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HomeMy WebLinkAbout1995-11-01; Planning Commission; ; ZCA 95-06|LCPA 95-06 - APPELLATE PROCEDURESI The City of Carlsbad Plamdng DepartmeDt e A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: NOVEMBER 1, 1995 Item No.@ Application complete date: N/A Project Planner: Chris DeCerbo Project Engineer: SUBJECT: ZCA 95-06/LCPA 95-06 -APPELLATE PROCEDURES -A Zone Code Amendment and Local Coastal Program Amendment to allow individual members of the City Council to appeal otheIWise appealable planning matters to the full Council, requiring specificity with regard to the reasons for the appeal, and providing for the burden of proof upon such appeal. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3818 and 3819, RECOMMENDING APPROVAL of ZCA 95-06 and LCPA 96-06 based on the findings contained therein. II. INTRODUCTION The City Council has requested that staff prepare procedures which would allow a member of the Council to appeal decisions of the Planning Commission, Design Review Board, or Planning Director that are currently subject to appeal apparently only by the applicant or members of the public. Staff has prepared amendments consistent with recent court decisions that would accomplish the Council's request. Additionally, staff has taken the opportunity to propose amendments to the code relating to appeals in general to avoid matters which have been found defective by the courts. III. PROJECT DESCRIPTION AND BACKGROUND The recent Court of Appeal decision in Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 457 ( as modified on denial of rehearing 12/21/94 1994 Cal.Lexis 1300) held that certain aspects of appeals of planning matters by a City Council to itself resulted in a deprivation of due process to the applicant for the underlying discretionary approval. The proposed ordinance remedies all the items in the Carlsbad Municipal Code relating to appeals found defective by the court. It allows individual members of the Council, but not the full Council, to appeal planning matters to the full Council by following the same appeal procedures required of other appellants. It adds similar provisions regarding Planning Director and Design Review Board decisions. ZCA 95-06/LCPA 95-06 &PELLATE PROCEDURES NOVEMBER 1, 1995 PAGE 2· The proposed amendment adds a new requirement that the written appeal include the stated reasons for the appeal, so as to provide a focus for the decisionmakers' consideration of the appeal and the presentation of evidence by the applicant, the appellant, and the general public. It also newly assigns the burden of proof to the appellant with regard to the presentation of evidence determining whether or not the decision of the Planning Commission, Design Review Board or Planning Director will be sustained or overruled by the administrative appellate body upon appeal. The changes are shown on the attached Exhibit "A" in redline/strikeout format for your information. The City's Zoning Ordinance also functions as the implementing zoning for Carlsbad's Local Coastal Program (LCP). Accordingly, a Local Coastal Program Amendment is being processed to ensure consistency between the proposed amended zone code and the City's LCP. The ordinance provides that those sections of the amended ordinance applicable to the Coastal Zone (i.e., Section 21.80.080 and 21.81.080) will not become effective until approved by the Coastal Commission. IV. ANALYSIS The proposed zone code amendment/local coastal program amendment is in compliance with the requirements of due process and is consistent with the principles of good planning, public necessity, convenience, and the public welfare by providing clarity to the appellate process where matters are appealable to the City Council or Planning Commission following otherwise final action by the Planning Commission, Design Review Board, or Planning Director. The proposed