HomeMy WebLinkAbout97-7 - Amending Portions of Chapter 5.50, 12.56, 15.02, 15.04, 15.05, 15.06, 15.08, 15.09, 15.10, 15.16, 15.37, 19.12 of the Newport Beach Municipal Code, Pertaining to Fees for ServicesORDINANCE NO. 97- 7
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING PORTIONS OF
CHAPTER 5.50, 12.56, 15.02, 15.04, 15.05, 15.06, 15.08,
15.09, 15.10, 15.16, 15.37, 19.12 OF THE NEWPORT
BEACH MUNICIPAL CODE, PERTAINING TO FEES FOR
SERVICES
The City Council of the City of Newport Beach does hereby ordain that specific
Sections of the Newport Beach Municipal Code concerning fees for services are
amended by removing that which is shown in strike -out and /or adding that which is
underlined in order to read as follows:
SECTION 1: Section 5.50.045 (B.) of Chapter 5.50 is hereby amended to read
as follows:
5.50.045 Off - Premises Massage Permit
• A. For purposes of this chapter, a massage performed or administered off -
premises and requiring an off - premises massage permit shall be one performed or
administered for money or other consideration by a licensed massage technician at a
location other than a licensed massage establishment.
B. No person shall perform or administer a massage off the premises of a
massage establishment, for money or other consideration, without obtaining a massage
technician permit under Sections 5.50.035 and 5.50.040 in conjunction with a valid
operator's permit and an off - premises massage permit under this section. Any person
desiring an off - premises massage permit shall file a written application on the required
form with the Police Department Community Services Officer, who shall conduct an
investigation. The applicant shall accompany the application with a filing fee established
by Resolution of the City Council. The application shall contain or be accompanied by
the following information:
1. The complete name, including all aliases, residence and business
address and telephone number of the applicant.
2. The precise name and complete address and telephone number of each
person receiving the off - premises massage.
• 3. The complete address at which the off - premises massage is to be
conducted.
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4. The specific reasons necessitating the performance of the massage at a
• location other than a massage establishment. If the off - premises massage is to be
conducted at a commercial business during normal business hours while patron
remains fully clothed, a letter from the commercial business confirming these conditions
shall accompany the application.
5. Such other information deemed necessary by the Chief of Police.
C. Upon receipt of a written application for an off - premises massage permit,
the Chief of Police shall initiate an investigation to ascertain whether such permit should
be issued as requested. Within ten days of the filing of an application, the Chief of
Police shall approve, conditionally approve or deny the application. The Chief of Police
shall issue the permit unless he or she finds that it is not reasonably necessary to
perform or administer the massage at a location other than the massage establishment.
The Chief of Police may specify conditions on the issuance of the off - premises
massage permit that are reasonably necessary to ensure compliance with this chapter
and other laws.
D. An off - premises permit for chair massage only shall be valid for a period
of one year. Chair massage is where a patron receives a massage while fully clothed in
a public or semipublic area. The areas massaged are the head, neck, back and arms
• only. The Chief of Police must receive a letter from the property or business owner
stating their knowledge and approval of chair massage in or adjacent to their business,
the location where the chair massage will take place, the hours to be conducted and
that only a recognized massage chair may be used. (Ord. 96 -27 § 1 (part), 1996: Ord.
94 -54 § 1 (part), 1994: Ord. 92 -5 § 1 (part), 1992)
•
SECTION 2: Section 5.50.070 (D.) of Chapter 5.50 is hereby amended to read
as follows:
5.50.070 Transfer and Duration of Permits.
A. No permit issued hereunder shall be transferable to any other person or
establishment, provided, however, an additional location or change of location of a
massage technician permit will be allowed upon prior written notice to the Chief of
Police and payment of the appropriate transfer fee.
B. Permits for massage operators, managers and technicians shall be
renewed on a year -to -year basis provided that the permittees continue to meet the
requirements set out in this chapter.
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C. Applications for the next ensuing permit shall be filed with the Chief of
• Police before the expiration of the existing permit. Temporary permits will not be issued
and renewal applications must be filed no later than sixty (60) days prior to the
expiration of the permit to prevent a lapse of the permit.
D. Renewal applications shall require such information as may be required
by the Chief of Police to update the information contained in the original permit
application. The applicant shall accompany the application for renewal with the
appropriate filing fee established by Resolution of the City Council. (Ord. 96 -27 § 1
(part), 1996: Ord. 94 -54 § 1 (part), 1994: Ord. 92 -5 § 1 (part), 1992)
SECTION 3: Section 12.56.060 of Chapter 12.56 is hereby amended to read as
follows:
12.56.060 Fees.
The fees required to be paid pursuant to the provisions of this chapter shall be
established by Resolution by the City Council.:
• SECTION 4: Section 15.02.010 of Chapter 15.02 is hereby amended to read as
follows:
15.02.010 Adoption of the Uniform Administrative Code
The City Council adopts and incorporates by reference, as though set forth in full
in this chapter the 1991 edition of the "Uniform Administrative Code" as published by
the International Conference of Building Officials, except fees which shall be
established by Resolution of the City Council, subject to the changes and modifications
set forth in this chapter. The various parts of this Code along with the additions,
amendments and deletions adopted in this chapter, shall constitute and be known as
the Newport Beach "Administrative" Code. A copy of the 1991 Uniform Administrative
Code, printed in code book form shall be kept on file in the office of the City Clerk. (Ord.
93 -19 § 1 (part), 1993)
SECTION 5: Section 15.02.020 of Chapter 15.02 is hereby amended to read as
follows:
15.02.020 Amendment to Section 204 of the Administrative Code.
. Section 204 of the Administrative Code is amended to read:
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(a) General. In order to hear and decide appeals of orders, decisions or
411 determinations made by the building official relative to the application and
interpretations of the technical code, there shall be and is hereby created a Board of
Appeals consisting of seven (7) members who are qualified by experience and training
to pass upon matters pertaining to building construction and building service equipment
and who are not employees of the City of Newport Beach. The building official shall be
an ex officio member and shall act as secretary to said board but shall have no vote
upon any matter before the board. The Board of Appeals shall be appointed by the City
Council and shall hold office at its pleasure. The board shall adopt rules of procedure
for conducting its business and shall render all decisions and findings in writing to the
appellant with a duplicate copy to the building official and may recommend to the City
Council such new legislation as is consistent therewith.
(b) Limitations of Authority. The Board of Appeals shall have no authority
to interpret the administrative provisions of codes; nor shall the board be empowered to
waive requirements of codes.
(c) Fee for an appeal hearing before the Board of Appeals. The fee for an
appeal hearing before the Board of Appeals shall be established by Resolution of the
City Council , payable at the time the applicant submits his request for a hearing.
Should the applicant desire to withdraw his request prior to a public hearing, the
• Building Official may authorize refunding of up to 80% of the fee paid. (Ord. 93 -19 § 1
(part), 1993)
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SECTION 6: Section 15.020.040 of Chapter 15.02 is hereby amended to read
as follows:
15.02.040 Amendment to Section 304(c) of the Administrative Code.
Section 304(c) of the Administrative Code is amended to read:
Sec. 304(c) Plan Review Fees:
When a plan or other data are required to be submitted by the Uniform
Administrative Code a plan review fee established by Resolution of the City Council
shall be paid at the time of submitting plans and specifications for review. Additional
plan check fees shall be established by Resolution of the City Council and shall be paid
at the time of submitting plans and specifications for review where compliance with
state regulations is required. Fees shall be established for but are not limited to plan
check for energy compliance, disabled access compliance, electrical, mechanical and
plumbing work, and grading work.
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The plan review fees specified in this subsection are separate fees from the
• permit fees and are in addition to the permit fees.
When plans are incomplete or changed so as to require additional plan review,
an additional plan review fee shall be charged at the rates established by Resolution of
the City Council.
