HomeMy WebLinkAbout2015-9 - Amending Various Sections of the Newport Beach Municipal Code Related to Appeals and Calls for ReviewORDINANCE NO. 2015 -9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF THE NEWPORT BEACH MUNICIPAL CODE
RELATED TO APPEALS AND CALLS FOR REVIEW
WHEREAS, a recent State of California Appellate Court decision suggested that
the City of Newport Beach's ( "City ") Municipal Code may be ambiguous regarding calls
for review by City Council Members acting in their role as City Council Members;
WHEREAS, on February 10, 2015, the City Council initiated an amendment of
the Zoning Code to clarify the process for Planning Commission and City Council calls
for review of decisions and appeals by lower review authorities;
WHEREAS, as part of staffs review of the Zoning Code, staff reviewed the
entirety of the Municipal Code to clarify the call for review process; and
WHEREAS, staff recommends the City Council amend the Municipal Code to
clarify the procedure by which higher bodies call items up for review.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Exhibit "A" in Section 3.36.030 of the Newport Beach Municipal
Code is hereby amended to read as follows:
Exhibit A
The City's cost of providing the following services shall be recovered
through direct fees charged for services in the percentages or dollar
amounts indicated.
Service
Percentage of Cost
or Amount to Be
Recovered from
Direct Fees
Building
Preliminary Plan Review
75%
Planning
Appeals to City Council
50%
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Service
Percentage of Cost
or Amount to Be
Recovered from
Direct Fees
Appeals to Planning
Commission
50%
Recreation and Senior
Services
Adult Sports
Adult Sports
62%
Adult Drop -In Sports
15%
Rentals
50%
Badge Replacement
45%
After School /Camp Programs
Camps
40%
After - School /Teen
Program
20%
Pre - School Program
40%
Aquatics
20%
Contract Classes
60%
Class Refunds
$74 or less
29%
$75 or more
59%
Youth Sports
25%
Ordinance No. 2015 -9
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Service
Percentage of Cost
or Amount to Be
Recovered from
Direct Fees
Special Events — Levels 1, 2,
and 3
Resident
Up to 45%
Nonresident
Up to 85%
Appeal to City Council
25%
Senior Services
Oasis Transportation
5%
Contract Classes
50%
Oasis Rentals
45%
Fitness Center
50 % -
Marine Environment
Services — Marine Preserve
Tours
15%
Library Services
Meeting Room Rentals
1 %
Rentals— Materials
20%
Inter - Library Loan
10%
Fire and Marine
Emergency Operations
Services
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Percentage of Cost
or Amount to Be
Recovered from
Service
Direct Fees
Advanced Life
Up to 80%
Support— Escorted
Advanced Life
Up to 80%
Support—Not Escorted
Basic Life Support—
Up to 80%
Escorted
Basic Life Support—Not
Up to 80%
Escorted
State- Mandated Inspections
Day Care Facilities
25%
Marine
Junior Guards
82,1%
Police
Initial Concealed
Maximum
Weapons Permit
Permitted by Law
Concealed Weapon
Maximum
Permit Renewal
Permitted by Law
Bike Licenses
17%
Subpoena Duces Tecum
Maximum
Permitted by Law
Vehicle Release
91%
Domestic Violence
0%
Reports
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Service
Percentage of Cost
or Amount to Be
Recovered from
Direct Fees
Missing Persons Report
0%
Second Hand /Pawn
Dealer Tag Check
0%
Registrant —Sex
0%
Registrant— Narcotics
D%
Public Works
Engineering
Encroachment Permit
without Traffic Engineer Review
88%
Encroachment Permit
with Traffic Engineer Review
57%
Appeal of Lease /Permit
under Section 17.60:080
$100
Finance
Parking Reviews
0%
Parking Hearings
0 %
Admin, Cite Hearings
0%
Municipal Operations
Construction Water
Meter Establishment
30%
Ordinance No. 2015 -9
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Service
Percentage of Cost
or Amount to Be
Recovered from
Direct Fees
City Council,
Board,
Commission, Committee or
Any Individual Member
Thereof when Acting
within
the Scope of Their'
Official
Duties
Review from a
bower
$�
Body or Official
Section 2: Section 5.12.080 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.12.080 Grounds for Revocation.
Any certificate or permit granted under the provisions of this chapter may
be revoked by the City Manager, either as a whole or as to any person or
vehicle described therein or as to the right to use any distinctive color,
monogram or insignia, for any of the following reasons:
A. That the document required by Section 5.12.070 has not been filed or
has been withdrawn or lapsed or is not in force for any reason.
B. For the nonpayment of any City business license or other fees
provided by this title.
