HomeMy WebLinkAbout04 - Appeal Procedures0
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
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Agenda Item No. '14
January 23, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J: Alford, Senior Planner
(949) 644 -3235
palfordOcity. newport- beach.ca. us
SUBJECT: Code Amendment 2006 -008
Appeal Procedures (PA 2006 -257)
ISSUE:
Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to
revise appeal procedures to allow a single City Council Member to appeal decisions of
the Zoning Administrator, Planning Director, and Planning Commission?
RECOMMENDATION:
Conduct public hearing; introduce Ordinance No. 2007- approving Code
Amendment No. 2006 -008 and pass to second reading on February 13, 2007.
DISCUSSION:
Background
On August 24, 2004, the City Council approved a code amendment to require a simple
majority vote of the City Council at a regularly- scheduled meeting to initiate an appeal of
a decision of the Modifications Committee (later, the Zoning Administrator), the Planning
Director, or the Planning Commission. Prior to this amendment, any City Council
Member could initiate an appeal anytime within 14 days of the decision.
The City Council initiated the proposed amendment on November 28, 2006.
Analysis
The proposed amendment would revise Section 20.95.050 (C) (Appeals by Elected or
Appointed Officials) to state that any member of the City Council may initiate an appeal of
a decision of the Zoning Administrator, the Planning Director, or the Planning Commission.
Appeal Procedures
January 23, 2007
Page 2
The proposed amendment would also revise Section 20.95.040 (Time Limits for Appeals)
to delete the exception that allows a City Council member to extend the appeal period to
the next regularly - scheduled City Council meeting. This exception was added in 2004
because appeals by the City Council have to be initiated at regular City Council meetings.
This. exception was intended to avoid situations where the City Council could not initiate
an appeal because their next meeting is scheduled after the 14-day appeal period. Since
the proposed amendment would allow a City Council member to initiate an appeal at any
time within the appeal period, this exception is no longer needed. .
Planning Commission Action:
The Planning Commission held a public hearing for the proposed amendment on
January 4, 2007. The Planning Commission voted unanimously (6-0) to recommend
approval of the code amendment without comment.
Environmental Review:
The proposed action is not defined as a project under the California Environmental
Quality Act„(CEQA) because it involves general policy and procedure - making :activities,
not associated with a project or a physical change in the environment (Section 15378 of,
the CEQA Guidelines).
Public Notice.
Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance
of this hearing consistent with the Municipal Code. Additionally, the item appeared
upon the agenda for this meeting, which was posted at City Hall and on the City
website.
Prepared by:
Patrick J. Afford or
Senior Planner
Attachments:
A. Draft ordinance.
Submitted by:
David Lepo
Planning Director
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ATTACHMENT A
'Draft Ordinance w /Exhibit A
a
• ORDINANCE 2007 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH APPROVING AN
AMENDMENT TO TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO APPEAL
PROCEDURES [CODE AMENDMENT NO. 2006 -
008]
WHEREAS, on November 28, 2006, the City Council . initiated an
amendment to Title 20 of the City of Newport Beach Municipal Code to revise
procedures relating to the initiation of appeals by City Council Members; and
WHEREAS, current appeal procedures require a simple majority vote of
the City Council at a regularly - scheduled meeting to initiate an appeal of a decision
of the Zoning Administrator, the Planning Director, or the Planning Commission;
and
• WHEREAS, the City Council desires to revise the appeal procedures to
allow a single City Council Member to appeal decisions of the Zoning Administrator,
Planning Director, and Planning Commission at anytime within the 14-day appeal
period; and
WHEREAS, the Planning Commission held a public hearing on the
proposed amendment on January 4, 2007; and
WHEREAS, the Planning Commission voted unanimously to recommend
approval of this code amendment to the City Council; and
WHEREAS, the proposed action is not defined as a project under the
California Environmental Quality Act (CEQA) because it involves general policy and
procedure making activities not associated with a project or a physical change in
the environment (Section 15378 of the CEQA Guidelines).
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THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be
amended as provided in Exhibit A.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the City, and the same shall become effective thirty . (30) days after
the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on January 23, 2007, and adopted on the 13th
day of February, 2007, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
• Exhibit A
20.95.040 Time Limits for Appeals
Appeals shall be initiated within 14 days of the decision.
is the ne)d time lamat shall ,.1'e anade- within CIA days of the desisieR at gu'aF y seheduled
b10F
20.95.050 Initiation of Appeals
A. Filing of Appeals. Except for an appeal authorized by Subsection C, the
appeal of a decision of the Planning Director or of the Zoning
Administrator shall be made in writing to the Planning Director and
appeals of decisions of the Planning Commission shall be made in writing
to the City Clerk.
B. Fee. Appeals shall be accompanied by a fee as established by resolution
of the City Council.
• Exception: No fee shall be required for appeals filed under
Section 20.95.050 (C).
C. Appeals by Elected orADDOinted Officials.
Plannina- Commission. Any member of the Planning. Commission
may initiate an appeal of a decision of the Zoning Administrator or
the Planning Director to the Planning Commission by a written
request to the Planning Director and shall specifically state the
grounds for the appeal.
2. City Council. TMe -Any member of the City Council, GA its Owa
may initiate an appeal of a
decision of the Zoning Administrator, the Planning Director, or the
Planning Commission. An appeal of a decision of the Planning
Director or of the ZoningLAdministrator shall be made in writing to
specifically state the grounds for the appeal.
D. Effect on Decisions. A decision that is appealed shall not become final
and effective until the appeal is considered and decided by the Planning
Commission or City Council, as appropriate.
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