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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. I \I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0 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 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 19 20 21 23 22 24 26 25 27 28 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: I I I i 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: ' I '1 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 9- mu? 52 "5": am ow 0 205: LI u 0, ~Cda mG'o u-,2d ~uwo Z-J ~uud 209$ I€i qgy >:E 17 3 6 18 19 20 21 22 23 24 25 26 27 28 1 I ,Ok 15 e @ 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." 2 2 ll 0 0 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 3 4 5 6 7 8 ' 9 lo l1 12 m>Z 13 izcb %am$ OlLl 8 k 2 z l4 >iZ Gksg 15 msn, !$E3 % E E n l6 2034, I mum .?m 11'41 Z-J 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 'S8Y LO > N 5 17 I 18 19 20 21 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 23 24 25 26 27 28 "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 I 3 I . il 1 2 3 4 .5 €i 7 8 9 10 l1 12 Dm 13 -Jzm %%ns -ow g k 2 : l4 Z>iZ 9+5g mDnk 15 +>ma ZZd Err6 16 zUO$$ qg5 >%Js 17 Lo 18 l9 2o 21 22 23 24 25 26 27 28 SLU? v)> U'4J wv)o 0 e e 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 4 *I t ' 2 3 4 5 6 7 8 9 lo 11 a l2 13 2zm 5-0: 0 ooua u. a a l4 Z>JZ ol-55 m LL GO 'a? u. 5Z-J $082 US 16 qgy >2% l7 l8 l9 20 21 22 23 24 25 26 27 28 slug m> OW l5 ,->ma woo 60 e e "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; //I/ 5 J, + 1 2 3 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 6 7 8 9 10 11 12 9m 13 *WE m> $i?& f+pg oL$a 14 ooaa g>52 15 k5-X m=ok swm0 err~rd 16 2082 >2'9 u <-I ZJ >ma 17 qgy ko 0 18 19 20 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* *' 22 I ' I! 1 2 3 4 5 6 7 8 9 10 11 12 om d,,g m>- 13 =$E& -s:g OUU 14 Z>JZ 0,5g *GOL 15 >rn< gwmo zoss >E% 0065 u '4-1 z--1 17 18 19 20 21 22 23 24 25 26 27 28 qgy %E=d l6I to 0 0 0 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