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HomeMy WebLinkAbout04 - Woody's Wharf Use Permit Appeal PA2011-055 - CorrespondenceLAW OFFICES OF ROGER JON DIAMOND 2115 MAIN STREET SANTA MONICA, CALIFORNIA 90405 -2215 TELEPHONE (310) 399 -3259 FAX (310) 392 -9029 rogdiamond@aol.com November 5, 2013 Leilani I. Brown, City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 e -mail: LbrownL.newportbeachca.gov a rRECLIVAEID A6 FER Y§3:9BODA IPR"u't:r." __Ll-.0 13 t _E_1 I n16 1`,1�`n.F "li ITE M 1 nr�l� F'Rt/ T(1 AeR Inn: `..FJ Re: Woody's Wharf /Appeal From Planning Commission to City Council - Hearing November 12, 2013 Dear Ms. Brown: On behalf of the applicant for the conditional use permit and modification of the permit and on behalf of the applicant for all of the permits that were considered by the Planning Commission and which are now before the City Council, I hereby respectfully object to the jurisdiction of the City Council. The matter was heard by the Planning Commission. The Planning Commission rendered a decision at a contested hearing. No interested party that appeared in opposition to the application before the Planning Commission appealed to the City Council. The Newport Beach Municipal Code limits appeals from Planning Commission decisions to the City Council to those interested parties who formally file appeals. To appeal one must utilize a form provided by the City and file that form properly filled out with the City Clerk. The appropriate fee must be paid. None of that was done in this case. Instead, a City Councilman, Mike Henn, purported to appeal by sending an e -mail to the City Clerk. However, the City Clerk did not file anything. Furthermore, no fee was paid . Mr. Henn was not an interested party. In fact, he was a biased City Councilman who should have disqualified himself from the hearing that the City Council purported to conduct. letter November 5, 2013 Page 2 In any event, please make sure this letter is filed with the City Clerk and with the file in this case. Woody's Wharf and the applicant wish to go on record as opposing the jurisdiction of the City Council to take any further action in this matter. The City Council was without jurisdiction to hear the appeal. See discussion of appellate rights in California in the case of Burwell v. Burwell, _Cal.App.4th _, 2013 DJDAR 14623 at page 14625 (20013). Please confirm that the City Clerk is stamping a copy of this letter. The City Council lacks and still lacks jurisdiction to proceed with this matter. The decision of the Planning Commission is the final decision in this case. Please confirm this in writing . Thank you. tS* crely, //�1 1 c / /,1 i �c�GPQ���V1 J inMdk�J ROGE J N DIAMOND RJD:jb cc: G. Pappas Aaron C. Harp, City Attorney