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Home My WebLink About1502 - Modifications Committee• • • ORDINANCE NO. . '1,502' AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20.47.050, 20.47.060, 20.47.070, 20.47.080 AND 20.47.100 OF CHAPTER 20.47 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE MODIFICATIONS COMMITTEE The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 20.47.050 of the Newport Beach Municipal Code is amended to read: "20.47.050 Applications. A. PROCEDURE. Application for a modification shall be made in writing to the Commun- ity Development Department on forms provided by the City. Applications filed pursuant to this section shall be numbered consecutively in order of their filing and shall become a part of permanent official records of the City, and there shall be attached thereto copies of all notices and actions pertaining thereto. Application for modifi- cation may be made by the owner, lessee or agent of the owner of the property affected. The application shall be signed by either the record owner, the lessee or an agent of the owner, if written authorization from the record owner is filed with the application. B. .INFORMATION REQUIRED. An application for a mod- ification shall be accompanied by the following: 1. Plot plans showing all property lines, structures, parking, driveways, other major improvements or facilities and landscaped areas. 2. Elevations of all proposed structures. 3. Other plans such as floor plans as may be required by the Community Development Director to assure a proper consideration of the application. -1- • C. FEES. Before receiving any application for a modification, the City shall, for purposes of defraying the expenditures incidental to the proceedings described herein, charge and collect a fee of Thirty -Five Dollars ($35.00) for each application." SECTION 2. Section 20.47.060 of the Newport Beach Municipal Code is amended to read: "20.47.060 Action by Committee. A. INVESTIGATION. The Modifications Committee shall cause to be made, by its own members or its respective staffs, such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this section and sound planning practices. B. FINDINGS. In order to grant relief to an appli- cant through a modification, the Committee shall find that the establishment, maintenance or operation of the • use of the property or building will not, under the cir- cumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. C. IMPOSITION OF CONDITIONS. The Modifications Committee may impose such conditions in connection with the granting of a modification as they deem necessary to secure the purposes of this title and may require guarantees • and evidence that such conditions are being or will be complied with. -2- N D. RENDERING OF DECISION. After the conclusion of the hearing on any application for a modification, the Committee shall render a decision within fifteen (15) days • unless otherwise stipulated by the applicant and the Commit- tee: No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal, which for purposes of modifications shall be seven (7) calendar days after the date of the Committee's decision. In the event an appeal is filed, the modification shall not become effective unless and until a decision is made by the Planning Commission on such appeal. E. NOTICE. The Modifications Committee shall set forth in writing the findings upon which the decision is made. A copy of said findings shall be mailed by first class mail to the applicant and any other interested person who makes request during the public hearing. A copy shall • also be posted on the official notice board of City Hall until such time as the decision has become final and copies is shall also be directed to the Secretary of the Planning Commission and the City Council." SECTION 3. Section 20.47.070 of the Newport Beach Municipal Code is amended to read: "20.47.070 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 Com- mission within seven (7) calendar days following the decision of the Committee. -3- B. FEE. To partially defray the administrative costs of the City, the Notice of Appeal shall be accompanied 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 com- mission, he may appeal in writing to the 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 in the same manner as prescribed in Section 20.47.040. 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 pro- ceedings to the City Council, together with all maps, • letters, exhibits, and other documentary evidence considered 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 OR PLANNING • COMMISSION. The Planning Commission or City Council, on their own motions, adopted by four affirmative votes,.may elect to review any decisions of the Modifications Committee approving an application for a modification. The City Council on its own motion, adopted by four affirmative votes, may also elect to review any decisions of the Planning Com- mission approving an application for a modification. In the case of a decision from the Modifications Committee, the Planning Commission's or City Council's right of review may be initiated at any time prior to the expiration of seven (7) days from the date on which the Modifications Committee renders its decision. Said review may be initiated by any member of the Planning Commission or the City Council by notification to the Director of Community Development. The Director of Community Development will thereafter impose a temporary stay of the Modifications Committee's action until such time as the Planning Commission or City Council shall meet and decide to exercise their right of review by four affirmative votes. In the case of a decision from the Planning Commission, the City Council's right of review may be initiated 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 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 -5- is • E Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision." SECTION 4. Section 20.47.080 of the Newport Beach Municipal Code is amended to read: "20.47.080 Referral to Planning Commission. In the event the Modifications Committee determines that an appli- cation should properly be heard by the Planning Commission, it may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this chapter." SECTION 5. Section 20.47.100 of the Newport Beach Municipal Code is amended to read: "20.47.100 Administrative Act. The granting of any modification, when conforming to the provisions of this title, is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Modifications Committee and the Community Development Director and the action thereon by the Modif- ications Committee or Community Development Director shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or the zoning map of the City. SECTION 6. This ordinance shall be published once in the official newspaper of the City, aid the same shall be effec- tive thirty days after the date of its adoption. -6- This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 29th day of May 1973, and was adopted on the 11th day of June. 1973, by the following vote, to wit: ATTEST: CERTIFIED AS TH= OPIGNIA1- AND • CERTtF1�D AS TJ F�Cii= ATiC1:: JUN 15 1973 DATE- . ............................... C�... A. _ ClE K Of THE CITY OF 1:� .� Ri BEACH 0 AYES, COUNCILMEN• McInnis, Rogers, Croul, Dostal, Kymla, Store NOES, COUNCILMEN: None ABSENT, COUNCILMEN :Ryckoff -7- DRB:sh 5/22/73