HomeMy WebLinkAbout1996-06-11; City Council; 13689; Development Agreement RegulationsT ur bAnL3DbUJ - nuEWDA BILL : ncrv nr nanB eenn AnI
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COASTAL COMMISSION MODIFICATIONS TO THE
DEVELOPMENT AGREEMENTS CHAPTER - ZCA 96-03
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. b~‘5-36~~ APPROVING ZCA 96-03.
ITEM EXPLANATION
On April 3, 1996, the Planning Commission conducted a public hearing and
recommended approval (6-O) of the Zone Code Amendment modifying the Development
Agreements Chapter of the Zoning Code. The proposed amendment is a result of two
modifications made to the Development Agreements Chapter by the California Coastal
Commission in their approval of Local Coastal Plan Amendment 94-01. The two
modifications are minor in nature and are shown in a strikeout and bolded version of the
ordinance containing the proposed revisions which is attached to the staff report to the
Planning Commission. Deletions are indicated with a line through the existing text.
Additions are bolded to indicate the new text.
The first modification is an amendment to Section 21.70.080 (b) (1) of the Zoning
Ordinance to include in the finding that a development agreement must be found to be
consistent with the certified local coastal program. The second modification is an
amendment to Section 21.70.090 to delete the text specifying that a development
agreement shall not become effective until a local coastal program amendment or
coastal development permit, which ever is applicable, has been granted by the California
Coastal Commission or its successor in interest. The deleted section is being replaced
with text requiring the City to forward copies of a proposed development agreement to
the California Coastal Commission for review and comment as to the development
agreement’s consistency with the certified local coastal program.
One of the significant results of the revision to Section 21.70.090 is that formal Coastal
Commission approval of a development agreement is not required. The new text
requires the City to give the Coastal Commission an opportunity to review and comment
on the agreement only as to its consistency with the certified local coastal program.
Therefore, the effective date of a development agreement will not be determined based
on a Coastal Commission approval.
r( I ENVIRONMENTAL REVIEW -4 c) i3 8 The Planning Director has determined that the proposed zone code amendment is
exempt from CEQA (California Environmental Quality Act) pursuant to Section 15061 (b)
E
(3) of the Guidelines.
ij FISCAL IMPACT
d There will be no fiscal impact from the adoption of the proposed amendments to Title
3 21 of the Municipal Code.
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PAGE 2 OF AGENDA BILL NO. /3; /08”1
EXHIBITS
1. City Council Ordinance No. flS-..??b 0
2. Planning Commission Resolution No. 3915
3. Planning Commission Staff Report, dated April 3, 1996
4. Excerpts of Planning Commission Minutes, dated April 3, 1996.
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ORDINANCE NO. NS - 3 6 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 21,
CHAPTER 21.70 OF THE CARLSBAD MUNICIPAL CODE
BY AMENDING SECTIONS 21.70.080(b)(l) AND 21.70.090
OF THE DEVELOPMENT AGREEMENTS CHAPTER TO
ACCEPT THE SUGGESTED MODIFICATIONS
APPROVED BY THE CALIFORNIA COASTAL
COMMISSION.
CASENAME: COASTAL COMMISSION
MODIFICATIONS TO THE
DEVELOPMENT AGREEMENTS
CHAPTER
CASE NO.: ZCA 96-03
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 21.70.080(b)(l) to read as follo&:
“21.70.080 (b)(l).
Is consistent with the objectives, policies, general land uses and programs specified
in the general plan, the certified local coastal program and any applicable specific plan;”
SECTION 2: 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:
, “21.70.090.
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 City shall fonvard copies of any
proposed development agreement to the California Coastal Commission for review and
invite comments as to its consistency with the certified local coastal program.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to
be published at least once in a publication 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 held on the day of 9 19-T and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held on
the day of 9 19-Y by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
t
WAL)
-2-
EXHIBIT 2
’ II PLANNING COMMISSION RESOLUTION NO. 3915
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT, AMENDING TITLE 21, CHAPTER 21.70,
OF THE CARLSBAD MUNICIPAL CODE, TO ACCEPT
SUGGESTED MODIFICATIONS TO THE DEVELOPMENT
AGREEMENTS CHAPTER APPROVED BY THE
CALIFORNIA COASTAL COMMISSION.
