HomeMy WebLinkAbout1999-07-21; Planning Commission; Resolution 4599e 0
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PLANNING COMMISSION RESOLUTION NO. 4599
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO CLARIFY
THE BURDEN OF PROOF REGARDING APPEALS OF
PLANNING MATTERS.
CASE NAME: APPELLATE PROCEDURES
CASE NO: ZCA 99-06
WHEREAS, the Planning Director has prepared a proposed Zon
Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to:
make technical changes to the burden of proof aspect of the
existing appellate procedures as well as clarifying the ability of
final decisionmakers to affirm, amend or reverse lower
decisions; and
WHEREAS, on March 19, 1996, the City Council approved ZCA 95
LCPA 95-06 making various technical changes to the appellate procedures relating to 1
matters; and
WHEREAS, staff concurs that the 1996 amendments may be interpi
unduly restrict the City Council and the Planning Commission on appeals regarding
matters; and
WHERAS, staff has proposed revisions to clarify the burden of proof
appellant in appeals regarding planning matters and the authority of the appellate body
appeals; and
WHEREAS, the proposed amendment is set forth in the draft City C
Ordinance, Exhibit “X” dated, July 21, 1999, and attached hereto APPEL
PROCEDURES ZCA 99-06iLPCA 99-04; and
WHEREAS, the Planning Commission did on the 21st day of July, 1999,
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~ duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL of APPELLATE PROCEDURES ZC.
based on the following findings:
FindinPs:
1. That the proposed Zone Code Amendment ZCA 99-06 is consistent with the
Plan in that the technical changes made to the appellate procedures will not
impact any General Plan program, policy or designation.
2. That the proposed Zone Code Amendment is in compliance with the requi
of due process and is consistent with the principles of good planning,
necessity, convenience and public welfare.
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PC RES0 NO. 4599 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, held on the 21st day of July, 1999, by the follow
to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurc
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PL
ATTEST:
Planning Director
PC RES0 NO. 4599 -3 -
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I1 0 0 July 21, 1999 I
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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 BURDEN OF PROOF UPON APPEAL OF
PLANNING MATTERS.
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ordain as follows: 7
The City Council of the City of Carlsbad, California, does
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SECTION I: That section 21.06.130 of the Carlsbad Municipal Code is
amended to read as follows:
"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."
SECTION 2: That section 21.35.1 10 of the Carlsbad Municipal Code is
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I "21.35.1 10 &Deal. to housing 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
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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 Planning Commission,
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. I'
SECTION 3. That section 21.45.073(a) of .the Carlsbad Municipal Code is
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I2 ll amended to read as follows:
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"21.45.073: ADDeal of Dlanning 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
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 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
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decision on the appeal. The decision of the City Council is final.”
SECTION 4: That section 21.47.073(a) of the Carlsbad Municipal 1
amended to read as follows:
“21.47.073 APpeal of Plannina 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
period applicant or any other interested person files a written appeal with the Cio
An individual member of the City Council can be an interested person. The
appeal shall specifically state the reason or reasons for the appeal and the ma
which the decision of the Planning Commission is in error. The burden of proof is
appellant to establish by substantial evidence that the reason(s) for the appeal
The hearing before the Council is de novo, but the Council shall determine all r
not specified in the appeal have been found by the Planning Commission a
supported by substantial evidence. If the Council finds one or more grounds set
the notice of appeal supported by substantial evidence, it may, nevertheless,
modify, or reverse the action of the Planning Commission, and make such
supported by substantial evidence as it deems appropriate, including remand
Planning Commission with directions for further proceedings. The decision
Planning Director on projects processed in accordance with Section 21 -47.1 10 r
appealed to the Planning Commission by filing a written notice. of -appeal w,
Planning Director within ten calendar days of the decision in the same mannf
subject to the same burden of proof as appeals to the City Council. Fees for fil
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
hearing. Such hearing shall be held within thirty days after the date of filing the a
Within ten days following the conclusion of the hearing, the City Council shall ren
decision on the appeal. The decision of the City Council is final.”
