HomeMy WebLinkAbout1979-08-21; City Council; 5970; Zone Code Requirements for findings & referrals> ->
CITY OF CARLSBAD - ^
AGENDA BILL NO. v-f 9 7O Initial:
Dept.Hd.
DATE: August 21, 1979 __ - C.
DEPARTMENT; City Attorney __ _ C. Mgr
Subiect :J ZONE CODE REQUIREMENTS FOR FINDINGS AND REFERRALS BACK
TO PLANNING COMMISSION
Statement of che Matter
The zone code presently requires findings and referrals back
to the Planning Commission on just about every type of
discretionary zoning action. The referrals back and findings
are not always required by the State Planning Act. The
attached proposed ordinance would make the zone code con-
sistent with the State Planning Act and would .eliminate
some administrative red tape. It would eliminate the
necessity for referrals back except in the specific
instances required by the State Planning Act. Those include
certain zone changes, general plan amendments and specific
plan amendments. The requirement for- referral back of
planned community master plans is retained even though
it's not required by state law. This 'is because the master
plan is the operative zoning law for the planned community.
In addition, the findings requirement for City Council
decision on zone code amendments or general plan amendments
would be deleted. Section 65855 of the State Planning Act
still requires that the Planning Commission submit findings
of a sort in its written recommendation to the City Council
regarding a proposed zone, general plan or specific plan
change .
Exhibit
Ordinance No.
Recommendation
If the City Council concurs, your action is to introduce
Ordinance No. 9s~*3O
Council Action:
8-21-79 Council introduced Ordinance 9530, amending the Municipal Code
to amend the requirements for referrals of certain matters back
to the Planning Commission and to amend provisions for findings
by the City Council on Zone Changes.
9-4-79 Council adopted Ordinance 9530.
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920031
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
ORDINANCE MO. 9530
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 21 OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT OF SECTIONS
21.36.040, 21.38.110, 21.50.130, 21.50.140,
21.52.110, 21.52.120 AND 21.52.140 TO
AMEND THE REQUIREMENTS FOR REFERRALS OF
CERTAIN MATTERS BACK TO THE PLANNING
COMMISSION AND TO AMEND PROVISIONS FOR
FINDINGS BY THE CITY COUNCIL ON ZONE
CHANGES .
The City Council of the City of Carlsbad, California,
does ordain as follows :
SECTION 1: That Title 21, Chapter 21.36 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.36.040
to add the following:
" , except that any Council decision shall be final and
need not be referred back to the Planning Commission."
SECTION 2: That Title 21, Chapter 21.38 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.38.110
(c) to replace the word "thirty" with the word "forty".
SECTION 3: That Title 21, Chapter 21.50 of the Carlsbad
Municipal Code is amended by the deletion of Section 21.50.150,
the renumbering of Section 21.50.160 accordingly, and by the
amendment of Sections 21.50.130 and 21.50.140 as follows:
"21.50.130 Decision of City Council. The City Council may
grant, deny or modify, subject to such conditions or limitations
that it may impose, the variance or conditional use permit. Any
action by the City Council shall be final and conclusive provided,
however, that any action reversing the decision of the Planning
Commission on such matters shall be by the affirmative vote
of at least three members of the City Council.
21.50.140 Council announcement of findings and decision
by resolution. The City Council shall announce its findings
and decision by formal resolution not more than twenty days
following the termination of the hearing. Said resolution
shall recite, among other things, the facts and reasons
which, in the opinion of the City Council, makes
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081
2
5
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ia
19
20
21
22
23
24
25
26
27
28
the granting or denial of the variance or conditional use
permit necessary to carry out the general purpose of this
title and shall order that the variance or conditional use
permit be granted or denied or modified subject to such
conditions or limitations that it may impose."
SECTION 4: That Title 21, Chapter 21.52 of the Carlsbad
Municipal Code is amended by deletion of the word "findings"
and its replacement with the word "action" in Section 21.52.050
and by the amendment of Sections 21.52.110, 21.52.120 and 21.52.140
as follows:
"21.52.110 Adverse decision to be referred to the
Planning Commission. The City Council may approve, disapprove
or modify the recommendation of the Planning Commission
provided that any modification of the proposed ordinance or
amendment not previously considered by the Planning Commission
during its hearing shall be referred to the Planning Commission
for further report on the matter. Failure of the Planning
Commission to report to the City Council within forty days
after reference may be deemed to be approval by the Planning
Commission of any proposed change.
21.52.120 City Council announcement of decision. The
City Council shall render its decision not more than thirty days
following the termination of proceedings of the hearing or
upon the receipt of report from the Planning Commission when
a matter has been referred back to the Planning Commission.
21.52.140 Notice of decision of City Council. Not later
than seven days following the City Council decision the City
Clerk shall send written notice of the decision to the applicant
at the address shown on the application. The City Clerk may
then return the complete file to the Planning Commission."
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 £Tst <^aY of Auaust •
1979 and thereafter
-2-
o
CO3cc<0
o
^_
t
.
UJ
cr.O
^
t-o
1
2
3
4
t 5
6
7
8
9
10
11
12
1 1S
o>
si 14
f o<± 15Is8d 16
CN ^''" caCO£ 17
o
18
19
20
21
22
23
24
25
26
27
28
PASSED AND ADOPTED at a regular meeting of the said City
Council held on the 4th day of September / 1979 by the
following vote, to wit:
AYES: Councilmen Packard5 Skotnicki, Anear, Lewis and
Council wo man Casler
NOES: None
ABSENT None
s^~~~~~) /"""")
^^;J^^J^^(RONALD C. PACKARD, Mayor
ATTEST :
04 rf* / i?«^&~A
ALETHA L. RAUT ENKRAN Z , City Cler-kJ
l^
(SEAL)
9
,.
i
•
-3-