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Carlsbad City Zoning Code

CHAPTER 21

52 AMENDMENTS

§ 21.52.010 Purpose.

A. 
The purpose of this chapter is to establish the process and requirements to amend this title, the general plan, and the local coastal program, including amendments to the boundaries of land use designations and zones.
B. 
The process and requirements established by this chapter regarding amendments to the local coastal program are intended to be consistent with and shall not supersede the requirements of the California Coastal Act.
(Ord. CS-178 § XCIX, 2012)

§ 21.52.020 Amendment initiation.

A. 
Amendments to this title, the general plan, or local coastal program may be initiated by:
1. 
The verified application of one or more owners of property or building proposed to be changed or reclassified;
2. 
Resolution of intention of the City Council;
3. 
Resolution of intention of the Planning Commission;
4. 
The City Planner.
(Ord. CS-178 § XCIX, 2012)

§ 21.52.030 Application and fees.

A. 
An application to amend this title, the general plan, or local coastal program shall:
1. 
Be made in writing on a form provided by the City Planner;
2. 
State fully the circumstances and conditions relied upon as grounds for the application; and
3. 
Be accompanied by all other materials as specified by the City Planner.
B. 
At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
C. 
If the application is applicable to a specific parcel(s) of land, the application shall be made by the owner of the property affected or the owner's authorized agent. This paragraph shall not apply to an amendment initiated by the city. In addition to the provisions of subsection A of this section, such applications shall also include:
1. 
Adequate plans and a legal description of the property involved.
(Ord. CS-178 § XCIX, 2012)

§ 21.52.040 Notices and hearings.

Notice of an application to amend this title, the general plan, or the local coastal program shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. CS-178 § XCIX, 2012)

§ 21.52.050 Decision-making authority.

A. 
The City Council may approve or deny amendments to this title, the general plan, or local coastal program.
1. 
Before the City Council decision, the Planning Commission shall hear and consider the application and shall prepare a recommendation for the City Council that includes the reasons for the recommendation and the relationship of the proposed amendment to applicable provisions of this title, the general plan and local coastal program, and any applicable master or specific plan.
2. 
The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally approve, or deny amendments to this title, the general plan or local coastal program.
3. 
The City Council may make substantial modifications to the Planning Commission's recommendation on a proposed amendment to this title, the general plan, or local coastal program, including modifications not previously considered by the Planning Commission. The City Council, in its discretion, may refer said modifications back to the Planning Commission for recommendation.
B. 
Amendments to the local coastal program are also subject to approval by the California Coastal Commission.
(Ord. CS-178 § XCIX, 2012)

§ 21.52.060 Announcement of decision and findings of fact.

When a decision is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.
(Ord. CS-178 § XCIX, 2012)

§ 21.52.070 Effective date.

A. 
A decision of the City Council to amend the general plan or this title is final, conclusive and shall be effective thirty days after the City Council's adoption of the resolution (for amendments to the general plan) or ordinance (for amendments to this title).
B. 
Within the coastal zone, the City Council's approval of an amendment to the local coastal program shall not become effective until the amendment is approved by the California Coastal Commission, pursuant to Section 30514 of the Public Resources Code.
(Ord. CS-178 § XCIX, 2012)