HomeMy WebLinkAbout1988-11-22; City Council; 9720; Amending Title 21, chapter 21.54 regarding noticesI-
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MTG. 11m88
DEPT. CA
CI".' OF CARLSBAD - AGENI" BILL
TITLE: DEPT. HD.
AMENDING TITLE 21, CHAPTER 21.54 CITY A REGARDING NOTICES
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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
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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
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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: