city approval, permit or entitlement required by this code. (b) Nothing in this chapter shall relieve the 21.70.030 Qualification as an applicant. Only a qualified appli.car,t may file an applicati-on to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The Planning Director shall require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application the Planning Director shall 0btai.n the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. 21.70.040 Proposed form of agreement, Each - application shall be accompanied by the form of development agreement proposed by the applicant. The City Council may adopt by resolution a standard form of development agreement. The applicant may choose to use the standard form and include specific proposals for changes in or additions to the language of the standard form. The proposed agreernent shall contain all the elements required by Government Code Section 65865.2 and may include any other provisions permitted by law, including requirements that the applicant provi.de sufficient security approved by the City Attorney to ensure provision of public Facilities. 21.70.050 Review of application. (a) The Planning Director shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. (b) The Planning Director shall review the application and proposed agreement and shall prepare a report and recommendation to the Planning Commission on the agreement. application and proposed agreement to the City Attorney for review. The City Attorney shall prepare a report and recommendation to the Planning Commission on the agreement. application and proposed agreement for projects providing housing for persons of low and moderate income to the Housing and Redevelopment Advisory Committee for review. The Committee shall prepare a report and reconunendation to the Planning Commission on the agreement. The Committee may, but need not, hold a public hearing on the agreement. (c) The Planning Director shall forward a copy of the (d) The Planning Director shall forward a copy of the -2- 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 3.5 16 17 18 19 20 21 22 23 24 25 26 27 28 21.70.060 Transmittal to Planning Commission. The Planning Director shall transmnTt the appiication to the Planning Cornmission for a public hearing when ,all the necessary reports and recommendations are completed. Notice of the public hearing shall. be given as provided in this chapter. The application for a development agreement may be considered concurrently with other discretionary perinits for the project. /// /// /// /// /// //I /// /// /// /// /// /// /// /// /I/ I// /// /// /// /// /// /// /// /// -3- 7 1: ti 20 21 22 23 24 25 26 27 28 21.70.070 Planning Commission report. After a public ---- hearing, the Planning Comnissior, shall consider the application and prepare a report and recommendation for the City Council. The report and recommendation shall include findings on the matters stated in Section 21.70.080(b). This report and recommendation shall be forwarded to the City Clerk who shall set the matter for public hearing before the Cj-ty Council. 21.70.086) Decision by City Council. (a) After the City Council completes the public hearing, it may approve, modify or disapprove the development agreement. It may refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation, The Planning Commission need not hold a public hearing on matters referred back to it by the City Council. agreement unless it finds that the agreement: general land uses and programs specified in the general plan and any applicable specific plan; the regulations prescribed for, the land use district in which the real property is located and all other provisions of Title 21 of this code. welfare and good land use practices; and general welfare; of property or the preservation of property values; Code Sections 65864-65869.5. manner consistent with the general plan. of Title 20 of this code. (b) The City Council shall not approve the development (1) Is consistent with the objectives, policies , (2) Is compatible with the uses authorized in, and (3) Is in conformity with public convenience, general (4) Will not be detrimental to the health, safety (5) Will not adversely affect the orderly development (6) Is consistent with the provisions of Government (7) Ensures provision of public facilities in a (8) When applicable, is consistent with the provisions 21.70.090 Approval of development agreements. If the City Council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the Mayor to execute the agreement- after the effective date of the ordinance on behalf of the City. Before execution, each agreement shall be approved as to form by the City Attorney. 21.70.100 Required notice. (a) Notice of public hearing required by this chapter shall be given as provided in Section 21.54,060 of this code. (b) The notice requirement referred to in subsection (a) is declaratory of existing law (Government Code Sections 65867, 65854, 65854.5 and 65856). If state law prescribes a different notice requirement, notice shall be given in that manner. by law or these regulations, does not affect the authority of the City to enter into a development agreement. (c) The failure of any person to receive notice required - 4, IC 11 12 n d E G 18 19 20 21 22 23 24 25 26 27 28 21.70.110 Irregularity in proceedings. No action, inaction or recornnerdation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission as t.o my matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown. 21.70.120 Amendment and cancellati-on of agreement by mutual consent. (a) Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. The amendment or cancellation permitted by this section must be by mutual consent of the parties. amendment to or cancellation in whole or in part of the develop- ment agreement is the same a.s the procedure for entering into an agreement in the first instance. However, where the City initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceed- ings at Least thirty days in advance of the giving of public notice of the hearing to consider the amendment or cancellation. -- (b) The procedure for proposing and adoption of an - 21.70m130 Recordation. (a) Within ten days after the City enters into-the development agreement, the City Clerk shall have the agreement recorded with the County Recorder. (b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement the City Clerk shall have notice of such action recorded with the County Recorder. 