HomeMy WebLinkAbout1989-12-19; City Council; 10427; MINOR AMENDMENTS TO MEMORANDUM OF UNDERSTANDING FOR NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS BY COUNTY OF SAN DIEGO AND THE CITIES.
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I -: CIT'i@F CARLSBAD - AGENDelLL
AB#* TITLE: MINOR AMENDMENTS TO MEMORANDUM OF UNDER- DEI
CIT MTG.
DEPT. PLN AND THE CITIES. CIT
RECOMMENDED ACTION:
STANDING FOR NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS BY COUNTY OF SAN DIEGO 1211 9189
ADOPT Resol uti on No .' """APPROVING mi nor changes to the Memorandum of Unc between the Cities ofe San Diego Region and said Cities and the Cot Di ego.
ITEM EXPLANATION
Early this year the SANDAG City/County Coordination Task Force drafted a of Understanding (MOU) for use by all jurisdictions within the Region notification of land use actions potentially affecting other jurisdicti
The County Board of Supervisors approved the MOU on May 22, 1989 and fc to all eighteen cities for review and approval. On July 11, 1989 Counc Resolution No. 89-223 approving the MOU and as of November 9, 1989 over I Region's cities have approved the agreement. Other cities sugge amendments for consideration by the Task Force. These amendments have bel by the Task Force and have been incorporated into the revised MOU attachc
2) *
The proposed revisions help to clarify the MOU and make it easier to These revisions include:
(1) Clarification that "discretionary actions'' means current1
(2) Clarification that the required referrals do not include C
discretionary actions;
projects ;
(3) A change in the notice area, from the quarter mile from city bc 300 feet from the boundary (this revision is more in keeping with the con 300 feet project noticing, and thus will not require a separate deline quarter mile notice area);
(4) A five mile limitation on the distance for noticing the larger, significant projects (the current MOU had no such limitation, resulting having to be sent to jurisdictions far removed from any impacts of the I
(5) Clarification that the 45 day notice period for regionally s projects can be reduced if the State Clearinghouse approves a shorter, 30 period (as provided for in CEQA).
This revised MOU represents the final version of the Agreement and it is this one agreement will be used regionally, rather than to have a number ( agreements between jurisdictions.
e a
PAGE TWO OF AGENDA BILL NO. /L? -./a/7
FISCAL IMPACT
None.
EXH I BITS
1. City Council Resolution No. 8,9-+#6.
2. MOU (Strikeout copy) 3, MOU 4. Agenda Bill No. 10,116 with attachments
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RESOLUTION NO. 89 - 446
A RESOLUTION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING MINOR AMENDMENTS
TO MEMORANDUM OF UNDERSTANDING 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, Calij
does hereby resolve the following:
WHEREAS, Council adopted Resolution No. t
approving the MOU on July 11, 1989; and
WHEREAS, revisions have been incorporated int
Agreement to clarify the MOU and make it easier to implei
NOW, THEREFORE, BE IT RESOLVED by the City Counl
the City of Carlsbad, California, as follows:
1, That the above recitations are true and co-
2. That the City Council approves minor amenc
to the Memorandum of Understanding for Notification of La
and Development Actions by County of San Diego and the C
PASSED, APPROVED AND ADOPTED at a regular meet
the City Council of the City of Carlsbad on the 19th d
December , 1989, by the following vote, to wit:
AYES: Council Members Lewis, Pettine, and Larson
NOES: None
ABSENT! Council Members Kulc
ATTEST :
W
EXHIBIT
1.- .- ( St ri keou
e
MEMORANDUM OF UNDERSTAN11 I NG FOR NOTIFICATION OF LAND USE AND DEVELDPPIENT ACTIONS
BY COUNTY OF SAN DIEGO AND THE CITIES
THIS AGREEMENT is made and entered into by and between each of the Cities of San Diego Region, hereinafter called "Cities", and the COUNTY OF SAN DIEGO,
political subdivision of the State of California, hereinafter called "Count)
RECITALS --
WHEREAS, Government Code Section 65919.1 states that a county and a city maj
agree upon a procedure for referral by the county to the city or by the citj the county of proposed actions and for comments upon those proposals; and
WHEREAS, Roard of Supervisors Pol icy 1-55 encourages joint 1 and use pl anni nl spheres of influence and recognizes that the accommodation of both city and
the phasing of development and annexations, facility financing arrangements
city review of proposed designs/facilities/plans for compatibility with cit.
standards and/or other planning and fiscal arrangements to address the uniyl needs of the sphere territories"; and
WHEREAS, the Board of Supervisors of the County of San Diego has recommende
that all jurisdictions within San Dieyo County should agree to provide noti share information and solicit comments from adjacent jurisdictions when development proposals are within a certain proximity of, and/or have impact surrounding jurisdictions; and
WHEREAS, obtaining early notification of proposed actions, solicitation of affected jurisdictions' input and resolution of regional issues is benefici a1 1 jurisdictions;
County interests "might i nvol ve agreement on 1 and use and ci rcul ation syste,
AGREEMENT
N014, THEREFOREy the parties agree as follows:
Section 1, County Referral of Proposed Actions to City.
The County shall refer any proposed discretionary action for which the Coun
~. currently notices or is required by law to notice regarding land use and devel opment i ncl udi ng General P1 an Amendments, zoni ng amendments , speci f ic
pl ans , and discretionary devel opment appl i cati ons to the City when the proj
or actions meets any of the following criteria:
a. The proposed project or action is within a City's Sphere of Inflcience,
defined by the Local Agency Formation Coinmission, or is within a City'
designated planning review areas, as mutually defined and ayreed to by County and the City; or
The proposed project or action is within a one mile radius of a City's
boundary; or b.
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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 followir types of regional facilities or has any of the following regional projec characteristics:
Facilities:
o New regional wastewater treatment plants or solid waste disposal
o New airports, transportation centers or light rail transit facilit
o
sites; or
or New government centers, university or coll ege carrlpuses, regional recreation facilities, or criminal justice facilities; or
Modifications of floodplains which would cause an accelerated flow
floodwaters or otherwise potenti ally affect downstream properties located in adjacent jurisdictions; or
highways which would adversely affect their capacity or function;
o
o Modi f i cations or re1 ocat i ons of regional ci rcul at ion el ement roads
Characteristics:
o Projects having regional characteristics as defined in Section
15206 (b) (2) of the Cal if orni a Envi ronmental Qual i ty Act Gui del i nes
o residential developments of more than 500 dwelling units;
o shopping centers or business establ i shments employing more th 1,000 persons or encompassing more than 5c10,OOO square feet c
floor space;
o commercial office buildings employing more than 1,000 persons
o hotel /motel developments of more than 500 rooms;
o industrial , manufacturing, processiny plants, or industrial g planned for more than 1,000 persons, occupying more than 40 2
of land, or encompassing more than 650,000 square feet of flc
area.
encompassing more than 250,000 square feet of floor space;
d. Exclusion Areas. Notwi thstandi ng the above criteria, County referrals shall not be required for specific geographic areas, projects or actior
which may be exempted in writing by a City otherwise entitled to recei\
the notice. County referrals shall not be required for discretionary actions that are exempt from the Cal i forni a Envi ronmental Qual i ty Act,
Section 2. City Referral of Proposed Actions to County.
