HomeMy WebLinkAbout2009-12-08; City Council; 20064; Amend Carlsbad Municipal Code Sections 2.24.065 Eliminate General Plan Conformance Findings by Planning CommissionCITY OF CARLSBAD - AGENDA BILL 11
AB# 20,064
MTG. 12/08/09
DEPT.
AMENDING CARLSBAD MUNICIPAL
CODE SECTIONS 2.24.065 TO
ELIMINATE GENERAL PLAN
CONFORMANCE FINDINGS BY
PLANNING COMMISSION
DEPT. HEAD
CITY ATTY.
CITY MGR. /UA—
RECOMMENDED ACTION:
Introduce Ordinance CS-071 amending section 2.24.065 of the Carlsbad Municipal Code
entitled General Plan Conformance -Time for or Waiver of Report to eliminate the necessity for
a Planning Commission General Plan consistency finding when real property is to be acquired
or disposed of, a street vacated or abandoned, a public building or structure constructed or
authorized, and for the City's Capital Improvement Program.
ITEM EXPLANATION:
The City of Carlsbad became a charter city as the result of the voter's adoption of the proposed
City charter at the special election of June 3, 2008. California Government Code 65700
provides that the provisions of the "Local Planning" chapter (Title 7, Article 13, Chapter 3) shall
not apply to a charter city, except to the extent that the provisions are adopted by charter or
ordinance (with limited exceptions relating to low and moderate income housing within the
coastal zone) except that charter cities must adopt a general plan including the mandatory
elements. Under the California Constitution, the City is no longer bound by the provisions of
general law with regard to local planning and zoning, which are deemed to be a municipal affair.
However, the City's adopted Charter, Article 1. Municipal Affairs, provides that "All lawful
ordinances, resolutions, rules and regulations, or portions thereof, enforced at the time this
Charter takes effect and not in conflict herewith, are hereby continued in force until the same
have been duly repealed, amended, changed or superseded by proper lawful action."
Therefore the Carlsbad Municipal Code must be amended to clarify when general law
provisions in the Code are no longer applicable.
Previously, as a general law city, the Planning Commission was required by Government Code
sections 65402(a) & (c) and Carlsbad Municipal Code Title 2, Chapter 2.24 (Planning
Commission Duties), section 2.24.065 (a), to report that an acquisition of real property by
dedication or otherwise, conforms with the general plan. Likewise, no real property could be
disposed of, no street vacated or abandoned, and no public building or structure constructed or
authorized, until the location, purpose and extent of such acquisition or disposition, street
vacation or abandonment, or public building or structure had been submitted to and reported on
by the planning commission as to conformity with the adopted general plan. Exceptions to
compliance applicable to general law cities if adopted by ordinance are currently listed in
section 2.24.065 (b).
DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891
FOR CITY CLERKS USE ONL Y.
COUNCIL ACTION: APPROVED
DENIED
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At times the prior review by the Planning Commission has been cumbersome since real estate
acquisitions and dispositions are often time sensitive. In any event all real estate dispositions,
public buildings and structures, as well as street abandonments and vacations are ultimately
approved by the City Council which in the case of acquisitions and public structures have been
conceptually authorized by the City Council prior to final approvals. Furthermore, Government
Code section 65402 provides that if the planning agency disapproves the location, purpose or
extent of such acquisition, disposition, or the public building or structure, the disapproval may
be overruled by the City Council.
For these reasons it will be recommended that Chapter 2.24, section 2.24.065 (a) be amended
to eliminate the requirement for a General Plan consistency determination by the Planning
Commission for the circumstances outlined above, now that Carlsbad is a charter City. The City
Council itself should make a General Plan consistency finding if and when it approves the
acquisition or disposition of property, a street vacation or abandonment, public building or
structure. This will result in a significant decrease in processing time and unnecessary delay in
processing the requisite approvals.
Another example of a municipal affair in local planning law is the requirement for general law
cities that the Capital Improvement Program be submitted annually to the planning commission
for review and report to the City Council as to the conformity with its adopted general plan
(Government Code section 65401). Since Carlsbad is now a charter city, this procedure is no
longer mandatory. The City Attorney's office is recommending that referral to the Planning
Commission for a General Plan consistency finding be eliminated as well, in order to streamline
the Capital Improvement Program (CIP) process, which is often time sensitive, particularly if
amendments are later required for some reason such as ensuring that a mitigation measure is
feasible for purposes of the California Environmental Quality Act. In approving the CIP or
amendment thereto, the City Council should make a General Plan consistency finding. It is
proposed that this procedural change be included in the amendment to Municipal Code section
2.24.065(b). This proposed processing change will result in a significant decrease in staff labor
and unnecessary delay in processing the requisite approvals.
