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Home My WebLink About1996-03-26; City Council; NS-352; CMC 21.06/.08/.45/.47/.50/.54 amends - Planning appellate & appeals...c om dzc" qo8 ow2 dU, 2055 dk5K moo2 2;ss OZJO Krr%o E25 3W5 a> >"I2 zwv) E:? a02 00 - 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 e 0 ORDINANCE NO. NS - 353 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, Californ does ordain as follows: SECTION 1: That Title 21, Chapter 21.06 of Carlsbad Municipal Code is amended by the amendment of sect 21.06.130 to read as follows: 1121,06.130 Effective date of order. The decision of the Planning Commission is final effective ten calendar days after the adoption of the resolut of decision unless within such ten-day period an appeal writing is filed with the City Clerk by an interested pers An individual member of the City Council can be an interes person. The written appeal shall specifically state the rea or reasons for the appeal and the manner in which the decis of the Planning Commission is in error. The decision of Planning Commission shall be affirmed by the City Council unl the appellant shows by a preponderance of the evidence that decision of the Planning Commission is in error, inconsist with state law, the General Plan or any applicable speci plan, master plan, zoning ordinance or policy of the City. filing of an appeal shall stay the effective date of Planning Commission decision until such time as the City Cour has acted on the appeal. Fees for filing an appeal under t section shall be established by resolution of the City Councj SECTION 11. That Title 21, Chapter 21.45 of Carlsbad Municipal Code is amended by the amendment of sect 21.45.073(a) to read as follows: "21.45.073 Appeal of Planninq Commission decisi< (a) The decision of the Planning Commission is f: and effective ten calendar days after the adoption of resolution of decision unless within such ten-day period applicant, any resident of the subject property, in the cast a proposed conversion of residential real property to a plal a 1 2 3 4 5 6 7 8 9 10 11 9% Yr ~wZ Urrh a08 dUC3 Ougj $055 ci->g ZdZ 9 OnL # <I e2 a>mQ OZ-JO ZW(0 c~%n <OJ cy% - 00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 development project, or any other interested person file; written appeal with the City Clerk. An individual member of City Council can be an interested person. The written app shall specifically state the reason or reasons for the app and the manner in which the decision of the Planning Commiss is in error. The decision of the Planning Commission shall affirmed by the City Council unless the appellant shows b preponderance of the evidence that the decision of the Plann Commission is in error, inconsistent with state law, the Gene Plan or any applicable specific plan, master plan, zon ordinance or policy of the City. The decision of the Plann Director on projects processed in accordance with Sect 21.45.140 may be appealed to the Planning Commission by fil a written notice of appeal with the Planning Director within calendar days of the decision in the same manner and subject the same burden of proof as appeals to the City Council. E for filing an appeal under this section shall be establishec resolution of the City Council.” SECTION 111: That Title 21, Chapter 21.47 of Carlsbad Municipal Code is amended by the amendment of sect 21.47.073 to read as follows: “21.47.073 Appeal of Planninq Commission decisic (a) The decision of the Planning Commission is fi and effective ten calendar days after the adoption of resolution of decision unless within such ten-day per applicant or any other interested person files a written apE with the City Clerk. An individual member of the City Cour can be an interested person. The written appeal SF specifically state the reason or reasons for the appeal and manner in which the decision of the Planning Commission is error. The decision of the Planning Commission shall affirmed by the City Council unless the appellant shows b preponderance of the’evidence that the decision of the Planr Commission is in error, inconsistent with state law, the Gene Plan or any applicable specific plan, master plan, zor ordinance or policy of the City. The decision of the Planr Director on projects processed in accordance with Sect 21.47.110 may be appealed to the Planning Commission by fil a written notice of appeal with the Planning Director within calendar days of the decision in the same manner and subjecl the same burden of proof as appeals to the City Council. I for filing an appeal under this section shall be establishec resolution of the City Council. Upon the filing of an appeal, the City Clerk shall the matter for public hearing. Such hearing shall be 1 within thirty days after the date of filing the appeal. Wil ten days following the conclusion of the hearing, the City 2 no, &z& 408 Ow% $055 S$%* OZ”’? EU50 002 Lam a01 CZ% 50 $95 L?