The Oceanside Planning Commission strongly opposes a City Council proposal to expand the grounds for appealing their decisions. Commissioners feel the proposal undermines their authority and implies a lack of trust in their judgment.
Commissioners describe the proposal as insulting and offensive, highlighting their years of service and dedication. They emphasize their commitment to serving the community to the best of their ability. The commission voted 6-1 to take no action on the proposal and instead requested a meeting with the City Council to discuss the matter.
The City Council, specifically Mayor Sanchez and Councilmember Joyce, argue that the change to a “de novo” appeals process is necessary to allow for a more comprehensive review of appeals and aligns with public expectations. However, the Building Industry Association of San Diego County opposes the change, fearing project delays and implications for the housing crisis.
The article notes that different cities in San Diego County handle appeals differently. Carlsbad limits grounds for appeal to errors or abuse of discretion by the Planning Commission, while San Marcos and San Diego allow for de novo appeals.
The disagreement highlights a tension between the City Council and the Planning Commission regarding the appeals process and the level of trust in the commission's decision-making. A meeting between the two bodies is planned to address these concerns.
A proposal for the Oceanside City Council to broaden the grounds for appeals of Planning Commission decisions has some commissioners irked.
“It’s another knock on the Planning Commission,” said Commissioner Tom Rosales, a former chair of the group and member for 14 years. “There’s not a level of confidence that the Planning Commission got it right. I guess the entire thing just kind of annoys me.”
Asked for a recommendation on the proposal, the commission voted 6-1 Monday to take no action. Instead, it requested a meeting with the City Council to discuss the appeals process.
The all-volunteer, seven-member commission is appointed by the City Council to serve in an advisory capacity on planning and development issues. However, its decisions on some matters, such as development applications that conform with city zoning and the general plan, are final unless appealed to the City Council.
When a Planning Commission decision is appealed, the City Council only can consider the issues raised by the appellant. In March, the council proposed changing the appeals to a “de novo” process, meaning “anew” or “from the beginning,” which would allow the council to consider all matters relevant to the application, not just those in the appeal.
Mayor Esther Sanchez and Councilmember Eric Joyce brought the request to the council last month.
“The public expects us to review the appeal in its entirety, and we have a very limited scope … in what we can consider,” Joyce said, in support of the proposal.
A representative of the Building Industry Association of San Diego County at the March City Council meeting said the association opposes the change because it could delay approval of construction projects and contribute to the region’s housing crisis.
Several commissioners said Monday the request makes it seem as if the City Council does not trust their judgment.
“It’s kind of a … a jab,” said Louise Balma, a commissioner for almost 23 years. “You think you’ve been doing a good job all these years …. it does kind of hurt a little bit.”
Balma and Rosales both said that during all their years of service the City Council has rarely, if ever, communicated or commented to them about the commission’s work.
Rosales moved for the commission to take no stance on the proposed change and instead request a meeting with the council. His motion was approved 6-1 with Commissioner Michael Ogden opposed and Commissioner Jay Malik absent.
“I go back to the mandate of what the Planning Commission’s focus is supposed to be, which is (to serve as) a liaison between the community and the City Council,” Ogden said of the city staff’s recommendation to support the change. “If that’s what they want us do do, then I think we are forced to do what they would like us to do.”
The rest of the commission felt otherwise.
“We do take pride in our work,” said Commissioner Kevin Dodds. “Are we 100% correct? Probably not, but we do the best that we can. For the City Council to demand autonomy …. without having an alignment discussion is a little bit offensive.”
A meeting with the council would help make it clear what is wanted from the commission, Dodds said.
Cities in San Diego County handle appeals in various ways based on guidelines established in their municipal codes.
Carlsbad’s municipal code, for example, states that “Grounds for appeal shall be limited to the following: “an error or abuse of discretion on the part of the Planning Commission.”
Another North County city, San Marcos, has a code that states its City Council can either affirm the decision of the Planning Commission or “hold a hearing de novo on the appeal.” The city of San Diego also allows de novo appeals.
Originally Published: April 15, 2025 at 3:32 PM PDT
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