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HomeMy WebLinkAbout2015-8 - Amending Title 20 of the Newport Beach Municipal Code Related to Planning Commission and City Council Appeals and Calls for Review (PA2015-029)ORDINANCE NO. 2015 -8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO PLANNING COMMISSION AND CITY COUNCIL APPEALS AND CALLS FOR REVIEW (PA2015 -029) WHEREAS, on February 10, 2015, the City Council of the City of Newport Beach ( "City ") initiated an amendment of the Zoning Code to clarify the process for Planning Commission and City Council calls for review of decisions and appeals by lower review authorities; WHEREAS, when the Zoning Code was comprehensively updated in 2010, the appeal process did not include procedures specific for Planning Commissioners and City Council Members to call an item up for review, as it was determined they would follow the same appeal process as any interested party; WHEREAS, a recent State of California Appellate Court decision suggested that the City's Municipal Code may be ambiguous regarding calls for review by City Council Members acting in their role as City Council Members; WHEREAS, this code amendment codifies the call for review process for Planning Commissioners and City Council Members when reviewing decisions made under Title 20; and WHEREAS, a public hearing was held by the Planning Commission on March 5, 2015 and by a vote of (7 -0), the Planning Commission, based upon the record and testimony submitted at the hearing, recommended the City Council adopt Zoning Code Amendment No. CA2015 -001 (PA2015 -029) to explicitly add language to the Municipal Code to allow Planning Commissioners and City Council Members to call items up for review. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 20.50.030 of Title 20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended as follows: Table 5 -1 (Review Authority) in Section 20.50.030 is hereby amended to delete footnote No. 4 and all references within Table 5 -1 to footnote No. 4. Section 2: Subsection 20.52.030(F)(2) of Title 20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended to read as follows: Decisions of the review authority may be appealed or called for review in compliance with Chapter 20.64. Ordinance No. 2015 -8 Page 2 of 5 Section 3: Subsection 20.52.070(D)(1)(b) of Title 20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended to read as follows: The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, call for review, and appeal procedures identified for any other discretionary permit. Section 4: Chapter 20.64 of Title 20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended to read as follows: Chapter 20.64 APPEALS AND CALLS FOR REVIEW 20.64.010 Purpose. The purpose of this chapter is to provide procedures for the appeal or call for review of determinations and decisions of the Director, Zoning Administrator, Hearing Officers, and Commission. Any provision in Title 20 relating to appeals shall be considered a call for review and processed according to this chapter when initiated by a member of the Commission or City Council under Section 20.64.030(A) if the purpose for the call for review is to bring the matter in front of the entire body for review. 20.64.020 Appeals or Calls for Review. A. Director. Interpretations or decisions of the Director may be appealed or called for review to the Commission. B. Zoning Administrator. Decisions of the Zoning Administrator may be appealed or called for review to the Commission. C. Hearing Officer. Decisions of a Hearing Officer may be appealed or called for review to the Planning Commission. D. Planning Commission. Decisions of the Commission may be appealed or called for review to the City Council. 20.64.030 Filing and Processing of Appeals and Calls for Review. A. Eligibility. Appeals may be initiated by any interested party. Calls for review may be initiated by a member of the Commission or City Council, in the member's official capacity, if the purpose for the call for review is to bring the matter in front of the entire body for review. B. Timing and Form of Appeal. An appeal initiated by an interested party shall be submitted in writing and shall state the facts and basis for the appeal. A call for review initiated by a member of the Commission or City Ordinance No. 2015 -8 Page 3 of 5 Council, in their official capacity, shall be submitted in writing and shall be for the purpose of bringing the matter in front of the entire body for review. 1. Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). a. Appeals addressed to the Commission shall be filed with the Director on forms provided by the Department; b. Appeals addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk; C. Calls for review addressed to the Commission shall be filed with the Director on forms provided by the Department; and d. Calls for review addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk. 2. Filing Fee. An appeal shall be accompanied by the filing fee identified in the City's master fee schedule. A call for review is exempt from the payment of a filing fee under Code Section 3.36.030, or any successor provision. C. Report, Scheduling, Noticing, and Conduct of Hearing. 1. The decision from which an appeal or a call for review has been made has no force or effect as of the date on which the appeal or call for review is filed. When an appeal or call for review has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority identified in Section 20.64.020 (Appeals). 2. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings). 3. Conduct of Hearing. a. Review of an appeal from a decision of the Hearing Officer, Zoning Administrator, Commission, or the Director, including Director interpretations, shall be de novo. A call for review of a decision of the Zoning Administrator, Hearing Officer, Commission, or the Director, including Director interpretations, shall be de novo. The body hearing a matter that is called for review shall follow the same procedure applicable to the lower hearing. Ordinance No. 2015 -8 Page 4 of 5 b. The review authority is not bound by the decision that has been appealed or called for review, or limited to the issues raised on appeal or at the lower hearing. c. The review authority shall hear testimony of the appellant, if any, the applicant, and any other interested party. d. The review authority shall consider the same application, plans, and project - related materials that were the subject of the original decision, unless otherwise deemed relevant by the review authority. D. Decision on Appeal or Call for Review. 1. As provided in this Zoning Code, the review authority may, based upon findings of fact about the particular case: a. Affirm, affirm in part, or reverse in whole or in part the action, determination, or decision that is the subject of the appeal or call for review. Adopted findings shall identify the reasons for the action; b. Adopt additional conditions of approval to address issues or concerns raised during the hearing; or C. Deny the permit approved by the previous review authority, even where the appellant, if any, only requested a change or elimination of one or more conditions of approval. 2. If new or different evidence is presented on appeal or review, the Commission or City Council may refer the matter to the previous review authority for further consideration. 3. In the event of a tie vote by the review authority on an appeal or call for review, the lower decision shall stand. 20.64.040 Judicial Review of City Decision. A person shall not seek judicial review of a City decision on a permit or other matter until all appeals or calls for review, if applicable, to the Commission and City Council have been first exhausted in compliance with this chapter. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Ordinance No. 2015 -8 Page 5 of 5 City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 7: The City Council finds the introduction and approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 8: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of April, 2015, and adopted on the 28th day of April, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS Peotter. Petros, Duffield. Muldoon. Dixon. Mayor Selich NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Mayor ATTEST: e �'Aa- Leilani I. Brown City Clerk APPROVEZAYS TO FORM: The City t or ey;s Office Aaron C. H ra City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2015-8 was duly and regularly introduced on the 14th day of April, 2015, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of April, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None ABSENT: Council Member Curry IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of April, 2015. L,PaRrk-` C City Clerk J City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2015-8 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: April 18, 2015 Adopted Ordinance: May 2, 2015 �-�j In witness whereof, I have hereunto subscribed my name this (�/' '` day of 4r' 2015.