(Ord. 93 -19 § 1 (part), 1993)
SECTION 7: Section 15.02.050 of Chapter 15.02 is hereby amended to read as
follows:
15.02.050 Amendment to Section 305(g) of the Administrative Code.
Section 305(g) of the Administrative Code is amended to read:
Sec. 305(g) Other Inspections.
1. In addition to the called inspections specified above, the Building Official
may make or require other inspections of construction work to ascertain compliance
• with the provisions of this code or technical codes and other laws which are enforced by
the code enforcement agency.
2. An owner, agent, agency or other authorized person may request a
special inspection to determine the proper use, occupancy, or change in use or
character of occupancy of a building or structure and obtain a code compliance report.
The fee for requested inspections shall be established by Resolution of the City
Council.
Ord. 93 -19 § 1 (part), 1993)
SECTION 8: Section 15.020.060 of Chapter 15.02 is hereby amended to read
as follows:
15.02.060 Amendment to Section 306(b) to the Administrative Code.
Section 306(b) of the Administrative Code is amended to read:
306(b) Approval of Special Inspector: The special inspector shall be a
qualified person approved by the Building Official of the City of Newport Beach or
• his/her designated representative. The special inspector shall furnish continuous
inspection on the construction and work requiring his /her employment as prescribed in
the applicable code. The special inspector shall report to the Building Official in writing,
Ord. 97 -7
noting all code violations and other information as required on forms prescribed, or
• approved by the City of Newport Beach.
Each person applying for listing /registration as a special inspector for the City of
Newport Beach shall possess a valid certification as a special inspector, issued upon
presentation of evidence of successful completion of testing /examination by a City
approved testing agency, for each classification for which the person is applying. The
Building Official may administer testing procedures which he /she may find appropriate.
Each person applying for registration as a special inspector for the City of
Newport Beach shall pay a registration fee established by Resolution of the City Council
for each classification, payable with the application.
A registration card shall be issued to each such special deputy inspector who
qualifies. A renewal fee established by Resolution of the City Council for each
classification shall be charged on July 1 of each year, thereafter, at which time the
special inspector may be subject to re- examination.
The Building Official may, in writing, suspend or revoke any special deputy
inspector's certificate of registration for due cause. This notice shall set forth the time
and place evidence would be submitted to show cause why the certificates of
• registration should not be revoked. Failure to appear at such hearing by the special
inspector may result in immediate revocation of said inspector's certificate of
registration.
Special Inspector's qualification registrations are to be given only for the
execution of work done under section 306(a) of the Uniform Administrative Code in the
City of Newport Beach or for work specifically authorized by the Building Official. (Ord.
93 -19 § 1 (part), 1993)
SECTION 9: Section 15.020.070 of Chapter 15.02 is hereby amended to read
as follows:
15.02.070 Amendment to Section 308(b).
Section 308(b) of the Administrative Code is amended to read:
Sec. 308(b) Temporary Utility Connections.
1. The Building Official may authorize the temporary connection of the
• building service equipment to the source of energy, fuel or power for the purpose of
testing equipment, or for limited use granted under a temporary Certificate of
Occupancy.
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• 2. Fee. The Building Official shall require that a bond be posted for the
temporary energizing of the building's electrical or gas piping system provided (a) that
the inspector finds the system safe and authorized the connection and (b) that this
temporary use does not exceed 60 days. The amount of the bond for a single family
residence shall be $500.00. For all other occupancies the bond shall be $1,000.00 for
each Service meter. In addition, an inspection fee established by Resolution of the City
Council may be required.
(Ord. 93 -19 § 1 (part), 1993)
SECTION 10: Section 15.02.080 of Chapter 15.02 is hereby deleted.
