HomeMy WebLinkAbout1994-01-18; City Council; 12552; ZONE 24 LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT AND FINANCING PLAN.
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DEPT AB # '5 x5& TITLE:
MTG. 1/18/94 MANAGEMENT PLAN AMENDMENT AND CITY
DEPT. GM FINANCING PLAN CITY
ZONE 24 LOCAL FACILITIES
RECOMMENDED ACTION;
That the City Council adopt Resolution No. 7%-J5 approving the Local Facilities Man
Plan Amendment and Financing Plan for Zone 24.
ITEM EXPLANATION
The Zone 24 Local Facilities Management Plan (LFMP) was originally adopted on Decei
1988. The plan included a condition stating that a financing plan is required prior to apI
any final map, building permit or grading permit within the zone. Since that time, a nl
events have occurred which affect the amount of development and demand for public fa(
the zone. The key events were:
Approval of the Eagle Canyon subdivision (CT 91-2) and amendment of tF
to allow an additional 29 dwelling units in Zone 24.
Approval of the Evans Point subdivision (CT 91-3) providing for 67 fewer
units than previously projected for this site in the 1988 LFMP.
Scaled-back development projections and phasing for virtually all propert,
City as a result of economic conditions, which affects the demand for faci
timing of need.
In addition, the status of certain facilities has changed either through the adoption of ne
master plans or through new financing arrangements. These changes are describc
Introduction section of the attached LFMP amendment and Financing Plan (Exhibit
LFMP amendment recommends new conditions of approval where there has been a s
modification of facility requirements, primarily in Circulation, Sewer, and Water. The
is a summary of the updated status of each of the 11 facilities.
Citv Administrative Facilities. Librarv. and Parks. Community Facilities Distri
No. 1 was formed in 1991 to finance a number of facilities of Citywide ben
properties in Zone 24 are already participating in CFD No. 1. A combinatioi
No. 1 and payment of Public Facilities Fee constitutes the required financial gua
City Administrative Facilities and Library. Park facilities are guaranteed by a COI
of Park-in-lieu Fees, Public Facility Fees, and participation in CFD No. 1.
Wastewater Treatment Capacitv. The Phase IV expansion of the Encina Water
Control Facility has been completed. Therefore, the special conditions stated ir
LFMP are no longer needed.
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Page Two of Agenda Bill No. /&, 3-?TA .\ .
Drainage. All development within Zone 24 will be required to construct drainage
or pay any drainage area fee established by the Drainage Master Plan.
Circulation. A significant change is recommended in the Zone 24 requirement rt
Cannon Road. In 1988 an assessment district was being formed to finance Canni
and the LFMP included a condition requiring Zone 24 to provide a financial guar
Cannon Road from 1-5 to El Camino Real. Subsequently, the assessment distr
was dropped by the property owners. In reexamining the circulation needs in thi
of the City, staff noted Cannon Road is not located either within or adjacent to :
and the zone does not require Cannon Road for access or to maintain an accepta
of service on other roads. In view of this and in the absence of an assessment c
would not be appropriate to require Zone 24 to provide a full financial guarantc
road. Therefore, this LFMP amendment contains a new condition requiring Zc
provide a proportional share of the cost of the road through payment of a Zone 1
precise amount of the fee will be calculated prior to approval of any final map in
Open Space. The proposed open space within Zone 24 has been designed in cc
with the latest adopted standards.
Schools. On December 7, 1993, the City Council established a new condit
applied to all projects to assure adequacy of school facilities. The new conditior
has been included in the Zone 24 LFMP amendment and Financing P1;
accompanies this agenda bill.
Sewer. The Cannon Road assessment district was also intended to finance COI
of the South Agua Hedionda Interceptor (SAHI). Zone 24 will ultimately be re
connect to and utilize SAHI. However, prior to construction of SAHI, it is acce
Zone 24 to connect to and utilize the North Agua Hedionda Interceptor (NAI
interim basis, provided there is adequate capacity available at the time of devel
Water. The 1990 Water Master Plan has deleted the Evan’s Point reservoir and z
water lines because these facilities have been determined by the Carlsbad Munici
District to be no longer necessary. Therefore, this LFMP amendment deletes the
in the 1988 Zone 24 LFMP requiring guaranteed financing for the Evan’s Poinl
and associated lines. All other potable water and reclaimed water facilites rl
serve Zone 24 will be constructed or appropriate fees paid at time of developn
The Planning Commission reviewed this Local Facilities Management Plan Amenc
Financing Plan on November 17, 1993, and recommended its adoption.
ENVIRONMENTAL REVIEW
This LFMP amendment and Financing Plan are covered by the previously approva
Declaration issued by the Planning Director on August 19, 1988.
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Page Three of Agenda Bill No. ’2, 3/52
FISCAL IMPACT
Approval of this LFMP amendment and Financing Plan will provide assurance of fund
variety of public facilities.
EXHIBITS
1. Resolution No. ?/-as .
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3.
Zone 24 Local Facilities Management Plan Amendment and Finance Plan dated 3
Draft Planning Commission Minutes of November 17, 1993.
