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HomeMy WebLinkAbout1989-03-21; City Council; 9928; MEMORANDUM OF UNDERSTANDING FOR NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS BY COUNTY OF SAN DIEGO AND THE CITIESTITLE: MEMORANDUM OF UNDERSTANDING FOR AB# 9 ?$8 MTG. 3/21 /89 NOTIFICATION OF LAND USE AND DEPT. PLN DEVELOPMENT ACTIONS BY COUNTY OF SAN DIEGO AND THE CITIES DEPl CITY CITY aJ a, E u [I] .rl .!-I 4 a F .ti a G rd u [I] &I aJ a s w 0 a g d a i3 a, a, 5 VI cd E u & : h x a, 7-1 L1 4 .rl u 5 a 5 G a, -ti d u g cn g E L) u -4 aJ s H m .. 2 \ I- rl 0 cn o - a hl 1 m $ z 3 0 0 C17aOF CARLSBAD - AGENW BILL \ RECOMMENDED ACTION: ADOPT Resolution No. 67 -87 , APPROVING a Memorandum Understanding between the Cities of the San Diego Region said Cities and the County of San Diego. ITEM EXPLANATION The SANDAG Task Force on Cities-County Coordination was for as a result of the SANDAG Regional Governmental Responsibilit and Revenues Study which recommended that a task force composed of representatives of the San Diego County Plann Directors Association and Public Works Directors to prepar set of procedures intended to increase coordination among cit in the County and between Cities and the County in regard planning and land use regulation. In the past, interjurisdictional notification has been triyye by proximity. For instance, the County of San Diego SE referrals to a City if a proposed project is located within sphere of influence or within a one mile radius of the C Boundary. This Memorandum of Understanding (Exhibit 2) has k prepared by the task force to establish a regional notificat system and is designed to ensure full communication betb jurisdictions on land use and development matters. identifies a notification procedure for development projc which may have regional impacts, as well as providing notification between cities. The Memorandum (MOU) is based upon Government Code Sect 65919.1 (Exhibit 3), that states a county and a city may a! upon a procedure for referral of comments on proposed 1 development projects. The MOU identifies procedures for all the following types of notification: 1, County Referral of Proposed Actions to City 2. City Referral of Proposed Actions to County 3. City Referral of Proposed Actions to Another C: EXHIBITS 1. Exhibit 1 (City Council Resolution No. 85-87 ) 2. Exhibit 2 (MOU) 3. Exhibit 3 (Government Code Section 65919.1) 1 2 3 4 5 6 7 8 g e 0 RESOLUTION NO. 89-87 A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTAN BETWEEN THE CITIES OF THE SAN DIEGO REGION AND SAID CITIES AND THE COUNTY OF SAN DIEGO. The City Council of the City of Carlsbad, Califorr hereby resolve the following: WHEREAS, Government Code Section 65919.1 states that and a City may agree upon a procedure for referral by thi to the City or by the City to the County of proposed act for comments upon those proposals; and 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 \ NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Col Carlsbad, California as follows: 1. That the above recitations are true and cor ‘2. That cil approves the Memor? and Use And Development \\ at a regular meetir day AYES : NOES : ABSENT : CLAUDE A:\ LEWIS, Mayor \ \ ATTEST : \ \, ALETHA L. RAUTENKRANZ, City Clerk (SEAL) EXHIBIT a 0 MEMORANDUM OF UNDERSTANDING FOR NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS BY COUNTY OF SAN DIEGO AND THE CITIES THIS AGREEMENT is made and entered into by and between each of the Cities of t San Diego Region, hereinafter called "Cities", and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter called "County"; RECITALS WHEREAS, Government Code Section 65919.1 states that a county and a city may agree upon a procedure for referral by the county to the city or by the city t the county of proposed actions and for comments upon those proposals; and WHEREAS, Board of Supervisors Policy 1-55 encourages joint land use planning i spheres of influence and recognizes that the accommodation of both city and County interests "might i nvol ve agreement on 1 and use and ci rcul ation systems, the phasing of development and annexations, facility financing arrangements, city review of proposed designs/facilities/plans for compatibility with city standards and/or other planning and fiscal arrangements to address the unique needs of the sphere territories"; and WHEREAS, the Board of Supervisors of the County of San Diego has recommended that all jurisdictions within San Diego County should agree to provide notice, share information and solicit comments from adjacent jurisdictions when development proposals are within a certain proximity of, and/or have impacts I surrounding jurisdictions; WHEREAS, obtaining early notification of proposed actions, solicitation of affected jurisdictions input and resolution of regional issues is beneficial a1 1 juri sdi cti ons ; AGREEMENT NOW, THEREFORE, the parties agree as follows: The County shall refer