HomeMy WebLinkAbout1986-06-24; City Council; 8661-1; Growth Management OrdinanceCI' OF CARLSBAD — AGENL BILL
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MTG. 6/24/86
DEPT. CA
TITLE:
GROWTH MANAGEMENT ORDINANCE
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RECOMMENDED ACTION:
If the City Council concurs your action is to introduce Ordinance
No. 9808_ and introduce and adopt Ordinance No. fffO
ITEM EXPLANATION
The City Council at your meetings of June 11 and June 12, 1986
directed our office to make certain revisions to the growth
management ordinance. That has been done as follows:
Page 2
Page 4
Pages
5 & 6
Page 6
Page 8 -
Page 10 -
Page 18 -
Typographical corrections.
Subsection (2): Single family lot exception expanded to
allow one nonowner-occupied house.
Subsection (6): The exception for commercial and
industrial projects has been expanded.
Subsection (7): The exception for hospitals has been
deleted.
Subsection (9): New public utility exception.
Subsection (10): New adjustment plat exception.
Subsection (11): New exception for minor subdivisions in
northwest quadrant with a limitation on residential
permits.
Subsection (g): The provision for Sammis and other
similarly situated projects has been revised.
Subsection (h): The provision for Hunt and other
similarly situated projects has been revised.
Typographical corrections.
Subsection (c)(2): The reference to five, ten and fifteen
year phasing plans has been deleted.
A new Section 3 has been added to make the work program
for implementing growth management which the Council
approved at your meeting of June 17 a part of the
ordinance.
The Council should review these pages and satisfy yourselves that we
have correctly incorporated your intentions in the matter. If
Council concurs, your action is to introduce Ordinance No. 9808.
We have also prepared an ordinance containing the substance of the
growth management ordinance as contained in No. 9808 in the form of
an urgency ordinance. The Council should review the statements in
the ordinance constituting the urgency and, if satisfied, it is our
recommendation that you also adopt Ordinance No. 9 f( O . This
ordinance will cover the gap between the July 20, 1986 expiration of
interim Ordinance No. 9791 and the August 1, 1986 effective date
of Ordinance No. 9808. A four-fifths vote is required.
Agenda Bill No. ^(D 6> / "
June 24, 1986
Page 2
In view of the Council's past actions regarding the Sammis and Hunt
projects in my opinion the Council has made the finding that those
projects may be processed in accord with subsections 21.90.030(g) and
21.90.030(h) subject to their compliance with the reguirements of
those sections. No further Council action is necessary after your
adoption of the ordinances.
EXHIBITS
Ordinance No. 9808
Urgency Ordinance No. °l?l O
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ORDINANCE NO.9808
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.90 ESTABLISHING A GROWTH MANAGEMENT
PROGRAM FOR THE CITY
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21 is amended by the addition of
Chapter 21.90 to read as follows:
"Chapter 21.90
Growth Management
Sections:
21.90.010
21.90.020
21.90.030
21.90.031
21.90.032
21.90.033
21.90.040
21.90.050
21.90.060
21.90.070
21,
21,
21,
21,
21,
21,
21,
90
90
90
90
90
90
90
.080
.090
.100
.110
.120
.125
.130
21.90.140
21,
21,
21,
21,
90,
90,
90,
90,
150
160
170
180
21.90.190
Purpose and intent.
Definitions.
General prohibition, exceptions.
Tolling of time for consideration of
applications submitted before the effective
date of this chapter.
Tolling of expiration of previously issued
development permits.
Extensions of prior approvals prohibited.
Compliance with this chapter required.
Establishment of local facilities management
fee.
Special provisions for building permits
issued during temporary moratorium.
Finding of health, safety and welfare
necessary for the fees imposed by sections
21.90.050 and 21.90.060.
Performance standard.
Citywide facilities and improvements plan.
Local facilities management zones.
Contents of local facility management plans.
Facilities management plan prepartion.
Facilities management plan processing.
Implementation of facilities and
improvements reguirements.
Obligation to pay fees or install
improvements reguired by any other law.
Implementing guidelines.
Exclusions.
Council actions, fees, notice.
Expiration of chapter.
Severability.
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21.90.010 Purpose and intent.
(a) It is the policy of the City of Carlsbad to:
(1) Provide Quality housing opportunities for all
economic sectors of the community;
(2) Provide a balanced community with adeauate
commercial, industrial, recreational and open space areas to
support the residential areas of the City;
(3) Ensure that public facilities and improvements
meeting City standards are available concurrent with the need
created by new development;
(4) Balance the housing needs of the region
against the public service needs of Carlsbad residents and
available fiscal and environmental resources;
(5) Encourage infill development in urbanized
areas before allowing extensions of public facilities and
improvements to areas which have yet to be urbanized;
(6) Ensure that all development is consistent with
the Carlsbad general plan;
(7) Prevent growth unless adeguate public
facilities and improvements are provided in a phased and logical
fashion as reguired by the general plan;
(8) Control of the timing and location of
development by tying the pace of development to the provision of
public facilities and improvements at the times established by
the citywide facilities and improvements plan.
(b) The City Council of the City of Carlsbad has
determined despite previous City Council actions including but
not limited to, amendments to the land use, housing, and parks
and recreation elements of the general plan, amendments to City
Council Policy No. 17, adoption of traffic impact fees, and
modification of park dedication and improvement reguirements,
that the demand for facilities and improvements has outpaced the
supply resulting in shortages in public facilities and
improvements, including but not limited to streets, parks, open
space, schools, libraries, drainage facilities and general
governmental facilities. The City Council has further determined
that these shortages are detrimental to the public health, safety
and welfare of the citizens of Carlsbad.
(c) This chapter is adopted to ensure the
implementation of the policies stated in subsection (a), to
eliminate the shortages identified in subsection (b), to ensure
that no development occurs without providing for adeguate
facilities and improvements, to regulate the pace of development
thereby ensuring a continued supply of housing over a period of
years and to continue the guality of life for all economic
sectors of the Carlsbad community.
(d) This chapter will further the policies, goals and
objectives established herein by reguiring identification of all
public facilities and improvements reguired for development, by
prohibiting development until adeguate provisions for the public
facilities and improvements are made by developers of projects
within the City, and by giving development priority to areas of
the City where public facilities and improvements are already in
place (infill areas).
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(e) This chapter replaces the temporary moratorium on
processing and approval of development projects imposed by City
Council Ordinance No. 9791.
21.90.020 Definitions.
(a) Whenever the following terms are used in this
chapter they shall have the meaning established by this section
unless from the context it is apparent that another meaning is
intended:
(1) "Citywide facilities and improvements plan"
means a plan prepared and approved according to Section 21.90.090
identifying those facilities and improvements reguired on a
citywide basis to serve the projected population of the City as
established by the general plan and providing an outline and
budget for financing certain facilities and improvements which
will be provided by the City.
(2) "Development permit" means any permit,
entitlement or approval whether discretionary or ministerial
issued under Title 20 or 21 of this code and any legislative
actions such as zone changes, general plan amendments, or master
plan approval or amendment.
(3) "Development" means any use to which land is
put, building or other alteration of land and construction
incident thereto.
(4) "Facilities" means any schools, parks, open
space, or recreational areas or structures providing for fire,
library, or governmental services, identified in a facilities
management plan.
(5) "Improvement" includes traffic controls,
streets and highways, including curbs, gutters, and sidewalks,
bridges, overcrossings, street interchanges, flood control or
storm drain facilities, sewer facilities, water facilities and
lighting facilities.
(6) "Local facilities management plan" means a
facilities management plan defined by Section 21.90.120 for a
local facilities management zone which is established according
to Section 21.90.100.
21.90.030 General prohibition, exceptions.
(a)Unless exempted by the provisionsofthis chapter
no application for any building permit or development permit
shall be accepted, processed or approved until a citywide
facilities and improvements plan has been adopted and a local
facilities management plan for the applicable local facilities
management zone has been submitted and approved according to this
chapter.
(b) No zone change, general plan amendment, master plan
amendment or specific plan amendment which would incease the
residential density or development intensity established by the
general plan in effect on the effective date of this chapter
shall be approved unless an amendment to the citywide facilities
management plan and the applicable local facilities management
plan has first been approved.
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(c) The classes of projects or permits listed in this
subsection shall be exempt from the provisions of subsection (a).
Development permits and building permits for these projects
shall be subject to any fees established pursuant to the citywide
facilities and improvement plan and any applicable local
facilities management plan.
(1) Redevelopment projects.
(2) Projects consisting of the construction or
alteration of a single dwelling structure for a family on a lot
owned by the family intending to occupy the structure, or not
to exceed one nonowner-occupied house per individual for one or
more lots owned prior to July 20, 1986.
(3) Building permits and final maps for projects
identified in Section 2(F) of Ordinance No. 9791 (projects for
which construction had commenced and were designated on the map
marked Exhibit A to Ordinance No. 9791 "as developing").
(4) Building permits for projects for which all
required development permits were issued or approved on or before
January 21, 1986. If all required development permits were
issued for a portion of the project only, the exemption shall
apply to that portion.
(5) Building permits for projects for which all
required development permits were issued or approved before July
20, 1986 and for which building permits could .have been issued
under Ordinance No. 9791. If all required development permits
were issued for a portion of the project only, the exemption
shall apply to that portion.
(6) Commercial and industrial projects with
approved development permits or with a complete application on
file with the City prior to June 11, 1986 for such permits. New
permits for commercial and industrial projects located within an
area that has been previously approved for such uses may also be
processed and approved.
(7) Projects by nonprofit entities for structures
and uses for youth recreational, educational or guidance programs
such as boys and girls clubs or private schools.
(8) Zone changes or general plan amendments
necessary to accomplish consistency between the general plan and
zoning, to implement the provisions of the Local Coastal Plan or
which the City Council finds will not increase the public
facilities or services and which are initiated by the City
Council or Planning Commission.
(9) Public utility facilities and improvement
projects without accommodations for permanent employees are
exempt from the provisions of this chapter unless the City
Council determines they are of sufficient size and scale to
impact public facilities.
(10) Adjustment plats.