SECTION 5: .That section 21.50.1 00 of the Carlsbad Municipal C
amended to read as follows:
“21 50.1 00 Effective date of order for variance or conditional use DI
Time for apDeal.
The order of the Planning Commission in granting or denying a val
or conditional use permit shall become final and effective ten calendar days aftc
rendering of its decision granting or denying the variance or conditional use I
unless within such ten-day period an appeal in writing is filed with the City Clerk
interested person. An individual member of the City Council can be an inter
person. The written appeal shall specifically state the reason or reasons for the a
and the manner in which the decision of the Planning .Commission is in error
burden of proof is .on the appellant to establish by substantial evidence thz
reason(s) for the appeal exist. The hearing before the Council is de novo, br
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Council shall determine all matters not specified in the appeal have been founc
Planning Commission and are supported by substantial evidence. If the Coun
one or more grounds set forth in the notice of appeal supported by sut
evidence, it may, nevertheless, affirm, modify, or reverse the action of the P
Commission, and make such order supported by substantial evidence as it appropriate, including remand to the Planning Commission with directions for
proceedings. The filing of such appeal within such time limits shall stay the E
date of the order of the Planning Commission until such time as the City COUI
acted on the appeal as hereafter set forth in this title. Fees for filing an appe2
this section shall be established by resolution of the City Council.”
SECTION 6: That section 21.54.140(b) of the Carlsbad Municipal (
amended to read as follows:
“21 54.140 Acmeal of Dlannina director decisions,
(b) Whenever the Planning Director is authorized, pursuant to this
make a decision or determination such decision or determination is final unk
determination or decision is appealed by an interested person to the PIl
Commission. An individual member of the City Council can be an interested F
The written appeal shall specifically state the reason or reasons for the appeal a
manner in which the decision. of the Planning Director is in error. The burden of F
on the appellant to establish by substantial evidence ,that the reason(s) for the i
exist. The hearing before the Planning Commission is de novo, but the PI;
Commission shall determine all matters not specified in the appeal have been fol
the Planning Director and are supported by .substantial evidence. If the PI;
Commission finds one or more grounds set forth in the notice of appeal suppor.
substantial evidence, it may, nevertheless, affirm, modify, or reverse the action
Planning Commission, and make such order supported by substantial evidence
deems appropriate, including remand to the Planning Director with directions for 1
proceedings. The appeal shall be filed in writing with the secretary of the PI;
Commission within ten calendar days after the date of the Planning Director’s del
The Planning Director’s decision or determination shall be made in writing. The d
the decision shall be the date the writing containing the decision or determinai
mailed or otherwise delivered to the person or persons affected by the decis
determination. The Planning Commission action on an appeal shall be final. Fel
filing an appeal under this section shall be established by resolution of thE
Council.”
SECTION 7: That section 21.80.080(a) of the Carlsbad Municipal Cc
amended to read as follows:
.“21.80.080 Acyeal of Planning commission decision.
(a) The decision of the Planning Commission is final and effectivt
calendar days after the ,.adoption of the resolution of decision unless within such ter
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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. 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."
SECTION 8: That section 21.81.080(a) of the Carlsbad Municipal Code is
amended to read as follows: I ..
': : "21.81.080 Atmeal of Carlsbad desian review board decision.
i (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. 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 Planning Commission, and make such order
supported by substantial evidence as it deems 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
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conclusion of the hearing, the Housing and Redevelopment Commission shall re
decision on the appeal. The decision of the Housing and Redevelopment Com
is final.”
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify the adoption of this ordinance and cau
be published at least once in a newspaper of general circulation in the City of Ci
within fifteen days after its adoption. Notwithstanding the preceding, Sections 2
8 effectuate a Local Coastal Program Amendment, and shall not be effectil
approved by the Coastal Commission (or by its Executive Director as a de TT
amendment).
INTRODUCED AND FIRST READ at a regular meeting of the Cz
City Council on the day of , 1999, and thereafter
PASSED AND ADOPTED at a regular meeting of the City. Council
City of Carlsbad on the . day of , 1999, by the following vote,
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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