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HomeMy WebLinkAbout2009-12-22; City Council; CS-071; Amend CMC Section 2.24.065 Eliminate Gen Plan Conf...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDINANCE NO. CS-071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTION 2.24.065 TO ELIMINATE GENERAL PLAN CONFORMANCE FINDINGS BY THE PLANNING COMMISSION WHEREAS, the City of Carlsbad became a charter city at the special election of June 3, 2008; and WHEREAS, under the California Constitution, the City is no longer bound by the provisions of general law with regard to local planning and zoning which are deemed a municipal affair; and WHEREAS, the Carlsbad Municipal Code must be amended to clarify when general law provisions in the Code are no longer applicable; and WHEREAS, it is now recommended that CMC 2.24.065 be amended to eliminate the requirement for a General Plan consistency determination by the Planning Commission; and WHEREAS, it is now recommended that the City Council make the General Plan consistency finding when if and when it approves the acquisition or disposition of property, a street vacation or abandonment, public building or structure; and NOW, THEREFORE, the City Council of the City of Carlsbad ordains 21 as follows: 22 SECTION 1: That section 2.24.065 of the Carlsbad Municipal Code is 23 amended to read as follows: 24 2.24.065 General plan conformance - Time for or waiver of report 26 (a) The planning commission shall not be required to report as to conformity with the general plan regarding real property 27 acquired by dedication or otherwise for street, square, park or other public purposes, the disposition of real property, 28 -1 - vacated or abandoned streets, and the construction or 1 authorization of a public building or structure. The city 2 council shall make a finding of consistency with the general plan when approving any of the above. 3 (b) The planning commission shall not be required to make 4 a general plan consistency finding for the list of proposed public works recommended for planning, initiation or construction during the ensuing fiscal year for the city's 6 capital improvement program. The city council shall make the general plan consistency finding when approving the 7 city's annual capital improvement program or any amendments thereto.8 g 10 11 /// 12 /// 13 /// 14 /// 15 16 17 18 '» 19 /// 20 /// 21 /// 22 /// 23 24 25 26 /// 27 /// 28 -2- 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 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 it 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 8th day of December. 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 22nd day of December. 2009, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, and Blackburn. NOES: None. ABSENT: Council Member Packard. APPROVED AS TO FORM AND LEGALITY: ONALD R. BALL, City Attorney , Mayor ATTEST: WDRRAIflE M.pjOD, City C