(11) Development permits for minor subdivisions
located in the northwest quadrant of the City as defined in
Ordinance No. 9791. Building permits for commercial or
industrial construction on lots in such subdivisions may be
approved. Residential building permits will not be approved for
lots in such subdivisions unless otherwise exempt under this
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chapter except one permit for a nonowner-occupied lot may be
approved for each such subdivision.
(d) The provisions of this subsection apply to final
maps and other development permits for projects with a tentative
map approved before July 20, 1986 which are not included in the
exemptions listed in subsection (c).
(1) If a tentative map or tentative parcel map wa
approved on or before January 21, 1986 then, after approval of
the citywide facilities plan, a final map or parcel map may be
processed and approved before the adoption of a local facility
management plan. The expiration period for those tentative maps
shall be tolled until the citywide plan is adopted. The
expiration of any development permits issued in conjunction with
those maps shall be tolled until the applicable local facilities
management plan is approved or, two years after the date the
citywide plan is approved, whichever occurs first.
(2) If a tentative map or tentative parcel map wa
approved after January 21, 1986 and before July 20, 1986, but the
approval of final map or parcel map was prohibited by Ordinance
No. 9791 then approval of final maps and parcel maps is
prohibited until after preparation of the applicable local
facilities management plan. The expiration period of those
tentative maps and tentative parcel maps, and any other
development permits issued in conjunction with the maps shall be
tolled until the local facilities management plan is approved,
or two years after date the citywide facilities and improvements
plan is approved, whichever occurs first.
(e) The exemption for projects listed in subsection (c)
(3), (4), (5), and (6) shall expire on July 20, 1988. After that
date all development permits for those projects shall be fully
subject to the provisions of this chapter. The exemptions for
projects listed in subsection (c) (3), (4), (5), and (6) shall
apply only so long as the facilities and improvements required as
a condition to the issuance of final development permits have
been installed or are being installed pursuant to a secured
agreement. Any breach of such secured improvement agreement
shall subject any remaining building permits for the project to
the provisions of subsection (a).
(f) Final or parcel maps for projects listed in
subsection (c) (3), (4), (5), (6) and (7) which comply with all
the requirements of the Subdivision Map Act and Title 20 of this
Code which were filed with the City before July 20, 1986 may be
approved by the City Council, or City Engineer as appropriate,
after July 20, 1986. Upon approval, those projects shall be
subject to the exemption of subsection (c).
(g) The City Council may authorize the processing of
and decision making on building permits and development permits
for a project with a master plan approved before July 20, 1986
subject to the following restrictions:
(1) The City Council finds that the facilities anc
improvements required by the master plan are sufficient to meet
the needs created by the project and that the master plan
developer has agreed to install those facilities and improvements
to the satisfaction of the City Council.
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(2) The master plan developer shall agree in
writing that all facilities and improvement reguirements,
including but not limited to the payment of fees established by
.the citywide facilities and management plan and the applicable
local facilities management plan shall be applicable to
development within the master plan area and that the master plan
developer shall comply with those plans.
(3) The master plan establishes an educational
park and all uses within the park comprise an integral part of
the educational facility.
(4) Building permits for the 129 unit residential
portion of Phase I of the project may be approved provided the
applicant has provided written evidence that an educational
entity will occupy Phase I of the project which the City Council
finds is satisfactory and consistent with the goals and intent of
the approved master plan.
(5) Prior to the approval of the final map for
Phase I the master plan developer shall have agreed to
participate in the restoration of a significant lagoon and
wetland resource area and made any dedications of property
necessary to accomplish the restoration.
(h) After making the findings in paragraph 1 the City
Council may authorize the processing of and decision making on
master plans subject to the reguirements of paragraph 2. After
the grant of the easement reguired by subparagraph (h)(iv) the
tentative map for Phase I of the project, the site plan for the
commercial development and the local coastal plan amendment may
also be processed and approved. If such approvals are granted
and, subject to all other provisions of this code, grading and
building permits for construction of the golf course and first
phase of the commercial portions of the project may be processed
and approved.
The processing and approval of all other developments
and building permits within the master plan shall not occur until
after the citywide facilities plan and the local facilities
management plan have been adopted by the City Council.
(l)(i) That the master plan will provide all
necessary public facilities for the project and will cure any
facilities deficits in the area affected by the project.
(ii) That the approval will not prejudice the
preparation of the citywide facilities plan and will improve the
level of public facilities and services in the area.
(iii) That by the dedication of land and the
construction of public improvements the project will make a
significant contribution to the public facilities needs of the
city and provide for the preservation or enhancement of
significant environmental resources.
(2)(i) The master plan shall include all of the
information reguired by and implementing the provisions of
Sections 21.90.090 and 21.90.110 for the area covered by the
master plan.
(ii) The applicant shall agree in writing that al
facilities and improvement reguirements, including but not
limited to the payment of fees established by the citywide
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facilities and improvement plan and the applicable local
facilities management plan shall be applicable to development
within the master plan area and that the master plan developer
shall comply with those requirements.
(iii) The master plan applicant shall agree to
participate in the restoration of a significant lagoon and
wetland resource area.
(iv) Prior to any processing on the master plan
the applicant shall grant an easement over the property necessary
for the lagoon restoration and the right-of-way necessary for the
widening of La Costa Avenue and its intersection with El Camino
Real.
21.90.031 Tolling of time for consideration of
applications submitted before the effective date of this
chapter.
After approval of the citywide facilities and
improvement plan and the applicable local facilities management
plan applications for development permits which were accepted as
complete before the effective date of this chapter shall have
processing priority in relationship to the acceptance date.
Until the approval of the plans all applicable time limits for
processing the development permits shall be tolled.
21.90.032 Tolling of expiration of previously issued
development permits.
If a discretionary development permit, other than a
development permit issued in conjunction with a subdivision map,
issued prior to July 20, 1986 has an expiration period within
which building permits must be issued and the issuance of
building permits for the project is prohibited by this chapter
then the expiration period shall be tolled until the applicable
local facilities management plan is approved, or two years after
the date the citywide plan is approved, whichever occurs first.
21.90.033 Extensions of prior approvals prohibited.
After approval of an applicable local facilities
management plan an extension of the expiration date of any
development permit shall not be granted unless the extension is
found to be consistent with the plan. The decision making body
considering an extension may condition the extension upon
compliance with the citywide plan and applicable local
facilities management plan.
21.90.040 Compliance with this chapter.
(a)No development permit shall be approved unless the
approving authority finds that the permit is consistent with the
citywide facilities and improvements plan and the applicable
local facilities management plan. To ensure consistency the
approving authority may impose any condition to the approval
necessary to implement the plans.
(b) No building permit shall be issued unless the fees
required by this chapter, and any applicable local facilities
management plan fees are first paid, and the permit is consisten
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with the applicable local facilities management plan. As a
condition to the issuance of any building permit pursuant to
Section 21.90.030(c) the applicant shall agree to pay the
appropriate fees within 30 days of the date each fee is
established.
(c) The requirements of this chapter are imposed as a
condition of zoning on the property to ensure implementation of
and consistency with the general plan and to protect the public
health, safety and welfare by ensuring that public facilities and
improvements will be installed to serve new development prior to
or concurrently with need.
21.90.050 Establishment of local facilities management
fee.
(a) A local facilities management fee is hereby
established to pay for improvements or facilities identified in
local facilities management plan which are related to new
development within the zone and are not otherwise financed by any
other fee, charge or tax on development, or are not installed by
a developer as a condition of a building permit or development
permit. The fee may also be used to pay for that portion of the
facilities or improvements identified in the citywide facilities
and improvements plan attributed to development within the local
zone which are not financed by other means. The facilities
management fee shall be paid before the issuance of a building
permit. The amount of the fee shall be determined based upon the
estimated cost of the facility or improvement designated as
necessary to accommodate additional development within the
applicable local facilities management zone plus the estimated
cost of facilities and improvements identified in the citywide
facilities and improvement plan attributable to the local zone.
The fee shall be fairly apportioned among the new development.
(b) The fee required by this section is in addition to
any other means of financing facilities or improvements
identified by a local facilities management plan or any other
tax, fee, charge or improvement requirement which may be imposed
on the development of property under the provisions of state law
this code or City Council policy.
(c) The amount of the fee for a local facilities
management zone shall be set by City Council resolution after a
public hearing, published notice of which shall be given
according to Carlsbad Municipal Code Section 21.54.060(2) and
Government Code Section 54992.
(d) As a condition of any building or development
permit application submitted after the effective date of this
chapter the applicant shall agree to pay the fee established by
this section at the time a building permit is issued.
(e) The fee established by this section shall be leviec
at the time of issuance of a building permit.
21.90.060 Special provisions for building permits
issued during temporary moratorium.
(a) Applicantsfor projects for which building permits
were issued after January 21, 1986 and before July 20, 1986 shal
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pay the fee established by Section 21.90.050 within 30 days after
the amount of the fee is determined by the City Council. Payment
shall be made according to the agreement executed by the
applicant pursuant to Section 3 of Ordinance No. 9791.
21.90.070 Finding of health, safety and welfare
necessary for the fees imposed by Sections 21.90.050 and
21.90.060.
(a) The City Council hereby declares that payment of
the fee established and imposed by Sections 21.90.050 and
21.90.060 and installation of the facilities and improvements
identified in a facilities management plan are necessary to
achieve the policies established in Section 21.90.010 and to
implement the City's general plan. If the fees are not paid or
the facilities or improvements are not installed the public
health, safety and welfare will suffer because there will be
insufficient facilities and improvements to accommodate any new
development. This finding is based upon City Council Policy No.
17, City Council Ordinance No. 9791, and the evidence presented
at the public hearings on the ordinance adopting this chapter.
(b) If any condition imposed as a conditon of a
development permit or building permit pursuant to this chapter is
protested then the permit shall be suspended during the period of
the protest.
(c) This section is adopted pursuant to Government Code
Section 65913.5.
21.90.080 Performance standard.
The City Councilshall adopt general performance
standards for each facility or improvement listed in Section
21.90.090(b) or 21.90.110(c). Specific performance standards for
citywide facilities shall be adopted as part of the citywide
facilities and improvement plan. Specific performance standards
for each zone shall be adopted as part of the local facilities
management plan. If at any time after preparation of a local
facilities management plan the performance standards established
by a plan are not met then no development permits or building
permits shall be issued within the local zone until the
performance standard is met or arrangements satisfactory to the
City Council guaranteeing the facilities and improvements have
been made.
