HomeMy WebLinkAboutCity of Newport Beach (PA2004-028)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
April 22, 2004
TO: PLANNING COMMISSION
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
Pa IfordCcOcity. newport- beach. ca. us
SUBJECT: Revisions to Appeal and Call for Review Procedures — Code
Amendment No. 2004 -002 (PA 2004 -028)
ISSUE:
Should the City revise the Call for Review procedures for use permits, variances,
site plan review, and modification permits?
RECOMMENDATION:
Staff recommends the Planning Commission recommend approval of the
proposed amendment to Title 20 of the Municipal Code to the City.Council by
adopting the attached draft resolution.
DISCUSSION:
Introduction:
Decisions of the Planning Director and the Modifications Committee may be
appealed to the Planning Commission, and decisions of the Planning
Commission may be appealed to the City Council by any interested person. In
addition, decisions of the Planning Director and the Modifications Committee may
be called up for review by the Planning Commission or by the City Council and
decisions of the Planning Commission may be called up for review by the City
Council. Presently, any one member of the City Council or Planning Commission
may call an item for review.
On June 24, 2003, the City Council discussed amending the Zoning Code to
require two members to call for the review of a decision. The City Council
initiated the amendment on January 27, 2004.
Appeal /Call for Review Procedures
April 22, 2004
Page 2
The Proposed Amendment:
The stated objective of the proposed amendment is to ensure that decisions are
not subjected to additional review unless there is substantial concern or interest
on the part of the review body.
Calls for Review
The proposed amendment would revise Chapter 20.95 (Appeals and Calls for
Review). The call for review provisions would be deleted. A review of a decision
would be regarded as an appeal. Members of the Planning Commission could
appeal the decisions of the Planning Director and Modifications Committee to the
Planning Commission and members of the City Council could appeal decisions of
the Planning Director, Modifications Committee, and Planning Commission to the
City Council.
Initiation by Two Members
The proposed amendment would also require that an appeal would have to be
initiated by two members of the Planning Commission or the City Council at a
regularly scheduled meeting. Such an action would be deemed as filing an
appeal in writing with either the Planning Director or the City Clerk. Because
appeals must be initiated by two members of the Planning Commission or two
members of the City Council, the action must be taken at a regularly scheduled
meeting in order to avoid potential violations of the Brown Act.
Appeal Period and Effective Date
Under the current regulations, the time limit for filing an appeal or calling for a
review of a decision is 14 days from the date of the decision. There will be times
when the next regular meeting of the Planning Commission or City Council is
scheduled more than 14 days after the date of a decision. For example, in 2005,
there will be four occasions when there will be three weeks between regular
Planning Commission meetings and three weeks between regular City Council
meetings. The cancellation of regular meetings due to holidays or the lack of
business will also result in additional times when a regular meeting of the
Planning Commission or City Council is scheduled after the 14 -day time limit for
filing appeals has expired. In order to avoid such situations, the time limit for
filing appeals would have to be extended to at least of 21 days if the appeal must
be made at a meeting of the appeal body. Consequently, the effect date of the
decision (i.e., a modification permit, use permit, or variance) would have to be
extended to 21 days.
Appeal/Call for Review Procedures
April 22, 2004
Page 3
Extending the appeal period to 21 days would not necessarily insure that the
appeal period would not expire prior to a regularly scheduled meeting. There is
the potential that a cancelled meeting could result in a period between meetings
greater than 21 days. To avoid this possibility, Section 20.95.040 could be
revised to extend the appeal period to the next regularly scheduled meeting of
the Planning Commission or City Council:
Appeals by members of the public, other than members of the Planning
Commission or members of the City Council, shall be initiated within 14
days of the decision. Appeals by members of the Planning Commission or
body, whichever occurs later.
This provision would apply to regularly scheduled meetings of both the Planning
Commission and the City Council. Therefore, the appeal period, and
consequently, the effective date of the approval, could be extended from 14 days
to 21 days or more. Under certain circumstances, an appeal period of more than
30 days is possible.
It should be noted that extending the appeal period and effective date of the
decision is contrary to previous actions intended to reduce the processing time
for development applications. At the recommendation of the Economic
Development Committee, the City reduced the appeal period from 21 days to 14
days in 1994, as part of an effort to streamline the development review process,
and this amendment would eliminate that benefit.
Other Provisions
The proposed amendment includes revisions to a number of sections of Title 20.
to change the effective date of decisions from 14 days to 21 days or to delete
references to calls for review. Also, a new provision has been added that will
require the Planning Director to report discussions to the Planning Commission
and City Council at the next regular meeting or within 5 days of the decision,
whichever occurs first.
