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HomeMy WebLinkAbout1464 - Appeals to CouncilORDINANCE NO. 1464 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.47.070 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR APPEALS TO THE CITY COUNCIL FROM DECISIONS OF THE PLANNING COMMISSION ON MODIFICATIONS COMMITTEE PROCEEDINGS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 20.47.070 of the Newport Beach Municipal Code is amended to read: 1120.47.070 Appeal. A. INITIATION OF APPEAL. In case the applicant or any other interested person is not satisfied with the action of the Modifications Committee, he may appeal in writing to the Planning Commission by filing a Notice of Appeal with the Secretary of the Planning Commission within seven (7) calendar days following the decision of the Committee. • B. FEE. To partially defray the administra- tive costs of the City, the Notice of Appeal shall be accom- panied by a fee of One Hundred Dollars ($100.00). C. DATE -- NOTICE. The Planning Commission shall set a date for public hearing and give notice in the same manner as prescribed in Section 20.47.040. Upon receiving Notice of Appeal to the'Planning Commission, the written findings of the Modifications Committee shall be submitted to the Planning Commission together with all maps, letters, exhibits, and other documentary evidence considered by the Modifications Committee in reaching a decision. D. DECISION. The Planning Commission shall render its decision within thirty (30) days after the filing of such appeal. • E. APPEAL TO CITY COUNCIL. (1) In case the applicant or.any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the -1- H • • • City Council by filing a notice of appeal with the City Clerk within 21 days following said action. Said notice of appeal shall be accompanied by a fee of Seventy -Five Dollars ($75.00). (2) Date -- Notice. The City Clerk shall set a date for public hearing and give notice by publication of notice of the hearing in the official newspaper of the City and by posting the notice in not less than two conspicuous places on or close to the property at least ten days prior to the hearing, or by mailing the notices, postage prepaid, at least five days prior to the hearing, to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of applicant's property. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission. Upon receiving notice of appeal to the City Council, the Community Development Director shall submit a written report of the Planning Commission proceedings to the City Council, together with all maps, letters, exhibits, and other documentary evidence con- sidered by the Planning Commission in reaching a decision. (3) Decision. The City Council shall render its decision within 30 days after the close of such hearing. F. RIGHT OF REVIEW BY CITY COUNCIL. The City Council, on its own motion, adopted by four affirmative votes, may elect to review any decision of the Modification Committee or the Planning Commission approving an application for a modification. The City Council's right of review may be exercised at any time prior to the expiration of 21 days from the date on which the Planning Commission renders its decision. In any application for a modification proceeding in which the City Council exercises its right of -2- DON dm 8/3/72 C J is review, the City Clerk shall set a date.for public hearing and give notice in the manner specified in Section 20.47.070E(2). The City Clerk shall also give written notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Community Development Director shall submit a written report of the Planning Commission proceedings to- gether with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of July , 1972, and was adopted on the 28th day of August , 1972, by the following vote, to wit: ATTEST: i CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION • D TE AUG 31 1972 CI. CLERK OF THE CITY 0 F N5WPORT BEACX AYES, COUNCILMEN: McInnis, Rogers, Croul, Dostal, Kymla, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor -3- DON:mh 5/30/72