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HomeMy WebLinkAbout2000-09-12; City Council; 15900; Amend Chapter 6.02 Of Municipal CodeCITY OF CARLSBAD - AGENDA BILL” AB# 15 700 TITLE MUNICIPAL CODE UPDATE, AMEND MTG. 9; 12. 00 CHAPTER 6.02 TO REFLECT REVISIONS TO SAN DIEGO COUNTY CODE OF REGULATORY DEPT. CA ORDINANCES; ORDINANCE INTRODUCTION; SET PUBLIC HEARING DEPT. HD. CITY ATTY. ’ CITY MGR. +I- RECOMMENDED ACTION: Introduce Ordinance No. fl$- 5sg to amend, in its entirety, Chapter 6.02 of the Carlsbad Municipal Code to reflect revisions to the San Diego County Code of Regulatory Ordinances, and set public hearing for September 26, 2000. ITEM EXPLANATION: Carlsbad Municipal Code (CMC) Chapter 6.02 adopts, by reference, those sections of Title 6 the San Diego County Code of Regulatory Ordinances that pertain to the subjects of health and sanitation. Chapter 6.02 was last amended in 1990. Subsequent to the most recent amendment of Chapter 6.02, the County amended sections of their code that have been adopted by the Carlsbad Municipal Code. Most of the amendments to the County Code have been minor and should not impact the CMC. It should be noted that in 1987 the County did repeal a chapter of its code related to camps and picnic grounds. At that time, a direct corresponding amendment was not reflected in the CMC. A comparison of the repealed County sections and CMC Chapters 5.24 (Trailers & Trailer Parks) and 11.32 (Parks and Beaches) does, however, suggest that sufficient regulations exist related to the repealed County sections. At this time the CMC should be amended to reflect revisions to the County Code. In addition, upon review by the City Attorney’s Office, it was determined that several sections of CMC Chapter 6.02 could be consolidated into one section. Finally, the Chapter’s penalty section was amended to provide the City Attorney with flexibility in negotiating plea agreements to reduce misdemeanor offenses to infractions in appropriate cases. The attached ordinance amends Chapter 6.02 in its entirety. When adoption or amending portions of a County Code by reference, state law requires that a public hearing be held on the proposed ordinance. The Council is asked to schedule a public hearing for September 26, , 2000 for interested persons to comment on the ordinance. FISCAL IMPACT There is no fiscal impact associated with the introduction or adoption of this Ordinance. ENVIRONMENTAL REVIEW: Pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378, this ordinance does not constitute a “project” within the meaning of CEQA and, therefore, does not require environmental review. EXHIBITS 1. List of County Code sections adopted by Chapter 6.02 2. Ordinance No. h/s’-55v to amend, in its entirety, Chapter 6.02 of the Carlsbad Municipal Code to reflect revisions to the San Diego County Code of Regulatory Ordinances. - SECTIONS OF SAN DIEGO COUNTY CODE TITLE 6 ADOPTED BY SECTION 6.02.010 OF THE CARLSBAD MUNICIPAL CODE Division 1 Food Division 4 Disease Control Division 5 Permit Fees and Procedures for Businesses and Health Regulated Activities. Division 6 Sanitation Regulations for Businesses Chapter 1 Applications, Permits and Fees Chapter 6 Bathhouses Chapter 9 Enforcement of State Housing Law Chapter 10 Permits for Apartments and Hotels Division 7 Water and Water Supplies Chapter 3 Public Swimming Pool Plans Chapter 4 Wells Division 8 Sewage and Refuse Disposal Chapter 3 Septic Tanks and Seepage Pits Chapter 6 Septic Tanks and Cesspool Cleaners Chapter 12 Medical Wastes Division 9 Unsanitary Premises 1 2 3 4 5 6 7 0 9 10 11 12 2 8 mwtn Yr- 13 98 fi OWgj ia35 14 ci$z$ ,5 9 a;32 gyro uaad 0* 16 F 0s a#? g-3 l7 5 10 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS 558 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING, IN ITS ENTIRETY, CHAPTER 6.02 THE CARLSBAD MUNICIPAL CODE TO REFLECT REVISIONS TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES. The City Council of the City of Carlsbad, California does ordain as follows: WHEREAS, Chapter 6.02 of the Carlsbad Municipal Code adopts, by reference, specific sections of the San Diego County Code of Regulatory ordinances that pertain to health and sanitation issues; and WHEREAS, subsequent to the adoption of Chapter 6.02, the County of San Diego amended specific sections of their Code of Regulatory Ordinances that have been adopted by.the Carlsbad Municipal Code; and WHEREAS, the City Council of the City of Carlsbad desires to amend Chapter 6.02 to reflect revisions to the San Diego County Code of Regulatory Ordinances and to consolidate certain sections contained therein, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Carlsbad, California, as follows: SECTION 1: That the above recitations are true and correct. SECTION 2: That existing Chapter 6.02 of the Carlsbad Municipal Code is repealed. SECTION 3: That Title 6 of the Carlsbad Municipal Code is amended by the addition of Chapter 6.02 to read as follows: Ordinance No. Ns 55s page 1 of 4 3 1 2 3 4 5 6 7 8 9 10 11 12 9 g mWOl 227 98 8 13 OW8 mj, 14 ;ggz ,o '19a 15 s&as oza? 16 KaKo 0g=l E 8 UEd p-0” l7 i3 18 19 20 21 22 23 24 25 26 27 28 “Chapter 6.02 Countv Code - Health and Sanitation Sections: 6.02.010 Adopted By Reference--Interpretation. 