Alternative:
The Planning Commission could determine that extending a permit's effective
date has a more adverse affect on the development review process than the
potential for a higher number of appeals that may result from the current single
member initiation process. If so, the Planning Commission could recommend
that the amendment include the terminology changes while maintaining the
single member initiation provision and the current 14 -day appeal period. .
Appeal/Call for Review Procedures
April 22, 2004
Page 4
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 10 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:
Patrick J. Alfo Patricia L. Temple
Senior Planrfer Planning Director
Exhibits:
1. Draft resolution.
2. Proposed revisions (Exhibit A).
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
ADOPTION OF CODE AMENDMENT NO. 2004 -002 (PA
2004 -028)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, on January 27, 2004, the City Council initiated an amendment to
Title 20 of the City of Newport Beach Municipal Code to require two members of the
Planning Commission to call a decision of the Planning Director or Modifications
Committee for review and to require two members of the City Council to call a decision
of the Planning Director, Modifications Committee, or Planning Commission for review;
and
WHEREAS, a public hearing was held on April 22, 2004 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. The proposed amendment is necessary to ensure that decisions are not
subjected to additional review unless there is substantial concern or interest
on the part of the review body.
2. 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. 2004 -002 to revise Chapters 20.42,
20.57, 20.61, 20.62, 20.64, 20.82, 20.86, 20.89, 20.91, 20.92, 20.93, 20.94, 20.95, and
20.96 of Title 20 of the Newport Beach Municipal Code as provided in Exhibit A.
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 2
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF April 2004.
BY:
Earl McDaniel, Chairman
F-OW
Michael Toerge, Secretary
AYES:
NOES:
M
Page 20.95 -1
Appeals and
Gallo- Fec- Reriew
CHAPTER 20.95
APPEALS
Sections:
20.95.010 Purpose and Authorization for Appeal
20.95.020 Rights of Appeal
20.95.030 Appeals of Decisions on Tentative Maps
20.95.040 Time Limits for Appeals and Galls f OF Review
20.95.050 Initiation of Appeals and Galls JbF Review
20.95.060 Procedures for Appeal
20.95.010 Purpose
A-- —.To avoid results that are inconsistent with the purposes of this
code, decisions of the Planning Director and the Modifications Committee
may be appealed to the Planning Commission, and decisions of the Planning
Commission maybe appealed to the City Council.
20.95.020 Rights of Appeal
Appeals may be initiated by any interested party, unless otherwise prescribed in the
individual chapters of this code.
20.95.030 Appeals of Decisions on Tentative Maps
Notwithstanding other provisions of this Chapter, procedures and time limits forappeals of
decisions on tentative tract maps and tentative parcel maps shall be as specified in
Chapter 19.08 of the Subdivision Code.
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CA 2004002
q
Page 20.95 -2
Appealsand
Galls -Fe;- Review
1 20.95.040 Time Limits for Appeals and Calla IFGF Review
A--A; . Appeals shall be initiated within 4-4 21 days of the decision.
20.95.050 Initiation of Appeals and Calla for Review
A. Filing of Appeals. Except for an aooeal authorized by Subsection C. the
Appeals appeal of a decisions of the Planning Directoror of the Modifications
Committee shall be made in writing to the Planning Director. Appeals and
appeals of decisions of the Planning Commission shall be made in writing to
the City Clerk.
B. Fee. Appeals shall be accompanied by a fee as established by resolution of
the City Council.
C.
Exception: No fee shall be required for appeals filed under Section
20.95.050 (C).
Appeals by Elected of Appointed OfficialsSallseFRevisw. Saws feF review
by the Planning GaFAFROssien OF the GItY GebIRGil Fnay be initiated by asy
made.
D. Effect on Decisions. A 9esisiens decision that are is appealed OFSalled up
4 feF�eview-shall not become final and effective until the appeal er Feviom or
Fesehaed; is considered and decided by the Planning Commission or City
Council, as appropriate as pWided OR 586ti9R 29.96.050.
20.95.060 Procedures for Appeals anti Calls feF Review
A. Hearing Date. An appeal or call for review shall be scheduled for a hearing
before the appellate OF F9Vm aooeal body within 30 days of the filing
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CA 2004 -002
M
I
10
F.
Page 20.95-3
Appeals-a"
Call -F9F Review
date the appeal is filed. The hearing may be scheduled more than 30 days
a er of the appeal is filed with the consent of unless both the applicant and
the appellant
An appeal BF Sall fGF review hea *mj shall be
notice of the public hearings shall
be given in the manner required for the decision being appealed- eFrewewec#.
Hearing.