(on file with the City Clerk’s Office). ,G//.6r 9Ll-TL./. ’ *’- /// , /’ ,’, ‘,
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RESOLUTION NO. 94-25
A RESOLUTION OF THE CI'IY COUNCIL OF THE CITY OF
CARLSBAD,CALIFORNIA, APPROVING A LOCAL FACLLITIES
MANAGEMENT PLAN AMENDMENT AND FINANCING PLAN
FOR LOCAL, FACILITIES MANAGEMENT ZONE 24.
WHEREAS, a Local Facilities Management Plan has been prepared for Local E
Management Zone 24 in accordance with Chapter 21.90 of the Carlsbad Municip;
and
WHEREAS, the Local Facilities Management Plan contains a condition of
stating that a Financing Plan is required prior to approval of any final map, buildir
or grading permit within Zone 24; and
WHEREAS, the City Council has reviewed the Financing Plan and find
adequately provides for the funding of all public facilities necessary to comply with
Growth Management Program and Public Facilities Element; and
WHEREAS, a Local Facilities Management Plan amendment has also been
with the Financing Plan to address certain changes in circumstances which affect t'
of, demand for, and financing of public facilities; and I
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WHEREAS, the Carlsbad Planning Commission reviewed the Financing Plan
Facilities Management Plan Amendment at the meethg of November 17, 1
approved Planning Cornmission Resolution No. 3560 recommending that the Cil
adopt the Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council oft
Carlsbad, California as follows:
1. That the above recitations are true and correct.
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2. That the Local Facilities Management Plan Amendment and Financing
Zone 24 dated July 1993, on file with the City Clerk and incorporated herein by ri
is hereby approved. Any development occurring within the boundaries of Zone
comply with all the terms and conditions of said plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cow
,199 City of Carlsbad, California, held on the 18th day of JANUARY
following vote, to wit!
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
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(SEAL)
EXHIBIT 3 - PAGE 2
a
November 17, 1993
Motion was fnade by Commissioner Schlehuber, and duly seconded, to continue Phase Ill to December 1, 1993.
0 PLANNING COM M ISS ION
- ACTION:
VOTE: 6-0
NOES: None
ABSTAIN: None
CONTINUED PUBLIC HEARING:
1. LFMP 87-24(A) - ZONE 24 LOCAL FACILITIES MANAGEMENT PLAN - Request for appro!
amendment to the Zone 24 Local Facilities Management Plan to include a financing plan and
changes to reflect current status of certain facilities.
Don Rideout, Senior Management Analyst, Growth Mgmt, reviewed the background of the request
stated that Zone 24 is located in the northwest quadrant of Carlsbad, bounded by El Camino Real (
east, Zone 8 on the west, and Zone 5 on the south. The LFMP for Zone 24 was originally adopted (
December 20, 1988. It was amended once on September 17, 1991 to reflect the approval of the E:
Canyon project and modification of the open space within the zone. The current amendment will
incorporate a financing plan and bring the plan up to date. Zone 24 includes the existing Falcon H
Mobile Home Park, which contains 11 5 dwelling units. There are two approved Tentative Maps (El
applications pending. Mr. Rideout stated that several significant changes have occurred since ado
the original LFMP and the 1991 amendment, as follows:
. The Evans Point subdivision CT 191 -3 was approved for 199 dus, which is 67 units fewer than 1
projections in the original LFMP. At the same time, the Eagle Canyon subdivision provides for a
additional 29 units, not anticipated in the original LFMP. The net result of these changes is 15 d
than the original LFMP projection.
+ The City's calculation of population for growth management has been modified. In 1988, staff u
2.471 persons per dwelling unit (du) to calculate population. However, when the 1990 census rt
became available, the actual number of persons per du in Carlsbad was less than that. Therefoi
City Council directed staff to use the census figure of 2.31 78 persons per du. This has resulted
change in the population of the zone at buildout and a change in the demand for certain facilitie
are based on population.
* Community Facilities District (CFD) No. 1 has been formed by the City to provide for facilities wi
Citywide benefit. LFMP Zone 24 is a participant in that facilities district.
Point and Eagle Canyon) and several small property ownerships with no current entitlements or
Mr. Rideout reviewed each facility in the LFMP, the changes which staff is recommending, and the
for the changes (fully explained in the staff report), as follows:
Parks - That the parks condition be modified to require payment for park-in-lieu and public facilit
the normal time the project is processed.
Circulation - That the following new condition be applied to Zone 24 in regard to the Cannon Roac
improvements, i.e. "Prior to the recordation of a final map, issuance of a grading permit or buildin!
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PLANNING COMMISSION November 17, 1993 PAGE 2
whichever occurs first in Zone 24, a fee program guaranteeing Zone 24's proportional share of the
construction costs Of Cannon Road, from 1-5 to El Camino Real, shall be approved by the city".
Sewer - That the sewer conditions be changed to reflect that Zone 24 may connect to and utilize tht
Agua Hedionda Interceptor (NAHI) on an interim basis until such time as the South Agua Hdionda
Interceptor (SAHIJ is constructed. Zone 24 will provide its fair share contribution to the ultimate fina
of SAHI as determined by the Carlsbad Municipal Water District.
Water - That the condition in the 1988 LFMP be deleted which requires guaranteed financing for th
Evan's Point reservoir and associated transmission lines.
