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HomeMy WebLinkAbout2007-2 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code Relating to Appeal Procedures [Code Amendment No. 2006-008]ORDINANCE NO. 2007 -2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING 'AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO APPEAL PROCEDURES [CODE AMENDMENT NO. 2006- 008) WHEREAS, on November 28, 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, 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; and WHEREAS, 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; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment on January 4, 2007; and WHEREAS, .the. Planning Commission voted unanimously to recommend approval of this code amendment to the City Council; and WHEREAS, 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). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended as provided in Exhibit A. SECTION 2: The Mayor shall sign and the City Clerk 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. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on January 23, 2007, and adopted on the 13th day of February, 2007, by the following vote, to wit: AYES, COUNCIL MEMBERS Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None Exhibit A 20.95.040 Time Limits for Appeals Appeals shall be Initiated within 14 days of the decision. 20.95.050 Initiation of Appeals A. Filing of Appeals. Except for an appeal authorized by Subsection C, the appeal of a decision of the Planning Director or of the Zoning Administrator shall be made in writing to the Planning Director 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. Exception: No fee shall be required for appeals filed under Section 20.95.050 (C). C. Appeals by Elected or Appointed Officials. 1. Planning Commission. Any member of the Planning Commission . may initiate an appeal of a decision of the Zoning Administrator or the Planning Director to the Planning Commission by a written request to the Planning Director and shall specifically state the grounds for, the appeal. .. 2. City Council. Any member of the City Council may initiate an appeal of a decision of the Zoning Administrator, the Planning Director, or the Planning Commission. An appeal of a decision of the Planning Director or of the Zoning Administrator shall be made in writing to, the Planning Director and an appeal of a decision of the Planning Commission shall be made in writing to the City Clerk. In each case, the member of the City Council shall specifically state the grounds for the appeal. D. Effect on Decisions. A, decision that is appealed shall not become final and effective until the appeal. is considered and decided by the Planning Commission or City Council, as appropriate. 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. 2007 -2 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 13th day of February 2007, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of February 2007. (Seal) City Clerk 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. 2007 -2 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 17,2//007. In witness whereof, I have hereunto subscribed my n /e thisoXA day of 146r R`' 2007. 0 l /�Tu"-t let City Clerk City of Newport Beach, California