HomeMy WebLinkAbout2009-12-22; City Council; 20082; Amend CMC Sec 2.24.065 Eliminate Gen Plan Conf$(w
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20,082
12/22/09
Clerk
AMENDMENT OF MUNICIPAL CODE TO ELIMINATE
GENERAL PLAN CONFORMANCE FINDINGS BY
PLANNING COMMISSION
DEPT. HEAD
CITY ATTY.
CITY MGR.
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RECOMMENDED ACTION:
Adopt Ordinance No. 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, or when the City's Capital Improvement Program is adopted.
ITEM EXPLANATION:
Ordinance No. CS-071 was introduced and first read at the City Council meeting held on
December 8, 2009. The second reading allows the City Council to adopt the ordinance
which will become effective thirty days after adoption. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 20,064 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. CS-071.
DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2808,
karen.kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY. ^j
COUNCIL ACTION: APPROVED yCk
DENIED /n
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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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when general law provisions in the Code are no longer applicable; and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
21 as follows:
22 SECTION 1: That section 2.24.065 of the Carlsbad Municipal Code is
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amended to read as follows:
24
2.24.065 General plan conformance - Time for or waiver of
report
26 (a) The planning commission shall not be required to report
as to conformity with the general plan regarding real property
27 acquired by dedication or otherwise for street, square, park
or other public purposes, the disposition of real property,
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vacated or abandoned streets, and the construction or
1 authorization of a public building or structure. The city
2 council shall make a finding of consistency with the general
plan when approving any of the above.
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(b) The planning commission shall not be required to make
4 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
6 capital improvement program. The city council shall make
the general plan consistency finding when approving the
7 city's annual capital improvement program or any
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 AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 22nd day of December. 2009, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
APPROVED AS TO FORM AND LEGALITY:
ONALD R. BALL, City Attorney
, Mayor
ATTEST:
LORRAINE M.(WOOD, City Cl
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