HomeMy WebLinkAbout1995-02-07; City Council; 13015; Development Agreement Zone Code AmendmentsCIT-” OF CARLSBAD - AGEN-Q BILL $7 @&I .-
AB # /3,oK TITLE: ~ DEVELOPMENT AGREEMENT ZONE CODE DEPT. HD.
MTG. a-7-95 AMENDMENT AND LOCAL COASTAL PROGRAM CITY ATTY (
DEPT. PLN & AMENDMENT - ZCA 94.Ol/LCPA 94-01 nwv mm-m 4 a IWIT MUrl. /Tuw
I RECOMMENDED ACTION: a z 2 That the City Council ADOPT City Council Resolution No. 9 S c 3 2. , APPROVING the
$ Negative Declaration issued by the Planning Director, and INTRODUCE Ordinance No. fl s-305
2 -7 APPROVING ZCA 94-01 and LCPA 94-01.
$ ITEM EXPLANATION I I
On August 3, 1994, the Planning Commission conducted a public hearing and recommended
approval (S-2) of the Negative Declaration, Zone Code Amendment and Local Coastal Program
Amendment amending the Development Agreements Chapter of the Zoning Code. The proposed
amendment makes the Development Agreements Chapter of Title 21 of the Carlsbad Municipal
Code applicable to any project for which consideration of a development agreement is proposed,
changes all references from Land Use Planning Manager to Planning Director, and adds new
requirements for development agreements. Approval of an amendment to the Local Coastal
Program in the form of a zone code amendment is also recommended.
The amendment is proposed as a result of the City Council adopted economic development strategy
and allows for the consideration of development agreements with proposed projects. The
amendment is also proposed as Section 65865(c) of the California Government Code requires the
City upon the request of an applicant to establish procedures and requirements for the consideration
of development agreements. Two requests for the consideration of a development agreement have
been made to staff. As a result, this amendment was initiated. A development agreement is a
contract between a developer and the City under which the City agrees that a development project
can proceed under the policies, rules, and regulations in effect at the time the development
agreement was entered into. In this way, a developer is able to obtain protection against a
subsequently enacted amendment to the general plan, zoning ordinance, or other land use
regulation. This Zone Code Amendment only allows consideration of a request for a development
agreement. It does not mandate that the City approve the request. The intent is only to consider
approving an agreement when it results in extraordinary benefits to the City in addition to what
would normally be required by City standards and reguiations.
Chapter 21.70 of the Zoning Code contains provisions for development agreements. The chapter
can presently only be utilized by projects providing housing for persons of low to moderate income.
The most significant change proposed as part of this amendment is to delete the references to
projects providing housing for persons of low to moderate income and replacing it with text that
would make the development agreements chapter applicable to any project for which an applicant
requests consideration of a development agreement. The Inclusionary Housing and Residential
Density Bonus Or In-Lieu Incentives Chapters added to the Zoning Code in 1993 utilize an
affordable housing agreement not a development agreement. The development agreements chapter
is therefore no longer utilized as a mechanism for guaranteeing the production of housing for
persons of low to moderate income.
Other revisions proposed include: (1) changing all references from Land Use Planning Manager
to Planning Director to reflect the title currently being used by the City; (2) providing the City with
the ability to provide the applicant with the form of a development agreement; (3) requiring a fiscal
impact analysis for projects purporting to provide economic benefits to the City with review and a
recommendation concerning the report prepared by the Finance Director; (4) adding a new finding
concerning benefits to the City which could not be attained without approval of a development
agreement; (5) adding a provision that development agreements for projects within the coastal zone 1
PAGE 2 OF AGENDA BILL NO. / 3,o i s
shall not become effective until a local coastal program amendment or a coastal development
permit, whichever is applicable, has been granted by the California Coastal Commission; and (6)
updating references to sections of the California Government Code.
Staff is proposing an additional revision to the ordinance which was not considered by the Planning
Commission. The City Attorney has requested that the ordinance be revised to include a provision
allowing the City to require an applicant to pay the City’s costs in negotiating, preparing and
processing the Development Agreement. This would include the fees and expenses of special
counsel and any other consultants engaged by the City in connection with the Development
Agreement. The proposed text is found in Section 3 of the ordinance and would be Section
21.70.020 (c) of the Municipal Code.
Attached to the staff report to the Planning Commission is a strikeout and shaded version of the
ordinance containing the proposed revisions. Deletions are indicated with a line through the existing text. Additions are shaded to indicate the new text.
ENVIRONMENTALREVIEW
On August 3,1994 the Planning Commission recommended approval of the Negative Declaration
issued by the Planning Director on May 16, 1994.
FISCAL IMPACT
There will be no fiscal impact from the adoption of the proposed amendments to Title 21 of the
Municipal Code and the Local Coastal Program to make the development agreements chapter
applicable to any project for which a development agreement is proposed and adding requirements
for development agreements.
EXHIBITS
1. City Council Resolution No. 9 5 - 32
2. City Council Ordinance No. n 5 - 3 0 a
3. Planning Commission Resolution Nos. 3695, 3696, and 3697
4. Planning Commission Staff Report, dated August 3, 1994
5. Excerpts of Planning Commission Minutes, dated August 3, 1994.
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RESOLUTION NO. 95-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION FOR A ZONE CODE AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT TO AMEND CHAPTER 2 1.70
OF THE CARLSBAD MUNICIPAL CODE TO MAKE THE CHAPTER
APPLICABLE TO ANY PROJECT FOR WHICH A DEVELOPMENT
AGREEMENT IS PROPOSED; TO CHANGE ALL REFERENCES
FROM LAND USE PLANNING MANAGER TO PLANNING
DIRECTOR; AND TO ADD ADDITIONAL REQUIREMENTS FOR
DEVELOPMENT AGREEMENTS.
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE
AMENDMENT
CASE NO: ZCA 94-Ol/LCPA 94-01
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on August 3, 1994, hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning Commission Resolution No.
3695, on file with the City Clerk and incorporated herein by reference constitute the findings
of the City Council in this matter and that the Negative Declaration is hereby approved.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
:ouncil of the City of Carlsbad, California, on the 7th day of FEBRUARY , 1995, by the
3Ilowing vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUT
(SEW
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I t - .
ORDINANCE NO. NS-302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.70 OF THE CARLSBAD MUNICIPAL CODE TO MAKE THE CHAPTER APPLICABLE TO ANY PROJECT FOR WHICH A DEVELOPMENT AGREEMENT IS PROPOSED: TO CHANGE ALL REFERENCES TO LAND USE PLANNING MANAGER TO PLANNING DIRECTOR; AND TO ADD ADDITIONAL REQUIREMENTS FOR DEVELOPMENT AGREEMENTS. CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT CASE NO: ZCA 94-Ol/LCPA 94-01
The City Council of the City of. Carlsbad,
California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.005 to read as follows:
1121.70.005 Authority for Adoption - Annlicabilitv. This chapter is adopted under the authority of Government Code Sections 65864 - 65869.5. This chapter shall be applicable to any project for which an applicant requests consideration of a development agreement."
SECTION 2: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.010 to read as follows:
1121.70.010 Forms and Information.
(a) Except as otherwise provided in this chapter, the planning director shall prescribe the form for each application, notice and document provided or required under this chapter for the preparation and implementation of development agreements.
(b) The Planning Director may require an applicant to submit such information and supporting data as the planning director considers necessary to process the application.1@
SECTION 3: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.020 to read as follows:
"21.70.020'Fees and Reimbursements.
(a) A fee established by city council resolution shall be paid by the applicant at the time of filing the application. (b) Nothing in this chapter shall relieve the applicant from the obligation to pay any other fee for a city approval, permit or entitlement required by this code. (c) The city may require the applicant to agree to pay the City's costs. in negotiating, preparing and processing the 5
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Development Agreement, including the fees and expenses of special counsel and any other consultants engaged by the City in connection with the Development Agreement.
SECTION 4: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.030 to read as follows:
@@21.70.030 Qualification as an Annlicant.
Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The Planning Director shall require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application the Planning Director shall obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement."
SECTION 5: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.040 to read as follows:
1121.70.040 Pronosed Form of Aareement. Each application shall be accompanied by the form of development agreement proposed by the applicant unless the City Manager, in consultation with the Planning Director and City Attorney, determines to provide the applicant with the form of a development agreement. The City Council may adopt by resolution a standard form of development agreement. The applicant may choose to use the standard form and include specific proposals for changes in or additions to the language of the standard form. The proposed agreement shall contain all the elements required by Government Code Section 65865.2 and may include any other provisions permitted by law, including requirements that the applicant provide sufficient security approved by the city attorney to ensure provision of public facilities.@1
SECTION 6: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.050 to read as follows:
"21.70.050 Review of Annlication. (a) The Planning Director shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete he shall accept it for filing.
