HomeMy WebLinkAbout1984-12-04; City Council; 7981; Restricting reapplication following a denialC’
REAPPLICATION FOLLOWING A DENIAL. ZCA-177 - CITY OF CARLSBAD
CIT’*9F CARLSBAD - AGENDI-IILL
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A ZONE CODE AMENDMENT RESTRICTING ~DEPT. HD.,~
RECOMMENDED ACTION:
The Planning Commission and staff are recommending that the City Council introduce Ordinance No. 9-74.g , APPROVING ZCA-177.
ITEM EXPLANATION
The proposed zone code amendment would establish a one year waiting period for reapplication following the denial of a
project. Both the Planning Commission and the staff thought that this provision already existed in the code. A recent check on a reapplication request indicated that it was not in the zoning
ordinance. The amendment would apply to general plan amendments, zone changes, planned developments, variances, conditional use permits, site development plans, specific plans, master plans, or amendments to previously issued plans.
The Planning Commission and staff feel this amendment is appropriate because the denial of a project is in effect a policy
statement and should stand for at least a year. This amendment would also reduce the duplication of work by both the staff and the Planning Commission. This amendment does not jeopardize the applicant’s right to appeal nor does it prevent the Planning Commission or city Council from returning a project to staff for changes.
For further information please see the attached report to the Planning Commission.
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration on October 29, 1984, which was approved by the Planning Commission on November 14,
1984. A copy of the environmental documents is on file in the
Land Use Planning Office.
FISCAL IMPACT
There will be no direct fiscal impact from this addition to the code.
EXHIBITS
1. City Council Ordinance No. yp#
2. PC Resolution No. 2378
3. PC Staff Report, dated November 14, 1984
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9 744 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER
21 -54 OF THE CARLSBAD MUNICIPAL CODE BY THE
ADDITION OF SECTION 21 . 54.130 TO RESTRICT .THE
REAPPLICATION AFTER DENIAL.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.54 of the Carlsbac
Municipal Code is amended by the addition of section 21.54.130
to read as follows:
"21.54.130 Restriction on reapplication after denial." No application for a zone change, general plan amendment, plannec development, variance, conditional use permit, site development
plan, specific plan, master plan or other permit, or any amendment to a previously issued permit or plan shall be acceptec if a substantially similar application has been finally denied
within one year prior to the application date. The Land Use
Planning Manager shall determine if the subsequent application is substantially similar to the previously denied application. The
decision of the Land Use Planning Manager shall be final."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 4th day of De-r I
1984, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 11th day of December 1984 by the
following vote, to wit:
AYES: Council b!k&ers Casler, -is, Kulchh, Chick and Pettine
NOES: None
ABSENT:
MARY H. PSLER, Mayor
ATTEST :
d* *A. QnuA- ALETHA L. RAUTE’NKRANZ, City (Clerk
( Seal )
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PLANNING COMMISSION RESOLUTION NO. 2378
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT, AMENDING TITLE 21, CHAPTER 21.54, SECTION
21.54.130, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION 21 54.130 TO RESTRICT REAPPLICATION AFTER DENIAL APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-177
WHEREAS, the Planning Commission did, on the 14th day of
November, 1984, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, RE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZCA-177, according to Exhibit "A", dated November 14, 1984, attached hereto and made a part hereof, based on the following findings:
Findings:
1) The proposed amendment would eliminate the potential for duplication of work and policy and congestion of hearing calendars.
2) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the L
Use Planning Manager on October 29, 1984 and approved by the
Planning Commission on November 14, 1984.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 14th day of November, 1984, by the following vote, to wit:
AYES : Chairman Rombotis, Commissioners Marcus, Farrow,
NOES : None. Schlehuber, McFadden, Smith and L'Heureux.
ABSENT : None .
JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RES0 NO. 2378 -2-
STAFF REPORT
c
DATE : November 14, 1984
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: ZCA-177 - CITY OF CARLSBAD - An amendment to the Zoning Ordinance restricting reapplication after project denial .
