HomeMy WebLinkAbout17 - Appeal ProceduresCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 17
November 28, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
palford(&city. newport- beach. ca. us
SUBJECT: Appeal Procedures
ISSUE:
Should the City Council adopt a resolution of intent to amend Title 20 (Zoning Code) of
the Newport Beach Municipal Code to revise appeal procedures to allow a single City
Council Member to appeal decisions of the Zoning Administrator, Planning Director, and
Planning Commission?
RECOMMENDATION:
Adopt Resolution No. 2006 - initiating an amendment to Title 20 of the Newport
Beach Municipal Code to revise procedures relating to the initiation of appeals by City
Council Members.
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), 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 code
amendment also authorized a City Council member to extend the time limit to the next
regularly- scheduled meeting if a regular meeting is scheduled more than 14 days after the
date of a decision, required the initiator of an appeal to specifically state the grounds for
the appeal, and required the Planning Director to report decisions to the Planning
Commission and City Council at the next regular meeting or within 5 days of the decision,
whichever occurs first.
Appeal Procedures
November 28, 2006
Page 2
The City Council amended the appeal procedures in response to an increase in the
number of calls for review (now called appeals) ' by City Council members. There were
no calls for review in.2002, four in 2003, and four during the first six months of 2004. The
City Council has not initiated any appeals since the amendment was adopted.
Section 20.95.050 (C) (Appeals by Elected or Appointed Officials) would be revised 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.
Environmental Review:
None required for the initiation of amendments.
Public Notice:
None required for the initiation of amendments.
Prepared by:
Patrick J. Alford
Senior Planner
Attachments:
1. Draft resolution of intent
Submitted by:
David Lepo
Planning Dire or
' Prior to the 2004 code amendment, the Zoning Code contained a distinction between "appeals" by
applicants and other interested parties and "calls for review" by the City Council and Planning
Commission. Now all call ups of decisions are simply called "appeals."
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH INITIATING AN
AMENDMENT TO TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE TO REVISE
PROCEDURES RELATING TO THE INITIATION OF
APPEALS BY CITY COUNCIL MEMBERS
WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the
City Council to adopt a resolution initiating amendments to the Zoning Code of
the City of Newport Beach.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
initiates an amendment Title 20 of the Newport Beach Municipal Code to revise
procedures relating to the initiation of appeals by City Council Members.
This resolution was adopted at a regular meeting of the City Council of the City of
Newport Beach held on November 28, 2006 , by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
[� e 7
ATTEST:
CITY CLERK