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:
shall mean consecutive calendar days and not business days.
shall mean the Director of the Planning and Building Department
of the City of Encinitas, or designee.
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.
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.
shall mean a person who attempts to make people involved
in a conflict come to an agreement.
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)
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.
(Ord. 2015-16)
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)