any proposed discretionary action regarding land use a devefopment including General Plan Amendments, zoning amendments, specific plans, and discretionary development applications, to the City when the proje or action meets any of the following criteria: a. The proposed project or action is within a City's Sphere of Influence, a defined by the Local Agency Formation Commission, or is within a City's designated planning review areas, as mutually defined and agreed to by t County and the City; or The proposed project or action is within a one mile radius of a City's boundary; or Section 1. County Referral of Proposed Actions to City. b. 0 0 ,, -2- c. The proposed project or action is located within a five (5) mile radius ( a city's boundary, if said project or action permits one of the followins types of regional facilities or has any of the following regional project characteristics: o Wastewater Treatment or Solid Waste Disposal Site o Transportation Center or Light Rail Transit Facilities o Government Center , Uni versi ty/Col 1 ege Campus , or Major Recreation Faci 1 i ti es o Floodplain Modification (To adjacent and downstream jurisdictions). o Road Capacity Modification and Relocation Affecting Regional Circulation Element Roads o Projects having any of the following characteristics (CEQA Guidelinl 15206( b) (2) ) : A proposed residential development of more than 500 dwelling units. A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of f 1 oor space. A proposed commercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor spacl A proposed hotel/motel development of more than 500 rooms. A proposed industrial , manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 squar feet of floor area. d, Exclusion Areas, Notwithstanding the above criteria, County referral s shall not be required for specific geographic areas, projects or actions which may be exempted in writing by a City otherwise entitled to receive the notice. Section 2. City Referral of Proposed Actions to County. A City shall refer any proposed discretionary action regarding land use and development including General Plan Amendments, zoning amendments, specific plans, and discretionary development applications, to the County when the proposed project or action meets any of the following criteria: a. The proposed project or action is located within a quarter mile of the nearest boundary between the City and the County. The proposed project or action permits one of the following types of regional facilities or has any of the following regional project characteristics: b. 0 0 -3- o Wastewater Treatment or Sol id Waste Disposal Site o o Government Center, University/Col lege Campus , or Major Recreation o Floodplain Modification (To adjacent and downstream jurisdictions) o Road Capacity Modi f icat i ons and Re1 ocat i ons affecting Regional Ci rcul ati on El ement Roads o Projects having any of the following characteristics (CEQA Guideline 15206(b) (2) ) : A proposed residential development of more than 500 dwelling units. A proposed shoppi ng center or busi ness establ i shment empl oyi ng more than 1,000 persons or encompassing more than 500,000 square feet of floor space. A proposed commercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor spacc A proposed hotel/motel development sf more than 500 rooms. A proposed industrial , manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying Transportation Center or Light :Rai’”i Transit Faci 1 i ties Facilities more than 40 acres of land, or encompassing more than 650,000 squarl - d feet of floor area. c, Exclusion Areas, Notwithstanding the above criteria, City referrals sha not be required for specific geographic areas, projects or actions which may be exempted in writing by the County. Section 3. City Referral of Proposed Actions to Another City. A City shall refer any proposed discretionary action regarding land use and development including General Plan Amendments, zoning amendments, specific pl ans , and discretionary development appl ications , to another city when the project or action meets any of the following criteria: a. The proposed project or action is located within a quarter mile radius o the adjacent City’s Boundary. The proposed project or action is located within an area where two or mc City Spheres of Influence over1 ap. The proposed project or action is located within a five (5) mile radius another city’s boundary, if said project or action permits one of the following types of regional facilities or has any of the following regic project characteristics: b. c. 0 0 -4- o Wastewater Treatment or Sol id Waste Disposal Site o Transportation Center or Light Rail Transit Facilities o o o o Government Center , Uni versi ty/Coll ege Campus, or Major Recreation Facilities Floodplain Modification (To adjacent and downstream jurisdictions) Road Capacity Modifications and Relocations affecting Regional Circulation Element Roads