Schools - Carlsbad Unified School District letter dated November 16, 1993 contains new proposed
wording which is not consistent with growth management. Staff recommends that the LFMP be apl
with the wording contained in the draft financing plan. When this financing plan goes to City Counc
can make changes, if desired.
Other Facilities - All properties in Zone 24 are already participating in CFD No. 1 which provides th
financial guaranty for City administrative fac es, library facilities, Veteran's Memorial Park, and a
adopted open space standards.
Mr. Rideout concluded his presentation by stating that all provisions of the plan are in conformance
Proposition E and the Growth Management Ordinance. Staff recommends approval.
Commissioner Welshons inquired if the school issue was back to zero again. Gary Wayne, Assist;
Planning Director, replied that the school district and staff have not yet reached an agreement on
mitigation. The November 2nd election created several changes to the law which are now being st1
The mitigation needs to be consistent with both State law and growth management. When this iter
to the City Council, they will apply a condition which the Council is comfortable with.
Commissioner Welshons inquired why this was continued from the last meeting when nothing has
changed. Mr. Rideout replied that several changes occurred as a result of the recent election. Pro
No. 170 repealed certain provisions of a State law and has changed the way cities can mitigate del
in school facilities. The City Council is in the process of reaching a decision on how they want to h
this issue.
of other facilities. Open space within Zone 24 has been designed in accordance with the City's curl
Commissioner Erwin inquired if it would be better to go with the City Council condition or the one
contained in the school district letter. Mr. Rideout replied that the City Council condition was sent
school district but they made a counter proposal. However, their counter proposal is not consisten'
growth management. He recommended that the Commission approve the condition as set forth in
LFMP Amendment and financing plan regarding schools and not the wording which was included
packet.
Chairman Noble opened the public testimony and issued the invitation to speak.
Arto Nuutinen, 4920 Campus Drive, Newport Beach, representing Bo+, Arneson, Kadi, Wiles &
Giannone, attorneys for Carlsbad Unified School District, addressed the Commission and stated 11
status of school facilities within Zone 24 have changed since the 1988 approval of the plan. He re(
that John Blair's letters to Michael J. Holzmiller dated July 26, 1993 and October 26, 1993, which \
given to Chairman Noble prior to this meeting be included in the record. Carlsbad Unified School
has no specific opposition to the application except that it should be amended to note that availabil
school facilities has changed since approval of the LFMP in 1988 and that school facilities are curl
capacity. New development requirements cannot be accommodated without mitigation.
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November 17, i 993 PAGE 4
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PLAN N I NG C 0 M M Is s ION
Commissioner Erwin asked Mr. Nuutinen why their letters always seem to arrive at the last minute, b~
does not allow the Commission or staff time to adequately review their comments. He suggested ths
would be to their advantage to forward their comments to the Commission a few days in advance of
meeting. Mr. Nuutinen replied that he would make an effort to get future letters out in a more timely fashion.
For the record, Chairman Noble stated that he did receive copies of the two letters from John Blair tc
Michael Holzmiller dated July 26, 1993 and October 26, 1993, which Mr. Nuutinen referred to in his
comments. Although only one copy of the letters was received tonight, he noted that the Commissic
received these letters previously.
Don Rideout, Senior Management Analyst, Growth Mgmt, commented that although Mr. Nuutinen s'
schools are at capacity, the school district has provided information to staff that school facilities havf
capacity to Sefve more students. That document can be made available to Commissioners if they w
like it.
Chairman Noble stated that Councilwoman Finnila had made that same comment at the last City Cc
meeting.
Anthony Griffin, Vice President of George Wimpy, Inc., 9171 Towne Centre Drive, San Diego, addrt
the Commission and stated that his firm owns the property commonly known as Evans Point, which
contained within Zone 24. When the EIR for the property was prepared by the consultants, they we1
looking at 237 dwelling units. That was reduced to 199 and are now down to 194 dwelling units. TI
student generation, given these factors, was reduced from 166 students to 88 students. The projecl
certified EIR, an approved Tentative Map, agreed conditions of the Tentative Map, and an approved
As the owner of the property, his firm has received no direct communication from the school district
legal representatives which states that school facilities are at capacity. School officials and their ad!
seem to be looking at the overall City impact of educational facilities rather than working within the I
process. He feels this policy should be addressed and he would be willing to argue the point at staf
convenience. Mr. Griffin feels that the finance plan as presented should be approved and he would
go to vote so the process can move forward.
There being no other persons desiring to address the Commission on this topic, Chairman Noble dc
the public testimony closed and opened the item for discussion among the Commission members.
Commissioner Savary inquired how passage of this amendm.ent will affect the Evans Point project.
would like to know if they will be allowed to build or if they will have to wait several more years. Mr.
Rideout replied that if the financing plan is approved by both the Planning Commission and the Cit)
Council, development will be able to occur within Zone 24. If all conditions on the Tentative Maps a
they can be finalled and the developers can come in and begin to pull building permits.
Commissioner Erwin stated that he would like to move this item forward to the City Council. Chairr
Noble agreed.
Commissioner Betz stated that she does not have the specific information she needs to vote On this
and she doesn't understand all of the details contained in the financing plan. She stated that she H
abstain from voting.