A City shall refer any proposed discretionary action for which the City
currently notices or is required by law .- to notice regarding land use and
devel opment, i ncl udi ng General Plan Amendments, zoni ng amendrients, speci fic pl ans and discretionary development appl i cati ons to the County when the pro
project or action meets any of the following criteria:
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a. The proposed project or action is located within three hundred feet (30
a-qHa&ep-mi4e 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:
Faci 1 it i es:
o New regional wastewater treatment plants or solid waste disposal
o New airports, transportation centers or light rail transit facilit
o New government centers , uni versi ty or col 1 ege campuses, regional recreation facilities, or criminal justice facilities; or o Modifications of floodplains which would cause an accelerated flok floodwaters or otherwise potenti a1 ly affect downstream properties located in adjacent jurisdictions; or
o Modifications or re1 ocati ons of regional ci rcul ati on el ement road:
highways which would adversely affect the1 r capacity or function;
b.
sites; or
or
Characteristics:
o Projects having regional characteristics as defined in Section 15206( b) (2) of the Cal i fornia Environmental Qual ity Act Guide1 ine:
o residential developments of more than 500 dwelling units;
o shopping centers or business establishments employing more tt
1,000 persons or encompassing more than 500,000 square feet ( floor space; o commercial office buildings eqploying more than 1,000 person: encompassing more than 250,001) square feet of floor space;
o hotel /motel developments of more than 500 rooms;
o industrial, manufacturing, processing plants, or industrial I planned for more than 1,000 persons, occupying more than 40 i
of land, or encompassing more than 650,000 square feet of fl
a rea .
c. Exclusion Areas. Notwithstanding the above criteria, City referrals s not be required for specific geographic areas, projects or actions whi
may be exempted in writing by the County. City referrals shall not be
required for discretionary actions that are exempt from the California Envi ronmental Qual i ty Act.
Section 3, City Referral of Proposed Actions to Another City,
A City shall refer any proposed discretionary action regarding land use and development , i ncl udi ng General P1 an Amendments, zoni ny amendments, specific plans and discretionary development applications to the appropriate city wh the proposed project or action meets any of the followiny criteria:
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a. The proposed project or action is located within three hundred feet (30(
a-ya&eF-mi+e of the adjacent city's boundary; or
b. The proposed project or action is located within an area where two or mc City Spheres of Inf 1 uence over1 ap; or
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 reyii project characteristics:
Facilities:
o New regional wastewater treatment plants or solid waste disposal
o New airports, transportation centers or light rail transit facilit
o
o Modifications of floodplains which would cause an accelerated flow
c.
sites; or
or
New government centers , uni versi ty or coll ege campuses , regional
recreation facilities, or criminal justice facilities; or
floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or o Modifications or relocations of regional circulation element roads
hi ghways which woul d adversely affect thei r capacity or f uncti on ;
Characteristics:
o Projects having regional characteristics as defined in Section 15206(b)(2) of the California Environmental Quality Act Guidelines
o residential developments of more than 500 dwelling units; o shopping centers or business establishments employing more th 1,000 persons or encompassing more than 500,000 square feet o
floor space;
o cotrlmercial office buildings employing more than 1,000 persons encompassing more than 250,000 square feet of floor space; o hotel /motel developments of more than 500 rooms; o industrial, manufacturing, processing plants, or industrial 1 planned for inore than 1,000 persons, occupying nore than 40 i
area. of land, or encompassing more than 650,000 square feet of flc
d. Exclusion Areas. Piotwi thstandi ng the above criteria, City referrals tc another City shall not be required for specific geographic areas, projt or actions as may be exempted in writing by the City otherwise receivir
the notice. City referrals shall not be required for discretionary acl
that are exempt from the California Environmental Quality Act.
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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. For any General Plan Amendment, Zone
Reclassification, Specific Plan application or amendment, or for any project
regional significance as set forth by Sections l(c), 2(b) or 3(c), the affec
City or County shall have not less than forty-five (45) days from the date t
referral of the proposed project or action is mailed, unless the State
Clearinghouse approves a thirty (30) day review period, eF-s~€k-k3Rgef-%ime-
aay-Be-sge€i#ie~-By-~be-~e~e~~?~g-age~€~~ to review, comment and make
recommendations in writing on the consistency of the proposed project or act
with the affected City or County General Plan, specific plans, and Zoning
Ordinance. For all other discretionary actions regarding land use and
development, the affected city or County shall be provided notice of the loc
hearing(s) on said action, and shall have the same time to review and commen
set forth in the public notice requirements of the referring City or County.
Section 5. Consideration of Comments,
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 or County provides
comments and recommendations within the established time limits, the
decision-makiny body shall consider said comments and recommendations prior
taking action. Upon request, the decision-naking jurisdictions shall, prior
the public heariny, provide the commenting agency with the staff report or c
appropri ate document (s) whi ch contain the consideration of comments recei vec
during the review period.
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
constitute grounds for any court to invalidate the actions of the local age1
Section 7. Term of Agreement.
This agreement shall be effective as to any individual party upon that part:
approval, It is mutually understood and agreed that this Memorandum of
Understanding may be terminated by any of the participating jurisdictions w
regard to their individual participation upon ninety days of written notice
all other parties hereinafter signed.
*
resolutions and on the dates set forth below:
CITY OF CARLSBAU CITY OF CHULA VIST
Kesol uti on
Oat e Date
IN WITNESS THEREOF, the parties have entered into this Ayreernent by thi
Resol uti on --
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CITY OF CORONAOO
Resol uti on Date Date
CITY OF EL CAJON
CITY OF DEL MAR
Resolution -__- -
CITY OF ENCINITAS
Resol uti on Kesol uti on - Oat e Date -
CITY OF ESCONOIDO
Resol uti on
CITY OF IMPERIAL BE
Resol uti on -- -_--
.- Oate Date
CITY OF LEMON GROVE
Resol uti on CITY OF LA MESA
Resol uti on -- Date Date -
CITY OF NATIONAL CITY
Resol uti on
CITY OF OCEANSIDE
Resol uti on -- -_- Date Date -
CITY OF POWAY
Kesol uti on Date Date
CITY OF SAN MARCOS
Date
CITY OF SOLANA REACH
CITY OF SAN DIEGO
Kesol uti on
__-
CITY OF SANTEE
Resol uti on
Date
CITY OF VISTA
Resol uti on
Date
-__ : Resol uti on -
Kesol uti on ~- Oat e
COUNTY OF SAN DIEGO
Resol uti on Date
CKESTO;C/C/ATTACHRC;sv
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*.. .- EXHIBIT 3
PIEMORANDUM OF UNLIERSTAND I NG FOR NOTIFICATION OF LAND USE AND nEVELOPMENT ACTIONS
BY COUNTY OF SAN DIEGO AND THE CITIES
THIS AGREEMENT is made and entered into by and between each of the Cities of
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
the county of proposed actions and for comments upon those proposals; and
WHEREAS, Board of Supervi sors Pol icy 1-55 encourages joi nt 1 and use pl anni ng
spheres of influence and recognizes that the accommodation of both city and County i nt erests "mi ght i nvol ve agreement on 1 and use and ci rcul at i on system the phasi ng of devel opment and annexations, faci 1 i ty financing arrangements , city revi ew of proposed desi gns/f aci 1 iti es/pl ans for compati bi 1 i ty with city standards and/or other planning and fiscal arrangements to address the uniqu needs of the sphere territories"; and
WHEREAS, the Board of Supervisors of the County of San Diego has recommended
that all jurisdictions within San Dieyo County should agree to provide notic
share information and solicit comments from adjacent jurisdictions when development proposals are within a certain proximity of , and/or have impact: surrounding jurisdictions; and
WHEREAS, obtaining early notification of proposed actions, solicitation of affected jurisdictions' input and resolution of regional issues is beneficii a1 1 juri sdi cti ons;
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
Section 1. County Referral of Proposed Actions to City. The County shall refer any proposed discretionary action for which the Count
currently notices or is required by law to notice regarding land use and
development i ncl udi ng General Pl an Amendments, zoni ng amendments, specific
pl ans , and di screti onary devel opment appl icati ons to the City when the proj
or actions meets any of the following criteria:
a. The proposed project or action is within a City's Sphere of Influence,
defined hy the Local Agency Formation Commission, or is within a City' designated planning review areas, as mutually defined and agreed to by
County and the City; or
The proposed project or action is within a one mile radius of a City's
boundary; or
b.
