HomeMy WebLinkAbout1995-02-14; City Council; 13035; Development Agreement Zone Code AmendmentsCIW OF CARLSBAD - AGENV BILL /$ I;‘? 0 7
46 # /3;035 TITLE:
UlTG. 2/u/95 ADOPTION OF ORDINANCE NO. NS-302 -
IEPT. CLK DEVELOPMENT AGREEMENT ZONE CODE AND LOCAL COASTAL PROGRAM AMENDMENTS
~ECOMIUENDED ACTION:
DEPT. HD. &&
CITY ATTY
CITY MGR.
Adopt Ordinance No. NS-302, 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.
ITEM EXPLANATION
Ordinance No. NS-302 was introduced and first read at the regular City Council meeting of February 7, 1995. The second reading allows Council to adopt the ordinance which would then become effective in sixty days. The City Clerk will have the ordinance published within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,015 on file with the City Clerk.
1. Ordinance No. NS-302.
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I - A
ORDINANCE NO. NS-302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAR&BAD, 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
i 21.70.005 to read as follows:
"21.70.005 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:
1g21.70.010 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.
lb) The Planning Director may require an applicant to submit such information and supporting data as the planning director considers necessary to process the application.ll
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:
1121.70.020 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
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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:
1121.70.030 Oualification as an Apnlicant.
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:
1@21.70.040 Pronosed Form of Agreement. 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."
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:
1@21.70.050 Review of Application. (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.11
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:
1121.70.060 Transmittal to Planning 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, Subsection (b) (9) to read as follows:
"21.70.080 (b) (91. 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 Approval of Development 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. 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:
(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.lV
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.ll
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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
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 14th day of FEBRUARY ,
1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
M.J &L
RONALD k.Z‘BALL,
ATTEST:
ALETHA L. RAUTENKRANZ, City Cle&
(Seal)
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