HomeMy WebLinkAbout1979-09-18; City Council; 5995; Notice & Hearing Requirements for Planning MattersCITY OF CARLSBAD
AGENDA BILL NO.
DATE: Sent ember 18 ,_,j,9 -q
DEPARTt;ENT: City Attorney
initial:
Dept.Hd.
C. Atty.�
C. Mgr.
�Sub3ect:r NOTICE AND HEARING REQUIREMENTS FOR PLANNING MATTERS
Statement of the Matter
At your September 4, 1979 meeting, the City Council consid-
ered. two ordinances to revise the notice and hearing
requirements for environmental review and subdivisions.
That action Was taken in response to the California
Supreme Court's Horn decision. After review we have
determined it is also necessary to amend the notice
and hearing requirements for planning matters. An
ordinance in that reqard is attached.
Exhibit
Ordinance No. ,5 ?4 .
f
Recommendation
If the City Council concurs, your action is to introduce
Ordinance No. 2
Counci-1 Action:
j
9-18-79 Council introduced Ordinance No. 9536, amending the Municipal
Code to provide notice and hearing rights to all affected
persons in connection with Planning approvals.
10-2-79 Council adopted Ordinance 9536.
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ORDINANCE NO. 9536 _
2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AI4ENDING
3 TITLE 21, CHAPTER 21.54, BY THE AMENDMENT
OF SECTION 21.54.060 TO PROVIDE NOTICE
4 AND HEARING RIGHTS TO ALL AFFECTED
PERSONS IN CONNECTION WITH PLANNING
5 APPROVALS. _
6 The City Council of the City of.Carlsbad, California does
7 hereby ordain as follows:
8 SECTION 1: That Title 21, Chapter 21.54 of the Carlsbad
9 Municipal Code is amended by the amendment of Section 21.54.060
10 to read as follows:
11 "21.54.060 Notices. Notice of the time and place of
public hearings shall be given in the following manner:
12 (1) Notice of a public hearing to consider a variance
a or conditional use permit, a preannexation zoning, a zoning
to
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13 ordinance or an amendment to a zoning ordinance which changes
C2 a any property from one zone to another or imposes any regulation
s10L.;Z 14 pursuant to Section 65850 of the Government Code not heretofore
Z Wo imposed, or removes or modifies any such regulation theretofore
m �E - 15 imposed shall be given by publication one time in a newspaper
tc; W < of general circulation in the area affected by the proposed
zd 16 action and by mailing a written notice to all persons, including
i o businesses, corporations or other public or private entities
> r 2 17 owning property as shown on the last equalized assessment roll
} < and -persons in possession if different within a radius of three
18 hundred feet of the exterior boundaries of the property which
is the subject of the public hearing. Such notice to be mailed
19, not less than ten days before the date of the public hearing.
Such mailed notice shall not be required where the amendment
20 to this title changes any general regulation applicable to all
the property in any one zone.
21 (2) Notice of any public hearing upon any other matter
required to be heard by the Planning Commission or the City
22 Council by state law or this code which does not contain
particular notice requirements, shall be published at least
23 once in a newspaper of general circulation in the area affected
by the proposed action not less than ten days before the date
24 of the public hearing."
25 EFFECTIVE DATE: This ordinance shall be effective
26 thirty days after its adoption, and the City Clerk shall
27 certify to the adoption of this ordinance and cause it to be
28 published at least once in the Carlsbad Journal within
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1 fifteen days after its adoption.
2 INTRODUCED AND FIRST READ at a regular meeting of the t
3 Carlsbad City Council held on the 18th day of September—,
3
4 1979 and thereafter
5 PASSED AND ADOPTED at a regular meeting of said City
6 Council held on the 2nd day of October , 1979 by the 4
s
7 following vote, to wit: ,
8 AYES: Councilmen Packard, Anear, Lewis and
Councilwoman Casler
9 NOES: None
10 'ABSENT: Councilman Skotnicki
11 I � sf�`tf
ONALD C. PACKARD, Mayor
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