HomeMy WebLinkAbout2009-06-23; City Council; Resolution 2009-1601 CITY COUNCIL RESOLUTION NO. 2009-160
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENTS (TITLE 2, CHAPTERS 2.24 AND 2.26) TO
4 DISSOLVE THE DESIGN REVIEW BOARD AND TRANSFER
DUTIES OF SAID BOARD TO THE PLANNING COMMISSION.
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CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
6 AMENDMENTS
CASE NO. : LCPA9S-10faXlVZCA 95-10faXlVMCA 9S-01(axn
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WHEREAS, the effectiveness date for the Village Redevelopment Project Area Plan will expire
° as of July 21, 2009 and the date shall not be extended; and
Q WHEREAS, the City Council has determined that the Design Review Board will complete its
, Q service upon expiration of the Village Redevelopment Project Area Plan, and the Council desires to
dissolve said Design Review Board and transfer its duties to the Planning Commission of the City of
Carlsbad; and
12 WHEREAS, the proposed amendments are set forth in Ordinance No. CS-QfrO ; a^j attached
hereto; and
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WHEREAS, the City Council did on the date of this resolution hold a duly noticed public
14 hearing to consider said amendments; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, analyzing the information submitted by staff, and considering any
written comments received, the City Council considered all factors relating to the Municipal Code
1 „ Amendments.
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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a. That the above recitations are true and correct.
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b. That based on the evidence presented at the public hearing, the City Council hereby
21 APPROVES Municipal Code Amendments MCA 95-01(aXl) and INTRODUCES Ordinance
No. cs-040 repealing Title 2, Chapter 2.26, in its entirety thereby dissolving the Design
22 Review Board and amending Title 2, Chapter 2.24 to transfer the duties of the Design
Review Board to the Planning Commission of the City of Carlsbad.
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c. The proposed amendments will be effective thirty (30) days after approval date, in all areas
24 of the Village.
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LEGISLATIVE DRAFT
Chapter 2.24 PLANNING COMMISSION*
2.24.010 Created.
2.24.020 Composition-Appointment.
2.24.030 Absence from meetings.
2.24.040 Regular and adjourned meetings.*
2.24.050 Officers-Rule adoption-Records.
2.24.060 Duties.
2.24.065 General plan conformance-Time for or waiver of report.
2.24.070 Quorum and vote.
2.2*1.080 Design review board designated as planning commission for certain purposes.
* For statutory provisions directing the establishment of a planning agency and as to local planning
generally, see Gov. Code § 65100 et seq.
2.24.010 Created.
Under and pursuant to an act of the legislature of the state, known as the "conservation and planning
law," a planning commission for the city is created and established. (Ord. 1020 § 1)
2.24.020 Composition-Appointment.
The planning commission shall consist of seven members to be appointed by a majority vote of the
council, and of four ex officio members who shall be the community development director, the city
engineer, the city attorney and the planning director. Of the seven members of the commission first
appointed under this chapter, two shall be appointed for one-year terms, two shall be appointed for three-
year terms, and one shall be appointed for a four-year term. Their successors shall be appointed for
terms of four years. If a vacancy occurs otherwise than by expiration of term, it shall be filled by
appointment by a majority vote of the council for the unexpired portion of the term of the member so
vacating. The terms of ex officio members shall correspond to their respective official tenures. No ex
officio member shall be entitled to a vote. Each member shall hold office until he is reappointed or his
successor is appointed. (Ord. NS-676 §§ 1 (part), 2 (part), 2003; Ord. 1256 § 1, 1982: Ord. 1200 § 1,
1977: Ord. 1157 § 1, 1973: Ord. 1020 § 2)
2.24.030 Absence from meetings.
If a member of the planning commission is absent from three successive meetings of the commission
without cause, the planning director shall inform the mayor of such absence, who may therewith remove
the member from the commission without further notice. (Ord. NS-676 § 2 (part), 2003; Ord. 1261 § 2,
1983:Ord. 1020 §3)
2.24.040 Regular and adjourned meetings/
A regular meeting shall be held at least once a month, or more often if the planning commission may by
rule adopt. Any meeting held pursuant to rule of the planning commission, or any special meeting
advertised as a public hearing, shall be deemed a regular meeting. The commission may adjourn any
regular meeting from time to time to meet at a time and place specified at the regular meeting and any
such adjourned meeting shall be deemed to be a regular meeting. (Ord. 1020 § 4)
* For provisions on attendance of city manager at commission meetings, see § 2.12.125 of this code.