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November 17, 1993
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PLANNING COMMISSION
ACTION: Motion was made by Commissioner Erwin, and duly seconded, to adopt Planning CO~miSSiOn Resolution No. 3560, recommending approval of the amendment to 1
Zone 24 Local Facilities Management Plan, based on the findings contained there
VOTE: 5-0-1
AYES: Chairman Noble, Commissioners Erwin, SaVary, Schlehuber and Welshons NOES: None
ABSTAIN: Commissioner Betz
Commissioner Erwin stated that he believes it is the intention Of the Commission and the developer 1
make sure we have adequate school facilities for our students.
- Request for approval of a Site Developml
hru restaurant, a car wash, and an automol
tion of the southwest corner of Paseo del Norte and Palomar Airport Rc
t and Qualified Overlay (CT-Q) Zones in Local Facilities Management :
plicant that he had the right to be heard before a full Commission, t
request for a site development plan
drive-thru restaurant, a full service
freeway service facility located at the sou
Commercial TourisVQualified Overlay Zo
conditional use permit. The Q Overlay requires
is properly related to the site, surrounding develo
r of Paseo del Norte and Palomar Airport Roa
ses are permitted in the CT Zone with approva
al of a site development plan to ensure that t
d environmental setting.
twill connect with the pi
aces are provided
which exceeds the parking ordinance standard.
this location. The proposed site design include perimeter landscaping to screen parked automobilc
interior landscaping to define the access driveway and screen and separate land uses. As previous
MlNUT
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Bowk, heson, Kadi, Wiles & Giannone ct4"1 I %( A PAR- NCL- A PR-L OoRpORAllQN
4920 am DRNE
WORT BEACH, CAuK)RNh 92660
Date; ;//T?Q
F 1s mm WR M SOLEJJS c)F M P- To, MM m 1s An-
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'BOWE, hSON, -1, WnSS & GLANNONE
A Pmm MCUIPiNG h WMIQNhl, MRFQmmON
ATT6REEEyS AT LAW
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AREAcboE 714 AtmAhlbERmwrE* NE#IWRTBEACH,C"lA92660
IOANCAX" TELEPHONE 851-13W WllLlAMJ.KAD1 FAX (71.t) SI-2014 WENDYKwWs PAlIUClABGIANNCINE IM.6oBM NMERTHANSLOW MCR~ERlNCi lumNmH$.LEIpI
&lQ],NovTR3w Jmuary 18, 1994 WNEFLMUEUER KMBERLYAMMcklURRAY
'A-ClXFOPA-
3042.16.1
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City Cauncil of the City of Carlsbad
Caxlsbad City Hall
1200 Carlsbad Village Drive
Carkbad, CA 92008
Re: Zone 24 Local Facilities Management Plan Amendment and Financing Plan
Honorable Members of the City Council;
"his fhm represents the Carlsbad Unlfied School District ("Districr"). This letter is
submitted with respect to the impacts which the Zone 24 Local Facilities Mmgement Plan ("Zone 24 LFMP") Amendment and FinanciDg Plan (tbe "Amendment") will have on the
District's school facilities. In this fegard the District would hve no objection at this he'
relative to the Amendment ,-Al3-'#12,552 clf the-
01 mitigation condition
s th6-"RP,vised Di FaciIities Zone 24 W Amendment and F&nce Plan", a copy of which is attached, is inclu&-d as part of the City Council's approval of the Amendment. Otherwise, the District
respectfully would object to the approval of the Amen-nt, as the school facilities
mitigation conditions of the Zone 24 LFMP as originally approved in 1988 are inadequate to
address the present school facilities requirements anticipated from buildour of Zone 24, and inconsistent with the City Council's requhments for development approvals within the City of Carlsbad (the "City")), including the Growth Management Plan.
It is anticipated that there will be 221 students to be generated at buildout of Zone 2A
(ie. 442 dwelling units YDUs"] x 0,s students/DU = 221 students [Smmx: Zone 24 LFW, page 117). Of these 442 total DUs, 327 DUs will result fi~m approvals of
development beyond &e 115 DUS which existed at the time that the city COUnCi original\y
approved the Zone 24 LFMP in 1988 [Solme: Zone 24 LFMP, Exhibit 481. Based on an
estimated school facilities cost of $6163 per single family DU, buildout of Zone 24 will
require additional school facilities at a cost of up to $2,015,301 (Le. 327 Dus x $6163/DU
= $2,015,301). By comparison, th Distrjct could assess ody $971,190 in school fees €ion residential development witbin Zone 24 (if the District were to assess such fees on
EAKWhCYhn AJN/md913&
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Born, AWESON, IKADI, WILES 63. GIANNQNE
Cixy Cauncil of ths City of Carkbad
Jarruary 18, I994
. Page2
development within Zone 24}, or less than 49% of the total cost of schools required within Zone 24 at buildout from residential development alone, not including the number of students
to be gemrated from comwcg-hqM development, using an average of 1,800 square
feet per singlc-family DU and &.e District's current res~detltial sdhocrl fee of $1.69 per sp$e
foot (since Propsidon 170 was not approved at the statewide general election of November 2, f993, the residentiai Echo01 fee has reverted as of that date from $2.65 per squarc foot to
$1.65 per square foot). This leaves a shortfall of over $1,044,111, State funding 10 make up
for the shortfall is unlikely. There is an accumulated backlog of school facility projects on
file with the State Allocation Board in the amount of $4.0 - 5.0 billion dollars.
