The City of San Diego has directed the La Jolla Community Planning Association (LJCPA) to incorporate their appeal procedures into its city approved bylaws. In response, the LJCPA established an Ad-Hoc Committee (Committee) on Bylaw Revisions and held publicly noticed meetings to draft their appeal procedures. On March 3, 2011 and March 1, 2012 the LJCPA adopted the Committee’s recomendation and submitted their draft appeal procedures to the City for approval. Upon review by the City, the City Attorney rejected the LJCPA’s proposed appeal procedures as drafted. Below are the initially drafted LJCPA proposed appeal procedures highlited in yellow followed in red with the City Attorney comments.
If you want to use this process, you need to define specifically what an “adverse decision” is. Otherwise, none of the rest of these procedures works: the notice to the applicant, the ability of the President to file an appeal without a vote of the Trustees. (How will the President know that the decision by the decision maker was “adverse?”)
Regarding the deletion above; CP 600-24 already provides that this circumstance is one that allows the CPGs to hear the item again.
Some terms other than “determines” should be used; the CPGs are not tasked with making “determinations” on environmental documents.
City already identified in the document, and “adverse decision” was already identified.
Wasn’t the notification already done in #2?
When does request need to be made and when would confirmation need to occur in relation to the appeal hearing?
This timing won’t work. There is a limited time available to appeal the environmental determination, which does not necessarily coincide with the project approval- for example, with a determination of exemption. Also, the 7th LDC update allows Council to consider (and make changes to) the project when they are hearing an environmental appeal. (The 7th Update is not effective in the Coastal Zone yet.)
This Article, Section doesn’t’ address this.
What citizens do in their personal capacity is not an appropriate topic for the bylaws.
No, the bylaws need to provide the procedures by which the CPGs operate. See CP 600-24, Policy, pg. 2.