The reviewing body
Commission decision and the City Clerk shall mail a notice of a City Council
decision. Susf,,The notice shall be mailed to the applicant and the appellant
of the decision within 5 working days after the date of the decision to the
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CA 2004 -002
Related Revisions to Title 20
Section 20.42.070:
20.42.070 Rights of Appeal
Appeals of decisions of the Planning Director or Planning Commission
regarding the implementation of this Chapter shall be governed by
Chapter 20.95: Appeals.
Section 20.57.060:
20.57.060 Rights of Appeal
Appeals of decisions of the Planning Director or Planning Commission
regarding the implementation of this Chapter shall be governed by
Chapter 20.95: Appeals.
Section 20.61.040:
20.61.040 Rights of Appeal
A. Appeals. Decisions of the Planning Director may be appealed to the
Planning Commission and decisions of the Planning Commission
may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.62.100:
20.62.100 Rights of Appeal
A. Appeals. Decisions of the Planning Director or the Modifications
Committee may be appealed to the Planning Commission and
decisions of the Planning Commission may be appealed to the City
Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.64.090 (B):
B. The City Council shall have a right to appeal as set forth in Chapter
20.95, as limited above.
EXHIBITA lb
CA 2004 -002
Section 20.82.050 (E):
E. Armeal. The decision of the Planning Director to approve or deny
an application is final, subject to appeal by the Planning
Commission or by the City Council pursuant to Chapter 20.95:
Appeals.
Section 20.82.080:
20.82.080 Rights of Appeal
A. Aaaeals. Decisions of the Planning Director may be appealed to the
Planning Commission and decisions of the Planning Commission may
be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by Chapter
20.95: Appeals.
Section 20.86.090:
20.86.090 Rights of Appeal
A. Armeals. Decisions of the Modifications Committee may be
appealed to the Planning Commission and decisions of the
Planning Commission may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.89.070:
20.89.070 Rights of Appeal
A. Apoeals. Decisions of the Planning Director may be appealed to the
Planning Commission and decisions of the Planning Commission
may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.91.025 (C):
C. Report to the Planning Commission and City Council. The
Planning Director shall report the discussion of the Planning
Commission on a use permit or variance to the City Council at the
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CA 2004 -002 1
next regular meeting or within 5 days of the decision, whichever
occurs first. Upon rendering a decision on a use permit, the
Planning Director shall report to the Planning Commission and the
City Council at the next regular meeting or within 5 days of the
decision, whichever occurs first.
Section 20.91.045:
Use permits and variances shall not become effective for 21 days after being
granted, and in the event an appeal is filed under the provisions of Chapter
20.95, the permit shall not become effective unless and until a decision granting
the use permit or variance is made by the Planning Commission or the City
Council.
Section 20.91.060:
20.91.060 Rights of Appeal
A. Appeals. Decisions of the Planning Director may be appealed to the
Planning Commission and decisions of the Planning Commission
may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
New Section 20.92.060 (D):
D. Report to the City Council. The Planning Director shall report the
discussion of the Planning Commission on a site plan review to the
City Council at the next regular meeting or within 5 days of the
decision, whichever occurs first.
Section 20.92.080:
20.92.080 Rights of Appeal
A. Appeals. Decisions of the Planning Commission may be appealed
to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.93.010:
A Modifications Committee consisting of three members is hereby established for
the purpose of passing upon requests for reasonable use of property not
EXHIBIT
CA 2004 -002 �a
permissible under existing regulations. The Modifications Committee shall have
authority to grant, subject to appeal to the Planning Commission or City Council
under provisions of this code, modifications as provided herein.
Section 20.93.015:
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 modification permits shall be within 21 calendar
days after the date of the Modifications Committee's decision. In the event an
appeal is filed, the modification permit shall not become effective unless and until
a decision is made by the Planning Commission or City Council on such appeal.
Section 20.93.035 (E):
E. Report to the Planning Commission and City Council. The
Planning Director shall report the decision of the Modification
Committee to the Planning Commission and City Council at the
next regular meeting or within 5 days of the decision, whichever
occurs first.
Section 20.93.050:
Modification permits shall not become effective for 21 days after being granted,
and in the event an appeal is filed under the provisions of Chapter 20.95, the
permit shall not become effective unless and until a decision granting the
modification permit is made by the Planning Commission or City Council.
Section 20.93.065:
20.93.065 Rights of Appeal
A. Appeals. Decisions of the Modifications Committee may be
appealed to the Planning Commission and decisions of the
Planning Commission may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.94.040 (C):
C. Denial by the Planning Commission. If the proposed amendment is
disapproved, no further action shall be taken thereon, unless
appealed to the City Council under the provisions of Chapter 20.95:
Appeals.
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CA 2004002
Section 20.96.040 (H):
H. Rights of Appeal. Appeals shall be as prescribed by Chapter
20.95: Appeals.
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CA 2004 -002 \