HomeMy WebLinkAbout1985-05-07; City Council; 9758; CMC 19.04/20.12/21 amends - Public hearings noticing provisions revision1
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ORDINANCE NO. 9758
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLES 19, 20 AND 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
VARIOUS CHAPTERS AND SECTIONS TO REVISE THE
PROVISIONS FOR NOTICING OF PUBLIC HEARINGS.
The City Council of the City of Carlsbad does ordain as
follows:
SECTION 1: That Title 19, Chapter 19-04 of the Carlsbac
Municipal Code is amended by the amendment of the first paragrapl
of Section 19.04.210 to read as follows:
"19.04.210 Planning Commission hearing. The environmental impact report shall be forwarded to the Land Use
Planning Manager, who shall set the matter for public hearing by
the Planning Commission. Notice of the public hearing shall be
given as provided in section 21.54.060(1) of this code."
SECTION 2: That Title 19, Chapter 19.04 of the Carlsbac
Municipal Code is amended by the amendment of Section 19.04.220
to replace the number "19.04.230" with the number "19.04.210" in
the second sentence of the section.
SECTION 3: That Title 19, Chapter 19-04 of the Carlsbac
Municipal Code is amended by the addition of Section 19.04.370 tc
read as follows:
1119.04.370 Notices of other hearings. Except as
provided in Section 19.04.210, notice of any other public
hearings required by this chapter shall be given as provided in
Section 21.54.060( 2) of this code.
SECTION 4: That Title 20, Chapter 20.08 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.08.140 to replace "Section 65905" with "Section 65091"
in subsection (9) of the section.
SECTION 5: That Title 20, Chapter 20.12 of the Carlsbal
Municipal Code is amended by the amendment of Section 20.12.092
to read as follows:
"20.12.092 Required notices. (a) Whenever a public hearing is required by this title notice of the hearing shall be given as provided in Section 21.54.060( 1) of this code and Section 66451.3 of the Government
Code .
"(b) Failure by any person to receive notice specified in this section shall not invalidate any action taken pursuant tc this title .'I
SECTION 6: That Title 21, Chapter 21.34 of the
Carlsbad Municipal Code is amended by the addition of Section
21.34.050(g) to read as follows:
"(9) Notice of the hearings required by this section
shall be given pursuant to Section 21.54.060( 1) of this Code."
SECTION 7: That Title 21, Chapter 21.35 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.35.115 to add the following sentence:
"Notice of the public hearing shall be given as provided in Section 21.54.060( 1) of this Code."
SECTION 8: That Title 21, Chapter 21.37 of the Carlsbac
Municipal Code is amended by the addition of the following
sentence to Section 21.37.060:
"Notice of the public hearing shall be given as
provided in Section 21.54.060(1) of this Code."
SECTION 9: That Title 21, Chapter 21.43 of the Carlsbac
Municipal Code is amended by the amendment of Section
21.43.080(2) to read as follows:
"A public hearing shall be conducted notice of which
shall be given as provided in Section 21.54.060 ( 1 ) of this
Code.
SECTION 10: That Title 21, Chapter 21.45 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.45.071 to replace the phrase "Chapters 21.52 and 21.54" with
"Section 21.54.060(1)."
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SECTION 11: That Title 21, Chapter 21.47 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.47.071 to replace the phrase "Chapters 21.52 and 21.54" with
SECTION 12: That Title 21, Chapter 21.50 of the
Carlsbad Municipal Code is amended by the amendment of Sections
21,50.060 and 21.50.120 to replace the phrase "Chapter 21.56" or
"Chapter 21.54" with "Section 21.54.060(1)" wherever it appears
in those sections.
SECTION 13: That Title 21, Chapter 21.52 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.52.040 to read as follows:
"21.52.040 Planning Commission hearing. The Planning
Commission shall hold a public hearing on the proposed amendment Notice of the hearing shall be given pursuant to Section
21.54.060(2) of this code and if the proposed amendment affects
the permitted uses of specific real property notice shall also b given pursuant to Section 21.54.060( 1) of this Code."
