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Home My WebLink About1995-11-15; Planning Commission; Resolution 38180 a 1 I/ PLANNING COMMISSION RESOLUTION NO. 3818 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, TO ALLOW INDIVIDUAL MEMBERS OF THE CITY COUNCIL TO APPEAL OTHERWISE APPEALABLE PLANNING MATIERS. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 95-06 WHEREAS, the City Council has requested staff present proposed proc 8 9 10 11 to allow individual members of the City Council to initiate the appeal of decisions Planning Commission, Design Review Board, or Planning Director which are otl subject to appeal to the City Council by members of the public and/or the applica: 12 WHEREAS, the Fourth District Court of Appeal decision in Cohan 13 WHEREAS, staff has prepared proposed revisions to accomplish tk 14 of Thousand Oaks imposes due process restrictions on such types of appeals; and l5 // Council’s goal consistent with the due process limitations of said decision; and 16 17 WHEREAS, such proposed changes take the form of a zone code amenc 18 11 and 19 WHEREAS, the Planning Commission did on the 1st day of November 20 and on the 15th day of November, 1995, hold a duly noticed public hearing as pres 21 I1 by law to consider said matter; and 22 23 WHEREAS, at said public hearing, upon hearing and considering all tes1 and arguments, if any, of all persons desiring to be heard, said Commission conside factors relating to the Zone Code Amendment. 24 25 26 28 Commission as follows: 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1; A) That the foregoing recitations are true and correct. 1 2 3 0 0 B) That based on the evidence presented at the public hearing, the Coma recommends APPROVAL of Zone Code Amendment, ZCA 95-06, acc to Exhibit(s) "X" , dated November 1,1995, attached hereto and made hereoc based on the following findings: 4 5 I. The proposed Zone Code Amendment is in compliance with the requirements 8 2. The Planning Director has determined that the project is exempt from envirom 7 convenience and the public welfare. 6 process and is consistent with the principles of good planning, public nec adoption of this ordinance amendment will cause a significant impact ( review under CEQA because it satisfies the basic rule that there is no possibilj Findings: 9 environment. 10 PASSED, APPROVED, AND ADOPTED at a regular meeting ' ' 12 Planning Commission of the City of Carlsbad, California, held on the 15th day of Novt II 1995, by the following vote, to wit: 13 14 !I AYES: Chairperson Welshons, Commissioners Compas, Erwi Monroy 15 16 17 18 NOES: Commissioners Noble and Savary ABSENT: Commissioner Nielsen ABSTAIN: None 19 20 21 22 23 ATEST KIM WLSHONS, Chairperson CARLSBAD PLANNINGCOMMI: 24 /I * 25 26 MICHAEL JXOLZMILLER Planning Director 27 28 PC RES0 NO. 3818 -2- 1 2 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 I 0 0 EXHll NOVEMBER 1, ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE RELATING TO APPELLATE PROCEDURES REGARDING PLANNING MATTERS TO ALLOW THE INDIVIDUAL MEMBERS OF THE CITY COUNCIL TO BE APPELLANTS AND TO PROVIDE UNIFORM PROCEDURES REGARDING THE TIME, FORM AND CONTENT OF APPEAL AND THE BURDEN OF PROOF UPON APPEAL. The City Council of the City of Carlsbad, California does ordain as i SECTION I: That Title 21, Chapter 21.06 of the Carlsbad Municipz is amended by the amendment of section 21.06.130 to read as follows: "21.06.130 Effective date of order. The decision of the Planning Commission is final and effective ten c; days after the adoption of the resolution of decision unless within such ten-day pe appeal in writing is filed with the City Clerk by an interested person. An individual n of the City Council can be an interested person. The filing of an appeal shall s effective date of the Planning Commission decision until such time as the City COUI acted on the appeal. Fees for filing an appeal under this section shall be establis resolution of the City Council." SECTION 11: That Title 21, Chapter 21.35 of the Carlsbad Municipa is amended by the amendment of section 21.35.110 to read as follows: "21.35.110 Appeal to housing and redevelopment commission. The action of the Design Review Board is final and effective ten calend after the adoption of the resolution of decision unless an interested person appeals a review board decision on a minor project or denial of any other project by filing a appeal with the City Clerk within such ten-day period. An individual member of t Council can be an interested person. The filing of an appeal shall stay the effective the Design Review Board decision until such time as the City Council has acted appeal. Fees for filing an appeal under this section shall be established by resolution City Council." SECTION 111: That Title 21, Chapter 21.45 of the Carlsbad Municipa is amended by the amendment of section 21.45.073(a) to read as follows: "21.45.073 Appeal of planning commission decision. (a) The decision of the Planning Commission is final and effectj calendar days after the adoption of the resolution of decision unless within such t 1 2 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 I 0 0 period the applicant, any resident of the subject property, in the case of a PI conversion of residential real property to a planned development project, or an interested person files a written appeal with the City Clerk. An individual membe City Council can be an interested party. The decision of the Planning Director on 1 processed in accordance with Section 21.45.140 may be appealed to the P Commission by filing a written notice of appeal with the Planning Director wit. calendar days of the decision in the same manner and subject to the same burden c as appeals to the City Council. Fees for filing an appeal under this section s established by resolution