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HomeMy WebLinkAbout1999-10-05; City Council; NS-506; CMC 21 amends - Planning appeal burden of proof appellate procedures...82 * 9 1 2 3 4 5 6 7 8 9 10 11 am &E& an8 &lJE a> d?$% !5:2$ ucsg 9 OnL I qi ZOZL qL$,d i% Orar%n- QOJ >cz 60 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ORDINANCE NO. NS-506 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. The City Council of the City of Carlsbad, California, does follows: SECTION I: That Title 21, Chapter 21.06 of the Carlsbad Muni is amended by the amendment of section 21.06.1 30 to read as follows: “21.06.130 Effective date of order. The decision of the Planning Commission is final and efl calendar days after the adoption of the resolution of decision unless within su period an appeal in writing is filed with the City Clerk by an interested pt individual member of the City Council can be an interested person. The writ shall specifically state the reason or reasons for the appeal and the mannc the decision of the Planning Commission is in error. The burden of pro01 appellant to establish by substantial evidence that the reason(s) for the ap not specified in the appeal have been found by the Planning Commissio supported by substantial evidence. If the Council finds one or more grounds the notice of appeal supported by substantial evidence, it may, neverthek modify, or reverse the action of the Planning Commission, and make : supported by substantial evidence as it deems appropriate, including rem’ Planning Commission with directions for further proceedings. The filing of shall stay the effective date of the Planning Commission decision until such 1 City Council has acted on the appeal. Fees for filing an appeal under this sz be established by resolution of the City Council.” The hearing before the Council is de novo, but the Council shall determine SECTION II: That Title 21, Chapter 21.35 of the Carlsbad Muni is amended by the amendment of section 21.35.1 10 to read as follows: “21 -35.1 10 Appeal to housinq and redevelopment commission. review board is final and effective ten calendar days after the adoption of the of decision unless an interested person appeals a design review board de( minor project or nonadministrative variance or by filing a written appeal wi Clerk within such ten-day period. An individual member of the ho redevelopment commission can be an interested person for the purposes The written appeal shall specifically state the reason or reasons for the appt Ordinance No. NS-506 Except as provided in Section 21.35.100(c), the action of ‘ '< > ll W e 1 2 3 4 5 6 7 8 manner in which the decision of the design review board is in error. The burdc is on the appellant to establish by substantial evidence that the reasonts) for exist. The hearing before the Housing and Redevelopment Commission is & the Housing and Redevelopment Commission shall determine all matters nc in the appeal have been found by the Design Review Board and are SUI substantial evidence. If the Housing and Redevelopment Commission fin more grounds set forth in the notice of appeal supported by substantial e may, nevertheless, affirm, modify, or reverse the action of the Planning Cc and make such order supported by substantial evidence as it deems a including remand to the Design Review Board with directions for further pr( The filing of an appeal shall stay the effective date of the design review boa1 until such time as the housing and redevelopment commission has acted on t Fees for filing an appeal under this section shall be established by resolution Council. 'I 9 10 11 SECTION Ill. That Title 21, Chapter 21.45 of the Carlsbad Code is amended by the amendment of section 21.45.073(a) to read as follo\i 00 Yr J"U2 $055 2;Q "nu. OZJO Ea50 a01 g=% S+ zg$ ci->g E&= Fz? Aka zwo 50 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "21.45.073 Appeal of planninq commission decision. (a) The decision of the Planning Commission is final and el calendar days after the adoption of the resolution of decision unless within su period the applicant, any resident of the subject property, in the case of E conversion of residential real property to a planned development project, 01 interested person files a written appeal with the City Clerk. An individual mer City Council can be an interested person. The written appeal shall specificall reason or reasons for the appeal and the manner in which the decision of th Commission is in error. The burden of proof is on the appellant to e5 substantial evidence that the reason(s) for the appeal exist. The hearing Council is de novo, but the Council shall determine all matters not speci appeal have been found by the Planning Commission and are supported by evidence. If the Council finds one or more grounds set forth in the notice supported by substantial evidence, it may, nevertheless, affirm, modify, or r action of the Planning Commission, and make such order supported by evidence as it deems appropriate, including remand to the Planning Comrr directions for further proceedings. The decision of the Planning Director ( processed in accordance with Section 21.45.140 may be appealed to thl Commission by filing a written notice of appeal with the