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(b) The Planning Director shall review the application and proposed agreement and shall prepare a.report and recommendation to the Planning Commission on the agreement. (c) The Planning Director shall forward. a copy of the application and proposed agreement to the City Attorney for review. The City Attorney shall prepare a report and recommendation to the Planning Commission on the agreement. (d) The Planning Director shall forward a copy of the application, proposed agreement, and a fiscal impact analysis, for projects purporting to provide economic benefits to the City, to the Finance Director for review. The Finance Director shall prepare a report and recommendation to the planning commission on the agreement and fiscal impact analysis."
SECTION 7: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.060 to read as follows:
*'21.70.060 Transmittal to Plannina Commission. The planning director shall transmit the application to the Planning Commission for a public hearing when all the necessary reports and recommendations are completed. Notice of the public hearing shall be given as provided in this chapter. The application ,for a development agreement may be considered concurrently with other discretionary permits for the project.@*
SECTION 8: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.080, Subsection (b) (7) to read as follows:
"21.70.080 (b) (7). Where applicable, ensures provision of public facilities in a manner consistent with the general plan;"
SECTION 9: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the addition of Section
"21.70.080 (b) (9). Will result in the provision of economic, environmental, recreational, cultural, or social benefits to the City which would not be attainable without approval of the agreement."
SECTION 10: That Title 21, Chapter 21.70, of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.090 to read as follows:
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1V21.70.090 Annroval of Development Aareements. If the city council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the Mayor to execute the agreement after the effective date of the ordinance on behalf of the City. Before execution, each agreement shall be approved as to form by the City Attorney. For projects located within the coastal zone the development .agreement shall not become effective until a Local Coastal Program Amendment or Coastal Development Permit, whichever is applicable, has been granted by the California Coastal Commission or its successor in interest.!'
SECTION 11: That Title 21, Chapter 21.70, of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.100 to read as follows:
"21.70.100 (a) Notice of public hearing required by this chapter shall be given by both methods provided in Section 21.54.060 of this code. (b) The notice requirement referred to in subsection (a) is declaratory of existing law (Government Code Sections 65867, 65090, and 65091). If state law prescribes a different notice requirement, notice shall be given in that manner. . (c) The failure of any person to receive notice required by law or these regulations does not affect the authority of the City to enter into a development agreement.
SECTION 12: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.140, Subsection (b) to read as follows:
"21.70.140 (b). The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways: (1) Recommendation of the Planning Director: (2) Resolution of intention by the Planning Commission; (3) Resolution of intention of the City Council.ll
SECTION 13: That Title, 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.140, Subsection (c) to read as follows:
"21.70.140 (c). The Planning Director shall begin the review proceeding by giving written notice that the city council intends to undertake a periodic review of the development agreement to the property owner. He shall give the notice at least ten days in advance of the time at which the matter will be considered by the Council.11
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17 APPROVED AS TO FORM AND LEGALITY
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EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption; and the city clerk shall certify
the adoption of this ordinance and cause it to be published at
least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
1 Carlsbad City Council on the 7th day of FEBRUARY , 1995, and
thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the day of I
1995 by the following vote, to wit:
AYES:
NOES:
ABSENT:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETI-IA L. RAUTENKRANZ, City Clerk
(Seal)
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EXMBIT 3
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PLANNING COMMISSION RESOLUTION NO. 3695
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT AND
LOCAL COASTAL PROGRAM AMENDMENT TO AMEND CHAPTER
21.70 OF THE CARLSBAD MUNICIPAL CODE TO MAKE THE
CHAPTER APPLICABLE TO ANY PROJECT FOR WHICH A
DEVELOPMENT AGREEMENT IS PROPOSED; TO CHANGE ALL
REFERENCES TO LAND USE PLANNING MANAGER TO PLANNING
DIRECTOR; AND TO ADD ADDITIONAL REQUIREMENTS FOR
DEVELOPMENT AGREEMENTS.
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE
AMENDMENT
CASE NO: ZCA 94-Ol/LCPA 94-01
WHEREAS, the Planning Commission did on the 3rd day of August, 1994,
hold a duly noticed public hearing as prescribed by law to consider said request, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff,
15 and considering any written comments received, the Planning Commission considered all
l6 factors relating to the Negative Declaration.
17 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
18 as follows: 19
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
Commission hereby recommends APPROVAL of the Negative Declaration
according to Exhibit “ND”, dated May 16, 1994, and “PII”, dated May 9,
1994, attached hereto and made a part hereof, based on the following
findings:
24 Fixdims:
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26 1. The initial study shows that there is no substantial evidence that the proposed zone
code amendment may have a significant impact on the environment.
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2. The proposed Zone Code Amendment and Local Coastal Program Amendment is not
associated with any development project and therefore will not have a significant
adverse impact on the environment.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of August, 1994, by
the following vote, to wit:
AYES: Chairperson Savary; Commissioners Welshons, Compas,
Nielsen, and Noble.
NOES: Commissioners Erwin and Monroy.
ABSENT: None.
ABSTAIN: None.
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CARLSBAD PLAiNING COMMISSION
ATTEST:
MI~HAELJ.~ZMI~%ER .
PLANNING DIRECTOR
PC RESO NO. 3695 -2- \\
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: Citywide, City of Carlsbad
PROJECTDESCRIPTIGN: A Zone Code Amendment to modify the Development
Agreements chapter of the code to make it applicable to any
project for which a development agreement is proposed. The
chapter can presently only be utilized by projects providing
housing for persons of low to moderate income. Other related
modifications are proposed to the chapter.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not have a significant
impact on the environment) is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning~
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
30 days of date of issuance. If you have any questions, please call Don Neu in the
Planning Department at (619) 438-1161, extension 4.446.
DATED: MAY 16,1994
CASE NO: ZCA 94-Ol/LCPA 94-01
MICHAEL J. I&ZM~LER
Planning Director
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT
PUBLISH DATE: MAY 16, 1994
DN:vd
. )2- 2075 Las Palmas Drive - Car&bad, California 92009-l 576 - (619) 436-l 161
SP+ OF CALIFORNIA _ PETE WILSON, Governor
GOVERNOR’S OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET
SACRAMENTO, CA 95814
June 13, 1994
DON NEU CITY OF CARLSBAD 2075 LAS PAIHAS DRIVE CARLSBAD, CA 92009
Subject: ZCA 94-Ol/LCPA 94-01 - DEVELOPMENT AGREBMENTS ZONE CODE AMEN SCH x: 94051039
Dear DON NEU:
The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act.
Please call Mark Goss at (916) 445-0613 if you have any questions regarding the environmental review process. When contacting the Clearinghouse in this matter, please use the eight-digit State Clearinghouse number so that we may respond promptly. qimf-f
Chief, State Clearinghouse
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FAMRONMENTAL IMPACI’ ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. ZCA 94-OVLCPA 94-01
BACKGROUND
DATE: Mav 9. 1994
1. CASE NAME: Development Agreements Zone Code Amendment
2. APPLICANT: Citv of Carlsbad
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Drive Carlsbad, CA 92009
(619) 438-1161. ext. 4446
4. DATE EIA FORM PART I SUBMITTED: N/A
5. PROJECT DESCRIPTION: A Zone Code Amendment to modifv the Develonment Agreements
chanter of the code to make it aDDlicable to anv project for which a development agreement
is proposed. The chapter can nresentlv onlv be utilized bv proiects providing housing to
persons of low to moderate income. Other related modifications are DroDosed to the chanter.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a significant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This
checklist identifies any physical, biological and human factors that might be impacted by the proposed project
and provides the City with information to use as the basis for deciding whether to prepare an Environmental
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant effect on the environment. On the checklist, “NO” will be checked
to indicate this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a significant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insignificant. These findings are shown in the checklist under the headings “YES-sig” and ‘YES-in&”
respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
PHYSICAL FirwRo-
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(Sk1 (big)
1. Result in unstable earth conditions or
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
increase the exposure of people or property
to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial amounts of fuel or energy?
Alter a sigrrifkant archeological,
paleontological or historical site,
structure or object?
x
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BIOLOGICAL lZNVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
big) (insig)
12.
13.
14.
15.
16.
Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
x
x
x
Reduce the amqunt of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an
area, or result in a barrier to the
x
migration or movement of animals?
HUMANENVIRONMENT
x
WILL THE PROPOSAL DIRECTLY OR INDIRECTLYz
17. Alter the present or planned land use
of an area?
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services?
YES YES NO
Wg) (big)
x
-. x
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HUMANENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
(s&t>
Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
Increase existing noise levels?
Produce new light or glare?
Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil, pesticides, chemicals or radiation)?
Substantially~alter the density of the
human population of an area?
