HomeMy WebLinkAbout1986-03-04; City Council; 8473-3; Public Hearing/Extension of Ordinance 9791OF CARLSBAD — AGEND BILL
3/4/86
TITLE:
PUBLIC HEARING/EXTENSION OF URGENCY
ORDINANCE 9791/INTERIM LAND USE
CONTROLS .
DEPT.
CITY ATTY^
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RECOMMENDED ACTION:
Staff is recommending that the City Council ADOPT Ordinance No.
9801 , extending Interim Ordinance No. 9791 until July 20,
1986.
ITEM EXPLANATION
On January 21, 1986, the City Council adopted Interim Urgency
Ordinance No. 9791 establishing temporary land use controls pending
Council consideration of more permanent programs to implement the
recommendations of the Citizens Committee for Review of the Land
Use Element and several related growth management proposals
recently approved by the Council. The interim ordinance prohibited
the acceptance of new applications for a six month period and put a
hold on certain previously approved projects.
Because Ordinance 9791 was an interim urgency ordinance, it is only
valid for 45 days unless a public hearing is held to consider
extending the length of the ordinance (up to another 10 months and
15 days). This public hearing will allow the Council to extend the
ordinance to July 20, 1986 as originally intended.
Staff is making significant progress on developing permanent
measures to implement the new land use proposals. A draft outline
of a new growth management program has been scheduled for Council
review. All of the recommendations of the Citizens Committee have
been assigned and are being worked on. Therefore, staff is
recommending that the interim ordinance be extended to July 20,
1986.
EXHIBITS
1 Ordinance No.9801
2. Urgency Interim Ordinance No. 9791
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ORDINANCE NO.9801
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AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA ADOPTED AS AN
URGENCY MEASURE EXTENDING ORDINANCE NO. 9791 AND
THE TEMPORARY LAND USE CONTROLS IMPOSED BY IT,
AND ESTABLISHING TEMPORARY LAND USE CONTROLS
PENDING CONSIDERATION BY THE CITY COUNCIL OF
ZONE CODE AMENDMENTS, ZONE CHANGES, AND GENERAL
PLAN AMENDMENTS, TO PERMANENTLY IMPLEMENT THE
COMPREHENSIVE DEVELOPMENT MANAGEMENT SYSTEM IN
IN THE CITY OF CARLSBAD.
WHEREAS, since January 1985, the City of Carlsbad has
been undertaking a comprehensive review of the Land Use Element
of its General Plan, and
WHEREAS, on August 6, 1985, the City Council adopted
Interim Ordinance No. 9766, imposing certain temporary land use
controls on property within the City of Carlsbad consistent with
the recommendation of the citizens committee which reviewed the
Land Use Element, and
WHEREAS, on September 3, 1985, the City Council adopted
an Interim Ordinance No. 9771 which extended the restrictions of
Ordinance No. 9766 until July 20, 1986, and
WHEREAS, on December 10, 1985, the City Council approved
in concept several land use proposals not contained in the
committee report which require modification to the City's General
Plan and zoning ordinances including: periodic review of all
existing master plans, immediate review of the La Costa Master
Plan, application of new land use plan density ranges to existing
master plan areas, prohibiting certain identified open space from
being used to calculate permitted densities, establishment of an
urban land reserve and a public facilities phasing programs to be
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used in conjunction with the development of a public facilities
adequacy program previously approved by the City Council; and
WHEREAS, during public hearings on residential
development projects in recent months, it has become apparent
that there are critical shortages in certain public facilities
including, but not limited to, circulation systems and parks
which must be remedied in order to accommodate any new
residential development, and
WHEREAS, on January 14, 1986, the City Council heard
testimony from its staff and a large number of other people
interested in the development of the City, and determined that in
order to eliminate the facilities shortages and to protect the
community character and quality of life in Carlsbad, it is
necessary to establish a development management system and public
facilities, improvements and services phasing plans (phasing
plans) within the City of Carlsbad as outlined in Agenda Bill No.
8973-1 and in the testimony of the Planning Director, and
WHEREAS, on January 21, 1986 the City Council adopted
Ordinance No. 9791; and
WHEREAS, a duly noticed public hearing to consider the
extension of Ordinance No. 9791 and the controls imposed thereby
was scheduled for the City Council meeting of March 4, 1986; and
WHEREAS, because only three of the five members of the
City Council were present at the Council meeting of March 4,
1986 the public hearing to consider the extension of Ordinance
No. 9791, and the controls imposed thereby, was continued until
March 11, 1986 the next available City Council meeting date; and
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WHEREAS, on March 12, 1986 the City Council held a
public hearing to consider the extension of the restrictions
imposed by Ordinance No. 9791 until July 20, 1986 as
contemplated by Ordinance No. 9791; and
WHEREAS, after consideration of the evidence presented
at the public hearing the Council determined that the public
health, safety and welfare required that adoption of this
ordinance for the reasons stated herein; and
WHEREAS, continued development without a development
management system and phasing plans may result in significant
adverse impacts on public facilities, including but not limited
to the circulation system, parks, schools and open space which
would impact the health, safety and welfare of the City of
Carlsbad and degrade the quality of life and environment of the
City; and
WHEREAS, the development of such a system and plans
without placing restrictions on processing of development
applications would severely strain the staff capabilities of the
City's Planning Department; and
WHEREAS, placing a hold on certain development
processing in the City, would allow the planning staff the
necessary time to develop the development management system and
phasing plan; and
WHEREAS, continued processing and approval of
development applications during the preparation of a development
management system and phasing plans would severely prejudice the
ability of the City to establish methods for remedying shortages
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identified by the plan or from fully implementing the
recommendations prepared by the Planning Department, and would
result in the adverse impacts to the public health, safety and
welfare; and
WHEREAS, placing a temporary hold on development will
allow the City to analyze all of the potential impacts of a
development management system and phasing plans including
environmental impacts, and impacts on regional welfare and
regional housing opportunities in a comprehensive manner and
without prejudice to the development of such a program; and
WHEREAS, a temporary hold on development will not
