(a)
It is the policy of the city to:
(1)
Provide quality housing opportunities for all economic sectors of
the community;
(2)
Provide a balanced community with adequate commercial, industrial,
recreational and open space areas to support the residential areas
of the city;
(3)
To implement the provisions of Proposition E adopted by the citizens
of Carlsbad on November 4, 1986, to require that public facilities
and improvements meeting city standards are available concurrently
with the need created by new developments and to limit the number
of residential dwelling units which can be approved or constructed
in the city;
(4)
Balance the housing needs of the region against the public service
needs of Carlsbad residents and available fiscal and environmental
resources;
(5)
Encourage infill development in urbanized areas before allowing extensions
of public facilities and improvements to areas which have yet to be
urbanized;
(6)
Ensure that all development is consistent with the Carlsbad general
plan;
(7)
Prevent growth unless adequate public facilities and improvements
are provided in a phased and logical fashion as required by the general
plan;
(8)
Control of the timing and location of development by tying the pace
of development to the provision of public facilities and improvements
at the times established by the city-wide facilities and improvements
plan.
(b)
The City Council of the city has determined despite previous City
Council actions, including, but not limited to, amendments to the
land use, housing, and parks and recreation elements of the general
plan, amendments to City Council Policy No. 17, adoption of traffic
impact fees, and modification of park dedication and improvement requirements,
that the demand for facilities and improvements has outpaced the supply
resulting in shortages in public facilities and improvements, including,
but not limited to, streets, parks, open space, schools, libraries,
drainage facilities and general governmental facilities. The City
Council has further determined that these shortages are detrimental
to the public health, safety and welfare of the citizens of Carlsbad.
(c)
This chapter is adopted to ensure the implementation of the policies stated in subsection (a), to eliminate the shortages identified in subsection (b), to ensure that no development occurs without providing for adequate facilities and improvements, to regulate the pace of development thereby ensuring a continued supply of housing over a period of years and to continue the quality of life for all economic sectors of the Carlsbad community.
(d)
This chapter will further the policies, goals and objectives established
herein by requiring identification of all public facilities and improvements
required for development, by prohibiting development until adequate
provisions for the public facilities and improvements are made by
developers of projects within the city, and by giving development
priority to areas of the city where public facilities and improvements
are already in place (infill areas).
(e)
This chapter replaces the temporary moratorium on processing and
approval of development projects imposed by City Council Ordinance
No. 9791.
(Ord. 9808 § 1, 1986; Ord. 9829 § 1, 1987)
(a)
"City-wide facilities and improvements plan"
"Development"
"Development permit"
"Facilities"
"Improvement"
"Local facilities management plan"
Whenever the following terms are used in this chapter they shall
have the meaning established by this section unless from the context
it is apparent that another meaning is intended:
means a plan prepared and approved according to Section 21.90.090 identifying those facilities and improvements required on a city-wide basis to serve the projected population of the city as established by the general plan and providing an outline and budget for financing certain facilities and improvements which will be provided by the city.
means any use to which land is put, building or other alteration
of land and construction incident thereto.
means any permit, entitlement or approval, whether discretionary
or ministerial, issued under Titles 20 or 21 of this code and any
legislative actions such as zone changes, general plan amendments,
or master plan approval or amendment.
means any schools, parks, open space, or recreational areas
or structures providing for fire, library, or governmental services,
identified in a facilities management plan.
includes traffic controls, streets and highways, including
curbs, gutters and sidewalks, bridges, overcrossings, street interchanges,
flood control or stormdrain facilities, sewer facilities, water facilities
and lighting facilities.
(Ord. 9808 § 1, 1986)
(a)
Unless exempted by the provisions of this chapter, no application
for any building permit or development permit shall be accepted, processed
or approved until a city-wide facilities and improvements plan has
been adopted and a local facilities management plan for the applicable
local facilities management zone has been submitted and approved according
to this chapter.
(b)
No zone change, general plan amendment, master plan amendment or
specific plan amendment which would increase the residential density
or development intensity established by the general plan in effect
on the effective date of this chapter shall be approved unless an
amendment to the citywide facilities management plan and the applicable
local facilities management plan has first been approved.