21.90.090 City wide facilities and improvements plan.
(a)Toimplementthe City's generalplan by securing
provision of facilities and improvements, and to ensure that
development does not occur unless facilities and improvements ar«
available the City Council shall adopt by resolution a citywide
facilities and improvements plan. The plan shall: Identify all
facilities and improvements necessary to accommodate the land
uses specified in the general plan and by the zoning; specify
size, capacity and service level performance standards for the
identified facilities and improvements; establish specific time
tables for acguisition, installation and operation of the
facilities and improvements correlated to projected population
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growth, facility and improvement performance standards, and
projected nonresidential development; identify the financing
method or methods for each facility and improvement; and
establish a facility and improvement budget for those facilities
or improvements which will be constructed or financed by the
City. The plan shall encourage infill development and reduce the
growth inducing impact of premature extension of facilities or
improvements to undeveloped areas by establishing priorities for
facility and improvement installation or financing.
(b) The citywide facilities and improvement plan shall
show how and when the following facilities and improvements will
be installed or financed as specified in subsection (c).
(1) Major sewage transmission systems and sewage
treatment plants;
(2) Major water transmission lines;
(3) Major area wide drainage facilities;
(4) Prime and Major arterials; freeway
interchanges, bridges or overcrossings;
(5) Fire facilities;
(6) Governmental administration facilities;
(7) Parks and other recreational facilities;
(8) Libraries.
(c) The plan shall include the following information
with regard to each facility and improvement listed in subsection
(b):
(1) An inventory of present and future
requirements for each facility and improvement based upon the
performance standard established for each facility and
improvement. Cost estimates shall be included. The inventory
shall be consistent with the general plan and zoning for the
area.
(2) A phasing schedule establishing the timing for
installation or provisions of facilities or improvements in
relationship to the amount of development activity (e.g. number
of dwelling units, number of sguare feet of commercial space
within the service area of the facility or improvement) and the
facility and improvement performance standards.
(3) A financing plan establishing various methods
of funding the facilities and improvements identified in the
plan. The plan shall identify those facilities and improvements
which would otherwise be provided as a requirement of processing
a development project (i.e. requirements imposed as a condition
of a development permit) or provided by the developer in order tc
establish consistency with the general plan or Titles 18, 20 or
21 of this Code, and those facilities and improvements for which
new funding methods which shall be sufficient to ensure
sufficient funds are available to construct or provide facilities
or improvements when required by the phasing schedule.
(d) The City Manager shall prepare and present the plar
to the City Council not later than one year from the effective
date of this ordinance.
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(e) Amendments to this citywide facilities and
improvements plan shall be initiated by action of the Planning
Commission or City Council.
21.90.100 Local facilities management zones.
(a) The City Council shall divide the City into
facilities management zones.
(b) The boundaries of the zones shall be established
based upon logical facilities and improvements planning,
construction and service relationships to ensure the economically
efficient and timely installation of reguired facilities and
improvements. In establishing zone boundaries the City Council
shall also be guided by the following considerations:
(1) Service areas or drainage basins;
(2) Extent to which facilities or improvements are
in place or available;
(3) Ownership of property;
(4) Boundaries of existing zoning master plans;
(5) Boundaries of pending zoning master plans;
(6) Boundaries of potential future zoning master
plan areas;
(7) Boundaries of approved tentative maps;
(8) Public facilities relationships, especially
the relationship to the City's planned major circulation
network;
(9) Special district service territories;
(10) Approved fire, drainage, sewer, or other
facilities or improvement master plans.
(c) The zones shall be established by resolution after
a public hearing notice of which is given pursuant to Section
21.54.060(2) of this code.
21.90.110 Contents of local facility management plans.
(a) A local facilities management plan shall be
prepared for each facility zone and shall cover the entire zone.
(b) The plan shall consist of maps, graphs, tables, anc
narrative text and shall be based upon the general plan and
zoning applicable within the local zone at the time of plan
approval. The local facilities management plan shall be
consistent with the citywide facilities and improvements plan anc
shall implement the citywide facilities and improvements plan
within the zone.
(c) The facilities management plan shall show how and
when the following facilities and improvements necessary to
accommodate development within the zone will be installed or
financed as specified in subsection (d).
(1) Sewer systems
(2) Water
(3) Drainage
(4) Circulation
(5) Fire facilities
(6) Schools
(7) Parks and other recreational facilities
(8) Open space
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(d) The plan shall be consistent with and implement the
citywide facilities management plan and general plan and shall
include the following information with regard to each facility
and improvement listed in subsection (c):
(1) An inventory of present and future
requirements for each facility and improvement based upon the
performance standard established for each facility. Because
improvement requirements for certain facilities and improvements
may overlap zone boundaries a discussion of the need for
coordination and a proposed coordination plan for facilities
extending from one zone to another shall be included. Cost
estimates shall be included. It must be shown that development
in the zone will not reduce the facilities or improvements
capabilities or create facilities or improvements shortages in
other zones or reduce service capability in any zone below the
performance standard which is established pursuant to Section
21.90.080. The growth inducing impact of the out of zone
improvements shall be assessed.
(2) A phasing schedule establishing the timing for
installation or provisions of facilities or improvements in
relationship to the amount of development activity (e.g. number
of dwelling units, number of square feet of commercial space,
etc.) for the facilities management zone. The phasing schedule
shall ensure that development of one area of the zone will not
utilize more than the area's prorata share of facility or
improvement capacity within that zone unless sufficient capacity
is ensured for other areas of the zone at the time of the first
development. The phasing schedule shall include a schedule of
development within the zone and a market data and cash flow
analysis for financing of facilities and improvements for the
zone. The phasing schedule shall identify periods where the
demand for facilities and improvements may exceed the capacity
and provide a plan for eliminating the shortfall. In those
situations when demand exceeds capacity and it is not feasible tc
increase the capacity prior to development, no development shall
occur unless a time schedule for and a means of increasing the
capacity is established in the plan.
(3) A financing plan establishing various methods
of funding the facilities and improvements identified in the plar
fairly allocating the cost to the various properties within the
zone. The plan shall identify those facilities and improvements
which would otherwise be provided as a requirement of processing
a development project (i.e. requirements imposed as a condition
of a development permit) or provided by the developer in order tc
establish consistency with the general plan or Titles 18, 20 or
21 of this Code, and those facilities and improvements for which
new funding methods which shall be sufficient to ensure
sufficient funds are available to construct or provide
facilities or improvements when required by the phasing schedule
Where facilities or improvements are required for more than one
zone, the phasing plan shall identify those other zones and the
plan for each zone shall be coordinated. Coordination, however,
shall not require identical funding methods.
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(4) A list or schedule of facilities requirements
correlated to individual development projects within the zone.
(e) The local facilities management plan shall
establish the proportionate share of the cost of facilities and
improvements identified in the citywide facilities and
improvement plan attributable to development of property on the
local facilities management zone.
21.90.120 Local facilities management plan
preparation.
(a) A local facilities management plan may be prepared
by the City or by the property owners within the zone according
to the procedures established by this section.
(b) The City Council, upon its own initiative, may by
resolution direct the City Manager to prepare a facilities
management plan for any zone. The City Council may assess the
cost of preparing the plan to the owners within the zone after a
hearing ten days written notice of which is given to the property
owners within the zone. The cost shall be spread prorata
according to acreage and development potential.
(c) All owners within the zone may jointly submit a
facilities management plan.
(d) For zones in which joint submission of a facilities
management plan is shown to be not feasible any owner or group of
cooperating owners within the zone may petition the City Council
to allow the owner or group of owners to prepare the plan. After
a meeting for which ten days prior written notice has been given
to the property owners within the zone, the City Council may
permit the owner or group of owners to prepare and submit the
plan. A limit based on the estimated cost of the plan shall be
determined at the time of the hearing. The actual cost shall be
determined when the plan is adopted and shall be assessed prorate
based on acreage and development potential to property within the
facilities management zone. The assessment shall be collected
the City at the time any application for a development project
within the zone is submitted. The owner or owners who prepared
the plan shall be reimbursed for the cost of the plan less the
owner's or owners' prorata share. No reimbursement shall be made
unless the plan is approved. Cost of preparation shall not
include interest.
(e) As an option to preparation by the owner or group
of owners as provided in subsection (d) the City Council may
decide to direct the City Manager to prepare the facilities
management plan. The cost of preparation shall be advanced to
the City by the requesting owner or owners, assessed to all the
owners and reimbursed as provided in subsection (d).
21.90.125 Facilities management plan processing.
(a)Facilities management plans shall be reviewed
according to the following procedure:
(1) A completed facilities management plan
complying with this chapter, and accompanied by a processing fee
in an amount established by City Council resolution, may be
submitted to the Planning Director for processing. If the
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Planning Director determines that the plan complies with the
provisions of Section 21.90.110 the director shall set a
facilities management plan for public hearing before the Planning
Commission within sixty days of receipt of a complete
application.
(2) The hearing shall be noticed according to the
provisions of Section 21.54.060(2). A staff report containing
recommendation on the plan shall be prepared and furnished to the
public, the applicant, and the Planning Commission prior to the
hearing.
(3) The Planning Commission shall hear and
consider the application for a facilities management plan and
shall by resolution prepare recommendations and findings for the
City Council. The action of the Commission shall be filed with
the City Clerk, and a copy shall be mailed to the owners within
the facility zone.
(4) When the Planning Commission action is filed
with the City Clerk, the Clerk shall set the matter for public
hearing before the City Council. The hearing shall be noticed
according to the provisions of Section 21.54.060(2).
(5) The City Council shall hear the matter, and
after considering the findings and recommendations of the
Planning Commission, may approve, conditionally approve or deny
facilities management plan. The City Council may include in the
resolution adopting the facilities management plan any fees or
facilities improvement requirements which it deems necessary to
impose on development projects within the zone in order to
implement the citywide facilities and improvement plan and the
local facilities management plan.
(b) A facilities management plan may be amended
following the same procedures for the original adoption.
