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HomeMy WebLinkAbout1974-02-19; City Council; 9379; CMC 21.52/.54 adds/amends - GP amends application fee. A. 1 2 3 4 5 6 7 8 9 10 11 12 13 n 14 20 21 22 23 24 25 26 27 28 29 30 31 32 c 0 eo 0. ORDINANCE NO. 9379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTERS 21.52 AND 21.54 OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.52.030, 21.52.040 AND 21.52.100 AND BY THE ADDITION OF SECTIONS 21.52.160 AND 21.54.120 THERETO TO PROVIDE PROCEDURES AND AN APPLICATION FEE FOR PROCESSING AMENDMENTS TO TEE GENERAL PLAN. The City Council of the City of Carlsbad does ordain as follows: SECTION 1: Title 21, Chapter 21.52 of the Municipal Code by the amendment of Sections 21,52.030, 21,52,040 and and by the addition of Section 21.52-160 to read as is amended 21.52.100, follows: .52.030 Application. Whenever the owner of any land or building desires an amendment, supplement to or change in any of the regulations prescribed for his property, he shall prepare an application requesting such amendment, supplement or change on the prescribed form and forward it with the required fee to the Planning Director. The Planning Director shall review all such applications and determines whether or not the requested amendment, supplement to or change in regulations for the subject property will be consistent with all applicable specific and general plans. If he determines the application will be consistent, he shall file it with the Planning Commission for processing in accord with this chapter. If he determines that the application will result in an inconsistency, he shall so inform the applicant in writing and return the application. Notwithstanding an inconsistency, the Director may file an application with the Planning Commission for action if the Commission has approved a general plan amendment removing the inconsistency. The Director's determination may be appealed to the Planning Commission and City Council in accord with the provisions of this chapter." . __. 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 26 27 28 29 30 31 32 I- = 0. "21.52.040 Hearing. Upon the filing of a verified applica- tion for an amendment, or the adoption of a resolution of inten- tion by the Planning Commission or the City Council, the Planning Commission shall hold one public hearing thereon, as required by Chapter 3, Title 7 of the Planning Act of the State of California, and notice of such hearing shall be given as provided in Chapter 21.54. In no event shall a hearing on a zone change be held until fifteen days after a hearing on a general plan amendment when such has been held on all or part of the property subject to the zone change." "21.52.100 Public Hearing on Commission's Recommendations Within not to exceed thirty days fol- on Amendments and Appeals. lowing receipt of the resolution from the Planning Commission recommending the adoption of the amendment or the filing of a written appeal from an order of the Commission denying an appli- cation for amendment, as provided in this article, the City Counci: shall conduct a duly advertised public hearing on the matter, public notice of which shall be given as provided in Chapter 21.54 In no event shall a hearing on a zone change be held until. fifteen days after a hearing on a general plan amendment when such has been held on all or part of the property subject to the zone changl "21.52.160 General Plan Amendments. Amendments to the general plan or to any of the elements thereof shall be processed in accord with this chapter. applicable to the amendment of Title 21 shall also apply to general plan amendments with the exception of the time require- ment for Planning Commission and City Council hearings. Commission and City Council hearings on general plan amendments shall be held at such times as the City Council shall by motion establish. I' All provisions of this chapter Planning SECTION 2: Title 21, Chapter 21.54 of the Municipal Code is amended by the addition of Section 21.54.120 to read as follows 2. 1 2 3 4 5 6 7 8 9 IC 11 12 12 0 2c 21 22 2: 24 25 2e 27 2E 2s 3c 33 3; 0. 0. "21.54.120 General Plan Amendments. All provisions of this chapter applicable to the amendment of zone classification shall also apply to amendments to the general plan or to any of the elements thereof. 'I 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 the Carlsbad Journal within fifteen days after its adop- tion. adjourned INTRODUCED AND FIRST READ at ankegular meeting of the Carlsbad City Council held on the 6th day of February , 1974, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day of February , 1974, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee. NOES : None. ABSENT : None. ATTEST: (SEAL) 3.