HomeMy WebLinkAbout1991-09-17; City Council; 11354; APPEAL PROCEDURES& i
APPEAL PROCEDURES
If the city council concurs, introduce Ordinance No. ns-
and adopt Resolution No. qj -309 .
ITEM EXPLANATION
The municipal code does not consistently establish procedui
for filing appeals with the office of the city clerk, t consistent deadlines for the filing of appeals nor deal
establish fees for these appeals. The city clerk and tl office have completed a careful review of the numerc
sections of the municipal code dealing with appeal procedui
and drafted the proposed ordinance for consideration by 1
city council. This ordinance sets uniform appeal deadlines that an appellant must file a written appeal in the office
the city clerk within 10 calendar days of the date of . decision, and pay the appropriate appeals fees as establisl
EXHIBITS
1. Ordinance No. o%-L?k.
2. Resolution No. 91-309.
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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 1
authority to establish appeals procedures and time limi
various matters within its jurisdiction; and
Whereas, the City Council of the City of Carlsbad
authority to establish fees for such appeals; and
Whereas, the fees have in the past been set by or(
and are therefore contained within the Carlsbad Municipal Co
Whereas, the City Council is not required to s(
fees by ordinance; and
Whereas, the City Council has determined the desir
of removing said fees from various titles and chapters
Carlsbad Municipal Code and setting forth such fees by res
from time to time,
NOW, THEREFORE, the City Council of the City of Ca
' California does hereby ordain as follows: l8
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SECTION 1: That Title 1, Chapter 1.20 of the C 1 Municipal Code is amended by the addition of Section 1.20 1 read as follows:
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111.20.600 ADDeals Drocedure. Where no specific appeals procedure exists 1
decision of a commission, committee or person which substa
such decision may be appealed to the City Council by f
written notice of appeal with the City Clerk within ten c
days of the date of the decision. Fees for filing an appez
be established by resolution of the City Council. The dec:
the city council shall be final."
I affects the rights, duties or privileges of an aggrieved
SECTION 2: That Title 6, Chapter 6.12 of the (
Municipal Code is amended by the amendment of Section 6.1: '
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add a sentence to read as follows:
"Fees for filing an appeal under this section sl established by resolution of the City Council.I1
SECTION 3: That Title 11, Chapter 11.04 of the C4
Municipal Code is amended by the amendment of Section 11-04
read as follows:
"In the event of a dispute regarding a decision
city Engineer on the location of the sidewalk or the pla
street tree wells, any aggrieved person may appeal to t: Council by filing an appeal with the City Clerk within ten c
days of the date of the written notice of the decision. F filing an appeal under this section shall be establis resolution of the City Council. The decision of the City
shall be final. I(
SECTION 4: That Title 11, Chapter 11.06 of the C
Municipal Code is amended by the amendment of Section 11-06
read as follows:
"An applicant may appeal the decision of tl
Engineer denying or conditionally approving an applicatio
permit to the City Council within ten calendar days folloi
and shall state the basis for the appeal. Fees for fi
appeal shall be established by resolution of the City Counc
decision of the City Council shall be final."
decision, Appeals shall be in writing filed with the Cil
SECTION 5: Wherever the phrase "building and 1
directort1 appears in Chapters 6.12, 18.24, and 18.28 saic
shall be amended to read llcommunity development director.'
SECTION 6: That Title 18, Chapter 18.24 and T.
Chapters 21.45, 21.50 and 21.52 of the Carlsbad Municipal i
amended by the amendment of Sections 18.24.060, 21.45
21.47.073(a), 21.50.100 and 21.52.080 to add the word "c
before the word "days" wherever it appears in those sect
sentence is added to all sections as follows:
"Fees for filing an appeal under this section
established by resolution of the City Council."
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SECTION 7: That Title 20, Chaptey 20.12, and Ti
Chapters 21.35, 21.45, 21.54, 21.80 and 21.81 of the C
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Municipal Code is amended by the amendment of S
20.12.093(a), 21.35.110, 21.45.073(a), 21.54.140(b)
21.81.080(a) to insert the word llcalendarll after the worl
wherever it appears in those sections.
section as follows:
A sentence is added
"Fees for filing an appeal under this section s established by resolution of the City Council.1v
SECTION 8: Wherever the phrase "land use r
manager" appears in Chapters 19.04 and 21.45 said phrase 2
amended to read the Itplanning director."
SECTION 9: That Title 19, Chapter 19.04 of the (
Municipal Code is amended by the amendment of Section 19.0~
delete the date August 1, 1983 and substitute March 11, l!
SECTION 10: That Title 19, Chapter 19.04 of the t
Municipal Code is amended by the addition of Section 19.01
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to read as follows:
*!(e) Fees for filing an appeal under this sectil
be established by resolution of the City Council.1t
SECTION 11: That Title 19, Chapter 19.04 of the (
Municipal Code is amended by the amendment of Section 19.0
to delete the sentence, 22
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"A fee established according to this title shall
to the City Clerk at the time of filing the appeal."
