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Home My WebLink About1996-03-26; City Council; 13573; Zone Code Amendment Appellate Procedures//d C’=Y OF CARLSBAD - AGEWA BILL - , 0 p? 12 * I (A6 # 9,533 (TITLE: ADOPTION OF ORDINANCE NO. NS-352 - (DEPT. HD. m&’ MTG. 3/26/96 DEPT. cLK I RECOMMENDED ACTION: ZONE CODE AMENDMENT CITY ATTY - APPELLATE PROCEDURES - ZCA 95-06 CITY MGR. Adopt Ordinance No. NS-352, 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. ITEM EXPLANATION Ordinance No. NS-352 was introduced at the regular City Council meeting of March 19, 1996. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 13,560 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-352. . 1 2 3 4 5 6 7 8 9 10 11 12 0 al s 1o 2:: %E Q 13 VW% @& 14 Irtsa 9 72s 15 S&$2 0 8:&a- 05s 16 E u@ >r 17 t $ 0 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-357 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, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is amended by the amendment of section 21.06.130 to read as follows: "21.06.130 Effective date of order. The decision of the Planning Commission is final and effective ten calendar days after the adoption of the resolution of decision unless within such ten-day period an appeal in writing is filed with the City Clerk by an interested person. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. The decision of the Planning Commission shall be affirmed by the City Council unless the appellant shows by a preponderance of the evidence that the decision of the Planning Commission is in error, inconsistent with state law, the General Plan or any applicable specific plan, master plan, zoning ordinance or policy of the City. The filing of an appeal shall stay the effective date of the Planning Commission decision until such time as the City Council has acted on the appeal. Fees for filing an appeal under this section shall be established by resolution of the City Council." SECTION II. That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended by the amendment of section 21.45.073(a) to read as follows: "21.45.073 Anneal of Plannins Commission decision. (a) The decision of the Planning Commission is final and effective ten calendar days after the adoption of the resolution of decision unless within such ten-day period the applicant, any resident of the subject property, in the case of a proposed conversion of residential real property to a planned 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 - development project, or any other interested person files a written appeal with the City Clerk. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. The decision of the Planning Commission shall be affirmed by the City Council unless the appellant shows by a preponderance of the evidence that the decision of the Planning Commission is in error, inconsistent-with state law, the General Plan or any applicable specific plan, master plan, zoning ordinance or policy of the City. The decision of the Planning Director on projects processed in accordance with Section 21.45.140 -may be appealed to the Planning Commission by filing a written notice of appeal with the Planning Director within ten calendar days of the decision in the same manner and subject to the same burden of proof as appeals to the City Council. Fees for filing an appeal under this section shall be established by resolution of the City Council." SECTION III: That Title 21, Chapter 21.47 of the Carlsbad Municipal Code is amended by the amendment of section 21.47.073 to read as follows: "21.47.073 Anpeal of Planning Commission decision. (a) The decision of the Planning Commission is final and effective ten calendar days after the adoption of the resolution of decision unless within such ten-day period applicant or any other interested person files a written appeal with the City Clerk. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. The decision of the Planning Commission shall be affirmed by the City Council unless the appellant shows by a preponderance of the evidence that the decision of the Planning Commission is in error, inconsistent with state law, the General Plan or any applicable specific plan, master plan, zoning ordinance or policy of the City. The decision of the Planning Director on projects processed in accordance with Section 21.47.110 may be appealed to the Planning Commission by filing a written notice of appeal with the Planning Director within ten calendar days of the decision in the same manner and subject to the same burden of proof as appeals to the City Council. Fees for filing an appeal under this section shall be established by resolution of the City Council. Upon the filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the City 2 1 2 3 4 5 6 7 6 9 10 11 18 19 20 21 22 23 24 25 26 27 28 - - Council shall render its decision on the appeal. The decision of the City Council is final." SECTION IV: That Title 21, Chapter 21.50 of the Carlsbad Municipal 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 use nermit - Time for appeal. The order of the Planning Commission in granting or denying a variance or conditional use permit shall become final and effective ten calendar days after the rendering of its decision granting or denying the variance or conditional use permit unless within such ten-day period an appeal in writing is filed with the City Clerk by an interested person. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. The decision of the Planning Commission shall be affirmed by the City Council unless the appellant shows by a preponderance of the evidence that the decision of the Planning Commission is in error, inconsistent with state law, the General Plan or any applicable specific plan, master plan, zoning ordinance or policy of the City. The filing of such appeal within such time limits shall stay the effective date of the order of the Planning Commission until such time as the City Council has acted on the appeal as hereafter set forth in this title. Fees for filing an appeal under this section shall be established by resolution of the City Council." SECTION V: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended by the amendment of section 21.54.140(b) to read as follows: "21.54.140 ADpeal of plannincr director decisions. (W Whenever the Planning Director is authorized pursuant to this title to make a decision or determination such decision or determination is final unless the determination or decision is appealed by an interested person to the Planning Commission. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Director is in error. The decision of the Planning Director shall be affirmed by the Planning Commission unless the appellant shows by a preponderance of the evidence that the decision of the Planning Director is in error, inconsistent with state law, the General Plan or any applicable 3 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 specific plan, master plan, City. zoning ordinance or policy of the The appeal shall be filed in writing with the secretary of the Planning Commission within ten calendar days after the date of the Planning Director's decision. The Planning Director's decision or determination shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. shall be final. The Planning Commission action on an appeal Fees for filing an appeal under this section shall be established by resolution of the City Council." SECTION VI: That Title 21, Chapter 21.80 of the Carlsbad Municipal Code is amended by the amendment of section 21.80.080(a) to read as follows: "21.80.080 Anneal of Plannincr Commission decision. (a) The decision of the Planning Commission is final and effective ten calendar days after the adoption of the resolution of decision unless within such ten-day period the applicant or any other interested person files a written appeal with the City Clerk. An individual member of the City Council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. The decision of the Planning Commission shall be affirmed by the City Council unless the appellant shows by a preponderance of the evidence that the decision of the Planning Commission is in error, inconsistent with state law, the General Plan, the Agua Hedionda Land Use Plan, or any applicable specific plan, master plan, zoning ordinance or policy of the City. Upon the filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the City . . . . . . . . . . . . . . . . . . . . . 4 1 2 3 4 5 6 7 8 9 10 11 12 9 gj =JWo, 527 ;g 13 iLc3 0, so39 14 dCs;cr s oq9 15 s&ga 0 88&- p5~ 16 a$$!$ p-g l7 is 18 19 20 21 22 23 24 25 26 27 28 ,- Council shall render its decision on the appeal. The decision of the City Council is final." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 19th day of March , 1996, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 26th day of March I 1996, by the following vote, to wit: AYES: Council Members Nygaard, Kulchin, Finnila and Hall NOES: None ABSENT: Mayor Lewis APPROVED AS TO FORM AND LEGALITY ATTEST: ALETHA L. RAUTENKRANZ, City Cl&k 5