Addifionally, the existing special condition for %ne 24 relative to schd faC%.&S
financing is not adequae to fully mitigate the sch001 facilities needs ftfronr future developmenr
WW Zone 24, since that condition merely requires the availabiIity of elementary school
facilities on .the Alga Road site prior to recordation of final map, in addition to the payment
of school fees [Source: Zone 24 LFMP, page 1201, which as noted are insufficient m fully
pay for the costs of school facilities from development within Zone 24. However, mitigation
requirements which are solely predicated on the availability of elementary school fac2ities are
insufficient in that the generation of stadents from new development within 'Zone 24 will not
be limited to those attending elementary school, but will require additional facil;icies ta setm
those students at k junior high and high school levels, as well as those mudents at the
elementary school level. Moreover, enrollment projections for junior high and high school facilities anticipate such facilities to exceed capacity as new development occurs within the
City ISuurce: Zone 24 WMP, Exhibit 471, Therefore, conditioning future development
within Zone 24 in the manner provided in the "Reviced Discussion of School Facilities Zone
24 LFMP Amendment and Finance Plan" as recommended for approval by the staff of the PfrrMine; Department would be both appropriate, and would also be consistent With current
state law, as discussed in greater detail below. - ta Decw the CUWAILLXW RwudhGWu~ .. ...
Since prior to 1993, cities and counties bave had the ability to consider the adequac
of school facilities wbn approving "legislative" acts such as zone changes, specific plans ar
general plan amendmenis. This authority was based on three Court of Appeal decisions, w, (1988) 205 Cal.App.3d 1201, S!Ulll
of the COW of Lis
"). In 1492,
.. v, COUT &g,&z (1991) 226 CdApp3d 1612,'d it __ -, (1991) 228 Cal.App.3d 1212 @ollectivdy the 'I- however, SB 1287 was passed irl an attempt to repeal the huldhgs in the Nin Pecwm~ at .-
BAKW&G/AD. ,UWad9l3g
P. 4/6 w _Io (II L" &-t 1-i.J.l um r I~'OdI'CW1"
I
WW, ARNESON, -1, WILES & GUNNONE
City Council of the City of Carlsbad Januaxy 18, 1994
Page 3
frmit school mitigation measures to statutory school fees. However, due to poorly drafted legislation and the failure of the bill to be heard by any committees, Legislative Counsel
Opinion No. 30455 concluded that SB 1287 failed to overtizrn tbe Mira Decrsxow.
Nevertheless, during the past year there bas been considerable disagreement between school
districts, developers. cities aad codes as to the effect, if my, SB 1287 had 611 the ab&y of cities and counties to consider !he adequacy of school facilities when reviewing legislative developments. However, an additional result of the failure of Proposition 110 is thar rhe language added by SB 1287 was repealed. Accordingly, as of November 3, 1993, there cw
be no dispute that the City has the authority to require mitigation of school impacts as a
condirion of any legislative approvals of new development. In tbis regard the Amendment,
by establishing a policy of the City relative to the financing and availability of public facilities within Zone 24, is a legislative act for purposes of the -.
..
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OR the basis of the-Mira Dec isim, the City has the authority to require more than the
statutory school fees from new legislative approvals to ensure tbat schooi facilities are
adequately mitigated. The City has ackmwkdged this authority by proposing the "Revised Discussion of Scbool Facilities Zone 24 LFMP Amendment and Finance Plan", a copy of which is attilched, which condition Is currently being considered by the City Council. This
condition is consistent with State law, which currently provides that the City is not limited to
statutory school fees when considering adequate mitigation for school facilities impacts at the time of IegBIative approvals for new development,
Thank you for your wtkipated cooperation. We would be pleased to provide you
with. any additional information you may require.
Very truly yours,
BOW, ARNESQN, mr, wm & GIANNONE
By:
Alexander Bowie
cc: Dr. George Mannon Mr. JohnBlair
Dh!fW&aAO* L JN.Ilmt9138
P . C/6
JHlY 18 '94 13:31 H (1?'q51.zQ14 A:= ; 6mzeaC41 -71A 8%:. z.814. , --17-c?r; =m . _r(:cin CF CSLS
REYISED RWmON OF SCHWL Fm ZONE 24 LplcaF i-WFNDm AND IX"C.E PLAN
On I)ecex#trcr 7,1993, City Cod approved a achool conditim far the Zom 20 Specific Ph. This sme cbtsdition has been added to thrt Zone 24 LEMP Amtwdnmt and Fke
Plan, Adding this ~~nditios rcquh RYitiibnS to rbree pages Of the tart. Tact to be
Page 6; The tm would be revised as fouaws:
delered is identified by stdkeouz and additimal texx is redlined 8$ provided b&W. .