(c) A local facilities management plan shall be
considered a project for the purposes of Title 19 of this Code.
Environmental documents should be processed concurrently with the
plan.
21.90.130 Implementation of facilities and improvement;
requirements.
(a) To ensure that the provisions of this chapter and
the general plan are met the following shall apply:
(1) Except as otherwise provided in this chapter nc
development permit shall be approved unless the map or permit is
consistent with the local facilities management plan and unless
provision for all facilities and improvements related to the
development project are provided or funded.
(2) No building permit shall be issued unless all
applicable fees, including but not limited to, public facilities
fees, bridge and thoroughfare fees, traffic impact fees,
facilities management fees, school fees, park-in-lieu fees, sewer
fees, water fees, or other development fees identified in the
citywide facilities and improvements plan and local facilities
management plan and adopted by the City Council have first been
paid or provision for their payment has been made to the
satisfaction of the City Council.
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(b) The citywide facilities and improvement plan and
the local facility management plan process is part of the City's
ongoing planning effort. It is anticipated that amendments to
the plans may be necessary. Adoption of a facilities management
plan does not establish any entitlement or right to any
particular general plan or zoning designation or any particular
development proposal. The citywide facilities and improvements
plan and the local facilities management plans are guides to
ensure that no development occurs unless adeguate facilities or
improvements will be available to meet demands created by
development. The City Council may initiate an amendment to any
of the plans at any time if in its discretion it determines that
an amendment is necessary to ensure adequate facilities and
improvements.
(c) If at any time it appears to the satisfaction of
the City Manager that facilities or improvements within a
facilities management zone or zones are inadequate to accommodate
any further development within that zone or that the performance
standards adopted pursuant to Section 21.90.100 are not being met
he shall immediately report the deficiency to the Council. If
the Council determines that a deficiency exists then no further
building or development permits shall be issued within the
affected zone or zones and development shall cease until an
amendment to the citywide facilities and improvements plan or
applicable local facilities management plan which addresses the
deficiency is approved by the City Council and the performance
standard is met.
(d) The Planning Director shall monitor the development
activity for each local facilities management zone and shall
prepare an annual report to the City Council consisting of maps,
graphs, charts, tables and text and which includes a
developmental activity analysis, a facilities and improvements
adequacy analysis, a facility revenue/expenditure analysis and
recommendation for any amendments to the facilities management
plan. The content of the annual report shall be established by
the City Council.
(e) The City Council shall annually review the citywide
facilities and improvements plan at the time it considers the
City's capital improvement budget.
21.90.140 Obligation to pay fees or install
improvements required by any other law.
Nothing in this chapter shall be construed as
relieving a builder, developer or subdivider from any public
improvement requirement, dedication requirement or fee
requirement which is imposed pursuant to Titles 13, 18, 20 or 21
of this code or pursuant to any City Council policy.
21.90.150 Implementing guidelines.
The City Council may adopt any guidelines it deems
necessary to implement this chapter.
21.90.160 Exclusions.
(a)Development proposals which consist of facilities,
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or structures constructed by a city, county, special district,
state, or federal government or any agency, department, or
subsidiary thereof for governmental purposes are excluded from
the provisions of this chapter. This exclusion shall not apply
to development proposals to which a possessory interest tax would
be applicable.
(b) Tentative maps the application for which was
accepted before August 6, 1985 may be approved without complying
with the plans adopted pursuant to this Chapter but any other
development permits or building permits for the project shall be
subject to the requirements of the plans. The tentative map
shall be subject to Section 21.90.030.
21.90.170 Council actions, fees, notice.
(a)Whenever this chapter requires or permits an
action or decision of the City Council, that action or decision
shall be accomplished by a resolution.
(b) The City Council shall establish application and
processing fees for the submission and processing of facilities
management plans and for any other request made under Section
21.90.100, 21.90.120 or 21.90.140.
(c) Whenever written notice is required to be given
to property owners under this section the notice shall be mailed
by first class mail to the owners shown on the last equalized
assessment roll.
21.90.180 Expiration of chapter.
This chapter shall expire on June 30, 2001 unless it is
extended or reenacted on or before that date.
21.90.190 Severability. If any section, subsection,
sentence, clause or phrase of the ordinance codified in this
chapter is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions
of the ordinance codified in this chapter. The City Council
declares that it would have passed the ordinance codified in this
chapter and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any part thereof be
declared invalid or unconstitutional.
SECTION 2: The City Council makes the following
findings:
1. Since January 1985, the City of Carlsbad has been
undertaking a comprehensive review of the Land Use Element of it
General Plan. As part of that review a Council appointed
Citizens Committee prepared a comprehensive report and
recommendation to the City Council. That report was subject to
public hearings by both the Planning Commission and City Council
Included in the recommendations of the Citizens Committee were
recommendations that no new development should occur unless
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adequate public facilities are available concurrently with need
to serve the new development.
2. On August 6, 1985, the City Council adopted Interim
Ordinance No. 9766, imposing certain temporary land use controls
on property within the City, consistent with the recommendation
of the Citizens Committee. On September 3, 1985, the City
Council adopted Interim Ordinance No. 9771 which extended the
restrictions of Ordinance No. 9766 until July 20, 1986. On
December 10, 1985, the City Council approved in concept several
land use proposals not contained in the Citizens Committee
report. On January 21, 1986 the City Council adopted Urgency
Ordinance No. 9791 imposing a temporary moratorium on development
approvals based on the findings contained in that ordinance. On
April 22, 1986 the City Council revised City Council Policy No.
17, based on the findings contained therein. On May 6, 1986 the
City Council adopted Ordinance No. 8107 establishing a traffic
impact fee for the La Costa Area of the City. The City Council
finds that all of these actions plus the adoption of Chapter
21.90 of the Carlsbad Municipal Code are necessary to ensure
adequate public facilities are available to serve any new
development in the City. Without Chapter 21.90 and the
requirements imposed by it, adequate public facilities may not be
available to serve new development or building. Development or
building without public facilities is contrary to the City
General Plan and would be dangerous to the public health and
safety.
3. This action of the City Council is consistent with
long standing policies and objectives of the City to ensure
adequate public facilities within Carlsbad. This action will
protect the public health, safety and welfare of the citizens of
Carlsbad by ensuring safe streets, adequate water, sewer and
drainage facilities, sufficient fire protection and recreation
facilities.
4. This action is consistent with the City's policy to
provide housing opportunities for all economic sectors of the
community, because sufficient opportunities for new housing
continue to exist within the City and Chapter 21.90 does not
affect the number of houses which may be built. In addition,
development of housing for low and moderate income persons and
families would most likely occur in areas of the City which are
designated for highest development priority. By encouraging
development of infill areas first, where the infrastructure is
already existing, the cost of housing may be reduced.
5. Because any new development affects public facility
availability it is necessary to impose the fees and charges whicf
will be used to provide public facilities on any new building in
the City. The Council finds that failure to impose the fees and
charges on any new building in the City will adversely affect th
public health and safety by reducing the safety of its City's
streets, increasing the burden on water, sewer, drainage and fir*
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0
facilities, and by overcrowding existing schools, parks and
recreational facilities.
6. Adoption of Chapter 21.90 will not adversely affect
the regional welfare. By ensuring that adequate and safe public
facilities and improvements will exist to serve all of the
development in Carlsbad and because many of these facilities and
improvements are used by persons residing in neighboring areas
and cities the safety and welfare of the whole region is
enhanced.
SECTION 3: The City Council intends to implement the
growth management program contained in Chapter 21.90 by following
the work program in Exhibit A which is hereby made a part of this
ordinance. The City Council may adjust the work program without
amending this ordinance as they determine necessary to accomplish
effective growth management for the City of Carlsbad.
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. The fees created by Section 21.90.050 of this
ordinance shall be effective as to building permits for single or
multifamily residential projects 60 days after the adoption of
this ordinance.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 24th day of June
1986 and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 1st day of July , 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
X^"? /""7 /) Jx ' /s4?^&/s&4L/yji
Vl^CTNir^Pr.i-'BTONDO, JR/VV City Attorney
n // (tL*A^' ^^~*Ct^\**-*t ** ' ^~^-^^f"^ *^"^—
MARY H. ^ASLER, Mayor
ATTEST:
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ALETHA L. RAUTENKRANZ , City Cl^rk
19.
Exhibit "A"
CARLSBAD CITY COUNCIL GROWTH MAHAGKMEMT PLAN
"Managing a Responsible and Progressive Carlsbad Future"
WORK PLAM
I. Citywide Facilities and Improvement Plan
A. Growth Control Mapping and Planning Systems
1 . The General Plan will be utilized as the overall
base map with a maximum residential utilization
i.e. mean density.
2. A citywide map will show all current and future
public facilities and improvements. Each public
facility and improvement will also be shown
separately on a citywide map.
3. A citywide environmental constraints and open space
map will be prepared.
4. These maps will also be broken down into quadrants
to show greater area detail.
B. Management Performance Standards
1. Establish overall performance or adequacy standards
for each public facility and improvement.
2. Establish thresholds for each public facility and
improvement.
C. Citywide Financing Options
1. Financing options will be identified for each
facility and improvement.
2. Budgeting for citywide public facility and
improvement will be in conjunction with the City's
five year capital improvement budget.
D. Citywide Plan
1. A Citywide Facilities and Improvements Plan will be
prepared using growth control maps, performance
standards and financing options.
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E. Development of Local Facility Management and Planning
Zones.
1. The City shall be divided into 25 specific zones.
2. The size of each zone shall depend upon major
circulation roads, lagoons, property ownership
boundaries, and other identifiable characteristics.
3. The purpose of zones:
a. Requires landowners to work together in order to
present development plans in accordance with the
City's Growth Management Program.
b. Requires landowners to provide development plans
which adhere to the citywide facilities plan and
to relate development to adjacent zones.
c. Zones allow for greater citizen review prior to
development approval.
4. Each zone will have a maximum residential
utilization i.e. mean density. Specific densities
for individual development plans within the zone,
however, will be controlled through the normal
planning process.
5. Each zone must conform to the General Plan and the
Growth Management Ordinance.