Affect existing housing, or create a demand
for additional housing?
Generate substantial additional traffic?
Affect existing parking facilities, or
create a large demand for new parking?
Impact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods?
Alter waterborne, rail or air traffic?
Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
Interfere with emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view?
Affect the quality or quantity of
existing recreational opportunities?
YES NO
(ins&)
x
x
x
x
x
x
x
x
x
x
x
x
x
x
4-
MANDATORY FINDINGS OF SIGNJFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
big) (i=+# NO
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods of California history or prehistory. x
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable future projects.)
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
x
x
x
-5-
DISCUSSION OF ENVIRONMENTAL EVALUATION
A development agreement is a contract between a developer and the city under which the city agrees that
a development project can proceed under the policies, rules and regulations in effect at the time the
development agreement was entered into. In this way, a developer is able to obtain protection against a
subsequently enacted amendment to the general plan, zoning ordinance, or other land-use regulation, whether
enacted by the legislative body or by the voters through an initiative. California Government Code Section
65865 allows local governments to enter into an agreement with any person having a legal or equitable
interest in real property for the development of the property. It also requires local governments upon the
request of an applicant to establish procedures and requirements for the consideration of development
agreements upon the filing of an application.
Chapter 21.70 of the Carlsbad Municipal Code presently contains provisions for development agreements.
This project is not a specific development, but rather an amendment to an existing chapter of the zoning
ordinance. The proposed zone code amendment makes the existing zone code chapter applicable to any
project for which a development agreement is proposed. The chapter can presently only be utilized by
projects providing housing for persons of low to moderate income. It also removes the reference to projects
providing housing for persons of low to moderate income and replaces it with requirements for projects
purporting to provide economic benefits to the city. An additional finding is also proposed. The final revision
is the addition of a requirement that development agreements will not become effective for projects in the
coastal zone until the project has received California Coastal Commission approval. The zone code
amendment also serves as a text amendment to the Local Coastal Program.
Phvsical Environment
1 - 4.
5 - 6.
7 - 8.
9 - 10.
11.
No development project is proposed at this time. Therefore, no physical alteration of a site will
occur as part of this zone code amendment.
No impacts will occur to air quality, movement, odor, moisture, or temperature as no site- specific
development is proposed as part of this zone code amendment.
Impacts to the course or flow of water as well as the quantity or quality of surface water, ground
water or public water supply will not be created by this zone code amendment since no site-specific
development is proposed.
This zone code amendment will not deplete any natural resources or result in the usage of
substantial amounts of fuel or energy as no physical, site-specific development is proposed.
Since this zone code amendment does not include alteration of a specific property no impact to an
archeological, paleontological or historical site, structure or object will occur.
Biological Environment
12 - 16. No development or site-specific alteration is proposed as part of this zone code amendment,
therefore no impacts to the diversity of plant or animal species, habitat, agricultural areas, or
farmlands are anticipated.
-6-
Human Environment
17.
18 -19.
20 - 24.
25 -30.
31.
32.
33- 36.
No site-specific development is proposed as part of this zone code amendment. The amendment
will not directly affect the planned land use of an area. It will however, allow for the use of a
development agreement which will provide a greater level of assurance to developers that
requirements for an approved project will not change. This will increase the likelihood of a project
being constructed.
The amendment to the development agreements chapter of the zoning ordinance is not part of a site-specific development. It will not substantially affect public utilities, schools, police, fire,
emergency or other public services. In addition, it will not result in the need for new or modified
sewer systems, solid waste, or hazardous waste control systems. Projects for which a development
agreement are proposed will still be required to comply with the city’s growth management
program performance standards for public facilities.
An increase to existing noise levels, the creation of new sources of light or glare, the potential for
a hazardous materials impact, alteration of the population density of an area, or the creation of a
demand for additional housing will not be created by the proposed zone code amendment. No site-
specific development project is proposed. The amendment is to an existing chapter of the zoning
ordinance.
The proposed amendment will not generate substantial additional traffic, affect parking, or alter
the existing transportation systems. This proposed zone code amendment is not a site-specific
development project and as such will not increase traffic hazards to motorists, bicyclists, or
pedestrians and will not interfere with emergency response plans.
In that no specific development is proposed, no scenic vistas will be obstructed and aesthically
offensive views will not be created by the approval of the zone code amendment.
The quality or quantity of existing recreational opportunities will not be affected by the proposed
zone code amendment.
Since this project does not propose any site specific development, and as indicated above, does not
effect geological, biological, human, or cultural resources, neither long term or cumulative, no
significant environmental impacts will result from this project.
-7-
ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project,
b) alternate site designs,
c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now,
f) alternate sites for the proposed project, and
g) no project alternative.
Project alternatives are required when there is evidence that the project will have a signifkant adverse impact
on the environment and an alternative would lessen or mitigate those adverse impacts. Public Resources
Code Section 21002 forbids the approval of projects with significant adverse impacts when feasible
alternatives or mitigation measures can substantially lessen such impacts. A “significant effect” is defined as
one which has a substantial adverse impact. If the project has “NO” significant impacts than there is no
substantial adverse impact and no justification for requiring a discussion of alternatives, (There is no
alternative to no substantial adverse impact). This project has no significant impacts therefore no alternatives
are required.
-8-
DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
X I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
- I find that the proposed project COULD NOT have a significant effect on the environment, because the
environmental effects of the proposed project have already been considered in conjunction with
previously certified environmental documents and no additional environmental review is required.
Therefore, a Notice of Determination has been prepared.
- I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
- I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
Signature
LIST MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
-9-
APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
DN:vd
-lO-
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PLANNING COMMISSION RESOLUTION NO. 36%
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
TITLE 2 1, CHAPTER 2 1.70, OF THE CARLSBAD MUNICIPAL
CODE, TO MARE THE CHAPTER APPLICABLE TO ANY
PROJECT FOR WHICH A DEVELOPMENT AGREEMENT IS
PROPOSED; TO CHANGE ALL REFERENCES TO LAND USE
PLANNING MANAGER TO PLANNING DIRECTOR; AND TO
ADD ADDITIONAL REQUIREMENTS FOR DEVELOPMENT
AGREEMENTS.
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE
AMENDMENT
CASE NO: ZCA 94-01
WHEREAS, the Planning Commission did on the 3rd day of August, 1994,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of ZCA 94-01, according to Exhibit ‘X’, dated
August 3, 1994, attached hereto and made a part hereof, based on the
following findings:
Findinns:
1. The proposed amendment is consistent with Sections 65864 through 65869.5 of
the California Government Code.
2. The proposed amendment will allow for the consideration of development
agreements for projects other than those providing housing for persons of low to
moderate income as is intended by State Law.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of August, 1994, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Chairperson Savary; Commissioners Welshons, Compas,
Nielsen and Noble.
Commissioners Erwin and Monroy.
None.
None.
CARLSBAD PLANNING COMMISSION
MICHAEL J. H&!ZMILL%R
Planning Director
PC RESO NO. 3696 -2-
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PLANNING COMMISSION RESOLUTION NO. 3697
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO ALL SIX SEGMENTS OF
THE CARLSBAD LOCAL COASTAL PLAN TO MARE THE
ZONING CODE AND THE LOCAL COASTAL PROGRAM
CONSISTENT BY AMENDING CHAPTER 21.70
(DEVELOPMENT AGREEMENTS) OF THE ZONING
ORDINANCE WHICH SERVES AS THE IMPLEMENTATION
PLAN FOR THE LCP DIRECTLY OR THROUGH REFERENCES
IN EXISTING MASTER PLANS OR THE VILLAGE DESIGN
MANUAL.
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE
AMENDMENT
CASE NO: LCPA 94-01
WHEREAS, California State law requires that the Local Coastal Plan,
General Plan, and Zoning designations for properties in the Coastal Zone be in
conformance; b
WHEREAS, a verified application for an amendment to the Local Coastal
Program, as shown on Exhibit “X”, dated August 3, 1994, attached and incorporated
herein, has been filed with the Planning Commission; and
WHEREAS, said verified application constitutes a request for amendment
as provided in Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of August, 1994,
hold a duly noticed public hearing as prescribed by law to consider the proposed Local
Coastal Program Amendments shown on Exhibit ‘X’, dated August 3, 1994; attached
hereto, and;
WHEREAS, at said public ‘hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to the Local Coastal Program Amendment.
WHEREAS, State, Coastal Guidelines requires a six week public review
I-G
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period for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on May
12, 1994, and ending on June 23, 1994. No public comments had been
received.
Cl That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of LCPA 94-01 as shown on Exhibit ‘Y’, dated
August 3, 1994, attached hereto and made a part hereof based on the
following findings:
Fin-:
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2.
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
The proposed Local Coastal Program Amendment is consistent with all applicable
policies of the City of Carlsbad Local Coastal Program.
