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HomeMy WebLinkAbout1999-10-05; City Council; 15431; Appellate Procedures. Cl-P- OF CARLSBAD - AGEN’--. BILL APPELLATE PROCEDURES ZCA 99-06iLCPA 99-04 RECOMMENDED ACTION: CITY ATTY - CITY MGR. - Adopt Ordinance No. NS-506, amending various sections of Title 21 of the Carlsbad Municipal Code relating to appellate procedures upon appeal of planning matters, to assign the burden of proof to the appellant with regard to the reasons contained in the written appeal, and to clarify that the hearing before the appellate body is “de novo”, and that the appellate body can affirm, modify, or reverse the lower action based on substantial evidence. ITEM EXPLANATION Ordinance No. NS-506 was introduced and first read at the City Council meeting held on September 28, 1999. The second reading allows the City Council to adopt the ordinance which would then become effective in thirty days. (Notwithstanding the preceding, Sections I.. VII, and VIII of this ordinance effectuate a Local Coastal Program Amendment, and shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission, or its Executive Director.) The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 15,413 on file with the City Clerk. EXHIBITS 1. Ordinance No. NS-506. ; I L c . f 7 e 9 10 11 12 0 0) swe 32-7 %Bs” 13 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 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 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 21.35.1 IO to read as follows: “21.35110 Aooeal to housina and redevelooment 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. NS-506 l/6 1 2 3 4 5 6 7 a 9 10 11 12 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 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 Ill. 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 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 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 3 4 5 6 7 8 9 10 11 211 Cd o e is amended by the amendment of section 21.47.073(a) to read as follows: “21.47.073 ADDeal of Dlannino 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 21.47.110 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 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 18 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 I “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 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. . ~-506 316 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 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.” SECTION VI: 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: “2154.140 ADDeal of plannina director decisions . 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 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 Directors 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 ADpeal of olannina 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. NS-506 . 416 -. 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.” 7 II SECTION VIII: That Title 21, Chapter 21.81 of the Carlsbad Municipal I 6 9 10 11 19 20 21 22 23 Code is amended by the amendment of section 21.81.080(a) to read as follows: “21.81.080 Apoeal 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 24 adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to 25 be published at least once in a newspaper of general circulation in the City of Carlsbad 26 within fifteen days after its adoption. Notwithstanding the preceding, Sections II, VII 27 and VIII effectuate a Local Coastal Program Amendment, and shall not be effective until 28 Ordinance No. NS-506 , a . . 1 2 2 4 E E 7 a 9 10 11 12 9 8 mwm E$ 13 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 Carisbad 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 5th day of October , 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila and Nygaard NOES: None ABSENT: Council Member Kulchin APPROVED AS TO FORM AND LEGALITY 1 RONALD R. BALL, City Attorney /0.6.w.- . Ordinance No. NS-506 6/6 ATTEST: (SEAL) Z, City Clerk nt City Clerk