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HomeMy WebLinkAbout1995-08-15; City Council; Resolution 95-238e 0 1 2 3 4 5 6 RESOLUTION NO. 95-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAC CALIFORNIA, AUTHORIZING CITY STAFF TO SUBMIT CHAPTER 21.70 01 THE CARLSBAD MUNICIPAL CODE TO THE CALIFORNIA COAST4 COMMISSION TO AMEND THE IMPLEMENTATION PLAN FOR THE CITY'; LOCAL COASTAL PROGRAM. CASE NAME DEVELOPMENT AGREEMENTS LCPA CASE NO: LCPA 94-01 i WHEREAS, California State law requires that the Local Coastal Program, Gene 7 for the Local Coastal Program; 11 Program Amendment providing for the same amendment to be made to the implementa 10 an amendment to Chapter 21.70 of the Carlsbad Municipal Code and approved a Loca: 9 WHEREAS, on February 14, 1995 the City Council adopted ordinance NS-302 a 8 and Zoning Ordinance be in conformance; 12 WHEREAS, the Coastal Commission staff has determined that the original Dev, 13 part of the implementation plan for the City's Local Coastal Program; and 19 dated July 19, 1995 , attached hereto to the California Coastal Commission for approval 1 18 authorizing staff to submit Chapter 21.70 of the Carlsbad Municipal Code as shown on E 17 WHEREAS, the City Council did on the 15th day of August , 1995 16 the remainder of the chapter; 15 and that the Coastal Commission cannot act on the proposed amendments without also ca 14 Agreements Chapter adopted in 1982 was never submitted to the Coastal Commission for 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C 2 1 22 follows: I. That the above recitations are correct. 23 Code to the California Coastal Commission for approval to become part of the imple 24 2. That the City Council authorizes staff to submit Chapter 21.70 of the Carlsbad plan for the City's Local Coastal Program. 25 26 ... 27 28 0.- ... e 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the city Cour 2 to wit: 3 City of Carlsbad, California, on the 15th day of AUGUST , 1995, by the foh 4 5 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall 6 NOES: None 7 ABSENT: None 8 9 ABSTAIN: None 10 11 12 G” 13 ATTEST: 1. 14 ALETm L1erk 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 2 0 0 JULY IY, IYY 21.71 Chapter 21479 DEVELOPMENT AGREEMENTS Sections: 21.70.005 21.70.010 21.70.020 21.70.030 2 1.70.040 21.70.050 21.70.060 21.70.070 2 1.70.080 21.70.090 . 21.70.100 21.70.110 21.70.120 21.70.130 2 1.70.140 21.70.150 21.70.160 21.70.170 21.70.180 21.70.190 Authority for adoption- Applicability. Forms and informatfon. Fees and reimbursements. Qualification as an applicant. Proposed form of agreement. Review of application. Transmittal to planning commission. Planning commission report. Decision by city council. Approval of development agreements. Required notice. Irregularity in proceedings. Amendment and cancellation of agreement by mutual consent. Recordation. Periodic review. Procedure for periodic review. Modification or termination. No damages on termination. No vesting of rights. Reservation of rights, 21.70.005 Authority for adoptiom- Applicability. This chapter is adopted under the authority of Gov- ernment Code Sections 65864 - 65869.5. This chapter shall be applicable to any project for which an applicant requests consideration of a development agreement. (Ord. NS-302 § 1, 1995: Ord. 9643 Q 1 (part), 1982) required under this chapter for the preparatio implementation of development agreements. (b) The planning director may repuire an cant to submit such information and supportin, as the planning director considers necessary t cess the application. (Ord. NS-302 Q 2, 1995 1261 Q 54 (part), 1983; Ord. 9643 Q 1 (part), 21.70.020 Fees and reimbursements. (a) A fee established by city council res( shall be paid by the applicant at the time of the application. (b) Nothing in this chapter shall relieve thc cant from the obligation to pay any other fe city approval, permit or entitlement required Codc. (c) The city may require the applicant tc to pay the city’s costs in negotiating, prepari processing the development agreement, includ fees and expenses of special counsel and an consultants engaged by the city in connectic the development agreement. (Ord. NS-30 1995: Ord. 9643 Q 1 (part), 1982) 21.70.030 Qualification as an applicar Only a qualified applicant may file an app to enter into a development agreement. A q1 applicant is a person who has legal or er interest in the real property which is the su the development agreement. Applicant i authorized agent. The planning director shall an applicant to submit proof of his intere5 real property and of the authority of the age for the applicant. Before processing the apr the planning director shall obtain the opinio city attorney as to the sufficiency of the ap: interest in the real property to enter into th ment. (Ord. NS-302 Q 4, 1995: Ord. 121 (part), 1983; Ord. 9643 4 1 (part), 1982) 21.70.010 Forms and information. 