HomeMy WebLinkAbout2013-01-08; City Council; 21096; Introduce CS-199 Renaming Housing RedevelopmentCITY OF CARLSBAD - AGENDA BILL 18
AB#
MTG.
DEPT.
21,096
1/8/2013
CA
Introduce Ordinance No. CS-199
Renaming ttie Housing and
Redevelopment Commission to the
Community Development Commission
and Amending Carlsbad Municipal
Code Sections 2.40.010, 2.40.060(7),
21.54.140(a) and 21.54.150(a)
Accordingly
DEPT. DIRECTOR
CITY ATTORNEY ^^g.
CITY MANAGER <^
RECOMMENDED ACTION:
Introduce Ordinance No. CS-199 amending CMC sections 2.40.010, 2.40.060(7),
21.54.140(a) and 21.54.150(a) to change references from the Housing and Redevelopment
Commission to the Community Development Commission.
ITEM EXPLANATION:
Health & Safety Code section 33100 authorized in each California city, a redevelopment
agency a public body, corporate and politic, for purposes of exercising the powers granted by
the Community Redevelopment Law. On April 20, 1976 the City Council first created the City of
Carlsbad Redevelopment Agency with the adoption of Ordinance No. 1191 and declared in
Ordinance No.1192, the City Council to be the Redevelopment Agency
On November 6, 1979, the City Council adopted Ordinance No. 1223 in accordance with the
State Health and Safety Code allowing the Housing Authority (the local agency which
administers public housing programs) and Redevelopment Agency operations to be earned out
under a single operating board. This action merged the Redevelopment Agency and the
Housing Authority to create a Community Development Commission to be known as the
Carlsbad Housing and Redevelopment Commission.
With the passage of ABxl 26, effective June 27, 2012, all redevelopment agencies in the State
of California were dissolved and consequently the City of Carlsbad Redevelopment Agency is
no longer a legal entity. Likewise there is no longer a governing body known as the
Redevelopment Commission for the dissolved Redevelopment Agency.
On October 17, 2012, the Planning Commission conducted a public hearing and adopted
Planning Commission Resolution No. 6918 which recommended approval of amendments to
the Carlsbad Municipal Code to modify references to the Housing and Redevelopment
Commission (MCA 12-03).
DEPARTMENT CONTACT:
FOR CITY CLERKS USE ONLY. ^
COUNCIL ACTION: APPROVED 2^,
DENIED •
CONTINUED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF O
OTHER-SEE MINUTES •
Page 2
The attached Ordinance amends portions of Title 2 and Title 21 ofthe Carlsbad Municipal Code
to modify references to the Housing and Redevelopment Commission to the "Community
Development Commission." The Community Development Commission shall retain the
functions of the former Housing and Redevelopment Commission with regard to housing and
acting upon recommendations of the Housing Commission pursuant to Carlsbad Municipal
Code Title 2, Chapter 2.40.010. The Community Development Commission shall continue to
be the City Council.
FISCAL IMPACT
There is no fiscal impact to the City resulting from this action.
ENVIRONMENTAL IMPACT:
The proposed action does not qualify as a "project" under the California Environmental Quality
Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or
reasonably foreseeable indirect physical change in the environment.
EXHIBITS:
1. Planning Commission Resolution No. 6918
2. Ordinance No. CS-199
3. Redlined sections of Carlsbad Municipal Code.
1 PLANNING COMMISSION RESOLUTION NO. 6918
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
^ APPROVAL OF AMENDMENTS TO CARLSBAD
MUNICIPAL CODE SECTIONS 21.54.040(B), 21.54.140(A)
AND 21.54.150(A) TO CHANGE REFERENCES TO THE
HOUSING AND REDEVELOPMENT COMMISSION TO THE
COMMUNITY DEVELOPMENT COMMISSION.