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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 followi
types of regional facilities or has any of the following regional proje
characteristics:
Faci 1 it i es:
o New regional wastewater treatment plants or solid waste disposal
o New airports, transportation centers or light rail transit facilit
o New government centers, university or college campuses , regional
recreation facilities, or criminal justice facilities; or o Modifications of floodplains which would cause an accelerated flov
floodwaters or otherwise potentially affect downstream properties
located in adjacent jurisdictions; or
o Modi f i cat i ons or re1 ocat i ons of regional ci rcul at i on el ement road: highways which would adversely affect their capacity or function;
sites; or
or
Characteristics:
o Projects having regional characteristics as defined in Section
15306(b)(2) of the California Environmental Quality Act Guideline:
o residential developments of more than 500 dwelling units; o shopping centers or business establ ishrnents employing more tf 1,000 persons or encompassing more than 500,000 square feet c
floor space; o corlmercial office buildings employing more than 1,000 person:
encompassing more than 250,000 square feet of floor space; o hotel /motel developments of more than 500 rooris ;
o industrial , manufacturing, processing plants, or industrial [ planned for more than 1,000 persons, occupying more than 40 2 of land, or encompassing more than 650,UOO square feet of flc area.
d, Cxclusion Areas. Notwithstanding the above criteria, County referrals shall not be required for specific geographic areas, projects or actio
which may he exempted in writing by a City otherwise entitled to recei
the notice. County referrals shall not be required for discretionary
actions that are exempt from the California Environmental Quality Act.
Section 2. City Referral of Proposed Actions to County.
A City shall refer any proposed discretionary action for which the City currently notices or is required by law to notice regarding land use and
devel opment, i ncl udi ng General P1 an Amendments, zoni ng amendments, speci f ic pl ans and discretionary development appl ications to the County when the pro project or action meets any of the following criteria:
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a, The proposed project or action is located within three hundred feet (30( of the nearest boundary between the City and the County; or
regional facilities or has any of the following regional project characteristics:
Faci 1 iti es:
o New regional wastewater treatment plants or solid waste disposal
o New ai rports, transportation centers or light rail transit facil it
o
o Modifications of floodplains which would cause an accelerated flor
o irlodi f i cati ons or re1 ocati ons of regional ci rcul at i on el ement roads
b. The proposed project or action permits one of the following types of
sites; or
or
New government centers, university or cO11ege campuses, regional recreation facilities, or criminal justice facilities; or
floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or
highways which would adversely affect thei r capacity or function ;
Cha fact eri st i cs :
o Projects having regional characteristics as defined in Section 15206(b)(2) of the California Environmental Quality Act Guideline!
o residential developments of more than 500 dwelling units; o shopping centers or business establishments employing more tl
1,000 persons or encompassing more than 500,000 square feet I
f 1 oor space ; o commercial office buildings employing more than 1,000 person
encompassing more than 250,000 square feet of floor Space:
o hotel /motel developments of more than 500 rooms;
o industrial, manufacturing, processing plants, or industrial planned for more than 1,000 persons, occupying more than 40
of land, or encompassing more than 650,000 square feet of fl
area,
c. Exclusion Areas, Notwithstanding the above criteria, City referrals c
not be required for specific geographic areas, projects or actions whi
may be exempted in writing by the County. City referrals shall not bc requi red for discretionary actions that are exempt from the Cal iforni;
Envi ronmental Qrral ity Act.
Section 3. City Referral of Proposed Actions to Another City,
A City shall refer any proposed discretionary action regarding land use an(
development, including General P1 an Amendments, zoni ny amendments, speci f ic
pl ans and di screti onary development appl i cati ons to the appropriate city w'
the proposed project or action meets any of the following criteria:
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a. The proposed project or action is located within three hundred feet (30 of the adjacent city's boundary: or
b. The proposed project or action is located within an area where two or m City Spheres of Influence over1 ap; or
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 regi project characteristics:
Facilities:
o New regional wastewater treatment plants or solid waste disposal
o New airports, transportation centers or light rail transit facilit
o New government centers , university or col 1 ege campuses , regional
o
c.
sites; or
or
recreation facilities, or criminal justice facilities; or Modifications of floodplains which would cause an accelerated flor floodwaters or otherwise potenti a1 ly affect downstream properties
located in adjacent jurisdictions; or
highways which would adversely affect thei r capacity or function; o Modifications or relocations of regional circulation element roads
Cha racteri sti cs :
o Projects having regional characteristics as defined in Section
15206(b)(2) of the California Environmental Quality Act Guideline!
o residential developments of more than 500 dwelling units;
o shopping centers or husi ness establ ishments employing more tl
1,000 persons or encompassing more than 500,000 square feet I
f 1 oor space; o commerci a1 off i ce bui 1 dings empl oyi ng more than 1,000 person: encompassing more than X0,000 square feet of floor space; o hotel /motel developments of more than 500 rooms ; o industrial, manufacturing, processing plants, or industrial I planned for more than 1,nOO persons, occupying more than 40 l
of land, or encompassing more than 650,000 square feet of fli a rea.
d. Exclusion Areas. Notwithstanding the above criteria, City referrals t
another City shall not be required for specific geographic areas, proj
the notice. City referrals shall not be required for discretionary ac
that are exempt from the California Environmental Quality Act,
or actions as may be exempted in writing by the City otherwise receivi
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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, For any General Plan Amendment, Zone Reclassification, Specific Plan application or amendment, or for any project
regional significance as set forth by Sections l(c), 2(b) or 3(c), the affec.
City or County shall have not less than forty-five (45) days from the date tl referral of the proposed project or action is mailed, unless the State Clearinghouse approves a thirty (30) day review period, to review, comment ai make recommendations in writing on the consistency of the proposed project o action with the affected City or County General Plan, specific plans, and Zo Ordinance. For all other discretionary actions regarding land use and developnent, the affected city or County shall be provided notice of the loc
hearing(s) on said action, and shall have the same time to review and comrnen'
set forth in the public notice requirements of the referring City or County.
Section 5. Consideration of Comments.
The Cities and the County shall coordinate on the review of certain discretionary actions regarding land use and development and shall provide
adeqdate opportunity for comment. If the affected City or County provides
deci si on-maki ng body shall consider said comments and recommendations prior
taking action. Upon request, the decision-making jurisdictions shall, prior
the public hearing, provide the commenting agency with the staff report or o appropriate document(s) which contain the consideration of comments receivec during the review period.
comments and recommendations within the established time limits, the
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 constitute grounds for any court to invalidate the actions of the local ager
Section 7, Term of Agreement.
This agreement shall be effective as to any individual party upon that part) approval. It is mutually understood and agreed that this Memorandum of Understanding may be terminated by any of the participating jurisdictions w regard to their individual participation upon ninety days of written notice all other parties hereinafter signed.
* IN WITNESS THEREOF, the parties have entered into this Agreement by th
resolutions and on the dates set forth below:
CITY OF CAKLSBA9 CITY OF CHULA VIST
Kesol uti on
Rat e Date Resol uti on ___- _-
_- - --___
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CITY OF COKONRDO
Resol uti on
Date
CITY OF EL CAJON
Resol uti on Oat e Date
CITY OF ESCONDIDO
Date
CITY OF LA MESA
Resol uti on _- Date
CITY OF NATIONAL CITY
Resol uti on Date
CITY OF POWAY Resol uti on Date Date
CITY OF SAN MARCOS
Resol uti on
Date
CITY OF SOLANA REACH
Resolution Oat e Date
COIJNTY OF SAN DIEGO
Resol uti on
Date
CITY OF DEL MAR
Resol uti on
Date
CITY OF ENCINITAS
Resol uti on
---- --
-- ________ - -
CITY OF IMPERIAL REI
Resol uti on
Date
CITY OF LEMON GROVE
Resol uti on
Date
CITY OF OCEANSIoE Resol uti on
Date
CITY OF SAN DIEGO
Resol uti on
.-
Resol uti on - --
---
CITY OF SANTEE
Resol uti on Date
CITY OF VISTA
Resol uti on
_.
