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HomeMy WebLinkAbout1988-01-19; City Council; 9272; Proposed City Guidelines for Council/Comms- EXHIBIT 1 21.53.240 my time during which approval of the final map is prohibited by Ordinance No. 9791 or any other growth management ordinance, shall be added to the two-year period. Upon expiration of the tentative map, the standards of this ordinance shall apply to the property. (f) Projects with all discretionary approvals under the provisions of Titles 20 and 21 and with a final map approved prior to the effective date of the ordinance codified in this section or approved pursuant'to subsection (e), or for which a subdivision map is not required, may obtain building permits without complying with this section for a period of two years from the effective date of the ordinance codified in this section. Once building permits are obtained, con- struction must be diligently pursued to completion or the provisions of this section shall apply. Upon expiration of the two-year period or the building permits, the standards of this section shall apply to the property. (Ord. 9795 §l, 1986). 21.53.240 Nonresidential development restrictions on open space and environmentally sensitive lands. Nonresi- dential development shall be designed to avoid development on lands identified in Section 21I53.230. (Ord. 9795-§2, 1986). Chapter 21.54 PROCEDURES, HEARINGS. KOTICES AND FEES Sections: 21.54.010 21.54.020 21.54.030 21.54.040 21.54.050 dl .54.060 21.54.061 21.54.062 21.54.063 21.54.064 21.54.070 21.54.080 21.54.090 21.54.100 21.54.110 21.54.120 21.54.130 21.54.140 Applications. Acceptability of signatures on applications. Applications a part of permanent record. Filing fees. Setting of hearing. Notices. Content of notice. Additional notice to persons requesting it. Failure to receive notice. Applicant's responsibilities. Required wording of notices. Investigations. Rules establishment for conduct of hearings. Hearing continuance without public notice. Permanent files shall include summary of testimony. General plan amendments. Restriction on reapplication after denial. Appeal of planning director decisions. 449i (Carlsbad 10/86) 21.54.010 21.54.010 Applications. (a) The city manager shall prescribe the form of applications for the development per- mits or approvals and applications for changes in zone or general plan boundaries or classifications. The city manager or his designee may prepare and provide application forms and shall prescribe the type of information to be provided with the application by the applicant. No application shall be accepted unless it is in the proper form and contains all required information. The application shall be filed with the development processing coordinator who shall forth- with deliver the application to the land use planning manager. 449 j (Carlsbad 10/86) 21.54.010 (b) The land use planning manager shall consult with appropriate departments concerning the application and shall within thirty days after the application has been filed with the development processing coordinator determine in writing whether the application is complete and shall transmit the determination to the applicant. The written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which the application can be made complete. The written deter- mination shall include a list and description of the specific information needed to complete the application. Within thirty days of any resubmittal of the application or submittal of materials in response to the written determination the land use planning manager shall determine in writing whether the application, together with the subsequently submitted materials, constitute a complete application and shall immediately transmit the determination to the applicant. When a determination that an initial application is in- complete has been transmitted to the applicant, the appli- cant shall have six months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn a new application must be submitted. (c) If the application together with the materials submitted in response to a determination of completeness are determined by the land use planning manager to not be complete pursuant to this section the applicant may appeal the decision in writing to the planning commission within twenty days after the determination has been transmitted to the applicant. The planning commission shall make a final written determination of the completeness of the applica- tion not later than sixty calendar days after the receipt of the applicant's written appeal. in this section shall cause the application to be deemed complete. The failure of the applicant to meet any of the time limits specified in this section shall be deemed to constitute withdrawal of the application. Nothing in this section precludes an applicant in the city from mutually agreeing to an extension of any time limit provided in this section. (e) Subsections (b) through (d) of this section shall remain in effect only until January 1, 1991, and as of that date are repealed unless an ordinance which is enacted before January 1, 1991, deletes or extends that date. (Ord. 9760 515, 1985: Ord. 9060 S2000). (d) Failure by the city to meet the deadlines specified 449-1 (Carlsbad 9/85) I 21.54.020--21.54.060 21.54.020 Acceptability of signatures on applications. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council. (Ord. 9060 S2001). 21.54.030 Applications a part of permanent record, Applications filed pursuant to this title shall be num- bered consecutively in the order of their filing, and shall become a part of the permanent official records of the agency to which application is made, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto. (Ord. 9060 S2002). 21.54.040 Filing fees. A fee in an amount established by city council resolution shall be paid at the time an application for a development permit- for approval or the approval of a change in zone or general plan boundaries reclassifications is filed. or deemed accepted until the appropriate fee or fees have been paid. (Ord. 9760 S16, 1985: Ord. 9568 S5, 1980: Ord. 9220 S1, 1968: Ord. 9060 S2003). No application shall be accepted 21.54.050 Setting of hearing. All proposals for amending zone or general plan boundaries reclassifications or for the granting of any development permit or approval requiring a hearing as provided in this title shall be set for hearing by the land use planning manager when such hear- ings are to be held before the planning commission and by the city clerk for hearings to be held before the city council. (Ord. 9760 S17, 1985: Ord. 1256 SlO(part1, 1982; Ord. 9060 S2004). 