SECTION 11: Section 15.020.100 of Chapter 15.02 is hereby deleted.
is SECTION 12: Section 15.04.020 of Chapter 15.04 is hereby amended to read
as follows:
15.04.020 Deletion of Chapter 1 of Unuform Building Code.
Chapter 1 of the Uniform Building Code is deleted. All administrative provisions
including enforcement, permit process, fee adoption and inspections for this chapter are
contained in the Administrative Code under Chapter 15.02. (Ord. 95 -57 § 1 (part),
1995)
SECTION 13: Section 15.05.020 of Chapter 15.05 is hereby amended to read
as follows:
15.05.020 Deletion of Chapter 1 of the Mechanical Code.
Chapter 1 of the Mechanical Code is deleted. All administrative provisions
including enforcement, permit process, fee adoption and inspections for this chapter are
contained in the Administrative Code under Chapter 15.02. (Ord. 95 -58 § 1 (part),
1995: Ord. 92 -18 § 1 (part), 1992)
• SECTION 14: Section 15.06.020 of Chapter 15.06 is hereby amended to read
as follows:
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Ord. 97 -7
15.06.020 Amendment to Article 90-4.
• Article 90 -4 of the Electrical Code is amended to read:
90-4 Enforcement. The Building Official of the City of Newport Beach shall
enforce the provisions of this code and shall have the responsibility for making
interpretations of the rules for deciding upon the approval of equipment and materials,
and for granting the special permission contemplated in a number of the rules. All
administrative provisions including permit process, fee adoption and inspections for this
chapter are contained in the Administrative Code under Chapter 15.02.
(Ord. 95 -59 § 1 (part), 1995)
SECTION 15: Section 15.08.010 of Chapter 15.08 is hereby amended to read
as follows:
15.08.010 Adoption of Uniform Plumbing Code.
The City Council adopts and incorporates by reference, as though set forth in full
in this chapter, the 1994 edition of the "Uniform Plumbing Code" chapters 2 through 14
• and Appendices A, B, C, D, E, F, H and I, and the Installation Standards, as published
by the International Association of Plumbing and Mechanical Officials. The City Council
also adopts and incorporates by reference all applicable portions of Title 24, California
Code of Regulations, subject to the changes and modifications set forth in this chapter.
The various parts of these Codes and Standards, along with the additions,
amendments, and deletions adopted in this chapter, shall constitute and be known as
the Newport Beach "Plumbing" Code. A copy of the 1994 Uniform Plumbing Code,
printed in code book form, shall be kept on file in the office of the City Clerk. All
administrative provisions including enforcement, permit process, fee adoption and
inspections for these chapters are contained in the Administrative Code under Chapter
15.02. (Ord. 95 -60 § 1 (part), 1995)
SECTION 16: Section 15.09.020 of Chapter 15.09 is hereby amended to read
as follows:
15.09.020 Deletion of Part 1 Administration.
Part 1 Administration of the Swimming Pool Code is deleted in its entirety. All
administrative provisions including enforcement, permit process, fee adoption and
• inspections for this chapter are contained in the Administrative Code under Chapter
15.02. (Ord. 92 -21 § 1 (part), 1992)
Ord- 97 -7
• SECTION 17: Section 15.10.070 of Chapter 15.10 is hereby amended to read
as follows:
15.10.070 Fees.
A. Grading Plan Review Fees. Before accepting a set of plans and
specifications for checking, the Building Official shall collect a plan checking fee.
Separate permits and fees shall apply to retaining walls over three (3) feet in height and
additional fees shall be collected for pavement and drainage collection, stabilization and
erosion protection devices not exempted in accordance with this Code. There shall be
no separate charge for standard terrace drains, standard subdrains, temporary erosions
or sediment control devices or similar facilities. For excavation and fill on the same site,
the fee shall be based on the volume of the excavation or fill, whichever is greater.
These fees shall be established by Resolution of the City Council.
B. Drainage Plan Review Fees. The Building Official may charge plan review
fees if, in his opinion, the proposed drainage alterations are sufficient in extent to
require more than field inspection to ensure code conformance. These fees shall be
established by Resolution of the City Council.