6 CASE NAME: MODIFY REFERENCES TO HOUSING &
REDEVELOPMENT COMMISSION
7 CASE NO.: MCA 12-03
9
10
11
12
13
14
15
WHEREAS, the City Planner has prepared a proposed amendment pursuant to
Section 21.52.020 ofthe Carlsbad Municipal Code to: amend various sections ofthe Zoning
Ordinance (Title 21) referencing the Housing and Redevelopment Commission; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit "X" dated October 17, 2012, and attached hereto as MODIFY
REFERENCES TO HOUSING & REDEVLEOPMENT COMMISSION - MCA 12-02; and
WHEREAS, the Planning Commission did on October 17, 2012, hold a duly
16 noticed public hearing as prescribed by law to consider said request; and
17 WHEREAS, at said public hearing upon hearing and considering all testimony
^ ^ and arguments, if any, of all persons desired to be heard, said Commission considered all factors
relating to the component ofthe Municipal Code Amendment that consists of amendments to the
Zoning Ordinance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
19
20
21
22
23
24
25 B) That based on evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL ofthe component of MODIFY REFERENCES
26 TO HOUSING & REDEVELOPMENT COMMISSION - MCA 12-03 that
consists of amendments to Title 21 of the Carlsbad Municipal Code (Zoning
27 Ordinance), based on the following findings:
28
1 Findings:
2 1. That the proposed Mimicipal Code Amendment MCA 12-03 that consists of amendments
to Title 21 of the Carlsbad Municipal Code (Zoning Ordinance), is consistent with the
^ General Plan in that it does not conflict with any goal, objective or policy of the
4 General Plan.
5 2. That the proposed Municipal Code Amendment MCA 12-03 that consists of amendments
to Title 21 ofthe Carlsbad Municipal Code (Zoning Ordinance), reflects sound principles
6 of good planning in that it is consistent with the General Plan and ensures internal
consistency with the procedures and standards of the other provisions of the Zoning
7 Ordinance that are not proposed for amendment.
^ 3. That the proposed Municipal Code Amendment MCA 12-03 that consists of amendments
to Title 21 of the Carlsbad Municipal Code (Zoning Ordinance), is consistent with the
adopted McClellan-Palomar Airport Land Use Compatibility Plan amended December,
IQ 2011, in that the proposed Zone Code Amendment does not involve any land use
changes within the Airport Influence Area and therefore does not affect
11 compatibility with the safety and noise criteria.
12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission ofthe City ofCarlsbad, held on October 17,2012, by the following vote, to wit:
14
15
16
17
18
19
20
21
MICHAEL SCHUMACHER, Chairperson
22 CARLSBAD PLANNING COMMISSION
AYES: Chairperson Schumacher, Commissioners Arnold, Black,
L'Heureux, Nygaard and Siekmann
NOES:
ABSENT: Commissioner Scully
ABSTAIN:
ATTEST:
23
24
25
26
DON NEU
27 City Planner
28 PC RESO NO. 6918 -2-
"^^^^^^-Exhibit "X"
October 17, 2012
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A MUNICIPAL
CODE AMENDMENT CONSISTING OF AMENDMENTS TO
TITLE 2 AND TITLE 21 OF THE CARLSBAD MUNICIPAL
CODE TO MODIFY REFERENCES TO THE HOUSING
AND REDEVELOPMENT COMMISSION.
CASE NAME: MODIFY REFERENCES TO HOUSING &
REDEVELOPMENT COMMISSION
CASE NO.: MCA 12-03
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Section 2.40.010 of the Carlsbad Municipal Code is
amended to read as follows:
2.40.010 Established.
Pursuant to Section 34291 of the California Health and Safety Code, a housing
commission is created as an advisory body to the city council and community
development commission.
SECTION 2: That Section 2.40.060 of the Carlsbad Municipal Code is
amended to read as follows:
2.40.060 Functions.
The housing commission shall advise and make recommendations to the
community development commission and/or the city council on the following matters:
1. Establishment of, or amendment of affordable housing programs, policies
and regulations; . . ^
2. Adoption of, or amendments to, the general plan housing element, and
related strategies or programs;
3. Review of project concept and affordability objectives of off-site combined
projects as defined by Chapter 21.85 of this code and located outside of the master plan
area, specific plan area or subdivision which has the inclusionary housing requirement;
4. Requests for financial assistance and/or incentives for the development of
affordable housing projects;
5. Requests to sell or purchase affordable housing credits for
transaction/purchases often credits or more to satisfy an inclusionary housing obligation;
6. The commission shall annually report to the city council on the status and
progress of affordable housing programs;
7. Other special assignments as requested by the community development
commission and/or city council as related to the development of affordable housing.