__--
--- ________
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CUESTO;C/C/ATTACHBC;sv
wAB#u &:MEMORAND, OF UNDERSTANDING FOR I I- MTG.* .. NOTIFICATION OF LAND USE AND . DEVELOPMENT ACTIONS BY COUNTY OF
SAN DIEGO AND THE CITIES DEPT. PLN
DE
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GIaCJF GAHbSitlALb - AC;itNm BILL E;:HIBIT
RECOMMENDED ACTION:
ADOPT Resolution: No. 89 c 32-3 , APPROVING a Memorandun
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 fo as a result of the SANDAG Regional Governmental Responsibili
and Revenues Study which recommended that a task force
composed of representatiueg of the San Diego County Plan Directors Association and Public Works Directors to prepa set of procedures intended to increase coordination among ci in the County and between Cities and the County in regart planning and land use regulation.
In the past, interjurisdictional notification has been trigg by proximity. For instance, the County of San Diego s
referrals to a City if a proposed project is located within sphere of influence or within a one mile radius of the
Boundary. This Memorandum of Understanding (Exhibit 3) has
prepared by the task force to establish a regional notifica
system and is designed to ensure full communication bet
jurisdi.ctions on land use and development matters.
identifies a notification procedure for development proj
which may have regional impacts, as well as providing notification between cities.
The Memorandum (MOU) is based upon Government Code Sec
65919.1 (Exhibit 3), that states a county and a city may E
upon a procedure for referral of comments on proposed
development projects. The MOU identifies procedures for a1 the following types of notification:
1.
2.
3. City Referral of Proposed Actions to Another C
The San Diego County Board of Supervisors approved
Memorandum of Understanding on May 22, 1989 and transmitted to each of the cities for approval.
EXHIBITS
County Referral of Proposed Actions to City
City Referral of Proposed Actions to County
1. Exhibit 1 (City Council Resolution No.8?8$,3 )
2. Exhibit 2 (Letter from County of San Diego, dated June
3. Exhibit 3 (MOU)
4. Exhibit 4 (Government Code Section 65919.1)
1989)
1
2
3
4
5
6
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RESOLUTION NO. 89-223
A RESOLUTION OF THE CITY COUNCIL OF CARTSBAD,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
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, California c
hereby resolve the following:
WHEREAS, Government Code Section 65919.1 states that a COI
and a City may agree upon a procedure for referral by the Co
to the City or by the city to the County of proposed actions
for comments upon those proposals; and
WHEREAS, Board of Supervisors Policy 1-55 encourages j
land use planning in spheres of influence and recognizes that
accommodation of both City and County intclreStS "Night in\
agreement on land use and circulation systems, the phasin
development and annexations, facility financing arrangements,
review of proposed designs/facilities/plans for compatibility
City standards and/or other planning and fiscal arrangemen'
address the unique needs of the sphere territories"; and
WHEREAS, the Board of Supervisors of the County of San I 1 has recommended that all jurisdictions within San Diego C
should agree to provide notice, share information and sc
comments from adjacent jurisdictions when development proposa
within a certain proximity of, and/or have impacts on surro
jurisdictions; and
WHEREAS, obtaining early notification of proposed ac
solicitation of affected jurisdictions input and resolut
regional issues is beneficial to all jurisdictions; 1
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Coun
Carlsbad, California as follows:
1. That the above recitations are true and corre
2. That the City Council approves the Memoran
Understanding For Notification of Land Use And Development P
By County of San Diego And The Cities.
PASSED, APPROVED AND ADOPTED at a regular meeting
day c City Council of the City of Carlsbad held on
, 1989 by the following vote, to wit:
AYES :
NOES :
ABSENT :
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, city Clerk
(SEAL)
I
+p*, w EXHIBiT u ;@-& :Lq%
*iy(C& I
4
JUN 2989 GIN MANAG\ CITY or NRLSBF
,‘ I x
i; ’
mo
anuntg of j&nt piego (-^
NORMAN W HICKEY
CHIEF ADMINISTRATIVE OFFICER
(L<.C It,ll>ll (.,><i#? 7101
ifils) 531 6390 CHIEF ADMINISTRATIVE OFFICE
1600 PACIFIC HIGHWAY SAN DIEGO CALIFORNIA 92101-2472 \, \
\
June 15, 1989
Ray Patchett, City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, Ca 92008
CITIES AND COUNTY COORDINATION ON LAND USE MATTERS
Dear Mr. Patchett:
On behalf of the San Diego County Board of Supervisors, I would like to invite each of the cities within the San Diego region to join with the County Board of Supervisors in approving the enclosed Memorandum of Understanding, which is designed to
improve notification and coordination on land use matters betweer
jurisdictions.
This Memorandum of understanding (MOU) is based upon Government
Code Section 65919.1, which authorizes the County and the cities
to agree upon a procedure for referral and comment on proposed
land development projects. In an attempt to design one agreement
that could be used by all jurisdictions in the region, the SANDAG
Task Force on City-County Coordination drafted the proposed MOU
and forwarded it to the County and to each of the cities for
review and comment. As a result of this staff review, the Task
transmitted it to the Board of Supervisors for action. The Board
unanimously approved the revised Memorandum of Understanding on
May 22, 1989, and is herein transmitting same to each of the
cities for similar approval.
Please note that the Memorandum provides for a 45 day referral
and comment period for major discretionary projects of regional
significance (as defined by the State Environmental Quality Act
Guidelines), and for a lesser referral period (based on each
city’s normal notification requirements) for the smaller projects
located within the Sphere of Influence areas and/or located in
close proximity to the common boundary between jurisdictions.
The attempt here was to avoid unnecessary paperwork and changes
to existing city and County notification procedures, while
assuring adequate notification on projects of interest to other jurisdictions.
Force revised the MOU to respond to the comments received, and
‘S 0 @
Norman W. Hickey -2- June 15, 19
Note that the intent of the MOU is to voluntarily enhance
notification/coordination procedures on land use projects whit are of interest to other jurisdictions. The MOU is not inten1 as a means for potential litigation for failure to provide su( notice. The MOU specifically states that failure to provide 1 notice, or failure to consider the comments received, shall nc
constitute grounds for a court to invalidate the actions of tl
jurisdiction. Also, please note that any jurisdiction may terminate their participation in the MOU by providing ninety ( notice.
We hope that this MOU will respond to the needs of each city,
will provide a useful procedure that all jurisdictions can us6
enhance regional coordination on major land use matters. Wit your support, this agreement will act to further our goal of
improving regional coordination.
If you have any questions with regard to the proposed agreemer please contact Mr. William Healy, Deputy Director of the Count
Department of Planning and Land Use, at 694-2969.
Sincerely, g RMAN $I’J W. HI 81 KEY
Chief Administrative Officer
NWH:WTH:tew
Attachments:
1) May 22, 1989 Board Report
2) Proposed Memorandum of Understanding
LAnlUr I . a 0
i
MCNORANDUM OF UNDERSTAND1 NG 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
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 * the county of proposed actions and for comments upon those proposals; and
WHEREAS, Board of Supervisors Policy 1-55 encourages joint land use planning
spheres of influence and recognizes that the accommodation of both city and
County interests "might involve agreement on land use and circulation systems
the phasing of development and annexations, facil ity 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 c surrounding jurisdictions; and
WHEREAS, obtaining early notification of proposed actions, solicitation of
affected jurisdictions' input and resolution of regional issues is beneficial all jurisdictions;
AGREE ME NT
NOW, THEREFORE, the parties agree as follows:
The County shall refer any proposed discretionary action regarding land use an devel oprnent including General Plan Amendments, zoning arncndincrit<, spcc i fic plans, and discretionary development applications to the City wiicri the project
or actions meets any of the following criteria:
a. The proposed project or action is within a City's Sphere of Influencc, as defined by the Local Agency Forrriation Cornrnission, or- is within a City's
designated planning review areas, as mutually defined and agreed to by tht County and the City; or
Section 1. County Referral of Proposed Actions to City.
