DATE: June 4, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Development Services Department
TITLE: CONSIDERATION OF A ZONING TEXT AMENDMENT (ZA25-00002) AND LOCAL COASTAL PROGRAM AMENDMENT (LCPA25-00001) AMENDING ARTICLE 46, SECTION 4604 AND 4605 OF THE ZONING ORDINANCE TO INCLUDE PROVISIONS THAT THE CITY COUNCIL MAY CONDUCT A DE NOVO HEARING OF ALL ASPECTS OF A PLANNING COMMISSION DECISION BEING APPEALED - APPLICANT: CITY OF OCEANSIDE
RECOMMENDATION
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Staff recommends that the City Council introduce an ordinance and adopt a resolution approving Zoning Amendment (ZA25-00002) and Local Coastal Program Amendment (LCPA25-00001) approving amendments to Article 46 of the Zoning Ordinance to allow the City Council to conduct a de novo hearing of appealed Planning Commission decisions on development projects.
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BACKGROUND AND ANALYSIS
At the March 12, 2025 City Council meeting, Mayor Sanchez and Deputy Mayor Joyce brought forward the following item regarding appeals of Planning Commission decisions on development projects:
Change the standard of review of appeals to the City Council from Planning Commission decisions - When a council member or member of the public appeals a planning commission decision to the City Council, the Council shall be able to review the decision de novo and not be limited to the specific points raised in the appeal. The Council shall be able to review the entire record of the appeal; direction to staff.
The City Council voted 3-2 (Robinson and Weiss - no) to direct staff to make the necessary amendments to Article 46 to implement the City Council's direction.
Currently, pursuant to Zoning Ordinance Section 4605(C) the City Council may only consider issues raised in the appeal filed with City. Over the last few years, multiple Planning Commission approvals have been appealed to the City Council. Due to the requirements of Section 4605(C), staff from Development Services, Traffic Engineering, Water Utilities, an...
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