January 23, 2012
Contributor to the La Jolla community Ad-Hoc Committee on Bylaw Revisions.
As I stated at the January 18th 2012 meeting it is my opinion San Diego City Council Policy 600-24, City of San Diego Information Bulletin 620 and City of San Diego Information Bulletin 505 clearly outline the development review and appeal process for community groups in the City of San Diego and the City of La Jolla. More than a few of the Committee members including but not limited to, Helen Boyden, Mike Costello and Rob Whittemore objected to this observation. They stated they do not trust the validity or the enduring authority of these documents.
The City of San Diego has directed the La Jolla Community Planning Association (LJCPA) to incorporate appeal procedures into its Bylaws. The LJCPA has established an Ad-Hoc Committee on Bylaw Revisions (Committee) to draft the appeal procedures. In order to accomplish this task the Committee members must begin with a mutual consensus. If the Committee members agree the absolute and unconditional authority of the LJCPA is derived from the San Diego City Council; than San Diego City Council Policy 600-24 must be the starting point. My following recommendations are based on this simple assumption.
1. The purpose of the City of San Diego Council Policy 600-24 is to identify responsibilities and to establish minimum operating procedures governing the conduct of the LJCPA when operating in its officially recognized capacity for the City of San Diego. To assist the City of San Diego community groups in implementing San Diego City Council Policy 600-24 and the Ralph M. Brown Act (Brown Act), Administrative Guidelines were written for the La Jolla community group and the other City of San Diego community group.
2. The purpose of the City of San Diego Information Bulletin 620 is to outline the role of the City of San Diego Project Manager and the recognized City of San Diego Community Planning Groups in the development review process for the City of San Diego.
3. The purpose of the City of San Diego Information Bulletin 505 is to set forth the appeal procedure for Development Permit(s) processed in accordance with Processes Two, Three, Four Decisions, and Environmental Determinations in the City of San Diego.
Although appeals by the LJCPA are rare, some members of this Committee seem to be concerned with the time limitation requirements necessary to file a Development Permit(s) or Environmental Determination appeal as outlined in the City of San Diego Municipal Code. Their perception is time will expire prior to the next monthly meeting of the LJCPA; therefore lose the right to appeal. Their concern however, is alleviated by the Brown Act section 54956 and the City of San Diego Council Policy 600-24 which allows the President of the LJCPA, or a majority of the Trustees to call a special meeting in which a vote could be taken to appeal the either the City of San Diego Hearing Officer’s decision or the City of San Diego Planning Commission decision. The Committee’s discussion to implement an “Automatic Appeal” of a La Jolla Development Permit(s) or Environmental Determination prior to action taken by the City of San Diego Hearing Officer or the San Diego Planning Commission decision clearly violates the Brown Act and the applicant’s right to due process.
To ensure transparency and accountability while reducing the potential for confusion and ambiguous interpretation by both the applicants and LJCPA Trustees, the following are my suggested recommendations for the official Bylaws of the LJCPA for a Development Permits and/or an Environmental Determinations appeal.
La Jolla Community Planning Association Appeal Procedure
Pursuant to San Diego Municipal Code (SDMC) Chapter 11, Article 2, Division 5, discretionary permits decided in accordance with Processes Two, Three and Four decisions are appeal-able to higher decision-making levels. Process Two and Three Development Permit(s) decisions are appeal-able to the City of San Diego Planning Commission. Process Four Project decisions can be appealed to the San Diego City Council. Process Two and Three Environmental Determination can be appealed to the San Diego City Council. There is no Development Permit(s) or Environmental Determination appeal procedure for Process Five decisions.
The LJCPA shall place each applicant’s Development Permit(s) and Final Environmental Determination as action items on a publicly noticed agenda. A formal public vote, in compliance with the Brown Act and San Diego City Council Policy 600-24, shall than be taken. Under no circumstance shall a Development Permit(s) or Final Environmental Determination be appealed by the LJCPA without either two-thirds of the entire elected membership or every member present, if less than two-thirds are present.
Development Permit(s) Appeal:
The LJCPA President may appeal Development Permit(s) only after; (i) The Development Permit(s) has been approved by the City of San Diego’s appropriate decision maker. (ii) At a publicly noticed meeting, the LJCPA has voted to deny the Development Permit(s) by a majority vote of the Trustees. (iii) If the Project has changed or been modified since the original vote on the Project, the LJCPA Trustees must vote once again at a publicly noticed meeting to deny the Development Permit(s) by a majority vote.
The appeal of the Development Permit(s) must be filed in accordance with the terms and conditions of the LJCPA Bylaws, the Brown Act, San Diego Municipal Code, San Diego City Council Policy 600–24, and San Diego City Information Bulletin 505 or be immediately withdrawn. The LJCPA at a publicly noticed meeting must vote to appeal the Development Permit(s) by either two-thirds of the entire elected membership or every member present, if less than two-thirds are present
Environmental Determination Appeal:
The LJCPA President may appeal the Final Environmental Determination to the San Diego City Council only after (i) all the Development Permit(s) appeals have been exhausted. (ii) The San Diego City Planning Commission has approved the Development Permits(s) and the Final Environmental Determination. (iii) At a publicly noticed meeting, the LJCPA has voted to deny the Final Environmental Determination by a majority vote of the Trustees. (iv) If the Environmental Determination has changed or been modified since the original vote, the LJCPA Trustees must vote once again at a publicly noticed meeting to deny the Final Environmental Determination by a majority vote.
The appeal of the Final Environmental Determination must be filed in accordance with the terms and conditions of the LJCPA Bylaws, the Brown Act, San Diego Municipal Code, San Diego City Council Policy 600–24, and San Diego City Information Bulletin 505 or be immediately withdrawn. The LJCPA at a publicly noticed meeting must vote to appeal the Final Environmental Determination by either two-thirds of the entire elected membership or every member present, if less than two-thirds are present.
Remedy for Filing a Timely Appeal When a Conflict of LJCPA Meeting Scheduling Exist:
All appeals must be made in accordance with the procedures listed in San Diego Muncipal Code Chapter 11, Article 2, Divi¬sion 5. Appeals must be made no later than close of business, within ten (10) business days of the original decision date (Process Three and Four), and within twelve (12) business days of the original decision date for Process Two decisions only. Pursuant to the City of San Diego Information Bulletin 620 the outcome of LJCPA actions shall be provided to the Project Manager in an official correspondence (the Distribution Form, meeting minutes, or a letter from the Chairperson) in order to be included in the report to the City of San Diego decision maker. To ensure the LJCPA does not lose its right to appeal, the LJCPA President shall submit in this correspondence, the next date of the regularly scheduled LJCPA monthly meeting. The City of San Diego Project Manager shall be informed not to schedule a public hearing for the Project or the Environmental Determination more than eight days prior to this date.
Thank you for beginning this process with the above mentioned mutual consensus and for considering my thoughts is this process. Please do however, incorporate San Diego City Council Policy 600-24, City of San Diego Information Bulletin 620 and City of San Diego Information Bulletin 505 into your revised appeal procedures.
Bob Whitney