HomeMy WebLinkAbout1982-08-17; City Council; 7126; Development AgreementsCITV 3F CARLSBAD - AGENDA dlLL
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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.
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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
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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.
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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
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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.
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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
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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 .
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(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
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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. ///
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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
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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.
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(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
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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
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provided in this chapter.
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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)
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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 ....
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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