b. The proposed project or action is within a one mile radius of a City's boundary ; or
f,I
. m 0
r: -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 followir
types of regional facilities or has any of the following regional projec charac teri st i cs :
Faci 1 i ties :
o New regional wastewater treatment plants or solid waste disposal
o New airports, transportation centers or 1 ight rail transit facil it;
o New government centers, university or college campuses, regional
o Modifications of floodplains which would cause an accelerated flow
sites; or
or
recreation facilities, or criminal justice facilities; or
floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or o Modifications or relocations of regional circulation element roads
highways which would adversely affect their capacity or function; 1
Characteristics:
o Projects having regional characteristics as defined in Section
15206(b) (2) of the California Environmental Quality Act Guide1 ines
0 residential developments of more than 500 dwelling units;
o shopping centers or business establishments employing more th
1,000 persons or encompassing more than 500,000 square feet c
floor space; o commercial office buildings employing more than 1,000 persons encompassing more than 250,000 square feet of floor space; o hotel/motel developments of m0r.e than 500 rooms; o industrial , manufacturing, proc’essing plants, or industrial p
planned for’more than 1,000 persons, occupying more than 40 a
of land, or encornpassing more than 650,000 square feet of flo area.
d. Exclusion Areas. Notwithstanding the above criteria, County referrals
shall not be required for specific geographic areas, projects or actior
which may be exempted in writing by a City otherwise entitled to rcceii
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 ainendrncnts, speci fic
plans and discretionary development applications to the County when the prof project or action meets any of the following criteria:
* e 0
J -3-
a. The proposed project or action is located within a quarter mile of thc
nearest boundary between the City and the County; or
11. Jlic j)r-oposed project or action p(?t‘iiii ts ofit’ of the following tyl’rs of regional facil i ties or has any of the fol lowing regional projcct characteristics:
Facilities:
o New regional wastewater treatment plants or solid waste disposal
o New airports, transportation centers or light rail transit facilities;
sites; or
or New government centers, university or coli ege campuses, regional
recreation facilities, or criminal justice facilities; or Modifications of floodplains which would cause an accelerated flow of
floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or
o Modifications or relocations of regional circulation element roads an(
highways which would adversely affect their capacity or function; or
o
o
Characteristics:
o Projects having regional characteristics as defined in Section 15206(b)(2) of the California Environmental Quality Act Guidelines:
3 residential developments of more than 500 dwelling units; o shopping centers or business establ ishments employing more than
1,000 persons or encompassing more than 500,000 square feet of
f 1 oor space;
o commercial office buildings employing more than 1,000 persons or
encornpassing more than 250,000 square feet of floor space;
o hotel /motel devel opments of more than 500 rooms;
0 industrial, manufacturing, processing plants, or industrial park
planned for more than 1,000 persons, occupying more than 40 acre
of land, or encompassing more than 650,000 square feet of floor area.
c. Exclusion Areas. Notwithstanding the above criteria, City referrals shall 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 Amendinents, zoning airietidinerits, 5pccific plans and discretionary development applications to the appropriate city when the proposed project or action meets any of the followirig criter-id:
a. The proposed project or action is located within a quarter mile of thc
hl adjacent city’s boundary; or
0 0
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b. The proposed project or action is located within ari area where two or IIK
City Spheres of Influence over1 ap; or
c. The proposed projec1 or actioti pcrmits otic of thcl fol lowiity Lyl)~,, oI
regional facilities or has any of the fol lowing reyiorial project
characteristics:
Facilities:
o New regional wastewater treatment plants or solid waste disposal
o New airports, transportation centers or light rail transit faciliti
o
o Modifications of floodplains which would cause an accelerated flow
sites; or
or
New government centers, university or col 1 ege campuses, regional
recreation facilities, or criminal justice facilities; 3r
floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or
highways which would adversely affect their capacity or function; 0
o Modifications or relocations of regional circulation demerit roads
Characteristics:
o Projects having regional characteristics as defined in Section
15206(b)(2) of the California Environmental Quality Act Guide1 ines:
o residential developments of more than 500 dwelling units;
o shopping centers or business establ ishments erripl oyirig more that 1,000 persons or encompassing more than 500,0,00 square feet of floor space;
o commercial office buildings emp1,oying more than 1,000 persons (
encompassing more than 250,000 square feet of floor space; o hotel /motel devel opments of more than 500 rooms ; o industrial, manufacturing, processing plants, or industrial pa
planned for more than 1,000 persons, occupying more than 40 aci
of land, or encompassing more than 650,000 square feet of flooi area.
d. Exclusion Areas. Notwithstanding the above criteria, City referrals to another City shall not be required for specific geographic areas, projeci
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 dirxted to the City's or County's Planning Departiiii?rit,
unl ess otherwi se designated. For any General P1 an Arriendriient , Zone Reclassification, Specific Plan application or amendinerit, or for- any projcct ( regional significance as set forth by Sections l(c), 2(b) or 3(c), ttic affect( City 01- County shall have forty-five (45) days froin the date the referral of t
proposed project or action is mailed, or such longer time as may be spccifird
.r m
-5-
the refurring agency, tu review, comment arid iriake recuirirncridatiL7ris in wri tirig on the consistency of the proposed project or action with the affected City or- County General Plan, specific plans, and Zoning Ordinance. For. a1 1 otttvr. discretionary actions reyarcling land use arid cl(?vclopriicrlt., the aff'ectcd city or' County shall be provided notice of the local hearing(s) on said action, and shall have the same time to review and comment as set forth in the public noticc
rqui reinents of the referring City or County.
Section 5. Consideration of Comnents,
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 or County provides
comments and recommendations within the established time 1 imits, the
decision-making body shall consider said comments and recornrncndations prior to
taking action. Upon request, the decision-making jurisdictions shall, prior to
the public hearing, provide the commenting agency with the staff report or other
appropriate docurnent(s) which contain the consideration of cornrnents received
during the review period.
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 not
constitute grounds for any court to invalidate the actions of the local agency-
Section 7. Term of Agreement,
This agreement shall be effective as to any individual party upon that party's approval. It is mutually understood and agreed that this Menlorantiurn of
Understanding may be terminated by any of the participating jurisdictions with
regard to their individual participation upon ninety days of written notice to
all other parties hereinafter signed.
* IN WITNESS THEREOF, the parties have entered into this Agreeiricnt by the resolutions and on the dates set forth below:
CITY OF CARLSBAO CITY OF CHULA VISTA
Resolution Resol uti on
Date Date
CITY OF CORONADO CITY OF DEL MAR Resol uti on Date Date
Resol ut ion
NAY
.. .. r I.-. [<J!,C2/-:L I, ,cia ,,,,,.,) ~ ;Ei;;,LIN
*w CUG;;::~
&-*+4, - -- Ip/ ..I f_lc
LTi'iIiY
1 m e
-6-
CITY OF EL CAJON CI IY Of fNCINITAS
Resolution Resol uti on
- - - - - - - - - - - . - - - Date
C 1 I Y 01 IMI’I I? I AI I!l AI
Date -
CllY OF ESCONDIDO Resolution Resolution
Date Date
CITY OF LA MESA
Resolution Date Date
CITY OF NATIONAL CITY
Resol uti on Date Date
CITY OF POWAY
Resol ution
__ - __- -
____
CITY OF LEMON GKOVE
Resol ut ion
CITY OF OCEANSIDE
Resol uti on
CITY Of SAN [IIEGO
Resolution Date Date
CITY OF SAN MARCOS Resol uti on Date Date
CITY OF SOLANA BEACH Resol uti on Resolution
Date Date
COUNTY OF SAN OIEGO Resolution
Date
CITY Or SANTEt
Resol uti on
__ --___ _--
CITY OF VISTA
- _____
CKESTO;C/C/ATTACHBC;sv
': a ) v E ItN I\I t.: NT co I ) E m-'"' L,
6 659 19. 1)cfirritiuns
As used in Uiis cliapt~r tlic lollowitig Lcrrns III~:~II: 3
(a) "Affcckd city" means a city within wliosc: Iil:iiiiliiib: rcvww xrca ail arfrcLc.d kr"
(11) "AffccLcd tcrribry" means an area or I:irid Iwc:iLcuf in tlic iiniricorlwratmi (n,flio
(c) "l'ro[mscd action" means a 1)roposaI k) :id<~[!t or :tmeiid all or tiart of a );vricral o
&"le effcctivc irnmcdiakty pursuaiit b sulidivisioii (b) or (dl of ktion =la o
Scction 65553.