FISCAL IMPACT:
There will be an unquantifiable savings in staff time and resources necessary for preparation of
the submittal of the above mentioned items to the Planning Commission for review and
recommendation.
ENVIRONMENTAL IMPACT:
The proposed code amendment has no potential for resulting in either a direct physical change
in the environment or a reasonably foreseeable indirect physical change in the environment and
therefore is not a "project" within the definition of that term under the California Environmental
Quality Act (Pub.Res. Code section 21065).
EXHIBITS:
1. Ordinance No. CS-071
2. Amended version of CMC 2.24.065
3. Redline version of CMC 2.24.065
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ORDINANCE NO. CS-071
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CARLSBAD MUNICIPAL CODE SECTION
2.24.065 TO ELIMINATE GENERAL PLAN
CONFORMANCE FINDINGS BY THE PLANNING
COMMISSION
WHEREAS, the City of Carlsbad became a charter city at the special
election of June 3, 2008; and
WHEREAS, under the California Constitution, the City is no longer
bound by the provisions of general law with regard to local planning and zoning
which are deemed a municipal affair; and
WHEREAS, the Carlsbad Municipal Code must be amended to clarify
when general law provisions in the Code are no longer applicable; and
WHEREAS, it is now recommended that CMC 2.24.065 be amended
to eliminate the requirement for a General Plan consistency determination by the
Planning Commission; and
WHEREAS, it is now recommended that the City Council make the
General Plan consistency finding when if and when it approves the acquisition or
disposition of property, a street vacation or abandonment, public building or structure;
and
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
SECTION 1: That section 2.24.065 of the Carlsbad Municipal Code is
amended to read as follows:
2.24.065 General plan conformance - Time for or waiver of
report
(a) The planning commission shall not be required to report
as to conformity with the general plan regarding real property
acquired by dedication or otherwise for street, square, park
or other public purposes, the disposition of real property,
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1 vacated or abandoned streets, and the construction or
authorization of a public building or structure. The city
2 council shall make a finding of consistency with the general
3 plan when approving any of the above.
4 (b) The planning commission shall not be required to make
a general plan consistency finding for the list of proposed
5 public works recommended for planning, initiation or
construction during the ensuing fiscal year for the city's
capital improvement program. The city council shall make
7 the general plan consistency finding when approving the
city's annual capital improvement program or any
8 amendments thereto.
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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 8th day of December. 2009, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of , 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
2.24.065 - General plan conformance - Time for or waiver of report
(a) The planning commission shall not be required to report as to conformity with the
general plan regarding real property acquired by dedication or otherwise for street,
square, park or other public purposes, the disposition of real property, vacated or
abandoned streets, and the construction or authorization of a public building or
structure. The city council shall make a finding of consistency with the general plan
when approving any of the above.
(b) The planning commission shall not be required to make a general plan consistency
finding for the list of proposed public works recommended for planning, initiation or
construction during the ensuing fiscal year for the city's capital improvement program.
The city council shall make the general plan consistency finding when approving the
city's annual capital improvement program or any amendments thereto.
2.24.065 - General plan conformance - Time for or waiver of report
(a) The planning commission shall not be required to report as to conformity te-with the
general plan regarding real property acquired by dedication or otherwise for street,
square, park or other public purposes, the disposition of real property, vacated or
abandoned streets, and the construction or authorization of a public building or
structure, as required pursuant to Section 65402 of the Government Code. When such
report is required as the result of a proposed division of land or some other project for
which planning commission action is required, it may be included as part of and at the
same time as the action taken by the planning commission on such proposed division of
land or other project. The city council shall make a finding of consistency with the
general plan when approving any of the above.
(b) The planning commission shall not be required to make a general plan consistency
finding for the list of proposed public works recommended for planning, initiation or
construction during the ensuing fiscal year for the city's capital improvement program.
Pursuant to subdivision (a) of Section 65402 of the Government Code, a report as to
conformity to the general plan is not reguired for a proposed subdivision or other project
which involves (1) the disposition of the remainder of a larger parcel which was acquired
and used in part for street purposes; (2) acquisitions, dispositions or abandonments for
street widening; or (3) alignment projects, provided such dispositions for street
purposes, acguisitions, dispositions or abandonments for street widening, or alignment
projects are of a minor nature. The city council shall make the general plan consistency
finding when approving the city's annual capital improvement program or any
amendments thereto.