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Home My WebLink About1987-12-08; City Council; 9235; EXEMPTION FOR R-1 LOTS | ZONE 6 LOCAL FACILITIES MANAGEMENT PLAN.. .n 2 0 &a, b)h 0 *w 0 hco 40 -4 a EO (dk q-ra @bo 4G bo *d -I4 GV c arb c ow M .d w (d U ac a)u ? *g c'u arb -d u $5 x 4r-I 0 kffl h u CZ du 0 *d 0 0 urn V 0 rbc .d 0 CG &I a,=, @a, 00 * u Uco aw a, a)w G crbo -rl & N Eim kC 0) a *d ua Q)uffl aua, a, -d rlku .rl 4 .rl 3ao Od(d u rbw &u JAM ;-: h W z a =! 0 z 3 0 0 03 0 E cv l+ GI~ OF CARLSBAD - AGENY BILL I? L AB# ?as5- TITLE: EXEMPTION FOR R-1 LOTS/ZONE 6 DEPI CITY MTG, 121s187 LOCAL FACILITIES MANAGEMENT PLAN DEPT. PLN CITY RECOMMENDED ACTION: Review attached report to the City Manager dated November subdivided R-1 lots from the provisions of the Local Facilities Management Plan for Zone 6, it would require an 23, 1987- If the City Council wishes to exempt previausly- amendment to the Growth Management Ordinance. ITEM EXPLANATION At the City Council meeting of November 10, 1987, the Local Facilities Management Plan for Zone 6 was adopted. The Plan identified three facility performance standards which were not being met. Before additional development could occur in Zone 6, the identified facilities would have to be brought into compliance. The question was raised as to whether previously-subdivided, individual R-1 lots were exempt. Staff was directed to return with a report on the status of the R-1 lots. Staff's report is contained in the attached memorandum to the City Manager dated November 23, 1987. Staff review of the matter indicates that once a Local Facilities Management Plan is adopted, the requirements of the Plan apply to all development in the Zone and existing, individual R-1 lots are not exempt. EXHIBIT 1. Memorandum to City Manager from Planning Director dated November 23, 1987 I .. 0 0 'b NOVEMBER 23, 1987 TO: RAYMOND PATCHETT, CITY MANAGER FROM: PLANNING DIRECTOR R-1 LOTS - ZONE 6 On November 10, 1987 when the Local Facilities Management P for Zone 6 was approved by the City Council, staff was direc to return with a report on whether previously-existi individual R-1 lots were exempt. The purpose of this memoran is to identify how many of these lots exist in Zone 6 and then address whether they are exempt under the provisions of Growth Management Ordinance (Municipal Code Chapter 21.90) . I. Inventory of Existincr R-1 Lots in Zone 6 Number of single R-1 lots - 195 (per inventory 11/86) R-1 permits issued since 11/86 - 3 Remaining R-1 lots - 159 It should also be noted that there were 13 permits for individi single family homes in plan check when the Zone 6 Plan i approved on November 10, 1987. Two of these were one day ai from being issued a permit. The others were 5-30 days away f: being issued a permit. 11. Exemption from Growth Manaaement Ordinance Prior to the adoption of the Local Facilities Management Plan Zone 6, the Growth Management Ordinance exempted previous1 subdivided, individually-owned R-1 lots. The applicable sectic of the ordinance are as follows: 21.90 . 030 tal TJnless exempted by the provisions of this chapter application for any building permit or development pen shall be accepted, processed or approved until a cityw: facilities and improvements plan has been adopted and local facilities management plan for the applicable lo( facilities management zone has been submitted and appro7 according to this chapter." e 0 * Raymond Patchett, City Manager November 23, 1987 Page 2 21.90.030 (c) "The classes of projects or permits listed in t subsection shall be exempt from the provisions of subsect (a). Development permits and building permits for th projects shall be subject to any fees established pursu to the citywide facilities and improvement plan and applicable local facilities management plan." 21.90.030(c) (21 I1Projects consisting of the construction or alteration o single dwelling structure for a family on a lot owned by family intending to occupy the structure, or not to exc one nonowner-occupied house per individual for one or m lots owned prior to July 20, 1986." These sections established a processing exemption for R-1 1 meaning that the City could issue building permits for these 1 even though a Local Facilities Management Plan had not b adopted for the zone in which they were located. Once a local plan is adopted and it identifies that a facil performance standard is not being met, the Growth Managem Ordinance indicates that there are no exemptions to requirements of the zone plan for bringing the facility i compliance with the performance standard. The applicable sect of the ordinance is as follows: 21.90.080 IIIf at any time after preparation of a local facilit management plan the performance standards established b plan are not met then no development permits or build permits shall be issued within the local zone until performance standard is met or arrangements satisfactory the City Council guaranteeing the facilities improvements have been made." Subsequent to the adoption of the Growth Management Ordinance the passage of Proposition E the following section was added the Building Code (Title 18 of the Carlsbad Municipal Code): , 0 0 * * Raymond Patchett November 23, 1987 Page 3 18.04.015 "No building permit shall be issued unless it is consist with Chapter 21.90 (Growth Management) of this code." 111. CONCLUSIONS Once a Local Facilities Management Plan is adopted and identifies that facility performance standards are not being m no development can occur within the zone until the standards met. Building permits for individual R-1 lots in Zone 6 can be issued until the requirements of the Local Facilit Management Plan are fulfilled and the performance standards met. It appears to staff that if the City wants to exempt individ R-1 lots, it would require an amendment of the Growth Managem Ordinance. Submitted by: Y MICHAEL J. HOLZMMER Planning Director arb cpf/d'. uw &Le2 e;+ * I) David E. Canady 1730 So. El Camino Real HlO8 Encinitas, CA 92024 November 20,1987 587-3259 City Council City of Carlsbad Carlsbad, CA RE: Issuance of Building Permits in Zone 6 Dear Council Members, 1200 Elm Street Regarding your recent decision to suspend the issuance of building perrnits in La Costa (zone ( have a few concerns. Though I live in the city of Encinitas, I own an R- 1 lot in La Costa. A couple of months ago, I submitted plans to the building department for an owner-occupied sing family residence to be constructed on this lot. My plans have since been approved. I called yesterday to see if I could pull a building permit and was told that that would not be possible, el though I was more than willing to pay the required fees (including the new Facilities Managemt fee). I respect the decision of the Council to want to intelligently manage the problems that come wit growth and realize that you have the best interests of the community as a whole in mind. My p are part of the group that were approved before the decision was made to institute the Facilities Management Plan for Zone 6. Since the initial estimate of the Facilities Management fee was between $7,000 and $10,000, I had to wait for the Council's decision regarding the fee to determine whether I could afford the building permit. I did not wish to sign an agreement that would bind me to something I could not pay. The fee was subsequently set at an amount belou initial estimated figure. It would now appear that I am being penalized for waiting. Should I nc in all fairness, be permitted to continue with my project which the city building department led r I appeal to your sense of fairness to allow me to move forward with my home. I am not a developer; I am just trying to build a home for my family. I am not wealthy. I am 29 years old have a wife and two small children. I spent my life savings and went into debt just to buy this 1 Now I can do nothing with it. Please let my project continue. to believe I could finish? Sincerely, GdF cq David E. Canady