"7. &vim oeks - sa 01
The opening 0fAvia.m Oaks Elementary School (mfermd to as t.h Alga Road sitt in the c@$na.l WFWTP) in 1991 provided facilities to rdie~e Kelly
Ekinen~ S&Q~ which was aI: capacity when the original Zone 24 LFMF
was approved. Elemenrsry school students living in the Southwesr @adrarrt
0 1 of2
JRM 18 '94 13:32 !3 -1d-85!.-Zl1d SL5*94-+ 714 3&.bih&'. 1-1,f-y* 4.==rY ; w ' ' >':CITY UF C2RLSEfiD
Page 57;
Exbibir 66 b~ page S7 is a table shawkg a amxnaty sf M p.rovfsipn~ fw each facility. RE he relating to school fadties would be x .* and repJBting with
Page 71 would be revised as follows;
"2. *
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BOWIE, ARNESON, KADI, WILES &I GIANNONE
A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
4920 CAMPUS DRIVE
NEWPORT BEACH, CALIFORNIA 92660 AREACODE714 ALEXANDER BOWIE*
JOAN C. ARNESON TELEPHONE 851-13( WIUlAM J. KADl FAX (714) 851-2014 WENDY H. WILES PATRICIA 9. GIANNONE ROBERT E. ANSLOW
ERIC R. DOERING
KJ3NEl-H S. LEVY ART0 J. NUUTMEN
KIMBERLY A. McMURRAY
REF OURFILE
3042.16.
January 18, 1994
Qe,, l/ddfY
JANET 1. MUELLER
A PROFESSIONAL CoRpORATlON
VIA FACSIMILE & U.S. MAIL
City Council of the City of Carlsbad
Carlsbad City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Zone 24 Local Facilities Management Plan Amendment and Financing Plan
Honorable Members of the City Council:
This firm represents the Carlsbad Unified School District ("District"). This letter is
submitted with respect to the impacts which the Zone 24 Local Facilities Management Plan
("Zone 24 LFMP") Amendment and Financing Plan (the "Amendment") will have on the
District's school facilities. In this regard the District would have no objection at this time
relative to the Amendment referenced as Item No. 15, AB #12,552 of the City Council
Agenda for January 18, 1994, provided that the school mitigation condition as recommendec
by the staff of the Planning Department, referenced as the "Revised Discussion of School
Facilities Zone 24 LFMP Amendment and Finance Plan", a copy of which is attached, is
included as part of the City Council's approval of the Amendment. Otherwise, the District
respectfully would object to the approval of the Amendment, as the school facilities
mitigation conditions of the Zone 24 LFMP as originally approved in 1988 are inadequate t
address the present school facilities requirements anticipated from buildout of Zone 24, and
inconsistent with the City Council's requirements for development approvals within the Citj
of Carlsbad (the "City"), including the Growth Management Plan.
It is anticipated that there will be 221 students to be generated at buildout of Zone 2
(i.e. 442 dwelling units ["DUs"] x 0.5 students/DU = 221 students [Source: Zone 24
development beyond the 115 DUs which existed at the time that the City Council original11
approved the Zone 24 LFMP in 1988 [Source: Zone 24 LFMP, Exhibit 481. Based on an
estimated school facilities cost of $6163 per single family DU, buildout of Zone 24 will
require additional school facilities at a cost of up to $2,015,301 (i.e. 327 DUs x $6163/DU
= $2,015,301). By comparison, the District could assess only $971,190 in school fees fro
residential development within Zone 24 (if the District were to assess such fees on
LFMP, page 117). Of these 442 total DUs, 327 DUs will result from approvals of
BAKW&G/AB AJNlad9138
- W
'EIOWIE, &WESON, -1, WILES & GIANNONE
City Council of the City of Carlsbad
January 18, 1994
Page 2
development within Zone 24), or less than 49% of the total cost of schools required within
Zone 24 at buildout from residential development alone, not including the number of student
to be generated from commercial-industrial development, using an average of 1,800 square
feet per single-family DU and the District's current residential school fee of $1.65 per squarl
foot (since Proposition 170 was not approved at the statewide general election of November
2, 1993, the residential school fee has reverted as of that date from $2.65 per square foot to
$1.65 per square foot). This leaves a shortfall of over $1,044,111. State funding to make up
for the shortfall is unlikely. There is an accumulated backlog of school facility projects on
file with the State Allocation Board in the amount of $4.0 - 5.0 billion dollars.
Additionally, the existing special condition for Zone 24 relative to school facilities
financing is not adequate to fully mitigate the school facilities needs from future developmeni
within Zone 24, since that condition merely requires the availability of elementary school
facilities on the Alga Road site prior to recordation of final map, in addition to the payment
of school fees [Source: Zone 24 LFMP, page 1201, which as noted are insufficient to fully
pay for the costs of school facilities from development within Zone 24. However, mitigatioc
requirements which are solely predicated on the availability of elementary school facilities ar
insufficient in that the generation of students from new development within Zone 24 will not
be limited to those attending elementary school, but will require additional facilities to serve
those students at the junior high and high school levels, as well as those students at the
elementary school level. Moreover, enrollment projections for junior high and high school
facilities anticipate such facilities to exceed capacity as new development occurs within the
City [Source: Zone 24 LFMP, Exhibit 471. Therefore, conditioning future development
within Zone 24 in the manner provided in the "Revised Discussion of School Facilities Zone
24 LFMP Amendment and Finance Plan" as recommended for approval by the staff of the
Planning Department would be both appropriate, and would also be consistent with current state law, as discussed in greater detail below.
