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Home My WebLink AboutLCPA 95-06; Appellate Procedures; Local Coastal Program Amendment (LCPA)t A REPORT T Item NO. @) P.C. AGENDA OF: NOVEMBER 1, 1995 Application complete date: N/A Project Planner: Chris DeCerbo Project Engineer: SUBJECT ZCA 95-06LCPA 95-06 - APPELLATE PROCEDURES - A Zone Code Amendment and Local Coastal Program Amendment to allow individual members of the City Council to appeal otherwise appealable planning matters to the full Council, requiring specificity with regard to the reasons for the appeal, and providing for the burden of proof upon such appeal. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3818 and 3819, RECOMMENDING APPROVAL of ZCA 95-06 and LCPA 96-06 based on the findings contained therein. 11. INTRODUCTION The City Council has requested that staff prepare procedures which would allow a member of the Council to appeal decisions of the Planning Commission, Design Review Board, or Planning Director that are currently subject to appeal apparently only by the applicant or members of the public. Staff has prepared amendments consistent with recent court decisions that would accomplish the Council's request. Additionally, staff has taken the opportunity to propose amendments to the code relating to appeals in general to avoid matters which have been found defective by the courts. 111. PROJECT DESCRIIWON AND BACKGROUND The recent Court of Appeal decision in Cohan v. Citv of Thousand Oaks (1994) 30 Cal.App.4th 457 (as modified on denial of rehearing 12/21/94 1994 Cal.Lexis 1300) held that certain aspects of appeals of planning matters by a City Council to itself resulted in a deprivation of due process to the applicant for the underlying discretionary approval. The proposed ordinance remedies all the items in the Carlsbad Municipal Code relating to appeals found defective by the court. It allows individual members of the Council, but not the full Council, to appeal planning matters to the full Council by following the same appeal procedures required of other appellants. It adds similar provisions regarding Planning Director and Design Review Board decisions. c ZCA 95-06/LCPA 95-06 APPELLATE PROCEDURES NOVEMBER 1, 1995 PAGE 2 The proposed amendment adds a new requirement that the written appeal include the stated reasons for the appeal, so as to provide a focus for the decisionmakers' consideration of the appeal and the presentation of evidence by the applicant, the appellant, and the general public. It also newly assigns the burden of proof to the appellant with regard to the presentation of evidence determining whether or not the decision of the Planning Commission, Design Review Board or Planning Director will be sustained or overruled by the administrative appellate body upon appeal. The changes are shown on the attached Exhibit "A" in redline/strikeout format for your information. The City's Zoning Ordinance also functions as the implementing zoning for Carlsbad's Local Coastal Program (LCP). Accordingly, a Local Coastal Program Amendment is being processed to ensure consistency between the proposed amended zone code and the City's LCP. The ordinance provides that those sections of the amended ordinance applicable to the Coastal Zone @e., Section 21.80.080 and 21.81.080) will not become effective until approved by the Coastal Commission. Iv. ANALYSIS The proposed zone code amendment/local coastal program amendment is in compliance with the requirements of due process and is consistent with the principles of good planning, public necessity, convenience, and the public welfare by providing clarity to the appellate process where matters are appealable to the City Council or Planning Commission following otherwise final action by the Planning Commission, Design Review Board, or Planning Director. The proposed amendment would also be consistent with applicable Local Coastal Program standards, policies and provisions and will have no effect on coastal resources. Therefore, staff recommends approval of ZCA 95-06 and LCPA 95-06 based on the findings contained in the attached resolutions. The proposed ordinance changes are shown in redline/strikeout format as an attachment to Planning Commission Resolution No. 3819. V. ENVIRONMENTAL REVIEW This action is exempt from environmental review under CEQA in that the Planning Director has determined that there is no possibility that the activity may have a significant effect on the environment. ATTACHMENTS 1. 2. 3. 4. Exhibit "A". Planning Commission Resolution No. 3818 Planning Commission Resolution No. 3819 Notice of Exemption dated September 18, 1995 mkc September 23,1995 EXHIBIT "A" November 1, 1995 STRIKEOUT/REDLINE VERSION OF CHANGE TO TITLE 21 ORDINANCE APPROVING AMENDMENTS TO LCP "21.06.130 Effective date of order. The decision of the Planning Commission is final and effective ten W#kW ~.~,:~:~.,:~~~:j::j~~~~: days after the adoption of the resolution cw @ decision unless within such ten-day period "21.35.110 Appeal to housing and redevelopment commission. "21.45.073 Ap-peal of Planning Commission decision. conversion of residential real property to a planned development project, or any other - - -- - -- .. interested person 1 be appealed to the Planning Commission by filing a wri this section shall be established by resolution of the City Council. "21.47.073 Atmeal of Plannine Commission decision. pplicant or any other interested Derson i ml.iIal a ._. . . .:. . . .;_. . :x.. for filing an appeal under this section shall be established by resolution of the City Council. Upon the filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final." "21.50.100 Effective date of order for variance or conditional use Demit - Time for atmeal. - The order of the Planning Commission in granting or denying a variance or conditional use permit shall become final and effective ten calendar days after the rendering of its decision granting or denying the variance or conditional use permit unless within such period an appeal in writing is filed with the Ci 2 within such time limits shall stay the effective date of the order of the Planning Commission until such time as the City Council has acted on the appeal as hereafter set forth in this title. Fees for filing an appeal under this section shall be established by resolution of the City Council." "21.54.140 ApDeal of DIannine director decisions. (b) Whenever the Planning Director is authorized pursuant to this title to make a decision or determination such decision or determination is final unless the Commission within ten calendar days after the date of the Planning Director's decision. The Planning Director's decision or determination shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The Planning Commission action on an appeal shall be final. Fees for filing an appeal under this section shall be established by resolution of the City Council." "21.80.080 Appeal of Planainn Commission decision. Upon the filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final." 3 Upon the filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten calendar days following the conclusion of the hearing, the Housing and Redevelopment Commission shall render its decision on the appeal. The decision of the Hhousing and l$ivdevelopment &ommission is final. Fees for sling an appeal under this section shall be established by resolution of the City Council." . 4