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Home My WebLink About1991-10-01; City Council; NS-176; CMC amends - Appeals...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 ll e 0 ORDINANCE NO. NS-176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS TITLES OF THE CARLSBAD MUNICIPAL CODE DEALING WITH APPEALS. Whereas, the City Council of the City of Carlsbad ha authority to establish appeals procedures and time limits various matters within its jurisdiction; and Whereas, the City Council of the City of Carlsbad ha authority to establish fees for such appeals; and Whereas, the fees have in the past been set by ordi and are therefore contained within the Carlsbad Municipal Code Whereas, the City Council is not required to set fees by ordinance; and Whereas, the City Council has determined the desirab of removing said fees from various titles and chapters oi Carlsbad Municipal Code and setting forth such fees by resol, from time to time, NOW, THEREFORE, the City Council of the City of Carl California does hereby ordain as follows: SECTION 1: That Title 1, Chapter 1.20 of the Car Municipal Code is amended by the addition of Section 1.20.61 read as follows: tt1.20.600 Ameals Drocedure. Where no specific appeals procedure exists for decision of a commission, committee or person which substant affects the rights, duties or privileges of an aggrieved pe: such decision may be appealed to the City Council by filj written notice of appeal with the City Clerk within ten call days of the date of the decision. Fees for filing an appeal ; be established by resolution of the City Council. The decisi the city council shall be final." SECTION 2: That Title 6, Chapter 6.12 of the Car Municipal Code is amended by the amendment of Section 6.12.11 -_ 1 2 3 4 5 6 7 a 9 10 11 12 om 3UJm w>z 2iym gam8 0;g: ooqa Q+-E Z>dZ ms'~ ti 0 ai ou z"I $E3 grrocri zoas q8y 22% Go 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 q add a sentence to read as follows: "Fees for filing an appeal under this section sha established by resolution of the City Council." SECTION 3: That Title 11, Chapter 11.04 of the Car Municipal Code is amended by the amendment of Section 11.04.0 read as follows: IIIn the event of a dispute regarding a decision o City Engineer on the location of the sidewalk or the placi street tree wells, any aggrieved person may appeal to the Council by filing an appeal with the City Clerk within ten cal days of the date of the written notice of the decision. Fee filing an appeal under this section shall be establish€ resolution of the City Council. The decision of the City Co shall be final. Il SECTION 4: That Title 11, Chapter 11.06 of the Car Municipal Code is amended by the amendment of Section 11.06.2 read as follows: "An applicant may appeal the decision of the Engineer denying or conditionally approving an application permit to the City Council within ten calendar days followin decision. Appeals shall be in writing filed with the City and shall state the basis for the appeal. Fees for fili appeal shall be established by resolution of the City Council, decision of the City Council shall be final.'I SECTION 5: Wherever the phrase Ifbuilding and pla director" appears in Chapters 6.12, 18.24, and 18.28 said F shall be amended to read filcommunity development director.I@ SECTION 6: That Title 18, Chapter 18.24 and Tit1 Chapters 21.45, 21.50 and 21.52 of the Carlsbad Municipal Cod amended by the amendment of Sections 18.24.060, 21.45.07 21.47.073(a), 21.50.100 and 21.52.080 to add the word "tale before the word Icdaystl wherever it appears in those section sentence is added to all sections as follows: "Fees for filing an appeal under this section sha established by resolution of the City Council.It 2 " . e 0 -_ 1 2 3 4 5 6 7 8 established by resolution of the City Council. It 9 SECTION 7: That Title 20, Chapter 20.12, and Tit: Chapters 21.35, 21.45, 21.54, 21.80 and 21.81 of the Ca: Municipal Code is amended by the amendment of Sel 20.12.093 (a), 21.35.110, 21.45.073 (a), 21.54.140(b), 21.81.080(a) to insert the word "calendargt after the word wherever it appears in those sections. A sentence is added tc section as follows: "Fees for filing an appeal under this section shz SECTION 8: Wherever the phrase "land use pli lo manager" appears in Chapters 19.04 and 21.45 said phrase Shi 11 amended to read the "planning director.1t 12 Dm &J~ a> $EW <S"S ou%% %-sg Z>JZ msOk grrrrri ZO$$ Go noaa LL '4-1 +>ma zwao ZJ qg2 cur c-a 13 14 15 16 17 18 19 SECTION 9: That Title 19, Chapter 19.04 of the Cal Municipal Code is amended by the amendment of Section 19.04.1 delete the date August 1, 1983 and substitute March 11, 1985 SECTION 10: That Title 19, Chapter 19.04 of the Cal Municipal Code is amended by the addition of Section 19.04.( to read as follows: "(e) Fees for filing an appeal under this section be established by resolution of the City Counci1.I' 20 21 22 23 24 to the City Clerk at the time of filing the appeal. It A sentence shall be added as follows: 25 26 27 28 SECTION 11: That Title 19, Chapter 19.04 of the Cal Municipal Code is amended by the amendment of Section 19.04.: to delete the sentence, "A fee established according to this title shall bt "Fees for filing an appeal under this section shz established by resolution of the City Council.og SECTION 12: That Title 19, Chapter 19.04 of the Cal Municipal Code is amended by the deletion of Section 19.04.; II 3 " .. i! e 0 .. 