The proposed amendment is required to maintain consistency between the Zoning
Code and the Local Coastal Program.
PC PESO NO. 3697 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Car&bad, held on the 3rd day of August, 1994, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Savary; Commissioners Welshons, Compas,
Nielsen and Noble.
Commissioners Erwin and Monroy.
None.
None.
CARLSBAD PtiNING-COMMISSION
ATTEST:
MICHAEL J. i%kZti~ER
Planning Director
PC RESO NO. 3697 -3-
DATE:
FROM:
SUBJECT:
I.
STAFF REPORT ’
EXHBIT 4
APPLIC, _ _ ION COMPLETE DATE:
MARCH 9. 1994
STAFF PLANNER: DON NEU
AUGUST 3, 1994
PLANNING DEPARTMENT
ZCA 94-Ol/LCPA 94-Ol- DEVELOPMENT AGREEMENTS ZONE CODE
AMENDMENT - A request for approval of a Negative Declaration and amendments to the Development Agreements Chapter of the Zoning Code to
make the chapter applicable to any project for which a development
agreement is proposed; to change all references to Land Use Planning
Manager to Planning Director; and to add additional requirements for
development agreements. Approval of an amendment to the Local Coastal
Program in the form of a zone code amendment is also proposed.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3695
recommending APPROVAL of the Negative Declaration issued by the Planning Director,
ADOPT Planning Commission Resolution No. 3696 recommending APPROVAL of ZCA 94-
01 based on the findings contained therein, and ADOPT Planning Commission Resolution
No. 3697 recommending APPROVAL of LCPA 94-01, based on the findings contained
therein.
II. PROJECX DESCRImON AND BACKGROUND
The proposed zone code amendment is to the existing Development Agreements Chapter
of the Zoning Code. The amendment is proposed as a result of the City Council adopted
economic development strategy and would allow for the consideration of development
agreements with proposed projects. A development agreement is a contract between a
developer and the city under which the city agrees that a development project can proceed
under the policies, rules, and regulations in effect at the time the development agreement
was entered into. In this way, a developer is able to obtain protection against a
subsequently enacted amendment to the general plan, zoning ordinance, or other land-use
regulation, whether enacted by the legislative body or by the voters through an initiative.
California Government Code Section 65865 allows local governments to enter into an
agreement with any person having a legal or equitable interest in real property for the
development of the property. It also requires local governments upon the request of an applicant to establish procedures and requirements for the consideration of development
agreements upon the filing of an application.
.-
ZCA 94-Ol/LCPA94-Ol-L,VELOPMENTAGREEMENTS
ZONE CODEAMENDMENT
AUGUST3,1994
PAGE2
Chapter 21.70 of the Zoning Code contains provisions for development agreements. The
chapter can presently only be utilized by projects providing housing for persons of low to
moderate income. The most significant change proposed as part of this zone code
amendment is to delete the references to projects providing housing for persons of low to
moderate income and replacing it with text that would make the development agreements
chapter applicable to any project which an applicant requests consideration of a
development agreement. The Inclusionary Housing and Residential Density Bonus Or In-
Lieu Incentives Chapters added to the Zoning Code in 1993 utilize an affordable housing
agreement not a development agreement. The code defines an affordable housing
agreement as a legally binding agreement between a developer and the city to ensure that
the inclusionary requirements of the code are satisfied. The affordable housing agreement
establishes the number of required inclusionary units, the unit sizes, location, affordability
tenure, terms and conditions of affordability and unit production. The development
agreements chapter is therefore no longer utilized as a mechanism for guaranteeing the
production of housing for persons of low to moderate income. The proposed revisions to
the development agreements chapter enable the city to comply with the California
Government Code as it allows for the consideration of develapment agreements upon the
request of a project applicant.
Attached to the staff report is a strikeout and shaded versions of the ordinance containing
the proposed revisions. Deletions are indicated with a line through the existing text.
Additions are shaded to indicate the new text. The other revisions include: (1) changing
all references from land use planning manager to planning director to reflect the title
currently being used by the city; (2) providing the city with the ability to provide the
applicant with the form of a development agreement; (3) requiring a fiscal impact analysis
for projects purporting to provide economic benefits to the city with review and a
recommendation concerning the report prepared by the Finance Director; (4) adding a
new finding concerning benefits to the city which could not be attained without approval
of a development agreement;. (5) adding a provision that development agreements for projects within the coastal zone shall not become effective until a local coastal program
amendment or a coastal development permit, whichever is applicable, has been granted by
the California Coastal Commission; and (6) updating references to sections of the California
Government Code.
III. ANALYSIS
1. Are the proposed amendments to Chapter 21.70 (Development Agreements) of the
Zoning Code consistent with sections 65864 through 65869.5 of the California
Government Code?
2. Will the proposed zone code amendment retain consistency with the City’s Local
Coastal Program?
ZCA 94-Ol/LCPA 94-01-L,‘/ELOPMENT AGREEMENTS ZONE CODE AMENDMENT
AUGUST 3, 1994
PAGE 3
DISCUSSION
1. CONSI~CY WITH THE CALIFORNIA GOVERNMENT CODE
Section 65865 (c) requires that the city upon request of an applicant, establish procedures
and requirements for the consideration of development agreements. As stated in the
preceding section of this staff report the city currently has a chapter in the zoning code
which establishes procedures and requirements for the consideration of development
agreements; however, it limits their potential use to projects providing housing for persons
of low to moderate income. The proposed amendment will remove this limitation and
make the development agreements chapter applicable to any project for which an applicant
requests consideration of a development agreement. As a result the amended chapter will
be in compliance with this requirement of state law. The other revisions previously
outlined reflect changes that staff believes will be beneficial to the city.
A public hearing is required to be held on an application for a development agreement by
the Planning Commission and the City Council. The Planning Commission will consider
the application and make a recommendation to the City Council. The City Council will
make the final decision on a development agreement application.
2. CONSISTENCY WITH THE LOCAL COASI’AL PROGRAM
Local Coastal Programs (LCPs) consist of a land use plan, zoning ordinances and other
implementing actions. Because the city’s zoning code serves as the implementation plan
for the LCP directly or through references in existing master plans or the Village Design
Manual, the proposed zone code amendment is also an amendment to all six segments of
the Carlsbad Local Coastal Program. Therefore, approval of the zone code amendment by
the City and the California Coastal Commission will result in consistency between the
zoning code and the implementation plan for the LCP. Should the proposed zone code
amendment be approved staff will be submitting a Local Coastal Program Amendment
application to the California Coastal Commission.
A six week public comment period was provided for the proposed Local Coastal Program
Amendment beginning on May 12, 1994 and ending on June 23, 1994. A notice was
published in the Carlsbad Sun and the Blade-Citizen. A copy of the notice was also mailed
to the interested parties list maintained by the City. No comments were received.
Iv. ENVIRONMENTAL REVlEVV
The Planning Director has determined that this project will not have a significant impact
on the environment and, therefore, has issued a Negative Declaration on May 16, 1994.
The environmental analysis identified that, since this zone code amendment does not entail
any project specific development, no significant environmental impacts resulting from this
ZCA94-Ol/LCPA94-Ol-L~VELOPMENTAGREEMENTS ZONECODEAMENDMENT
AUGUST3,1994
PAGE4
action are anticipated. There were no public or agency comments received in response to
the Notice for a Negative Declaration.
AlTACHMENTS
1. Planning Commission Resolution No. 3695
2. Planning Commission Resolution No. 3696
3. Planning Commission Resolution No. 3697
4. Exhibit “A”, dated August 3, 1994 - Strikeout and Shaded Ordinance Version.
DN:vd
June 30, 1994
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- -1
EXHIBIT “A” Dated August 3, 1994
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.70 OF THE CARLSBAD MUNICIPAL CODE TO MAKE THE CHAPTER APPLICABLE TO ANY PROJECT FOR WHICH A DEVELOPMENT AGREEMENT IS PROPOSED: TO CHANGE ALL REFERENCES TO LAND USE PLANNING MANAGER TO PLANNING DIRECTOR; AND TO ADD ADDITIONAL REQUIREMENTS FOR DEVELOPMENT AGREEMENTS. CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT CASE NO: ZCA 94-01
The City Council of the City of Carlsbad,
California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.005 to read as follows:
"21.70.005. Authority for Adontion - Annlicabilitv. This chapter is adopted under the authority of Government Code Sections 65864 - 65869.5. This chapter shall . be applicable &y t? -ee
SECTION 2: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.010 to read as follows:
"21.70.010 Forms and information. (a) Except as otherwise provided in this chapter, the &-nd . w-2 pm i~~~~~~~~~.~~~~~~~ shall prescribe the form
for each application, ::::::::.;.>::.>:.~p..:.:.:*:.:.:.:.:.:.:.: . . . . . :.:.:.:.:.:.:.:.:.>~.:.:.:.:.:~. . . . . . . . . ..n . ../A.. . . . . . . . . . . . . . . notice and document provided or required under this chapter for the preparation and implementation of development agreements.
nece s s a ry
SECTION 3: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.020 to read as follows:
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(a) A fee established by city council resolution shall be paid by the applicant at the time of filing the application.
