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HomeMy WebLinkAboutLCPA 99-04; Appellate Procedures; Local Coastal Program Amendment (LCPA). ‘1 he City of Carlsbad Planning Department @Q- A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: July 21,1999 Application complete date: June 1, 1999 Project Planner: Eric Munoz Project Engineer: N/A SUBJECT: ZCA 99-06/LCPA 99-04 - APPELLATE PROCEDURES - Request for a zone code amendment and local coastal program amendment to clarify the procedure for appeals in land use planning matters. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4599 and 4600 RECOMMENDING APPROVAL, of Zone Code Amendment ZCA 99-06 and Local Coastal Program Amendment LCPA 99-04, based on the findings contained therein. 11. INTRODUCTION In March 1996, the City Council approved appellate procedures (ZCA 95-06LCPA 95-06) relating to land use planning matters. The proposed amendments focus on the issue of burden of proof and the resulting ability of the final decisionmaker to amend or reverse the lower decision. City Council direction to staff, based on the use of the current provisions, is to provide more flexibility to the final decisionmaker to affirm, amend or reverse the lower decision in the case. 111. PROJECT DESCRIPTION AND BACKGROUND The current appellate procedures require that an appellant carries the burden of proof to show how the lower decision was made in error and warranted a correction via the appeal. It also cloaked the lower decision in a presumption of correctness that limits the latitude of the Council in amending or reversing the lower decision. Prior to the 1996 code revisions which established the existing regulations, the hearings before the appellate body was “de novo”, that is, the appellate body could affirm, amend or reverse the lower decision so long as the ultimate decision is based on substantial evidence in the record. The proposed amendment presents a middle ground compromise whereby the burden of proof is still on the appellant, but the hearing is “de novo” so that the appellate body may affirm, amend or reverse the lower decision. Since the zone code amendment would apply citywide to land use planning matters, and the city contains coastal zone properties, a companion local coastal program amendment is necessary to effectuate the code changes within the coastal zone. LCPA 99-04 will be processed through the Coastal Commission subsequent to final city action. I 1 ZCA 99-06LCPA 99-04 - APPELLATE PROCEDURES July 21, 1999 Page 2 IV. ANALYSIS The proposed changes are being initiated by the City Attorney’s Office after consultations with City Councilmembers regarding the use and implementation of the current appellate procedures. The general feeling is that the current procedures are too restrictive to the point where an appeal could not be realistically amended or reversed by the appellate body. The City Attorney’s Office drafted the proposed zone code amendment ordinance as contained in Exhibit “X” attached to Planning Commission Resolution No. 4599. Also attached to this staff report is a redlinehike-out version of the ordinance. v. ENVIRONMENTAL REVIEW The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the State CEQA Guidelines and will not have any adverse significant impacts on the environment. Section 15061(b)(3) exempts projects which can be seen with certainty, will have no possibility of having a significant environmental impact. The proposed changes to appellate procedures qualifies for this exemption because the it is a technical amendment relating to the burden of proof on appeals. A Notice of Exemption will be issued by the Planning Director after project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 4599 (ZCA) 2. Planning Commission.Resolution No. 4600 (LCPA) 3. Exhibit “A” - Redline/Strike-out Version of Ordinance EM:eh RED LI N E/STRI KE-OUT VERSION “21.06.1 30 Effective date of order. The decision of the Planning Commission is final and effective ten calendar days after the adoption of the resolution of decision unless within such ten-day period an appeal in writing is filed with the City Clerk by an interested person. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. ~ .. .. The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. The filing of an appeal shall stay the effective date of the Planning Commission decision until such time as the City Council has acted on the appeal. Fees for filing an appeal under this section shall be established by resolution of the City Council.” “21.35.1 10 Appeal to housina and redevelopment commission. Except as provided in Section 21.35.100(c), the action of the design review board is final and effective ten calendar days after the adoption of the resolution of decision unless an interested person appeals a design review board decision on a minor project or nonadministrative variance or by filing a written appeal with the city clerk within such ten-day period. An individual member of the housing and redevelopment commission can be an interested person for the purposes of appeal. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the design review board is in error. .. { The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Housing and Redevelopment Commission is de - novo, but the Housing and Redevelopment Commission shall determine all matters not specified in the appeal have been found by the Design Review Board and are supported by substantial evidence. If the Housing and Redevelopment Commission finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Design Review Board, and make such order supported by substantial evidence as it deems appropriate, including remand to the Design Review Board with directions for further proceedings. The filing of an appeal shall stay the effective date of the design review board decision until such time as the housing and redevelopment commission has acted on the appeal. Fees for filing an appeal under this section shall be established by resolution of the city council. ‘‘ .. 1 “21.45.073 Appeal of planning commission decision. (a) The decision of the Planning Commission is final and effective ten calendar days after the adoption of the resolution of decision unless within such ten-day period the applicant, any resident of the subject property, in the case of a proposed conversion of residential real property to a planned development project, or any other interest person files a written appeal with the City Clerk. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. .. The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. The decision of the Planning Director on projects processed in accordance with Section 21.45.140 may be appealed to the Planning Commission by filing a written notice of appeal with the Planning Director within ten calendar days of the decision in the same manner and subject to the same burden of proof as appeals to the City Council. Fees 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.” “21.47.073 ApDeal of Planning Cornmission decision. (a) The decision of the Planning Commission is final and effective ten calendar days after the adoption of the resolution of decision unless within such ten-day period applicant or any other interested person files a written appeal with the City Clerk. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. .. .. ’ . The burden of proof is on hason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by Substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. The decision of the Planning Director on projects processed in accordance with Section 21.47.1 10 may be appealed to the Planning 2 .. Commission by filing a written notice of appeal with the Planning Director within ten calendar days of the decision in the same manner and subject to the same burden of proof as appeals to the City Council. Fees 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 permit - Time for appeal. 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 ten-day period an appeal in writing is filed with the City Clerk by an interested person. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. - .. .. < The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. The filing of such appeal 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 Appeal of planning 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 determination or decision is appealed by an interested person to the Planning Commission. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Director is in error. 5,- .. 1 The burden of proof is on the appellant to establish by substantial evidence assert that the reason(s) for the appeal exist. The hearing before the Planning Commission is de novo, but the Planning Commission shall determiner all matters not specified in the appeal have been found by the Planning Director and are supported by substantial evidence. If the Planning Commission finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Director, and make such order supported by substantial evidence as it deems 3 .. appropriate, including remand to the Planning Director with directions for further proceedings. The appeal shall be filled in writing with the secretary of the Planning 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 ADDeal of Plannina Commission decision. (a) the decision of the Planning Commission is final and effective ten calendar days after the adoption of the resolution of decision unless within such ten-day period the applicant or any other interested person files a written appeal with the City Clerk. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission in error. Tkn, z? 2 4 The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. 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.” .. .. .. “21.81.080 ApDeal of Carlsbad desian review board decision. (a) The action of the design review board is final and effective ten calendar days after the adoption of the resolution of decision unless the applicant or any other interested person files a written appeal within that time with the secretary to the housing and redevelopment commission. An individual member of the housing and redevelopment commission can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the design review board is in error. Th-&wwx c? & !x .. j The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Housing and Redevelopment Commission is - novo, but the Housing and Redevelopment Commission shall determine all matters not specified in the appeal have been found by the Design Review Board and are supported by substantial evidence. If the Housing and Redevelopment Commission finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Housing and Redevelopment Commission, and make such order supported by substantial evidence as it deems 4 .. appropriate, including remand to the Design Review Board with directions for further proceedings. 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 Housing and Redevelopment Commission shall render its decision on the appeal. The decision of the Housing and Redevelopment Commission is final.” 5