(c)
The classes of projects or permits listed in this subsection shall be exempt from the provisions of subsection (a). Development permits and building permits for these projects shall be subject to any fees established pursuant to the city-wide facilities and improvement plan and any applicable local facilities management plan.
(1)
Redevelopment projects;
(2)
Projects consisting of the construction or alteration of a single
dwelling structure for a family on a lot owned by the family intending
to occupy the structure, or not to exceed one nonowner-occupied house
per individual for one or more lots owned prior to July 20, 1986;
(3)
Building permits and final maps for projects identified in Section
2(F) of Ordinance No. 9791 (projects for which construction had commenced
and were designated on the map marked Exhibit A to Ordinance No. 9791
"as developing");
(4)
Building permits for projects for which all required development
permits were issued or approved on or before January 21, 1986. If
all required development permits were issued for a portion of the
project only, the exemption shall apply to that portion;
(5)
Building permits for projects for which all required development
permits were issued or approved before July 20, 1986, and for which
building permits could have been issued under Ordinance No. 9791.
If all required development permits were issued for a portion of the
project only, the exemption shall apply to that portion;
(6)
Commercial and industrial projects with approved development permits
or with a complete application on file with the city prior to June
11, 1986, for such permits. New permits for commercial and industrial
projects located within an area that has been previously approved
for such uses may also be processed and approved;
(7)
Projects by nonprofit entities for structures and uses for youth
recreational, educational or guidance programs such as boys and girls
clubs or private schools;
(8)
Zone changes or general plan amendments necessary to accomplish consistency
between the general plan and zoning, to implement the provisions of
the local coastal plan or which the City Council finds will not increase
the public facilities or services and which are initiated by the City
Council or Planning Commission;
(9)
Public utility facilities and improvement projects without accommodations
for permanent employees are exempt from the provisions of this chapter
unless the City Council determines they are of sufficient size and
scale to impact public facilities;
(10)
Adjustment plans;
(11)
Development permits for minor subdivisions located in the northwest
quadrant of the city as defined in Ordinance No. 9791. Building permits
for commercial or industrial construction on lots in such subdivisions
may be approved. Residential building permits will not be approved
for lots in such subdivisions unless otherwise exempt under this chapter
except one permit for a nonowner-occupied lot may be approved for
each such subdivision;
(12)
The conversion of existing mobile home parks to condominiums or similar
forms of ownership whereby the mobile home park will remain substantially
the same in appearance following such conversion;
(13)
Master plans or general plan amendments in connection with master
plans which do not increase the residential density or the overall
development intensity or facility needs established by the existing
general plan provided a local facilities management plan must be prepared,
processed and approved concurrently with the master plan.
(d)
The provisions of this subsection apply to final maps and other development permits for projects with a tentative map approved July 20, 1986, which are not included in the exemptions listed in subsection (c).
(1)
If a tentative map or tentative parcel map was approved on or before
January 21, 1986, then, after approval of the city-wide facilities
plan, a final map or parcel map may be processed and approved before
the adoption of a local facility management plan. The expiration period
for those tentative maps shall be tolled until the city-wide plan
is adopted. The expiration of any development permits issued in conjunction
with those maps shall be tolled until the applicable local facilities
management plan is approved or, two years after the date the city-wide
plan is approved, whichever occurs first.
(2)
If a tentative map or tentative parcel map was approved after January
21, 1986, and before July 20, 1986, but the approval of final map
or parcel map was prohibited by Ordinance No. 9791, then approval
of final maps and parcel maps is prohibited until after preparation
of the applicable local facilities management plan. The expiration
period of those tentative maps and tentative parcel maps, and any
other development permits issued in conjunction with the maps shall
be tolled until the local facilities management plan is approved,
or two years after the date the city-wide facilities and improvements
plan is approved, whichever occurs first.
(e)
The exemption for projects listed in subsection (c)(3), (4), (5), and (6) shall expire on July 20, 1988. After that date all development permits for those projects shall be fully subject to the provisions of this chapter. The exemptions for projects listed in subsection (c)(3), (4), (5), and (6) shall apply only so long as the facilities and improvements required as a condition to the issuance of final development permits have been installed or are being installed pursuant to a secured agreement. Any breach of such secured improvement agreement shall subject any remaining building permits for the project to the provisions of subsection (a).