II. Facility Management Zone Processing
A. Landowners submit local facilities management plans for
processing concurrently with normal environmental
analysis.
B. Local facilities management plans shall conform to all
standards of the Growth Control Mapping and Planning
systems and other existing City standards.
C. The local plan shall provide a detailed financing plan
to assure adequate funding of all citywide facilities
and improvements identified in the citywide plan. The
local plan shall also provide a detailed financial plan
for all public facilities and improvements located
within the local facilities management zone.
All development within the local facilities management
zone will be phased in accordance with the facility and
improvement performance standards.
D. A public hearing on the local facilities management plan
and environmental analysis will be held concurrently.
Notice to all landowners within the zone as well as
surrounding adjacent zone landowners.
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E. After the public hearing is completed on the local
facilities management zone and environmental analysis,
then the specific development plans will be processed in
the normal method.
F. Each local facilities management plan will be reviewed
annually by the City to ensure that all performance
standards are being met. If they are not, development
will be stopped.
6/13/86
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ORDINANCE NO.9810
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA ADOPTED AS AN
EMERGENCY MEASURE ESTABLISHING GROWTH MANAGEMENT
CONTROLS 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, 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, streets, parks, open space,
schools, libraries, drainage facilities, and facilities for
general governmental services which must be remedied in order to
accommodate any new 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 ir
order to eliminate the facilities shortages and to protect the
community character and quality of life in Carlsbad, it is
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necessary to establish a growth management system complete with
facilities and improvements, phasing and financing plans to
establish a comprehensive method of providing facilities and
improvements within the City of Carlsbad as outlined in the
testimony of the Planning Director; and
WHEREAS, continued development without a comprehensive
method of financing facilities and improvements concurrently with
new development will result in significant adverse impacts on
facilities and improvements reguired by the general plan 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, on January 21, 1986 the City Council adopted
Ordinance No. 9791 which, after being extended by Council action,
will expire on July 20, 1986; and
WHEREAS, on June 10 and June 11, 1986 the City Council
held a public hearing to consider the adoption of Chapter 21.90
of the Carlsbad Municipal Code establishing a system of growth
management for the City and after the hearing directed the final
preparation of an ordinance establishing the system; and
WHEREAS, a permanent ordinance, establishing the growth
management system, being introduced concurrently with the
adoption of this urgency ordinance will be adopted on or about
July 1, 1986 and will be effective 30 days after its adoption;
and
WHEREAS, continued processing and approval of
development applications until the permanent ordinance is
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effective would severely prejudice the ability of the City to
establish methods for remedying shortages identified by the plan
or from fully implementing the law established by the permanent
ordinance resulting in the adverse impacts to the public health,
safety and welfare; and
WHEREAS, this ordinance is consistent with the City's
general plan and will allow full implementation of the permanent
growth management ordinance; 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, this ordinance is adopted pursuant to Section
36937(b) 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 the date
the permanent ordinance establishing the growth management
system becomes effective.
NOW, THEREFORE, the City Council of the City of
Carlsbad, California does ordain as follows:
SECTION 1: That the above recitations are true and
correct.
SECTION 2: That Title 21 is amended by the addition of
Chapter 21.90 to read as follows:
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"Chapter 21.90
Growth Management
Sections:
21.90.010 Purpose and intent.
21.90.020 Definitions.
21.90.030 General prohibition, exceptions.
21.90.031 Tolling of time for consideration of
applications submitted before the effective
date of this chapter.
21.90.032 Tolling of expiration of previously issued
development permits.
21.90.033 Extensions of prior approvals prohibited.
21.90.040 Compliance with this chapter reauired.
21.90.050 Establishment of local facilities management
fee.
21.90.060 Special provisions for building permits
issued during temporary moratorium.
21.90.070 Finding of health, safety and welfare
necessary for the fees imposed by sections
21.90.050 and 21.90.060.
21.90.080 Performance standard.
21.90.090 Citywide facilities and improvements plan.
21.90.100 Local facilities management zones.
21.90.110 Contents of local facility management plans.
21.90.120 Facilities management plan prepartion.
21.90.125 Facilities management plan processing.
21.90.130 Implementation of facilities and
improvements requirements.
21.90.140 Obligation to pay fees or install
improvements required by any other law.
21.90.150 Implementing guidelines.
21.90.160 Exclusions.
21.90.170 Council actions, fees, notice.
21.90.180 Expiration of chapter.
21.90.190 Severability.
21.90.010 Purpose and intent.
(a)Itisthe policy ofthe City of Carlsbad to:
(1) Provide quality housing opportunities for all
economic sectors of the community;
(2) Provide a balanced community with adequate
commercial, industrial, recreational and open space areas to
support the residential areas of the City;
(3) Ensure that public facilities and improvements
meeting City standards are available concurrent with the need
created by new development;
(4) Balance the housing needs of the region
against the public service needs of Carlsbad residents and
available fiscal and environmental resources;
(5) Encourage infill development in urbanized
areas before allowing extensions of public facilities and
improvements to areas which have yet to be urbanized;
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the Carlsbad
facilities
fashion as
adequate public
in a phased and logical
(6) Ensure that all development is consistent with
general plan;
(7) Prevent growth unless
and improvements are provided
reguired by the general plan;
(8) Control of the timing and location of
development by tying the pace of development to the provision of
public facilities and improvements at the times established by
the citywide facilities and improvements plan.
(b) The City Council of the City of Carlsbad has
determined despite previous City Council actions including but
not limited to, amendments to the land use, housing, and parks
and recreation elements of the general plan, amendments to City
Council Policy No. 17, adoption of traffic impact fees, and
modification of park dedication and improvement reguirements,
that the demand for facilities and improvements has outpaced the
supply resulting in shortages in public facilities and
improvements, including but not limited to streets, parks, open
space, schools, libraries, drainage facilities and general
governmental facilities. The City Council has further determined
that these shortages are detrimental to the public health, safety
and welfare of the citizens of Carlsbad.
(c) This chapter is adopted to ensure the
implementation of the policies stated in subsection (a), to
eliminate the shortages identified in subsection (b), to ensure
that no development occurs without providing for adequate
facilities and improvements, to regulate the pace of development
thereby ensuring a continued supply of housing over a period of
years and to continue the quality of life for all economic
sectors of the Carlsbad community.
(d) This chapter will further the policies, goals and
objectives established herein by requiring identification of all
public facilities and improvements required for development, by
prohibiting development until adequate provisions for the public
facilities and improvements are made by developers of projects
within the City, and by giving development priority to areas of
the City where public facilities and improvements are already in
place (infill areas).
(e) This chapter replaces the temporary moratorium on
processing and approval of development projects imposed by City
Council Ordinance No. 9791.
21.90.020 Definitions.
(a)Whenever thefollowing terms are used in this
chapter they shall have the meaning established by this section
unless from the context it is apparent that another meaning is
intended:
(1) "Citywide facilities and improvements plan"
means a plan prepared and approved according to Section 21.90.09C
identifying those facilities and improvements required on a
citywide basis to serve the projected population of the City as
established by the general plan and providing an outline and
budget for financing certain facilities and improvements which
will be provided by the City.
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(2) "Development permit" means any permit,
entitlement or approval whether discretionary or ministerial
issued under Title 20 or 21 of this code and any legislative
actions such as zone changes, general plan amendments, or master
plan approval or amendment.
(3) "Development" means any use to which land is
put, building or other alteration of land and construction
incident thereto.
(4) "Facilities" means any schools, parks, open
space, or recreational areas or structures providing for fire,
library, or governmental services, identified in a facilities
management plan.
(5) "Improvement" includes traffic controls,
streets and highways, including curbs, gutters, and sidewalks,
bridges, overcrossings, street interchanges, flood control or
storm drain facilities, sewer facilities, water facilities and
lighting facilities.
(6) "Local facilities management plan" means a
facilities management plan defined by Section 21.90.120 for a
local facilities management zone which is established according
to Section 21.90.100.
21.90.030 General prohibition, exceptions.
(a) Unless exempted by the provisions of this chapter
no application for any building permit or development permit
shall be accepted, processed or approved until a citywide
facilities and improvements plan has been adopted and a local
facilities management plan for the applicable local facilities
management zone has been submitted and approved according to this
chapter.
(b) No zone change, general plan amendment, master plar
amendment or specific plan amendment which would incease the
residential density or development intensity established by the
general plan in effect on the effective date of this chapter
shall be approved unless an amendment to the citywide facilities
management plan and the applicable local facilities management
plan has first been approved.
(c) The classes of projects or permits listed in this
subsection shall be exempt from the provisions of subsection (a).
Development permits and building permits for these projects
shall be subject to any fees established pursuant to the citywide
facilities and improvement plan and any applicable local
facilities management plan.
(1) Redevelopment projects.
(2) Projects consisting of the construction or
alteration of a single dwelling structure for a family on a lot
owned by the family intending to occupy the structure, or not to
exceed one nonowner-occupied house per individual for one or
more lots owned prior to July 20, 1986.
(3) Building permits and final maps for projects
identified in Section 2(F) of Ordinance No. 9791 (projects for
which construction had commenced and were designated on the map
marked Exhibit A to Ordinance No. 9791 "as developing").
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(4) Building permits for projects for which all
required development permits were issued or approved on or before
January 21, 1986. If all required development permits were
issued for a portion of the project only, the exemption shall
apply to that portion.
(5) Building permits for projects for which all
required development permits were issued or approved before July
20, 1986 and for which building permits could have been issued
under Ordinance No. 9791. If all required development permits
were issued for a portion of the project only, the exemption
shall apply to that portion.
(6) Commercial and industrial projects with
approved development permits or with a complete application on
file with the City prior to June 11, 1986 for such permits. New
permits for commercial and industrial projects located within an
area that has been previously approved for such uses may also be
processed and approved.
(7) Projects by nonprofit entities for structures
and uses for youth recreational, educational or guidance program
such as boys and girls clubs or private schools.
(8) Zone changes or general plan amendments
necessary to accomplish consistency between the general plan and
zoning, to implement the provisions of the Local Coastal Plan or
which the City Council finds will not increase the public
facilities or services and which are initiated by the City
Council or Planning Commission.
