HomeMy WebLinkAbout1996-03-19; City Council; Resolution 96-961
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RESOLUTION NO. 96-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
COASTAL PROGRAM AMENDMENT TO ALLOW INDIVIDUAL MEMBERS OF THE CITY COUNCIL TO APPEAL
OTHERWISE APPEALABLE PLANNING MATTERS IN ALL OF THE CITY'S SIX LOCAL COASTAL PROGRAM SEGMENTS.
CASE NAME: APPELLATE PROCEDURES
OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL
CASE NO: LCPA 95-06
WHEREAS, California state law requires that the
Coastal Program, General Plan, and Zoning designation:
properties in the Coastal Zone be in conformance; and
WHEREAS, the City filed a verified application f
amendment to the Local Coastal Program, as shown on the prc
Ordinance dated March 12, 1996, attached hereto and incorpora.
this reference; and
WHEREAS, said verified application constitutes a rf
for a Local Coastal Program Amendment, as provided in 1
Resources Code section 30574 and Article 15 of Subchapt
Chapter 2, Division 5.5, Title 14 of the California Co
Regulations of the California Coastal Commission Administi
Regulations; and
WHEREAS, the Planning Commission conducted a duly nc
public hearing on said proposed ordinance/LCPA at its meet.
November 15, 1995 and recommended modified approval, de
certain language related to specificity and burden of pro0
appeal; and
WHEREAS, the City Council did on the 12th day
March , 1996, hold a duly noticed public hearing as
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prescribed by law to consider the proposed Local Coastal PI
Amendment; and
WHEREAS, at said public hearing, upon hearinl
considering all testimony and arguments, if any, of all pt
desiring to be heard, the City Council considered all f,
relating to the Local Coastal Program Amendment; and
WHEREAS, Council prefers to reinstate the lar
deleted by the Planning Commission, thereby requiring
appellants specify the grounds for appeal and that appeals nai
consider only those specified grounds, with appellants carryi
burden of proof as to those matters; and
WHEREAS, state Coastal Guidelines require a six
public review period for any amendment to the Local Coastal PI
NOW, THEREFORE, BE IT RESOLVED by the City Council 1
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That at the end of the state mandated six week I:
period, starting September 7, 1995, and ending on October 29,
no public comments were received.
3. That based on the evidence presented at the 1
hearing, the Council APPROVES LCPA 95-06, as shown on the ord:
dated March 12 , 1996, attached hereto and made a part I
based on the following findings:
FINDINGS:
1. The proposed Local Coastal Program Amendment is in compl
with the requirements of due process and is consistent the respective land use plans and the principles of go(
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planning and public necessity, convenience and the I welfare.
2. The proposed amendment would be consistent with appl:
Local Coastal Program standards, policies and provisioi will have no effect on coastal resources.
3. The proposed amendment is required to maintain consi! between the Zoning Code and the Local Coastal Program.
4. The Planning Director has determined that the prole
exempt from environmental review under CEQA becaul
satisfies the basic rule that there is no possibiliti
adoption of this amendment will cause as significant imp
the environment.
PASSED, APPROVED AND ADOPTED at a Regular Meeting 1
19th day of Mp City Council of the City of Carlsbad on the
1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila,
NOES: None
ABSENT: None
ATTEST:
ALETHA L. FUiUTENKRANZ, City CJerk
( SEAL )
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ORDINANCE NO. NS - 352
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE RELATING TO
APPELLATE PROCEDURES REGARDING PLANNING MATTERS TO ALLOW THE INDIVIDUAL MEMBERS OF
THE CITY COUNCIL TO BE APPELLANTS AND TO
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PROVIDE UNIFORM PROCEDURES REGARDING THE
TIME, FORM AND CONTENT OF APPEAL AND THE
BURDEN OF PROOF UPON APPEAL.
The City Council of the City of Carlsbad, Califori
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.06 of
Carlsbad Municipal Code is amended by the amendment of secl
21.06.130 to read as follows:
"21.06.130 Effective date of order. The decision of the Planning Commission is final
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effective ten calendar days after the adoption of the resolut of decision unless within such ten-day period an appeal writing is filed with the City Clerk by an interested per: An individual member of the City Council can be an intere: person. The written appeal shall specifically state the re; or reasons for the appeal and the manner in which the deci: of the Planning Commission is in error. The decision of Planning Commission shall be affirmed by the City Council unl the appellant shows by a preponderance of the evidence that decision of the Planning Commission is in error, inconsist with state law, the General Plan or any applicable speci plan, master plan, zoning ordinance or policy of the City. filing of an appeal shall stay the effective date of Planning Commission decision until such time as the City Coun has acted on the appeal. Fees for filing an appeal under t section shall be established by resolution of the City Counci
SECTION 11. That Title 21, Chapter 21.45 of
Carlsbad Municipal Code is amended by the amendment of sect
21.45.073(a) to read as follows:
"21.45.073 Appeal of Planninq Commission decisio
(a) The decision of the Planning Commission is fi and effective ten calendar days after the adoption of resolution of decision unless within such ten-day period applicant, any resident of the subject property, in the case
a proposed conversion of residential real property to a plan
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development project, or any other interested person filc written appeal with the City Clerk. An individual member of City Council can be an interested person. The written apl shall specifically state the reason or reasons for the apl
and the manner in which the decision of the Planning Commis: is in error. The decision of the Planning Commission shal
affirmed by the City Council unless the appellant shows 1
Commission is in error, inconsistent with state law, the Geni Plan or any applicable specific plan, master plan, zo
ordinance or policy of the City. The decision of the Plan Director on projects processed in accordance with Sec
21.45.140 may be appealed to the Planning Commission by fi a written notice of appeal with the Planning Director within
calendar days of the decision in the same manner and subjec the same burden of proof as appeals to the City Council.
for filing an appeal under this section shall be establishe resolution of the City Council."
preponderance of the evidence that the decision of the Plan.