C. Grading Permit Fees. The grading permit fees shall be based on the
• volume of excavation or fill whichever is greater or on the estimated valuation of
retaining walls for which no separate permit is required combined with the estimated
valuation of any commercial or industrial paving, drainage collection, stabilization and
erosion control devices not exempted by this Code. These fees shall be established by
Resolution by the City Council.
D. Drainage Permit Fees. Fees for each drainage permit shall be paid to the
City of Newport Beach. These fees shall be established by Resolution by the City
Council.
When drainage plans are required for a proposed structure, additional fees for
plan checking shall be paid at the time of submitting the application. These fees shall
be established by Resolution by the City Council.
SECTION 18: Section 15.16.060 (D.) of Chapter 15.16 is hereby amended to
read as follows:
15.16.060 Exception Permits Procedure.
A. Application. Application for an exception permit shall be made by the
property owner, or by the lessee if approved by the property owner, in writing on a form
• prescribed by the Planning Commission, and shall be accompanied by a fee as
established by Resolution of the City Council.
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B. Public Hearing. No public hearing need be held on any application;
• provided, that the Planning Commission may establish rules to determine when a
hearing shall be held or may hold a public hearing on any application.
When a public hearing is deemed necessary, notice of such hearing shall be
given by publication 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 notice, 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 three hundred (300) feet from
the exterior boundaries of applicant's property.
C. Conditions for Issuance. In order to grant an exception permit the
Commission must find that granting such permit is necessary to protect a substantial
property right, will not be contrary to the purpose of this chapter as herein set forth, and
will not be materially detrimental to the health, safety, comfort or general welfare of
persons residing in the neighborhood, or detrimental or injurious to property or
improvements in the neighborhood, or to the general welfare of the City.
D. Appeal. In case the applicant, or any other person is not satisfied with the
action of the Planning Commission, he may within fifteen (15) days appeal in writing to
• the City Council and shall be accompanied by a fee as established by Resolution of the
City Council.
The City Council shall set a date for public hearing and give notice as required in
subsection (B). Notice shall be given to the Planning Commission of such appeal and
the Commission shall submit a report to the City Council setting forth the reasons for
the action taken by it, or shall be represented at the hearing.
The City Council shall render its decision within sixty (60) days after the filing of
such appeal. (Ord. 1736 § 1, 1977: Ord. 1274, 1968; Ord. 1204 § 3, 1967: Ord. 960
(part), 1961: 1949 Code § 8501.2)
SECTION 19: Section 15.16.110(A.) of Chapter 15.16 is hereby amended to
read as follows:
15.16.110 Permits.
A. Required. Except as provided in Section 15.16.130, no person shall erect,
re- erect, construct or perform structural alterations on any sign, or paint a new wall sign,
or cause the same to be done, without first obtaining a permit to do so from the Building
Official. Electrical permits must be obtained for all work on electric signs except normal
• maintenance.
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B. Issuance. In accordance with the provisions of and subject to the
• exceptions in Section 3800 of the Labor Code of the State of California as the same
now read or may hereafter be amended, each applicant must show that he possesses
the contractor's license required by the State of California.
C. Expiration. Every permit issued shall expire by limitation and become null
and void if the work authorized by such permit is not commenced within sixty (60) days
from the date of issuance, or if the work authorized by such permit is suspended or
abandoned at any time after work is started for a period of sixty (60) days, or if the work
authorized by such permit is not completed within one hundred and eighty (180) days
from date of issuance of such permit. Before such work may be started or
recommenced a new permit shall be first obtained.
D. Suspension or Revocation. The Building Official may suspend or revoke a
permit issued under provisions of this chapter whenever the permit is issued in error or
on the basis of incorrect information supplied, or in violation of any ordinance or
regulation of any of the provisions of this chapter. If revocation is due to City error, the
permit fee shall be refunded.
E. Maintenance and Repair. The provisions of this section do not require a
permit for normal maintenance and repair of lawful signs, including replacing of tubing
and lamps. (Ord. 1019 (part), 1963: 1949 Code § 8530)
• SECTION 20: Section 15.16.150 of Chapter 15.16 is hereby amended to read
as follows:
15.16.150 Fees.
The permit fee for a sign shall be established by resolution of the City Council.