(9) Public utility facilities and improvement
projects without accommodations for permanent employees are
exempt from the provisions of this chapter unless the City
Council determines they are of sufficient size and scale to
impact public facilities.
(10) Adjustment plats.
(11) Development permits for minor subdivisions
located in the northwest quadrant of the City as defined in
Ordinance No. 9791. Building permits for commercial or
industrial construction on lots in such subdivisions may be
approved. Residential building permits will not be approved for
lots in such subdivisions unless otherwise exempt under this
chapter except one permit for a nonowner-occupied lot may be
approved for each such subdivision.
(d) The provisions of this subsection apply to final
maps and other development permits for projects with a tentative
map approved before July 20, 1986 which are not included in the
exemptions listed in subsection (c).
(1) If a tentative map or tentative parcel map wa
approved on or before January 21, 1986 then, after approval of
the citywide facilities plan, a final map or parcel map may be
processed and approved before the adoption of a local facility
management plan. The expiration period for those tentative maps
shall be tolled until the citywide plan is adopted. The
expiration of any development permits issued in conjunction with
those maps shall be tolled until the applicable local facilities
management plan is approved or, two years after the date the
citywide plan is approved, whichever occurs first.
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(2) If a tentative map or tentative parcel map was
approved after January 21, 1986 and before July 20, 1986, but the
approval of final map or parcel map was prohibited by Ordinance
No. 9791 then approval of final maps and parcel maps is
prohibited until after preparation of the applicable local
facilities management plan. The expiration period of those
tentative maps and tentative parcel maps, and any other
development permits issued in conjunction with the maps shall be
tolled until the local facilities management plan is approved,
or two years after date the citywide facilities and improvements
plan is approved, whichever occurs first.
(e) The exemption for projects listed in subsection (c
(3), (4), (5), and (6) shall expire on July 20, 1988. After that
date all development permits for those projects shall be fully
subject to the provisions of this chapter. The exemptions for
projects listed in subsection (c) (3), (4), (5), and (6) shall
apply only so long as the facilities and improvements required a
a condition to the issuance of final development permits have
been installed or are being installed pursuant to a secured
agreement. Any breach of such secured improvement agreement
shall subject any remaining building permits for the project to
the provisions of subsection (a).
(f) Final or parcel maps for projects listed in
subsection (c) (3), (4), (5), (6) and (7) which comply with all
the requirements of the Subdivision Map Act and Title 20 of this
Code which were filed with the City before July 20, 1986 may be
approved by the City Council, or City Engineer as appropriate,
after July 20, 1986. Upon approval, those projects shall be
subject to the exemption of subsection (c).
(g) The City Council may authorize the processing of
and decision making on building permits and development permits
for a project with a master plan approved before July 20, 1986
subject to the following restrictions:
(1) The City Council finds that the facilities anc
improvements required by the master plan are sufficient to meet
the needs created by the project and that the master plan
developer has agreed to install those facilities and improvement
to the satisfaction of the City Council.
(2) The master plan developer shall agree in
writing that all facilities and improvement requirements,
including but not limited to the payment of fees established by
the citywide facilities and management plan and the applicable
local facilities management plan shall be applicable to
development within the master plan area and that the master plan
developer shall comply with those plans.
(3) The master plan establishes an educational
park and all uses within the park comprise an integral part of
the educational facility.
(4) Building permits for the 129 unit residential
portion of Phase I of the project may be approved provided the
applicant has provided written evidence that an educational
entity will occupy Phase I of the project which the City Council
finds is satisfactory and consistent with the goals and intent o1
the approved master plan.
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(5) Prior to the approval of the final map for
Phase I the master plan developer shall have agreed to
participate in the restoration of a significant lagoon and
wetland resource area and made any dedications of property
necessary to accomplish the restoration.
(h) After making the findings in paragraph 1 the City
Council may authorize the processing of and decision making on
master plans subject to the requirements of paragraph 2. After
the grant of the easement required by subparagraph (h)(iv) the
tentative map for Phase I of the project, the site plan for the
commercial development and the local coastal plan amendment may
also be processed and approved. If such approvals are granted
and, subject to all other provisions of this code, grading and
building permits for construction of the golf course and first
phase of the commercial portions of the project may be processed
and approved.
The processing and approval of all other developments
and building permits within the master plan shall not occur until
after the citywide facilities plan and the local facilities
management plan have been adopted by the City Council.
(l)(i) That the master plan will provide all
necessary public facilities for the project and will cure any
facilities deficits in the area affected by the project.
(ii) That the approval will not prejudice the
preparation of the citywide facilities plan and will improve the
level of public facilities and services in the area.
(iii) That by the dedication of land and the
construction of public improvements the project will make a
significant contribution to the public facilities needs of the
city and provide for the preservation or enhancement of
significant environmental resources.
(2)(i) The master plan shall include all of the
information required by and implementing the provisions of
Sections 21.90.090 and 21.90.110 for the area covered by the
master plan.
(ii) The applicant shall agree in writing that all
facilities and improvement requirements, including but not
limited to the payment of fees established by the citywide
facilities and improvement plan and the applicable local
facilities management plan shall be applicable to development
within the master plan area and that the master plan developer
shall comply with those requirements.
(iii) The master plan applicant shall agree to
participate in the restoration of a significant lagoon and
wetland resource area.
(iv) Prior to any processing on the master plan
the applicant shall grant an easement over the property necessary
for the lagoon restoration and the right-of-way necessary for the
widening of La Costa Avenue and its intersection with El Camino
Real.
21.90.031 Tolling of time for consideration of
applications submitted before the effective date of this
chapter.
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After approval of the citywide facilities and
improvement plan and the applicable local facilities management
plan applications for development permits which were accepted as
complete before the effective date of this chapter shall have
processing priority in relationship to the acceptance date.
Until the approval of the plans all applicable time limits for
processing the development permits shall be tolled.
21.90.032 Tolling of expiration of previously issued
development permits.
If a discretionary development permit, other than a
development permit issued in conjunction with a subdivision map,
issued prior to July 20, 1986 has an expiration period within
which building permits must be issued and the issuance of
building permits for the project is prohibited by this chapter
then the expiration period shall be tolled until the applicable
local facilities management plan is approved, or two years after
the date the citywide plan is approved, whichever occurs first.
21.90.033 Extensions of prior approvals prohibited.
After approval of an applicable local facilities
management plan an extension of the expiration date of any
development permit shall not be granted unless the extension is
found to be consistent with the plan. The decision making body
considering an extension may condition the extension upon
compliance with the citywide plan and applicable local
facilities management plan.
21.90.040 Compliance with this chapter.
(a)No development permitshallbe approved unless the
approving authority finds that the permit is consistent with the
citywide facilities and improvements plan and the applicable
local facilities management plan. To ensure consistency the
approving authority may impose any condition to the approval
necessary to implement the plans.
(b) No building permit shall be issued unless the fees
required by this chapter, and any applicable local facilities
management plan fees are first paid, and the permit is consistent
with the applicable local facilities management plan. As a
condition to the issuance of any building permit pursuant to
Section 21.90.030(c) the applicant shall agree to pay the
appropriate fees within 30 days of the date each fee is
established.
(c) The requirements of this chapter are imposed as a
condition of zoning on the property to ensure implementation of
and consistency with the general plan and to protect the public
health, safety and welfare by ensuring that public facilities anc
improvements will be installed to serve new development prior to
or concurrently with need.
21.90.050 Establishment of local facilities management
fee.
(a) A local facilities management fee is hereby
established to pay for improvements or facilities identified in ;
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local facilities management plan which are related to new
development within the zone and are not otherwise financed by any
other fee, charge or tax on development, or are not installed by
a developer as a condition of a building permit or development
permit. The fee may also be used to pay for that portion of the
facilities or improvements identified in the citywide facilities
and improvements plan attributed to development within the local
zone which are not financed by other means. The facilities
management fee shall be paid before the issuance of a building
permit. The amount of the fee shall be determined based upon the
estimated cost of the facility or improvement designated as
necessary to accommodate additional development within the
applicable local facilities management zone plus the estimated
cost of facilities and improvements identified in the citywide
facilities and improvement plan attributable to the local zone.
The fee shall be fairly apportioned among the new development.
(b) The fee required by this section is in addition to
any other means of financing facilities or improvements
identified by a local facilities management plan or any other
tax, fee, charge or improvement requirement which may be imposed
on the development of property under the provisions of state law,
this code or City Council policy.
(c) The amount of the fee for a local facilities
management zone shall be set by City Council resolution after a
public hearing, published notice of which shall be given
according to Carlsbad Municipal Code Section 21.54.060(2) and
Government Code Section 54992.
(d) As a condition of any building or development
permit application submitted after the effective date of this
chapter the applicant shall agree to pay the fee established by
this section at the time a building permit is issued.
(e) The fee established by this section shall be leviec
at the time of issuance of a building permit.
21.90.060 Special provisions for building permits
issued during temporary moratorium.
(a) Applicants for projects for which building permits
were issued after January 21, 1986 and before July 20, 1986 shall
pay the fee established by Section 21.90.050 within 30 days after
the amount of the fee is determined by the City Council. Payment
shall be made according to the agreement executed by the
applicant pursuant to Section 3 of Ordinance No. 9791.
21.90.070 Finding of health, safety and welfareftnecessary for the fees imposed by Sections 21.90.050 and
21.90.060.
(a) The City Council hereby declares that payment of
the fee established and imposed by Sections 21.90.050 and
21.90.060 and installation of the facilities and improvements
identified in a facilities management plan are necessary to
achieve the policies established in Section 21.90.010 and to
implement the City's general plan. If the fees are not paid or
the facilities or improvements are not installed the public
health, safety and welfare will suffer because there will be
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insufficient facilities and improvements to accommodate any new
development. This finding is based upon City Council Policy No.
17, City Council Ordinance No. 9791, and the evidence presented
at the public hearings on the ordinance adopting this chapter.
(b) If any condition imposed as a conditon of a
development permit or building permit pursuant to this chapter is
protested then the permit shall be suspended during the period of
the protest.
(c) This section is adopted pursuant to Government Code
Section 65913.5.
