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HomeMy WebLinkAbout1988-11-22; City Council; 9720; Amending Title 21, chapter 21.54 regarding noticesI- AB# q?%?o MTG. 11m88 DEPT. CA CI".' OF CARLSBAD - AGENI" BILL TITLE: DEPT. HD. AMENDING TITLE 21, CHAPTER 21.54 CITY A REGARDING NOTICES ~~~ RECOMMENDED ACTION: If the Council concurs, introduce Ordinance No. d544 . ITEM EXPLANATION On January 1, 1989, state law will change requiring mailed notice of general plan amendments that effect the permitted uses or intensity of uses of real property to both the owner or agent and interested local agencies. In addition, state law will permit the combining of notices of general plan and zoning amendments. Carlsbad already requires general plan amendments to be noticed in the same manner as zone code amendments (CMC S21.54.120) which requires greater notice than the minimum specified under state law. However, the proposed amendment would make it clear that these notices of hearings are to be sent not only to the property owner or the property owner's duly authorized agent but also to the project applicant. The project applicant most often will be the property owner but there are exceptions when the project applicant is the City, another public entity, another developer, etc. The proposed amendment would also allow the combining of notices as permitted under state law. FISCAL IMPACT There may be a slight increase in the cost of mailing notices where the owner of real property and the project applicant are not identical, however, such costs have not been quantified. EXHIBIT Ordinance No. d5-trtL 1 2 3 4 5 6 7 a 9 10 11 12 18 19 20 21 22 23 24 25 26 27 20 NS-44 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.54 OF THE CARLSBAD MUNICIPAL CODE REGARDING NOTICES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended by the amendment of Section 21.54.060(1) (a) to read as follows: *#Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owners duly authorized agent and to the project applicant. I* SECTION 2: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended by the amendment of Section 21.54.120 to add a second paragraph to read as follows: *@If the hearings for general plan amendments are held at the same time as hearings for zone amendments under Chapter 21.52, the notice of such hearings may be combined with those required for general plan amendments under this section.I@ SECTION 3: This ordinance shall have a delayed operative date and shall become operative on January 1, 1989. 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 on the 8th day of November , 1988, and thereafter 1 2 3 4 5 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 22nd day of November I 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: