HomeMy WebLinkAbout95-39 - Amending Title 20 of the Municipal Code to Reinstate Notice and Appeal Procedures for Specialty Food Service Applications (Planning Commission Amendment No. 829)ORDINANCE NO. 95 -39
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE MUNICIPAL CODE
TO REINSTATE NOTICE AND APPEAL
• PROCEDURES FOR SPECIALTY FOOD SERVICE APPLICATIONS
(PLANNING COMMISSION AMENDMENT NO. 829)
WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides
that Title 20 (the Zoning Code) may be amended by changing provisions whenever the public necessity
and convenience and the public welfare require such amendment; and
WHEREAS, Ordinance No. 94-17, adopted by the City Council on April 11, 1994, removed
the requirement for Modifications Committee approval of specialty food service facilities and
established an administrative permit procedure for specialty food service permits; and
WHEREAS, Community concern regarding due process has been expressed to the staff and
the City Council with respect to the elimination of the notification and appeal procedures for specialty
food establishments; and
• WHEREAS, the Planning Commission has determined that the subject amendment is exempt
from the requirements of the California Environmental Quality Act under Class 5 (Mmor Alterations in
Land Use Limitations); and
WHEREAS, on August 10, 1995, the Planning Commission of the City of Newport Beach
held a public hearing regarding Amendment No. 829; and
WHEREAS, on Sept . 11 1995, the City Council of the City of Newport Beach held a duly
noticed public hearing regarding this ordinance;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach
does hereby ordain as follows:
SECTION 1. Section 20.72.015 (E) of the Municipal Code is hereby amended to read as
follows:
• E. APPEAL.
1. An applicant for a specialty food service permit may appeal a decision of the Planning
Director to the Planning Commission. The appeal must be filed within fourteen (14) days after written
notice of the decision of the Planning Director. The Planning Commission may preside over the
appeal, or may appoint a hearing officer to take evidence and submit proposed findings and
recommendations to the Planning Commission. The Planning Commission may render a decision
within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing
officer. in the event that the applicant is not satisfied with the decision of the Planning Commission,
• the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk
within fourteen (14) days following the date of the decision of the Planning Commission. The City
Council may preside over the appeal or appoint a hearing officer to take evidence and submit
proposed findings and recommendations to the City Council. The City Council shall render its
decision within thirty (30) days after the hearing on the appeal. The decision of the City Council will be
final.
2. City shall mail notice of the approval of any specialty food service permit to all
owners of property within 100 feet of the parcel for which the specialty food service permit
was issued. Any owner of property to which notice was mailed may appeal the approval of
the specialty food service permit by filing a notice of appeal with the Modifications
• Committee. The notice of appeal shall be filed within 10 days of the date on the notice of
approval, the notice of appeal must specify the factual or legal basis for the appeal, and
•
must be accompanied by the fee established by Resolution of the City Council. The
Modifications Committee shall deny the appeal if there is substantial evidence that the
proposed specialty food service complied with the criteria specified in this Section. The
decision of the Modifications Committee shall be final.
SECTION 2. The Mayor shall sign and the City Council shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same
shall become effective thirty (30) days after the date of its adoption.
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SECTION 3. This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the 28th day of Aug., 1995, and was adopted on the
11th day of September . 1995, by the following vote, to wit:
•
AYES, COUNCIL MEMBERS EDWARDS, WATT, DEBAY,
HEDGES, COX. GLOVER, O'NEIL
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MF,MBERS NONE
r
• ' ii
ATTEST:
...NIPUBNO'1081095\A829.ORD
is
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