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.
(Ord. 2015-16)
For the purposes of this chapter, the following definitions shall apply:
"Days"
shall mean consecutive calendar days and not business days.
"Director"
shall mean the Director of the Planning and Building Department of the City of Encinitas, or designee.
"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.
"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.
"Mediator"
shall mean a person who attempts to make people involved in a conflict come to an agreement.
"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.
(Ord. 2015-16)
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 the costs in the Planning and Building Department.
(Ord. 2015-16; Ord. 2017-07)
Within 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 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.
(Ord. 2015-16)
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.
(Ord. 2015-16)
Nothing in this 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.
(Ord. 2015-16)