TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Marisa Lundstedt, Community Development Director
Laurie B. Jester, Planning Manager
Jason Masters, Assistant Planner
SUBJECT:Title
Second Reading and Adoption of Ordinance No. 15-0016 Approving Amendments to the Local Coastal Program to Include a Council Review Procedure for Quasi-Judicial Decisions and Modernizing Chapter A.96.160 (Appeals) (Community Development Director Lundstedt).
ADOPT ORDINANCE NO. 15-0016
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council waive further reading and adopt Ordinance No. 15-0016 (Attachment 1) approving the Local Coastal Program (LCP) Amendments. Similar Municipal Code Amendments are provided in Ordinance No. 15-0015, as a separate item on this agenda.
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FISCAL IMPLICATIONS:
There are no direct fiscal impacts as a result of the adoption of the Municipal Code Amendments.
BACKGROUND:
The City Council, at its regular meeting of June 2, 2015 conducted a noticed public hearing for proposed Amendments to the LCP to include a Council review procedure for quasi-judicial decisions and modernizing Chapter A.96.160 (Appeals). After the public hearing, the City Council discussed revising the existing appeal language to continue to allow a single Councilmember to request review, voicing concern that requiring two Councilmembers may invite potential Brown Act Violations, and that Councilmembers should have 20 days to request review in writing on a form provided by the City Clerk. The Council also requested information regarding Planning Commission actions be provided through an email the day after the Planning Commission action and on the following City Council Agenda as an informational item only.
After discussion, Mayor Pro Tem Burton introduced a motion revising the existing Code language, allowing for one Councilmember to request review in writing within 20 days of a Planning Commission action. The current Code provides for a 15 day appeal period for anyone other than the City Council. Consistent with the revised Council review process, the proposed regulations would also provide a 20 calendar day appeal period for the public and the City Council. The proposal also changes the 2-year waiting period to resubmit an application that has been denied to a 1-year waiting period, unless the denial is made without prejudice.
The City Council approved (5-0) the proposed amendments to the LCP to include a Council review procedure for quasi-judicial decisions and modernizing Chapter A.96.160 (Appeals).
CONCLUSION:
Staff recommends that the City Council waive further reading and adopt Ordinance No. 15-0016 (Attachment 1) approving the LCP Amendments. A redline strike out version showing the changes from the June 2, 2015 Draft Ordinance is provided as Attachment 2.
Attachments:
1. Ordinance No. 15-0016
2. Ordinance No. 15-0016 redline strike out version comparing June 2, 2015 Draft Ordinance
cc. Interested parties