->g ZdZ 9 “nu. I <i iU, 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 Council shall render its decision on the appeal. The decis of the City Council is final.” SECTION IV: That Title 21, Chapter 21.50 of Carlsbad Municipal Code is amended by the amendment of sect 21.50.100 to read as follows: 1’21.50.100 Effective date of order for variance conditional use permit - Time for appeal. The order of the Planning Commission in granting denying a variance or conditional use permit shall become fi and effective ten calendar days after the rendering of decision granting or denying the variance or conditional permit unless within such ten-day period an appeal in writing filed with the City Clerk by an interested person. individual member of the City Council can be an interes. person. The written appeal shall specifically state the rea; or reasons for the appeal and the manner in which the decis. of the Planning Commission is in error. The decision of . Planning Commission shall be affirmed by the City Council unlt the appellant shows by a preponderance of the evidence that . decision of the Planning Commission is in error, inconsistc with state law, the General Plan or any applicable speci: plan, master plan, zoning ordinance or policy of the City. I filing of such appeal within such time limits shall stay : effective date of the order of the Planning Commission uni such time as the City Council has acted on the appeal hereafter set forth in this title. Fees for filing an appc under this section shall be established by resolution of - City Council. I) SECTION V: That Title 21, Chapter 21.54 of 1 Carlsbad Municipal Code is amended by the amendment of sect: 21.54.140(b) to read as follows: ~ .1121.54.140 Appeal of planninq director decisions, (b) Whenever the Planning Director is authorir pursuant to this title to make a decision or determination st decision or determination is final unless the determination decision is appealed by an interested person to the Plannj Commission. An individual member of the City Council can be interested person. The written appeal shall specifically st; the reason or reasons for the appeal and the manner in which t decision of the Planning Director is in error. The decision the Planning Director shall be affirmed by the Plannj Commission unless the appellant shows by a preponderance of 1 evidence that the decision of the Planning Director is in err< inconsistent with state law, the General Plan or any applical 3. 1 2a mu$ Yr iU, ougj .+d$ E-> 9 008 8 a1 <>ma zwmo OZ-I - aczo & SFS3 FSi CY5 40-1 GV 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 specific plan, master plan, zoning ordinance or policy of City. The appeal shall be filed in writing with the secret of the Planning Commission within ten calendar days after date of the Planning Director's decision. The Plann Director's decision or determination shall be made in writi The date of the decision shall be the date the writ containing the decision or determination is mailed or otherw delivered to the person or persons affected by the decision determination. The Planning Commission action on an app shall be final. Fees for filing an appeal under this sect shall be established by resolution of the City Council." SECTION VI: That Title 21, Chapter 21.80 of Carlsbad Municipal Code is amended by the amendment of sect 21.80.080(a) to read as follows: "21.80.080 Appeal of Plannins Commission decisio (a) The decision of the Planning Commission is fi and effective ten calendar days after the adoption of resolution of decision unless within such ten-day period applicant or any other interested person files a written app with the City Clerk. An individual member of the City Coun can be an interested person. The written appeal sh specifically state the reason or reasons for the appeal and manner in which the decision of the Planning Commission is error, The decision of the Planning Commission shall affirmed by the City Council unless the appellant shows b] preponderance of the evidence that the decision of the Plann: Commission is in error, inconsistent with state law, the Gene] Plan, the Agua Hedionda Land Use Plan, or any applical specific plan, master plan, zoning ordinance or policy of 4 City. Upon the filing of an appeal, the City Clerk shall I the matter for public hearing. Such hearing shall be ht within thirty days after the date of filing the appeal. Wit1 ten days following the conclusion of the hearing, the City ... ... ... 0.. 0.. ... ... 4 I 9m I?? mu: Krrh a~8 dU, 0u8 $045 dkSK >-_I2 0009 $;si ZumQ OZAO “a%o m2 g% Q0-l 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e Council shall render its decision on the appeal. The decis of the City Council is final.” EFFECTIVE DATE: This ordinance shall be effective days after its adoption, and the City Clerk shall certi: adoption of this ordinance and cause it to be published at once in a newspaper of general circulation in the City of Ca within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting Carlsbad City Council on the 19th day of March I and thereafter PASSED AND ADOPTED at a regular meeting of tht Council of the City of Carlsbad on the 26th day of March 1996, by the following vote, to wit: AYES: Council Members Nygaard, Kulchin, Finnila and Hall NOES : Nore ABSENT: Mayor Lewis APPROVED AS TO FORM AND LEGALITY RON$&” R. BALL, City Attorney ATTEST: w4@- ALETHA L. RAUTENKRANZ, City Cqerk 1 ~ 5