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HomeMy WebLinkAbout1999-09-28; City Council; 15413; Appellate Procedures- CITY OF CARLSBAD -AGENDA BILL AH /$4/S VITLE : DEPT. HD. MTG. g/28/99 APPELLATE PROCEDURES ZCA 99-06iLCPA 99-04 CITY All-Y. @, DEPT. CA CITY MGR. w RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. ~@-%6 ADOPT Resolution No. ?y-# APPROVING LCPA 99-04. APPROVING ZCA 99-06 and ITEM EXPLANATION: In March 1996, the Council approved appellate procedures ZCA 95-06 and LCPA 95-06 making various technical changes to the zone code and companion changes to ordinances applying within the coastal zone making uniform procedures regarding appeal of planning matters in response to a Council request to allow appeals by individual Council Members of Planning Commission decisions, and in order to comply with then-recent case law requirements regarding burden of proof provisions affecting the due process procedures applicable in such appeals. Since that time, several appellants have asserted that those amendments did more than just clarify that the appellant had the burden of proof upon appeal, and went beyond that and restricted the ability of the City Council to overturn decisions upon appeal. Although staff believes those arguments overstate the effect of the 1996 amendments, the language is ambiguous and we believe the proposed amendments eliminate any ambiguity, and clarify the authority of the appellate body upon appeal sufficiently to avoid litigation regarding the procedures to be applied when planning matters are appealed. Prior to the 1996 amendments all appeals were “de nova”, requiring the appellate body to completely hear and reconsider the matter, causing the parties, City staff, and the public to repeat all the information presented below, and potentially new information not previously presented. Such “de novo” review, however, gave no status to the lower decision, and greater flexibility to Council to reverse or modify the lower decision. One of the goals of the 1996 amendments was to require specificity of the reason or reasons for the appeal, and require the parties to only address those matters appealed from. It was hoped that this would narrow the focus of the proceedings and reduce the amount of evidence, and therefore time, involved in presenting the matter to the ultimate decision maker. The second change was to make clear that the burden of proof upon appeal was on the appellant. This clarification was added in response to the Court of Appeal decision in Cohan v. Citv of Thousand Oaks (1994) 30 Cal.App.LFth 547, requiring local ordinances relating to appeals of planning matters to make provision for the burden of proof, so that the parties knew who had to proceed on which issues once the appeal was being considered by the ultimate decision maker. Under prior procedures it was not clear whether the original applicant, or the appellant, was required to carry the burden of proof and what would be a proper basis of overturning or sustaining the lower decision. The third thing the 1996 amendments did was invest the lower decision with a presumption of correctness, and require the appellate body/ultimate decision maker to sustain the lower decision, unless the aopellant showed that it was wrong, by a preponderance of the evidence. This portion of the 1996 changes was not required by the Cohan decision, but was recommended by staff because the City Council had already determined which types of planning decisions it was comfortable - PAGE 2 OF AGENDA FILL NO. /<4/J delegating to the Planning Director, Planning Commission and/or Design Review Board for final decision subject only to appeal. Those types of matters related to non-legislative decisions (lesser permits), not to major general or specific plan amendments or large tentative maps. This Council deference to the Planning Director’s or Planning Commission’s expertise was consistent with good planning principles and a desire to streamline the process by eliminating incentive to appeal. The second option considered by the City Council in 1996, and not recommended by staff at that time, is the option now recommended. It satisfies the holding in the Cohan case by giving direction in the rules applicable to appeals concerning the appropriate burden of proof. It assigns the burden of proof to the appellant with regard to the reasons or grounds asserted in the written appeal, which continue to be specifically required to be called out. However, the new language clarifies that the hearing before the appellate body is “de novo”, that is, the appellate body can affirm, modify or reverse the lower action taken upon its independent review of the evidence, so long as the ultimate decision is based upon substantial evidence in the record. As a concession to the streamlining of the process, desired and effectuated by the older version of the ordinance being superseded, the new ordinance requires the appellate body to determine that all those matters which are not specifically appealed from are supported by findings by the lower