CASE NAME: COASTAL COMMISSION
MODIFICATIONS TO THE
DEVELOPMENT AGREEMENTS
CHAPTER
CASE NO: ZCA 96-03
WHEREAS, the Planning Commission did on the 3rd day of April, 1996, hold IO
II a duly noticed public hearing as prescribed by law to consider said request; and
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I3 WHEREAS, at said public hearing, upon hearing and considering all testimony
I4 and arguments, if any, of all persons desiring to be heard, said Commission considered all
15 factors relating to the Zone Code Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of Zone Code Amendment, ZCA 96-03, according
to Exhibit “X”, dated April 3, 1996, attached hereto and made a part hereof,
based on the following findings:
Findings:
1. The proposed amendment is required in order to accept suggested modifications
approved by the California Coastal Commission.
The proposed amendment will retain consistency between Title 21 and the
implementation plan for the Local Coastal Program as approved by the California
Coastal Commission.
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the
2 Planning Commission of the City of Carlsbad, California, held on the 3rd day of April, 1996,
3 by the following vote, to wit:
4 AYES: Chairperson Compas, Commissioners Monroy, Nielsen, Noble,
5 Savary and Welshons
6 NOES: None 7 II ABSENT: Commissioner Erwin
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I/ ABSTAIN: None 9
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12 WILLIAM COMPAS, &ah-person
CARLSBAD PLANNiNG CbMMISSION 13
14 ATTEST:
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II ’ Planning Director
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PC REZSO NO. 3915 -2-
EXHIBIT 3
llle cii of cw lldng DQartmt &J A REPORT TO TRE PLANNING COMMISSION
Item No. 4 0
P.C. AGENDA OF: April 3, 1996
Application complete date: February 28, 1996
Project Planner: Don Neu
Project Engineer: Ken Quon I
SUBJECT: ZCA 96-03 - COASTAL COMMISSION MODIFICATIONS TO THE
DEVELOPMENT AGREEMENTS CHAPTER - A request for approval of
amendments to the Development Agreements Chapter of the Zoning Code
to accept suggested modifications made by the California Coastal Commission.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3915
recommending APPROVAL of ZCA 96-03 based on the findings contained therein.
II. INTRODUCTION
The California Coastal Commission made two modifications to the Development
Agreements Zone Code Amendment in their action to approve the Local Coastal Plan
Amendment for Zone Code Amendment 94-01. The two modifications are minor in nature
and include a revision to one of the required findings and a requirement that for projects
located within the coastal zone that the City forward copies of any proposed development
agre,ement to the California Coastal Commission for review and comment as to the
agreement’s consistency with the certified local coastal program.
III. PROJECT DESCRIPTION AND BACKGROUND
Zone Code Amendment 94-01 and Local Coastal Program Amendment 94-01 made the
Development Agreements Chapter of the Zoning Code applicable to any project for which
a development agreement is proposed, changed all references to Land Use Planning
Manager to Planning Director and added additional requirements for development
agreements. On August 3, 1994 the Planning Commission recommended approval of Zone Code Amendment 94-01 and Local Coastal Plan Amendment 94-01. The City Council
approved the zone code amendment and local coastal program amendment on February 7,
1995.
A local coastal program amendment application was submitted to the California Coastal
Commission. On October 10, 1995 the Coastal Commission approved the Local Coastal
Program Amendment with two suggested modifications. Since the modifications are to the
Zoning Ordinance a Zone Code Amendment is being processed to enable the City to accept
ZCA 96-03 - COASTAL &MMISSION MODIFICATIONS
APRIL 3, 1996
PAGE 2
the Coastal Commission’s suggested modifications by incorporating them into the ordinance.
Attached to the staff report 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.
Iv. ANALYSIS
Suggested modifications approved by the California Coastal Commission which necessitate
this zone code amendment address two items. The first modification is an amendment to
Section 21.70.080 (b) (1) of the Zoning Ordinance to include in the finding that a
development agreement must be found to be consistent with the certified local coastal
program. The second modification is an amendment to Section 21.70.090 to delete the text
specifying that a development agreement shall not become effective until a local coastal
program amendment or coastal development permit, which ever is applicable, has been
granted by the California Coastal Commission or its successor in interest. The deleted
section is being replaced with text requiring the City to forward copies of a proposed
development agreement to the California Coastal Commission for review and comment as
to the development agreement’s consistency with the certified local coastal program.