21.70.1413 Periodic review. (a) The City Council shall review the development agreement every twelve months from the date the agreement is entered into. (b) The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways: (1) Recommendation of the Planning Director. (2) Resolution of intention by the Planning (3) Commission. Resolution of intention of the City Council. (c) The Planning Director shall begin the review proceeding by giving written notice that the City Council intends to under- take a periodic review of the development agreement to the property owner. He shall give the notice at least ten days - 5- 1 2 3 4 5 6 7 8 9 10 11 12 R' c u 18 19 20 21 22 23 24 25 26 27 28 in advance of the time at which the matter will be considered by the Council. Commission for review and reconmiendation. (d) The City Council may refer the matter to the Planning 21.70.150 Procedure for periodic review. (a) The City Council or the Planning Cornmission, if the matter has been referred, shall conduct a public review hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement. (c) If the City Council finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, no other action is necessary. of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under review, the Council may initiate proceed- ings to modify or terminate the agreement.. (b) The. City Council. shall determine upon the basis of (d) If the City Council finds and determines on the basis '21.70.160 Modification or termination. (a) If upon a finding under Section 21.70.150id) Council determines to modify or terminate the agreement, the Council shall give notice to the property owner of its intention so to do. The notice shall state: (1) The time and place of the hearing. (2) A statement as to whether or not the Council (3) Other information which the Council considers proposes to terminate or to modify the development agreement; necessary to inform the property owner of the nature of the proceedings. Such notice may be given at the conclusion of the hearing held according to Section 21.70.150. (b) At the time and place set for the hearing on modifi- cation or termination, the property owner shall be given an opportunity to be heard. The Council may refer the matter back to the Planning Commission for further proceedings or for repcrt and recommendation. The Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final. -- 21.70.170 No damages on termination. -- (a) In no event shall the applicant or his successors in interest be entitled to any damages against the City upon termination of the agreement. 21.70.180 No vesting of rights. Approval and construction of a portion or phase of a development pursuant to the agreement shall not vest any rights to construct the remainder or any other portion of the development nor create any vested rights to the approval thereof if the agreement is terminated as r - 6- c 1 2 3 4 5 6 7 a 9 10 21 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provided in this chapter. 4 21.70.190 Reservation of rights. The City Council of the Cityof-rlsbad reserves the riglit to terminate or mod,fv any development agreement after a public hearing if such termination or modification is reasonable and necessary to protect the public health, safety or welfare." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST WAD at a regular meeting of the Carlsbad City Council held on the 17th day of AU@st ? 1982, and thereafter PASSED, APPROVED A3D ADOPTED at a regular meeting of said Council held on the 7th day of September ) 1982, by the following vote, to wit: Council Menribem Casler ) &%is ) Kulchin) Chick and hear AYES : NOES : None ABSENT: None ATTEST: rk (SEAL) -7- Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 0 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING ZCA-148 NOTICE IS HEREBY GlVENqthat the City Council of the City ofCarl% bad will hold a public heanng at the City Cbuncil Chambers, 1200 Elm Awnue. Carlsbad. California, at 6MV,bl., on Tuesday, AWst 17. 1982, 4o.consider.a zone cdde amendment to add a new section to tho Zoning Ordinance which would provide the authority for the City to enter into a development agree- ment for a housing project for per- sons of low to moderate income. Applicant. City of Carlsbad CARLSBAD CITY COUNCIL CJ W37b: Auast 4,1982 - - -~ 2M-4182 ........... 4vgu.s.t. 4. ........... 19. .82 ................................. 19 .... ................................ 19 ................................. 19 .... ................................ 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on -4th day of ust 1983 *-. cYJ& L4iAJ Clerk ode Printer NOTICE OF PUBLIC HEARING ZCA-146 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, August 17, 1982, to consider a zone code amendment to add a new section to the Zoning Ordinance which would provide the authority for the City to enter into a development agreement for a housing project for persons of low to moderate income. APPLICANT: City of Carlsbad PUBLISH : August 4, 1982 CAP-LSBAD CITY COUNCIL -. % . NP-3 OF PUBLIC HEARING -. + A- 'J NCXICE IS HEREBY GIVEN that the Planning Ccmrnission of the City of Carlsbad Will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, July 28, 1982, to consider approval of a zone code amendment to add a new section to the Zoning Ordinance which would provide the authority for the city to enter into a development agreement for a housing project for persons of law to moderate income. Those persons wishing to speak on this praposal are mrdidlly invited to attend the public hearing. Planning Department at 438-5591. .', If you have any questions please call the CASE FILE: ZCA-146 APPLICANII: CITY OF CN!XSBAD PUBLISH: July 17, 1982 b