HomeMy WebLinkAboutCode Amendement_CA2006-008_Appeal Procedures (PA2006-257)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 6
January 4, 2007
TO: PLANNING COMMISSION
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
palford(dcity. newport- beach.ca.us
SUBJECT: Code Amendment 2006 -008
Appeal Procedures (PA 2006 -257)
ISSUE:
Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to
revise appeal procedures to allow a single City Council Member to appeal decisions of
the Zoning Administrator, Planning Director, and Planning Commission?
RECOMMENDATION:
Adopt the attached resolution recommending City Council approval of Code
Amendment No. 2006 -008.
DISCUSSION:
Background:
On August 24, 2004, the City Council approved a code amendment to require a simple
majority vote of the City Council at a regularly- scheduled meeting to initiate an appeal of
a decision of the Modifications Committee (later, the Zoning Administrator), the Planning
Director, or the Planning Commission. Prior to this amendment, any City Council
Member could initiate an appeal anytime within 14 days of the decision. The City
Council initiated the proposed amendment on November 28, 2006.
Analysis:
The proposed amendment would revise Section 20.95.050 (C) (Appeals by Elected or
Appointed Officials) to state that any member of the City Council may initiate an appeal of
a decision of the Zoning Administrator, the Planning Director, or the Planning Commission.
The proposed amendment would also revise Section 20.95.040 (Time Limits for Appeals)
to delete the exception that allows a City Council member to extend the appeal period to
Appeal Procedures
January 4, 2007
Page 2
the next regularly - scheduled City Council meeting. This exception was added in 2004
because appeals by the City Council have to be initiated at regular City Council meetings.
This exception was intended to avoid situations where the City Council could not initiate
an appeal because their next meeting is scheduled after the 14-day appeal period. Since
the proposed amendment would allow a City Council member to initiate an appeal at any
time within the appeal period, this exception is no longer needed.
Environmental Review:
The proposed action is not defined as a project under the California Environmental
Quality Act (CEQA) because it involves general policy and procedure- making activities
not associated with a project or a physical change in the environment (Section 15378 of
the CEQA Guidelines).
Public Notice:
Notice of this hearing was published in the Daily Pilot a minimum of:1.0 days'in advance
of this hearing consistent with the Municipal Code. Additionally, the item appeared
upon the agenda for this meeting, which was posted at City Hall and on the City
website.
Prepared by: Submitted by:
-
PatricR J. Alford
Senior Planner
Attachments:
1. Draft resolution.
David Lepo
Planning Director
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
ADOPTION OF CODE AMENDMENT NO. 2006 -008 (PA
2006 -211) ALLOWING A SINGLE CITY COUNCIL
MEMBER TO APPEAL DECISIONS OF THE ZONING
ADMINISTRATOR, PLANNING DIRECTOR AND
PLANNING COMMISSION
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, on September 26, 2006, the City Council initiated an amendment to
Title 20 of the City of Newport Beach Municipal Code to revise procedures relating to
the initiation of appeals by City Council Members; and
WHEREAS, a public hearing was held on January 4, 2007 in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting; and
WHEREAS, the Planning Commission finds as follows:
1. Current appeal procedures require a simple majority vote of the City Council at
a regularly - scheduled meeting to initiate an appeal of a decision of the Zoning
Administrator, the Planning Director, or the Planning Commission.
2. The City Council desires to revise the appeal procedures to allow a single City
Council Member to appeal decisions of the Zoning Administrator, Planning
Director, and Planning Commission at anytime within the 14 -day appeal
period.
3. The proposed action is not defined as a project under the California
Environmental Quality Act (CEQA) because it involves general policy and
procedure making activities not associated with a project or a physical change
in the environment (Section 15378 of the CEQA Guidelines).
NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned
findings, the Planning Commission hereby recommends that the City Council of the City
of Newport Beach adopt Code Amendment No. 2006 -008 to Title 20 of the Newport
Beach Municipal Code as provided in Exhibit A.
J
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 2
PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY 2007.
BY:
Jeffrey Cole, Chairman
I-W
Robert Hawkins, Secretary
AYES:
NOES:
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