(f)
Final or parcel maps for projects listed in subsection (c)(3), (4), (5), (6) and (7) which comply with all the requirements of the Subdivision Map Act and Title 20 of this code which were filed with the city before July 20, 1986, may be approved by the City Council, or City Engineer as appropriate, after July 20, 1986. Upon approval, those projects shall be subject to the exemption of subsection (c).
(g)
The City Council may authorize the processing of and decision making
on building permits and development permits for a project with a master
plan approved before July 20, 1986, subject to the following restrictions:
(1)
The City Council finds that the facilities and improvements required
by the master plan are sufficient to meet the needs created by the
project and that the master plan developer has agreed to install those
facilities and improvements to the satisfaction of the City Council.
(2)
The master plan developer shall agree in writing that all facilities
and improvement requirements, including, but not limited to, the payment
of fees established by the city-wide facilities and management plan
and the applicable local facilities management plan shall be applicable
to development within the master plan area and that the master plan
developer shall comply with those plans.
(3)
The master plan establishes an educational park and all uses within
the park comprise an integral part of the educational facility.
(4)
Building permits for the one hundred twenty-nine unit residential
portion of Phase I of the project may be approved provided the applicant
has provided written evidence that an educational entity will occupy
Phase I of the project which the City Council finds is satisfactory
and consistent with the goals and intent of the approved master plan.
(5)
Prior to the approval of the final map for Phase I the master plan
developer shall have agreed to participate in the restoration of a
significant lagoon and wetland resource area and made any dedications
of property necessary to accomplish the restoration.
(h)
After making the findings in paragraph (1) the City Council may authorize
the processing of and decisionmaking on master plans subject to the
requirements of paragraph (2). After the grant of the easement required
by subparagraph (h)(2)(iv) the tentative map for Phase I of the project,
the site plan for the commercial development and the local coastal
plan amendment may also be processed and approved. If such approvals
are granted and, subject to all other provisions of this code, grading
and building permits for construction of the golf course and first
phase of the commercial portions of the project may be processed and
approved.
The processing and approval of all other developments and building
permits within the master plan shall not occur until after the city-wide
facilities plan and the local facilities management plan have been
adopted by the City Council.
(1)
(i)
That the master plan will provide all necessary public facilities
for the project and will cure any facilities deficits in the area
affected by the project;
(ii)
That the approval will not prejudice the preparation of the
city-wide facilities plan and will improve the level of public facilities
and services in the area;
(iii)
That by the dedication of land and the construction of public
improvements the project will make a significant contribution to the
public facilities needs of the city and provide for the preservation
or enhancement of significant environmental resources.
(2)
(ii)
The applicant shall agree in writing that all facilities and
improvement requirements, including, but not limited to, the payment
of fees established by the citywide facilities and improvement plan
and the applicable local facilities management plan shall be applicable
to development within the master plan area and that the master plan
developer shall comply with those requirements;
(iii)
The master plan applicant shall agree to participate in the
restoration of a significant lagoon and wetland resource area;
(iv)
Prior to any processing on the master plan the applicant shall
grant an easement over the property necessary for the lagoon restoration
and the right-of-way necessary for the widening of La Coasta Avenue
and its intersection with El Camino Real.
(Ord. 9808 § 1, 1986; Ord. 9837 § 1, 1987; Ord. NS-63 § 1, 1989)
After approval of the city-wide facilities and improvement plan
and the applicable local facilities management plan, applications
for development permits which were accepted as complete before the
effective date of this chapter shall have processing priority in relationship
to the acceptance date. Until the approval of the plans all applicable
time limits for processing the development permits shall be tolled.
(Ord. 9808 § 1, 1986)
If a discretionary development permit, other than a development
permit issued in conjunction with a subdivision map, issued prior
to July 20, 1986, has an expiration period within which building permits
must be issued and the issuance of building permits for the project
is prohibited by this chapter then the expiration period shall be
tolled until the applicable local facilities management plan is approved,
or two years after the date the citywide plan is approved, whichever
occurs first.
(Ord. 9808 § 1, 1986)
After approval of an applicable local facilities management
plan an extension of the expiration date of any development permit
shall not be granted unless the extension is found to be consistent
with the plan. The decisionmaking body considering an extension may
condition the extension upon compliance with the city-wide plan and
applicable local facilities management plan.