21.90.080 Performance standard.
The City Council shall adopt general performance
standards for each facility or improvement listed in Section
21.90.090(b) or 21.90.110(c). Specific performance standards for
citywide facilities shall be adopted as part of the citywide
facilities and improvement plan. Specific performance standards
for each zone shall be adopted as part of the local facilities
management plan. If at any time after preparation of a local
facilities management plan the performance standards established
by a plan are not met then no development permits or building
permits shall be issued within the local zone until the
performance standard is met or arrangements satisfactory to the
City Council guaranteeing the facilities and improvements have
been made.
21.90.090 City wide facilities and improvements plan.
(a) To implement the City's general plan by securing
provision of facilities and improvements, and to ensure that
development does not occur unless facilities and improvements are
available the City Council shall adopt by resolution a citywide
facilities and improvements plan. The plan shall: Identify all
facilities and improvements necessary to accommodate the land
uses specified in the general plan and by the zoning; specify
size, capacity and service level performance standards for the
identified facilities and improvements; establish specific time
tables for acquisition, installation and operation of the
facilities and improvements correlated to projected population
growth, facility and improvement performance standards, and
projected nonresidential development; identify the financing
method or methods for each facility and improvement; and
establish a facility and improvement budget for those facilities
or improvements which will be constructed or financed by the
City. The plan shall encourage infill development and reduce the
growth inducing impact of premature extension of facilities or
improvements to undeveloped areas by establishing priorities for
facility and improvement installation or financing.
(b) The citywide facilities and improvement plan shall
show how and when the following facilities and improvements will
be installed or financed as specified in subsection (c).
(1) Major sewage transmission systems and sewage
treatment plants;
(2) Major water transmission lines;
(3) Major area wide drainage facilities;
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(4) Prime and Major arterials; freeway
interchanges, bridges or overcrossings;
(5) Fire facilities;
(6) Governmental administration facilities;
(7) Parks and other recreational facilities;
(8) Libraries.
(c) The plan shall include the following information
with regard to each facility and improvement listed in subsection
(b):
(1) An inventory of present and future
requirements for each facility and improvement based upon the
performance standard established for each facility and
improvement. Cost estimates shall be included. The inventory
shall be consistent with the general plan and zoning for the
area.
(2) A phasing schedule establishing the timing for
installation or provisions of facilities or improvements in
relationship to the amount of development activity (e.g. number
of dwelling units, number of square feet of commercial space
within the service area of the facility or improvement) and the
facility and improvement performance standards.
(3) A financing plan establishing various methods
of funding the facilities and improvements identified in the
plan. The plan shall identify those facilities and improvements
which would otherwise be provided as a requirement of processing
a development project (i.e. requirements imposed as a condition
of a development permit) or provided by the developer in order to
establish consistency with the general plan or Titles 18, 20 or
21 of this Code, and those facilities and improvements for which
new funding methods which shall be sufficient to ensure
sufficient funds are available to construct or provide facilitie
or improvements when required by the phasing schedule.
(d) The City Manager shall prepare and present the plan
to the City Council not later than one year from the effective
date of this ordinance.
(e) Amendments to this citywide facilities and
improvements plan shall be initiated by action of the Planning
Commission or City Council.
21.90.100 Local facilities management zones.
(a)The City Council shall divide the City into
facilities management zones.
(b) The boundaries of the zones shall be established
based upon logical facilities and improvements planning,
construction and service relationships to ensure the economically
efficient and timely installation of required facilities and
improvements. In establishing zone boundaries the City Council
shall also be guided by the following considerations:
(1) Service areas or drainage basins;
(2) Extent to which facilities or improvements are
in place or available;
(3) Ownership of property;
(4) Boundaries of existing zoning master plans;
(5) Boundaries of pending zoning master plans;
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(6) Boundaries of potential future zoning master
plan areas;
(7) Boundaries of approved tentative maps;
(8) Public facilities relationships, especially
the relationship to the City's planned major circulation
network;
(9) Special district service territories;
(10) Approved fire, drainage, sewer, or other
facilities or improvement master plans.
(c) The zones shall be established by resolution after
a public hearing notice of which is given pursuant to Section
21.54.060(2) of this code.
21.90.110 Contents of local facility management plans.
(a)A local facilities management plan shall be
prepared for each facility zone and shall cover the entire zone.
(b) The plan shall consist of maps, graphs, tables, and
narrative text and shall be based upon the general plan and
zoning applicable within the local zone at the time of plan
approval. The local facilities management plan shall be
consistent with the citywide facilities and improvements plan and
shall implement the citywide facilities and improvements plan
within the zone.
(c) The facilities management plan shall show how and
when the following facilities and improvements necessary to
accommodate development within the zone will be installed or
financed as specified in subsection (d).
(1) Sewer systems
(2) Water
(3) Drainage
(4) Circulation
(5) Fire facilities
(6) Schools
(7) Parks and other recreational facilities
(8) Open space
(d) The plan shall be consistent with and implement the
citywide facilities management plan and general plan and shall
include the following information with regard to each facility
and improvement listed in subsection (c):
(1) An inventory of present and future
requirements for each facility and improvement based upon the
performance standard established for each facility. Because
improvement requirements for certain facilities and improvements
may overlap zone boundaries a discussion of the need for
coordination and a proposed coordination plan for facilities
extending from one zone to another shall be included. Cost
estimates shall be included. It must be shown that development
in the zone will not reduce the facilities or improvements
capabilities or create facilities or improvements shortages in
other zones or reduce service capability in any zone below the
performance standard which is established pursuant to Section
21.90.080. The growth inducing impact of the out of zone
improvements shall be assessed.
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(2) A phasing schedule establishing the timing for
installation or provisions of facilities or improvements in
relationship to the amount of development activity (e.g. number
of dwelling units, number of sguare feet of commercial space,
etc.) for the facilities management zone. The phasing schedule
shall ensure that development of one area of the zone will not
utilize more than the area's prorata share of facility or
improvement capacity within that zone unless sufficient capacity
is ensured for other areas of the zone at the time of the first
development. The phasing schedule shall include a schedule of
development within the zone and a market data and cash flow
analysis for financing of facilities and improvements for the
zone. The phasing schedule shall identify periods where the
demand for facilities and improvements may exceed the capacity
and provide a plan for eliminating the shortfall. In those
situations when demand exceeds capacity and it is not feasible to
increase the capacity prior to development, no development shall
occur unless a time schedule for and a means of increasing the
capacity is established in the plan.
(3) A financing plan establishing various methods
of funding the facilities and improvements identified in the plan
fairly allocating the cost to the various properties within the
zone. The plan shall identify those facilities and improvements
which would otherwise be provided as a reguirement of processing
a development project (i.e. requirements imposed as a condition
of a development permit) or provided by the developer in order to
establish consistency with the general plan or Titles 18, 20 or
21 of this Code, and those facilities and improvements for which
new funding methods which shall be sufficient to ensure
sufficient funds are available to construct or provide
facilities or improvements when required by the phasing schedule
Where facilities or improvements are required for more than one
zone, the phasing plan shall identify those other zones and the
plan for each zone shall be coordinated. Coordination, however,
shall not require identical funding methods.
(4) A list or schedule of facilities requirements
correlated to individual development projects within the zone.
(e) The local facilities management plan shall
establish the proportionate share of the cost of facilities and
improvements identified in the citywide facilities and
improvement plan attributable to development of property on the
local facilities management zone.
21.90.120 Local facilities management plan
preparation.
(a) A local facilities management plan may be prepared
by the City or by the property owners within the zone according
to the procedures established by this section.
(b) The City Council, upon its own initiative, may by
resolution direct the City Manager to prepare a facilities
management plan for any zone. The City Council may assess the
cost of preparing the plan to the owners within the zone after a
hearing ten days written notice of which is given to the property
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owners within the zone. The cost shall be spread prorata
according to acreage and development potential.
(c) All owners within the zone may jointly submit a
facilities management plan.
(d) For zones in which joint submission of a facilities
management plan is shown to be not feasible any owner or group of
cooperating owners within the zone may petition the City Council
to allow the owner or group of owners to prepare the plan. After
a meeting for which ten days prior written notice has been given
to the property owners within the zone, the City Council may
permit the owner or group of owners to prepare and submit the
plan. A limit based on the estimated cost of the plan shall be
determined at the time of the hearing. The actual cost shall be
determined when the plan is adopted and shall be assessed prorata
based on acreage and development potential to property within the
facilities management zone. The assessment shall be collected b\
the City at the time any application for a development project
within the zone is submitted. The owner or owners who prepared
the plan shall be reimbursed for the cost of the plan less the
owner's or owners' prorata share. No reimbursement shall be made
unless the plan is approved. Cost of preparation shall not
include interest.
(e) As an option to preparation by the owner or group
of owners as provided in subsection (d) the City Council may
decide to direct the City Manager to prepare the facilities
management plan. The cost of preparation shall be advanced to
the City by the requesting owner or owners, assessed to all the
owners and reimbursed as provided in subsection (d).
21.90.125 Facilities management plan processing.
(a) Facilities management plans shall be reviewed
according to the following procedure:
(1) A completed facilities management plan
complying with this chapter, and accompanied by a processing fee
in an amount established by City Council resolution, may be
submitted to the Planning Director for processing. If the
Planning Director determines that the plan complies with the
provisions of Section 21.90.110 the director shall set a
facilities management plan for public hearing before the Planninc
Commission within sixty days of receipt of a complete
application.
(2) The hearing shall be noticed according to the
provisions of Section 21.54.060(2). A staff report containing
recommendation on the plan shall be prepared and furnished to the
public, the applicant, and the Planning Commission prior to the
hearing.
(3) The Planning Commission shall hear and
consider the application for a facilities management plan and
shall by resolution prepare recommendations and findings for the
City Council. The action of the Commission shall be filed with
the City Clerk, and a copy shall be mailed to the owners within
the facility zone.
(4) When the Planning Commission action is filed
with the City Clerk, the Clerk shall set the matter for public
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hearing before the City Council. The hearing shall be noticed
according to the provisions of Section 21.54.060(2).
(5) The City Council shall hear the matter, and
after considering the findings and recommendations of the
Planning Commission, may approve, conditionally approve or deny a
facilities management plan. The City Council may include in the
resolution adopting the facilities management plan any fees or
facilities improvement requirements which it deems necessary to
impose on development projects within the zone in order to
implement the citywide facilities and improvement plan and the
local facilities management plan.