PI Nothing in this chapter shall relieve the applicant from the obligation to pay any other fee for a city approval, permit or entitlement required by this code. . ii _.... .. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . . . . . . . . x.2 . . . . . . . . y." .,.,.,...,.... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ::.:r.:.:.:.:.:.:::.: . . . . . . . _....._ :.:.:.:.:.:.:.:.::::::::::::::~:::~:::.,:.:.~.:.~...:.:.:.:.:.:.~:.::::::::.:.:.:. :.:.:.: .:.:.:.:y:.:.:....... ..,. r . . . . . ~~~~.....*~.~~.,.~.:.:.:.:.x ..A :.5;,.:.: . . . . . . . . . *,.~ ,.,.,,,, f.. . . . ../....n __, __ . . . . . . . . . . . . :.:.:.: .,.......... :':':.::x:H:ti:k .:.:,: ~ .:.',..........'...'.'"'.'i""'(" . . . . . . . . . . . ..n.................................... :.:.:.:.:.:.: :.:.~.‘.~.~.~.~" :<*:j:: . . . . . :. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ::::::.:+:.:.:.:.:.:.:.:.:.:.:.:.:.:~:~:~~.. ..:.:.:.:.:.:.: ..:.: :.:. 'i""r _:. I, ,.>,.,.>,.A. ..,. > ,A.. ,a.. ,a.. ..,.. :.~,~.~.~,:...~,~.:.~,~~,.~:.~~.~.:.:.....:.:.:.:.:.:... _..,_ ":.:.:.:.:.:.:.:.:...:.:.'...:.:.:.':.:.:.:.:.:.:.:.:.:.:.: . . . . . . . .,.,.,...,.,.__.i,.,. . . . . . . . . . . . :~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ :':'.:.:.:.:.~.~.:~~::~:::~~:.:.:.:.:.:.:::::l .:y..+y.q:.:...:> . . . . . . . . . . . . .py v.:.: .;.: <.:.: (.~.:.;.~. :.:.:.:<~Bj ... ..,...;;,.. “.....:.:.:.:.:.:.:.:.~ ,.,. <: ,.,.,.,.(,,. c,,.~ ,.,.(,.. +,.:.:<.: .,.,.,. :+:.:c.:.: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .,.,. :.:...: . . . . . :.:.:.: . . . . . . . . . . . . . . . . . .._. :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: . . . . .._...... :.:.:.:.:.:.: :'.~"“"'.'.~.~.'.'"~.':~.~.~.~:~.~.~.~.~.~.~.~.'.~.~~.~.:.:.:.:.:.~::::::::::::::.:,:~.:,:~.:.:~..~:~..:.:.:.:.:~..:.:.:.:.:.:..~:.:.:.:.:.:.:.:.:.:~.:.:.:.:.:.:.:.:~.:.:~., ,_ . . . . . . Il.......YC....I...................... ..A ..,...A..., ,.< . . . . . . . . . . . . . ,_ ,,., ::: : : : ?:>. : : : .~ .,._
7 SECTION 4: That Title 21, Chapter 21.70 of the
8 Carlsbad Municipal Code is amended by the amendment of Section
9 21.70.030 to read as follows:
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@'21.70.030 Oualification as an Applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes author,i?,ed agent. The 9 ~~~~~~~ ~~~~~~~ shall require an applicant to submit proof v........ :: of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application the . . . . . . . .,.~.:,,.~.:~.~,:.~.~.~ VorAY . . . . . . . i..... . . . . . . ..)i... . . . . . . . . . . . . ..n. i....... '...:.A' . . . . . . . . . . . . . . . . 7.. ~~~~~~~~~~~~~~~~ shall obtain the , .I . . . . I 7 . . . . . g.&%.. >A ,.w ..A. ..A. . . . . > . . . . . '.v.'.~>,.:.:.~.~.:.:.:.: Eo""'the sufficiency of the applicant's interest in the real property to enter into the agreement."
17 SECTION 5: That Title 21, Chapter 21.70 of the
18 Carlsbad Municipal Code is amended by the amendment of Section
19 21.70.040 to read as follows:
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"21.70.040 Prouosed Form of Aareement. Each application shall be accompanied by the form of
development agreement proposed by the applicant ~~~~~~~~~~~~~~~
: : : : : : : : : .,:/,.,., ,,,,,:,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
: ..i_ .. ._.. .i . . . . . . . . . . . . .._. n...r . . . . . . . . . ..i. ,:.:.:.:.:.:::::::~:'.,:,:, ):,. . . . . . . . ,_,,__,_,.. r.~.,,.~:,. ,. '.':.+: ::. ......i,.,. :,::,:,:,:~:,:~::~:::::~:::wn: ii :.: .A... :.:.~:.:.:.:.:.:.:.:~.:.:~.:.:~.:.:.:.:.:.....:.:.:~::::::::::: ~,~,)~,~,)....,.,."... ,:.:.:.:~:...~:...,:.:.:.:.:.:...:.:.....:.:.:.:.:.:.:.:.:.:.:.....:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:::::.....:.:.:.: ..:.:.:.
~~~~~i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
j::.:.:.:.:.:.:::::::::::::::::.:.:::::::::::::::::: :,:,: :j '.~.~.~.~,:,f: :...:.:.:.:.:.:::::.~,::::.~:::.~:~:::~~::::::::::::::::::::::~.:.~~ ..,.................,........ '.:.:.:.:.:.:.:.:.:.:.:.:.:.: . ..n. A.. A.. A.. ..r. <.< .,...,..... y .n '.:.:.):.:.):.:.:.:.:.f:.:.:.~~:.~:.:.~~:.:.:.:.:.:.:.:.:...:.:.:.:.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .n. ..n. . . . . . :.:...:.:.:.:.:.:A:.:.:.:*:.:.:.:.:.:.:.:.: ~~~~~~~~~~~~~~~~~~~ The C~~f~'&tiflcil may adopt by"'i%i%'blution ::~.:.:.~:.:.:.~:.:Q:.....:.~.:.:.~:.: .,.,.,..i_.. ":.:.:.:.:.:.:.'.:.:.:.:.:.:.:.....:__,._...i :.:.:.:.:.:.:.:.:.:.:.:.:.......:.:.:.:.:.:.......:. a standard form of development agreement. The applicant may choose to use the standard form and include specific proposals for changes in or additions to the language of the standard form. The proposed agreement shall contain all the elements required by Government Code Section 65865.2 and may include any other provisions permitted by law, including requirements that the applicant provide sufficient security approved by the City Attorney to ensure provision of public facilities.lV
SECTION 6: That Title 21, Chapter 21.70 of the
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Carlsbad Municipal Code is amended by the amendment of Section
21.70.050 to read as follows:
"21.70.050 Review of Application.
inaccurate for processing. If he finds that the application is complete he shall accept it for filing. ( . (b) The &a&&usc pl- ,. : .I ti)....:.*>):p . . . . . . . . . . . . . . $....%..." ,.~~~~;~~~~.r...~.~.~:.~.:.; :~~~~~~~~~~~~~~ shall ~~~~:;.',:,::.','.'.',' ',',',':':'::: : ..,.,. :~.....:.:.:.:.~:.:...:.~: __,. .,.,. _...,.,...,.,.,., .A. ..A. A.. . . . . review the application and proposed agreement and shall prepare a report and recommendation to the Planning Commission on the
City Attorney for review. The City Attorney shall prepare a report and recommendation to the Planning Commission on the agreement. . (d) The &ix&use pl- forward a copy of the application,
SECTION 7: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.060 to read as follows:
"21.70.060 Transmittal to Plannina Commission.
hearing when all the necessary reports and recommendations are completed. Notice of the public hearing shall be given as provided in this chapter. The application for a development agreement may be considered concurrently with other discretionary permits for the project."
SECTION 8: That Title 21, Chapter 21.70 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.70.080, Subsection (b) (7) to read as follows:
"21.70.080 b 7). I_ . . . . . . . . . . . . tw .:.:.: i" ,:~~'...,.... v<.x$. .<.; ;x!x.>7 .! . . . . . . . . . . :...>; ~,.i:~:~~:::~~~,:~~~~:~~.~~~.~:~~~ m&.&:.&‘. &I&%&@@&&‘i ensures provision of public facilities in
a manner consistent with the general plan:"
SECTION 9: That Title 21, Chapter 21.70 of the
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Carlsbad Municipal Code is amended by the addition of .Section
1 21.70.080, Subsection (b) (9) to read as follows:
5 SECTION 10: That Title 21, Chapter 21.70, of the
6 Carlsbad Municipal Code is amended by the amendment of Section
7 21.70.090 to read as follows:
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"21.70.090 ADDroval of DeveloDment Agreements. If the City Council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the mayor to execute the agreement after the effective date of the ordinance on behalf of the City. Before execution, each agreement shall be approved as to form by the City Attorney.