(d) "Planning review area.' means the tcrribry includcd iii a - - f general plan or i e of 5 city or county. A planning review area in the case of a city shall not e whichcver of the following includa Lhe largcst area and, in Uw case of a county, sh! beyond the territory described in paragraph' (2) or (3), whichever includes the I
wliicli is UIC subjcyt oii onc or niorc I)ropisccl :icLioiis
or lo adopt or arncnd a zoning ordinancc, but dws no1 ildudc acllon takcrl IIY 111 or*
(1) The area included within the sphere of influence of the city.
(2) A radius of one mile outside the bun& of the city which area shall not include
(3) An area which is agreed upon and designated by a county and a city within
within the sphere of influence of another city.
(Added by Stats.1983. c 860, 8 2 Amended by Stats.1986. c 443. 4 1.)
1Soindbin
uaul. Rducacu
Wads rod PttlM (Pam Ed.)
4 65919.1. Procedure md comment on refends
Ac~anty rod a&y may .gree upon a pmcedure for refd by the omnty to tbe a
totheboaa ofpposcd.ctioaaandforcammentuponthoseproposrb" *. In
+- v agrwmeut, tbe.@cocdma pmcribd by this chapter rhrll be foihd
(Added by S&1983, c. M. 4 2 Ammdad by Shta1m. c m. P 2)
8 a9192 M8p of phdllg rmkw ues
A c-3~ which desinr refanla frwn a cvunty or I mty which dab refarrh
purrmnt to thia eh.pter Ih.Ii file with the oonnty or tbe de, u tbe um may a, am wprkba docrumntrrhich h%CQtt%# tba & Of tbe aJUIlfJ OC tbC&, UdblCU4m.
planning~~
(Added by Sbkl983, c 860.0 2 Ameoded Lry St.ta.1986, c US, I 8.)
# 659193. Wcrring proposd dsm to dktcd Cttfa or countla
Exoeptu- . prorided in sactioa 65919.10, before tbe bod of rupewkoa
proposed &a, the county rhaIl refertbe pmpxed ha to escfr affected city, and beic
couocil .ds on a proPCwed rction, tbe aty shall refer the pped tctisntotfKmiF
mthtbepn?ced Fu'cLefforth' mSectro ' IW 65919.4 md 65919.5.
(Added by Statr1983, c W, 8 2. Amended by Strta1986, c 443.8 4)
8 65919.4. Notioe; pmposed actiotu
@ Not later than the date the county ootices the public hearing on I pm.oposcd action coyQ PlaMing commission, the coonty shall notify an affected city of the nature of th
acboh
(b) Not later &an the date the city notices the public hearing on a pmposed action befoi
@IUI~IIR cmnmission, & city shall notify the county of the nature of the proposc
@J The information in the notification shall not be less than the information contained in of public hearing. The notification required by this scrtioii anti by Swtion 65919 R sIAI th
fist<lW mail or by tmd delivery. The notice shall alw imlir:itp ttir earlimt dab. on
Astedsks e a lndlcate ddetloos by amendment
_____--
21
4 65'319.4 0 (; .. # 0
i Im:ird or suiwrvisors or city couiicil, ;as LIic C:IW _._ iii.i& c:iii ;ret (in L!
rnotfification to cltc Irrolmcli action.
(Addcd by SLiLs,I!#%t. c. 860. 5 2.
5 65919.5.
Arwtidcd by Strits IWC,, c 4.13. 6 5 )
llcvicw nnd cornrncnl by affrclcd cilicq or rciui1tir.i
Tlie board of sulwrvisors or city council LO wliicli tlic liroi)o$<vl iictioi
Section 65919.9 shall trave 45 days fmrn Zc dah* tlw corlrlty or -. cityL-:5-! _-
delivers the proposed action. or such IonRcr time as tlic county orLfiyl-s
or allows at the requcst of thc affected city or county, 3s the case ninv be. and to make recommendations on die consistency of ttic ~iroimoscd action u specific plans and zoning ordinances of the affected city or countv. If tt
does not provide the comments and recornmendations to the referring ,
4May period. or such longer time as the referring county 02 has SI
request of the affected city or county, the board of suprvaors or city
If the affeckd city or county provides the comments and recomrnendati
considering those comments.
the ' ' ' planning commission acts on the proposed action, the plannii consider the . * comments and recommendations.
(Added by Stats.1983. c. 860. 5 2. Amended by Stats.1986. c. 443, § 6.)
Q 65919.6. Comments and recommendations of affected citia or count
Before acting upon a proposed action. the county shall consider cornme received from each affected city and the city shall consider comments and I
from the county.
(Added by Stats.1983. c W, 8 2 Amended by Stats.1986, c. 443, 8 7.)
Q 65919.7. Hodlficatioa~ iad referral brck of proposed K~~ON
If the board of supervisors or council m&ia pnd mfern a pro1
refer the d the case may be, sIuU at the sune time affd city or county in U)COCdLOCC with sectionn 65919B urd 65919.9.
(Added by Stats.1983, c 860, f 2. Amended by Ststs.1986, c. 443. g 8.)
8 669193. Review of, commmt and wcommendntionr on modifiation,
he nierrrlr~ k-daaibe the modifiition to tiw propo~ed .r
to nhich the modZk&m b rda~~Ishdl have 25 days hm the date of th
co~tJoc Ipedfiesor~atthereqnestofth
time to& a &FLt mS?i!ie recornmeadatians on h misten
the affd city or corn dar not provide the comments and -mme come or Ay d or suA longer time as the mfc s&wd st the quest oi the dfu city or county,, thc~
council may act without considering e comments.
If the affected city or YauQ provides the comments and recomrnendatic the planning commn scts on the proposed action. the plannir
consider the ' comments and recommendations.
If the pknning commission hi to act, the modification may become effc 65356 or 65857, witbout consideration of the comments and recornmendah
(Added by Stata.1983, c 860, 8 2. Amended by Stats.1986, c. 443, Q 9.)
Q 65919.9. Comments and recommendations of affected cities or cot
Prior to acting on the modifiwation, the board of supenisors shall cor recommendations received from each affected city and the city council sha and recommendations from the county.
(Added by Sbts.1983, c. 8G0, 6 2.
planning commission pursuant to + n 65356 or 65857. the board of su
with appliable ged apd Ipecific pb aod toning ordinuIces of the af
Arneridrd by SU~S I!)%, c ,t.l:!, 6 I() 1
Underilne lndicattts changes or 3
2'2
0 OQ
t;(mItN hl EKT (:() I )I< * !?( c
L 0 W19.10. Y,iwinK ordinrncc CliHnrcj: rcfcrrnlu: cxCmtr(i<in
I - If Llic proposed nctimi i3 3 cII:~~~Kv iii a zoiiiric ordiriaiicc, UIC courity or citl trt.4 n<>l
with LIic pxcral plan * - * and llic KcIicr;II plan IimlwsaI wits rcfcrrcd ad ac~A UI)OII pu
Syrians 65919.4 to 6511 19.3, inclusi\-c. as aliidiczlik.
(Added by Sbts.198:l. c. 80. 5 2.
4 G5919.11. Prncedural nonc<rnipli:incc: vnliditv of gco(k,wd ncti4)tis
b. niiiiiig proposaI LO an a[lccktl city or couii~g, 3s tIic cxw may IK~ if tiw zo~~p-opo.~~ is c
Arncndcii by SlaL~.108G. c 443, 8 11.)
Failure to comply with tlic IjrocctIuraI rcquircriwnCs of tliis clixlitcr s!i:~ll not nffcct tlic v
ariy prolmscd action.
(Added by SrarS.1983, c. SGO. 6 2.)
4 65919.12. Duration of chapter
This chapter shall remain in effect only until January 1. 1990. and as of that date is r
unless a later enacted statute. which is chzpkred before January 1, 1990, deletes or elrtei
date.
(Added by Stats.1983. c. 860, 0 2.)