decision maker and supported by substantial evidence in the record. This will continue to allow the focus only on the matters under appeal, while still giving the appellate body the ability to overturn the decision, if the appellant proves the grounds stated in the appeal exist by substantial evidence on record, and the Council, in its discretion, determines that the lower decision should therefore be overturned. It also expressly calls out the option of the City Council on appeal to determine the matter itself or remand the matter to the lower decision making body for further proceedings. In any event, the Council’s ultimate decision must be supported by substantial evidence to withstand judicial attack. Accordingly, the ordinance is recommended for adoption, along with the resolution effectuating it as a local coastal program amendment for all segments of the coastal zone. If approved by the City Council, it will be processed by the Coastal Commission’s Executive Director as a “de minimus” amendment. No public comments were received during the public review period. The Planning Commission recommended approval at its meeting of July 21, 1999. ENVIRONMENTAL REVIEW: The Planning Director has determined this project is exempt from environmental review under CEQA because it satisfies the general rule that there is no possibility that the adoption of this ordinance amendment and Local Coastal Program amendment will cause a significant impact on the environment, because it is a technical amendment relating to the burden of proof on appeals. FISCAL IMPACT: There is no direct fiscal impact associated with the implementation of this ordinance amendment. The application fee required for the filing of the appeal to the City Council ($600) remains the same. EXHIBITS: City Council Ordinance No. #+sbb City Council Resolution No. ??+ qq$ Planning Commission Resolutions No. 4599 and 4600 Planning Commission Staff Report;dated July 21, 1999 Excerpts of Planning Commission Minutes, dated July 21, 1999. Redlined/Strikeout of Ordinance : I L e . E 7 e 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 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 ordain as follows: SECTION I: 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 hriting 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 burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. 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 21.35 of the Carlsbad Municipal Code is amended by the amendment of section 21.35-l IO to read as follows: “21.351 IO Appeal to housina and redevelopment commission. Except as provided in Section 21.35.100(c), the action of the design review board is final and effective ten calendar days after the adoption of the resolution of decision unless an interested person appeals a design review board decision on a minor project or nonadministrative variance or by filing a written appeal with the City Clerk within such ten-day period. An individual member of the housing and redevelopment commission can be an interested person for the purposes of appeal. The written appeal shall specifically state the reason or reasons for the appeal and the Ordinance No. ~-506 II6 3 1 2 3 4 5 6 7 8 9 10 11 12 9 g mWtX 32-7 fpg 13 jL, 0) SO-j5 14 &gf 9 0 a;32 15 $;zx 16 05s E agf!J z-g l7 3 18 19 20 21 22 23 24 25 26 27 28 manner in which the decision of the design review board is in error. The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Housing and Redevelopment Commission is de novo, but 1 the Housing and Redevelopment Commission shall determine all matters not specified in the appeal have been found by the Design Review Board and are supported by substantial evidence. If the Housing and Redevelopment Commission finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Design Review Board with directions for further proceedings. The filing of an appeal shall stay the effective date of the design review board decision until such time as the housing and redevelopment commission has acted on the appeal. Fees for filing an appeal under this section shall be established by resolution of the City Council. “ SECTION III. 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 Appeal of plannina 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 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 burden of proof is on the appellant to establish by . substantial evidence that the reason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. 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. 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 Council shall render its decision on the appeal. The decision of the City Council is final.” Ordinance No. NS-506 216 1 SECTION IV: That Title 21, Chapter 21.47 of the Carlsbad Municipal 2 II Code is amended by the amendment of section 21.47.073(a) to read as follows: 3 4 5 6 7 8 9 10 11 12 9 g mwo, I?