Projects having any of the following characteristics (CEQA Guideline 15206(b)(2)): A proposed residential development of more than 500 dwelling units. A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of f 1 oor space A proposed commerci a1 office bui 1 di ng empl oyi ng more than 1,000 persons or encompassing more than 250,000 square feet of floor spaa A proposed hotel/motel development of more than 500 rooms. A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 squari feet of floor area. d. Exclusion Areas. Notwithstanding the above criteria, City referrals to another City shall not be required for specific geographic areas, projec or actions as may be exempted in writing by the City otherwise receiving the notice. Section 4, Review and Comment by Affected City or County. The referral shall be directed to the City's or County's Planning Department, Unless otherwise designated. (45) days from the date the referral mailed, or such longer time as may be specified by the referring agency, to review, comment and make recommendations in writing on the consistency of thc proposed project or action with the affected City or County General Plan, speci fi c pl ans , and Zoni ng Ordinance. The Cities and the County shall coordinate on the review of certain discretionary actions regarding land use and development and shall provide adequate opportunity for comment. If the affected City of County provides comments and recommendations with the established time limits, the decision t shall consider said comments and recommendations prior to taking action. The affected City or County shall have forty-fi of the proposed project or action is Section 5. Consideration of Comments. 0 0 -5- Section 6. Failure to Receive or Consider Referral. The failure of any jurisdiction to provide a referral pursuant to this Agreement, or failure to consider the comments received on a referral, shall nc constitute grounds for any court to invalidate the actions of the local agency, This agreement shall be effective upon its approval by the parties hereinafter Section 7. Term of Agreement. signed. Understanding may be terminated by any of the participating jurisdictions with regard to their individual participation, upon ninety days of written notice t all other parties hereinafter signed. * resolutions and on the dates set forth below: CITY OF CARLSBAD Resolution Res ol uti on Date Date CITY OF CORONADO Resolution Resol uti on Date Date CITY OF EL CAJON Resolution Date Date CITY OF ESCONDIDO CITY OF IMPERIAL BEA( Resolution Resolution Date Date CITY OF LA MESA Resolution Resol uti on Date Date CITY OF NATIONAL CITY CITY OF OCEANSIDE Resolution Resolution Date Date CITY OF POWAY CITY OF SAN DIEGO Resol uti on Resolution Date Date It is mutually understood and agreed that this Memorandum of IN WITNESS THEREOF, the parties have entered into this Agreement by the CITY OF CHULA VISTA CITY OF DEL MAR CITY OF ENCINITAS Resolution CITY OF LEMON GROVE 0 0 -6- CITY OF SAN MARCOS Kesolution Resolution Date Date CITY OF SOLANA BEACH Resol uti on Date Date COUNTY OF SAN DIEGO Date CITY OF SANTEE CITY OF VISTA Resol uti on Resol uti on CRESTO;C/C/ATTACHBC;Ol/31/89;tf ,eXHIBIT 3: 9 , ,(, q( ) v fi: ItN Ri fixw c o 1) E .. $ GS919. 1)cficriLions As used in Uiis chapter the Collowiiig ternis IIIGIII: (a) “Affected city” means a city within whose pl:innirig rcvicw arm an affected territoq (I,) “Affectcd territory” means an area of I;id located in the unincorporated portion ( which is tlic subject on one or more proposed actions. (c) “l’roposed action” means a prop~sal to ;idopt or amend all or part of a general or s, or to adopt or amend a zoning ordinance, but docs not iriclude action taken by an ordin beanie effective immediately pursuant to subdivision (b) or (d) of Section 25123 or I: Scction 65858. (d) “Planning review area” means the Urritory inclnded in a ‘ general plan or in a whichever of the following includes the largest area and, in the case of a county, shall I plan of 5 city or county. A planning review area in the case of a city shall not exte beyond the territory described in paragraph1 (2) or (3}, whichever includes the tar, (1) The area included within the sphere of influence of the city. (2) A radius of one mile outside the boundary of the city which area shall not include an (3) An area which is agreed upon and designated by a county and a city within tl within the sphere of influence of another city. (Added by Stats.1983, c 860, § 2. Amended by Stats.1986. c 443, 5 1.) 1 So ia cnrdkd bill. Lib- Referenas words aad phraws (Pam. Ed.) 8 65919.1. Procedure and comment on referrals A county and a city may agree upon a pdure for referral by the county to the City city to the counq of proposed actions and for comment upon those proposals *. In th of & agreement, the procedures prescTibed by this chapter shall be followed. (Added by Stats.1983, c. W.8 2 Armended by Sizits.1986, c 4-43, 8 2) 4 659193. lblap of planning reoiew mea * A ciQ which desires referrals ,hm a county or a county which desires referraIs fir punruant to this ch&er shdfle with the co&t, or the ;eitp. as the - may %a map tl5thethecaSeY appmpria&.documt which indicates the portion of the county or the e, (Added by Stata.l983, c W;§ 2 Amended by Stats.1986, c 443, Q 3.) 