CHAPTER 4-5. ,REVIEW AND APPROVAL OF DEVELOPMENT PROJECTS
ARTICLE 1. GENERAL PROVISlONS
Section 659223. Office of permit sssis~ duties. purposes and responsibilities; guidek 65!3225. Advisory ctatureof guideliws 659227. lkpe&ed permit proteas; tcchnirnl &tiace and granb- awflict between
653238
ChmRdaam
liws and expedited permitprcctss of muntyor &ty. Derclopment pmject lead Igemy to infocm appkant or offa of pamit .Irsia
Appbcrtmdctrrpcato.ppliariom kxhrnnbm +trcc~~rcHatth.od~codc p 25199.2.
..
.. . ..
. .. ..
$65930. Pd&.teader; ahdO~dtfwUmEtr;.rpplk*tioadehnpta
. -'.I-- porpa,d riLh k - pmmac *, mumah ~&v+awd,adC.arb.c.acilI~
dcamf L hpal ~UrfricapamkwadrcathCl ~~~Ip.l~ttrfullY .a. '
duty nrfi pcxmiud .r by -- popca boQ(L wesky Inv. ca .. c
dcnrbpawni &, do y* cadlie baf rohr. Cormdr dr c-q (W1Dbll9M) 196 W-Pqr. t72
roos.pd~rbichau&sv' '* 4fiw p0ra.W khaorm).'Splrar,ddamioeLh.lpnLmtrdcrrh
e sa ~fcc~ bacLn
hhgdpamidrranqurlircedbyhnapu+sicq W672
8 659223.. 0lfk-e d pumit urktutce: duties, purpoaer, rcrpohribilitiq guidelines
The Office of Permit Assistance is hemby created in the Off- of Planning rad ResurdL
office sn& to, .sd is vested with, all of the duties, purposes, md responsibilities requid t
performed by the Office of PIanning and Researrfi pnrsuant to fonner Article 6 (commencing hAh 65050) of Cbipter 1.5 of Division 1 of Title 7 of the Government Code. The off- i devebp guidelines to pmvide technical assistance to counties and cities in establishing and open1 a expedited development pennit process. The guidelines shall include. but not be limited to. a1
the following elements of a Id pennit process:
(a) A central contact point with a public agency where all permit application5 can be filcd information on all permit requirements can be obtained.
(b) .A referral process to (I) refer the applicant to the appropria~ functional area for rcsolutiui
pmblems and fulfillment of requirements. (2) refer the applicant to citi.!~ within the county in =.ti
Asterisks * * - indicate deletions by amendment
23
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1: 1%
LAUREN M WASSERMAN a'u'iE Of 9" @"g'
DEPARTMENT OF PLANNING AND LAND USE
334 FIELD VIA VER, OFF
SAN MAR1
CALIFORNIA 9
(619) 741 1
DIRECTOR
1619) 6942962
MAIN OFFICE
5201 RUFFIN ROAD, SUITE B, SAN DIEGO, CALIFORNIA 92123-1666
INFORMATION (619) 6942960
February 8, 1991
TO : Clerk of the Board of Supervisors
City Clerks, San Diego Region
FROM: William Healy, Deputy Planning Director
MOU Project Coordinator, SANDAG City-County Coordination Task Force
INTERTURISDICTIONAL MEMORANDUM OF UNDERSTANDING (MOU) RE PROJ NOTIFICATIONS
The enclosed Memorandum of Understanding has been adopted by
County Board of Supervisors and the City Councils of the eigh
cities in the San Diego Region. The enclosure lists the adop
dates and city resolution numbers where applicable. retain these documents for your official records.
The original documents and project files have been transmitte SANDAG c/o Stuart Shaffer, for SANDAG's permanent records. A
future amendments to the MOV which are requested, either by t
Board of Supervisors or by the individual cities, should be
coordinated directly through SANDAG.
Mailings notifying the County Department of Planning and Land of any proposed project activities within your city, as may k required by the MOU, should be directed to:
County Department of Planning and Land Use Division Support Section, Community Planning
5201 Ruffin Road, Suite B (MS 0650)
San Diego, CA 92123 - 1666
Please
The Division Support Section of Community Planning will act i our Department's clearinghouse to insure that timely responsc city notifications are provided. The current Chief of the Division Support Section is Michael Hays, who can be reached
694-3734. Please contact Mike directly if you have question:
regarding the status of the Department's review of a particul
referral, or to see if its review has been assigned to anothc
section or staff person for a response.
e 0
Interjurisdictional MOU -2-
The Coordination Task Force appreciates the help that you an
Planning Directors have provided us over the last two years make this Memorandum of Understanding a reality. If you haw further questions, please contact me at 694-2969.
Sincerely,
dW?-hd{
William Healy, Dep y Planning Director
DEPARTMENT OF PLAN ING AND LAND USE
cc: City Planning Directors
WTH:
CITY ADOPTION STATUS Orig. Draft Revised Final
Carlsbad 7/11/89 12/19/89
Chula Vista 7/25/89 2/13/90
Coronado 8/1/89 11/21/89
Del Mar 7/17/89 1/16/90
El Cajon 7/18/90 2/27/90
Encinitas 7/19/89 12/6/89
Escondido 7/26/89 12/5/90
Imperial Beach --- 5/2/90
(with amend)
La Mesa --- 1/9/90
2/20/90 Lemon Grove
National City 7/25/89 11/2 8/ 8 9
---
Oceans ide NO 9/13/89 1/10/90
Poway 8/1/89 2/20/90
San Diego NO 9/20/89 12/12/89
San Marcos 7/25/89 8/28/90
( Ru 1 e s )
Santee NO 10/13/89 1/10/90
(pulled)
Solana Beach 7/17/89 12/4/89
Vista 10/30/89 3/26/90
Unincorporated 5/22/89 2/27/90
Area
COMMENTS
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REMORANDUM OF UNDERSTAND I NG
FOR NOTIFICATION OF LAND USE AND nEVELOPMENT ACTIONS
BY COUNTY OF SAN DIEGO AND THE CITIES
THIS AGKEENENT is made and entered into by and between each of the Cities of
San Diego Region, hereinafter called “Cities”, and the COUNTY OF SAN DIEGO,
political subdivision of the State of California, hereinafter called “Count3
RECITALS
WHEREAS, Government Code Section 65919.1 states that a county and a city ma)
agree upon a procedure for referral by the county to the city or by the citj
the county of proposed actions and for comments upon those proposals; and
WHEREAS, Board of Supervisors Pol icy 1-55 encourages joint land use plannins
spheres of influence and recognizes that the accommodation of both city and
County i nterests “might i nvol ve agreement on 1 and use and ci rcul ati on systen
the phasing of devel opment and annexations , faci 1 i ty fi nancing arrangements <
city review of proposed designs/facil ities/plans for compatibility with citj
standards and/or other planning and fiscal arrangements to address the uniqi
needs of the sphere territories”; and
WHEREAS, the Roard of Supervisors of the County of San Diego has reconmender
that all jurisdictions within San Oieyo County should agree to provide notic
share information and solicit comments from adjacent jurisdictions when
devel opment proposal s are wi thi n a certai n proximity of , and/or have impact:
surrounding jurisdictions; and
UHEREAS, obtaining early notification of proposed actions, solicitation of
affected jurisdictions’ input and resolution of regional issues is beneficiz
a1 1 juri sdi cti ons ;
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
Section 1. County Referral of Proposed Actions to City.