C. For the breach of any rules, regulations or conditions set out in this
Code or the certificate.
D. For the violation of any of the laws of the State of California or the
City with respect to the operation of the business by any certificate holder,
or repeated violations by operators or drivers of any vehicle covered by
such certificate.
E. For failure to maintain satisfactory service to the public, or for failure
to keep any such vehicle in a safe and sanitary condition and good repair,
or for failure to use the distinctive coloring, monogram or insignia
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described in the application, or for deviation from the schedule or rates
and fares set forth in the application.
F. For any cause which the City Council finds makes it contrary to the
public health, interest, convenience, necessity or general welfare for the
certificate or permit to be continued.
In any such case, the certificate or permit holder shall have the right to
appeal to the City Council or a member of the City Council may call an
item for review in a time and manner set forth in this section.
When the City Manager concludes that the grounds for revocation of a
certificate or permit exists, the City Manager shall serve the certificate or
permit holder, either personally or by certified mail addressed to the
business address of the certificate or permit holder, with a notice of
revocation of the certificate or permit. The notice shall state the reasons
for the revocation, the effective date of revocation if no appeal is filed by
the certificate or permit holder, and the right of the certificate or permit
holder to appeal to the City Council and the decision to revoke the
certificate or permit.
If an applicant is aggrieved by any action of the City Manager in revoking
any certificate or permit under this chapter, such applicant may appeal to
the City Council by filing with the City Clerk a statement addressed to the
City Council setting forth the facts and circumstances regarding the action
of the City Manager. A member of the City Council, in their official
capacity, may call for review any action of the City Manager under this
chapter for the purpose of bringing the matter in front of the entire body for
review. A call for review shall be filed with the City Clerk on a form
provided by the Clerk. The City Clerk shall notify the applicant in writing of
the time and place set forth the hearing on his or her appeal or a call for
review.
The right to appeal to the City Council or file a call for review from the
revocation of any certificate or permit required by this chapter shall
terminate upon the expiration of fifteen (15) days following the deposit of a
certified letter in the United States Post Office advising the applicant of the
action of the City Manager and of his or her right to appeal such action to
the Citv Council.
The City Council of the City of Newport Beach may preside over the
revocation hearing or, in the alternative, appoint a hearing officer to
conduct the hearing, receive relevant evidence and to submit to the City
Council findings and recommendations to be considered by the City
Council of the City of Newport Beach. The City Council shall preside over
call for review hearings. The City Council of the City of Newport Beach
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shall render its decision within forty -five (45) days from the date of the
hearing or, in the event that a hearing officer has been appointed within
forty -five (45) days on which the City Council receives the findings and
recommendations of the hearing officer. The decision of the City Council
shall be final.
Section 3: Section 5.14.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.14.070 Termination or Suspension of Agreement.
A. The City Manager may terminate or suspend the agreement on one
or more of the following grounds:
1. The certificate holder has not filed adequate evidence of insurance
coverage with the City Clerk, or has allowed its insurance coverage to
lapse or be canceled; or
2. The violation of any rule, regulation or condition set forth in or
authorized by this chapter; or made a condition of the agreement; or
3. The violation of any laws of the State of California, County of Orange,
or City with respect to the operation of the business by the contractor, or
repeated violations by employees of the contractor; or
4. Failure to maintain satisfactory service to the public, or for failure to
keep any ambulance in a safe and sanitary and fully operational condition,
or for deviation from the schedule of rates approved by the City Council; or
5. The lapse or loss of any license, permit or other approval necessary
to the services provided pursuant to the agreement; or
6. Unethical conduct or malpractice by contractor or its employees as
determined either by a court of competent jurisdiction or by such review
processes as are, or may be established by Chapter 5.14 of the Newport
Beach Municipal Code; or
7. The breach by contractor of any provision of the agreement.
In any such case, the certificate holder shall have the right to appeal to the
City Council or a member of the City Council may call an item for review in
the time and manner set forth in this section.
B. When the City Manager concludes that grounds for termination or
suspension exist, the City Manager shall serve the contractor, either
personally or by certified mail addressed to the business address of the
contractor, with a notice of intent to terminate or suspend the agreement.
This notice shall state the reasons for the proposed termination or
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suspension, the right to appeal and effective date of the termination or
suspension, if no appeal is filed by contractor. A member of the City
Council, in their official capacity, may call for review any action of the City
Manager under this chapter for the purpose of bringing the matter in front
of the entire body for review. A call for review shall be filed with the City
Clerk on a form provided by the Clerk. The right to appeal to the City
Council or call an item for review shall terminate upon the expiration of
fifteen (15) days following the personal service or deposit of the notice of
intent to terminate or suspend the agreement in the United States mail,
whichever shall occur first.