2.24.050 Officers-Rule adoption-Records.
The planning commission shall elect from among its appointed members a chairman and vice-chairman
to serve for a term of one year. It shall adopt rules for the transaction of business and shall keep a record
of the resolutions, transactions, findings and determinations, which record shall be a public record. (Ord.
1157 §2, 1973: Ord. 1020 §5)
2.24.060 Duties.
In addition to the duties specified by this chapter, the planning commission shall perform the duties and
have all the rights, powers and privileges specified and provided for by city or state law. For the village
review area, the planning commission shall be responsible for the administration of, and shall carry out
the duties specified in Chapter 21.35 and 21.81. (Ord. 9424 § 1, 1975: Ord. 1020 § 6)
2.24.065 General plan conformanee-Time for or waiver of report.
(a) The planning commission shall report as to conformity to the general plan 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.
(b) Pursuant to subdivision (a) of Section 65402 of the Government Code, a report as to conformity to the
general plan is not required 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, acquisitions, dispositions or abandonments for street widening, or
alignment projects are of a minor nature. (Ord. 9424 § 2,1975)
2.24.070 Quorum and vote.
(a) Four members of the planning commission shall constitute a quorum for the transaction of business.
(b) Except when otherwise provided by law, a majority vote of the quorum shall be required for any
planning commission action, provided that a recommendation for approval of a general plan amendment
shall be made by at least four affirmative votes.
(c) Tie votes shall constitute "no action," and the matter voted upon remains before the commission and is
subject to further commission consideration. If the commission is unable to take action on a matter before
it because of a tie vote, the matter shall be again considered at the next regular commission meeting. If
the matter receives a tie vote at the subsequent meeting, the matter shall be deemed denied.
(d) Every commissioner should vote unless disqualified by reason of conflict of interest. A commission
who abstains from voting acknowledges that a majority of the quorum may decide the question voted
upon. (Ord. NS-135§ 1, 1991; Ord. 1247§ 1, 1982; Ord. 1244§ 1, 1982: Ord. 1159 § 1, 1973)
2.24.080 Design review board designated as planning commission for certain
purposes.
Whenever in Title 20 or Title 21 it is provided that an action or a decision on a project, permit, or tentative
map shall be taken or made by the planning commission and such permit or project is processed
according to Chapter 21.35 and consolidated in the redevelopment permit under Section 21.35.120, then
the design review board shall act as the planning commission with respect to such project, permit or map.
(Ord. NS863§ 1, 2007: Ord. NS 330 §1, 1095: Ord. 126/1 § 2, 1982)
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ORDINANCE NO. CS-040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF
THE CARLSBAD MUNICIPAL CODE BY REPEALING
CHAPTER 2.26 IN ITS ENTIRETY TO DISSOLVE THE
DESIGN REVIEW BOARD AND AMENDING CHAPTER
2.24 TO REMOVE LANGUAGE REFERRING TO THE
DESIGN REVIEW BOARD AND TRANSFER DUTIES OF
SAID BOARD TO THE PLANNING COMMISSION.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
REVISIONS
CASE NO.: MCA 95-01 (AX1)
That the City Council of the City of Carlsbad, does ordain as follows:
Section I: That Chapter 2.26 of the Carlsbad Municipal Code is hereby
repealed in its entirety resulting in dissolution of the Design Review Board.
Section II: That Chapter 2.24 of the Carlsbad Municipal Code is amended to
read as follows to transfer the duties of the Design Review Board to the Planning
15 Commission of the City of Carlsbad:
16 Chapter 2.24 PLANNING COMMISSION*
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Sections:
2.24.010 Created.
2.24.020 Composition-Appointment.
2.24.030 Absence from meetings.
2.24.040 Regular and adjourned meetings.
2.24.050 Officers-Rule adoption-Records.
2.24.060 Duties.
2.24.065 General plan conformance-Time for or waiver of report.
2.24.070 Quorum and vote.
* For statutory provisions directing the establishment of a planning agency and as to local planning
generally, see Gov. Code § 65100 et seq.
2.24.010Created.