The County shall refer any proposed discretionary action for which the Count
currently notices or is required by law to notice regarding land use and
plans, and discretionary development applications to the City when the projc
or actions meets any of the following criteria:
a. The proposed project or action is within a City’s Sphere of Influence,
defined by the Local Agency Formation Coniinission, or is within a City’:
designated planning review areas, as mutually defined and agreed to by
County and the City; or
The proposed project or action is within a one mile radius of a City‘s
boundary; or
devellopnent including General P1 an Amendments, zoning amendments, spec1 fic
b,
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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 followi
‘types of regional facilities or has any of the following regional proje
charac t eri st i c s :
Faci 1 it i es:
o New regional wastewater treatment plants or solid waste disposal sites; or
or
New government centers , uni versi ty or col 1 ege campuses , regional
recreation facilities, or criminal justice facilities; or
Modifications of floodplains which would cause an accelerated flak floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or o Modi f i cati ons or re1 ocations of regional ci rcul ati on element roads highways which would adversely affect their capacity or function;
o New airports, transportation centers or light rail transit facilit
o
o
Characteristics:
o Projects having regional characteristics as defined in Section
15206(h)(2) of the California Environmental Quality Act Guidelines
o residential developments of more than 500 dwelling units;
1,000 persons or encornpassing more than 500,000 square feet
f 1 oor space;
encompassing more than 250,000 square feet of floor space;
o shopping centers or business establishments employing more tl
o commercial office buildings employing more than 1,000 person
o hotel /motel devel opments of more than 500 rooris; o industrial , manufacturing, processing plants, or industrial planned for more than 1,000 persons, occupying more than 40 of land, or encompassing more than 650,000 square feet of fl a rea.
d. Exclusion Areas. Notwithstanding the above criteria, County referrals shall not be required for specific geographic areas, projects or actio which may be exempted in writing by a City otherwise entitled to recei
the notice. County referrals shall not be required for discretionary
actions that are exempt from the California Environmental Quality Act.
Section 2, City Referral of Proposed Actions to County.
A City shall refer any proposed discretionary action for which the City
currently notices or is required by law to notice regardiny land use and
development, including General P1 an Amendments, zoning amendments, specific plans and discretionary development applications to the County when the pro
project or action meets any of the folloiding criteria:
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a. The proposed project or action is located within three hundred feet (301
of the nearest boundary between the City and the County; or
The proposed project or action permits one of the following types of
regional facilities or has any of the following regional project
characteristics:
Faci 1 iti es:
o
o New airports, transportation centers or light rail transit facilit
o
o Modifications of floodplains which would cause an accelerated flow
b.
-
New regional wastewater treatment plants or solid waste disposal sites; or
or New government centers, university or col 1 ege campuses , regional recreation facilities, or criminal justice facilities; or
floodwaters or otherwise potentially affect downstream properties located in adjacent jurisdictions; or
highways which would adversely affect their capacity or function;
o Modifications or relocations of regional circulation element roads
Characteristics:
o Projects having regional characteristics as defined in Section 15206( b) (2) of the Cal if orni a Envi ronmental Qual i ty Act Guide1 i nes
o residential developments of more than 500 dwelling units; o shopping centers or business establ ishments employing nore tt 1,000 persons or encompassing more than 500,000 square feet (
floor space;
o commercial office buildings employing more than 1,000 person: encompassing more than 250,000 square feet of floor space;
o hotel /motel developments of more than 500 rooms;
o industrial , manufacturing, processing plants, or industrial [ planned for more than 1,000 persons, occupying more than 40 i
of land, or encompassing more than 650,000 square feet of flc
area.
c, Exclusion Areas. Notwithstanding the above criteria, City referrals st not be required for specific geographic areas, projects or actions whic
may be exempted in writing by the County. City referrals shall not be required for discretionary actions that are exempt from the California Environmental Qual i ty Act.
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 plans and discretionary development applications to the appropriate city wh the proposed project or action meets any of the following criteria:
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a, The proposed project or action is located within three hundred feet (30 of the adjacent city's boundary; or
The proposed project or action is located within an area where two or m City Spheres of Influence overlap; or
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 regi project characteristics:
Faci 1 i ti es:
o New regional wastewater treatment plants or solid waste disposal
o New airports, transportation centers or light rail transit facilil
o
o
b,
c,
sites; or
or New government centers, uni versity or coll ege campuses, regional recreation facilities, or criminal justice facilities; or Modifications of floodplains which would cause an accelerated flok floodwaters or otherwise potenti a1 ly affect downstream properties
located in adjacent jurisdictions; or
o Modi f i cati ons or re1 ocati ons of regi onal ci rcul ati on el ement road: highways which would adversely affect thei r capacity or function;
Characteristics:
o Projects having regional characteristics as defined in Section
15206(b)(2) of the California Environmental Quality Act Guideline!
o residential developments of more than 500 dwelling units; o shopping centers or business establ ishments employing more tt 1,000 persons or encompassing more than 500,000 square feet (
floor space; o commercial office buildings employing more than 1,000 person!
encompassi ng more than 750,000 square feet of floor space; o hotel /motel devel opments of more than 500 rooms ; o industrial, manufacturing, processing plants, or industrial planned for more than 1,nOO persons, occupying more than 40
of land, or encomparsing more than 650,000 square feet of fl a rea.
d. Exclusion Areas. Notwithstanding the above criteria, City referrals t another City shall not be required for specific geoyraphic areas, proj
or actions as may he exempted in writing by the City otherwise receivi
the notice. City referrals shall not be required for discretionary ac
that are exempt from the Cal ifornia Envi ronnental Qual i ty kt.
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Section 4, Review and Comnent by Affected City or County. The referral shall be directed to the City's or County's Planning Departnent unless otherwise designated. For any General P1 an Amendment, Zone Reclassification, Specific Plan application or amendment, or for any project regional significance as set forth by Sections l(c), ?(b) or 3(c), the affecl
City or County shall have not less than forty-five (45) days from the date tl
Clearinghouse approves a thirty (30) day review period, to review, comment ai
make recommendations in writing on the consistency of the proposed project o
action with the affected City or County General Plan, specific plans, and Zo
Ordinance. For a7 1 other discretionary actions regarding 'land use and
development, the affected city or County shall be provided notice of the loc hearing(s) on said action, and shall have the same time to review and commen
set forth in the public notice requirements of the referring City or County.
referral of the proposed project or action is mailed, unless the State
Section 5. Consideration of Comments,
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 or County provides
comments and recommendations within the established time limits, the
decision-making body shall consider said comments and recommendations prior
taking action. Upon request, the decision-making jurisdictions shall, prior the public hearing, provide the commenting agency with the staff report or o appropriate document(s) which contain the consideration of comments received
during the review period.
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
constitute grounds for any court to invalidate the actions of the local ager
Section 7, Term of Agreement.
This agreement shall be effective as to any individual party upon that partj approval. It is mutually understood and agreed that this Memorandum of Understanding may be terminated by any of the participating jurisdictions wi regard to their individual participation upon ninety days of written notice a1 1 other parties herei nafter signed.
*
resolutions and on the dates set forth helow:
IN WITNESS THEREOF, the parties have entered into this Agreement by the
CITY OF CAKLSBAO CITY OF CHlJLA VISTi
Resol uti on 89-446- Resolution 15512
Date 2/13/P --_ - 12/19/89 Date --___
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-6-
CITY OF COKONAOO
Date 11/21/89 .-
CITY OF EL CAJON
CITY OF DEL MAR
Date
CITY OF ENCINITAS
Resolution -- Resolution --
I /I 6/9( _----
Resolution ---- 88-90 Resolution 89-91
Bate 2/27/90 Date- 12/6/89 -
CITY OF ESCONDIDO Resol uti on 90-491 Resol ution 3893
Date 12/3/90 Date 5/2/90
CITY OF LA MESA CITY OF LEMON GROVE
Resol uti on 16241 Resol uti on 89-1 201
Date 1/9/90 Date 2/20/90
CITY OF NATIONAL CITY Resol uti on ~- 161 29 Resolution R90-14
Date 11 128189 Date 1/10/90
CITY OF POIaJAY Resol uti on 90-022 Resol ution R-2748
Date 2/20/90 Date 12/12/89
CITY OF IMPERIAL RE
CITY OF OCEANSIOE
CITY OF SAN DIEGO
CITY OF SAN MARCOS Resol uti on --- 90-351 7 Resolution 5-90
Date 8/28/90 Date 1/10/90 -
CITY OF SOLANA REACH
Resol titi on --
CITY OF SANTEE
CITY OF VISTA
Resolution -- -- Date 12/4/89 Oate 3/26/90
COIINTY OF SAN DIEGO
Resolution --
Date 2/27/90 ---
CRESTO;C/C/ATTACHBC;sv