=-; sg 13 0) 283, 14 ms,f “5 9 5-8 nlL a;32 15 zwmo 8$i&- oza 16 E m aa: p-5 l7 i3 18 “21.47.073 Appeal of plannina 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 burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. The decision of the Planning Director on projects processed in accordance with Section 21.47.1 IO 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 Council shall render its decision on the appeal. The decision of the City Council is final.” SECTION V: That Title 21, Chapter 21.50 of the Carlsbad Municipal 19 I/ Code is amended by the amendment of section 21.50.100 to read as follows: 20 21 22 23 24 25 26 27 28 “21.50.100 Effective date of order for variance or conditional use oermit - 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 appealshall specifically state the reason or reasons for the appeal and the manner in which the decision of the Planning Commission is in error. The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Ordinance No. N's-506 3/6 1 2 3 4 Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. 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.” 5 SECTION VI: That Title 21, Chapter 21.54 of the Carlsbad Municipal 6 Code is amended by the amendment of section 21.54.140(b) to read as follows: 7 8 “2154.140 Appeal of plannina director decisions . Whenever the Planning Director is authorized, pursuant to this title, to 9 10 11 12 2 gj mwo, Yr7 13 %iL 8 0Wg.j jlLc3 $035 14 E=lle dgzo 9 * 2” 15 I&g+ 0 ,o,zd,- 05$ 16 b a82 c-3 l7 u 18 19 20 21 22 23 24 25 26 27 28 a 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 burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Planning Commission is de novo, but the Planning Commission shall determine all matters not specified in the appeal have been found by the Planning Director and are supported by substantial evidence. If the Planning Commission finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Director with directions for further proceedings. 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. The Planning Commission action on an appeal shall be final. Fees for filing an appeal under this section shall be established by resolution of the City Council.” SECTION VII: 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 ADDeEd of Dtannino 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 in error. The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Council is de novo, but the Council shall determine all Ordinance No. ~3-506 . i 6 E 10 11 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 Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. 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 Council shall render its decision on the appeal. The decision of the City Council is final.” SECTION VIII: That Title 21, Chapter 21.81 of the Carlsbad Municipal Code is amended by the amendment of section 21.81.080(a) to read as follows: “21.81.080 Aopeal of Carlsbad desian review board decision. (a) The action of the design review board is final and effective ten calendar days after the adoption of the resolution of decision unless the applicant or any other interested person. files a written appeal within that time with the secretary to the housing and redevelopment commission. An individual member of the housing and redevelopment commission 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 design review board is in error. The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Housing and Redevelopment Commission is de novo, but the Housing and Redevelopment Commission shall determine all matters not specified in the appeal have been found by the Design Review Board and are supported by substantial evidence. If the Housing and Redevelopment Commission finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the design review board with directions for further proceedings. 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 Housing and Redevelopment Commission shall render its decision on the appeal. The decision of the Housing and Redevelopment Commission 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. Notwithstanding the preceding, Sections II, VII and VIII effectuate a Local Coastal Program Amendment, and shall not be effective until Ordinance No. Ns-506 516 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 - approved by the Coastal Commission (or by its Executive Director as a de minimus amendment). INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 28th day of September , 1999, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of I 1999, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney Ordinance No. NS-506 CLAUDE A. LEWIS, Mayor Al-TEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 616 II’ 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 RESOLUTION NO. 99-444 follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO ALL SEGMENTS OF THE CITY’S LOCAL COASTAL PROGRAM TO MODIFY THE APPELLATE PROCEDURES RELATING TO PLANNING MATTERS CITYWIDE. CASE NAME: APPELLATE PROCEDURES CASE NO.: LCPA 99-04 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, on July 21, 1999, the Carlsbad Planning Commission held a duly noticed public hearing to consider Local Coastal Program Amendment 99-04 and adopted Planning Commission Resolution No. 4600 