SECTION 111: That Title 21, Chapter 21.47 of
Carlsbad Municipal Code is amended by the amendment of secl
21.47.073 to read as follows:
"21.47.073 Appeal of Planninq Commission decisic (a) The decision of the Planning Commission is f: and effective ten calendar days after the adoption of resolution of decision unless within such ten-day pel applicant or any other interested person files a written ap]
can be an interested person. The written appeal SI
specifically state the reason or reasons for the appeal and manner in which the decision of the Planning Commission is error. The decision of the Planning Commission shall affirmed by the City Council unless the appellant shows L preponderance of the evidence that the decision of the Plan1 Commission is in error, inconsistent with state law, the Gent
Plan or any applicable specific plan, master plan, zoi ordinance or policy of the City. The decision of the Planr Director on projects processed in accordance with Sect 21.47.110 may be appealed to the Planning Commission by fil a written notice of appeal with the Planning Director within calendar days of the decision in the same manner and subject the same burden of proof as appeals to the City Council. E for filing an appeal under this section shall be establishec
resolution of the City Council. Upon the filing of an appeal, the City Clerk shall
the matter for public hearing. Such hearing shall be k
within thirty days after the date of filing the appeal. Wit ten days following the conclusion of the hearing, the City
with the City Clerk. An individual member of the City COUI
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Council shall render its decision on the appeal. The deci of the City Council is final.”
SECTION IV: That Title 21, Chapter 21.50 of
Carlsbad Municipal code is amended by the amendment of sec
21.50.100 to read as follows:
“21.50.100 Effective date of order for variancc
conditional use permit - Time for appeal. The order of the Planning Commission in grantinl
denying a variance or conditional use permit shall become f: and effective ten calendar days after the rendering of
decision granting or denying the variance or conditional permit unless within such ten-day period an appeal in writin1
filed with the City Clerk by an interested person.
individual member of the City Council can be an intere:
person. The written appeal shall specifically state the re; or reasons for the appeal and the manner in which the decir
of the Planning Commission is in error. The decision of Planning Commission shall be affirmed by the City Council un:
the appellant shows by a preponderance of the evidence that decision of the Planning Commission is in error, inconsis1
with state law, the General Plan or any applicable spec: plan, master plan, zoning ordinance or policy of the City. filing of such appeal within such time limits shall stay
effective date of the order of the Planning Commission UI such time as the City Council has acted on the appeal
hereafter set forth in this title. Fees for filing an apl:
City Council. I’
under this section shall be established by resolution of
SECTION V: That Title 21, Chapter 21.54 of
Carlsbad Municipal Code is amended by the amendment of sect
21.54.140(b) to read as follows:
“21.54.140 Appeal of planninq director decisions
(b) Whenever the Planning Director is authori
pursuant to this title to make a decision or determination s decision or determination is final unless the determinatior decision is appealed by an interested person to the Planr Commission. An individual member of the City Council can be interested person. The written appeal shall specifically st
the reason or reasons for the appeal and the manner in which
decision of the Planning Director is in error. The decision
the Planning Director shall be affirmed by the Plann Commission unless the appellant shows by a preponderance of evidence that the decision of the Planning Director is in err
inconsistent with state law, the General Plan or any applica
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,specific plan, master plan, zoning ordinance or policy of City. The appeal shall be filed in writing with the secre-
of the Planning Commission within ten calendar days after
date of the Planning Director ‘ s decision. The Plan) Director‘s decision or determination shall be made in writ The date of the decision shall be the date the wri
containing the decision or determination is mailed or others delivered to the person or persons affected by the decisio1
determination. The Planning Commission action on an apl shall be final. Fees for filing an appeal under this seci
shall be established by resolution of the City Council.ii
SECTION VI: That Title 21, Chapter 21.80 of
Carlsbad Municipal Code is amended by the amendment of secl
21.80.080(a) to read as follows:
“21.80.080 Appeal of Planninq Commission decisic (a) The decision of the Planning Commission is fi and effective ten calendar days after the adoption of resolution of decision unless within such ten-day period applicant or any other interested person files a written apE with the City Clerk. An individual member of the City Cour can be an interested person. The written appeal st
specifically state the reason or reasons for the appeal and
manner in which the decision of the Planning Commission is The decision of the Planning Commission shall error. affirmed by the City Council unless the appellant shows b preponderance of the evidence that the decision of the Plann Commission is in error, inconsistent with state law, the Gene Plan, the Agua Hedionda Land Use Plan, or any applica specific plan, master plan, zoning ordinance or policy of
City. Upon the filing of an appeal, the City Clerk shall the matter for public hearing. Such hearing shall be h within thirty days after the date of filing the appeal. Wit ten days following the conclusion of the hearing, the City
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EFFECTIVE DATE: This ordinance shall be effective
days after its adoption, and the City Clerk shall cert
adoption of this ordinance and cause it to be published a
once in a newspaper of general circulation in the City of C
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting
Carlsbad City Council on the day of
and thereafter ,$
PASSED AND ADOPTED at a regular meeting of tf
Council of the City of Carlsbad on the
1996, by the following vote, to wit:
day of
AYES:
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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Council shall render its decision on the appeal. of the City Council is final."
The deci