(Ord. 9808 § 1, 1986)
(a)
No development permit shall be approved unless the approving authority
finds that the permit is consistent with the city-wide facilities
and improvements plan and the applicable local facilities management
plan. To ensure consistency the approving authority may impose any
condition to the approval necessary to implement the plans.
(b)
No building permit shall be issued unless the fees required by this chapter, and any applicable local facilities management plan fees are first paid, and the permit is consistent with the applicable local facilities management plan. As a condition to the issuance of any building permit pursuant to Section 21.90.030(C) the applicant shall agree to pay the appropriate fees within thirty days of the date each fee is established.
(c)
The requirements of this chapter are imposed as a condition of zoning
on the property to ensure implementation of and consistency with the
general plan and to protect the public health, safety and welfare
by ensuring that public facilities and improvements will be installed
to serve new development prior to or concurrently with need.
(Ord. 9808 § 1, 1986)
In order to ensure that residential development does not exceed
those limits established in the general plan, the following growth
management control points are established for the residential density
ranges of the land use element.
|
Allowed Dwelling Units Per Acre
| |
|---|---|
|
General Plan Density Ranges
|
Growth Management Control Point
|
|
RL 0—1.5
|
1.0
|
|
RLM 0—4.0
|
3.2
|
|
RM 4.0—8.0
|
6.0
|
|
RMH 8.0—15.0
|
11.5
|
|
RH 15.0—23.0
|
19.0
|
|
R-30 23.0—30.0
|
25.0
|
No residential development permit shall be approved which density
exceeds the growth management control point for the applicable density
range unless the following findings are made:
1.
The
project will provide sufficient additional public facilities for the
density in excess of the control point to ensure that the adequacy
of the city's public facilities plans will not be adversely impacted;
and
2.
There
have been sufficient developments approved in the quadrant at densities
below the control point to cover the units in the project above the
control point so that approval will not result in exceeding the quadrant
limit; and
3.
All
necessary public facilities required by this chapter will be constructed
or are guaranteed to be constructed concurrently with the need for
them created by this development and in compliance with the adopted
city standards.
|
For the purposes of this section the term "quadrant" means those
quadrants established by the intersections of El Camino Real and Palomar
Airport Road as set forth in the map amending the General Plan and
as required by Proposition E adopted November 4, 1986.
|
(Ord. 9829 § 2, 1987; Ord. CS-206 § II, 2013)
(a)
A local facilities management fee is established to pay for improvements
or facilities identified in a local facilities management plan which
are related to new development within the zone and are not otherwise
financed by any other fee, charge or tax on development, or are not
installed by a developer as a condition of a building permit or development
permit. The fee may also be used to pay for that portion of the facilities
or improvements identified in the city-wide facilities and improvements
plan attributed to development within the local zone which are not
financed by other means. The facilities management fee shall be paid
before the issuance of a building permit. The amount of the fee shall
be determined based upon the estimated cost of the facility or improvement
designated as necessary to accommodate additional development within
the applicable local facilities management zone plus the estimated
cost of facilities and improvements identified in the city-wide facilities
and improvement plan attributable to the local zone. The fee shall
be fairly apportioned among the new development.
(b)
The fee required by this section is in addition to any other means
of financing facilities or improvements identified by a local facilities
management plan or any other tax, fee, charge or improvement requirement
which may be imposed on the development of property under the provisions
of state law, this code or City Council policy.
(c)
The amount of the fee for a local facilities management zone shall
be set by City Council resolution after a public hearing, published
notice of which shall be given according to Section 21.54.060.A.2
and Government Code Section 54992.
(d)
As a condition of any building or development permit application
submitted after the effective date of this chapter the applicant shall
agree to pay the fee established by this section at the time a building
permit is issued.
(e)
The fee established by this section shall be levied at the time of
issuance of a building permit.
(Ord. 9808 § 1, 1986; Ord. CS-178 § CXXV, 2012)
Applicants for projects for which building permits were issued after January 21, 1986, and before July 20, 1986, shall pay the fee established by Section 21.90.050 within thirty days after the amount of the fee is determined by the City Council. Payment shall be made according to the agreement executed by the applicant pursuant to Section 3 of Ordinance No. 9791.