amendment would also be consistent with applicable Local Coastal Program standards, policies and provisions and will have no effect on coastal resources. Therefore, staff recommends approval of ZCA 95-06 and LCP A 95-06 based on the findings contained in the attached resolutions. The proposed ordinance changes are shown in redline/strikeout format as an attachment to Planning Commission Resolution No. 3819. V. ENVIRONMENTAL REVIEW This action is exempt from environmental review under CEQA in that the Planning Director has determined that there is no possibility that the activity may have a significant effect on the environment. ATTACHMENTS 1. Planning Commission Resolution No. 3818 2. Planning Commission Resolution No. 3819 3. Notice of Exemption dated September 18, 1995 4. Exhibit "A". CD:kc September 23, 1995 Notice of Exemption To: X County aerk County of San Diego Attn: Mail Drop C-11 220 West Broadway San Diego, CA 92101 From: City of Carlsbad Planning Department 2075 Las Palmas Dr. Carlsbad, CA 92009 (619) 438-1161 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title Appellate Procedures ZCA 95-06/LCPA 95-06 Project Location • Specific ...... C=i_,.tywt...a.;.=.;·d=e'---_________________ _ Project Location -City: Carlsbad Project Location -County San Diego Description or Project: A Zone Code Amendment and Local Coastal Program Amendment to allow individual members of the City Council to appeal otherwise appealable planning matters to the full Council, requiring specificity with regard to the reasons for the appeal. and providing for the burden of proof upon such appeal. Name or Public Agency Approving Project: ...... C=i.,.ty ...... o=f;,...;Ca=r=ls=ba=d-.. _________ _ Name or Person or Agency Carrying out Project: --'C=i...,,ty ...... o=f'--'C=a=rl=sb=a=d-.. _______ _ Exempt Status: (Check one) Ministerial (Sec. 21080(b)(l); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: _________ _ X Statutory Exemptions. State code number: "General Rule" Exemption Reasons why project is exempt: There is no possibility that the adoption of this ordinance amendment will cause a significant impact on the environment. Lead Agency Contact Person: D. Richard Rudolf Area Code/felephone/: (619) 434-2991 x2945 Ir flied by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? • _ Yes _ No Signature: ~~ Date: t>i} I 'tJ/C,) Title: Planning Director ~R IX] Signed by Lead Agency □ Signed by Applicant RR.-CO:kr Revised October 1989 • EXHIBIT "A" November 1, 1995 STRIKEOUT/REDLINE VERSION OF CHANGES TO TITLE 21 ORDINANCE APPROVING AMENDMENTS TO LCP "21.06.130 Effective date of order. The decision of the Planning Commission is final and effective ten fflilijfidaf days after the adoption of the resolution 0F 6:f decision unless within such ten-day.,penod an appeal in writing is filed with the city clerk ·by an interested '·':'':'':''BB. miHtiffildlifil deci~ion until such time as the City Council has acted on the appeal. fi:!.~i:Il9:tf@U&.fi1 appealtunrl:e.rtffiistse¢tionMslialkHte.sffl6.1islieadiy,,,,t.eso1utiontofi:JHe.t©iw/€&.iine11. '' "21.35.11 housing a d r evelopment commission. • 1mi¢d!P.:ti: '· igptR¢¥imMi=· dsd;ili~l¾W.g:,:e-ffflptfflt;Wffi!W¢file.uttar:,gs afte.1rtheradoptib.n=-=o.f'· =·=·of?de.c.mias=-'-an Any mterested party may oorso.n ~PP·~~if :··d~si;··=·;;~:~❖board deci~~~~=··~~···~··;i~·~;·=·P;~j~~t or denial of an; other pmji•~~·=by filing a:· written appeal with the City Clerk within JR!fi ten~;'::, '.;::'.:I ealendar days of the section shall be establishe by resolution of the City Council. "21.45.073 Appeal of Planning Commission decision. pafond,lit]fo{fijsi~*iiil;!itl,,.,-,.~ial:fi111ii:::111«1Jti11;J&illll1:~!L,::, •• ::'.'": ........ ·❖••:!lllll.!mlin@Bi peno.d!lt+he 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 may appeal, from any action of the Planning Commission to the City Council file.s.tat:written!t:apaliw.Jtlittlie.tliiltytG.1¢tiWti#Afinintn,vidualrme.nifie.rr:o:ftthe.m€1-W. 1 • be appealed to the Planning Commission by filing a written notice of appeal with the ~l:a,::1~1;as.:ftiji:Eaiiiffii~ia.t:.