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Home My WebLink About1396 - Council Review of Use Permits• ORDINANCE NO. 13 9 6 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.46 OF THE NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR CITY COUNCIL REVIEW OF USE PERMITS The City Council of the City of Newport Beach .does ordain as follows: SECTION 1. Section 20.46.030 of the Newport Beach Municipal Code is amended to read: "20.46.030 Application for Use Permit - -Fee. Applications for Use Permits shall be filed in the office of the Community Development Department in.writing on forms prescribed by the Director, and shall be accompanied by a fee of One Hundred Fifty Dollars ($150) and by plans and elevations necessary to show the detail of the proposed building or use. Application for a Use Permit may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the recorded owner or the lessee or may be signed by an agent of the owner if written authorization from the record owner is filed with the application.. SECTION 2. Section 20.46.040 of the Newport Beach Municipal Code is hereby repealed. SECTION 3. Section 20.46.050 of the Newport Beach Municipal Code is amended to read: "20.46.050 Public Hearings. A. DISCRETIONARY. No public hearings need be held in connection with the grant or denial of an application for a Use Permit; provided that the Planning Commission may in its discretion hold such public hearings as it deems advisable. B. NOTICE. When a public hearing is deemed advisable -1- notice of such hearing shall be given by publication in the official newspaper of the City and by posting the • notice in not less than two conspicuous places on or close to the property at least ten days prior to the hearing or by mailing the notices, postage prepaid, at least five days prior to the hearing, to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of applicant's property. C. CONTINUANCE. Upon the date set for a public hearing before the Planning Commission, or an appeal or review proceeding before the City Council, the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting." SECTION 4. Section 20.46.060 of the Newport Beach Municipal Code is amended to read: "20.46.060 Action by Commission or City Council. A. FINDINGS. In order to grant any Use Permit, the Planning Commission or the City Council in acting on appeals or reviewing any decision of the Planning Com- mission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neigh- borhood or the general welfare of the City." B. IMPOSITION OF CONDITIONS. The Planning Commission -2- or the City Council in acting on appeals or in reviewing any decision of the Planning Commission may impose such • conditions in connection with the granting of a Use Permit as they deem necessary to secure the purposes of this Title and may require guarantees and evidence that such conditions are being or will be complied with. Such con- ditions may include requirements for off - street parking facilities as determined in each case. In the event of an appeal to the City Council from a decision of the Planning Cpmmission granting or denying a Use Permit, the Planning Commission shall file with the City Council prior to the hearing of the appeal written findings setting forth, the reasons for the decision. C. RENDERING OF DECISION. After the conclusion of the hearing on any application for a Use Permit, the • Planning Commission shall render a decision within 35 days. Use Permits shall not become effective for 21 days after being granted, and in the event an appeal is filed or if the City Council shall exercise its right to review any such decision, the permit shall not become effective unless and until a decision granting the Use Permit is made by the City Council. The granting of any Use Permit pursuant to the provisions of this Title is hereby declared to be an administration function, the authority and responsibility for performing which is imposed upon the Planning Commission, and the action thereon by the Planning Commission shall be final and conclusive, except in the event of an appeal or an exercise of its right of review by the City Council." SECTION 5. Section 20.46.070 of the Newport Beach • Municipal Code is amended to read: "20.46.070 Use Permit Appeal. A. INITIATION OF -3- APPEAL. In case the applicant or any other person is not satisfied.with the action of the Planning Commission, he • may appeal in writing to the City Council by filing a notice of appeal with the City Clerk within 21 days following said action. Said notice of appeal shall be accompanied by a fee of Seventy -Five Dollars ($75.00). B. DATE - NOTICE. The City Clerk shall set a date for public hearing and give notice in the manner prescribed in Section 20.46.050. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission. Upon receiving notice of appeal to the City Council, the Community Development Director shall submit a written report of the Planning Commission proceedings to the City Council, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. C. DECISION. The City Council shall render its decision within 30 days after the close of such hearing." SECTION 6. Section 20.46.075 is added to the Newport Beach Municipal Code to read: "20.46.075 Right of Review by City Council. The City Council, on its own motion, adopted by four affir- mative votes, may elect to review any decision of the Planning Commission granting a Use Permit. The City Council's right of review may be exercised at any time prior to the expiration of 21 days from the date on which the Planning Commission renders its decision. In any Use •Permit proceeding in which the City Council exercises its -4- �J right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.46.050. The City Clerk shall also give written notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving.notice of the City Council review proceeding, the Community Development Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision." SECTION 7. Section 20.46.080 of the Newport Beach Municipal Code is amended to read: "20.46.080 Use Permit Requisite to Other Permits. No building or zoning permit or certificate of occupancy shall be issued in any case where a Use Permit is required by the terms of this Title unless and until such Use Permit has been granted by the Planning Commission or by the affirmative vote of the City Council on appeal or review and then only in accordance with the terms and conditions of the Use Permit granted." SECTION 8. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 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 the -5- 28th day of June 12th day of July to wit: ATTEST: City Clerk CERTIFIED AS THE ORIGINAL AND - , CERTIFIED AS TO PUBLICATION JUL 16 1911 DATE... ............................... CITY CLERK OF THE CITY OF NEWPO BEACH 1971, and was adopted on the 1971, by the following vote, AYES, COUNCILMEN: McInnis, Kymla, Rogers, Hirth, Croul, Dostal, Parsons NOES, COUNCILMEN: None ABSENT COUNCILMEN: None z4z.z Mayor c m- DO'N:adw 6/22/71