HomeMy WebLinkAbout1975-05-06; City Council; 3352; Amendment to Chapter 2.24 re: Planning Commission Report on Conformity to General Plan and Waiver•THE CITY-OF C A R L S B A I'CALIFORNIA
Agends. Bill No.Date: May 6, 1975
Referred To :
Subject:
Amendment "to Chapter 2.24 re Planning
Commission Report on Conformity to
1 Plan
Submitted By
City Attorney
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'Statement of the Matter
See attached memorandum.
Exhibit
Memorandum to City Manager dated April 22, 1975
Ordinance No.
If the City Council concurs with the recommendations contained in
the memorandum to the City Manager of April 22, 1975, your action
is to introduce Ordinance No.y-^g V.
Council Action
5-6-75 The City Attorney requested the matter continued to the meeting
of May 20, 1975.
5-20-75 .Following discussion, Ordinance No. 9424 was introduced and
given a first reading by title only.
6-3-75 Ordinance #9424 was given a second reading by title only
and adopted.
MEMORANDUM
TO: City Manager
FROM: City Attorney
DATE: May 8, 1975
RE: Conformity to General Plan and Waiver
Section 65402(a) of the Government Code requires
that the Planning Commission report regarding the conform-
ity to the General Plan of certain proposed actions. In-
cluded within those actions is the acquisition by dedica-
tion or otherwise of property for street purposes. Since
the subdivision of land will almost always include the
dedication of a portion of the subdivision for street pur-
poses, it is the opinion of the League of California Cities
and your attorney that a Section 65402 conformity report
is required. Pursuant to that view the League model sub-
division ordinance included a section dealing with the
matter. A local ordinance provision is necessary for two
reasons. First, Section 65402 requires the Planning Com-
mission to report within 40 days or within such other period
as the City Council may prescribe. The Subdivision Map Act
and our Subdivision Ordinance require the Planning Commis-
sion to act on subdivision maps within 50 days. That being
the case, it is necessary to prescribe by ordinance a cor-
respondingly longer period for the 65402 report. Second,
Section 65402(a) gives the City Council the option to pro-
vide by ordinance for a waiver of the report for certain
specified minor projects. In my view, we should avail our-
selves of that option.
A section dealing with the above-described situa-
tion was not included in the Subdivision Ordinance because
the Section 65402 report applies to many matters other than
subdivisions. I propose that the section be included in
Chapter 2.24 which establishes the Planning Commission and
prescribes its duties. The City's Subdivision Ordinance
assigns certain functions of the City Council and the Plan-
ning Commission to the City Engineer for minor subdivisions
(parcel maps). This ordinance amends the Subdivision Ordi-
nance to assign the Planning Commission's 65402 responsi-
bilities to the Engineer for minor subdivisions.
I have prepared a draft of an ordinance making the
changes discussed in this memorandum and an agenda bill for
submittal to the City Council.
VINCENT F. BIONDO, JR.
VFB:af
VINCENT F. BIONDO, JR.CITY ATTORNEY • CITY OF CARLSBAD1200 E'.M AVENUE' CARLSBAD, CALIFORNIA 92008 .\1
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ORDINANCE NO. 9424
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CHAPTERS 2.24 AND 20.24 OF THE CARLSBAD
' MUNICIPAL CODE BY THE AMENDMENT OF SEC-
TIONS 2.24.060 and 20.24.100 AND BY THE
ADDITION OF SECTION 2.24.065 TO REVISE
THE DUTIES OF THE PLANNING COMMISSION IN
REPORTING ON CONFORMITY TO GENERAL PLAN
AND PROVIDING FOR THE WAIVER OF SAID RE-
PORT IN CERTAIN CIRCUMSTANCES.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 2, Chapter 2.24 of the Carlsbad
Municipal Code is amended by the amendment of Section 2.24.060
to read as follows:
"2.24.060 Duties. 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 pro-
vided for by city or state law."
SECTION 2: That Title 2, Chapter 2.24 of the Carlsbad
Municipal Code is amended by the addition of Section 2.24.065 to
read as follows:
"2.24.065 General plan conformance; time for or waiver
of report, (a) The Planning Commission shall report as to con-
formity 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
Commission on such proposed division of land or other project,
(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
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 E'.M AVENUECARLSBAD, CALIFORNIA 92008 ' ,1
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widening, or alignment projects are of a minor nature."