4 659193. Re€- proposed dons to affd citiea or amntiea ~xcept as O-.p-ided in ssction t~19.10, before’.&e board of sqem-isors s proposed en, the COUUQ ~han refer the proposed-action to each affected city, and beforr coullcil acts on 8 proposed action, the city SW refer the proposed action to the am with the.procednre set forth in Sect10 * 11s 65919.4 and 65919.5. (Added by Stab-1983, c 860,s 2 Amended by Stats.1986, c 4-43, § 4) § 65919.4. Notice; pkposed actions . @J Not iakr than the date the county notices the public hearing on a proposed action k county planning commission, the county shall notify an affected city of the nature of the 1 action. @) Not later than the date the city notices the pubiic hearing on a proposed action before plannina commission, the city shall notify the county of the nature of the propose @ The,information in the notification shall not be less than the information contained in tl of public hearing. The notification required by this section and by Section 65919.8 shall be ._ . planningtwieppm . .. . .. fi=t**ass mail or by hand delivery. The notice shall also indicate the earliest date on H Asterisks * * * indlcate deletions by amendment 21 4 44 0 C.O\'EICNMENT COI bird of sujwrvisors or city council, as ttrc cxsc ~n:~y bet can act on tlrc proposcd action or modification to tlrc Iiroposcd action. (Added by St;lts.1983. c. 860. 4 2. Amended by Shts.198G. c. 443, 4 5.) 5 65919.5. Kcvicw and cornmcnt by affect4 citics or counties The board of supwvisors or city council to which tlic proposed ackn is referred pursuanl Section 65919.3 shall have 45 days fmm the date the county or city, as thc case may bel mails delivers the proposed action, or such longer time as. the county or city, as thc case may bet spcci or allows at the request of the affected city or county, as the case may be, to review and to comm and to make recommendations on the consistency of the yropsed action with applicable geneml specific plans and zoning ordinances of the affected city or county. if the affected city G does not provide the comments and recommendations to the referring county or city within 4Way period, or such longer time as the referring county o& has specified or allowed at request of the affected city or county, the board of supervisors or city council may act witf considering those comments. If &he affected city or county provides the comments and recommendations prior to the time the'" planning commission acts on the proposed action, the planning commission shall consider the comments and recommendations. (Added by Stats.1983, c. 860, Q 2. Amended by Stats.1986. c. 443, 9 6.) Q 65919.6. Comments and recommendations of affected cities or counties; consideration Before acting upon a proposed action, the county shall consider comments and rewmmendal received from each affected city and the city shall consider comments and recommendations rece from the county. (Added by Stats.1983, c. W, j 2 Amended by Stats.1986, c 443, g 7.1 5 65919.7. Modificatoa and refd back of proposed actions cound modifies and refers a prom action back tc planning commission pursuant to 32%- n 65356 or 65857,. the board of sum rsorcitycouuc the case maybe, shan at the same time 0 refer the modification to the proposed action to affected city or counQ in accordance with sections 659198 and 65919.9. (Added by Stats.1983, c 860,s 2. Med by Stats.1986, c 4.45,§ 8.) 0 65919.8. Review of, comment *d.&mmendations .. on mdi&tion;. time The refd SW ab~escribe the-madification to the pqosed actioa- ~n~r city or a to which the modification is refad shan have 25 days from the date of the ref& or dili .pecifies or sllows at the request of the affeetedeity maw to review to make recommendations on the consistency of the pmpoGTi of the .affected city or comb withapplicabkgeneralandspec@cplansandmningo - the affected city or man does not provide the cord= recommendations tom -y period, or such longer time as the referrin county or= council may act without conaidering those comments. If the affected city or cy@ provides the comments and recommendations prior to the tim the'** planning comrmsslon acts on the proposed action, the planning commission ahal consider the * comments ad recommendations. If the board of supe;-crisofi or a amntyor to comment timesatheP 8GP coomd or allow4 at the request. of the affected city or counw, the -79 boa of auperviGiZ 6 If the pwg md~n fails to act, the modification may become effective pursuant to S 65356 or 65857, without consideration of the comments and recommendations. (Added by Stats.1983, c 860, 8 2. Amended by Stats.1986, c. 443, 9 9.) Q 659I9.9. Comments and recommendations of affected cities or counties on modific Prior to acting on the modification, the board of supervisors shall consider the commen recommendations received from each affected city and the city council shall consider the corn and recommendations from the county. (Added by Stats.1983, c 860, 5 2. Amended by Stats.1986, c. 443. 