A sentence shall be added as follows:
"Fees for filing an appeal under this section
SECTION 12 : That Title 19, Chapter 19.04 of the
established by resolution of the City Council.t1
Municipal Code is amended by the deletion of Section 19.C
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SECTION 13: That Title 19, Chapter 19.04 of the Ca
Municipal Code is amended by the amendment of Section 19.04.
to read as follows:
"The public review period for a negative decla
shall not be less then 21 days. When the negative declarat submitted to the State Clearinghouse for review, the review
shall be at least 30 days. Notice shall be given in the
also be given to all organizations and individuals wh
previously requested such notice within the previous one y~
SECTION 14: That Title 19, Chapter 19.04 of the C
Municipal Code is amended by the amendment of Section 19.04
delete the sentence which reads:
specified in Section 15672 of the state guidelines. Notic4
"The public copy shall be available for thirty day the publication of the notice of completion."
Two sentences shall be inserted to read as follo
'IThe public review period for a draft enviro impact report shall not be less then thirty days. When th
environmental impact report is submitted to the State Cleari for review, the review period shall be at least 45 days."
SECTION 15: That Title 20, Chapter 20.24 of the C
Municipal Code is amended by the amendment of Section 20.24
to read as follows:
"(f) Appeals under this section may be made by 1
written notice of appeal with the City Clerk within ten c days of the date of the decision. Fees for filing an appe:
this section shall be established by resolution of t
Council. It
SECTION 16: That Title 20, Chapter 20.12 of the (
Municipal Code is amended by the amendment the first an(
paragraphs of Section 20.12.093(a) to read as follows:
It (a) The subdivider, any tenant of the subject p
in the case of a proposed conversion of residential real
to a condominium project, community apartment project (
cooperative project, or any other interested person may apF
a final decision of the Planning Commission to conditionally approve or deny a tentative map of 50 or few
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"Any appeal to the City Council shall be filed wi
City Clerk within ten calendar days after the action 1 Planning Commission from which the appeal is being taken."
SECTION 17: That Title 21, Chapter 21.45 of the Ca
Municipal Code is amended by the amendment the first and
paragraphs of Section 21.45.073(a) to read as follows:
" (a) The applicant, any resident of the E
property to a planned development project, or any other inti
person may appeal, from any action of the Planning Commis: the City Council. The decision of the Planning Direc projects processed in accordance with Section 21.45.140
appealed to the Planning Commission by filing a written no. appeal with the Planning Director within ten calendar days decision. Fees for filing an appeal under this section SI established by resolution of the City Council.
property, in the case of a proposed conversion of residentii
"Any appeal to the City Council shall be filed w
City Clerk within ten calendar days after the action Planning Commission from which the appeal is being taken."
SECTION 18: That Title 21, Chapter 21.47 of the C
Municipal Code is amended by the amendment the first and
paragraphs of Section 21.47,073(a) to read as follows:
"(a) The applicant or any other interested per appeal, from any action of the Planning Commission to t Council. The decision of the Planning Director on F
processed in accordance with Section 21.45.140 may be appc
the Planning Commission by filing a written notice of appe
the Planning Director within ten calendar days of the de
Fees for filing an appeal under this section shall be este
by resolution of the City Council.
"Any appeal to the City Council shall be filed b
City Clerk within ten calendar days after the action
Planning Commission from which the appeal is being taken.''
EFFECTIVE DATE: This ordinance shall be effectiv
days after its adoption, and the City Clerk shall certif]
adoption of this ordinance and cause it to be published :
once in the Carlsbad Journal within fifteen days af
adoption;
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INTRODUCED AND FIRST READ at a regular meeting
Carlsbad City Council on the 17th day of September
and thereafter
4 PAbbED AND ADOPTED at a regular meeting of th
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1991 by the following vote, to wit:
AYES:
NOES: None
ABSENT : Council Member Kulchin
Council Members Lewis, Larson, Stanton and Nygaarc
APPROVED AS TO FORM AND LEGALITY
ATTEST:
AL,:iiLSkiiiir*
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RESOLUTION NO. 91-309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ESTABLISHING APPEALS
FEES FOR APPEALS UNDER CARLSBAD MUNICIPAL CODE
SECTION 1.20.600.
WHEREAS, the City Council has determined it to bc
public interest to establish Appeals Fees for the purpose 01
appeals under C.M.C. S 1.20.600 for which no other formal
procedure is specified in the municipal code.
NOW, THEREFORE, BE IT RESOLVED by the City Counci
City of Carlsbad, California, as follows:
1. That the above recitations are true and cor:
2- That the City Council of the City of Carlsbal
Set an appeals fee of $110 for appeals under C.M.C. s 1.20
which no specific appeal procedure or fee is otherwise spec
the,Carlsbad Municipal Code.
PASSED, APPROVED AND ADOPTED at a Regular Meetir
day of City Council of the City of Carlsbad on the
1991 by the following vote, to wit:
24th
AYES:
NOES: None
ABSENT:
Council Members Kulchin, Stanton and Nygaard
Council Mea ers Lewis a d Lars n rn CLAUDE S, Mayor
ANN J. KUL HIN, Mayor Pro-Tern
ATTEST: 2 4?& ALETHA L. RAUTENKRANZ, City Clebk