CITY COUNCIL: Policy Direction Regarding the Responsibilities of the Planning Commission & Design Review Board

Meeting Date: 9 September 2008
Prepared by: Sean Conroy,
Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Provide policy direction regarding the responsibilities of the Planning Commission and Design Review Board.

Description: This item is intended for Council to discuss the responsibilities of the Planning
Commission and Design Review Board and to reevaluate options for how these City
bodies might operate in the future.
Overall Cost:
City Funds: None
Grant Funds: N/A
Staff Recommendation: Provide policy direction on the issue.
Important Considerations: CMC section 17.52 establishes the responsibilities of both the
Planning Commission and Design Review Board. Changes to these responsibilities
would require an amendment to the Local Coastal Program.
Decision Record: N/A
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
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CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 9 SEPTEMBER 2008
SUBJECT: PROVIDE POLICY DIRECTION REGARDING THE
RESPONSIBILITIES OF THE PLANNING COMMISSION
AND DESIGN REVIEW BOARD
BACKGROUND
This report is in response to a request to analyze the workloads of the Design Review
Board (DRB) and the Planning Commission (PC) and to present possible alternatives for
their operation.
Municipal Code section 17.52 (attached) identifies the duties and responsibilities of the
PC and the Design Review Board. These responsibilities are summarized below.
DRB: The Design Review Board’s primary responsibility is to review Design Review
applications that do not require any type of land use permit. These include:
• Demolitions
• Construction of new homes
• Remodeling of homes and commercial buildings
• Signs
PC: The Planning Commission has a much broader range of responsibilities, including:
• Maintain and update the General Plan & Zoning Ordinance
• Develop specific plans and master plans
• Review Capital Improvements Plan
• Review environmental documents
• Review land use permits (variances, subdivisions, conditional use permits, etc.)
• Perform design review for projects that include land use permits
• Interpret land use regulations
• Review appeals of staff approved projects
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EVALUATION
The majority of applications submitted to the City are Design Review applications which
do not include land use permits. Therefore, on average, the DRB agendas have more
items than the PC. However, PC agenda items, on average, tend to be more complicated
and require more time and analysis. For example, a recent PC agenda included a large
commercial mixed-use project, the potential redevelopment of a community theater,
review of a general plan amendment and review of a Municipal Code amendment. These
types of projects are more labor intensive than the standard Design Review applications
typically handled by the DRB.
Below is a brief comparison of PC and DRB agendas from January until July of this year
and all of 2007. While the PC reviewed seven fewer this year, the Commission has spent
nearly three hours longer in meetings than the DRB. A table
DRB PC
Month (’08) Items Demos Time Items Demos Time
Jan 5 2 1 hr. 16 min. 6 1 2 hr. 29 min.
Feb 10 3 2 hr. 23 min 5 0 57 min.
Mar 5 0 1 hr. 39 min. 3 0 1 hr. 40 min.
Apr 5 2 57 min. 4 0 52 min.
May 6 1 1 hr. 7 min. 6 1 1 hr. 3 min.
Jun 7 1 1 hr. 5 min. 7 0 1 hr. 57 min.
Jul 5 1 2 hr. 3 min. 5 1 4 hr. 4 min.
Total 43 10 10 hr. 30 min. 36 3 13 hrs.
DRB PC
Month (‘07) Items Demos Time Items Demos Time
Jan 5 0 1 hr. 45 min. 5 1 3 hr. 12 min.
Feb 8 1 2 hr. 9 min. 3 0 3 hr.
Mar 6 2 2 hr. 9 min. 2 0 1 hr.
Apr 5 1 2 hr. 4 1 3 hr. 25 min.
May 5 0 1 hr. 42 min. 5 0 1 hr. 39 min.
Jun 4 2 2 hr. 30 min. 4 0 2 hr. 25 min.
Jul 4 0 1 hr. 40 min. 3 0 28 min.
Aug 4 1 2 hr. 14 min. 3 0 2 hr. 4 min.
Sept 10 3 2 hr. 27 min. 3 0 1hr.
Oct 6 0 1 hr. 45 min. 3 0 42 min.
Nov 4 0 24 min. 5 0 1 hr. 19 min.
Dec 0 0 0 4 0 41 min.
Total 61 10 20 hrs. 45 44 2 21 hrs. 55 min
The following is a list of potential options if the Council is interested in redefining the
responsibilities of the two bodies:
1) Revise the code to give staff discretion to assign applications to PC or DRB.
While this would allow staff to balance the agendas between the two bodies, this
could lead to accusations of unfair or inconsistent treatment by applicants.
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2) Revise the code to redefine the roles of the PC and DRB. The simplest way to
redistribute the workload would be to require a use permit for demolitions. This
would send all demolitions and rebuilds to the Planning Commission and leave the
smaller projects to the DRB. This would increase the length of PC agendas and
decrease the length of DRB agendas.
3) Dissolve the DRB and have the PC meet twice a month. This would require a
larger time commitment from planning commissioners, but would avoid
inconsistent decisions between the two bodies. If this option is taken, staff
recommends adding several alternates to the Commission to cover for absent
members.
4) Maintain the responsibilities as currently defined in the Municipal Code.
Since the DRB and PC duties are part of the zoning ordinance, any proposals to modify
these requirements would require an amendment to the Local Coastal Program. This
would require hearings with the Planning Commission, City Council and California
Coastal Commission.
RECOMMENDATION
Provide direction on this issue.
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Duties of DRB & PC as defined in the Municipal Code
17.52.050 Duties and Powers of the Design Review Board.
The Design Review Board shall have the following duties and responsibilities:
A. To conduct public hearings, review evidence and act on permit applications
not reserved to the Planning Commission, Historic Resources Board or to the
Director.
B. To act on commercial district design review applications not involving any
land use permit pursuant to CMC 17.58.030, Commercial Design Review.
C. To act on residential design studies for projects not involving any land use
permit pursuant to CMC 17.58.040, Residential Design Review.
D. To act on projects subject to coastal permit requirements pursuant to
Chapter 17.58 CMC, Design Review, when such projects are within the
categories listed above. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.52.060 Duties and Powers of the Planning Commission.
The Planning Commission as the designated planning agency of the City shall
have the following power and responsibilities:
A. To develop and maintain a General Plan.
B. To develop specific plans, master plans and area plans as may be
necessary or desirable.
C. To periodically, at least once each fiscal year, review the capital
improvement program of the City.
D. To determine the consistency of capital improvements projects and
programs with the General Plan.
E. To prepare an annual report to the City Council on the status of the General
Plan and progress in its application.
F. To interpret the meaning and intent of the City’s land use code.
G. To hear and render decisions on appeals of discretionary decisions made
by administrative officials.
H. To review environmental impact reports and initial studies.
I. To conduct public hearings, review evidence and determine requests for use
permits, variances, lot line adjustments, subdivisions, rezones and land use code
amendments.
J. To act on design review and design study applications for those projects
involving issuance of a land use permit.
K. To act on projects subject to coastal permit requirements when such
projects are within the categories listed above.
L. To review the water management plan annually.