(Ord. 9808 § 1, 1986)
(a)
The City Council declares that payment of the fee established and imposed by Sections 21.90.050 and 21.90.060 and installation of the facilities and improvements identified in a facilities management plan are necessary to achieve the policies established in Section 21.90.010 and to implement the city's general plan. If the fees are not paid or the facilities or improvements are not installed the public health, safety and welfare will suffer because there will be insufficient facilities and improvements to accommodate any new development. This finding is based upon City Council Policy No. 17, City Council Ordinance No. 9791, and the evidence presented at the public hearings on the ordinance adopting this chapter.
(b)
If any condition imposed as a condition of a development permit or
building permit pursuant to this chapter is protested then the permit
shall be suspended during the period of the protest.
(c)
This section is adopted pursuant to Government Code Section 65913.5.
(Ord. 9808 § 1, 1986)
The City Council shall adopt general performance standards for each facility or improvement listed in Section 21.90.090(b) or 21.90.110(c). Specific performance standards for city-wide facilities shall be adopted as part of the city-wide facilities and improvement plan. Specific performance standards for each zone shall be adopted as part of the local facilities management plan. If at any time after preparation of a local facilities management plan the performance standards established by a plan are not met then no development permits or building permits shall be issued within the local zone until the performance standard is met or arrangements satisfactory to the City Council guaranteeing the facilities and improvements have been made.
(Ord. 9808 § 1, 1986)
(a)
To implement the city's general plan by securing provision of facilities
and improvements, and to ensure that development does not occur unless
facilities and improvements are available, the City Council shall
adopt by resolution a city-wide facilities and improvements plan.
The plan shall: Identify all facilities and improvements necessary
to accommodate the land uses specified in the general plan and by
the zoning; specify size, capacity and service level performance standards
for the identified facilities and improvements; establish specific
time tables for acquisition, installation and operation of the facilities
and improvements correlated to projected population growth, facility
and improvement performance standards, and projected nonresidential
development; identify the financing method or methods for each facility
and improvement; and establish a facility and improvement budget for
those facilities or improvements which will be constructed or financed
by the city. The plan shall encourage infill development and reduce
the growth-inducing impact of premature extension of facilities or
improvements to undeveloped areas by establishing priorities for facility
and improvement installation or financing.
(b)
The city-wide facilities and improvement plan shall show how and when the following facilities and improvements will be installed or financed as specified in subsection (c):
(1)
Major sewage transmission systems and sewage treatment plants;
(2)
Major water transmission lines;
(3)
Major area-wide drainage facilities;
(4)
Prime and major arterials; freeway interchanges, bridges or overcrossings;
(5)
Fire facilities;
(6)
Governmental administration facilities;
(7)
Parks and other recreational facilities;
(8)
Libraries.
(c)
The plan shall include the following information with regard to each facility and improvement listed in subsection (b):
(1)
An inventory of present and future requirements for each facility
and improvement based upon the performance standard established for
each facility and improvement. Cost estimates shall be included. The
inventory shall be consistent with the general plan and zoning for
the area;
(2)
A phasing schedule establishing the timing for installation or provisions
of facilities or improvements in relationship to the amount of development
activity (e.g. number of dwelling units, number of square feet of
commercial space within the service area of the facility or improvement)
and the facility and improvement performance standards;
(3)
A financing plan establishing various methods of funding the facilities
and improvements identified in the plan. The plan shall identify those
facilities and improvements which would otherwise be provided as a
requirement of processing a development project (i.e. requirements
imposed as a condition of a development permit) or provided by the
developer in order to establish consistency with the general plan
or Titles 18, 20 or 21 of this code, and those facilities and improvements
for which new funding methods which shall be sufficient to ensure
sufficient funds are available to construct or provide facilities
or improvements when required by the phasing schedule.
(d)
The City Manager shall prepare and present the plan to the City Council
not later than one year from the effective date of the ordinance codified
in this chapter.
(e)
Amendments to this city-wide facilities and improvements plan shall
be initiated by action of the Planning Commission or City Council.
(Ord. 9808 § 1, 1986)
(a)
The City Council shall divide the city into facilities management
zones.