adversely affect the environment but will allow full
consideration of impacts of future development during the
preparation of the development management system and phasing
plans while continued acceptance, processing or approval of
development applications could impact the City's environment;
and,
WHEREAS, a temporary hold on development will not affect
the regional housing opportunities since certain previously
approved development will be allowed to proceed; and
WHEREAS, this ordinance is consistent with the City's
General Plan and will allow full and careful consideration of
appropriate general plan amendments; and
WHEREAS, the City Council has determined for the reasons
stated above, that the public health safety and welfare will be
protected only by adoption of this Urgency Ordinance to place a
temporary hold on development processing pending the preparation
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and consideration of a development management system and phasing
plans for the City of Carlsbad; and
WHEREAS, imposition of the public facilities
requirements of the development management system and phasing
plans on development occuring after January 21, 1986 is necessary
to protect the public health, safety and welfare, to preserve the
quality of life in Carlsbad, to assure compliance with the
Carlsbad General Plan and zoning ordinances and to protect the
environmental quality in the city in the immediate and long range
future; and
WHEREAS, this ordinance is adopted pursuant to Sections
36937(b) and 65858(a) of the California Government Code; and
WHEREAS, it is the intent of the City Council, that the
restrictions contained in this ordinance shall expire on July 20,
1986, the same date that the development restrictions of
Ordinance No. 9771 expire,
NOW, THEREFORE, the City Council of the City of
Carlsbad, California does ordain as follows:
SECTION 1: That the above recitals are true and
correct, and Ordinance No. 9791 and the restrictions imposed
thereby are extended as provided herein.
SECTION 2: Notwithstanding, any provisions of the
Carlsbad Municipal Code to the contrary, the submission
processing or approval of any application for any entitlement for
development, whether discretionary or ministerial, pursuant to
Title 11, Chapter 11.06; Title 18, Chapter 18.04; Title 20; or
Title 21 of the Carlsbad Municipal Code is prohibited except as
follows: c
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1. Applications may be accepted, processed and approved
for: (A) minor subdivisions (4 units or less), (B) redevelopment
permits, (C) projects by governmental agencies, (D) industrial or
commercial projects, (E) variances in the R-1 zone.
2. Building and other ministerial development permits
issued under Title 11 or Title 18 of the Carlsbad Municipal Code
may be issued for: (A) projects in the Village Redevelopment
zone, (B) minor subdivisions, (C) commercial and industrial
projects, (D) projects for which a final map had been approved by
the City Council on or before January 21, 1986, (E) projects
located in the northwest quadrant of the City and identified as
infill projects on the map and incorporated herein by this
reference, labeled Exhibit "A", dated January 14, 1986 and on
file in the Planning Department and (F) projects for which
construction has started prior to January 14, 1986 on all or part
of the project and which are shown, "as developing" on the map
labeled Exhibit "A". The City Council may by Resolution add
projects to those shown on Exhibit "A", upon a finding that they
qualify. To qualify for an exception under this paragraph all
other discretionary permits must have been approved for the
project and be valid at the time the building permit issues.
3. Final maps for commercial or industrial projects and
projects identified in Subsection 2(E) and (F) of this section.
4. Projects for which a complete application in
substantial conformance with City requirements for a
discretionary approval under Title 20 or 21 was on file with the
City prior to or on January 14, 1986, may be processed and
approved provided, however, that no final map or building permit
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VINCENT F. BIONDO, JR.ATTORNEY - CITY OF CAR!1200 ELM AVENUEARLSBAD, CALIFORNIA 92C>- O!„_
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shall be issued for such projects during the period in which this
ordinance is effective. The projects which qualify for
processing under this section are listed on Exhibit "B" which is
attached hereto and made a part hereof.
SECTION 3: As a condition of approval of any building
permit issued after January 21, 1986 pursuant to Section 2 of
this ordinance, the applicant shall agree to pay any increase in
the public facilities fee or additional tax on new construction
or the development fees established by the City Council prior to
July 20, 1986.
SECTION 4: Prior to the expiration of this ordinance, a
property owner or owners may submit and the City Council may
adopt by resolution, a development management system and phasing
plan for specific areas of the City. After adoption of such a
system and plan, the City Council may allow final maps, building
and other ministerial development permits to be issued for
projects in the areas covered by that system and plan; provided,
however, that the City Council may by resolution impose as a
condition of the issuance of building permits for such
developments, any conditions or requirements identified in the
development management system and phasing plan for the area.
Those conditions must be satisfied prior to the time building
permits are issued.
As a condition of approval of any permits pursuant to
this section, the applicant shall agree to abide by any
additional requirements established by the development management
system and phasing plans ultimately adopted by the City. Nothing
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in this section shall be construed to preclude the City from
adopting additional or different requirements for an area as part
of the permanent citywide development management system and
phasing plans.
SECTION 5: The requirements of this ordinance are
imposed as zoning restrictions for all property in the City.
SECTION 6: The City Manager and Planning Director are
directed to process the necessary General Plan and zone code
amendments to implement the policies and programs established by
the City Council on August 6, 1985, September 3, 1985, December
10, 1985, and January 14, 1986, and January 21, 1986.
SECTION 7: Santa Fe Knolls Unit III CT 85-5 and
Tamarack Point CT 84-14, shall be exempt from this ordinance
because of the City and developers previous commitments to an
outstanding low and moderate income housing bond issue.
DECLARATION OF URGENCY: This ordinance is hereby
declared to be an emergency ordinance adopted as an urgency
measure to protect the public health, safety and welfare, and
shall take effect immediately upon its adoption. The facts
constituting the emergency are set forth above and represent a
threat to the public health, safety and welfare of the citizens
of Carlsbad.