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Negative Declaration by the Land Use Planning Manager and ADOPT
Resolution No. 2378, recommefiding APPROVAL of ZCA-177, bas= the findings contained therein.
11. DISCUSSION
The proposed amendment would establish a one-year waiting period-
for reapplication after a project is denied. The reapplication
restriction would apply to all zone changes, general plan
amendments, planned developments, variances, conditional use permits, site development plans, specific plans, master plans or
other permit, or any amendment to a previously issued permit or
plan.
Currently, no restrictions exist limiting the frequency
application can be made for the same request or project. In other words, an applicant could immediately reapply for consideration of a project that had been denied and could continue to do so without limitations. An applicant may also reapply for reconsideration of an unfavorable condition having exhausted normal appeal processes.
Staff believes that the current lack of restrictions allows for potential congestion of hearing calendars and duplication of
effort on the part of staff and decision-makers. Once a
decision has been rendered by the Planning Commission or City
Council, policy has been established. It is reasonable to
assume that policy would be applicable for at least a one-year period. Should the Commission or Council believe that new
information may become available or circumstances affecting the decision may soon change, a project could be denied without prejudice. In this manner, the one-year waiting period could be avoided, when desired.
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111. ENVI-RONMENTAL REVIEW
The Land Use Planning Manager determined that this project will
not have a significant impact on the environment and therefore
has issued a Negative Declaration on October 29, 1984.
ATTACHMENTS
1) Planning Commission Resolution No. 2378
2) Exhibit "A", dated November 14, 1984
3) Environmental Document
CDN : bw
10/29/84
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4OTICE OF PUBLI C HEARING
NOTICE IS will hold Carlsbad,
ZCA-177
HEREBY GIVEN that the City Council of the City a public hearing at the City Council Chambers, Caiifornia, at 6:00 P.M., on Tuesday, consider-an application for an amendment to the restricting reapplication after project denial,
APPLICANT: City of Carlsbad PUBLISH : November 24, 1984
December
of Carlsbad
1200 Elm Avenue, 4, 1984, to Zoning Ordinance
CARLSBAD CITY COUNCIL
c NOTICE OF PUBLIC HEARING
NmCE IS HEREBY GIVEN that the Planning Cannnission
hold a public hearing at the City Council Chanters, California, at 6:OO p.m. on Wednesday, Noventer 14,
of an amendment to the Zoning Ordinance restricting denial.
Those persons wishing to speak on this proposal are
of the City of Carlsbad will
1200 Elm Avenue, Carlsbad, 1984, to collsider approval reapplication after project
cordially invited to attend
the public hearing.
Office at 438-5591.
If you have any questions please call the Land Use Plannirq
CASE FILE: ZCA-177
APPLICANT: City of Carlsbad
PUBLISH : Novenber 3, 1984
CITY OF CARLSBAD pLIANKING rnISSI0N
Carlsbad Journal
Decreed a Legal Newspaper by the :Superior Court of Son Diego County
3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
NOTICE OF PUBLIC
HEARING ZCA-177
NOTICE IS HEREBY GIVEN that thecity Council ofthe CityofCarls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue. Carlsbad, California. at 8100 P.M. on Tuesday, December
,4. 1984, to consider an application for an amendment to the Zoning Ordinance restricting reapplica- tion after project denial. Applicant: City OF Carlsbad
U S674: November 24. 1984 CARLSBAD CITY COUNCIL
1 5M-11)84
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
?V"W$pr. ............. %. .Ti:,. ..... ::?. ...... 19. . 14
................................. 19 ....
................................. 19 ....
................................. 19 ....
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I certify under penalty of perjury that the foregoing is true
and correct. Executed at Cartspa County of San Diego,
day of -
State of California onh,
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c 4%h ,.,:-\vpr! bel-, 4: :+
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Clerk of the Printer