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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. 5 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 6 AMENDMENTS CASE NO. : LCPA9S-10faXlVZCA 95-10faXlVMCA 9S-01(axn 1 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 13 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: 19 a. That the above recitations are true and correct. 20 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. 23 c. The proposed amendments will be effective thirty (30) days after approval date, in all areas 24 of the Village. 25 26 27 28 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) 5 6 7 8 9 10 11 12 13 14 18 19 20 21 25 26 27 28 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* 17 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 1 2 3 1982: Ord. 1200 § 1,1977: Ord. 1157 § 1,1973: Ord. 1020 § 2) 4 2.24.030 Absence from meetings. 5 If a member of the planning commission is absent from three successive meetings of the 6 7 8 9 10 11 12 13 14 23 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) 16 2.24.060 Duties. 17 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 18 19 ( (Ord. 9424 § 1, 1975: Ord. 1020 § 6) 20 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. 24 (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, 25 26 27 1975) 28 " 1 2 ( business. 3 (b) Except when otherwise provided by law, a majority vote of the quorum shall be required for any 4 amendment shall be made by at least four affirmative votes. 5 (c) Tie votes shall constitute "no action," and the matter voted upon remains before the commission 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 " 1 2 3 4 of the City of Carlsbad on the day of , 2009, by the following vote, 10 wu: AYES: to wit: 6 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 7 8 NOES: 9 10 ABSENT: 11 12 13 Approved as to form and legality 14 " 15 16 Ronald R. Ball, City Attorney 17 " 18 19 CLAUDE A. LEWIS, CHAIRMAN 20 ATTEST: 21 22 23 24 LORRAINE M. WOOD, City Clerk 25 " 26 27 28