Mira. Hart and Murrieta Decisions Are the Current Law Regarding School Facilities
Mitigation,
Since prior to 1993, cities and counties have had the ability to consider the adequacj
of school facilities when approving "legislative" acts such as zone changes, specific plans anc
general plan amendments. This authority was based on three Court of Appeal decisions,
Mira Development Corp. v. City of San Diego, (1988) 205 Cal.App.3d 1201, William S.
Hart Union Hich School District v. Regional Planninc Commission of the County of Los
Angeles (1991) 226 Cal.App.3d 1612, and Murrieta Valley Unified School District v. Count!
of Riverside, (1991) 228 Cal.App.3d 1212 (collectively the "Mira Decisions"). In 1992,
however, SB 1287 was passed in an attempt to repeal the holdings in the Mira Decisions and
BAKW&G/AB AJNIan19138
- e
BOWIE, ~SON, KADI, WILES & GIANNONE
City Council of the City of Carlsbad
January 18, 1994
Page 3
limit school mitigation measures to statutory school fees. However, due to poorly drafted
legislation and the failure of the bill to be heard by any committees, Legislative Counsel
Opinion No. 30455 concluded that SB 1287 failed to overturn the Mira Decisions.
Nevertheless, during the past year there has been considerable disagreement between school
districts, developers, cities and counties as to the effect, if any, SB 1287 had on the ability o
cities and counties to consider the adequacy of school facilities when reviewing legislative
developments. However, an additional result of the failure of Proposition 170 is that the
language added by SB 1287 was repealed. Accordingly, as of November 3, 1993, there can
be no dispute that the City has the authority to require mitigation of school impacts as a
condition of any legislative approvals of new development. In this regard the Amendment,
by establishing a policy of the City relative to the financing and availability of public facilitic
within Zone 24, is a legislative act for purposes of the Mira Decisions.
On the basis of the Mira Decisions, the City has the authority to require more than tk
statutory school fees from new legislative approvals to ensure that school facilities are
adequately mitigated. The City has acknowledged this authority by proposing the "Revised
Discussion of School Facilities Zone 24 LFMP Amendment and Finance Plan", a copy of
which is attached, which condition is currently being considered by the City Council. This
condition is consistent with State law, which currently provides that the City is not limited tc
statutory school fees when considering adequate mitigation for school facilities impacts at tht
time of legislative approvals for new development.
Thank you for your anticipated cooperation. We would be pleased to provide you
with any additional information you may require.
Very truly yours,
BOWIE, ARNESON, KADI,
WILES & GIANNONE
By :
Alexander Bowie
cc: Dr. George Mannon
Mr. John Blair
BAKW&G/AB:AJN/an/9138
il-t ti31 CI
-- w 7v3uuu=v7 -e
REVISED DIscusslON OF SQiOoL FACLLTIES ZONE 24 LPMP AMENDMENT AND FINANCE PLAN
On December 7, 1993, City Council approved a school condition for the Zone 20 Sped
Plan. Addkg this conddon requires revisions tO three pages of the text. Text to deleted is identified by saeout and additional text is redlined as provided below:
Page 6: The text would be revised as follows:
Plan. This same miition has been added to the Zone 24 LFMP hmhat and Pinan
"7. &&u-a Oeks El emtntarv Sc hool
The opening of Aviara Oaks Elementary School (referred to as the Alga Roe
site in the original LFMP) in 1993 provided facilfdes to relieve Kel.
1 of2
~-__
w W
s
Page 57:
Exhibit 66 on page 57 is a table showing a summary of financing pmvisions for eack
facility. The line relating to school facilities would A' and replacing with ..
Page 71 would be revised as foUows;
"2. B
Elementary school facilities are available at the Alga Road site; AViara Oaks .* Elementary SchooI opened in September of 1991. w c
20f2
0 e Carlsbad SUN I- .