1 SECTION 13: That Title 19, Chapter 19.04 of the Car 2 3 Municipal Code is amended by the amendment of Section 19.04.1 to read as follows: 4 5 6 7 "The public review period for a negative declar shall not be less then 21 days. When the negative declarati submitted to the State Clearinghouse for review, the review p shall be at least 30 days. Notice shall be given in the m specified in Section 15072 of the state guidelines. Notice also be given to all organizations and individuals who previously requested such notice within the previous one yea a SECTION 14: That Title 19, Chapter 19.04 of the Car Municipal Code is amended by the amendment of Section 19.04.1 delete the sentence which reads: 9 10 11 the publication of the notice of completion." "The public copy shall be available for thirty days 12 00, m>2 13 swm gang &E& oig% noaa 14 Z>iZ Ql"a: m5'0 nk 15 U: *a1 52;%5 8a:~n 16 ZOSS 'FpT >22 17 2" 2-I - 18 19 20 21 22 23 24 25 il 26 27 28 Two sentences shall be inserted to read as follows "The public review period for a draft environm impact report shall not be less then thirty days. When the environmental impact report is submittedtothe State Clearing for review, the review period shall be at least 45 days." SECTION 15: That Title 20, Chapter 20.24 of the Car Municipal Code is amended by the amendment of Section 20.24.1 to read as follows: "(f) Appeals under this section may be made by fil written notice of appeal with the City Clerk within ten cal days of the date of the decision. Fees for filing an appeal this section shall be established by resolution of the Council. 11 SECTION 16: That Title 20, Chapter 20.12 of the Car Municipal Code is amended by the amendment the first and s paragraphs of Section 20.12.093(a) to read as follows: I' (a) The subdivider, any tenant of the subject prop in the case of a proposed conversion of residential real pro to a condominium project, community apartment project or cooperative project, or any other interested person may appeal a final decision of the Planning Commission to app conditionally approve or deny a tentative map of 50 or fewer 4 Ii 0 e .. "Any appeal to the City Council shall be filed wit 1 City Clerk within ten calendar days after the action t< 2 3 4 Planning Commission from which the appeal is being taken." SECTION 17: That Title 21, Chapter 21.45 of the Car Municipal Code is amended by the amendment the first and s I1 5 6 7 8 9 10 11 ZU% y>? kEK& -.5"8 OU%8 a035 SF?: "a? ~ucno gziin ZOZS =&Y p5 Go u I ai >ma 12 13 14 15 16 17 18 19 20 paragraphs of Section 21.45.073(a) to read as follows: II (a) The applicant, any resident of the su property, in the case of a proposed conversion of residential property to a planned development project, or any other inter person may appeal, from any action of the Planning Commissi the City Council. The decision of the Planning Directc projects processed in accordance with Section 21.45.140 m; appealed to the Planning Commission by filing a written noti appeal with the Planning Director within ten calendar days o decision. Fees for filing an appeal under this section sha established by resolution of the City Council. "Any appeal to the City Council shall be filed wit City Clerk within ten calendar days after the action tc Planning Commission from which the appeal is being taken." SECTION 18: That Title 21, Chapter 21.47 of the Car Municipal Code is amended by the amendment the first and s paragraphs of Section 21.47.073(a) to read as follows: It (a) The applicant or any other interested perso appeal, from any action of the Planning Commission to the Council. The decision of the Planning Director on pro processed in accordance with Section 21.45.140 may be appeal the Planning Commission by filing a written notice of appeal the Planning Director within ten calendar days of the deci Fees for filing an appeal under this section shall be establ by resolution of the City Council. ('Any appeal to the City Council shall be filed wit 21 City Clerk within ten calendar days after the action tc 22 23 24 25 26 27 Planning Commission from which the appeal is being taken." EFFECTIVE DATE: This ordinance shall be effective t days after its adoption, and the City Clerk shall certify t' adoption of this ordinance and cause it to be published at once in the Carlsbad Journal within fifteen days after adopt ion. 28 /I 'I// II E J /I ., 6 1 2 3 4 5 6 7 8 9 10 e e INTRODUCED AND FIRST READ at a regular meeting 0: Carlsbad City Council on the 17th day of September and thereafter i PASSED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad on the 1st day of October 1991 by the following vote, to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT: Council Member Kulchin APPROVED AS TO FORM AND LEGALITY 11 iw% gzq uJ>z &Ea5 0u;m OOQQ Z>JZ oc--rr m5’0 +>m< $21 a a d DL U ‘<X wmo Z08g qEy >2‘9 0 t-0 12 13 14 15 16 17 18 ATTEST : ALwRiiTE$&i*rk, 19 20 21 22 23 24 25 26 27 28 6