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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this Charter takes effect and not in conflict herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper lawful action." Therefore the Carlsbad Municipal Code must be amended to clarify when general law provisions in the Code are no longer applicable.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 CONTINUED WITHDRAWN AMENDED eKnnn n CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES nnnn Page 2 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 io-A J- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, -1 - 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.