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Home My WebLink About1995-11-15; Planning Commission; Resolution 38191 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 PLANNING COMMISSION RESOLUTION NO. 3819 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO ALLOW INDIVIDUAL MEMBERS OF "€E CITY COUNCIL TO APPEAL OTHERWISE APPEALABLE PLANNING MATTERS IN ALL OF THE CITY'S SIX LOCAL COASTAL PROGRAM SEGMENTS. CASE NAME CITY OF CARLSBAD CASE NO: LCPA 95-06 WHEREAS, a verified application for an amendment to the Local Program, as shown on Exhibit "X," dated November 1, 1995, attached and incoq herein, has been fled with the Planning Commission; and WHEREAS, said verified application constitutes a request for a Local 1 Program amendment as provided in Public Resources Code section 30574 and Artic Subchapter 8, chapter 2, Division 5.5 of Title 14 of the California Code of reg^ (California Coastal Commission Administrative Regulations); and WHEREAS, it is generally desirable that administrative appellate pro in the Local Coastal Program and Zone Code provisions for properties in the coal be in conformance with such procedures outside the coastal zone, and; WHEREAS, the Planning Commission did on the 1st day of Novembe and on the 15th day of November, 1995, hold a duly notice public hearing as prescr law to consider the proposed Local Coastal Program Amendment shown on Exhi dated November 1, 1995, attached hereto, and; WHEREAS, at said public hearing, upon hearing and considering all te! and arguments, if any, of all persons desiring to be heard, said Commission consid( factors relating to the Local Coastal Program Amendment. .... ~ ll 0 a 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 WHEREAS, State Coastal Guidelines requires a six week public revievc for any amendment to the Local Coastal Program. NOW THEREFORE, BE IT HEREBY RESOLVED by the P Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, star September 7,1995, and ending on October 29, 1995. No public co1 had been received. C) That based on the evidence presented at the public hearing, the Comj recommends APPROVAL of Local Coastal Program Amendment, LC 06, as shown on Exhibit “X,” dated November 1,1995, attached her4 made a part hereof, based on the following findings: Findings I. The proposed Local Coastal Program Amendment is in compliance w requirements of due process and is consistent with the respective land use pl; the principles of good planning and public necessity, convenience and the welfare. 2. The proposed amendment would be consistent with applicable Local 1 Program standards, policies and provisions and will have no effect on resources. 3. The proposed amendment is required to maintain consistency between the Code and the Local Coastal Program. 4. The Planning Director has determined that the project is exempt from envirow review under CEQA because it satisfies the basic rule that there is no possibil adoption of this ordinance amendment will cause a significant impact environmental. ... ... ... i 1 ... ..e PC RES0 NO. 3819 -2- I, 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 1, 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 15th day of No1 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Em Monroy NOES: Commissioners Noble and Savary ABSENT: Commissioner Nielsen ABSTAIN: None 1 KIM WELSHONS, Chairperson CAMSBAD PLANNINGCOMMI ATTEST: . U. MICHAEL J. HOLYMILLER Planning Director ~ I I 1 pc RESO No- 3819 -3- I . 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 0 EXHIB 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 SECTION I: That Title 21, Chapter 21.06 of the Carlsbad Municip, 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 I of the City Council can be an interested person. The filing of an appeal shall I effective date of the Planning Commission decision until such time as the City Cou acted on the appeal. Fees for filing an appeal under this section shall be establi resolution of the City Council." SECTION 11: That Title 21, Chapter 21.35 of the Carlsbad Municip 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 calenl after the adoption of the resolution of decision unless an interested person appeals 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 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 actec appeal. Fees for filing an appeal under this section shall be established by resolutic City Council. It SECTION 111: That Title 21, Chapter 21.45 of the Carlsbad Municip 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 effec calendar days after the adoption of the resolution of decision unless within such I( 0 0 . 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 1 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 ( 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 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 period the applicant or any other interested person files a written appeal with t Clerk. An individual member of the City Council can be an interested perso individual member of the City Council can be an interested party. The decisior Planning Director on projects processed in accordance with Section 21.47.110 appealed to the Planning Commission by filing a written notice of appeal with the P Director within ten calendar days of the decision in the same manner and subjec same burden of proof as appeals to the City Council. Fees for filing an appeal un 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 Municip: 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 g 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 re 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 ( appeal within such time limits shall stay the effective date of the order of the P: Commission until such time as the City Council has acted on the appeal as herea forth in this title. Fees for filing an appeal under this section shall be establis resolution of the City Council." ffff 2 I1 , 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 8 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 unl determination or decision is appealed by an interested party to the Planning Comn An individual member of the City Council can be an interested party. The appeal s filed in writing with the secretary of the Planning Commission within ten calendar dq the date of the Planning Director's decision. The Planning Director's deck 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 Coml action on an appeal shall be final. Fees for filing an appeal under this section s 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 e€fectj calendar days after the adoption of the resolution of decision unless within such t 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. Up filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearir 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 fc "21.81.080 Appeal of Carlsbad design review board decision. (a) The action of the Design Review Board is final and effective ten ca days after the adoption of the resolution of decision unless the applicant or any interested person files a written appeal with the City Clerk. An individual member 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 a Within ten calendar days following the conclusion of the hearing, the Housin Redevelopment Commission shall render its decision on the appeal. The decision Housing and Redevelopment Commission is final. Fees for filing an appeal undl section shall be established by resolution of the City Council." fffl I 3 * 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 e EFFECTIVE DATE: This ordinance shall be effective thirty days : 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 effectivl approved by the Coastal Commission or its Executive Director as Local Coastal F 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 Counci 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 A'ITEST: ALETHA L. RAUTENKRANZ, City Clerk 4