Planning Director calendar days of the decision in the same manner and subject to the Sam€ proof as appeals to the City Council. Fees for filing an appeal under this sf be established by resolution of the City Council. Upon the filing of an appeal, the City Clerk shall set the matte hearing. Such hearing shall be held within thirty days after the date of filing . Within ten days following the conclusion of the hearing, the City Council sha decision on the appeal. The decision of the City Council is final." Ordinance No. NS-506 I1 ’< I w e 1 2 3 4 5 6 7 a 9 10 11 0 3ug zgg !?2 JVW% aoaa KCSK m>5z aoog <,si ZWWQ OZJ? Eu$n Jut3 F:? QOJ c2$ uv 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION IV: That Title 21, Chapter 21.47 of the Carlsbad Code is amended by the amendment of section 21.47.073(a) to read as follo\i “21.47.073 Appeal of Dlanninq commission decision. (a) The decision of the Planning Commission is final and el calendar days after the adoption of the resolution of decision unless within su period applicant or any other interested person files a written appeal with the An individual member of the City Council can be an interested person. 1 appeal shall specifically state the reason or reasons for the appeal and the which the decision of the Planning Commission is in error. The burden of pro( appellant to establish by substantial evidence that the reason(s) for the aF The hearing before the Council is de novo, but the Council shall determine not specified in the appeal have been found by the Planning Commissic supported by substantial evidence. If the Council finds one or more grounds the notice of appeal supported by substantial evidence, it may, neverthelt modify, or reverse the action of the Planning Commission, and make I supported by substantial evidence as it deems appropriate, including rem Planning Commission with directions for further proceedings. The deck Planning Director on projects processed in accordance with Section 21.47.1 appealed to the Planning Commission by filing a written notice of appe: Planning Director within ten calendar days of the decision in the same m subject to the same burden of proof as appeals to the City Council. Fees f appeal under this section shall be established by resolution of the City Counc Upon the filing of an appeal, the City Clerk shall set the matte hearing. Such hearing shall be held within thirty days after the date of filing 1 Within ten days following the conclusion of the hearing, the City Cou.ncil shal decision on the appeal. The decision of the City Council is final.” SECTION V: That Title 21, Chapter 2130 of the Carlsbad Code 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 u Time for appeal. The order of the Planning Commission in granting or denying or conditional use permit shall become final and effective ten calendar dab rendering of its decision granting or denying the variance or conditional unless within such ten-day period an appeal in writing is filed with the City ( interested person. An individual member of the City Council can be an person. The written appeal-shall specifically state the reason or reasons for and the manner in which the decision of the Planning Commission is in burden of proof is on the appellant to establish by substantial evidenc reason(s) for the appeal exist. The hearing before the Council is de no! Council shall determine all matters not specified in the appeal have been fo Planning Commission and are supported by substantial evidence. If the CC one or more grounds set forth in the notice of appeal supported by evidence, it may, nevertheless, affirm, modify, or reverse the action of th Ordinance No. NS-506 .I 0 1 2 3 4 5 6 7 a 9 10 11 sa rnwz Y1 KKA 408 Ow% iU, s:2$ cr‘tSK J ,<I 0002 OZJO SL-Eq ““50 E:? p% <OJ 00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission, and make such order supported by substantial evidence a: appropriate, including remand to the Planning Commission with directions proceedings. The filing of such appeal within such time limits shall stay th date of the order of the Planning Commission until such time as the City C acted on the appeal as hereafter set forth in this title. Fees for filing an ap this section shall be established by resolution of the City Council.” SECTION VI: That Title 21, Chapter 21.54 of the Carlsbad Code is amended by the amendment of section 21.54.140(b) to read as folloc “21 54.140 Appeal of planninq director decisions . make a decision or determination such decision or determination is final determination or decision is appealed by an interested person to thc Commission. An individual member of the City Council can be an interest The written appeal shall specifically state the reason or reasons for the appc manner in which the decision of the Planning Director is in error. The burden on the appellant to establish by substantial evidence that the reason(s) for exist. The hearing before the Planning Commission is de novo, but thc Commission shall determine all matters not specified in the appeal have bee the Planning Director and are supported by substantial evidence. If tht Commission finds one or more grounds set forth in the notice of appeal su substantial evidence, it may, nevertheless, affirm, modify, or reverse the ac Planning Commission, and make such order supported by substantial evic deems appropriate, including remand to the Planning Director with directions proceedings. The appeal shall be filed in writing with the secretary of thl Commission within ten calendar days after the date of the Planning Director’ The Planning Director‘s decision or determination shall be made in writing. 