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HomeMy WebLinkAboutDiscussion of Agenda-Addition of Consent CalendarCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 May 8, 2003 TO: PLANNING COMMISSION FROM: Planning Department Patricia L. Temple, Planning Director 949 -644 -3228, ptemple @city.newport- beach.ca.us SUBJECT: DISCUSSION OF AGENDA — ADDITION OF CONSENT CALENDAR ISSUE: Should the Planning Commission add a Consent Calendar section to the Planning Commission Agenda? RECOMMENDATION: Give direction to staff on whether addition of a Consent Calendar is desired, and, if so, identify the categories of applications which should be considered for inclusion on the Consent Calendar. BACKGROUND: On March 6, 2003, Commissioner Tucker requested that the question of establishing a Consent Calendar be placed on this agenda, as well as the possibility of placing non- controversial hearing items on the Consent Calendar, if one is established. DISCUSSION: Most City Councils and City Boards, Commissions and Committees break their regular meeting agendas into several sections. In most agencies, one of these sections is for minor or routine items, called the "Consent Calendar." Items on the Consent Calendar are not discussed separately, and are acted on in one motion. However, a Council member, City staff, or members of the public can request any Consent Calendar item to be removed for separate discussion and action. For the Newport Beach City Council, only items not considered to be public hearings by the Municipal Code are placed on the Consent Calendar. Additionally, only items for which there is no alternative course action suggested are placed on the Consent Discussion of Agenda — Addition of Consent Calendar May 8, 2003 Page 2 Calendar. Public hearings are placed in the "Public Hearing" section of the agenda, and are discussed and acted on separately. Non - public hearing items with alternative actions are placed in the "Current Business" part of the agenda, and also discussed and acted on separately. If the Planning Commission wishes to establish a Consent Calendar on its agenda it is within their jurisdiction to do so. Using the protocols established by the City Council, the following types of agenda items would qualify for the Consent Calendar: • Approval of minutes • Initiation of General Plan Amendments • Initiation of Zoning Amendments • Substantial compliance determinations • Appeals of Planning Director interpretations of the Zoning Code • Appeals of Planning Director Approvals • Appeals of Use Permits approved by Planning Director and Accessory Outdoor Dining Permits (legal notice given) • Review of Capital Improvement Program (CIP) for consistency with General Plan Of course, if the Commission did not wish to approve the recommended action on any Consent Calendar item, it could be removed for separate discussion and action. Staff would also note that when consideration by the Planning Commission on these types of items is made, there are often alternative courses of action offered in the staff analysis. In these cases, they should not be placed on the Consent Calendar, but in the regular part of the agenda. Public Hearing vs. Consent Calendar Consideration A public hearing is distinguished from other types of considerations by the requirements of State Planning and Zoning Law and the City's Municipal Code for legal notice and a public hearing. State Planning and Zoning Law states: "65095. (a) Except as otherwise provided by this article, a public hearing shall be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those items. (b) Notice of a hearing held pursuant to subdivision (a) shall be given pursuant to Section 65091. (requires published, posted and mailed public hearing notice) Discussion of Agenda — Addition of Consent Calendar May 8, 2003 Page 3 The City's Zoning Code establishes which applications require a public hearing, as well as the public notice requirements. These are substantially the same as provided for in State Law. Neither State Law nor the Municipal Code define what a "public hearing" is, in terms of what procedure constitutes a public hearing. Webster's New World Dictionary (Second College Edition) defines public (in this context) as "known by, or open to the knowledge of, all or most people,," and hearing (in this context) as "a formal meeting (as of an investigative body or legislative committee) before which evidence is presented, testimony is received, etc." Staff has reviewed the agendas of a number of local Planning Commissions, and found that most have Consent Calendars. None reviewed showed hearing items on the Consent Calendar. One, San Diego, had an agenda item that appears to provide an opportunity for the Commission to move agenda items, including hearing items, to the Consent Calendar. While not clearly stated on the agenda, staff assumes that if a member of the public objected to a motion to move an item to the Consent Calendar, that the item would not be moved. However the City Attorney's Office has advised against placing actions that require a public hearing on the Consent Calendar, especially if the process places the burden on concerned or interested persons to affirmatively ask for the right to speak. The courts have determined that procedural due process - notice and opportunity to be heard — applies to adjudicatory/quasi- judicial decisions. To establish a record that due process has been provided, a public hearing should be "opened" to set for the record the time period where the opportunity to be heard takes place. Just because an item may be non - controversial, it is confusing to the public that comes to a meeting to understand the nuances of words like "public hearing" or "consent calendar" to know when their opportunity to speak will occur. The chances of such opportunities to speak can be missed as the process becomes more complicated. For those truly non - controversial items the agenda item can go quickly with a motion before opening the public hearing, little discussion from Commissioners, and advising the applicant that a presentation is not necessary unless he has something to add to the staff report or questions about any conditions of approval. Then, if no one comes forward to speak, the hearing can be closed and the motion voted on. CONCLUSION: Staff recommends adding a Consent Calendar section to the Planning Commission agenda. Additionally, any or all of the non - "public hearing" issues listed above may be placed on a consent calendar as directed by the Commission. Staff does not recommend, however, that items defined as public hearings should be placed on a Consent Calendar. Discussion of Agenda — Addition of Consent Calendar May 8, 2003 Page 4 Staff assumes one goal of the proposal is to streamline the Planning Commission agendas. This may be because certain types of applications are considered by the Commission to be more pro forma in nature (an example might be beer and wine ABO use permits). If there are categories of cases the Commission believes fall into this category, staff suggests that the Commission consider code amendments to provide for staff action on these applications. Environmental Review. This discussion is not a "project" as defined by the California Environmental Quality Act. Prepared and submitted by: Patricia L. Temple, Pfannthg Director