24 Under and pursuant to an act of the legislature of the state, known as the "conservation and
planning law," a planning commission for the city is created and established. (Ord. 1020 § 1)
2.24.020 Composition-Appointment.
The planning commission shall consist of seven members to be appointed by a majority vote of the
council, and of four ex officio members who shall be the community development director, the city
engineer, the city attorney and the planning director. Of the seven members of the commission first
appointed under this chapter, two shall be appointed for one-year terms, two shall be appointed for
three-year terms, and one shall be appointed for a four-year term. Their successors shall be
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1982: Ord. 1200 § 1,1977: Ord. 1157 § 1,1973: Ord. 1020 § 2)
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2.24.030 Absence from meetings.
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If a member of the planning commission is absent from three successive meetings of the
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appointed for terms of four years. If a vacancy occurs otherwise than by expiration of term, it shall
be filled by appointment by a majority vote of the council for the unexpired portion of the term of the
member so vacating. The terms of ex officio members shall correspond to their respective official
tenures. No ex officio member shall be entitled to a vote. Each member shall hold office until he Is
reappointed or his successor is appointed. (Ord. NS-676 §§ 1 (part), 2 (part), 2003; Ord. 1256 § 1,
commission without cause, the planning director shall inform the mayor of such absence, who may
therewith remove the member from the commission without further notice. (Ord. NS-676 § 2 (part),
2003; Ord. 1261 § 2, 1983: Ord. 1020 § 3)
2.24.040 Regular and adjourned meetings.*
A regular meeting shall be held at least once a month, or more often if the planning commission
may by rule adopt. Any meeting held pursuant to rule of the planning commission, or any special
meeting advertised as a public hearing, shall be deemed a regular meeting. The commission may
adjourn any regular meeting from time to time to meet at a time and place specified at the regular
meeting and any such adjourned meeting shall be deemed to be a regular meeting. (Ord. 1020 § 4)
* For provisions on attendance of city manager at commission meetings, see § 2.12.125 of this
code.
2.24.050 Officers-Rule adoption-Records.
The planning commission shall elect from among its appointed members a chairman and vice-
chairman to serve for a term of one year. It shall adopt rules for the transaction of business and
shall keep a record of the resolutions, transactions, findings and determinations, which record shall15 ,
be a public record. (Ord. 1157 § 2,1973: Ord. 1020 § 5)
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2.24.060 Duties.
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In addition to the duties specified by this chapter, the planning commission shall perform the duties
and have all the rights, powers and privileges specified and provided for by city or state law. For
the village review area, the planning commission shall be responsible for the administration of, and
shall carry out the duties specified in Chapter 21.35 and 21.81 of the Carlsbad Municipal Code
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(Ord. 9424 § 1, 1975: Ord. 1020 § 6)
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2.24.065 General plan conformance-Time for or waiver of report.21
(a) The planning commission shall report as to conformity to the general plan 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.
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(b) Pursuant to subdivision (a) of Section 65402 of the Government Code, a report as to conformity
to the general plan is not required 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, acquisitions, dispositions or
abandonments for street widening, or alignment projects are of a minor nature, (Ord. 9424 § 2,
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1975)
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business.
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(b) Except when otherwise provided by law, a majority vote of the quorum shall be required for any
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amendment shall be made by at least four affirmative votes.
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(c) Tie votes shall constitute "no action," and the matter voted upon remains before the commission
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2.24.070 Quorum and vote.
(a) Four members of the planning commission shall constitute a quorum for the transaction of
planning commission action, provided that a recommendation for approval of a general plan
and is subject to further commission consideration. If the commission is unable to take action on a
matter before it because of a tie vote, the matter shall be again considered at the next regular
commission meeting. If the matter receives a tie vote at the subsequent meeting, the matter shall
be deemed denied.
(d) Every commissioner should vote unless disqualified by reason of conflict of interest. A
commission who abstains from voting acknowledges that a majority of the quorum may decide the
question voted upon. (Ord. NS-135 § 1,1991; Ord. 1247 § 1,1982; Ord. 1244 § 1,1982: Ord. 1159
§1,1973)
1 Section 2. This ordinance shall be effective thirty days after its adoption for all
2 areas of the Village.
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4 of the City of Carlsbad on the day of , 2009, by the following vote,
10 wu:
AYES:
to wit:
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INTRODUCED AND FIRST READ at a Joint Special Meeting of the City Council
and Housing and Redevelopment Commission held on the 23rd day of June. 2009
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
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8 NOES:
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10 ABSENT:
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13 Approved as to form and legality
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16 Ronald R. Ball, City Attorney
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19 CLAUDE A. LEWIS, CHAIRMAN
20 ATTEST:
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24 LORRAINE M. WOOD, City Clerk
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