SECTION 14: That Title 21, Chapter 21.52 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.52.100 to replace the phrase "Chapter 21.54" in the first
sentence of that section with the phrase "Section 21 .52.040" and
to delete the last sentence of the section which reads: "The
hearing on adopting or amending the general plan or any element
thereof for the subject property. "
SECTION 15: That Title 21, Chapter 21.54 is amended by
the amendment of Section 21,54.060 to read as follows:
"21.54.060 Notice of public hearings shall be given as
(1) When a provision of this code requires notice of E
(A) Notice of the hearing shall be mailed or
f 01 lows :
public hearing to be given pursuant to this subsection, notice
shall be given in all of the following ways:
delivered at least ten days prior to the hearing to the owner of
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the subject real property, the owner's duly authorized agent, or to the project applicant.
delivered at least ten days prior to the hearing to each local
agency expected to provide water, sewage, streets, roads,
schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected by the project.
delivered at least ten days prior to the hearing to all owners 04 real property as shown on the latest equalized assessment role within 600 feet, or 300 feet for variance applications, of the real property that is the subject of the hearing. In lieu of utilizing the assessment role, records o€ the county assessor or tax collector which contain more recent information than the assessment role may be used, If the number of owners to whom
notice would be mailed or delivered pursuant to this subparagrapl is greater than 1,000 in lieu of mailed or delivered notice, the City Manager may permit notice to be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the City at least ten days prior to the hearing.
to subparagraph (C) , the notice shall also either be: ( 1)
published pursuant to Section 6061 in at least one newspaper of
general circulation within the City at least ten days prior to
the hearing; (2) posted at least ten days prior to the hearing i at least three public places in the City, including one public
place in the area directly affected by the proceeding.
(2) When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be published pursuant to Section 6061 in at least one
newspaper of general circulation within the City at least ten
days prior to the hearing.
(B) Notice of the hearing shall be mailed or
(C) Notice of the hearing shall be mailed or
(D) If the notice is mailed or delivered pursuant
SECTION 16: That Title 21, Chapter 21.54 of the
Carlsbad Municipal Code is amended by the addition of Section
21.54.061 to read as follows:
pursuant to Section 21.54.060 shall include the date, time and
place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the locatior of the real property, if any, that is the subject of the hearing . "
"21.54.061 Content of Notice. The notice given
SECTION 17: That Title 21, Chapter 21.54 of the
Carlsbad Municipal Code is amended by the addition of Section
21 -54.062 to read as follows:
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"21.54.062 Additional notice to persons requesting it.
Notice given pursuant to Section 21.54.060 shall also be mailed or delivered at least ten days prior to the hearing to any persor
who has filed a written request for notice with the City Clerk. The City Clerk shall charge a fee established by City Council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed."
SECTION 18: That Title 21, Chapter 21 -54 of the
Carlsbad Municipal Code is amended by the addition of Section
21.54.063 to read as follows:
"21.54.063 Failure to receive notice. The failure of
any person or entity to receive notice given pursuant to this
chapter shall not constitute grounds for any court to invalidate the action for which the notice is given. If a decision making body receives substantial evidence that notice has not been given as required by this chapter, then the decision making body may continue the matter for hearing after proper notice has been given . 'I
SECTION 19: That Title 21, Chapter 21.54 of the
Carlsbad Municipal Code is amended by the addition of Section
21.54.064 to read as follows:
"21.54.064 Applicant's responsibilities. (a) The
applicant for any action requiring a noticed public hearing shal: provide the City with a list of persons or entities to whom
notice must be given and the addresses of such persons. The
applicant shall also provide stamped, addressed envelopes for mailing notice. The list and the envelopes, if required, shall
be provided to the City not more than forty-five nor less than thirty days prior to the time the matter is scheduled for hearing. If the number of persons to whom notice would be mailec exceeds 1,003 the applicant may, in lieu of providing the
stamped, addressed envelopes, provide an appropriate display
advertisement. The applicant shall verify the accuracy of the
list and the addresses. The secretary of the Planning Commissioi or the City Clerk shall be responsible for informing the
applicant of the date a matter is scheduled for hearing.
notice required by this chapter.
(b) The applicant shall pay the cost of providing the
< EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and 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
adopt ion.
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INTRODUCED AND FIRST READ at a regular meeting of the
I Carlsbad City Council held on the 16th day of April
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 7th day of Yay , 1985 by the
following vote, to wit:
AYES :
NOES:
ABSENT: None
Council Members Lewis, Kulchh and Petthe
Council Members Casler and Chick
YL-k'L
MARY H. fASLER, Mayor
ATTEST:
011 ALETHA L. RAUTENKRANZ, CityJClerk
(Seal)