5 IO.) Underline indicates changes or' additions by amen 22 @OV~ICNM ENT co 1) IC 0 i g 65Y 19.10. Zinittg ordicriincc clrm~clc; referrals: exemption - If UIC proposed action is a cllaci~c it\ a zotiicig ordiciarrce. Uie county 09 nccd i zouifig lrrqrosal f~ an aflcckcl city or coullty, as the case ;nay I~c, if ttic zoning proposal with the general plan ' and the gcncr:il plan Imposal was referred and actcd upoc Sections 65919.4 to 65919.9, inclusive. as qqilialk!. (Added by Stats.1983. c. 860, $ 2. tj G5919.11. Atncndcd by Slak.1886. c. 443, 0 11.) Procedural nonconrpliancc; validity of proposed actions Failure to comply with ttre procedural requirements of this cliapter shall not affect tli . -- any proposed action. (Added by Stats.1983. c. 860, $ 2.) 3 65919.12. Duration of chapter . This chapter shall remain in effect only until January 1. 1990. and as of that date unless a later enacted statute, which is chapter4 before January 1, 1990, deletes or e date. (Added by Stats.1983, c. 860, 6 2.) CHAPTER 425. REVIEW AND APPROVAL OF DEVELOPMENT PROJEC ART'ICLE 1. GENERAL PROVISIONS Section .. 65922.3. Office of permit assistan= duties. purposes and responsibilities; guidelines. 659225. Advisory nature of guidelines. 659238 Development project lead agency to inform applicant of office :of permit 65922.7. w permit proces~; bhid assistance ad g~~&-in-ai& conflict beta lines and expedited permit process of county or city. CmssReferUKu ApQIsdm ac dq?a to ipphtions for h.llardws .. .- waste facility Projects ~ec Health.4 safe code. . ..- .. .: .. 0 n1w.z 4 65920. .pP~lic agtades; *?ion .of titti &ts; .application of chapter . .. -. .. -.. . . .. .. . .I . :.. . , . 1.. . :. . .. . . : .I ' .. . .' .. . .. porpore otwila k '0:pEOmobt .mluiy, rtl hgmoaiaK6evdopmcllt. and f8a tbitritc m 4 - whae = -Y be MY - dol alqud-vhichcrata- mm icfi.camty'rpowatodth8t~ deay~~~byrrtijacting~pojedsto~ ... kdocutitiMefatfiatloatioa Wesky hv.C dcvdopment &, do not adii but rather, f&s da Counry (App 1Dist-1984) 198 G+W listingofpcrmiaed~kgualifcdbylattcrprovision, CAM672 8 659223. Offxce of permit assistanoe; duties, purposes. responsibilities; guidelines The Office of Permit. Assistance is hereby created in the Office of Planning and Reses office succeeds to, and is vested with, all of the duties, purposes, and responsibilities requ performed by the.0ffice of PIaMing and Resea& pursuant to former Article 6 (amme! Section 65050) of %hapter 1.5 of Division 1 of Title 7 of the Government Code. The 01 develop guidelines to provide technical assistance fo counties and cities in establishing and an expedited development permit process. The guidelines shall include, but not be Iimita the following elements of a local permit process: (a) A cenM contact point with a public agency where all permit applications can be information on all permit requirements can be obtained. 04 .A referral process to (1) refer the applicant to the appropriate functional area for re5 problems and fulfillment of requirements. (2) refer the applicant to cities within the county Asterisks * ~ indicate deletions by amendment .. . ,. . . ._ Nota.cDecfdorn- -. . .- : LIaaeoenl ... .. Zdngadinmcc; vfrifb palilibpseq *parinCI 23 0 * NOTICE OF PUBLIC HEARING MEMO OF UNDERSTANDING REGARDING LAND USE ACTIONS NOTICE IS HEREBY GIVEN that the City Clerk of the City of Carlsbad will hold a pi hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, March 21, 1989, to consider approval of a Memorandum of UT for Notification of Land Use and Development Actions by the County of San Diego i Cities of the San Diego Region. If you have any questions regarding this matter, please call the Planning Depart1 438-1161. If you challenge the Memorandum of Understanding in court, you may be limited to only those issues you or someone else raised at the public hearing described in . notice, or in written correspondence delivered to the City of Carlsbad, City Cle: Office at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH : March 10, 1989 CARLSBAD CITY COUNCIL '=,Et17 E:'.{ : Ir: RjTSprJ c ;-Ty c 3- &;:;'3 : i. 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Q 3 B* (Form A) b TO: CITY CLERK'S OFFICE FROM: Planning Department RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice Memorarldum of Understanding for Notification of Land Use and Development Actions by County of San Diego and the Cities for a public hearing before the City Council. Please notice the item for the council meeting of March 21, 1989 Thank you. Date hQ- Q-&. Assistlant City Man-