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SECTION 11: That Title 21, Chapter 21.70, of the
Carlsbad Municipal Code is amended by the amendment of Section
II 21.70.100 to read as follows:
"21.70.100 (a) Notice of public hearing required by this chapter shall : .,.,.... be given ~~~~~~~~~~ provided in Section 21.54.060 of this :::::::: ..Y,.....,.....,...,.,.....,............. ,:f:.:.:<.:.:.~.:.:.~.:.:.:.:.:.:.:.:.:.:.:.:.:: code. (b) The notice requirement referred to in subsection (a) is declaratory of existing law (Government Code Sections 65867,
in that manner. (c) The failure of any person to receive notice required by law or these regulations does not affect the authority of the City to enter into a development agreement."
24 SECTION 12: That Title 21, Chapter 21.70 of the
25 Carlsbad Municipal Code is amended by the amendment of Section
26 21.70.140, Subsection (b) to read as follows:
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"21.70.140 tbl. The time for review may be shortened either by agreement between the parties or by initiation in one or more of the
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II following ways: * 1 (l)- Recommendation of the ti . .,.,.,. ~.~ .,.. ).~ ..,.,. .,.,...,.,...,.,...,.,.,.,. ~~~~~~~~~~~~~~~~ .. /.. . . . . . . . . . . . . . . . . . . . . ~.. ..:~.:~~ .:,:.:.: <.&<&+,. ..> :.:.: , 2 xf.2~~&.~61'utlon op intention by the Planning Comission;
(3) Resolution of intention of the City Council."
3 SECTION 13: That Title 21, Chapter 21.70 of the
4 Carlsbad Municipal Code is amended by the amendment of Section
5 21.70.140, Subsection (c) to read as follows:
6 "21.70.140 (c).
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8 Council intends to undertake a periodic review of the development agreement to the property owner. He shall give the notice at 9 least ten days in advance of the time at which the matter will be considered by the Council."
10 EFFECTIVE DATE: This ordinance shall be effective
11 thirty days after its adoption; and the City Clerk shall certify
12 the adoption of this ordinance and cause it to be published at
13 least once in a newspaper of general circulation in the City of
14 Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of I
17 1994, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City
zouncil of the City of Carlsbad on the day of
? 1994 by the following vote, to wit:
AYES:
NOES:
ABSENT:
IPPROVED AS TO FORM AND LEGALITY
XONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
iTTEST:
KETHA L. RAUTENKRANZ, City Clerk
. ExHBn5
PUNNING COMMISSION August 3,1994 PAGE 13
ade by Commissioner Welshons, and d aration issued by the Planning Director,
n and turn around prtvacy in the rear yards.
AYES: Commissioners and Welshons NOES: Chairman Sava ABSTAIN: None
2. ZCA 94-OlILCPA 94-Ol- DEVELOPMENT AGREEMENTS ZONE COOE AMENDMENT - A
request for approval of a Negative Declaration and amendments to the Development Agreements Chapter of the Zoning Code to make the chapter applicable to any project for which a development agreement is proposed: to change all references to Land Use Planning Manager to Planning Director; and to add additional requirements for development agreements. Approval of an amendment to the Local Coastal Program in the form of a zone code amendment is also proposed.
Don Neu, Senior Planner, reviewed the background of the request and stated that this is a request for
approval of a Negative Oeclaration as well as amendments to the Development Agreements Chapter of the
Zoning Code. This would make the chapter applicable to any project for which a develcpment agreement
is proposed. it would also change all references to Land Use Planning Manager in this code chapter to
Planning Director. lt would also add additional requirements for development agreements. A portion of
the application is an amendment to the Local Coastal Program (LCPA) to retain consistency between implementation of the coastal plan and the zoning ordinance. The amendment is proposed, in part, as a
result of the City Council adopted economic development strategy and would allow for the consideration of
development agreements with proposed projects. A development agreement is a contract between a
developer and the City under which the City agrees that a devefoprnent project can proceed under the policies, rules, and regulations in effect at the time the development agreement was entered into. The
importance of this to a developer is that he is able to obtain protection against a subsequently enacted amendment to the general plan, the zoning ordinance, or other land use regulation, whether enacted by the legislative body (City Ccuncil), or by the voters pursuant to an initiative procsss. California Government Code 585885 allows local governments to enter into an agreement with any person having a
legal interest in the real real property. tt alsc requires that iocal governments, upon the request of an
applicant, establish procedures and requirements for the consideration of development agreements upon the filing of an appliin.
Mr. Neu stated that Chapter 21.70 of the Zoning Coda contains provisions for development agreements.
The mmary ob@ctive of this amendment tonight is to change the provisions which restrict the use of that
chapter to projecls providing housing for persons of low to moderate income. lt would basically open up
that chapter so devefcpment agreements could be used for any type of project, ccmmercial, industrial, non-residential as well as residential pro@&. Part of the reason for not retaining the low income provision
in the Development Agreements Chapter is that in the previous year, the Commission and Council did adopt housing ordinances for incfusionary housing and residential density bonus or in-lieu chapters, to utilize an affordable housing agreement for affordable housing projeck Essentlafly, that took the place of
a development agreement for those types of pm@cts. The other revisions pmpcaed in the ordinance
include changing references to Planning Director, adding a provisb which would albw the City to dictate
the form of the development agreement, and adding a provision which would require a fiscal impact
analysis for projects that purport to provide economic benefits to the Cii, with a review and approval
processof that fiil impact analysis by the Finance Director. A new finding has been added concerning
PtANNlNGCCMMlSSlCN August 3.1994 PAGE 14
benefits to the City which could not be attained without a development agreement. This would sssentially
be a finding that needs to be made in order to provide a basis for why the development agreement is necessary and pmide~ a benefit to the City as opposed to having the developer do the project without the agreement. There would be a provision stating mat projects within the coastal zone shall not become effective until an LCP amendment or coastal development permit, whichever is applicable, has been granted by the Coastal Commission. The reason for this is that we wouldn’t want to approve a development agreement and have it become effective if, in fact, the Coastal Commission didn’t agree with the project approval. Finally, it is proposed to update some references to sections of the California Government Code which have changed over time since this section has been in place.
Mr. Neu stated that the corresponding application, along with the zone code amendment, is an LCPA, essentially to the same section as proposed in the zoning ordinance. However, in the coastal zone, it is necessary to get approval of this type of change from the Coastal Commission.
Finally, Mr. Neu stated that the Planning Director has determined that the project would not have a
significant environmental impact and has therefore issued a Negative Declaration on June 16,1994. He stated that me environmental review and me LCPA have been noticed and no comments were received. Therefore, staff recommends approval.
Commissioner Monroy inquired how much of this request is policy and how much is land use. As he understands it, the City Council’s adopted policy was specifiilly for the Carl&ad Ranch. The Carlsbad Ranch and Lego have committed themselves to having public meetings in each quadrant for citizen input. Although the intent is very good, his concern about this proposal is that there are no chec& and balances
and there is a potential for misuse. This could impact me citizens because they would not have an
opportunity to provide input. He believes this change will be very attractive to local developers but unless some conditions are added to require quadrant meetings, or something comparable, he couid not support it.
Commissioner Compas inquired if the developer, once the agreement has been put in place, must do
certain things within certain time periods or the agreement can be cancelled. Mr. Neu replied that this is correct.
Commissioner Welshons believes the justifkation for creating the development agreement document is too
vague. She inquired what this finding will mean to me developer and what does the City expect. She
remembers some time ago when park land was dedicated, the City snded up getting a bt of unusable park
land. Now we will only accept net d-e park land. Mr. Neu replied that the range of possible uses
for a development agreement are so broad that it would depend on the type of project and where it would
be located.
Commissioner Welshons inquired if some recreational examples could be listed, similar to me PO Grdinance. In other words, she would like to see some minimum criteria specified. She realizes that it could vary from pro@t to project. Because it reads ‘any project, she inquired if it means new projects only. Mr. Neu re@ied that it could go concurrently with a new project approval or one that has already
been approved. However, it may be ditfii to structure the agreement if the project has already been approved and there is no flexibility in terms of me thingsthe Cl might seek from the project. Commissioner Weishons thinks it might be preferable to specify only new projects coming into the City.