6.02.020 Violation. 6.02.040 Health Permit Fees. 6.02.040 Operation Of Mobile Food Preparation Units. 6.02.010 Adopted Bv Reference-Interpretation. A. The following Divisions and Chapters of Title 6 of the San Diego County Code of Regulatory Ordinance, as amended, and relating to the subjects of health and sanitation are adopted by reference as part of this code: Division 1 Food Division 4 Disease Control Division 5 Permit Fees and Procedures for Businesses and Health Regulated Activities. Division 6: Limited only to the Following Chapters: Chapter 1 Applications, Permits and Fees Chapter 6 Bathhouses Chapter 9 Enforcement of State Housing Law Chapter 10 Permits for Apartments and Hotels Division 7 Limited only to the Following Chapters: Chapter 3 Public Swimming Pool Plans Chapter 4 Wells Division 8 Limited only to the Following Chapters: Chapter 3 Septic Tanks and Seepage Pits Chapter 6 Septic Tanks and Cesspool Cleaners Chapter 12 Medical Wastes Division 9 Unsanitary Premises 6 Wherever the provisions incorporated as part of this code pursuant to subsection A of this section refer to a county board, territory, area, agency, official, employee or otherwise, it shall mean the corresponding board, territory, area, agency, official or employee or otherwise of the city, and if there is none, it shall means that the county entity is acting in the same capacity on behalf of the city. C. The definition of “apartment house” in section 66.1001 of Division 6 of Title 6 of the County Code of Regulatory Ordinances shall not include an ownership on an occupied condominium. “Condominium” is defined as an estate of real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building on such property. D. Section 67.301 of Division 7 of Title 6 (Review of Plans for Public Swimming Pools - Fee) is not adopted. Ordinance No. Ns 55s page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 2 g! mwm yr7 90”s” 13 UWgj duo SO-J5 14 .czIz Ug> 9 8 15 Ig" aNrn$ gyl?o at,z:ao 16 05-X E * ag$ c-5 l7 D 18 19 20 21 22 23 24 25 26 27 26 h 6.02.020 Violation. A. The provisions of Chapter 1.08 of this code shall apply to any violation of this chapter. Notwithstanding any other provisions of this code, any such violation constituting a misdemeanor may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. 6.02.30 Health Permlt Fees. A. Every person applying for a permit under the provisions of this chapter shall at the time of making an application for such permit pay a fee the exact amount which shall be determined by the county and kept on record by the County Department of Health Services and on file in the city clerk’s office. 6.02.040 Operation Of Moblle Food Preparation Units. A. No person shall drive or operate a mobile food preparation unit on any public street or private property unless all persons within such vehicle are seated. B. No person shall drive or operate a mobile food preparation unit on any public street or private property while cooking or food preparation is going on in such vehicle. “ EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in’ the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 13th day of September ,2000, and thereafter Ordinance No. NS 558 page 3 of 4 1 PASSED AND ADOPTED at a regular meeting of the City Council of the 2 City of Carlsbad on the day of , 2000, by the following vote, to 3 4 5 wit: AYES: NOES: 6 ABSENT: 7 8 APPROVED AS TO FORM AND LEGALITY 9 10 RONALD R. BALL, City Attorney 11 12 9 g mwm Yr- ab %%s 13 OW% iuo SOS4 14 .gdz Cg> 9 09 si;ij 15 0 g:fio- 09s 16 E <8Y >-"s 17 6 u 18 CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 19 20 21 22 23 24 25 26 27 28 Ordinance No. Ns 558 page 4 of 4 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 15, 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. San Marcos Dated at , California 15th this day of September, 2000 /\ This space is for the County Clerks Filing Stamp / Proof of Publication of Ordinance NS-558 3NG.Tl& CE lW@i8Y, GWEN that the City Cowreil ‘of th City af Carl&td will hold a public hearlnng at the Cit Council Chambers,- 1200 C;irl$bad Village 0rhr~ CarMad, California, on 8eptember 26, 2000, at 6.01 p.m., tb consider th8 amerldrntit of Cartsbad, Munici’pa Code Chapter 6.02 to reflect r~vltions to the San Diegc County Code of Regulatbry Oidinanceh, . Title 6, ’ fha pertains to health and sanitation issues. Copies of the proposed Ordinnnen k-c;i;~ *A nn I:G :- -- -‘-‘-“-.““, I.” Y”“) clll “,I llfq II the City Clerk’s of..-- ffm 17fM f?arlcIq Vjlhage m, - --p. mr1Y”YL Carl&ad, California,, anb are-nrmiv; +n n from 8:00 a.m. to 5:Od p.m “p’r L” 1 ,ubJic itisf&@r ., Lhnrh~ thrfir-k ri&.. . -wwra, LIW uuyrt rttuay, If YW~$ll@h~~~ ti, @rbpos& Qdinarrce N&658.. in au& YOU WV be l~~~8d@##s~ng only tho&. issues-icu )rjP?@& e@ md a\tf@pubffc heating tiescrib& in F’S mtl@A or !n wf@W C#r#$@Mdenct$ delfwgtred’$$& 4Y of Ca*b@ f;i&-Cl&* 0Iflti, at, Or pit& t& ‘*e y!$!$qmg. \ppliCanfkity &&h&bad' ,I- t;: .. :ARLSBAD CITY CBUNCIL egal68109. September 15,200O I I NORTH COUNTY TIMES Legal Advertising