Both are minor modifications which staff is requesting that the Planning Commission
recommend approval to the City Council.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the proposed zone code amendment is exempt
from CEQA (California Environmental Quality Act) pursuant to Section 15061(b)(3) of the
Guidelines.
ATTACHMENTS:
1. Planning Commission Resolution No. 3915
2. Exhibit “A”, dated April 3, 1996 - Strikeout and Shaded Ordinance Version
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h Exhibit "A"
April 3, 1996
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
BY AMENDING SECTIONS 21.70.080(b)(l) AND 21.70.090
OF THE DEVELOPMENT AGREEMENTS CHAPTER TO
ACCEPT THE SUGGESTED MODIFICATIONS
APPROVED BY THE CALIFORNIA COASTAL
COMMISSION.
CASENAME: COASTAL COMMISSION
MODIFICATIONS TO THE
DEVELOPMENT AGREEMENTS
CHAPTER
CASE NO.: ZCA 96-03
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 21.70.080(b)(l) to read as follows:
"21.70.080 (b)(l).
Is consistent with the objectives, policies, general land uses and programs specified
in the general plan, the certified local coastal program and any applicable specific plan;”
SECTION 2: 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:
"21.70.090.
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, \
copies of any proposed development agreement
to the California Coastal Commission for review and invite comments as to its consistency
with the certified local coastal program.
. . . .
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to
be published at least once in a publication 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 held on the day of 9 19-p and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held on
the day of
AYES:
NOES:
ABSENT:
ABSTAIN:
7 19-3 by the following vote, to wit:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRAN Z, City Clerk
(SEAL)
-2-
,
.-
PLANNING COMMISSION April 3,1996
EXHIBIT 4
Page 11
4. ZCA 96-03 - COASTAL COMMISSION MODIFICATIONS TO THE DEVELOPMENT
AGREEMENTS CHAPTER - a request for approval of amendments to the Development
Agreements Chapter of the Zoning Code to accept suggested modifications made by the
California Coastal Commission.
Chairman Compas announced to the applicant and public that this item, if approved, will be
forwarded to the City Council for their consideration,
Don Neu, Senior Planner, reviewed the background of the request and stated that this proposed zone code
amendment is a result of two modifications which were made by the California Coastal Commission in their
consideration of the City’s previously submitted zone code amendment and local coastal plan amendment
for the development agreements chapter considered by the Planning Commission about a year ago. The
two modifications are minor in nature and include a revision to one of the required findings and a
requirement that for projects located within the coastal zone that the City forward copies of any proposed
development agreement to the California Coastal Commission for review and comment as to the
agreement’s consistency with the certified local coastal program. Staff can accept the changes and
recommends approval.
Chairman Compas opened the public testimony and issued the invitation to speak.
There being no persons desiring to address the Commission on this topic, Chairman Compas declared the
public testimony closed and opened the item for discussion among the Commission members.
ACTION: Motion by Commissioner Nielsen, and duly seconded, to adopt Planning Commission Resolution No. 3915 recommending approval of ZCA 96-03 based on the findings contained therein. VOTE: 0-0 AYES: Compas, Monroy, Nielsen, Noble, Savary, Welshons NOES: None ABSTAIN: None
MINUTES
//
PROOF OF PUE - :ATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entiied matter. I am the principal clerk of the printer of
North County Times Proof of Publication of
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
June 1, 1996
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at California, this 3rd day
of June, 1996
NORTH COUNTY TIMES
Legal Advertising
This spat .j for the County Clerk’s Filing Stamp
Notice of Public Heairng --------L---------------w-
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PROOF OF PUE :ATION
(2010 88 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
North County Times Proof of Publication of
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
June 1, 1996
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at California, this
of June, 1996
3rd
NORTH COUNTY TIMES
Legal Advertising
This spat .j for the County Clerk’s Filing Stamp
Notice of Public Heairng
--------A---- -------------
JVOTICE OF PUBLIC HE.iRING
ZCA COASTAL COMMISSION MODIFICATIONi TO
DEVELOPMENT AGREEMENT REGULATIONS
NOTICE IS HEREBY GIVBN 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, June 11, 1996, to consider approval of amendments to Title
21 of the Carlsbad Municipal Code, Chapter 21.70, by the amendment
of Sections 21.70.080(b) (I), and 21.70.090 regarding Development
Agreements, to accept the suggested modifications approved by the
California Coastal Commission.