of the City Council." SECTION IV: That Title 21, Chapter 21.47 of the Carlsbad Municip; is amended by the amendment of section 21.47.073(a) to read as follows: "21.47.073 Appeal of planninp commission decision. (a) The decision of the Planning Commission is final and effect calendar days after the adoption of the resolution of decision unless within such period the applicant or any other interested person files a written appeal with tl Clerk. An individual member of the City Council can be an interested persol individual member of the City Council can be an interested party. The decision Planning Director on projects processed in accordance with Section 21.47.110 r appealed to the Planning Commission by filing a written notice of appeal with the PI Director within ten calendar days of the decision in the same manner and subject same burden of proof as appeals to the City Council. Fees for filing an appeal unc section shall be established by resolution of the City Council. Upon the filing of an appeal, the City Clerk shall set the matter for hearing. Such hearing shall be held within thirty days after the date of filing the Within ten days following the conclusion of the hearing, the City Council shall re1 decision on the appeal. The decision of the City Council is final." SECTION V: That Title 21, Chapter 21.50 of the Carlsbad Municipa is amended by the amendment of section 21.50.100 to read as follows: "21.50.100 Effective date of order for variance or conditional use PI Time for appeal. The order of the Planning Commission in granting or denying a vari: conditional use permit shall become final and effective ten calendar days after the rer of its decision granting or denying the variance or conditional use permit unless with ten-day period an appeal in writing is filed with the City Clerk by an interested persc individual member of the City Council can be an interested person. The filing c appeal within such time limits shall stay the effective date of the order of the P1 Commission until such time as the City Council has acted on the appeal as hereaf forth in this title. Fees for filing an appeal under this section shall be establisl resolution of the City Council." 1 Ill1 I 2 1 2 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 0 a SECTION VI: That Title 21, Chapter 21.54 of the Carlsbad Municip; is amended by the amendment of section 21.54.140(b) to read as follows: "21.54.140 Appeal of planning; director decisions. (b) Whenever the Planning Director is authorized pursuant to this make a decision or determination such decision or determination is final unlr determination or decision is appealed by an interested party to the Planning Comr An individual member of the City Council can be an interested party. The appeal : filed in writing with the secretary of the Planning Commission within ten calendar da the date of the Planning Director's decision. The Planning Director's deci! determination shall be made in writing. The date of the decision shall be the d writing containing the decision or determination is mailed or otherwise delivered person or persons affected by the decision or determination. The Planning Com action on an appeal shall be final. Fees for filing an appeal under this section I established by resolution of the City Council." SECTION VII: That Title 21, Chapter 21.80 of the Carlsbad Municip; is amended by the amendment of section 21.80.080(a) to read as follows: "21.80.080 Appeal of planning commission decision. (a) The decision of the Planning Commission is final and effect. calendar days after the adoption of the resolution of decision unless within such 1 period the applicant or any other interested person files a written appeal with tl Clerk. An individual member of the City Council can be an interested party. UI filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearil be held within thirty days after the date of filing the appeal. Within ten days follow conclusion of the hearing, the City Council shall render its decision on the appea. decision of the City Council is final." SECTION VIII: That Title 21, Chapter 21.81 of the Carlsbad Municipa is amended by the amendment of sections 21.81.080(a) and 21.81.080(e) to read as f "21.81.080 Appeal of Carlsbad design review board decision. (a) The action of the Design Review Board is final and effective ten c: days after the adoption of the resolution of decision unless the applicant or an! interested person files a written appeal with the City Clerk. An individual membel City Council can be an interested party. Upon the filing of an appeal, the City Clerk shall set the matter for hearing. Such hearing shall be held within thirty days after the date of filing the 2 Within ten calendar days following the conclusion of the hearing, the Housir Redevelopment Commission shall render its decision on the appeal. The decision Housing and Redevelopment Commission is final. Fees for filing an appeal und section shall be established by resolution of the City Council." Ill1 3 a e 1 2 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 I I, EFFECTIVE DATE: This ordinance shall be effective thirty days i adoption, and the City Clerk shall certify the adoption of this ordinance and cause published at least once in a newspaper of general circulation in the City of Carlsbac fifteen days after its adoption. Notwithstanding the foregoing, Sections VI1 and V constitute amendments to Local Coastal Programs, and shall become effectivc approved by the Coastal Commission or its Executive Director as Local Coastal P Amendments. INTRODUCED AND FIRST READ at a regular meeting of the C City Council on the day of , 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council City of Carlsbad on the - day of , 1995, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk i I 4