(b)
The boundaries of the zones shall be established based upon logical
facilities and improvements planning, construction and service relationships
to ensure the economically efficient and timely installation of required
facilities and improvements. In establishing zone boundaries the City
Council shall also be guided by the following considerations:
(1)
Service areas or drainage basins;
(2)
Extent to which facilities or improvements are in place or available;
(3)
Ownership of property;
(4)
Boundaries of existing zoning master plans;
(5)
Boundaries of pending zoning master plans;
(6)
Boundaries of potential future zoning master plan areas;
(7)
Boundaries of approved tentative maps;
(8)
Public facilities relationships, especially the relationship to the
city's planned major circulation network;
(9)
Special district service territories;
(10)
Approved fire, drainage, sewer, or other facilities or improvement
master plans.
(c)
The zones shall be established by resolution after a public hearing
notice of which is given pursuant to Section 21.54.060.A.2 of this
code.
(Ord. 9808 § 1, 1986; Ord. CS-178 § CXXVI, 2012)
(a)
A local facilities management plan shall be prepared for each facility
zone and shall cover the entire zone.
(b)
The plan shall consist of maps, graphs, tables and narrative text
and shall be based upon the general plan and zoning applicable within
the local zone at the time of plan approval. The local facilities
management plan shall be consistent with the city-wide facilities
and improvements plan and shall implement the city-wide facilities
and improvements plan within the zone.
(c)
The facilities management plan shall show how and when the following facilities and improvements necessary to accommodate development within the zone will be installed or financed as specified in subsection (d):
(d)
The plan shall be consistent with and implement the city-wide facilities management plan and general plan and shall include the following information with regard to each facility and improvement listed in subsection (c):
(1)
An inventory of present and future requirements for each facility and improvement based upon the performance standard established for each facility. Because improvement requirements for certain facilities and improvements may overlap zone boundaries a discussion of the need for coordination and a proposed coordination plan for facilities extending from one zone to another shall be included. Cost estimates shall be included. It must be shown that development in the zone will not reduce the facilities or improvements capabilities or create facilities or improvements shortages in other zones or reduce service capability in any zone below the performance standard which is established pursuant to Section 21.90.080. The growth-inducing impact of the out-of-zone improvements shall be assessed.
(2)
A phasing schedule establishing the timing for installation or provisions
of facilities or improvements in relationship to the amount of development
activity (e.g. number of dwelling units, number of square feet of
commercial space, etc.) for the facilities management zone. The phasing
schedule shall ensure the development of one area of the zone will
not utilize more than the area's pro rata share of facility or improvement
capacity within that zone unless sufficient capacity is ensured for
other areas of the zone at the time of the first development. The
phasing schedule shall include a schedule of development within the
zone and a market data and cash flow analysis for financing of facilities
and improvements for the zone. The phasing schedule shall identify
periods where the demand for facilities and improvements may exceed
the capacity and provide a plan for eliminating the shortfall. In
those situations when demand exceeds capacity and it is not feasible
to increase the capacity prior to development, no development shall
occur unless a time schedule for and a means of increasing the capacity
is established in the plan.
(3)
A financing plan establishing various methods of funding the facilities
and improvements identified in the plan fairly allocating the cost
to the various properties within the zone. The plan shall identify
those facilities and improvements which would otherwise be provided
as a requirement of processing a development project (i.e. requirements
imposed as a condition of a development permit) or provided by the
developer in order to establish consistency with the general plan
or Titles 18, 20 or 21 of this code, and those facilities and improvements
for which new funding methods which shall be sufficient to ensure
sufficient funds are available to construct or provide facilities
or improvements when required by the phasing schedule. Where facilities
or improvements are required for more than one zone, the phasing plan
shall identify those other zones and the plan for each zone shall
be coordinated. Coordination, however, shall not require identical
funding methods.
(4)
A list or schedule of facilities requirements correlated to individual
development projects within the zone.
(e)
The local facilities management plan shall establish the proportionate
share of the cost of facilities and improvements identified in the
city-wide facilities and improvement plan attributable to development
of property on the local facilities management zone.
(Ord. 9808 § 1, 1986)
(a)
A local facilities management plan may be prepared by the city or
by the property owners within the zone according to the procedures
established by this section.
(b)
The City Council, upon its own initiative, may by resolution direct
the City Manager to prepare a facilities management plan for any zone.