EFFECTIVE DATE: This ordinance shall be effective
immediately upon passage and shall be of no further force and
effect after July 20, 1986 unless extended by Council prior to
that date. The City Clerk of the City of Carlsbad shall certify
to the adoption of this ordinance and cause it to be published
once in the Carlsbad Journal within 15 days after its adoption.
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INTRODUCED, PASSED AND ADOPTED at a/reguYardmeeting of
the City Council of the City of Carlsbad held on the 12th day of
March , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
[NCENT F.'-SlOflDO, JR.
City Attorney
/ U^y-tMARY" H. c
ATTEST:
_.&£&£*>. K., /?Q— ,_-^-_^^^ALETHA L. RAUTENKRANZ, City jflerk
EXHIBIT *B'
PLAHHIHG COMMISSION AGKHDA
TENTATIVELY SCHKDOLKD AS OF JAHUARY 14, 1986
* - JABDARY 22, 1986
GPA/LU 86-1 (Amendment to Master Plans)
CT 84-41/PUD-77 (Alga Hills)
GPA 85-13/ZC-342 (City of Carlsbad-Alga Hills)
ZCA-187 (City of Carlsbad-Parking Standards)
CUP-280 (Carlsbad School District)
CUP-275 (Pacific Bell)
AV 85-8 (Beilbey)
SDP 84-8(A) (Brehm)
CUP-245 (Western Bankers)
(Request for Extension)
* - FEBRUARY 5, 1986
Planning Corrmission
SP-186(A) (Economy Inns)
CT 85-23/CP-320 (Hosp Grove)
ZCA-189 (Hotel & Motel Standards)
Design Review Board
RP 85-7 (Pucci)
RP 85-18 (Carlsbad Inn Tennis Club)
* - FEBRDARY 26, 1986
Planning Corrmission
CT 85-29/PUD-94/SDP 82-3(A)/
CUP-278 (Poinsettia Village)
SDP 85-7 (Levante Properties)
CT 85-36 (Oceanview Estates)
Design Review Board
RP 85-19 (California Builders)
APRIL 9, 1986
SDP 85-11 (Alicante View Apartments)
CT 85-16/PUD-85 (Lancaster Townhonves)
* MEETING CLOSED
SUBMITTAL
DATE HOLDIHG
'11/15/83 EIR 83-10/GPA/LU 83-19/
ZC-295 (Bressi Ranch)
11/15/83 GPA/LU 83-18/ZC-294 (Bressi)
3/23/84 RP 84-7 (Town Square)
5/10/84 PCD-62 (Navarra Apts.)
1/9/85 CT 85-1/CP-307 (La Costa Townhomes)
1/4/85 ZC-324/GPA/LU 85-1/MP-176 (South Coast Park)
1/22/85 GPA/LU 85-2/MP-177/CT 85-35 (HPI)
2/13/85 CT 85-12/SP-198 (County - Faraday Business Park)
3/14/85 EIR 85-2/ZC-328/CT 85-25 (Rancho Del Cerro)
4/25/85 CUP-274 (Hughes Tech. Center)
5/3/85 CT 85-17/ZC-331/SP-199 (College Business Park)
5/10/85 EIR 85-3/MP-179/ZC-332 (Evans Point)
9/19/84 CUP-261 (Pacific Coast Hotel)
8/9/85 GPA/LU 85-9/ZC-338 (Seapointe-Carlsbad)
8/5/85 PCD-88 (La Costa Village Apartments)
8/23/85 CUP-276 (Boys & Girls Club)
8/21/85 CT 85-27/PUD-92 (Kelly Ranch - Area E)
8/21/85 CT 85-26/PUD-91 (KeUy Ranch - Area I)
9/10/85 CT 85-34/ZC-341 (View Point) (Formerly Mola)
9/11/85 CT 85-28/CP-321 (La Costa Valley Terrace)
9/3/85 RP 85-17 (Johnston)
10/4/85 CT 85-32/PUD-93 (CRC - Series 10,000)
10/17/85 MP-134(C)/CT 85-33/ZC-339/
SDP 85-14 (Scripps Memorial Hospital)
10/24/85 ZC-340/SP-200 (Carlsbad Airport
Business Center)
11/6/85 CUP-279 (Chevron)
11/7/85 GPA/LU 85-12 (Coast Waste Management)
11/22/85 SDP 85-17 (Brodine)
11/20/85 CUP-281 (Jefferson House II)
11/13/85 CUP-205(A) (Crazy Burro)
11/20/85 SDP 85-16 (Robert Hale)
11/27/85 SP-25(C)/CUP-282 (Rockwell's)
11/21/85 SP-180(C) (Carlsbad Research Center)
12/4/85 CUP-283 (Union Oil)
11/13/85 SDP 85-20 (Forsyth)
11/27/85 CT 85-38/PUD-96 (BLEP - Phase III)
12/11/85 RP 85-22 (Trautman)
1/7/86 SP-201 (Ponto Drive Specific Plan)
11/15/85 SDP 85-15/CT 85-37/PUD-95
(Batiquitos Lagoon Educational Park, Phase II)
12/12/85 CT 85-39/PUD-97 (Laurel Tree)
PKHDIBG ISSOB DETERMINATION
1/14/86 CUP-194(3) (Aquaculture Systems Intl.)