recommending to the City Council that it be approved; and WHEREAS, LCPA 99-04 will implement the proposed Citywide modifications to the appellate procedures since the City’s zoning ordinance regulates coastal zone properties; and WHEREAS, the proposed appellate procedures will not have any adverse impacts to shoreline resources or coastal zone policies regarding coastal access or development; and WHEREAS, the City Council did on the *day of September , 1999 hold a duly noticed public hearing as prescribed by law to consider the proposed amendments to the Zoning Ordinance and the City’s Local Coastal Program; and WHEREAS, at said public hearing, upon hearing and considering all testimony ad arguments, if any, of all persons desiring to be heard, the City Council considered all factors of the Local Coastal Program Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Resolution No. 4600 constitute the findings of the City Council in this matter. 3 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 3. That the Local Coastal Program Amendment, LCPA 99-04, is approved as shown in Planning Commission Resolution No. 4600 and Ordinance No. NS- 506 , on file with the City Clerk and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 28 day of September 1999, by the following vote, to wit: AYESCouncil Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ATTEST: r AHHA L.@bhhKfdk. Citv Clerk KAREN R. KUNDTZ, Ass&&&t 'City Clerk (SEAL) -2- 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 PLANNING COMMISSION RESOLUTION NO. 4599 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO CLARIFY THE BURDEN OF PROOF REGARDING APPEALS OF PLANNING MATTERS. CASE NAME: APPELLATE PROCEDURES CASE NO: ZCA 99-06 WHEREAS, the Planning Director has prepared a proposed Zone Code Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: make technical changes to the burden of proof aspect of the existing appellate procedures as well as clarifying the ability of final decisionmakers to affirm, amend or reverse lower decisions; and WHEREAS, on March 19, 1996, the City Council approved ZCA 95-06 and LCPA 95-06 making various technical changes to the appellate procedures relating to planning matters; and WHEREAS, staff concurs that the 1996 amendments may be interpreted to unduly restrict the City Council and the Planning Commission on appeals regarding planing matters; and WHERAS, staff has proposed revisions to clarify the burden of proof of the appellant in appeals regarding planning matters and the authority of the appellate body in such appeals; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X” dated, July 21, 1999, and attached hereto APPELLATE PROCEDURES ZCA 99-06/LPCA 99-04; and WHEREAS, the Planning Commission did on the 21st day of July, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 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; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of APPELLATE PROCEDURES ZCA 99-06, based on the following findings: FindinPs: 1. 2. . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . That the proposed Zone Code Amendment ZCA 99-06 is consistent with the General Plan in that the technical changes made to the appellate procedures will not alter or impact any General Plan program, policy or designation. That the proposed Zone Code Amendment is in compliance with the requirements of due process and is consistent with the principles of good planning, public necessity, convenience and public welfare. PC RESO NO. 4599 -2- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 21st day of July, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compaq L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: I ABSENT: I ABSTAIN: CAFUSBAD PLANNING COMMI$SION ATTEST: Planning Director PC RESO NO. 4599 -3- 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 PLANNING COMMISSION RESOLUTION NO. 4600 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO CLARIFY THE BURDEN OF PROOF REGARDING APPEALS OF PLANNING MATTERS IN ALL OF THE CITY’S SIX LOCAL COASTAL PROGRAM SEGMENTS. CASE NAME: APPELLATE PROCEDURES CASE NO: LCPA 99-04 WHEREAS, the City of Carlsbad has filed a verified application for an amendment to the Local Coastal Program with the Planning Commission; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment (LCPA 99-04) as shown on Exhibit “X” dated July 21,1999 attached to and incorporated by reference in companion Planning Commission Resolution No. 4599 (ZCA 99-06) as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, it is generally desirable that administrative appellate procedures in the Local Coastal Program and zone code provisions for properties in the coastal zone be in conformance with such appellate procedures outside the coastal zone; and WHEREAS, the Planning Commission did on the 21st day of July 1999, 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 Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) W That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on June 23, 1999 and ending on August 4, 1999, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of APPELLATE PROCEDURES LCPA 99- 04 based on the following findings: Findings: 1. 