HomeMy WebLinkAboutSS2 - Appeals and Calls for ReviewCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Study Session Item No. ss2
February 25, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patricia L. Temple, Planning Director
949 - 644 -3228, ptemple @city.newport- beach.ca.us
SUBJECT: Appeals and Calls for Review
ISSUE:
A review of the Municipal Code provisions for appeal of a decision of staff, the
Modification Committee or the Planning Commission, as well as calls for review by
either the Planning Commission or City Council of those decisions.
BACKGROUND:
Chapter 20.95 of the Municipal Code establishes the procedures for Appeals and Calls
for Review. The purpose of each is described as follows:
Appeals. To avoid results that are inconsistent with the purposes of this code,
decisions of the Planning Director and the Modifications Committee may be
appealed to the Planning Commission, and decisions of the Planning
Commission may be appealed to the City Council.
As specified in the Code, appeals may be initiated by any interested party,
including a project applicant or affected property owner.
Calls for Review. As an additional safeguard to avoid results inconsistent with
the purposes of this code, decisions of the Planning Director and the
Modifications Committee may be called up for review by the Planning
Commission, or by the City Council for review or referral to the Planning
Commission. Decisions of the Planning Commission may be called up for review
by the City Council.
Appeals and Calls for Review must be initiated within 14 days of the decision. The
Appeal or Call for Review must be scheduled within 30 days of filing, are subject to the
Appeals and Calls for Review
February 25, 2003
Page 2
same public notice and hearing requirements of the original decision, and are subject to
the same findings prescribed in the Municipal Code.
The following is a list of the types of decisions which can be appealed or called for
review:
Staff approvals:
Code Interpretations
Planning Director Approval
Use Permit approved by Planning Director
Accessory Outdoor Dining Permit
Modification Committee approvals:
Modification Permit
Lot Line Adjustment
Parcel Map (Resubdivision)
Condominium Conversion Permit
Appeals of staff approvals and Modification Committee approvals are heard by the
Planning Commission. Both the Planning Commission and City Council can call these
approvals for review. The City Council can either directly consider a call for review, or
refer the matter to the Planning Commission for consideration.
Planning Commission approvals:
Use Permit
Site Plan Review
Variance
Traffic Study (TPO)
Tentative Tract Map
Substantial Compliance Determinations
Environmental Determinations
Appeals and Calls for Review of these Planning Commission approvals are considered
by the City Council.
Actions by the Planning Commission on the following items are advisory in nature, and
can only be approved by the City Council:
General Plan Amendments
Zoning Amendments
The Planning Commission and City Council receives notification of decisions which are
subject appeal or call for review in a couple of different ways. Actions by the
Modification Committee and staff are reported on a weekly basis by distribution of a
memo with approval letters attached. This includes all formal actions by staff authorized
Appeals and Calls for Review
February 25, 2003
Page 3
by the Code, from Modification Permits through Planning Director Approvals. What this
memo does not include are routine decisions that are made through the course of
normal business associated with the routine administration of the Zoning Code. Staff
also routinely distributes the Case Log, which provides the status of all cases in
process.
The City Council receives a formal report on the actions of the Planning Commission.
The Planning Commission Agenda is included in the regular Council Agenda packet, a
supplemental report of Commission actions is distributed the day after the Planning
Commission meeting, and an oral report is made at each City Council meeting.
Environmental Review: This discussion item is not considered a project by the
California Environmental Quality Act, since there is no discretionary action proposed.
Public Notice: No notice is required for this item. However, it was included on the Study
Session Agenda, which was posted at City Hall, and was available at the Newport
Beach internet web site.
Prepared by:
�i 6 EA
'Patricia Te , P!, n for
Submitted by:
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Sharon Wood, Assistant City Manager
Attachments: Chapter 20.95, Newport Beach Municipal Code
CHAPTER 20.95
ra; �
APPEALS AND CALLS FOR REVIEW
Sections:
Page 20.95 -1
Appeals and
Calls For Review
20.95.010
Purpose and Authorization for Appeals and Calls for Review
20.95.020
Rights of Appeal
20.95.030
Appeals of Decisions on Tentative Maps
20.95.040
Time Limits for Appeals and Calls for Review
20.95.050
Initiation of Appeals and Calls for Review
20.95.060
Procedures for Appeals and Calls for Review
20.95.010 Purpose
A. Appeals. To avoid results that are inconsistent with the purposes of this code,
decisions of the Planning Director and the Modifications Committee may be
appealed to the Planning Commission, and decisions of the Planning Commission
may be appealed to the City Council.
B. Calls for Review. As an additional safeguard to avoid results inconsistent with the
purposes of this code, decisions of the Planning Director and the Modifications
Committee may be called up for review by the Planning Commission, or by the City
Council for review or referral to the Planning Commission. Decisions of the
Planning Commission may be called up for review by the City Council.
20.95.020 Rights of Appeal
Appeals may be initiated by any interested party, unless otherwise prescribed in the individual
chapters of this code.
20.95.030 Appeals of Decisions on Tentative Maps
Notwithstanding other provisions of this Chapter, procedures and time limits for appeals of decisions
on tentative tract maps and tentative parcel maps shall be as specified in Chapter 19.08 of the
Subdivision Code.
11/20 /01
20.95.040
F41
Page 20.95 -2
Appeals and
Calls For Review
Time Limits for Appeals and Calls for Review
Appeals. Appeals shall be initiated within 14 days of the decision.
Calls for Review. Calls for review shall be initiated within 14 days of the decision.
11/20/03
Page 20.95 -3
Appeals and
Calls For Review
20.95.050 Initiation of Appeals and Calls for Review
A. Filing of Appeals. Appeals of decisions of the Planning Director or the
Modifications Committee shall be made in writing to the Planning Director. 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.
C. Calls for Review. Calls for review by the Planning Commission or the City Council
may be initiated by any member.
D. Effect on Decisions. Decisions that are appealed or called up for review shall not
become effective until the appeal or review is resolved, as provided in Section
20.95.050.
20.95.060 Procedures for Appeals and Calls for Review
A. Hearing Date. An appeal or call for review shall be scheduled for a hearing before
the appellate or reviewing body within 30 days of the filing of the appeal unless both
applicant and appellant or reviewing body consent to a later date.
B. Notice and Public Hearing. An appeal or call for review hearing shall be a public
hearing if the decision being appealed or reviewed required a public hearing. Notice
of public hearings shall be given in the manner required for the decision being
appealed or reviewed.
C. Plans and Materials. At an appeal or review hearing, the appellate or reviewing body
shall consider only the same application, plans, and project related materials that
were the subject of the original decision.
D. Hearing. At the hearing, the appellate or reviewing body shall review the record of
the decision and hear testimony of the appellant, the applicant, and any other
interested party.
E. Required Findings. At an appeal or review hearing, the appellate or reviewing body
shall make the findings prescribed in the individual chapters of this code when
affirming, modifying, or reversing the original decision.
F. Decision and Notice. After the hearing, the appellate or reviewing body shall affirm,
modify, or reverse the original decision. When a decision is modified or reversed,
the appellate or reviewing body shall state the specific reasons for modification or
11/20/01
Page 20.95 -4
Appeals and
Calls For Review
reversal. Decisions on appeals or review shall be rendered within 30 days of the
close of the hearing. The Planning Director shall mail notice of a Planning
Commission decision and the City Clerk shall mail a notice of a City Council
decision. Such notice shall be mailed within 5 working days after the date of the
decision to the applicant and the appellant.
11120101