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (419) 431-4850
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled mat
I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation,
published weekly in the City of Carlsbad, County of San Diego, State of California, and which ne'
is published for the dissemination of local news and intelligence of a general character, and which
per at all times herein mentioned had and still has a bona fide subscription list of paying subscrit
which newspaper has been established, printed and published at regular intervals in the said
Carlsbad, County of San Diego, State of California, for a period exceeding one ye
preceding the date of publicatioi
PUBLIC HEARING LOCAL FACILITIES
MANAGEMENT PLAN AMENDMENT AND FINANCING PLAN FOR ZONE 24
hereof on the
LFMP 87-24(A)
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m., on Tues- day, January 18, 1994, to consider an; amendment to the Zone 24 Local Facilities Management Plan to include a financing plan and changes to reflect current status of certain facilities. Since the Zone 24 Loc- al Facilities Management Plan (LFMP) was originally adopted, a number of events have occurred which affect the am'ount of development and demand for public facilities in the zone. The LFMP Amendment recommends new conditions of approval where there has been a signifi-
If you challenge the Local Facilities Management Plan Amendment and Financing Plan in court, you may be li- mited to raising only those issues raised
6; you or someone else at the public hear- ing described in this notice or in written correspondence delivered to the City of Carlsbad City Clerks Office at, or prior, to the public hearing. Applicant: George Wimpy, Inc. CITY OF CARLSBAD CITY COUNCIL
. ZONE24
' CJ 7074: January 6,1994
Carlsbad SUN
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled mal
I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation,
published weekly in the City of Carlsbad, County of San Diego, State of California, and which ne
is published for the dissemination of local news and intelligence of a general character, and which per at all times herein mentioned had and still has a bona fide subscription list of paying subscril
which newspaper has been established, printed and published at regular intervals In the saiG
Carlsbad, County of San Diego, State of California, for a period exceeding one ye
preceding the date of publicatic
n view ranc notice hereinafter referred to; anc
4BFU3BA $398,00Inotice of which the annexed is i
REALTY EXECUTI\I copy, has been published in eac
LOCAL FACILITIES Rose Firsten and entire issue of said newspape
in any supplement thereof on th MANAGEMENT PLAN AMENDMENT AND ing dates, to-wit: ZONE 24 LFMP 87-24(A)
City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at6 00 p rn , on Tues- day, January 18, 1994, to consider an, amendment to the Zone 24 Local Facilities Management Plan to include a financing plan and changes to reflect current status of certain facilities Since the Zone 24 Loc- ai Facilities Management Plan (LFMP) was originally adopted, a number of events have occurred which affect the amount of development and demand for public facilities in the zone The LFMP Amendment recommends new conditions
NOTICE OF PUBLIC HEARING
931-9997 FINANCING PLAN FOR
NOTiCE IS HEREBY GIVEN that fhe January 06
I NVESTOR FRIENDLY. ..
xtra storage, att gar , wood d
$EACH COLONY FUN BE
1 BR. 2 BA award-wlnnlng 5-1 Cefllfy under penalty of per~ury
;PIC, huge pvt patlo High Celforegoing is true and correct. Exe
;OOD OCEAN VIEWS frocarlsbad, County of San Diego, 5
ighly decorated in lovely ganCalifornia on
ools, tennis, quick walk to T(
,A COSTA SINGLE LEVE
n. on XLG lot on cul-de-sac
ofapproval where there has been a signifi-
the 6th
January, 1994 day of
vered to the City of Office at, or prior, to d. PpJfF1tA CITY OF CARLSBAD
CITY COUNCIL Clcrk ol CJ 7074 January 6.1994
0 NOTICE OF PUBLIC HEARING
LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT AND FINANCING PLAN FOR ZONE 24
0
.-
w
LFMP 87-24(AL
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will ho' a public hearing at the City Council Chambers, 1200 Carlsbad Village Drivc Carlsbad, California, at 6:OO p.m., on Tuesday, January 18, 1994, to consider amendment to the Zone 24 Local Facilities Management Plan to include a financir plan and changes to reflect current status of certain facilities. Since the Zor
24 Local Facilities Management Plan (LFMP) was originally adopted, a number ( events have occurred which affect the amount of development and demand for publ- facil i ties in the zone. The LFMP Amendment recommends new conditions of approvi where there has been a significant modification of facility requirement: primarily in Circulation, Sewer, and Water.
If you have any questions regarding this matter, please call Terri Woods in tl
PI anning Department, at 438-1161, extension 4447.
If you challenge the Local Facilities Management Plan Amendment and Financin Plan in court, you may be limited to raising only those issues raised by you a someone else at the public hearing described in this notice or in writte correspondence delivered to the City of Carlsbad City Clerk's Office at, c prior, to the public hearing.
APPLICANT: George Wimpy, Inc. PUBLISH: December 30, 1993
CITY OF CARLSBAD CITY COUNCIL
4
ClQ d Ct*l
ZONE 24 LFW 87-241
c_
NOTICE OF PUBLIC HEARINcr '(3 P 4-
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hol
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbac
California, at 6:OO p.m. on Wednesday, October 20, 1993, to consider a request fc
approval of an amendment to the Zone 24 Local Facilities Management Plan to include
financing plan and changes to reflect current status of certain facilities.
Those persons wishing to speak on this proposal are cordially invited to attend the pub1
hearing. Copies of the staff report will be available on and after October 13, 1993. If yc
have any questions, please call Tem Woods in the Planning Department at 438-1161, ex
4447.
Kf you challenge the Local Facilities Management Plan Amendment in court, you may b
limited to raising only those issues you or someone else raised at the public hearin
described in this notice or in written correspondence delivered to the City of Carlsbad i
or prior to the public hearing.
CASE FILE: LFMP 87-24(A)
CASE NAME: ZONE 24
PUBLISH:
CARLSBAD SUN: OCTOBER 7, 1993
BLADE CITIZEN: OCTOBER 8, 1993
CITY OF CARLSBAD
PLANNING COMMISSION
Tw:h
@
(Form A)
b. w I,
-
TO: CITY CLERK'S OFFICE
FROM: Q&-+J R\b&Q"T
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice z=rlL
L-YG FA--[ 635s flN*6W.i- pw &&fE)Wl-
/nl*CffJe a7 for a public hearing before the City Council.'
Please notice the item for the council meeting of rm. ly
Thank you.
75/?5/p - - Assistant City Man-- Date
*? - p0bLIw- Yg p4 % -