2. 3. 4. . . . . . . . . . . . . . . . . . . . . . . . . That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the six segments of the Carlsbad Local Coastal Program, in that the technical changes to the appellate procedures will have no impacts on coastal resources or policies. That the proposed amendment to the six segments of the Carlsbad Local Coastal Program is required to achieve compliance with the requirements of due process and is consistent with the principles of good planning, public necessity, convenience and public welfare. The proposed amendment is necessary to maintain consistency between the zoning code and the Local Coastal Program. That the Planning Director has determined that the project is exempt from environmental review under CEQA because it satisfies the basic rule that there is no possibility that adoption of this ordinance will cause any impact to the environment. PC RESO NO. 4600 -2- /5 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 21st day of July, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMI%ION ATTEST: MICHAEL J. I&ZI+&LER Planning Director PC RESO NO. 4600 -3- The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. 3 0 Application complete date: June 1, 1999 P.C. AGENDA OF: July 2 1, 1999 Project Planner: Eric Munoz Project Engineer: N/A SUBJECT: ZCA 99-06/LCPA 99-04 - APPELLATE PROCEDURES - Request for a zone code amendment and local coastal program amendment to clarify the procedure for appeals in land use planning matters. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4599 and 4600 RECOMMENDING APPROVAL of Zone Code Amendment ZCA 99-06 and Local Coastal Program Amendment LCPA 99-04, based on the findings contained therein. II. INTRODUCTION In March 1996, the City Council approved appellate procedures (ZCA 95-06/LCPA 95-06) relating to land use planning matters. The proposed amendments focus on the issue of burden of proof and the resulting ability of the final decisionmaker to amend or reverse the lower decision. City Council direction to staff, based on the use of the current provisions, is to provide more flexibility to the final decisionmaker to affirm, amend or reverse the lower decision in the case. III. PROJECT DESCRIPTION AND BACKGROUND The current appellate procedures require that an appellant carries the burden of proof to show how the lower decision was made in error and warranted a correction via the appeal. It also cloaked the lower decision in a presumption of correctness that limits the latitude of the Council in amending or reversing the lower decision. Prior to the 1996 code revisions which established the existing regulations, the hearings before the appellate body was “de novo”, that is, the appellate body could affirm, amend or reverse the lower decision so long as the ultimate decision is based on substantial evidence in the record. The proposed amendment presents a middle ground compromise whereby the burden of proof is still on the appellant, but the hearing is “de novo” so that the appellate body may affirm, amend or reverse the lower decision, Since the zone code amendment would apply citywide to land use planning matters, and the city contains coastal zone properties, a companion local coastal program amendment is necessary to effectuate the code changes within the coastal zone. LCPA 99-04 will be processed through the Coastal Commission subsequent to final city action. C _- ZCA 99-06/LCPA 99-04 - APPELLATE PROCEDURES July 21, 1999 IV. ANALYSIS The proposed changes are being initiated by the City Attorney’s Office after consultations with City Councilmembers regarding the use and implementation of the current appellate procedures. The general feeling is that the current procedures are too restrictive to the point where an appeal could not be realistically amended or reversed by the appellate body. The City Attorney’s Office drafted the proposed zone code amendment ordinance as contained in Exhibit “x” attached to Planning Commission Resolution No. 4599. Also attached to this staff report is a redline/strike-out version of the ordinance. V. ENVIRONMENTAL REVIEW The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the State CEQA Guidelines and will not have any adverse significant impacts on the environment. Section 15061(b)(3) exempts projects which can be seen with certainty, will have no possibility of having a significant environmental impact. The proposed changes to appellate procedures qualifies for this exemption because the it is a technical amendment relating to the burden of proof on appeals. A Notice of Exemption will be issued by the Planning Director after project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 4599 (ZCA) 2. Planning Commission Resolution No. 4600 (LCPA) 3. Exhibit “A” - Redline/Strike-out Version of Ordinance EM:eh - _-. .