HomeMy WebLinkAbout1788 - Planning Commission Appeal Period0
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ORDINANCE NO. 1785
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 20.81070 OF THE NEWPORT
BEACH MUNICIPAL CODE TO INCREASE THE APPEAL
PERIOD TO THE PLANNING COMMISSION FROM SEVEN
(7) TO FOURTEEN (14) DAYS
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Section 20.81.070 of the Newport Beach
Municipal Code is amended to read:
"20.81.070 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 fourteen (14) calendar
days following the decision of the Committee.
B. FEE. To partially defray the administrative
costs of the City, the notice of appeal shall be accom-
panied by a fee as established by resolution of the City
Council.
C. DATE - NOTICE. The Planning Commission shall set
a date for public hearing and give notice in the same
manner as prescribed in Section 20.81.040. 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 City Council by filing a
notice of appeal with the City Clerk within fourteen (14)
days following said action. Said notice of appeal shall
be accompanied by a fee as.established by resolution of
the City Council.
(2) DATE - NOTICE. The City Clerk shall set a
date for public hearing and give notice in the same manner
as prescribed in Section 20.81.040. 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 Commissionproceedings 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 thirty (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 decision 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
Commission approving an application for a modification. In
the case of a decision from the Modifications Committee, the
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Planning Commission's or City Council's right of review
may be initiated at any time prior to the expiration of
fourteen (14), 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 re-
view by four affirmative votes. In the case of a deci-
sion from the Planning Commission, the City Council's right
of review may be initiated at any time prior to the expira-
tion of fourteen (14) 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 20.81.070E(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 re-
port of the Planning Commission proceedings together 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 shall be effective thirty
(30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of
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the City Council of the City of Newport Beach held on the
20th day of Decemher , 1978, and was adopted •
on the Rrh day of January , 197 , by the
following vote, to wit:
AYES, COUNCILMEN Ryckoff, Williams,
Hart, Heather, Hummel, McInnis
NOES, COUNCILMEN None
ABSENT COUNCILMEN Sr_ranaa
14�.&
Mayor
ATTEST:
t
`City C er
CERTIFIED AS THE OP,IGINAL AND
CERTIFIED AS TO PUBLICATION
�DATE_JAN 1.`
........... .........................
CITY CLERK OF TH.. CITY OF K�`KbG@T eE1
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11/29/78