Commissioner Welshons referred to Section 21.70.140(B) which states mat The time for review may be
shortened either by agreement between the part& or by initiation in one or more of the following ways...“. She inquired if this refers to the initial review for approval or after me agreement has been entered into. Mr. Neu replied that it would be after me agreement has besn entered into. The code currently states that the agreement shall be reviewed on a yearly basis.
PLANNING COMMISSICN August 3,1994 PAGE 15
Commissioner Welshons inquired where it states mat they can bail out or we can bail out. Mr. Neu replied
that this would be contained in me agreement itself. The agreement would contain milestones for
performance and if certain things were not met by the deadlines, there would be a penalty such as voiding
the agreement or some other disincentiie.
Commissioner Welshons inquired where the City is out of compliance with the Government Code. Mr. Neu replied that our code limits the use of development agreements to low and moderate income housing
projects.
Karen Hirata, Deputy City Attorney, commented that she does not feel we are out of compliance with the Government Code. The code states that if someone applies, we must pass an ordinance or resolution identifying a procedure for them to apply. Because we have no procedure for any other type of project; if someone comes in and wants to apply for a development agreement, we would not be able to furnish a procedure on how to apply. It would require a lot of scrambling by staff to throw something together, and the timing would be controlled by someone walking in off the street and requesting it. If the code is
changed so mat it applies to anyone, the procedure is in place and staff is prepared for the request.
Commissioner Welshons inquired if this side steps any of the processes which the City has in place. Ms.
Hirata replied that the government code requires public hearings and it must go to the planning agency as
well as me City Council.
Commissioner Welshons inquired if the agreement can waive parking. Ms. Hirata replied that the
agreement is supposed to set the standards at a point in time. For instance, someone could come forward and define a project. The development agreement would state that this developer would promise to build a specific project if the City will not add any new rules. It is not intended to sidestep any procedures. The legislature passed this law because, during rapid growth periods, many developers with projects in the
design stage would be depending on certain rules. At the last minute, when the project came forward, the
rules would have all changed. Before development agreements were allowed, it was impossible for a city
to freeze any of the requirements. The legislature gave cities a legal avenue to do this. A city is not
required to enter into a development agreement; it is only required to have a procedure in place should a
builder request one be given consideration.
Commissioner Monroy thinks it is an excellent idea to know up front what the costs will be. He is
concerned that we will be tying the hands of future Planning Commission and City Council members. If
there is a concern about some type of mitigation and a developer has an agreement in place, there will be
no way to correct the problem at a later date. He could accept having a process in place if it would include
public hearings and citizen input in medifferent quadrants, like Carfsbad Ranch has agreed to do.
Gary Wayne, Assiitant Pfanning Director, commented that this code change is not being made to accommodate Lego. Many development agreements will be small and focused. Staff has had requests from busin- in the industrial park. He is not sure we would want to open that up to quadrant meetings.
Lego agreed to quadrant meetings. When a development agreement is proposed, we need to be smart enough to look ahead and add requirements which will protect the City.
Commissioner Monroy thinks the agreement may be a good tool and has a bt of potential. He just wants
to make sure we are pro&ted in the future. He would like to know how much of the agreement would be
land use and how much would be policy. Mr. Wayne rsplii that each agreement will be different. This amendment only establishes a procedure to allow us to deal with land use issues.
Commissioner Nielsen stated that he is confused about me attorney’s comment that it will albw us to freeze an ordinance. Ms. Hirata read rrloud the legislation and stated that the development agreement iS
nothing more than a negotiating tool. Mr. Wayne added that fees would not necessarily be included in a
development agreement and, if included, they would not necsssarily be frozen in the agreement.
PLANNING CCMMlSSlCN August 3,1994 PAGE 16
Commissioner Nielsen tends to agree with Commissioner Monroy. He thinks some consideration needs to be given to the public. Michael Holzmiller, Planning Director, replied that a development agreement memorializes two way deals. The City gets a benefit and the developer gets a benefit. Some development agreements will be very narrow and focused, while others may he very comprehensive. if the ordinance is written in general terms, it will albw for more negotiation. Most agreements will not he land use related. Approximately 96% of the agreements will not involve the Planning staff or the Planning Commission.
Commissbher Wekhons requssted staff to explain exactly what the Commission is approving tonight. Mr.
Neu rsplied that the Commission will be approving the amendments to the zone code which will modify existing sections and also add new sections. Commissioner Welshons feels it is confusing to present only portions of the code.
Commissioner Erwin inquired if we are broadening the use of development agreements to include
anything. In the past they were restricted to affordable housing. Mr. Neu replied Yes.
Commissioner Erwin interprets the attorney’s remarks that there is no legal requirement to broaden the use of agreements. It is possible to tailor each agreement for a specific project. Mr. Holzmiller replied that staff receives many requests for development agreements. We need to have a procedure in place to handle the requests. All staff is requesting is a tool to “consider” the development agreement and this requires a change to the zone code. Lego and Fieldstone have both requested development agreements to protect
them against future changes.
Karen Hirata, Deputy City Attorney, commented that the actbn being taken tonight will not broaden the scope of the agreements. The definition of a development agreement is defined by State Law not the City’s
ordinance. Any person can come in and apply for a devebpment agreement as defined in the Government Code. There has to be a procedure in place to consider the request.
Commissioner Noble does not feel this will he more restrictfve.
Chairman Savary opened the public testimony and issued the invftatbn to speak.
Kip McBane, 2691 Crsst Drive, Carlshad, addressed the Commission and stated that Carkbad’s former
City Attorney called development agreements a lawsuit waiting to happen. They tie the hands of future
Commissioners and future Councils. He thinks it is irresponsible to tie future generations and Councils
with a development agreement of any kind. lf we had used development agreements in the past, there would be no growth management, no bwered density, no design review of redevelopment areas, and no
beach overlay zone. Mr. McDane believes that devebpment agreements provide short term gains at a very
high cost. If development agreements are allowed, he suggests they he used to guarantee 66 acres of flower fields, or a similar requirement, so they will not he used on small projects. Cn the surface rnt3y may look innocentbut, in realii, rnq carry a very great cost.
There being no other persons desiring to address the Commission on this topic, Chairman Savary declared
the public testimony cbsed and opened the item for d&us&on among the Commission members.
Commissioner Emin commented that his only experience with devebpment agreements is witft the City of San Marcus. He has had to deal with two agreements. The last one was in the summer of 1990 when the City Council and a group of private busi- people passed through a development agreement approving me construction, with the city as a financial partner, that would process somewhere between one-half
million and a million tons of trash a year. There was nothing in that agreement that said anything about
mat. There was only one small reference to trash. The public wasn’t even aware of what was in the body
of the agreement until December of mat year. He sees devebpment agreementi as an expense to the
public and a benefit to devebpment. He would like to see me code remain in ils present form.
PLANNING COMMISSION August 3,1994 PAGE 17
Commissiiner No#e doesn’t see anything in this resolution which will albw an ordinance to be violated. We cannot wmpare Car&bad to San Marcos.
Commissiiner Erwin is only reluctant because of his experience in San Marcos. He is concerned that
future generations will he stuck with them.
Commissioner Welshons replied that she can support the staff recommendation hecause each
development agreement which is negotiated will be coming back through regular channels.
ACTION: Motion was made by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolution No. 3696 recommending approval of the Negative Declaration
issued by the Planning Director, adopt Planning Commission Resolution No. 3696
recommending approval of ZCA 94-01, based on the findings contained therein, and
adopt Planning Commission Resolution No. 3697, recommending approval of
LCPA -01, hased on the findings contained therein.
VOTE: 5-2
AYES: Chairman Savary, Commissioners Compas, Nielsen, Noble, and Welshons
NOES: Commissioners Erwin and Monroy
ABSTAIN: None
Commissioner Monroy stated, for the record, that he voted No because, although the thoughts behind
these changes may appear on the surtace to &I good, he believes that the risks which accompany the
changes are very high.
ing. Mr. Rudolf stated mat he was looking forward to
ADJOURNMENT:
By proper motion, me Regula 18 p.m. to a ground breaking
at the site of the Hub&-Sea Wo ugust 4,1994 at 8:OO a.m.
Respectfully submitted,
GARY E. WAYNE
,+&ant Planning Director
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRllTEN MINUTES ARE APPROVED. ’
CITY COUNCIL
My questions are offered for the record.
7 FEBRUARY, 1995
I include documents to file with the City Clerk.
My questions refer to:
ZCA94- 01 / LCPA 94 - 01 DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT
To the Mayor and City Council of Carlsbad:
The City of Carlsbad agenda bill states:
VFwo requests for the consideration of a development agreement have been made to staff.l'
What two applicants requested development agreements?
Also:
What penalty does an applicant pay if the applicant fails provide the extraordinary benefits to the city?
