HomeMy WebLinkAbout1999-11-03; Planning Commission; Resolution 4675a 9
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PLANNING COMMISSION RESOLUTION NO. 4675
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A PLANNING
COMMISSION DETERMINATION TO RECOMMEND CITY
COUNCIL APPROVAL OF AN AMENDMENT TO CARLSBAD
MUNICIPAL CODE SECTION 2.24.100 TO MAKE THE FIVE
SENIOR MEMBERS OF THE PLANNING COMMISSION THE
RELOCATION APPEALS BOARD FOR ADMINISTRATION OF
PROPOSED RELOCATION REGULATIONS.
CASE NAME: RELOCATION APPEALS BOARD
CASE NO: PCD 99-04
9 WHEREAS, the City of Carlsbad has filed a verified application with the City
10 Carlsbad regarding the duties of the Planning Commission; and
11 WHEREAS, California Health and Safety section 33417.5 (with regard to 1
l2 Redevelopment Agency) and Government Code Section 7266 (with regard to the Wal
l3 11 District and the City) require rules and regulations for the implementation of 1
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17 Mayor subject to the approval of the governing body of each entity; and
California Relocation Assistance and Real Property Acquisition Law to include a provisi
establishing a Relocation Appeals Board consisting of five members appointed by 1
18 WHEREAS, said verified application constitutes a request for Plannj
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22 five senior members of the Planning Commission to act as the Relocation Appeals Boa 21
Municipal Code relating to the duties of the Planning Commission to add a duty for I 2o
Commission recommendation to approve an amendment to Chapter 2.24 of the Carlsb
23 Il for such purposes, as shown on Exhibit “X” dated November 3, 1999, attached here
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consider said request; and 26
WHEREAS, the Planning Commission did on the 3rd day of November , 15
RELOCATION APPEALS BOARD, PCD 99-04; and
WHEREAS, the Planning Director has determined that adoption of 1
ordinance establishing the five senior members of the Planning Commission as 1
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Relocation Appeals Board is exempt from environmental review pursuant to CEC
Guidelines Section 15061, the “general rule”; and
WHEREAS, at said hearing, upon hearing and considering all testimony a
arguments, if any, of all persons desiring to be heard, said commission considered all factc
relating to the RELOCATION APPEALS BOARD ORDINANCE, PCD 99-04; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the hearing, the Commissi
hereby APPROVES RELOCATION APPEALS BOARD, PCD 99-04.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 3rd day of November, 1999, by 1
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L‘Heurel
Segall, Trigas, Welshons and Nielsen
NOES:
ABSENT:
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23 CARLSBAD PLANNING COMMISSION
OURTNEY E.
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ATTEST:
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PC RES0 NO. 4675 -2-
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0 e Exhibit “X” November 3, 1999
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADDING SECTION 2.24.1 00, TO
THE CARLSBAD MUNICIPAL CODE ESTABLISHING A
RELOCATION APPEALS BOARD
WHEREAS, by concurrent action on , 1999, the City Council in
capacity as the Housing and Redevelopment Commission for the Redevelopment Agency a
the Board of Directors of the Carlsbad Municipal Water District and the City Council of the City
Carlsbad, California adopted rules and regulations for implementation of the Califorr
Relocation Assistance and Real Property Acquisition Law applicable to each of the thrt
separate legal entities; and
WHEREAS, the rules and regulations for all agencies make provision for
Relocation Appeals Board, and
WHEREAS, Health and Safety Code Section 33417.5 establishes, by operatic
of law, a five member Relocation Appeals Board appointed by the Mayor, subject to tt
approval of the Housing and Redevelopment Commission acting as the legislative body of tt
Redevelopment Agency; and
WHEREAS, Government Code Section 7266 authorizes the City Council I
ordinance to designate the Redevelopment Agency Relocation Appeals Board as the Relocatic
Appeals Board to hear appeals for all public entities except state entities, to hold public hearins
and consider complaints relating to relocation and compliance with Government Code Sectic
7260 et. seq., Health and Safety Code Section 33400 et. seq., and the implementing sta
regulations found at 25 Cal. Code of Regulations, Section 6000 et. seq. and/or any applicab
federal regulations.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows:
SECTION 1 : That Section 2.24.1 00 is added to Chapter 2.24 of the Carlsb:
Municipal Code to read as follows:
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e e
"2.24.100 Relocation Appeals Board.
Pursuant to Government Code section 7266 the five senior members of
the Planning Commission are hereby designated as the Relocation
Appeals Board for the City, Carlsbad Municipal Water District, and the
Redevelopment Agency of the City of Carlsbad, to hear and determine
(subject to appeal to the appropriate governing body) complaints
regarding relocation and compliance with the Rules and Regulations for
Implementation of the California Relocation Assistance Law adopted by
the legislative bodies of the three agencies, as amended from time to
time."
EFFECTIVE DATE: This ordinance shall be effective thirty days after
adoption; and the city clerk shall certify the adoption of this ordinance and cause it to
published at least once in a newspaper of general circulation in the City of Carlsbad witt
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad C
Council on the day of , 1999, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of , 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)