1/13/86 SDP 86-1 (Crehan Condos)
1/10/86 CUP-284 (7-Eleven)
1/13/86 CT 86-2/PUD-98 (Carrillo Ranch I)
1/14/86 ZC-343/CT 86-3/PUD-99 (Hillebrecht Property)
1/14/86 MP-139(C) (Rancho Carrillo)
1/14/86 GPA/LU 86-2 (Rancho Carrillo)
1/14/86 CT 86-4/PUD-100/V-370 (Connole Construction)
1/14/86 SDP 86-4 (Pacific Rim Resorts)
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ORDINANCE NO.9791
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA ADOPTED AS AN
URGENCY MEASURE ESTABLISHING TEMPORARY LAND
USE CONTROLS PENDING CONSIDERATION BY THE CITY
COUNCIL OF ZONE CODE AMENDMENTS, ZONE CHANGES
AND GENERAL PLAN AMENDMENTS, TO PERMANENTLY
IMPLEMENT THE COMPREHENSIVE DEVELOPMENT MANAGEMENT
SYSTEM IN THE CITY OF CARLSBAD.
WHEREAS, since January 1985, the City of Carlsbad has
been undertaking a comprehensive review of the Land Use Element
of its General Plan, and
WHEREAS, on August 6, 1985, the City Council adopted
Interim Ordinance No. 9766, imposing certain temporary lajid use
controls on property within the City of Carlsbad consistent with
the recommendation of the citizens committee which reviewed the
Land Use Element, and
WHEREAS, on September 3, 1985, the City Council adopted
an Interim Ordinance No. 9771 which extended the restrictions of
Ordinance No. 9766 until July 20, 1986, and
WHEREAS, on December 10, 1985, the City Council approved
in concept several land use proposals not contained in the
committee report which require modification to the City's General
Plan and zoning ordinances including: periodic review of all
existing master plans, immediate review of the La Costa Master
Plan, application of new land use plan density ranges to existing
master plan areas, prohibiting certain identified open space from
being used to calculate permitted densities, establishment of an
urban land reserve and a public facilities phasing programs to be
used in conjunction with the development of a public facilities
adequacy program previously approved by the City Council, and
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VINCEN1TY ATTORNE1200CARLSBAD,O
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WHEREAS, during public hearings on residential
development projects in recent months, it has become apparent
that there are critical shortages in certain public facilities
including, but not limited to, circulation systems and parks
which must be remedied in order to accommodate any new
residential development, and
WHEREAS, on January 14, 1986, the City Council heard
testimony from its staff and a large number of other people
interested in the development of the City, and determined that in
order to eliminate the facilities shortages and to protect the
community character and quality of life in Carlsbad, it is
necessary to establish a development management system and public
facilities, improvements and services phasing plans (phasing
plans) within the City of Carlsbad as outlined in Agenda Bill No.
8973-1 and in the testimony of the Planning Director, and
WHEREAS, continued development without a development
management system and phasing plans may result in significant
adverse impacts on public facilities, including but not limited
to the circulation system, parks, schools and open space which
would impact the health, safety and welfare of the City of
Carlsbad and degrade the quality of life and environment of the
City, and
WHEREAS, the development of such a system and
plans without placing restrictions on processing of development
applications would severely strain the staff capabilities of the
City's Planning Department, and
WHEREAS, placing a hold on certain development
processing in the City, would allow the planning staff the
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necessary time to develop the development management system and
phasing plan, and
WHEREAS, continued processing and approval of
development applications during the preparation of a development
management system and phasing plans would severely prejudice the
ability of the City to establish methods for remedying shortages
identified by the plan or from fully implementing the
recommendations prepared by the Planning Department, and would
result in the adverse impacts to the public health, safety and
welfare, and
WHEREAS, placing a temporary hold on development will
allow the City to analyze all of the potential impacts of a
development management system and phasing plans including
environmental impacts, and impacts on regional welfare and
regional housing opportunities in a comprehensive manner and
without prejudice to the development of such a program, and
WHEREAS, a temporary hold on development will not
adversely affect the environment but will allow full
consideration of impacts of future development during the
preparation of the development management system and phasing
plans while continued acceptance, processing or approval of
development applications could impact the City's environment,
and;
WHEREAS, a temporary hold on development will not affect
the regional housing opportunities since certain previously
approved development will be allowed to proceed, and
WHEREAS, this ordinance is consistent with the City's
General Plan and will allow full and careful consideration of
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appropriate general plan amendments, and
WHEREAS, the City Council has determined for the reasons
stated above, that the public health safety and welfare will be
protected only by adoption of this Urgency Ordinance to place a
temporary hold on development processing pending the preparation
and consideration of a development management system and phasing
plans for the City of Carlsbad, and
WHEREAS, imposition of the public facilities
requirements of the development management system and phasing
plans on development occuring after January 21, 1986 is necessary
to protect the public health, safety and welfare, to preserve the
quality of life in Carlsbad, to assure compliance with the
Carlsbad General Plan and zoning ordinances and to protect the
environmental quality in the city in the immediate and long
range future.
WHEREAS, this ordinance is adopted pursuant to Sections
36937(b) and 65858(a) of the California Government Code, and
WHEREAS, it is the intent of the City Council, that the
restriction contained in this ordinance shall expire on July 20,
1986, the same date that the development restrictions of
Ordinance No. 9771 expire.
NOW, THEREFORE, the City Council of the City of
Carlsbad, California does ordain as follows:
SECTION 1: That the above recitals are true and
correct.
SECTION 2: Notwithstanding, any provisions of the
Carlsbad Municipal Code to the contrary, the submission
processing or approval of any application for any entitlement for
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development, whether discretionary or ministerial, pursuant to
Title 11, Chapter 11.06; Title 18, Chapter 18.04; Title 20; or
Title 21 of the Carlsbad Municipal Code is prohibited except as
follows :
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1. Applications may be accepted, processed and approved
for: (A) minor subdivisions (4 units or less), (B) redevelopment
permits, (C) projects by governmental agencies, (D) industrial or
commercial projects, (E) variances in the R-1 zone.