21.54.060 Notices. Notice of public hearings shall be given as follows: - (1) When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be given in all of the following ways: (a) Notice of the hearing shall .be mailed or de- livered at least ten days prior to the bearing to the owner of the subject real property, the owner's duly authorized agent, or to the project applicant. delivered at least ten days prior to the hearing to each (b) Notice of the hearing shall be mailed or 449-2 (Carlsbad 9/85) 21.54.061--21.54.062 local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected by the project. Notice of the hearing shall be mailed or de- livered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within six hundred feet, or three hundred feet for variance applications, of the real property that is the subject of the hearing. In lieu of utilizing the assess- ment roll, records of the county assessor or tax collector which contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subparagraph is greater than one thousand in lieu of mailed or delivered notice, the city manager may permit notice to be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city at least ten days prior to the hearing. If the notice is mailed or delivered pursuant to subparagraph (c), the notice shall also either be: least one newspaper of general circulation within the city at least ten days prior to the hearing; ing in at least three public places in the city, including one public place in the area directly affected by the proceeding. When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing. (Ord, 9758 515, 1985: Ord. 9536 S1, 1979: Ord, 9428 S1, 1975: Ord. 9060 52005.) (c) (d) (i) published pursuant to Section 6061 in at (ii) posted at least ten days prior to the hear- (2) 21.54.061 Content of notice. The notice given pursuant to Section 21.54.060 shall include the date. time and Dlace c- -- of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. (Ord. 9758 516, 1985). 21.54.062 Additional notice to persons requesting it. Notice given pursuant to Section 21.54.060 shall also be mailed or delivered at least ten days prior to the hearing to any person who has filed a written request for notice with the city clerk. lished by city council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed. (Ord. 9758 517, 1985). The city clerk shall charge a fee estab- 449-3 (Carlsbad 9/85) 21.54.063--21.54.064 21.54.063 Failure to receive notice. The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to in- validate the action for which the notice is given. decision-making body receives substantial evidence that notice has not been given as required by this chapter, then the decision-making body may continue the matter for hearing after proper notice has been given. (Ord. 9758 S18, 1985). If a 21.54.064 Applicant's responsibilities. (a) The applicant for any action requiring a noticed public hearing shall provide the city with a list of persons or entities to whom notice must be given and the addresses of such persons. The applicant shall also provide stamped, addressed envelopes for mailing notice. The list and the envelopes, if required, shall be provided to the city not more than forty-five nor less than thirty days prior to the time the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds one thousand the applicant may, in lieu of providing the stamped, addressed envelopes, pro- vide an appropriate display advertisement. shall verify the accuracy of the list and the addresses. The secretary of the planning commission or the city clerk shall be responsible for informing the applicant of the date a matter is scheduled for hearing. notice required by this chapter. (Ord. 9758 S19, 1985). The applicant (b) The applicant shall pay the cost of providing the 450 (Carlsbad 9/85) - 21.54.070--21.54.130 21.54.070 Required wording of notices. Such public notice of hearings on zone reclassifications, amendments, variances or conditional use permits shall consist of the words "Notice of Proposed Change of Zone Boundaries or Classification" or "Notice of Proposed Variance" or "Notice of Proposed Conditional Use Permit", as the case may be, setting forth the description of the property under consid- eration, the nature of the proposed change or use, and the time and place at which the public hearing or hearings on the matter will be held. (Ord, 9060 S2006). 21.54.080 Investigations, The planning commission shall cause to be made by its own members, or members of its sfaff, such investigation of facts bearing upon an application set for hearing that will assure action on each case consistent with the purpose of this title, pre- vious amendments or variances. (Ord. 9060 S2007). 21.54.090 Rule establishment for conduct of hear- ings. ing the conduct of public hearings conducted by it. 9060 S2008). The planning commission may establish rules govern- Cord. 21.54.100 Hearing continuance without public notice. If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice is required. (Ord. 9060 S2009). 21.54.110 Permanent files shall include summary of testimony. A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this ordinance, and the names of persons testifying shall be recorded and made a part of the per- manent files of the case. (Ord. 9060 S2010). 21.54.120 General plan amendments, All provisions of this chapter applicable to the amendment of zone classifica- tions shall also apply to amendments to the general plan or to any of the elements thereof. (Ord. 9379 S2, 1974). No application for a zone change, general plan amendment, planned development, variance, conditional use permit, site development plan, specific plan, master plan or other permit, or any amendment to a previously issued permit or plan shall be accepted if a substantially similar application has been 21.54.130 Restriction on reapplication after denial. 450-1 (Carlsbad 3/85) 21.54.140 finally denied within one year prior to the application date. The land use planning manager shall determine if the subsequent application is substantially similar to the previously denied application. The decision of the land use planning manager shall be final. (Ord. 9744 S1, 1984). 21.54.140 Appeal of planning director decisions. (a) This section shall apply to those decisions or deter- minations of the planning director made pursuant to this title for which an appeal process is not otherwise specifically established. (b) Whenever the planning director is authorized pursuant to this title to make a decision or determination such decision or determination 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 planning director's decision. The planning director's decision or determination shall be made in writing. The date of the decision 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. commission action on an appeal shall be final. (Ord. 9807 S2, 1986). The planning 450-2 (Car lsbad 10 /8 6 )