HomeMy WebLinkAbout2009-07-07; City Council; CS-040; Village Master Plan and design manual revisions...ORDINANCE NO. CS-040
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF
3 THE CARLSBAD MUNICIPAL CODE BY REPEALING
4 CHAPTER 2.26 IN ITS ENTIRETY TO DISSOLVE THE
DESIGN REVIEW BOARD AND AMENDING CHAPTER
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2.24 TO REMOVE LANGUAGE REFERRING TO THE
DESIGN REVIEW BOARD AND TRANSFER DUTIES OF
SAID BOARD TO THE PLANNING COMMISSION.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
REVISIONS
That the City Council of the City of Carlsbad, does ordain as follows:
Section I: That Chapter 2.26 of the Carlsbad Municipal Code is hereby
repealed in its entirety resulting in dissolution of the Design Review Board.
Section II: That Chapter 2.24 of the Carlsbad Municipal Code is amended to
read as follows to transfer the duties of the Design Review Board to the Planning
15 Commission of the City of Carlsbad:
16 Chapter 2.24 PLANNING COMMISSION"
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Sections:
2.24.010 Created.
2.24.020 Composition-Appointment.
2.24.030 Absence from meetings.19
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2.24.040 Regular and adjourned meetings.
2.24.050 Officers-Rule adoption-Records.
2.24.060 Duties.
2.24.065 General plan conformance-Time for or waiver of report.
2.24.070 Quorum and vote.
* For statutory provisions directing the establishment of a planning agency and as to local planning22generally, see Gov. Code § 65100 et seq.
23 2.24.01 a Created.
24 Under and pursuant to an act of the legislature of the state, known as the "conservation and
25 'planning law," a planning commission for the city is created and established. (Ord. 1020 § 1)
2.24.020 Composition-Appointment.
The planning commission shall consist of seven members to be appointed by a majority vote of the
council, and of four ex officio members who shall be the community development director, the city
engineer, the city attorney and the planning director. Of the seven members of the commission first
appointed under this chapter, two shall be appointed for one-year terms, two shall be appointed for
three-year terms, and one shall be appointed for a four-year term. Their successors shall be
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1982:Ord. 1200§1, 1977: Ord. 1157 § 1, 1973: Ord. 1020 § 2)
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2.24.030 Absence from meetings.
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If a member of the planning commission is absent from three successive meetings of the
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appointed for terms of four years. If a vacancy occurs otherwise than by expiration of term, it shall
be filled by appointment by a majority vote of the council for the unexpired portion of the term of the
member so vacating. The terms of ex officio members shall correspond to their respective official
tenures. No ex officio member shall be entitled to a vote. Each member shall hold office until he is
reappointed or his successor is appointed. (Ord. NS-676 §§ 1 (part), 2 (part), 2003; Ord. 1256 § 1,
commission without cause, the planning director shall inform the mayor of such absence, who may
therewith remove the member from the commission without further notice. (Ord. NS-676 § 2 (part),
2003; Ord. 1261 § 2, 1983: Ord. 1020 § 3)
2.24.040 Regular and adjourned meetings.*
A regular meeting shall be held at least once a month, or more often if the planning commission
may by rule adopt. Any meeting held pursuant to rule of the planning commission, or any special
meeting advertised as a public hearing, shall be deemed a regular meeting. The commission may
adjourn any regular meeting from time to time to meet at a time and place specified at the regular
meeting and any such adjourned meeting shall be deemed to be a regular meeting. (Ord. 1020 § 4)
* For provisions on attendance of city manager at commission meetings, see § 2.12.125 of this
code.
2.24.050 Officers-Rule adoption-Records.
The planning commission shall elect from among its appointed members a chairman and vice-
chairman to serve for a term of one year. It shall adopt rules for the transaction of business and
shall keep a record of the resolutions, transactions, findings and determinations, which record shall15 _
be a public record. (Ord. 1157 § 2,1973: Ord. 1020 § 5)
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2.24.060 Duties.
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In addition to the duties specified by this chapter, the planning commission shall perform the duties
and have all the rights, powers and privileges specified and provided for by city or state law. For
the village review area, the planning commission shall be responsible for the administration of, and
shall carry out the duties specified in Chapter 21.35 and 21.81 of the Carlsbad Municipal Code
(Ord. 9424 § 1, 1975: Ord. 1020 § 6)
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2.24.065 General plan conformance-Time for or waiver of report.
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(a) The planning commission shall report as to conformity to the general plan as required pursuant
to Section 65402 of the Government Code. When such report is required as the result of a
proposed division of land or some other project for which planning commission action is required, it
may be included as part of and at the same time as the action taken by the planning commission23
on such proposed division of land or other project.
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(b) Pursuant to subdivision (a) of Section 65402 of the Government Code, a report as to conformity
to the general plan is not required for a proposed subdivision or other project which involves (1) the
disposition of the remainder of a larger parcel which was acquired and used in part for street
purposes; (2) acquisitions, dispositions or abandonments for street widening; or (3) alignment
projects, provided such dispositions for street purposes, acquisitions, dispositions or
abandonments for street widening, or alignment projects are of a minor nature, (Ord. 9424 § 2,
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1975)
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business.
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(b) Except when otherwise provided by law, a majority vote of the quorum shall be required for any
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amendment shall be made by at least four affirmative votes.
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(c) Tie votes shall constitute "no action," and the matter voted upon remains before the commission
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2.24.070 Quorum and vote.
(a) Four members of the planning commission shall constitute a quorum for the transaction of
planning commission action, provided that a recommendation for approval of a general plan
and is subject to further commission consideration. If the commission is unable to take action on a
matter before it because of a tie vote, the matter shall be again considered at the next regular
commission meeting. If the matter receives a tie vote at the subsequent meeting, the matter shall
be deemed denied.
(d) Every commissioner should vote unless disqualified by reason of conflict of interest. A
commission who abstains from voting acknowledges that a majority of the quorum may decide the
question voted upon. (Ord. NS-135§ 1, 1991; Ord. 1247 § 1, 1982; Ord. 1244 § 1, 1982: Ord. 1159
§1,1973)
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Section 2. This ordinance shall be effective thirty days after its adoption for all
areas of the Village.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 23rd day of June, 2009, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 7th day of July, 2009 by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NOS. CS-037, CS-038, CS-039 AND CS-040
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance Nos. CS-037, CS-038, CS-039
and CS-040 are to be considered at the City Council Meeting to
be held on the 7th day of July, 2009.
2.) That a certified copy of the full text of Ordinance Nos. CS-037, CS-
038, CS-039 and CS-040 were posted in the City Clerk's Office oh
the 1ST day of July, 2009.
3.) That a summary of the Ordinances was published in the North
County Times, on the 2nd day of July, 2009.
SHEILA R. COBIAN, Deputy City Clerk
Dated: July 2, 2009
(Seal)
Page 2
Certification of Posting and Publication of Ordinance Nos. CS-037, CS-0381 CS-
039 and CS-040
4.) That Ordinance Nos. CS-037, CS-038, CS-039 and CS-040
were adopted on the 7th day of July, 2009.
5.) That a certified copy of the full text of Ordinance Nos. CS-037
CS-038, CS-039 and CS-040, showing the names of those who
voted in favor and against the Ordinance was posted in the City
Clerk's Office on the 9th day of July, 2009.
6.) That a summary of the Ordinance, showing the names of those
who voted in favor of and against the Ordinance was published
in the Coast News, on the 17th day of July, 2009.
SHEILA R. COBIAN, Deputy City Clerk
Dated: July 17, 2009
I n/4,
(Seal)
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