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Home My WebLink About14 - Code Amendment Appeal ProceduresCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 January 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palfordacity. 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: Conduct public hearing; introduce Ordinance No. 2007- approving Code Amendment No. 2006 -008 and pass to second reading on February 13, 2007. 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. Appeal Procedures January 23, 2007 Page 2 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 the next regularly- scheduled City Council meeting. This exception was added in 20D4 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. Plannina Commission Action: The Planning Commission held a public hearing for the proposed amendment on January 4, 2007. The Planning Commission voted unanimously (6 -0) to recommend approval of the code amendment without comment. 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 of this hearing consistent with the upon the agenda for this meeting, website. Prepared by: Patrick J. A ford Senior Planner Attachments: A. Draft ordinance. in the Daily Pilot a minimum of 10 days in advance Municipal Code. Additionally, the item appeared which was posted at City Hall and on the City Submitted by: David Lepo Planning Director ATTACHMENT A .Draft Ordinance w /Exhibit A Page left blank intentionally ORDINANCE 2007- 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). 2 of 2 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 NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS u' •: ATTEST: CITY CLERK 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. 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. T Ai-Anv member of the City Council, ^^ is Gwi; metien and adopted by majedty vote-, 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 Planninq Director or of the Zoning Administrator shall be made in writing to 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. -'1 NOTICE OF PUBLIC HEARING Appeal Procedures (PA2006 -257) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding the following proposal Code Amendment: CA 2006 -008 (Appeal Procedures) An Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise appeal procedures to allow a single City Council Member to appeal decisions of the Zoning Administrator, Planning Director, and Planning Commission. 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). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 23rd day of January 2007, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to, the public hearing. For information call (949) 644 -3200. A L4,-� Lavonne M. Harkless, City Clerk City of Newport Beach 111/17 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County. California. Number A -6214, September 29, 1961, and A -24831 June It, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: JANUARY 13,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on JANUARY 13,2007 at Costa Mesa, California. Signature */I NOiKEOFF'MNE N6 �s::!inadlr4s 2;Sn NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regard- ing the following pro- posal Code Amendment. CA 2006008 (Appeal P r o c a of u r es) An Amendment to Title 20 (Zoning Code) of the Newport Beach Munici- pal Code to revise ap- peal procedures to allow a single City Council Member to appeal decl. sions of the Zoning Ad- ministrator, Planning Di. rector, and Planning Commission. The proposed action is not defined as a project under the California En� vironmenta! Quality Act (CEQA) because it in- volves general policy and procedure - making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 23rd day - of January 2007, at the hour of 7:00 p.m. in the Council Chambers of the California, at which time and place any and all persons Interested may appear and be heard thereon- If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the Public hearing described in this notice or in written cor- respondence delivered to the City at, or prior to, the public hearing. For Information call City of Newport Beach Pubfished Newport Beach /Costa Mesa Daily Pilot January 13. 2007 Sa547