The determination of sign construction valuation shall be made by the Building Official.
An inspection fee established by Resolution of the City Council shall be charged
for each additional inspections necessary as a result of faulty workmanship or material
or the work not being ready for inspection. Notice of correction of faults or completion of
work shall be given the Building Department and reinspection requested.
Where work for which a permit is required by this chapter is started prior to
applying for and obtaining a permit, the fees above specified shall be doubled, but the
payment of such double fee shall not relieve any persons from fully complying with the
requirements of this chapter in the execution of the work nor from any other penalties
• prescribed. (Ord. 1736 § 2, 1977: Ord. 1019, 1963: 1949 Code § 8534)
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SECTION 21: Section 15.37.020 of Chapter 15.37 is hereby amended to read
• as follows:
15.37.020 Approval in Concept Permit.
A fee shall be established by Resoiution by the City Council for the issuance of
an Approval in Concept Permit. (Ord. 1680 § I (part), 1976: Ord. 1621 § I (part), 1975)
SECTION 22: Section 19.12.040 of Chapter 19.12 is hereby amended to read
as follows:
19.12.040 Subdivisions Containing Less than Five Lots.
A. Filing of Map. Where proposed subdivisions contain four or less lots, all of
which abut upon a dedicated and accepted City street, the subdivider shall file four
copies of a surveyor's map of the subdivision showing the dimensions of the proposed
lots, a fee to be established by resolution of the City Council, and any other information
deemed necessary with the Modifications Committee at least twenty -one (21) days prior
to the meeting thereof at which consideration is desired. Copies of maps of the
proposed subdivision of four or less lots shall be considered as the final map by the
• Modifications Committee.
B. Public Hearing. Within fifty (50) days following the certification of the
environmental impact report, adoption of a negative declaration, or a determination by
the local agency that the project is exempt from the requirements of Division 13 of the
Public Resources Code, a public hearing shall be held by the Modifications Committee.
C. Required Notice. Notice of such hearing shall be given pursuant to
Sections 65090 and 65091 of the California Government Code.
D. Approval. If the Modifications Committee shall determine that the map is
in conformity with the requirements of this title, all ordinances of the City, all applicable
general or specific plans and if it is satisfied with the plan of subdivision, it shall approve
the map and signify its action on the face thereof by appropriate stamp and the
signature of the Committee Chairperson.
E. Recording. If the Modifications Committee approves the subdivision, the
City shall obtain the recordation of the map and shall return the recorded map to the
subdivider.
F. Extension of Time. The time limits for acting on the subdivision map as
• provided for in paragraph (B) hereof may be extended upon mutual consent of the
subdivider and the Modifications Committee. Such time limit extension shall be for a
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period not to exceed ninety (90) days. In the event that the map is not acted upon within
• the ninety (90) day period, the map shall be deemed disapproved.
G. Disapproval. If the Modifications Committee shall determine either that the
map is not in conformity with the requirements of this title and all ordinances of the City,
or that it is not satisfied with the plan of subdivision, it shall disapprove the map
specifying its reason or reasons therefor, and the Chairperson of the Modifications
Committee shall in writing advise the subdivider of such disapproval and of the reason
or reasons for such disapproval. Within fourteen (14) days after the Modifications
Committee has disapproved any map, the subdivider may file with the Modifications
Committee a revised map for the consideration of the Committee. Upon the refiling, the
Modifications Committee shall set a date! for public hearing and give notice in the
manner prescribed in paragraph (C) hereof.
H. Exceptions. The Modifications Committee may authorize exceptions to
any requirements and regulations set forth in this title. Application for any such
exception shall be made at the time of the filing of the map by a certified petition of the
subdivider stating fully the grounds for the exception and the facts relied upon by the
petitioner. In order for the property referred to in the petition to come within the
provisions of this subsection, it shall be necessary that the Modifications Committee
shall find the following facts with respect thereto:
• 1. That there are special circumstances or conditions affecting the property.
