2015-16 Mediation Program ORDINANCE 2015-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA,
ADDING CHAPTER 1.10 TO THE ENCINITAS MUNICIPAL CODE TO INCLUDE PROVISIONS
FOR A VOLUNTARY MEDIATION PROGRAM FOR LAND USE AND DEVELOPMENT
PROJECTS
CASE NUMBER: 15-174 POD
WHEREAS, the City Council conducted a Public Hearing on December 9, 2015 to consider a
voluntary mediation program;
WHEREAS, the City Council has duly considered all public testimony and the evaluation and
recommendation by staff, presented at said hearing;
WHEREAS, the Council finds that there is a need for mediation as a form of alternative dispute
resolution for purposes of maintaining and fostering good will and cooperation among community
members;
WHEREAS, the Council seeks to provide accessible mediation services to the community;
WHEREAS, the City recognizes and acknowledges that mediation may not be appropriate for
all disputes; however, mediation can be an effective tool between willing parties to resolve disputes;
and
WHEREAS, the City Council values community mediation services that promote alternative
conflict resolution and opportunities to provide residents the tools to promote peace within their own
lives and community.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as
follows:
SECTION ONE: Chapter 1.10 is added to the Encinitas Municipal Code to read as follows:
CHAPTER 1.10
VOLUNTARY MEDIATION FOR LAND USE AND DEVELOPMENT PROJECTS
Sections:
1.10.010 Declaration of Purpose.
1.10.020 Definitions.
1.10.030 Mediation— Request For—Application —Cost Paid by Project Applicant.
1.10.040 Completed Application— Hearing/Processing and Related Time Lines—Stayed.
1.10.050 Mediation Results—Remand to Decision Making Authority—Determination.
1.10.060 Refund of Appeal Fees—Completion to Mediation—Prevail on Appeal.
1.10.070 City Council— Referral to Mediation.
Section 1.10.010 Declaration of Purpose.
The City Council finds there is a need for mediation as a form of alternative dispute resolution for purposes
of maintaining and fostering good will and cooperation among community members when faced with
potentially divisive land use and development proposals. The City Council recognizes and acknowledges
that mediation may not be appropriate for all land use and development proposals in dispute and, in fact,
may prove unsuccessful at times. However, the City Council believes that mediation can be an effective
tool between willing parties to resolve land use and development disputes consistent with the City's
General Plan and Municipal Code, pursuant to this Chapter.
Section 1.10.020 Definitions.
For the purposes of this Chapter, the following definitions shall apply:
A. "Disputing Parties" shall mean any person that has received approval for a permit or other
entitlement for a land use or development project from either the Director or Planning Commission,
and any person who has appealed such approval.
B. "Mediation" shall mean a voluntary confidential meeting, conducted within a three-day timeframe,
between or among Disputing Parties and stakeholders with an impartial mediator to clarify their
differences and discuss the possibility of a mutually acceptable outcome to resolve their
differences. Mediation in this context is not intended to result in a decision or to be legally binding
upon the disputing parties and stakeholders; instead, it is intended to facilitate dialogue regarding a
dispute in a respectful, positive and productive manner.
C. "Mediator" shall mean a person who attempts to make people involved in a conflict come to an
agreement.
D. "Stakeholder" shall mean any person, organization or association that is affected by and maintains
an interest in the approval of a permit or other entitlement for a land use or development that is the
subject of mediation between Disputing Parties. Stakeholders shall be identified by the Disputing
Parties in the application for mediation pursuant to Section 1.10.030 of this Chapter.
E. "Director" shall mean the Director of the Planning and Building Department of the City of Encinitas,
or his or her designee.
F. "Days' shall mean consecutive calendar days and not business days.
Section 1.10.030 Mediation— Request for—Application—Cost Paid by Applicant.
A. Upon request to the Director, by application, on a form provided by the Planning and Building
Department, executed and signed by the Disputing Parties, the Disputing Parties shall be
entitled to mediation pursuant to this chapter and City Council Resolution No. 2015-58. The
project applicant shall pay all costs related to mediation pursuant to this Chapter. The Director
shall maintain a schedule of said costs in the Planning and Building Department.
Section 1.10.040 Completed Application—Hearings/ Processing and Related Time Lines—Stayed.
A. Upon receipt of a completed application pursuant to this chapter, any further hearings, related
processing, and applicable time lines shall be stayed pending written notice of the Director,
which in no case shall exceed 30 days subsequent to the completion of mediation.
Section 1.10.050 Mediation Results — Remand to Decision Making Authority — Director
Determination.
A. Within ten (10) days of completion of mediation pursuant to this chapter, the Disputing Parties
shall provide the written results of the mediation (e.g., agreement) to the Director. Within ten
(10) days of the receipt of the same, the Director shall notify the Disputing Parties as to the
consequences of the results on the project application; such as, the compromises reached are:
1) consistent with the current approval and may be implemented; 2) inconsistent with the current
approval and the project application will be remanded to the approving authority for further
review and consideration; or 3) violates the General Plan, Municipal Code or other applicable
rules or regulations, and must be disregarded.
Section 1.10.060 Refund of Appeal Fees —Completion to Mediation — Prevail on Appeal.
A. The City shall refund any appeal fees paid by any person, organization or association that: 1)
appealed an approval of a permit or other entitlement for a land use or development project,
completed mediation pursuant to this Chapter and withdrew the subject appeal; or 2) appealed
an approval of a permit or other entitlement for a land use or development project, completed
mediation pursuant to this Chapter, and ultimately prevailed on the subject appeal.
Section 1.10.070 City Council — Referral to Mediation.
A. Nothing in the Chapter is intended to prevent or restrict the Director, Planning Commission or
City Council from referring parties to mediation at any time, in any manner and by whatever
means the Director, Planning Commission or City Council and parties deem appropriate or
necessary.
SECTION TWO: ENVIRONMENTAL DETERMINATION.
The City Council, in its independent judgment, finds that the adoption of a mediation program is exempt
from Environmental Review pursuant to the General Rule, Section 15061 (b)(3) of the State CEQA
Guidelines (Cal. Code of Regs., Title 14, Section 15000 et seq.), since there would be no possibility of
a significant effect on the environment. The mediation program will not result in development and it can
be seen with certainty that the program has no potential to cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment.
SECTION THREE: PUBLIC NOTICE AND EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after its passage and the City Clerk of
the City of Encinitas is hereby authorized to use summary publication procedures pursuant to
Government Code 36933 utilizing the Coast News, a newspaper of general circulation published in the
City of Encinitas.
SECTION FOUR: INTRODUCTION.
This Ordinance was introduced on December 9, 2015.
PASSED AND ADOPTED this 13th day of January, 2016 by the following vote to wit:
AYES: Blakespear, Gaspar, Kranz, Muir, Shaffer.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
Kristi Gaspar, Mayo
City of Encinitas
ATTESTATION AND CERTIFICATION:
I hereby certify that this is a true and correct copy of Ordinance No. 2015-16 which has been published
pursuant to law.
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Kathy Hollywoo , City Clerk