The City Council may assess the cost of preparing the plan to the
owners within the zone after a hearing ten days’ written notice
of which is given to the property owners within the zone. The cost
shall be spread pro rata according to acreage and development potential.
(c)
All owners within the zone may jointly submit a facilities management
plan.
(d)
For zones in which joint submission of a facilities management plan
is shown to be not feasible any owner or group of cooperating owners
within the zone may petition the City Council to allow the owner or
group of owners to prepare the plan. After a meeting for which ten
days' prior written notice has been given to the property owners within
the zone, the City Council may permit the owner or group of owners
to prepare and submit the plan. A limit based on the estimated cost
of the plan shall be determined at the time of the hearing. The actual
cost shall be determined when the plan is adopted and shall be assessed
pro rata based on acreage and development potential to property within
the facilities management zone. The assessment shall be collected
by the city at the time any application for a development project
within the zone is submitted. The owner or owners who prepared the
plan shall be reimbursed for the cost of the plan less the owner's
or owners' pro rata share. No reimbursement shall be made unless the
plan is approved. Cost of preparation shall not include interest.
(e)
As an option to preparation by the owner or group of owners as provided in subsection (d), the City Council may decide to direct the City Manager to prepare the facilities management plan. The cost of preparation shall be advanced to the city by the requesting owner or owners, assessed to all the owners and reimbursed as provided in subsection (d).
(Ord. 9808 § 1, 1986)
(a)
Facilities management plans shall be reviewed according to the following
procedure:
(1)
A completed facilities management plan complying with this chapter, and accompanied by a processing fee submitted to the Planning Director for processing. If the Planning Director determines that the plan complies with the provisions of Section 21.90.110 the director shall set a facilities management plan for public hearing before the Planning Commission within sixty days of receipt of a complete application.
(2)
The hearing shall be noticed according to the provisions of Section
21.54.060.A.2. A staff report containing recommendation on the plan
shall be prepared and furnished to the public, the applicant, and
the Planning Commission prior to the hearing.
(3)
The Planning Commission shall hear and consider the application for
a facilities management plan and shall by resolution prepare recommendations
and findings for the City Council. The action of the Commission shall
be filed with the City Clerk, and a copy shall be mailed to the owners
within the facility zone.
(4)
When the Planning Commission action is filed with the City Clerk,
the clerk shall set the matter for public hearing before the City
Council. The hearing shall be noticed according to the provisions
of Section 21.54.060.A.2.
(5)
The City Council shall hear the matter, and after considering the
findings and recommendations of the Planning Commission, may approve,
conditionally approve or deny a facilities management plan. The City
Council may include in the resolution adopting the facilities management
plan any fees or facilities improvement requirements which it deems
necessary to impose on development projects within the zone in order
to implement the city-wide facilities and improvement plan and the
local facilities management plan.
(b)
A facilities management plan may be amended following the same procedures
for the original adoption.
(c)
A local facilities management plan shall be considered a project
for the purposes of Title 19 of this code. Environmental documents
should be processed concurrently with the plan.
(Ord. 9808 § 1, 1986; Ord. CS-164 § 10, 2011; Ord. CS-178 § CXXVII, 2012)
(a)
To ensure that the provisions of this chapter and the general plan
are met, the following shall apply:
(1)
Except as otherwise provided in this chapter no development permit
shall be approved unless the map or permit is consistent with the
local facilities management plan and unless provision for all facilities
and improvements related to the development project are provided or
funded.
(2)
No building permit shall be issued unless all applicable fees, including,
but not limited to, public facilities fees, bridge and thoroughfare
fees, traffic impact fees, facilities management fees, school fees,
park-in-lieu fees, sewer fees, water fees, or other development fees
identified in the city-wide facilities and improvements plan and local
facilities management plan and adopted by the City Council have first
been paid or provision for their payment has been made to the satisfaction
of the City Council.
(b)
The city-wide facilities and improvement plan and the local facility
management plan process is part of the city's ongoing planning effort.
It is anticipated that amendments to the plans may be necessary. Adoption
of a facilities management plan does not establish any entitlement
or right to any particular general plan or zoning designation or any
particular development proposal. The city-wide facilities and improvements
plan and the local facilities management plans are guides to ensure
that no development occurs unless adequate facilities or improvements
will be available to meet demands created by development. The City
Council may initiate an amendment to any of the plans at any time
if in its discretion it determines that an amendment is necessary
to ensure adequate facilities and improvements.