SECTION 3: That Section 21.54.040(B) of the Carlsbad Municipal Code
is amended to read as follows:
B. For purposes of this section, "city planner" shall be interchangeable with
"city engineer" and "housing and neighborhood services director", and "city council" shall
be interchangeable with "community development commission".
9
10
11
12
13
14
15
16
17
i:
19
20
21
22
23
24
25
26
27
28
SECTION 4: That Section 21.54.140(A) of the Carlsbad Municipal Code
is amended to read as follows:
A. This section shall apply to those decisions or determinations of the city
planner or housing and neighborhood services director made pursuant to this title or city
planner determinations pursuant to Title 19 or Title 20. Accordingly, in this section,
"housing and neighborhood services director" shall be interchangeable with "city planner;"
"housing and neighborhood services department" shall be interchangeable with "planning
division;" and "community development commission" shall be interchangeable with "city
council."
SECTION 5: That Section 21.54.150(A) of the Carlsbad Municipal Code
is amended to read as follows:
A This section shall apply to those decisions or determinations of the
planning commission made pursuant to this title or Title 19. Accordingly, in this section,
"housing and neighborhood services director" shall be interchangeable with "city planner;"
"housing and neighborhood services department" shall be interchangeable with "planning
division;" and "community development commission" shall be interchangeable with "city
council."
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 the a
j summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Cadsbad within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City
Council on the day of . 2012, and thereafter.
///
///
I ///
///
///
I HI
I///
///
///
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of , 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
ATTACHMENT 2
MODIFYING REFERENCES TO HOUSING AND REDEVELOPMENT COMMISSION
MCA 12-03
PROPOSED TEXT CHANGES TO THE CARLSBAD MUNICIPAL CODE SHOWN IN
STRIKETHROUGH/UNDERLINE FORMAT
AMENDMENTS TO TITLE 2
ADMINISTRATION AND PERSONNEL
CHAPTER 2.40
HOUSING COMMISSION
Section 2.40.010
2.40.010 Established.
Pursuant to Section 34291 of the California Health and Safety Code, a housing
commission is created as an advisory body to the city council and ImfSiiiy -dfi4
fe€te¥eJ-0#fReRteomrnunity deve 1 opment commission.
Section 2.40.060
2.40.060 Functions.
The housing commission shall advise and make recommendations to the ImusiRg and
fe0evelefifwef>4 community developnient commission and/or the city council on the following
matters:
1. Establishment of, or amendment of affordable housing programs, policies
and regulations;
2. Adoption of, or amendments to, the general plan housing element, and
related strategies or programs;
3. Review of project concept and affordability objectives of off-site combined
projects as defined by Chapter 21.85 of this code and located outside of the master plan area,
specific plan area or subdivision which has the inclusionary housing requirement;
4. Requests for financial assistance and/or incentives for the development of
affordable housing projects;
5. Requests to sell or purchase affordable housing credits for
transaction/purchases often credits or more to satisfy an inclusionary housing obligation;
6. The commission shall annually report to the city council on the status and
progress of affordable housing programs;
Page 1
ATTACHMENT 2
7. Other special assignments as requested by the homm^—and
fe4e¥elQfiffleRlGQ mm unity development commission and/or city council as related to the
development of affordable housing.
AMENDMENTS TO TITLE 21
ZONING
CHAPTER 21.64
PROCEDURES, HEARINGS, NOTICES AND FEES
Section 21.54.040(B)
B. For purposes of this section, "city planner" shall be interchangeable with "city
engineer" and "housing and neighborhood services director", and "city council" shall be
interchangeable with "hmmm~-m^m4e¥ekm^&f^cQ m m u n it y d e ve I o p m. e nt commission".