2. Building and other ministerial development
permits issued under Title 11 or Title 18 of the Carlsbad
Municipal Code may be issued for: (A) projects in the Village
Redevelopment zone, (B) minor subdivisions, (C) commercial and
industrial projects, (D) projects for which a final map had been
approved by the City Council on or before January 21, 1986, (E)
projects located in the northwest quadrant of the City and
identified as infill projects on the map and incorporated herein
by this reference, labeled Exhibit "A", dated January 14, 1986
and on file in the Planning Department and (F) projects for which
construction has started prior to January 14, 1986 on all or part
of the project and which are shown, "as developing" on the map
labeled Exhibit "A The City Council may by Resolution add
projects to those shown on Exhibit "A" , upon a finding that
they qualify.
3. Final maps for commercial or industrial projects and
projects identified in Subsection 2(E) and (F) of this section.
4. Projects for which a complete application in
substantial conformance with City requirements for a
discretionary approval under Title 20 or 21 was on file with the
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City prior to or on January 14, 19P6, may be processed and
approved provided, however, that no final map or buildino permit
shall be issued for such projects during the period in which this
ordinance is effective. The projects which qualify for
processing under this section are listed on Exhibit "B" which is
attached hereto and made a part hereof.
SECTION 3: As a condition of approval of any building
permit issued after January 21, 1986 pursuant to Section 2 of
this ordinance, the applicant shall agree to pay any increase in
the public facilities fee or additional tax on new construction
or the development fees established by the City Council prior to
July 20, 1986.
SECTION 4: Prior to the expiration of this ordinance, a
property owner or owners may submit and the City Council may
adopt by resolution, a development management system and phasing
plan for specific areas of the City. After adoption of such a
system and plan, the City Council may allow final maps, building
and other ministerial development permits to be issued for
projects in the areas covered by that system and plan; provided,
however, that'the City Council may by resolution impose as a
condition of the issuance of building permits for such
developments, any conditions or requirements identified in the
development management system and phasing plan for the area.
Those conditions must be satisfied prior to the time building
permits are issued.
As a condition of approval of any permits pursuant to
this section, the applicant shall agree to abide by any
additional requirements established by the development management
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system and phasing plans ultimately adopted by the City. Nothing
in this section shall be construed to preclude the City from
adopting additional or different requirements for an area as part
of the permanent citywide development management system and
phasing plans.
SECTION 5: The requirements of this ordinance are
imposed as zoning restrictions for all property in the City.
SECTION 6: The City Manager and Planning Director are
directed to process the necessary General Plan and zone code
amendments to implement the policies and programs established by
the City Council on August 6, 1985, September 3, 1985, December
10, 1985, and January 14, 1986, and January 21, 1986.
SECTION 7: Santa Fe Knolls Unit III CT 85-5 and
Tamarack Point CT 84-14, shall be exempt from this ordinance
because of the City and developers previous commitments to an
outstanding low and moderate income housing bond issue.
DECLARATION OF URGENCY: This ordinance is hereby
declared to be an emergency ordinance adopted as an urgency
measure to protect the public health, safety and welfare, and
shall take effect immediately upon its adoption. The facts
constituting the emergency are set forth above and represent a
threat to the public health, safety and welfare of the citizens
of Carlsbad.
EFFECTIVE DATE: This ordinance shall be effective
immediately upon passage and shall be of no further force and
effect 45 days after its adoption unless extended by Council
prior to that date. The City Clerk of the City of Carlsbad shall
certify to the adoption of this ordinance and cause it to be
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VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARI1200 ELM AVENUECARLSBAD, CALIFORNIA 92(H H M H HCO -3 O> tn iF*19
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published once in the Carlsbad Journal within 15 days after its
adoption. The City Clerk is further directed to schedule a
public hearing for consideration of the extension of this
ordinance within 45 days after its effective date. It is the
Council's intention to, after said public hearing to extend this
ordinance until July 20, 1986.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad held on the 21st day of
January 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
ABSENT: None
AF^OVED^IS/TQ) FORM .AND /LEGALITY
City Attorney /' ) / / ^~
MARY HJ CASLER, Mayor
ATTEST:
X^, J /? _^,_
ALETHA L. RAUTENKRAN*^Clty~"Sl.erk
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0)
u MARCH 6, 1986
t-i
& TO: FRANK ALESHIRE, CITY MANAGERo4-J
m FROM: Planning Director
CC
w OUTLINE OF GROWTH MANAGEMENT PROGRAM
T3
«)
•U
O
0)
•H on January 21, 1986, the City Council adopted Interim Ordinance
"° No. 9791 and directed staff to start working to integrate the
a proposals contained in the Ordinance into the City's growth
management program. Staff indicated that a more detailed outline
I of the program would be prepared and brought back to the Council
M so that it could be distributed for comment from the public and
° the development community. Attached is a draft outline and
overview of staff's recommended program. It should be emphasized
c that the proposals are still in the conceptual stage. It is
a anticipated that the program will evolve and become more refined
M particularly with respect to required information, format and
c public facility adequacy standards as comments are received,
a additional work is completed by staff, and proposals complying
•g with the program are submitted by the development community.
is
£jj After your review, I think it would be appropriate to schedule
^ _ the outline for the next available City Council meeting. The
«^ Planning Commission could be invited to attend. Staff would
O-H present the outline for conceptual approval. A thirty day
o ^ comment period could then commence. At the conclusion of the
e< & comment period, staff would incorporate any appropriate
jH£ refinements and bring the proposal back for formal Council
« > adoption.
*T3 &-(Q)£ >p Staff could also be prepared when the outline is presented to the
o^T3 City Council, to provide an overview and status report of the
g-o other land use and growth management proposals that have already
«> ^ been approved, or that are pending City Council approval. This
rH ^ would give everyone an overall picture of all the new programs
y^ that have recently been approved by the Council.
