HomeMy WebLinkAboutAgenda Statement 1984/08/14 Item 9 COUNCIL AGENDA STATEMENT
Item -4, '3'
Meeting Date 8/084
ITEM TITLE: Public Hearing: PCA-84-7, Consideration of proposed amendment
to Chapter 19.14 deleting four-fifths vote to override
Planning Commission action
Ordinance02 O 7O Amending Section 19.14.130 of Chapter 19.14
of the Munici al Code deleting the four-fifths vote by City
Council to override Planning C nRE DING AND ADOPTION
SUBMITTED BY: Director of Planning (4/5ths Vote: Yes No x )
REVIEWED BY: City Manager 7 G,►4)
This item involves a proposed revision to Chapter 19.14 of the Municipal Code
deleting therefrom the four-fifths vote requirement on the part of City
Council to override the decision of the Planning Commission regarding
conditional use permits and variances.
RECOMMENDATION: That Council concur with Planning Commission recommendation.
BOARDS/COMMISSIONS RECOMMENDATION: On July 11 , 1984, the Planning
Commission unanimously (5 to 0 with 2 absent) recommended that Council enact
an ordinance amending Section 19.14.130 in accordance with Resolution PCA-84-7
by deleting therefrom the four-fifths vote requirement.
DISCUSSION:
State Law
The City Attorney's office researched the State law to determine whether a
four-fifths vote is required to override the Planning Commission and found
that no such provision exists. The Government Code (Section 65857) gives the
general tenor of State law by stating that the legislative body "may approve,
modify or disapprove" the recommendation of the Planning Commission.
Municipal Code
The Municipal Code requires a four-fifths vote on the part of the City Council
to override the Planning Commission only on conditional use permits and
variances. The City Charter does not establish an extraordinary vote
requirement, therefore, the ordinance may be amended by Council action.
Other Jurisdictions
After conducting a survey of other jurisdictions in the area, it was found
that only the Cities of Vista and San Marcos have a similar four-fifths votes
requirement and the City of Vista further limits its use to those cases where
the Planning Commission has not approved a conditional use permit.
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ANALYSIS:
It should be noted that the Zoning Administrator presently handles all
variances and certain conditional use permits. The decision of the Zoning
Administrator is final unless appealed to the Planning Commission. A simple
majority of the Planning Commission is all that is required to override the
Zoning Administrator's action and yet if the decision of the Planning
Commission on the same matter is appealed to the Council , the extraordinary
vote is in effect.
The Council has recently requested changes to the Municipal Code requiring a
greater number of land use decisions involving conditional use permit
applications to be forwarded on for Council action. In these cases a simple
majority on the part of the Council is all that is required to approve,
conditionally approve, or deny regardless of Planning Commission
recommendation. Retaining the four-fifths vote override could add confusion
to the conditional use permit process.
Over the past five years, over 150 variances and conditional use permits have
been processed with only seven appeals to the City Council . In each instance,
the Council unananimously upheld the decision of the Planning Commission.
Whether the extraordinary vote actually discouraged other appeals is unknown.
During this same period, 42 zone change applications were processed by the
City and only (3) requests denied by the Planning Commission were appealed to
the City Council . In each case the decision of the Commission was upheld by
the Council. (The most recent appeal the Planning Commission failed to arrive
at a recommendation which constituted denial of the request. )
Based on the aforementioned, the conclusion is that deleting the four-fifths
vote requirement will not diminish the authority of the Planning Commission;
therefore, it is recommended that the Code be amended to allow a simple
majority of the Council to override the decision of the Planning Commission.
FISCAL IMPACT: None.
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