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Home My WebLink About2012-10-17; Planning Commission; Resolution 6918 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO CARLSBAD MUNICIPAL CODE SECTIONS 21.54.040(B), 21.54.140(A) AND 21.54.150(A) TO CHANGE REFERENCES TO THE HOUSING AND REDEVELOPMENT COMMISSION TO THE COMMUNITY DEVELOPMENT COMMISSION. CASE NAME: MODIFY REFERENCES TO HOUSING & REDEVELOPMENT COMMISSION CASE NO.: MCA 12-03 WHEREAS, the City Planner has prepared a proposed amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: amend various sections of the Zoning Ordinance (Title 21) referencing the Housing and Redevelopment Commission; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X” dated October 17, 2012, and attached hereto as MODIFY REFERENCES TO HOUSING & REDEVLEOPMENT COMMISSION – MCA 12-02; and WHEREAS, the Planning Commission did on October 17, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desired to be heard, said Commission considered all factors relating to the component of the Municipal Code Amendment that consists of amendments to the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the component of MODIFY REFERENCES TO HOUSING & REDEVELOPMENT COMMISSION - MCA 12-03 that consists of amendments to Title 21 of the Carlsbad Municipal Code (Zoning Ordinance), based on the following findings: PLANNING COMMISSION RESOLUTION NO. 6918 Exhibit “X” October 17, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT CONSISTING OF AMENDMENTS TO TITLE 2 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY REFERENCES TO THE HOUSING AND REDEVELOPMENT COMMISSION. CASE NAME: MODIFY REFERENCES TO HOUSING & REDEVELOPMENT COMMISSION CASE NO.: MCA 12-03 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Section 2.40.010 of the Carlsbad Municipal Code is amended to read as follows: 2.40.010 Established. Pursuant to Section 34291 of the California Health and Safety Code, a housing commission is created as an advisory body to the city council and community development commission. SECTION 2: That Section 2.40.060 of the Carlsbad Municipal Code is amended to read as follows: 2.40.060 Functions. The housing commission shall advise and make recommendations to the community development commission and/or the city council on the following matters: 1. Establishment of, or amendment of affordable housing programs, policies and regulations; 2. Adoption of, or amendments to, the general plan housing element, and related strategies or programs; 3. Review of project concept and affordability objectives of off-site combined projects as defined by Chapter 21.85 of this code and located outside of the master plan area, specific plan area or subdivision which has the inclusionary housing requirement; 4. Requests for financial assistance and/or incentives for the development of affordable housing projects; 5. Requests to sell or purchase affordable housing credits for transaction/purchases of ten credits or more to satisfy an inclusionary housing obligation; 6. The commission shall annually report to the city council on the status and progress of affordable housing programs; 7. Other special assignments as requested by the community development commission and/or city council as related to the development of affordable housing. SECTION 3: That Section 21.54.040(B) of the Carlsbad Municipal Code is amended to read as follows: B. For purposes of this section, “city planner” shall be interchangeable with “city engineer” and “housing and neighborhood services director”, and “city council” shall be interchangeable with “community development commission”. ORDINANCE NO._________ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: That Section 21.54.140(A) of the Carlsbad Municipal Code is amended to read as follows: A. This section shall apply to those decisions or determinations of the city planner or housing and neighborhood services director made pursuant to this title or city planner determinations pursuant to Title 19 or Title 20. Accordingly, in this section, "housing and neighborhood services director" shall be interchangeable with "city planner;" "housing and neighborhood services department" shall be interchangeable with "planning division;" and "community development commission" shall be interchangeable with "city council." SECTION 5: That Section 21.54.150(A) of the Carlsbad Municipal Code is amended to read as follows: A. This section shall apply to those decisions or determinations of the planning commission made pursuant to this title or Title 19. Accordingly, in this section, "housing and neighborhood services director" shall be interchangeable with "city planner;" "housing and neighborhood services department" shall be interchangeable with "planning division;" and "community development commission" shall be interchangeable with "city council." 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 the a summary of the ordinance prepared by the City Attorney 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 day of , 2012, and thereafter. /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2012, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk ATTACHMENT 2 Page 1 MODIFYING REFERENCES TO HOUSING AND REDEVELOPMENT COMMISSION MCA 12-03 PROPOSED TEXT CHANGES TO THE CARLSBAD MUNICIPAL CODE SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT AMENDMENTS TO TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.40 HOUSING COMMISSION Section 2.40.010 2.40.010 Established. Pursuant to Section 34291 of the California Health and Safety Code, a housing commission is created as an advisory body to the city council and housing and redevelopmentcommunity development commission. Section 2.40.060 2.40.060 Functions. The housing commission shall advise and make recommendations to the housing and redevelopment community development commission and/or the city council on the following matters: 1. Establishment of, or amendment of affordable housing programs, policies and regulations; 2. Adoption of, or amendments to, the general plan housing element, and related strategies or programs; 3. Review of project concept and affordability objectives of off-site combined projects as defined by Chapter 21.85 of this code and located outside of the master plan area, specific plan area or subdivision which has the inclusionary housing requirement; 4. Requests for financial assistance and/or incentives for the development of affordable housing projects; 5. Requests to sell or purchase affordable housing credits for transaction/purchases of ten credits or more to satisfy an inclusionary housing obligation; 6. The commission shall annually report to the city council on the status and progress of affordable housing programs; ATTACHMENT 2 Page 2 7. Other special assignments as requested by the housing and redevelopmentcommunity development commission and/or city council as related to the development of affordable housing. AMENDMENTS TO TITLE 21 ZONING CHAPTER 21.54 PROCEDURES, HEARINGS, NOTICES AND FEES Section 21.54.040(B) B. For purposes of this section, “city planner” shall be interchangeable with “city engineer” and “housing and neighborhood services director”, and “city council” shall be interchangeable with “housing and redevelopmentcommunity development commission”. Section 21.54.140 (A) A. This section shall apply to those decisions or determinations of the city planner or housing and neighborhood services director made pursuant to this title or city planner determinations pursuant to Title 19 or Title 20. Accordingly, in this section, "housing and neighborhood services director" shall be interchangeable with "city planner;" "housing and neighborhood services department" shall be interchangeable with "planning division;" and "housing and redevelopmentcommunity development commission" shall be interchangeable with "city council." Section 21.54.150 (A) A. This section shall apply to those decisions or determinations of the planning commission made pursuant to this title or Title 19. Accordingly, in this section, "housing and neighborhood services director" shall be interchangeable with "city planner;" "housing and neighborhood services department" shall be interchangeable with "planning division;" and "housing and redevelopmentcommunity development commission" shall be interchangeable with "city council."