3 -U
u & Submitted by:
vO
00
I
CN
I
m MICHAEL J. HOLZMILLER
MJH/ar
Attachments
GROWTH MANAGEMENT PROGRAM
DRAFT OUTLINE AND OVERVIEW
Goals and Objectives
The goals used by staff in preparing the outline for the program
were as follows:
1. Develop a program that requires more upfront, longer-term
planning for public facilities, services and infrastructure
so that they are provided concurrent with need. The program
should have as its basis, a system for planning,
coordinating, funding and constructing public facilities.
2. Develop a program that attempts to avoid critical
deficiencies or inadequacies in services and facilities with
no way to correct. In this respect, a primary emphasis of
the program should be on establishing public and private
financing mechanisms to ensure that adequate funds are
available to provide the facility when it is needed.
3. Develop a program that allows the City Council to guide the
location and extent of growth in the City through capital
facilities programming and financing (i.e, CIP, Assessment
Districts, PFFf Impact Fees and developer contributions).
4. Relate the features of the program to recommendations made
by the Citizens Committee for Review of the Land Use
Element, particularly:
A) Refine and expand the public facilities management
program;
B) Implement programs already contained in the Land Use
Element; and
C) Provide for an annual report on the impacts of growth.
5. Develop a program that incorporates and consolidates the
basic elements and intent of the three-part growth
management proposal approved in concept by the City Council
on December 10, 1985: Urban Land Reserve, Public Facilities
Phasing Program and Public Facilities Adequacy Program.
6. Develop a program that provides for an informational source
and data base that can be used to ensure the adequacy of
public facilities and that can be integrated with existing
informational sources: PFMS monitoring reports, mapping and
graphic programs and other ongoing centralized informational
systems.
7. Develop a program that attempts to coordinate the City's
process for public facility planning with other agencies and
special districts (i.e, schools, water, sewer).
Outline of Program
1. City divided into three Developmental Status Categories:
I - Urbanized, II - Urbanizing and III - Future Urbanizing.
Boundaries of the areas are shown on Attachment 1 and a
description of the categories and criteria is provided on
Attachment 2. A larger map showing more precise boundaries
of the areas is available for review in the Planning
Department.
2. City divided into 25 Developmental and Community Facilities
Management Zones. Boundaries of the zones are shown on
Attachment 3 and a description of the zones and criteria is
provided on Attachment 4. A larger map showing more
precise boundaries of the zones is available for review in
the Planning Department.
3. New development (additional project approvals or building
permits for approved projects not exempted from Ordinance
9791) is not permitted in any zone until a Developmental and
Community Facilities Management Program (Phasing Progam) is
prepared for the zone. The required information and a
sample format for the management program is provided on
Attachment 5. Staff will prepare a community facilities
inventory and recommend a program for the zones located in
Developmental Status Category I (Urbanized). As soon as
this is completed, additional development will be permitted
to proceed in these zones. For all other zones, the zone
developer or property owners shall prepare the management
program for City review and approval.
4. Public Services and Facilities required to be addressed in
the Developmental and Community Facilities Management
Program are contained on Attachment 6.
5. In order to develop the phasing schedule part of the
Developmental and Community Facilities Management Program
for each zone, community wide facility adequacy standards
are being recommended for adoption. Recommended standards
and a description are contained on Attachment 7.
6. An annual monitoring report shall be prepared for each zone.
The information required to be provided in the annual report
is contained on Attachment 8. If it is determined by the
City Council that facility inadequacies exist, additional
development shall not be permitted in the zone until the
inadequacy is corrected.
7. The annual monitoring reports shall be reviewed at the same
time that the City reviews and adopts the Capital
Improvement Program (CIP), the general budget, the formation
of any new assessment districts, and a Public Facilities Fee
(PFF) budget (a new budgeting process being recommended by
staff). In this way, these financing sources and methods
can be coordinated and the City Council can decide the
City's involvement and participation in correcting
inadequacies in public facilities and services, thereby,
determining where additional growth will occur. Priorities
for City involvement shall be as follows:
1st Priority - Capital Projects in Developmental
Status Category I
2nd Priority - Capital Projects in Developmental
Status Category II
3rd Priority - Capital Projects in Developmental
Status Category III
8. The annual monitoring reports for each zone shall be
consolidated and coordinated with the annual "Impact of
Growth" report prepared by the ongoing Citizens Committee as
recommended by the Citizens Committee for Review of the Land
Use Element of the General Plan.
9. A summary of the key features of the Growth Management
Program and a flow chart is provided on Attachment 9.
10. The framework of the program implements the intent of the
three part growth management proposal approved by the City
Council on December 10, 1985 as follows:
Urban Land Reserve - The program encourages infill
development by:
A) Staff preparing the program for areas in Category I
(Urbanized). As soon as this is completed, new
development will be allowed to proceed in these areas;
B) Priority for City involvement and capital facilities
programming is given to areas in Development Status
Category I (Urbanized);
C) The Developmental and Community Facilities Management
Programs for zones located in Developmental Status
Categories II and III (Urbanizing and Future Urbanizing)
will require more detailed and longer-term planning.
The program for these zones will also require more
cooperation and concurrence from the property owners in
the zone. If a program cannot be agreed-upon,
additional development cannot proceed in these zones;
D) In order to meet certain of the adequacy standards,
facilities and services in Developmental Status
Categories II and III which require longer-term planning
must be scheduled for construction within a specified
period of time. Additional development would not be
permitted in these areas unless the construction of the
facility starts within the specified time period.
Public Facilities Phasing - The program requires a
Developmental and Community Facilities Management Program
(Phasing Program) for each zone in the City. This will
require more "upfront" planning and decision-making to
ensure that needed public facilities and services are
provided concurrent with the level and amount of approved
development. It will also help to ensure that a funding
source is available to finance the public improvement by
requiring the integration of public and private financing
and where applicable, by requiring developer funds to be
deposited with the City as development is approved.