~;H&~~ffl=~hil. i~~~T 1~,m=!~!!!!~~!r!, this section shall be established by resolution of the City Council. Any appeal to the City Council shall be filed with the City Clerk ·within ten calendar days after the action to the Planning Commission from •.vh:foh the appeal is being taken." 1121.47.073 Appeal of Planning Commission decision. c.a!¢.ndat;dmJgit&r.5:::::Le:i::::l11ig;:;::::::.W::::~~~~~!,c····,·,··· ........ · ··,··· -~--,-•i-.,,·,·,· •.••······ peiibdMt+he applicant or any other interested perso Planning C • • • · Co • •. · ,, ... ,,,.·.·,w····:w·······::···· ffill The decision of the Planning Director on projects processed in accordance with Section 21.45.140 liH,i[tQ 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 HWffii. sam~r,manuetmaniLs,u15je,et\jto.::,ffie§samediutde.mof::p;ropX1!a~{fl]J.Peffls,:,t0.,tllje~1liJ;y.:,@9-qymf.. Fees for filing an appeal under this section shall be established by resolution of the City Council. Any appeal to the City Couneil shall be filed vlith the City Clerk within ten calendar days after the action to the Planning Commission from whieh the appeal is being taken. Upon the filing of an appeal, the City Oerk 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." 1121.50.100 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 @le.fl Council by aii?f' .......... •.•········•,·❖:]J.I «::::!t:~:;;-❖e.;t!::~=~-o::;:i,:&::~~c.:;:::.!::rif::ffie'.::t:asoll$,)f~~ 2 • -. '. • ••• "" ' •. " - §i~ln~i=·-,.,_. ,,,,;_· -..... v;,:=,======· ,=,====·· .=, ·•·=-,.,=,=,=,=,i''=· ·-=-::-,=. -·~· -~=·=·@~g•===~=t a within such time lim1 s e order of the Planning Commission until such time as the City Council has acted on the appeal as hereafter set forth in this title. Fees for filing an appeal under this section shall be established by resolution of the City Council." "21.54.140 Appeal of planning director decisions. (b) Whenever the Planning Director is authorized pursuant to this title to make a decision or determination such decision or determination is final unless the determinatio ision is app lanning Com • • . ~ ;"~ """' [ ""1~ -" ' -· • --~:::: .. ,=,==-=:::=:::=«<-:':::•::s;:=s<'hs, g Commission within ten calendar days after the date of the Planning Director's decision. The Planning Director's decision or determination shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The Planning Commission action on an appeal shall be final. Fees for filing an appeal under this section shall be established by resolution of the City Council." "21.80.080 Appeal of Plannin ommissio • • ca1anmrntdays,~~~~==::~::::::1:::1:::::r ,:·~:::;i;~~:·.~=:··;;' ·-·,:::ey pefi6.iU$llie applicant or any other interested f the Clerk vlithin ten days after the aetion of the s o ,v is beiag takea. Upon the filing of an appeal, the City Oerk 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. 11 3 • • "21.81.080 A d design review board decision. dtiyjfifw.iWWI~ _·-:1;::.:r:r:~~:=~w~:1~:: interested pers , n of the Design T • • , • g and Red0¥elopH3:eBt Cammi ··,=·=,=,=·==::;:===·==;i"''''''':'''''·····:··•=;-,,=,=,=·=,;;;t'·'='=':'='='·:·=,=,=·=,=,=·=:·,;;::'''''''':i:.'··:···=,;r· ·=·=,· ~!~!g: :<·.· :-: •••••• -~ ~-~"""~='' Any such appeal shall be filed ·.vith the City Gerk vt.ithiB teB days after the action of the Design REWie>.v Board from ·.vhieh the appeal is bemg taken. Upon the filing of an appeal, the City Oerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten calendar days following the conclusion of the hearing, the Housing and Redevelopment Commission shall render its decision on the appeal. The decision of the IJwusing and lredevelopment §,eommission is final. Fees for filing an appeal under this section shall be established by resolution of the City Council." 4