- 3. ZCA 9996/LCPA 99-04 - APPELLATE PROCEDURES Request for a Zone Code Amendment and Local Coastal Program Amendment to clarify the procedure for appeals in land use planning matters. Senior Planner, Eric Munoz presented the staff report as follows: The Appellate Procedures ZCA/LCPA was drafted and prepared by the City Attorney’s Office in response to feedback received from the City Council. The need for the changes are to align the appellate procedures with due process issues and to give final decision makers more flexibility when considering projects on appeal. The current regulations were put into place in 1996 and required an appellant to precisely state the reason that the lower body erred or passed an approval that is in need of correction. The final decision makers then were restricted to what they could act on to modify or reverse the lower decision. The current regulations also cloak the lower decision with a presumption of correctness; now that presumption of correction is no longer in place. The proposed ZCAILCPA still requires the appellant to disclose the areas of incorrectness or that an improper finding has been made; but the case before the appellant body is “de nova” meaning they can affirm, modify or reverse the lower decision. Commissioner Welshons asked the Attorney about the origin on this request. Mr. Rudolf clarified that the original ordinance provided for a de novo hearing. The first amendment to the ordinance amended that, to provide a presumption of correctness and required the appellant to carry the burden of proof to overturn the decision, which was essentially a review of the record. Today’s ordinance is a partial return to the original ordinance in that that portion of the matter specifically appealed from, will be treated as “de nova,” but the rest of the matter will be deemed having been appropriately treated by the lower decision maker. ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolutions No. 4599 and 4600, recommending approval of Zone Code Amendment ZCA 99-06 and Local Coastal Program Amendment LCPA 99- 04, based upon the findings and subject to the conditions contained therein, VOTE: 7-o AYES: Heineman, Compas, L’Heureux, Segall, Trigas, Welshons, Nielsen NOES: None REDLINED VERSION “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 dm of the ?!m before the Council is de nova, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order suppotied by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. 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.” “21.35110 ADDeal to housina and redevelorsment commission. Except as provided in Section 21.35.100(c), the action of the design review board is final and effective ten calendar days after the adoption of the resolution of decision unless an interested person appeals a design review board decision on a minor project or nonadmini$rative variance or by filing a written appeal with the city clerk within such ten-day period. An individual member of the housing and redevelopment commission can be an interested person for the purposes of appeal. The written appeal shall specifically state the reason or reasons for the appeal and the . . manner in which the decision of the design review board is in error. Tkn of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the Housing and Redevelopment Commission is de novo, but the Housing and Redevelopment Commission shalt determine all matters not specified in the appeat have been found by the Design Review Board and are supported by substantial evidence. If the Housing and Redeveiopment Commission finds one or more grounds set forth in the notice of appeal supported by substantial evidence, if may, nevertheless, affirm, modify, or reverse the action of the Design Review Board, and make such order supported by substantial evidence as it deems appropriate, including remand to the Design Review Board with directions for further proceedings. The filing of an appeal shall stay the effective date of the design review board decision until such time as the housing and redevelopment commission has acted on the appeal. Fees for filing an appeal under this section shall be established by resolution of the city council. “ “21.45.073 ADDeal of Dlannina 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 development project, or any other interest 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. G~+&&+x cf S bc M&r+3&@ thcP;h’cf~ that the reason(s) for the appeal exist. The hearing before,the, Council is de novo, but the Council shall determine all matters not specified .in the.appeaLhave been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substanial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. The decision of the Planning Director on projects processed in accordance with Section 21.45140 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 Council shall render its decision on the appeal. The decision of the City Council is final.” “21.47.073 ADDeal of Plannina 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. rc T)!m before the Council is de novo, but the Council shall determine al1 matters not specified in the appeal have been found by the PJanning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. The decision of the Planning Director on projects processed in accordance with Section 21.47.1 IO 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 Council shall render its decision on the appeal. The decision of the City Council is final.” “21.50.100 Effective date of order for variance or conditional use permit - 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. %e exist. The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, neverthelessm, affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. 