If you have any questions regarding this matter, please call Don Neu,
in the Planning Department at (619) 438- 116 1, extension 4446.
If you challenge the Zone Code 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 Offtce at, or prior to, the public hearing.
APPLICANT: City of Carlsbad
CARLSBAD CITY COUNCIL
,
.I n
.^..
0 .I~ ,
NOTICE OF PUBLIC HEARING
ZCA 96-3
COASTAL COMMISSION MODIFICATIONS TO DEVEXOPMEiNT AGREEMENT REGULATIONS
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, June 11, 1996, to consider approval of amendments to Title 21 of the Carlsbad Municipal Code, Chapter 21.70, by the amendment of Sections 21.70.080(b) (11, and 21.70.090 regarding Development Agreements, to accept the suggested modifications approved 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, extension 4446.
If you challenge the Zone Code 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: June 1, 1996 CARLSBAD CITY COUNCIL
(Form A)
TO: CIT,Y CLERK’S OFFICE
FROH: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
ZCA 96-03 - Coastal Commission Modifications to the Development AGreements Chapter
for a public hearing before the City Council.
Please notice the item for the council meeting of
.
Thank you.
3
May s , 1996
Date
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, 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, April 3, 1996, to consider a request for approval of amendments to the
Development Agreements Chapter of the Carlsbad Municipal Code and to accept
suggested modifications made by the California Coastal Commission.
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 March 28, 1996. If you
have any questions, please call Don Neu in the Planning Department at (619) 438-l 161,
ext. 4446.
The time within which you may judicially challenge this Zone Code Amendment, if
approved, is established by state law and/or city ordinance, and is very short. If you
challenge the Zone Code 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:
CASE NAME:
PUBLISH:
ZCA 96-03
COASTAL COMMISSION MODIFICATIONS TO THE DEVELOPMENT
AGREEMENTS CHAPTER
MARCH 20, 1996
CITY OF CARLSBAD
PLANNING COMMISSION
2075 Las Palmas Dr. - Carlsbad, CA 92009-I 576 l (619) 438-l 1610 FAX (619) 438-0894 @
-/ -4 I
LABELS FOR CITY CLERK I CHAPTER
ZCA96-03-COASTALCOMMISSION I
MODIFICATIONS TO THE
DEVELOPMENT AGREEMTS
DR. GEORGE W MANNON
CARLSBAD UNIF SCHOOL DIST I 801 PINE AVENUE
CARLSBAD CA 92008
ENCINITAS UNION SCHOOL DIST SAN DIEGUITO SCHOOL DIST
101 SO RANCH0 SANTA FE 701 ENCINITAS BLVD
ENCINITAS CA 92024 ENCINITAS CA 92024
VALLECITOS WATER DIST SAN DIEGO COUNTY PLANNING
788 SAN MARCOS BLVD STE B
SAN MARCOS CA 92069 5201 RUFFIN RD
SAN DIEGO CA 92123
CITY OF CARLSBAD
PLANNING DEPARTMENT
DON NEU
CITY OF ENCINITAS CITY OF SAN MARCOS
505 S VULCAN AVE 1 CIVIC CENTER DR
ENCINITAS CA 92024 SAN MARCOS CA 92069-2949
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
CALIF DEPT OF FISH & GAME CARLTAS COMPANY # 50 BlOO 330 GOLDENSHORE 5600 AVENIDA ENCINAS LONG BEACH CA 90802 CARLSBAD CA 92008
SAN MARCOS SCHOOL DIST
1 CIVIC CENTER DR
SAN MARCOS CA 92069
LEUCADIA COUNTY WATER DIST 1960 LA COSTA AVE
CARLSBAD CA 92009
CITY OF OCEANSIDE
300 NO COAST HWY
OCEANSIDE CA 92054