SECTION 3: That Title 20, Chapter 20.24 of the Carlsbad
Municipal Code is amended by the amendment of Section 20.24.10'0
to read as follows:
"20.24.100 Assignment of certain responsibilities to the
city engineer. The responsibilities of the City Council pursuant
to Sections 66473.5, 66474, 66474.1 and 66474.6 of the Subdivision
Map Act and the responsibilities of the Planning Commission pur-
suant to Section 65402 of the Government Code and Section 2.24.065
of this code are hereby assigned to the city engineer with respect
to those tentative parcel maps filed pursuant to this chapter."
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
adoption. " • .
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 20th day of. May , 1975,
and thereafter
PASSED AND ADOPTED at a regular meeting of said Council
held on the 3rd day of June , 1975, by the following
vote, to wit:
AYES: Councilman Frazee,, Chase, Lewis, Skotnicki and Councilwoman
Casler.
NOES: None.
ABSENT: None. S. ^,
; 'ROBERT c. FRAZEE, Mayor
ATTEST:
""* # //rZ- * /> 1 Tt /^ / ,-f // // ' fl^TLtf,. fC^tj^l S £-• • (^-•'l JL-d-st-t-f^.^MARGARM1 E. ADAMS, City Clerk
(SEAL) "
2.
MEMORANDUM
June 5, 1975
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PLANNING DI-RECTOR
SUBJECT: CITIZEN'S ADVISORY COMMITTEE APPOINTMENTS FOR
GENERAL PLAN ELEMENTS
The Staff is in the process of finalizing the last two General
Plan Elements for the City of Carlsbad's General Plan.
It is essential that Citizens Advisory Committees be appointed
so that the Citizens review of the draft element can be accomp-
lished prior to scheduled public hearings before the Planning
Commission and City Council.
The proposed Noise Element is in it's draft stages and in need
of Citizens Committee Review. I have attached a draft Resolu-
tion and a proposed list of Citizens who have indicated their
willingness to participate in reviewing the draft noise element.
It would be appreciated if the Council would review the list of
proposed Citizens and appoint a committee consisting of 6 members.
The individuals on the attached list are currently volunteering
their efforts and assisting the staff in the noise element review.
If at all possible I would request that the City Council consider
appointing the Committee on June 10, 1975 at the adjourned City
Council meeting.
If individual Council members have any additional individuals who
have an interest in the noise issue, it would be requested that
they call my office at their convenience.
A Citizens Committee on Scenic Highways was enacted on April 15,
1975 by Council Resolution 3622, attached. However, a Committee
of 5 persons from a list that was attached to that agenda bill
has not been appointed. It is requested also, if at all possible,
to appoint 5 members from the suggested list so that the Scenic
Highways Element may receive proper Citizens review prior to
public hearing. If it is not possible to appoint on June 10, I
will suggest to the City Manager that the matter be placed on the
regularly scheduled agenda of June 17, 1975.
Your indulgence and consideration of this matter is greatly appreci-
ated.
Donald A. Agatep
Attachments:
MEMORANDUM
July 24, 1975
TO: CITY MANAGER
FROM: PLANNING DIRECTOi
SUBJECT: SECOND WISH DATE FOR GENERAL PLAN AMENDMENTS
The second wish date for General Plan Amendments has been established
by the Council to begin at Planning Commission on August 13 and be
completed in time for City Council action on September 2. Based on
the following discussion, staff recommends that this second wish date
be waived and become a floating date.
The only known private application for a General Plan Amendment will
be submitted by ia Costa Land Company in order to accommodate their
proposed Master Plan Amendment. La Costa has been working very closely
with staff in the development of their program, but formal application
has not been made and is not expected in the immediate future. Regard-
less of when the application is actually made, it is obvious that it
cannot be staffed properly in time for the August 13 meeting with the
Planning Commission,.
The only other pending amendment is a City Initiated project. This
project deals primarily with the proposed overall goal statement for
the General Plan forwarded by the Citizen's Goal Committee. Another
consideration of this amendment request is to review the proposed
goals prepared by Councilman Skotnicki in regards to the adopted Land
Use Element.
Although staff was prepared to take this single amendment request to
the Planning Commission at their August 13 hearing, the question was
asked as to whether or not the City should use up one'of their three
wish dates to accommodate a single city initiated project. This
question was proposed to both Councilman Skotnicki and to Jack Casler5Chairman of the Goals Committee, and both agreed that this particular
request should be postponed until further applications can be taken
concurrently.
DA/MZ/jc
7/30/75