(b) A facilities management plan may be amended
following the same procedures for the original adoption.
(c) A local facilities management plan shall be
considered a project for the purposes of Title 19 of this Code.
Environmental documents should be processed concurrently with the
plan.
21.90.130 Implementation of facilities and improvements
requirements.
(a) To ensure that the provisions of this chapter and
the general plan are met the following shall apply:
(1) Except as otherwise provided in this chapter no
development permit shall be approved unless the map or permit is
consistent with the local facilities management plan and unless
provision for all facilities and improvements related to the
development project are provided or funded.
(2) No building permit shall be issued unless all
applicable fees, including but not limited to, public facilities
fees, bridge and thoroughfare fees, traffic impact fees,
facilities management fees, school fees, park-in-lieu fees, sewer
fees, water fees, or other development fees identified in the
citywide facilities and improvements plan and local facilities
management plan and adopted by the City Council have first been
paid or provision for their payment has been made to the
satisfaction of the City Council.
(b) The citywide facilities and improvement plan and
the local facility management plan process is part of the City's
ongoing planning effort. It is anticipated that amendments to
the plans may be necessary. Adoption of a facilities management
plan does not establish any entitlement or right to any
particular general plan or zoning designation or any particular
development proposal. The citywide facilities and improvements
plan and the local facilities management plans are guides to
ensure that no development occurs unless adequate facilities or
improvements will be available to meet demands created by
development. The City Council may initiate an amendment to any
of the plans at any time if in its discretion it determines that
an amendment is necessary to ensure adequate facilities and
improvements.
(c) If at any time it appears to the satisfaction of
the City Manager that facilities or improvements within a
facilities management zone or zones are inadequate to accommodatt
any further development within that zone or that the performance
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standards adopted pursuant to Section 21.90.100 are not being me
he shall immediately report the deficiency to the Council. If
the Council determines that a deficiency exists then no further
building or development permits shall be issued within the
affected zone or zones and development shall cease until an
amendment to the citywide facilities and improvements plan or
applicable local facilities management plan which addresses the
deficiency is approved by the City Council and the performance
standard is met.
(d) The Planning Director shall monitor the developmen
activity for each local facilities management zone and shall
prepare an annual report to the City Council consisting of maps,
graphs, charts, tables and text and which includes a
developmental activity analysis, a facilities and improvements
adequacy analysis, a facility revenue/expenditure analysis and
recommendation for any amendments to the facilities management
plan. The content of the annual report shall be established by
the City Council.
(e) The City Council shall annually review the citywid
facilities and improvements plan at the time it considers the
City's capital improvement budget.
21.90.140 Obligation to pay fees or install
improvements required by any other law.
Nothing in this chapter shall be construed as
relieving a builder, developer or subdivider from any public
improvement requirement, dedication requirement or fee
requirement which is imposed pursuant to Titles 13, 18, 20 or 21
of this code or pursuant to any City Council policy.
21.90.150 Implementing guidelines.
The City Council may adopt any guidelines it deems
necessary to implement this chapter.
21.90.160 Exclusions.
(a) Development proposals which consist of facilities,
or structures constructed by a city, county, special district,
state, or federal government or any agency, department, or
subsidiary thereof for governmental purposes are excluded from
the provisions of this chapter. This exclusion shall not apply
to development proposals to which a possessory interest tax woul
be applicable.
(b) Tentative maps the application for which was
accepted before August 6, 1985 may be approved without complying
with the plans adopted pursuant to this Chapter but any other
development permits or building permits for the project shall be
subject to the requirements of the plans. The tentative map
shall be subject to Section 21.90.030.
21.90.170 Council actions, fees, notice.
(a)Whenever thischapterrequires or permits an
action or decision of the City Council, that action or decision
shall be accomplished by a resolution.
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(b) The City Council shall establish application and
processing fees for the submission and processing of facilities
management plans and for any other request made under Section
21.90.100, 21.90.120 or 21.90.140.
(c) Whenever written notice is required to be given
to property owners under this section the notice shall be mailed
by first class mail to the owners shown on the last equalized
assessment roll.
21.90.180 Expiration of chapter.
This chapter shall expire on June 30, 2001 unless it is
extended or reenacted on or before that date.
21.90.190 Severability. If any section, subsection,
sentence, clause or phrase of the ordinance codified in this
chapter is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions
of the ordinance codified in this chapter. The City Council
declares that it would have passed the ordinance codified in this
chapter and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any part thereof be
declared invalid or unconstitutional.
SECTION 3: The City Council makes the following
findings:
1. Since January 1985, the City of Carlsbad has been
undertaking a comprehensive review of the Land Use Element of it
General Plan. As part of that review a Council appointed
Citizens Committee prepared a comprehensive report and
recommendation to the City Council. That report was subject to
public hearings by both the Planning Commission and City Council
Included in the recommendations of the Citizens Committee were
recommendations that no new development should occur unless
adequate public facilities are available concurrently with need
to serve the new development.
2. On August 6, 1985, the City Council adopted Interim
Ordinance No. 9766, imposing certain temporary land use controls
on property within the City, consistent with the recommendation
of the Citizens Committee. On September 3, 1985, the City
Council adopted Interim Ordinance No. 9771 which extended the
restrictions of Ordinance No. 9766 until July 20, 1986. On
December 10, 1985, the City Council approved in concept several
land use proposals not contained in the Citizens Committee
report. On January 21, 1986 the City Council adopted Urgency
Ordinance No. 9791 imposing a temporary moratorium on developmen
approvals based on the findings contained in that ordinance. On
April 22, 1986 the City Council revised City Council Policy No.
17, based on the findings contained therein. On May 6, 1986 the
City Council adopted Ordinance No. 8107 establishing a traffic
impact fee for the La Costa Area of the City. The City Council
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finds that all of these actions plus the adoption of Chapter
21.90 of the Carlsbad Municipal Code are necessary to ensure
adequate public facilities are available to serve any new
development in the City. Without Chapter 21.90 and the
requirements imposed by it, adequate public facilities may not be
available to serve new development or building. Development or
building without public facilities is contrary to the City
General Plan and would be dangerous to the public health and
safety.
3. This action of the City Council is consistent with
long standing policies and objectives of the City to ensure
adequate public facilities within Carlsbad. This action will
protect the public health, safety and welfare of the citizens of
Carlsbad by ensuring safe streets, adequate water, sewer and
drainage facilities, sufficient fire protection and recreation
facilities.
4. This action is consistent with the City's policy to
provide housing opportunities for all economic sectors of the
community, because sufficient opportunities for new housing
continue to exist within the City and Chapter 21.90 does not
affect the number of houses which may be built. In addition,
development of housing for low and moderate income persons and
families would most likely occur in areas of the City which are
designated for highest development priority. By encouraging
development of infill areas first, where the infrastructure is
already existing, the cost of housing may be reduced.
5. Because any new development affects public facility
availability it is necessary to impose the fees and charges whicl"
will be used to provide public facilities on any new building in
the City. The Council finds that failure to impose the fees and
charges on any new building in the City will adversely affect the
public health and safety by reducing the safety of its City's
streets, increasing the burden on water, sewer, drainage and fir«
facilities, and by overcrowding existing schools, parks and
recreational facilities.
6. Adoption of Chapter 21.90 will not adversely affect
the regional welfare. By ensuring that adequate and safe public
facilities and improvements will exist to serve all of the
development in Carlsbad and because many of these facilities and
improvements are used by persons residing in neighboring areas
and cities the safety and welfare of the whole region is
enhanced.
SECTION 4: The City Council intends to implement the
growth management program contained in Chapter 21.90 by
following the work program in Exhibit A which is hereby made a
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part of this ordinance. The City Council may adjust the work
program without amending this ordinance as they determine
necessary to accomplish effective growth management for the City
of Carlsbad.
DECLARATION OF URGENCY: This ordinance is hereby
declared to be an urgency 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 upon the effective date of Ordinance No. 9808 enacting
Chapter 21.90 of the Carlsbad Municipal Code. 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.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of
said City Council held on the 24th day of June ,
1986, by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
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1
APPROVED AS^TO FORM ANDVLEGALITY
</] ($Wj&jJl\
VINCENT F. BIONDO, JR.L^CCity Attorney
- /L^_ / ^g_
MARY H. i^ASLER, Mayor
ATTEST:
bted^. / Qa^^^
ALETHA L. RAUTENKRANZ, CityQcierk
22.
DEVELOPMENT COMPANY
JAMES M. VAN D€ WATER
VICE PRESIDENT AND GENERAL MANAGER
INOUSlRIAiyCOMMEROAL SOUTHWEST
June 24, 1986
Mayor Mary H. Casler
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mayor Casler:
We appreciate your recent actions to expand the scope of the commercial and
industrial exemption from the Growth Management ordinance to allow current
projects to be fully completed and occupied by the ultimate business users.
We believe your action will lead to a very healthy and positive economic
environment. We further recognize how difficult the process has been for you and
feel you are doing an excellent job in your efforts.
We have noted what appears to be a minor oversight in the draft of the ordinance,
Subsection 21.90.030(e), on Page 5, which limits the exemption to a two-year
period. We believe your intention was to fully exempt the commercial and
industrial projects without time limitations.
We respectfully request the elimination of the July 20, 1988, expiration date
applicable to the industrial and commercial exemption for the benefit of the
ultimate business users.
Sincerely,
kmes M. Van de Water
/ice President and
General Manager
/cp
cc: Frank Aleshire, City Manager
A Wholly Owned Subsidiary of Kaiser Alumium & Chemical Corporation
2121 PALOMAR AIRPORT ROAD. SUITE 201, P.O. BOX 308, CARLSBAD. CALIFORNIA 92008-0060 TELEPHONE: (619) 438-2636
RANCHO CALIFORNIA. CA/HAWAII KAI. HI/KAISER CENTER OAKLAND. CA/INDUSTRIAL AND COMMERCIAL PROPERTIES-WESTERN STATES/KAISER ALUMINUM REAL ESTATE FACILITIES-WORLDWIDE