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 3 resolution of the City Council.” “21.54.140 Anpeal of Dlannina director decisions. (b) 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. m exist. The hearing before the Planning Commission is de novo, but the Planning Commission shall determiner all matters not specified in the appeal have been found by the Planning Director and are supported by substantial evidence. If the Planning Commission findsone or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Planning Director, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Director with directions for further proceedings. The appeal shall be filled 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. The Planning Commission action on an appeal shall be final. Fees for filing an appeal under this section shall be established by resolution of the City Council.” “21.80.080 ADDeal of Plannina 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 in error. Tkh The hearing before the Council is de novo, but the Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence, If the Council finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, 4 modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. 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 Council shall render its decision on the appeal. The decision of the City Council is final.” “21.81.080 Appeal of Carlsbad desian review board decision. (a) The action of the design review board is final and effective ten calendar days after the adoption of the resolution of decision unless the applicant or any other interested person files a written appeal within that time with the secretary to the housing and redevelopment commission. An individual member of the housing and redevelopment commission 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 design review board is in error. 1 The hearing before the Housing and Redevelopment Commission is de novo, but the Housing and Redevelopment Commission shall determine all matters not specified in the appeal have been found by the Design Review Board and are supported by substantial evidence. If the Housing and Redevefopment Commission finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the Housing and Redevelopment Commission; and make such order supported by substantial evidence as it deems appropriate, including remand to the Design Review Board with directions for further proceedings. 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 Housing and Redevelopment Commission shall render its decision on the appeal. The decision of the Housing and Redevelopment Commission is final.” C PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALlFORNlA County of San Diego 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. l am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Sept. 17, 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San MArcos , California this 17th day of Sept. 1999 Signature/ This space is for the County Clerk’s Filing Stamp Proof of Publication of Public Hearing JUOdCE, OF Pl@IC .HEARING ZCA 994WLCPA gg-04 APPELLATE PROCEDURES maken, to affirm, amend If you chaflee the Zone &&Ii &riik&&nt and Local Coastal Program Amendment !n,c+& I$Ju.T be limited to raising only the lsaues raked by you’oi tamebna e$ atthe pub@ hearing described In this npttae, of kr wttttmimdence dellvered to the City of Cadsbad City Clerk‘s Off&% tit, or pr@ to, the public hearing. ‘_ ” 1’ ‘. ~,:? ‘)a .b ::‘ c : f:‘! ; $31, ,y.. ;I, ; >,2 i.‘,‘G b” 3” ‘-5 .‘, ..- :., _ - a.. i,‘b .,:,. **$k :k& -**‘<;$ :+g. i”‘? .’ ~ “‘f .$$,“. “.:,-%. I ‘* ,yy’I’y -’ , NORTH COUNTY TIMES Legal Advertising ’ NOTICE OF PUBLIC HEARING ZCA 99-06/LCPA 99-04 APPELLATE PROCEDURES NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, September 28, 1999, to consider approval of a Zone Code Amendment and Local Coastal Program Amendment to clarify the procedure for appeals in land use planning matters and more particularly described as: Make technical changes to the burden of proof aspect of the existing appellate procedures as well as clarifying the ability of final decision makers to affirm, amend or reverse lower decisions. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on or after September 24, 1999. If you have any questions regarding this matter, please contact Eric Munoz, in the Planning Department, at (760) 438-l 161, extension 4441. If you challenge the Zone Code Amendment and Local Coastal Program Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public hearing. PUBLISH: SEPTEMBER 17,1999 CITY OF CARLSBAD CITY COUNCIL -. (Form A) TO: CI1.Y CLERK’S OFFICE FROM: CITY ATTORNEY'S OFFICE RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notlde ZCA 99-()6/LCPA 99-04 - APPELLATE PROCEDURES for a public hearing before the City Council. Please notice the ften for the council meeting of First Available Hearing in September Thank you. August 12, 1999 Date City of &/e c oy NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, July 21, 1999, to consider a request for a Zone Code Amendment and Local Coastal Program Amendment to clarify the procedure for appeals in land use planning matters and more particularly described as: Make technical changes to the burden of proof aspect of the existing appellate procedures as well as clarifying the ability of final decisionmakers to affirm, amend or reverse lower decisions; and Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after July 15, 1999. If you have any questions, please call Eric Munoz in the Planning Department at (760) 438-l 161, extension 4441. If you challenge the Zone Code Amendment and Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA 99-06/LCPA 99-04 CASE NAME: APPELLATE PROCEDURES PUBLISH: JULY II,1999 CITY OF CARLSBAD PLANNING DEPARTMENT 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-l 161 l FAX (760) 438-0894 @ , CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST 801 PINE AVE 1 CIVIC CENTER DR I~ARLSBAD CA 92008 SAN MARCOS CA 92069 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 ENCINITAS SCHOOL DIST 101 RANCH0 SANTA FE RD ENCINITAS CA 92024 LEUCADIA CNTY WATER DIST OLIVENHAIN WATER DIST 1960 LA COSTA AVE 1966 OLIVENHAIN RD CARLSBAD CA 92009 ENCINITAS CA 92024 CITY OF SAN MARCOS CITY OF OCEANSIDE 1 CIVIC CENTER DR 300 NORTH COAST HWY SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 CITY OF VISTA PO BOX 1988 VISTA CA 92085 I.P.U.A. 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PO BOX 3044 SACRAMENTO CA 95812-3044 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 980 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION ROOM 5504 1120 N STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS RESOURCES AGENCY TIM VASQUEZ, ENVIRONMENTAL PLANNING RM 1311 2829 SAN JUAN ST 1416 NINTH STREET SANDIEGO CA 92138 SACRAMENTO CA 95812 U. S. FISH AND WILDLIFE SERVICE SUITE 130 3310 EL CAMINO AVENUE SACRAMENTO CA 95821 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 15 16 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONG BEACH CA 90802 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DRIVE SAND DIEGO CA 92108 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF FISH AND GAME GAIL PRESLEY, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1341 1416 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL COORD RM 1516-2 1416 NINTH STREET SACRAMENTO CA 95814 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVENUE SANFRANCISCO CA 95814 WATER RESOURCES CONTROL BOARD PO BOX 100 SACARAMENTO CA 95801 REGIONAL WATER QUALITY CONTROL BOARD . SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 BARRY BRAYER, AWP-8 FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 LOS ANGELES CA 90009 DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 2121-C SECOND STREET DAVIS CA 95616 PACIFIC REGIONAL MANAGER NATIONAL OCEANIC AND ATMOSPHERIC ADMIN - OCRM, 55MC4 N/ORM - 3 1305 EAST-WEST HIGHWAY SILVER SPRING MD 20910 U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF DEFENSE LILY ALYEA - SUITE 702 LOS ANGELES DISTRICT ENGINEER 333 MARKET STREET PO BOX 2711 SAN FRANCISCO CA 94105-2197 LOS ANGELES CA 90053 DEPARTMENT OF ENERGY 611 RYAN PLAZA DR STE 400 ARLINGTON TX 760 11-4005 USDA - RURAL DEVLOPMENT 430 ST DEPT 4169 DAVIS CA 95616 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRJCT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92 132 U. S. BUREAU OF LAND MANAGEMENT 2135 BUTANO DRIVE SACRAMENTO CA 95825 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 190 1 SPINNAKER DRIVE SAN BUENAVENTURA CA 93001 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 901 MARKET STREET SAN FRANCISCO CA 94103 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SANFRANCISCO CA 94102 U. S. BUREAU OF RECLAMATION MID-PACIFIC REGION 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWERN 11112ND STREET CRESCENT CITY CA 95531 CALIFORNIA COASTAL COMMISSION SUITE 200 3 111 CAMINO DEL RIO NORTH SAN DIEGO CA 92 108 * H:iADMINUu4BELS\LCP INTERESTED PARTIES UPDATED 3-99 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 COPIES TO: + CITY CLERK + MAIN LIBRARY + BRANCH LIBRARY + WATER DISTRICT CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOS ALAMITOS CA 90702 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS 25709 HILLCREST AVE ESCONDIDO CA 92026 MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 U.S. FISH &WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER SANDAG - EXEC DIRECTOR IST INT’L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 BILL MCLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN ATTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL ROAD CARLSBAD CA 92009