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HomeMy WebLinkAbout25 - Council & Planning Commission Calls for ReviewCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 June 10, 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: City Council and Planning Commission Calls for Review ISSUE: Should the procedures for City Council and Planning Commission Calls for Review be reconsidered? RECOMMENDATION: Give staff direction on desired changes to the Calls for Review process, or determine that no changes are necessary. DISCUSSION: Chapter 20.95 of the Newport Beach Municipal Code establishes the procedures for the City Council or Planning Commission to call for review a decision rendered by the Planning Commission or staff (attached). Briefly, it provides for any individual Planning Commissioner to call for review any decision made by the Modification Committee or Planning Director, and any individual City Council member to call for review any decision of the Planning Commission, Modification Committee or Planning Director. All Calls for Review must occur within 14 days of the date of the decision. Prior to 1997, a majority vote of the City Council or Planning Commission was required to call an item for review. Because of this requirement, a call for review had to occur at a City Council or Planning Commission meeting. This could be accommodated because the appeal period was then 21 days, which was sufficient to cover the 4 times per year when there are 3 weeks between Council and Commission meetings. In 1997, the Code was amended to reduce the appeal period to 14 days. Because of the aforementioned times when there are three weeks between Commission and Council meetings, it was necessary to allow a Call for Review without requiring a City Council and Planning Commission Calls for Review June 10, 2003 Page 2 meeting. It was decided to allow a Call for Review at the request of any individual member of the City Council or Planning Commission. If the City Council wishes, the procedure for Calls for Review could be changed in one of two ways. One would be to require a minimum of two members to call an item for review at a regular meeting. The other would be to require a majority vote of the City Council or Planning Commission. Both could be accomplished without changing the current 14 -day appeal period by allowing for an extension of the Call for Review period by the Planning Director. The Call for Review period should be extended only when required to allow for a regular meeting of the City Council or Planning Commission to occur. Prepared by: Patricia L. Temple. Planning Director Attachment: Chapter 20.95 (NBMC) CHAPTER 20.95 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. »/20101 3 Page 20.95 -2 Appeals and Calls For Review 20.95.040 Time Limits for Appeals and Calls for Review A. Appeals. Appeals shall be initiated within 14 days of the decision. B. Calls for Review. Calls for review shall be initiated within 14 days of the decision. I1Q0 /01 I 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 11/20101 Page 20.954 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. 1120/0) 1r