Oceanside City Council voted 3-2 Wednesday to consider changes that would broaden the process that allows the council to overturn Planning Commission decisions.
Appeals to the City Council now are based only specific points raised by the appellant. Under the proposed change the City Council could consider a developer’s application to the Planning Commission “de novo,” which means “anew” or “from the beginning.”
The Planning Commission usually has the final say on developments that conform to city zoning laws. However, anyone unhappy with the decision can appeal it to the City Council.
“The public expects us to review the appeal in its entirety, and we have a very limited scope … in what we can consider,” said Councilmember Eric Joyce, who proposed the change along with Mayor Esther Sanchez.
Cities in San Diego County can handle appeals in different ways based on guidelines established in their municipal codes.
Carlsbad’s municipal code, for example, states that “Grounds for appeal shall be limited to the following: “an error or abuse of discretion on the part of the Planning Commission in that the decision was not supported by the facts presented to the Planning Commission prior to the decision being appealed; or that there was not a fair and impartial hearing.” Any information not presented to the Planning Commission is not to be considered.
Another North County city, San Marcos, has a code that states its City Council can either affirm the decision of the Planning Commission or “hold a hearing de novo on the appeal.”
Oceanside’s staff members will review how other cities handle appeals as part of their research before the City Council makes a decision, said City Attorney T. Steven Burke, Jr.
The council voted 3-2, with members Rick Robinson and Peter Weiss opposed, on Wednesday to have staffers prepare the proposed changes and bring them to the council for consideration, probably later this year.
Robinson said he was concerned that broadening the conditions for an appeal could delay a final decision on projects, a point also raised at the meeting by a representative of the Building Industry Association of San Diego County.
“We strongly oppose this proposal,” said Caylin Frank of the BIA. “The Planning Commission already conducts a thorough review.”
Allowing the process to start over “from scratch” would create delays and increase barriers to housing construction when new homes are badly needed, Frank said. But other speakers supported a change.
City Manager Jonathan Borrego said the proposal could save time for city staffers because it would allow them to essentially “repackage” the report prepared for the Planning Commission.
“In my mind, it would actually streamline the process,” Borrego said in response to a question from the council.
Under the revised process an appellant still would have to raise specific issues to be considered, such as traffic, wildfire danger, or environmental concerns.
Generally, the City Council has upheld Planning Commission decisions in a majority of recent appeals.
An exception last year was the Loma Alta Terraces project that would have used the state’s density bonus law to place 13 homes on a vacant lot zoned for a maximum of 9 homes in the Loma Alta neighborhood. The council unanimously supported the appeal based on residents’ concerns about traffic and fire safety issues.
