Loading...
HomeMy WebLinkAbout1986-05-20; City Council; 8624; Technical changes to zoning ordinancea w > 0 ft= e e 4 .. z 0 6 a 1 0 z 3 0 0 A CIT OF CARLSBAD - AGENE BILL AB# pud ITITLE: TECHNICAL CHANGES TO IDEPT. HD.- MTG.5/20/86 I ZONING ORDINANCE ICKY Am-!&% DEPT.A I CITY MGR..E, RECOMMENDED ACTION: Introduce Ordinance No. Yf&' ITEM EXPLANATION Attached is an ordinance cleaning up two problems which exist in Title 21. First, it adds a definition of Land Use Planning Manager eliminating the need to go through the Code and change all the designations of Land Use Planning Manager and Director of Building and Planning to Planning Director. Second, it establishes an appeal procedure for Planning Director decisions if no other appeal procedure is established by the zoning ordinance. The Planning Director is required to make numerous ,,interpretive decisions on zoning issues. In some cases the Plahning Director is vested with the authority to issue certain permits (eg. Satellite Dish Antennae). The common administrative practice has been to allow Planning Director decisions to be appealed to the Planning Commission. In certain circumstances no specific procedure for the appeal is established. This ordinance will established the appeal procedure. The ordinance specifies that a written appeal must be filed within ten days of the Planning Director's decision. It also requires the Planning Director to make decisions or determinations in writing and communicate the decision or determination to the affected persons. The date of the decision will be established on the date when the Planning Director's decision or determination is either mailed or delivered. The determination of the Planning Commission on appeal would be final. This procedure would apply to minor discretionary decision which the code allows the Planning Director to make. It would not affect the appeal procedure for such things as CUP'S, variances, site development plans, etc. ENVIRONMENTAL REVIEW Not required . FISCAL IMPACT Cost of appeal procedure will be borne by applicant. Definitional change will save some code publishing costs. EXHIBIT Ordinance No. 2B7 21 22 24 25 26 27 20 I ,I ORDINANCE NO. 9807 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTERS 21.04 AND 21.54 TO MAKE A TECHNICAL AMENDMENT TO THE ZONING ORDINANCE BECAUSE OF THE CHANGE OF TITLE FROM LAND USE PLANNING MANAGER TO PLANNING DIRECTOR AND TO ESTABLISH AN APPEAL PROCEDURE FOR PLANNING DIRECTOR EECISIONS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21.04 of the Carlsbac Municipal Code is amended by the renumbering of Section 21.04.201 regarding liquor stores to 21.04.203 and by the addition of Section 21.04.201 to read as follows: 21.04.201 Land use planning manager. The term "land use planning manager" shall mean the Planning Director of the City of Carlsbad; further, the term "building and planning director" or any term of equivalent meaning shall refer to the Planning Director of the City of Carlsbad. SECTION 2: That Title 21, Chapter 21.54 of the Carlsbac Municipal Code is amended by the addition of Section 21.54.140 tc read as follows: 21.54.140 Appeal of Planning Director decisions. (a) This section shall apply to those decisions or determinations of the Planning Director made pursuant to this title for which an appeal process is not otherwise specifically established. pursuant to this title to make a decision or determination such decision or deternination is final unless the determination or decision is appealed to the Planning Commission. The appeal shall be filed in writing with the Secretary of the Planning Commission within ten days after the date of the Planninq Director's decision. The Planning Director's decision or determination shall be made in writing. The date of the decisioi shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The Planninq Commission action on an appeal shall be final. (b) Whenever the Planning Director is authorized 19 2o 21 22 23 24 25 26 27 _- I i A 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 a 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 13th day of May 1986 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of May , 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES : None ABSENT: None t-. LJL MARY H./CASLER, Mayor I ATTEST: I l ALETHA L. RAUTENKRANZ, City Cgerk 4 1 3