1 the decision shall be the date the writing containing the decision or deter] mailed or otherwise delivered to the person or persons affected by the ( determination. The Planning Commission action on an appeal shall be final filing an appeal under this section shall be established by resolution c Council.’’ Whenever the Planning Director is authorized, pursuant to tl SECTION VII: That Title 21, Chapter 21.80 of the Carlsbac Code is amended by the amendment of section 21.80.080(a) to read as follo\ “21.80.080 Appeal of planning commission decision. (a) The decision of the Planning Commission is final and el calendar days after the adoption of the resolution of decision unless within SL period the applicant or any other interested person files a written appeal w Clerk. An individual member of the City Council can be an interested pe manner in which the decision of the Planning Commission in error. The burd ~ is on the appellant to establish by substantial evidence that the reason(s) for exist. The hearing before the Council is de novo, but the Council shall dc Ordinance No. NS-506 . written appeal shall specifically state the reason or reasons for the appe /I ., .. .b V V 1 2 3 4 5 6 7 8 9 10 11 n Yr nab qn8 0LLIg 5LLu ~r~ga nun2 &lJg s:;s <;&j 2:;; E:$ >:$ 60 zwo a01 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 matters not specified in the appeal have been found by the Planning Comrr are supported by substantial evidence. If the Council finds one or more g forth in the notice of appeal supported by substantial evidence, it may, ne affirm, modify, or reverse the action of the Planning Commission, and make supported by substantial evidence as it deems appropriate, including rem Planning Commission with directions for further proceedings. Upon the 1 appeal, the City Clerk shall set the matter for public hearing. Such hearir held within thirty days after the date of filing the appeal. Within ten days fo conclusion of the hearing, the City Council shall render its decision on the ay decision of the City Council is final.” SECTION VIII: That Title 21, Chapter 21.81 of the Carlsbad Code is amended by the amendment of section 21.81.080(a) to read as follo\i “21.81.080 Appeal of Carlsbad desiqn review board decision. (a) The action of the design review board is final and ef calendar days after the adoption of the resolution of decision unless the a any other interested person. files a written appeal within that time with the s the housing and redevelopment commission. An individual member of the hc redevelopment commission can be an interested person. The written a[ specifically state the reason or reasons for the appeal and the manner in decision of the design review board is in error. The burden of proof is on thc to establish by substantial evidence that the reason(s) for the appeal exist. T before the Housing and Redevelopment Commission is de novo, but the Hc Redevelopment Commission shall determine all matters not specified in : have been found by the Design Review Board and are supported by evidence. If the Housing and Redevelopment Commission finds one or mo affirm, modify, or reverse the action of the Planning Commission, and make supported by substantial evidence as it deems appropriate, including rem design review board with .directions for further proceedings. Upon the f appeal, the City Clerk shall set the matter for public hearing. Such hearir held within thirty days after the date of filing the appeal. Within ten days fo conclusion of the hearing, the Housing and Redevelopment Commission sha decision on the appeal. The decision of the Housing and Redevelopment C is final.” set forth in the notice of appeal supported by substantial evidence, it may, ne EFFECTIVE DATE: This ordinance shall be effective thirty dz adoption, and the City Clerk shall certify the adoption of this ordinance and be published at least once in a newspaper of general circulation in the City ( within fifteen days after its adoption. Notwithstanding the preceding, Seci and Vlll effectuate a Local Coastal Program Amendment, and shall not be ef Ordinance No. NS-506 .II .I .. e 0 a zw2 ow; dU, m4,ozz rftgn: oooB <;si ZwmQ OZJO ““50 a01 00 Y2- rum <:OS E:; pz - 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 approved by the Coastal Commission (or by its Executive Director as a d amendment). INTRODUCED AND FIRST READ at a regular meeting of thc City Council on the 28th day of September , 1999, and thereafte PASSED AND ADOPTED at a regular meeting of the City COI City of Carlsbad on the 5th day of October , 1999, by th vote, to wit: AYES: Council Members Lewis, Hall, Finnila and Nygaar NOES: None ABSENT: Council Member Kulchin APPROVED AS TO FORM AND LEGALITY rn lLQ.L RONALD R. BALL, City Attorney /0*6.47. Ordinance No. NS-506 ATTEST: AMHA L~~TE@RANZ, Karen R. Kundtz, Assistant (SEAL)