Also:
How can development agreements end the Planning Department's $4 million a year deficit?
Thank you,
ROBERT PAYNE
TELEPHONE: 632 -1961
CARLSBAD ENVIRONMENTAL QUALITY ADVOCATES PO BOX 3073 CARLSBAD 92009
3. 8 CT B E?. K
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TO THE EDITOR 8 AUGUST, 1994 CARLSBAD SUN 2841 LOKER AVENUE EAST, CARLSBAD, CALIFORNIA 92009
TO THE EDITOR:
At the Planning Commission meeting of 3 August, Planning Director Michael J. Holzmiller submitted ZCA 94-Ol/LCPA 94-Ol- DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT for Commission approval.
DEVELOPMENT AGREEMENTS would lock in city approval for projects. Forever.
The Staff Report describes a Development Agreement as: I@... a con- tract between a developer and the city under which the city agrees that a development project can proceed under the policies, rules, and regulations in effect at the time the development agreement was entered into. In this way, a developer is able to obtain protection against a subsequently enacted amendment to the general plan, zoning ordinance, or other land use regulation, whether enacted by the legislative body or by the voters through an initiative."
City Staff states that California Government Code Section 65865 requires consideration of development agreements. (I enclose a copy of the code book page.)
However, Staff then distort the scope and intent of Code Section 65865 when they write, "As a result the amended chapter will be in compliance with this requirement of state law."
California law does not require development agreements on anv pro- jects. -
The Amendment as proposed will in fact grant developers rights in perpetuity that are impossible to grant. The future cannot be known. The City Attorney cannot write a development agreement encompassing all possible contingencies. Any changes in city zoning, city law, state law, or federal law will require the City of Carlsbad to pay damages to a developer.
The Amendment as proposed effectively grants developers all demands and then holds Carlsbad liable for any changes. In the past, an agreement like this cost Carlsbad $2 million.
The Planning Commission approved the Amendment. When Planning Director Michael J. Holzmiller presents the Amendment to the City Council, the people of Carlsbad must stop this disastrous change to city law.
ROBERT PAYNE
632 - 1961 (TAPED INFO/MESSAGE LINE)
CARLSBAD ENVIRONMENTAL QUALITY ADVOCATES PO BOX 3073 CARLSBAD 92009
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STATE OF CALIFORNIA County of San Diego
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January 19, 1995
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Notice .of Public Heari&
.--------------_------------------- J . ---------"---"-_ I
NOTICE IS HEREBY GIVEN that the City Cduncil of the Cityof Carfsbad will hold a public hearing at the City lCouncil Chambers, 1200 Carlsbad Village Dr., Carlsbad Californ’ia at 6:00 pm, on Tuesday, February 7,1995, to consider a request for approval of a Negative Declaration and amendments to Chapter 21.70 of the Carlsbad Municipal Code regarding Development Agreements to make the chapter applicable to any project for which a development agreement is proposed; to change all references from “Land Use Planning Manager” to “Planning Director”; and to add additional requirements for development agreements. Approval of an amendment to the Local CoaStal Program in the form of a zone code amendment is also proposed to provide that development agreements for projects within the coastal zone shall not become effective until a local coastal program amendment or a coastal development permit, whichever is applicable, has been granted by the California Coastal Commission, If you have any questions regarding this matter, please call Don Neu in the Planning Department, at (619) 438’1161, ext. 4446. If you challenge the Negative Declaration, Zone Code Amendment, and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior, to the public hearing.
Applicant: City of Carlsbad Legal 41296 January 19,1995
Car/sbad,City Council
NOTICE OF PUBLIC HEARING
ZCA 940l/LCPA 94-1
DEVELOPMENT AGREEMENT ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT
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 6:00 P.M., on Tuesday, February 7, 1995, to consider a request for approval of a Negative Declaration and amendments to Chapter 21.70 of the Carlsbad Municipal Code regarding Development Agreements to make the chapter applicable to any project for which a development agreement ,is proposed; to change all references from "Land Use Planning Manager" to llPlanning Director"; and to add additional requirements for development agreements. Approval of an amendment to the Local Coastal Program in the form of a zone code amendment is also proposed to provide that development agreements for projects within the coastal zone shall not become effective until a local coastal program amendment or a coastal development permit, whichever is applicable, has been granted by the California Coastal Commission.
.If you have any questions regarding this matter, please call Don Neu in the Planning Department, at (619) 438-1161, ext. 4446.
If you challenge the Negative Declaration, Zone Code Amendment, and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior, to the public hearing.
APPLICANT: City of Carlsbad PUBLISH: January 19, 1995 CARLSBAD CITY COUNCIL
ZCA 94-01 /LCPA 94-O I Development
Agreement Zone Code Amendment
LABELS
SAN MARCOS SCHOOL DIST
801 PINE AV 1290 W. SAN MARCOS BLVD
SAN MARCOS CA 92069
LEUCADIA COUNTY WTR DIST VALLECITOS WTR DISTRICT
1960 LA COSTA AV 788 SAN MARCOS BLVD
CARLSBAD CA 92009 SAN MARCOS CA 92069
CITY OF ENCINITAS CITY OF OCEANSIDE
505 S. WLCAN AV 320 N HORNE ST
ENCINITAS CA 92024-3633 OCEANSIDE CA 92054
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
ENCINITAS SCHOOL DIST
101 S RANCH0 SANTA FE RD
ENCINITAS CA 92024
SAN DIEGO COUNTY, Dept.
5201 RUFFIN RD STE "B"
SAN DIEGO CA 92 123
CITY OF CARLSBAD
MUNICIPAL WATER DIST
CITY OF SAN MARCOS
105 W RICHMAR AVE
SAN MARCOS CA 92069
CALIF DEPT OF FISH & GAME ART0 J. NUUTINEN
330 GOLDENSHORE #50 4920 CAMPUS DR
LONG BEACH CA 90802 NEWPORT BEACH CA 92660
1200 Carlsbad Village Drive
Carlsbad. California 92008- 1989
Dr. George W. Mannon,
Superintendent of Schools
Carlsbad Unified School Dist.
801 Pine Ave.
Carlsbad, CA 92008
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 p.m. on Wednesday, August 3, 1994, to consider recommendation of
approval of a Negative Declaration and amendments to the Development Agreements
Chapter of the Zoning Code to make the chapter applicable to any project for which a
development agreement is proposed; to change all references to Land Use Planning
Manager to Planning Director; and to add additional requirements for development
agreements. Approval of an amendment to the Local Coastal Program in the form of a
zone code amendment is also proposed within the City of Carlsbad, County of San Diego,
State of California.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after July 28, 1994. If you
have any questions, please call Don Neu in the Planning Department at (619) 438-l 161,
ext. 4446.
If you challenge the Negative Declaration, Zone Code Amendment and/or Local Coastal
Program Amendment in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: ZCA 94-Ol/LCPA 94-01
CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT
PUBLISH: JULY 22, 1994
CITY OF CARLSBAD
PLANNING COMMISSION
DN:vd
. I -
(Form A)
TO: .CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
ZCA 94-Ol/LFMP 94-01 - Development Agreements Zone Code Amendment
for a public hearing before the City Council.
Please notice the item for the council meeting of
Thank you.
Assistant City Man-
September 13, 1994
Oate
NoTlcEoFwBw:HEARnu6 zcA94=1/lcPA54-1 DEvEloPm-zoNEcoDEAMmMEiuT ANILOCALeOASUUPROGRIIMAMBUDMENT
NOTICE IS HEREBY GIVEN that the City Council of the City 01 Carlsbad will hold a public hearing at the City Council Chambe 1200 Carlsbad Village Dr,, Carlsbad California at 6:0
6 , on Tuesday, February 7,1995, to consider a request for appr val of a Negative Declaration and amendments to Chapter 21.70 of the carlsbad Municipal Code regarding Development Agreements ta
make the chapter applicable to any project for which a development agreement is proposed; to change all references from.Xand Use Planning Manager:: to,=Planning Director?; and ta add additional requirements for development agreements. Approval of an amendment to the Local Coastal Program in the form of a zone code amendment is also proposed to provide thal development agreements for projects within the coastal zone shall not become effective until a local coastal program amendment or a coastal d velopment permit, whichever is applicable, has been granted by 5h e California Coastal Commission. If you have any questions regarding this matter, please call Don
Ueu in the Planning Department, at (619) 438-l 161, ext. 4446.
If you challenge the Negative Declaration, Zone Code
I\mendment, and/or Local Coastal Program Amendment in court,
{ou may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in Nritten correspondence delivered to the City of Carlsbad City zlerl& Office at, or prior, to the public hearing.
%licant: Citv of Carlsbad &al 41296 january 19,1995 Carlsbad Citv Council
THURS legal-3X5-1 -19 susan/MV