(c)
If at any time it appears to the satisfaction of the City Manager that facilities or improvements within a facilities management zone or zones are inadequate to accommodate any further development within that zone or that the performance standards adopted pursuant to Section 21.90.100 are not being met he or she shall immediately report the deficiency to the council. If the council determines that a deficiency exists then no further building or development permits shall be issued within the affected zone or zones and development shall cease until an amendment to the city-wide facilities and improvements plan or applicable local facilities management plan which addresses the deficiency is approved by the City Council and the performance standard is met.
(d)
The City Planner shall monitor the development activity for each
local facilities management zone and shall prepare an annual report
to the City Council consisting of maps, graphs, charts, tables and
text and which includes a developmental activity analysis, a facilities
and improvements adequacy analysis, a facility revenue/expenditure
analysis and recommendation for any amendments to the facilities management
plan. The content of the annual report shall be established by the
City Council.
(e)
The City Council shall annually review the city-wide facilities and
improvements plan at the time it considers the city's capital improvement
budget.
(Ord. 9808 § 1, 1986)
Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any public improvement requirement, dedication requirement or fee requirement which is imposed pursuant to Titles 13, 18, 20 or 21 of this code or pursuant to any City Council policy.
(Ord. 9808 § 1, 1986)
The City Council may adopt any guidelines it deems necessary
to implement this chapter.
(Ord. 9808 § 1, 1986)
(a)
Development proposals which consist of facilities, or structures
constructed by a city, county, special district, state, or federal
government or any agency, department, or subsidiary thereof for governmental
purposes are excluded from the provisions of this chapter. This exclusion
shall not apply to development proposals to which a possessory interest
tax would be applicable.
(b)
Tentative maps the application for which was accepted before August 6, 1985, may be approved without complying with the plans adopted pursuant to this chapter but any other development permits or building permits for the project shall be subject to the requirements of the plans. The tentative map shall be subject to Section 21.90.030.
(Ord. 9808 § 1, 1986)
(a)
Whenever this chapter requires or permits an action or decision of
the City Council, that action or decision shall be accomplished by
a resolution.
(c)
Whenever written notice is required to be given to property owners
under this section the notice shall be mailed by first class mail
to the owners shown on the last equalized assessment roll.
(Ord. 9808 § 1, 1986)
Notwithstanding any previous sections of this chapter, the City
Council shall not materially reduce or delete any public facilities
or improvements without making a corresponding reduction in residential
density unless such a reduction or deletion of public facilities is
ratified by a vote of the citizens of Carlsbad.
(Ord. 9829 § 4, 1987)
Notwithstanding any previous sections of this chapter, the number
of residential dwellings to be approved or constructed after November
4, 1986, shall not exceed the following: Northwest quadrant 5,844;
Northeast quadrant 6,166; Southwest quadrant 10,667; Southeast quadrant
10,801, without an affirmative vote of the citizens of Carlsbad.
(Ord. 9829 § 4, 1987)
If any section, subsection, sentence, clause or phrase of the
ordinance codified in this chapter is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of the ordinance codified in this chapter. The City Council declares
that it would have passed the ordinance codified in this chapter and
each section, subsection, sentence, clause and phrase thereof, irrespective
of the fact that any part thereof be declared invalid or unconstitutional.
(Ord. 9808 § 1, 1986)
Notwithstanding anything in this chapter and any resolution
of the City Council to the contrary, all fees subject to this chapter
for any residential development that consists of five or more dwelling
units and all new commercial, office, and industrial buildings or
building additions shall only be paid prior to building permit issuance,
or, at the request of the applicant, deferred until all work required
for final inspection has been completed and all department approvals
required for final inspection have been obtained by the applicant.
The amount of the fees shall be based on the fees in effect
at the time of the request for the final inspection, not the time
of building permit issuance.
In the event that the city, for any reason, fails to collect
any or all fees prior to final inspection, such fees shall remain
the obligation of the developer and/or the property owner.
(Ord. CS-200 § V, 2013; Ord. CS-271 § V, 2015)