Public Facilities Adequacy - The program recommends
community-wide, quality adequacy standards. If these
standards are being exceeded, development can be stopped in
the zone until the inadequacy is corrected. An
informational and monitoring system is proposed to determine
compliance with the standards.
TTACHMENT 1
Developmental Status Map
CATEGORY I: URBANIZED
CATEGORY II: URBANIZING
CATEGORY III: FUTURE URBANIZING
ATTACHMENT 2
(Page 1)
DEVELOPMENTAL STATUS CATEGORIES
City divided into three categories based upon their overall
developmental status, level of urbanization and existing level of
adequacy of public facilities and services. The three categories
and the criteria used as a guide for each one is as follows:
I. Urbanized
1. Older developed areas of City.
2. Primarily developed or immediately contiguous or
surrounded by developed areas.
3. Additional development considered infill.
4. Public facilities basically adequate for level of
anticipated, additional development.
5. Infill requirements in terms of completing
public facilities or infrastructure.
II. Urbanizing
1. Some development in area.
2. Newer developing area of City.
3. Some level of planning already completed (i.e,
existing master plan).
4. Adjacent to or considered a logical extention of
a Category I (Urbanized) area.
III. Future Urbanizing
1. Very little or no development.
2. Isolated from existing services and facilities.
3. Isolated from existing development (i.e, not
immediately adjacent to or surrounded by a
Category I or II area (Urbanized or Urbanizing).
4. No existing master plan or existing master plan
outdated.
7
ATTACHMENT 2
(Page 2)
The significance of the categories is as follows:
A) Required degree of detail and level of the sophistication
for preparation of a Developmental and Community Facilities
Management Program (see Attachment 5). Additional detail
and planning will be required in order to prepare a
management program for the category in which an area or
property is located.
Specific Public
Facility/Service
Requirements
(WHAT)
Phasing - Timing
of Public Facility
/Service Require-
ment (WHEN)
Funding Source/
Mechanism For
Requirement
(HOW)
Category II
Category II X
Category III X X
X - Detailed Planning Needed
B) City staff to prepare proposed management program for
Category I (Urbanized) areas. Priority for preparing and
reviewing management programs for other categories is
proposed to be as follows:
1st Priority - Category II (Urbanizing)
2nd Priority - Category III (Future Urbanizing)
C) Priority for determining City involvement and level of
participation in providing facilities or correcting
inadequacies (i.e, capital facilities programming,
assessment district formation, bond financing) is proposed
to be as follows:
1st Priority - Category I (Urbanized)
2nd Priority - Category II (Urbanizing)
3rd Priority - Category III (Future Urbanizing)
(B) and (C) above will tend to favor and encourage infill
development.
* TVTACHMENT 3
Developmental and Community
Facilities Management Zones
ZONES 1-6 URBANIZED
ZONES 7-12 URBANIZING
ZONES 13-25 FUTURE URBANIZING
ATTACHMENT 4
DEVELOPMENTAL AND COMMUNITY FACILITIES
MANAGEMENT ZONE BOUNDARIES
For developmental and community facilities management and
planning purposes the City was divided into 25 zones. These
would be similar but on a smaller scale to what some cities call
community planning areas. The criteria that was used as a guide
for determining the boundaries of the zones was as follows:
1. Boundaries of existing master plans
2. Boundaries of pending master plans
3. Boundaries of potential future master plan areas
4. Availability of public facilities and services
5. Public facility relationships especially the City's
planned major circulation network
6. Special district boundaries where appropriate
7. Location with respect to the three developmental status
categories (urbanized, urbanizing and future
urbanizing)
ATTACHMENT 5
(Page 1)
INFORMATION FOR DEVELOPMENT AND COMMUNITY
FACILITIES MANAGEMENT PROGRAM
A Development and Community Facilities Management Program shall
be prepared for each zone. The zone developer or property owners
in Developmental Status Categories II and III (Urbanizing and
Future Urbanizing) shall prepare the Program for City review and
approval. The program shall cover the entire zone and shall
consist of maps, graphs, tables and narrative explanations in a
format sufficient to provide the following information:
What
When
How
Specific improvement requirements for each facility
and service. Specifics for all ten
facilities/services must be provided. Improvement
requirements for certain facilities may overlap
and, therefore, may have to be coordinated with
other zones (i.e, circulation). Estimated cost of
the facility shall be provided when applicable.
Maximum amount or level of developmental activity
(i.e, number of units) which can be considered
before specific requirement must be satisfied
(Phasing). In some cases, an anticipated date for
providing the facility may be required.
Specifics on the mechanisms to provide the
facilities (i.e, funding sources or methods). This
must be provided in sufficient detail to show that
the mechanisim is adequate to provide the facility
concurrent with the approved phasing. Although it
is recognized that certain specific improvements
will be made in conjunction with a specific
development project (conventional subdivision
process), other mechanisms for providing overall,
community or zone facilities must be addressed.
Possible methods or sources of financing include
direct developer funding and construction,
reimbursement agreements, assessment districts, PFF,
impact fees. Where developer contributions are
required to finance facilities which are to be
constructed at a future time, the funds should be
deposited with the City beginning with the initial
unit of development in an amount sufficient to fund
the facility when it is required by the phasing
program.
ATTACHMENT 5
(Page 2)
One of the key elements in the Developmental and Community
Facilities Management Program is in setting forth the methods and
sources for the financing of all required facilities and
services and in correlating the financing with the amount or
level of permitted development (phasing) so that adopted adequacy
standards are never exceeded. In this regard, the underlying
premise is that new development will pay for required facilities
with a method that guarantees that the funding will be available
to provide the facility when it is needed.