Section 21.54.140 (A)
A. This section shall apply to those decisions or determinations of the city planner or
housing and neighborhood services director made pursuant to this title or city planner
determinations pursuant to Title 19 or Title 20. Accordingly, in this section, "housing and
neighborhood services director" shall be interchangeable with "city planner;" "housing and
neighborhood services department" shall be interchangeable with "planning division;" and
"hews»f,3 31 i4--pe4e¥€l0pfi#FttcQmmunity development commission" shall be interchangeable
with "city council."
Section 21.54.150 (A)
A. This section shall apply to those decisions or determinations of the planning
commission made pursuant to this title or Title 19. Accordingly, in this section, "housing and
neighborhood services director" shall be interchangeable with "city planner;" "housing and
neighborhood services department" shall be interchangeable with "planning division;" and
"hmsmq ^fi4-''fe4melBpmB^cgmmi commission" shall be interchangeable
with "city council."
Page 2
1
2
3
4
5
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ORDINANCE NO, CS-199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A MUNICIPAL
CODE AMENDMENT CONSISTING OF AMENDMENTS TO
TITLE 2 AND TITLE 21 OF THE CARLSBAD MUNICIPAL
CODE TO MODIFY REFERENCES TO THE HOUSING
AND REDEVELOPMENT COMMISSION.
CASE NAME: MODIFY REFERENCES TO HOUSING &
REDEVELOPMENT COMMISSION
CASE NO.: MCA 12-03 .
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Section 2.40.010 of the Carlsbad Municipal Code is
9 amended to read as follows:
2.40.010 Established.
Pursuant to Section 34291 of the California Health and Safety Code, a housing
commission is created as an advisory body to the city council and community
development commission.
SECTION 2: That Section 2.40.060 of the Carlsbad Municipal Code is
amended to read as follows:
2.40.060 Functions.
The housing commission shall advise and make recommendations to the
community development commission and/or the city council on the following matters:
1. Establishment of, or amendment of affordable housing programs, policies
and regulations;
2. Adoption of, or amendments to, the general plan housing element, and
related strategies or programs;
3 Review of project concept and affordability objectives of off-site combined
projects as defined by Chapter 21.85 of this code and located outside of the master plan
area, specific plan area or subdivision which has the inclusionary housing requirement;
4. Requests for financial assistance and/or incentives for the development of
affordable housing projects;
5. Requests to sell or purchase affordable housing credits for
transaction/purchases of ten credits or more to satisfy an inclusionary housing obligation;
6. The commission shall annually report to the city council on the status and
progress of affordable housing programs;
7. Other special assignments as requested by the community development
commission and/or city council as related to the development of affordable housing.
SECTION 3: That Section 21.54.040(B) of the Carlsbad Municipal Code
26 II is amended to read as follows:
27 II B. For purposes of this section, "city planner" shall be interchangeable with
"city engineer" and "housing and neighborhood services director", and "city council" shall
28 II be interchangeable with "community development commission".
SECTION 4: That Section 21.54.140(A) of the Carlsbad Municipal Code
is amended to read as follows:
A This section shall apply to those decisions or determinations of the city
planner or housing and neighborhood services director made pursuant to this title or city
planner determinations pursuant to Title 19 or Title 20. Accordingly, m this s^^^^^^^^^
"housing and neighborhood services director" shall be interchangeable wi h c ty planner,
"housing and neighborhood services department" shall be interchangeable wi h planning
division;' and "community development commission" shall be interchangeable with city
council."
SECTION 5: That Section 21.54.150(A) of the Carlsbad Municipal Code
is amended to read as follows:
A This section shall apply to those decisions or determinations of the
planning commission made pursuant to this title or Title ^ Accordingly in th^^^^^^^^
'housing and neighborhood services director" shall be interchangeable wi h c ty Planner,
"housing and neighborhood services department" shall be interchangeable wi h panning
division^ and "community development commission" shall be interchangeable with city
council."
EPPECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the a
summary of the ordinance prepared by the City Attomey to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its
adoption.
I///
///
I///
///
///
///
///
///
I///
///
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
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 8^' day of January, 2013, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of . 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
JANE MOBALDI, Interim City Attorney
MATT HALL, Mayor
ATTEST:
KAREN R. KUNDTZ, Assistant City Clerk