2. That the exception is necessary for the preservation and enjoyment of a
substantial property right of the petitioner.
3. That the granting of the exception will not be detrimental to the public
welfare or injurious to other property in the vicinity in which the property is located.
In authorizing such exceptions, the Modifications Committee shall secure
substantially the objectives of the regulation to which the exceptions are granted, as to
light, air and the public health, safety, convenience and general welfare.
I. Action by Committee Final. The action of the Modifications Committee in
approving or disapproving the map shall become final in fourteen (14) days in the
absence of any appeal, or in the absence of review by the Planning Commission or the
City Council, except as provided in subsection (G). No map shall have any force or
effect until the same has been approved by the Modifications Committee and recorded.
J. Appeal. The following procedure will apply for an appeal:
• 1. Appeal to Planning Commission:
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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 Planning Department
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 accompanied by a fee as established by Resolution of the City Council.
C. Date -- Notice. The Planning Department shall set a date for public
hearing and give notice in the same manner as prescribed in subsection (C) hereof.
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.
2. Appeal to City Council:
a. 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.
b. The City Clerk shall set a date for public hearing and give notice in the
same manner prescribed in subsection (C) hereof. The City Clerk shall notify the
appealing party of the date set for the appeal and shall also notify the Planning
Commission if the appeal is from a decision of the Planning Commission. Upon
receiving notice of appeal to the City Council, the Planning 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 considered by the
Planning Commission in reaching a decision.
C. The City Council shall render its decision within sixty (60) days after the
filing of such appeal.
K. 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 tentative parcel map. 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 tentative parcel map. 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 fourteen (14) days
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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 Planning Director. The Planning Director 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 fourteen
(14) days from the date on which the Planning Commission renders its decision. In any
application for a tentative parcel map 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 prescribed in subsection (C) hereof. 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 Planning Director shall
submit a written report of the Planning Commission proceedings together with all maps,
letters, exhibits, and other documentary evidence considered by the Planning
Commission in reaching a decision.
L. Nonspecified Provisions. All of the provisions of Title 20 not specifically
covered by this section, and not otherwise inconsistent herewith, shall apply to all
subdivisions of less than five lots.
• M. Referral to Planning Commission. In the event the Modifications
Committee determines that a tentative parcel map should properly be heard by the
Planning Commission, the Committee 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. (Ord. 95 -29 § 11(1), 1995; Ord. 94-
29 § 8, 1994: Ord. 94 -20 § 2, 1994: Ord. 1737 § 2, 1977; Ord. 1705 § 9, 1977; Ord.
1695 § 5, 1976; Ord. 1671 § 1, 1976: Ord. 1633 § 1, 1975: Ord. 1517 § 2, 1973: Ord.
1273 (part), 1968: Ord. 1012 (part), 1962: Ord. 650 (part), 1951: 1949 Code § 9252.22)
Section 23: That if any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconsti-
tutional.
Section 24: The Mayor shall sign and the City Clerk shall attest to the passage
• of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within fifteen (15) days after its adoption.
15
Ord. 97 -7
• This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 27th day of January , 1997, and
adopted on the lothday of February , 1997, by the following vote, to -wit:
•
AYES, COUNCILMEMBERS O'NEir,, EUPYDS,
TMASON, HMGES, GUMM, NOYES, DEBAY
NOES, COUNCILMEMBERS NONE
ABSENT, COUNCILMEMBERS NONE
MAYOR
ATTEST:
CITY CLERK
16
F: \cat \de bbie\ordinan \clean \fees. doc
•
02 -05 -97
16
•
J
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 97 -7 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th
day of February, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of February, 1997.
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF NEWPORT BEACH )
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -7 has been duly and regularly published according to law and the order
of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper
of general circulation on the following date, to wit: February 18, 1997.
In witness whereof, I have hereunto subscribed my name this 24th day of
February 1997.
City Clerk of the City of
Newport Beach, California