A simplified example of an outline for the format of a
Developmental and Community Facilities Management Program would
be as follows:
Developmental & Community Facilities Zone No.
Management Program Developmental Status
Category :
Facility/
Service
Specific
Requirements
Estimated
Costs Phasing
Funding
Source
ATTACHMENT 6
PUBLIC FACILITIES AND SERVICES TO BE ADDRESSED
Services
1. Sewer
2. Water
3. Drainage
4. Circulation
5. Fire
6. Police
7. Administration (General Gov't)
8. Parks
9. Library
10. Schools
/3
ATTACHMENT 7
(Page 1)
ADEQUACY STANDARDS
In order to develop adequacy standards (community-wide standards
which should not be exceeded) for each of the services and
facilities to be addressed in the required phasing plans, staff
attempted to refine and expand the service standards that are
presently included as part of the existing Public Facilities
Management System (PFMS). Although each facility or service is
unique in terms of standards, it was determined that the services
could be grouped into three general categories as follows:
1) There are facilities that need to be in place before
development occurs within a particular developmental and
community facilities management zone. These are services that
are essential before development can proceed (i.e, sewer, water).
The adequacy standard for these facilities should be "up-front"
or prior to development; 2) There are facilities that need to be
supplied concurrent with a specific amount of demand. These are
services where the public health, safety and welfare start to
suffer if a certain level of service is not met (i.e,
circulation, police, fire). The adequacy standard for these
facilities would be an adopted "service level"; and 3) There are
facilities that need to be planned for and supplied within a
certain period of time after initial development in the area.
These are "quality of life" services that need to be planned for
in advance of development but may be provided over time (parks,
libraries, administrative facilities). The adequacy standard for
these facilities would vary depending on population or other
criteria. The standard would be a "timing" standard. The
facility must be scheduled, the funding committed and the
construction guaranteed within a specified period of time (i.e,
five years). This means that development in the zone would be
conditioned upon the facility or service meeting the standard and
scheduled to be constructed as part of an adopted capital
program.
Based upon the above analysis, staff is proposing the standards
contained in the following table:
ATTACHMENT 7
(Page 2)
TABLE 1
Facility
Sewer
Water
Drainage
Circulation
Fire
Police
Adequacy Standard
1. Adequate trunk line capacity to meet
demand for entire Developmental and
Community Facilities Management (DCFM)
Zone must be provided for prior to any
development.
2. Sewer plant capacity is deemed
adequate for at least a five year
period.
1. Adequate line capacity to meet demand
for entire Developmental and Community
Facilities Management (DCFM) Zone must
be provided for prior to any
development.
2. A minimum 10 day storage capacity in
overall system.
Adequate drainage facilities must be
provided for as required by the City in
the approved Master Drainage Plan.
No road segment or intersection impacted*
by development in the zone shall exceed a
level of service C during off-peak hours,
nor level of service D during peak hours.
* Impacted - 20% or more of the traffic
generated by the Developmental and
Community Facilities Management (DCFM)
Zone will use the road segment or
intersection.
No more than 1500 units outside a five
minute response time.
1.35 officers/1000 population
ATTACHMENT 7
(Page 3)
City 1500 sq.ft./1000 population must be
Admin. Fac. scheduled for construction within
specified time period (i.e, five years).
Parks 2 acres of community park/1000 population
in park district must be scheduled for
construction within specified time period
(i.ef five years).
Library .6 sq.ft/person must be scheduled for
construction within specified time period
(i.e, five years).
Schools School capacity to meet projected
enrollment as determined by the school
district must be scheduled for
construction within specified time period
(i.e, five years).
Where an adequacy standard is being met in a zone and the City or
other public agency involved decides not to participate in
providing a needed facility, the developer may elect to front the
cost of the facility in order to meet the adequacy standard and
request future reimbursement or credit.
ATTACHMENT 9
(Page 1)
Developmental & Community Facilities
Management Program For Each Zone
Annual Monitoring Report
For Each Zone
Growth Impact
Report from
On-going
Citizens
Committee
Formation of
Assessment Districts
Adoption of
General Budget
Adoption of
Capital
Improvement
Program
Adoption of
PFF Budget
City Council Guides
Growth
Public Facilities Adequacy
Program
Individual Project Review
And Ongoing Informational
Source and Data Base
ATTACHMENT 9
(Page 2)
KEY FEATURES OF GROWTH MANAGEMENT PROGRAM
I. No new development in any zone until Developmental and
Community Facilities Management Program adopted for zone.
II. Annual growth monitoring and facilities analysis report
required for each zone. Adequacy of facilities and services
reviewed.
III. Review of annual reports for each zone consolidated with
annual review and adoption of capital improvements program
(CIP), public facilities fee budget, general city budget,
assessment districts, impact of growth report from citizens
committee, and public facilities management system (PFMS)
report. In this way, City can more directly manage and
guide growth.
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, 5S
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 CdMsbdd JoUITIBl a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San 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 San 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
NOTICE IS HEREBY GIVEN that
the City Council of the City of Carls-
bad will hold a public hearing on
Tuesday, March 4,1986, at 6:00 P.M., •in the City Council Chambers, 1200
Elm Avenue, Carlsbad, to consider
extending the provisions of Ordi-
nance No. 9791, which establishes
temporary' land use controls pend-
ing consideration by the City Coun-
cil of zone code amendments, zonechanges and general plan amend-
ments to permanently implement.,
the comprehensive developmentmanagement system in the City of
Carlsbad. If approved, the provi-
sions of Ordinance No. 9791 will be
extended until July 20, 1986.
Applicant: City of Carlsbad
CARLSBAD CITY COUNCILCJ 4941: February 22, 1986
February 22,1986,
19
19.
19
19.
*202-2M-9-85
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, County of San Diego,
State of California on the 22ndday of February, 1986