21.70.040 Proposed form of agreeme (a) Except as otherwise provided in this chapter, Each application shall be accompaniec the planning director shall prescribe the form for form of development agreement propose( each application, notice and document provided or applicant unless the city manager, in cor with the planning director and city attome 77 1 (< 2 1.70.0.10 0 0 mines to provide the applicant with the form of a development agreement. The city councd may adopt by resolution a standard form of development agree- ment. 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 ele- ments required by Government Code Section .' 65865.2 and may include any other provisions per- mitted by law, including requirements that the appli- cant provide sufficient security approved by the city attorney to ensure provision of public facilities. (Ord. NS-302 $5, 1995: Ord. 9643 0 1 (part), 1982) 21.70.050 Review of application. (a) The planning director shall review the appli- cation and may reject it if it is incomplete or inaccu- rate for processing. If he fmds that the application is complete, he shall accept it for filing. (b) The planning director shall review the appli- cation and proposed agreement and shall prepare a report and recommendation to the planning commis- sion 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 recornmendation to the planning com- mission 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 commis- sion on the agreement and fiscal impact analysis. (Ord. NS-302 $ 6, 1995: Ord. 1261 $ 54 (part), 1983; Ord. 9643 $ 1 (part), 1982) 21.70.060 Transmittal to planning commission. 'I'IIc I)I;II~IIIII~ cjilocto1- Shi~lI trirnsrnit tllc iIppliCa- tion 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 project. (Ord. NS-302 3 7, 1995: Ord. 1'261 $ 51 (part), 1983; Ord. 9643 $ 1 (part), 1982) 21.70.070 Planning commission report. After a public hearing, the planning commissio shall consider the application and prepare a repom and recommendation for the city council. The repo and recommendation shall include frndings on tk matters stated in Section 21.70.080(b). This rep0 and recommendation shall be forwarded to the ci clerk who shall set the matter for public hearh before the city council. (Ord. 9643 3 1 (part), 198' 21.70.080 Decision by city council. (a) After the city council completes the pub hearing, it may approve, modify or disapprove t development agreement. It may refer matters r previously considered by the planning commissi during its hearing back to the planning commissi for report and recommendation. The planning co mission need not hold a public hearing on matt referred back to it by the city council. (b) The city council shall not approve the dev opment agreement unless it finds that the agreeme (1) Is consistent with the objectives, polic general land uses and programs specified in general plan and any applicable specific plan; (2) Is compatible with the uses authorized in ; the regulations prescribed for the land use distric which the real property is located and all o provisions of Title 21 of this code; (3) Is in conformity with public convenie~ general welfare and good land-use practices; (4) Will not be detrimentaI to the health, sa and general welfare; (5) Will not adversely affect the orderly deve ment of property or the presentation of pro€ values; (6) Is consistent with thc provisions of Gob ment Code Sections 65864 - 65869.5; (7) Where applicable, ensures provision of p facilities in a manner consistent with the ge concurrently with other discretionary permits for thc plan; (Carlsbad 5-99 772 0 0 21.7C (8) When applicable, is consistent with the provi- (9) Will result in the provision of economic, environmental, recreational, cultural or social bene- fits to the city which would not be attainable with- out approval of the agreement. (Ord. NS-302 $$ 8, 9, 1995; Ord. 9643 $ 1 (part), 1982) sions of Title 20 of this code. 21.70.0W 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 agree- ment shall be approved as to form by the city attor- ney. 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. (Ord. NS-302 Q 10, 1995: Ord. 9643 6 1 (part), 1982) 21.70.100 Required notice. (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 subsec- tion (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. (Ord. NS-302 0 11, 1995: Ord. 9643 $ 1 (part), 1982) 21.70.110 Irregularity in proceedings. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or 77 omission as to any matter pertaining to pet application, notice, finding. record, hearing, re recommendation or any matters of procedure I ever, unless after an examination of the entire including the evidence, the court is of the op that the error complained of was prejudicial an( by reason of the error the complaining party tained and suffered substantial injury, and t different result would have been probable i error had not occurred or existed. There is nc sumption that emr is prejudicial or that injur done if error is shown. (ad. 9643 Q 1 (part), 21.70.120 ' Amendment and cancellation agreement by mutual consen! (a) Either party may propose an amendm or cancellation in whole or in part of the del ment agreement previously entered into. The a~ ment or cancellation permitted by this sectior: be by mutual consent of the parties. (b) The procedure for proposing and adopt an amendment to or cancellation in whole or i of the development agreement is the, same i procedure for entering into an agreement in tl instance. However, where the city initiates tk posed amendment to or cancellation in wholc part of the development agreement, it shall fir notice to the property owner of its intention tc ate such proceedings at least thirty days in ac of the giving of public notice of the hear consider the amendment or cancellation. (Ord 0 1 (part), 1982) 21.70.130 Recordation. (a) Within ten days after the city enters ir development agreement, the city clerk shall hi agreement recorded with the county recorde, (b) If the parties to the agreement or their : son in interest amend or cancel the agreen provided in Government Code Section 6586 the city terminates or modifies the agreen provided in Government Code Section 6586 failure of the applicant to comply in good fai the terms or conditions of the agreement, t 3 (Carl * 21.70.130 0 0 clerk shall have notice of such action recorded with the county recorder. (Ord. 9643 § 1 (part), 1982) 22.70.140 Periodic review. (a) The city council shall review the development agreement every twelve months from the date the agreement is entered into. (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 com- (3) Resolution of intention of the city council. (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. (d). The city council may refer the matter to the planning commission for review and recommenda- tion. (Ord. NS-302 $4 12, 13, 1995; Ord. 1261 4 54 (part), 1983; Ord. 9643 0 1 (part), 1982) 21.70.150 Procedure for periodic review. (a) The city council or the planning commission, if the matter has been referred, shall conduct a pub- lic review hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. (b) The city council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and condi- tions of the agreement. (c) If the city council finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period IIII~ICI- rcvicw, 110 otllcr xtioa is ncccssq. (d) If the city council finds and determines on the basis of substantial evidence that the applicant mission; has not complied in good faith with the terms and conditions of the agreement during the period under review, the council may initiate proceedings to modify or terminate the agreement. (Ord. 9643 0 1 (part), 1982) 21.70.160 Modification or termination. (a) If upon a finding under Section 21.70.150(d) the council determines to modify or terminate the agreement, the council shall give notice to the prop- erty owner of its intention so to do. The notice shall state: (1) The tie and place of the hearing; (2) A statement as to whether or not the council proposes to terminate or to modify the development agreement; (3) Other information which the council consid- ers necessary to inform the property owner of the nature of the proceedings. Such notice may be given at the conclusion of the hearing held according to Section 21.70.150. (b) At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The coun- cil may refer the matter back to the planning com- mission for further proceedings or for report and recommendation. The council may impose those conditions to the action it takes as it considers nec- essary to protect the interests of the city. The deci- sion of the city council is final. (Ord. 9643 5 1 (part), 1982) 21.70.170 No damages on termination. In no event shall the applicant or his successors in interest be entitled to any damages against the city upon termination of the agreement. (Ord. 9643 § 1 (Part), 1982) 21.70.180 No vesting of rights. Approval and construction of a portion or phase of a development pursuant to the agreement shall not vest any rights to construct the remainder or any othcr portion of the development nor create any vested rights to the approval thereof if the agree- (Carisbad 5-95) 774 0 0. 21.71 rnent is terminated as provided in this chapter. (ad. 9643 Q 1 (part), 1982) 774- 1 (- a I 21.70.190 Reservation of rights. The city council reserves the right to terminate or modify any development agreement after a public hearing if such termination or modifka- tion is reasonable and necessary to protect the public health, safety or welfare. (Or& 9643 9 1 (part), 1982) 21.7r 775