The City Council may preside over the hearing on appeal, or, in the
alternative, appoint a hearing officer to conduct the hearing, receive
relevant evidence and to submit to the City Council findings and
recommendations to be considered by the City Council. The City Council
shall preside over a call for review hearing. The City Council shall render
its decision within forty-five (45) days from the hearing or the date on
which the City Council receives the findings and recommendations of the
hearing officer. The decision of the City Council shall be final.
Section 4: Subsection 5.20.050(H) of the Newport Beach Municipal Code is
hereby amended to read as follows:
H. Appeal or Call for Review. Any person aggrieved by the action of the
Chief of Police or the City Manager in the denial of an application for
permit or renewal of permit as provided heretofore, shall have the right of
appeal to the City Council of the City of Newport Beach. Such appeal shall
be taken by filing with the City Council within fourteen (14) days after
notice of the action complained of has been mailed to such person's last
known address, a written statement setting forth fully the grounds for
appeal. A member of the City Council, in their official capacity, may call for
review any action of the Chief of Police or the City Manager in the denial
of an application for permit or renewal of permit for the purpose of bringing
the matter in front of the entire body for review. A call for review shall be
filed with the City Clerk on a form provided by the Clerk, within fourteen
(14) days after notice of the action of the Chief of Police or the City
Manager has been mailed to such person's last known address. The City
Council shall set a time and place for a hearing of such appeal or call for
review and notice of such hearing shall be given to the appellant, if any, in
the same manner as provided in subsection (G) of this section for notice of
hearing on revocation. The decision of the City Council on such appeal or
call for review shall be final and conclusive.
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Section 5: Section 5.28.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.28.070 Appeals and Calls for Review.
A. If an applicant is aggrieved by any action or failure to act upon the
part of the City Manager in issuing, failing to issue, suspending or revoking
any permit under this chapter, such applicant may appeal to the City
Council by filing with the City Clerk a statement addressed to the City
Council setting forth the facts and circumstances regarding the action or
failure to act on part of the City Manager. A member of the City Council, in
their official capacity, may call for review any action on a permit by the City
Manager under this chapter for the purpose of bringing the matter in front
of the entire body for review. A call for review shall be filed with the City
Clerk on a form provided by the Clerk. The City Clerk shall notify the
applicant in writing of the time and place set for the hearing on his or her
appeal or call for review.
B. The right to appeal to the City Council from the denial, suspension or
revocation of any permit, or a call for review regarding the same, required
by this chapter shall terminate upon the expiration of fifteen (15) days
following the deposit of a certified letter in the United States Post Office
advising the applicant of the action of the City Manager and of his or her
right to appeal such action to the City Council.
C. The hearing shall be held within twenty (20) days of the receipt by
City Clerk of the appeal or call for review, or at the next regularly
scheduled Council meeting, whichever is sooner.
D. The City Council of the City of Newport Beach may preside over the
hearing on appeal or, in the alternative, appoint a hearing officer to
conduct the hearing, receive relevant evidence and to submit to the City
Council findings and recommendations to be considered by the City
Council of the City of Newport Beach. The City Council shall preside over
a call for review hearing. The City Council of the City of Newport Beach
shall render its decision within five (5) days from the date of the hearing
or, in the event that a hearing officer has been appointed, within five (5)
days on which the City Council receives the findings and
recommendations of the hearing officer. The decision of the City Council
shall be final.
Section 6: Section 5.32.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
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5.32.070 Appeals and Calls for Review.
If an applicant is aggrieved by any action or failure to act upon the part of
the City Manager in issuing, failing to issue, suspending or revoking any
permit under this chapter, such applicant may appeal to the City Council
by filing with the City Clerk a statement addressed to the City Council
setting forth the facts and circumstances regarding the action or failure to
act on the part of the City Manager. A member of the City Council, in their
official capacity, may call for review any action of the City Manager under
this chapter for the purpose of bringing the matter in front of the entire
body for review. A call for review is exempt from the payment of a fee and
shall be filed with the City Clerk on a form provided by the Clerk. The City
Clerk shall notify the applicant in writing by registered mail of the time and
place set for hearing his appeal or a call for review. The City Council at its
next regular meeting held not less than five (5) days from the date on
which such appeal or call for review shall have been filed with the City
Clerk shall hear the applicant, the City Manager, and all relevant evidence.
The City Council may sustain, overrule or modify the action of the City
Manager, and the decision of the City Council shall be final.
The right to appeal to the City Council from the denial, suspension or
revocation of any permit required by this chapter or call an item for review
shall terminate upon the expiration of fifteen (15) days following the
deposit of a registered letter in the United States Post Office advising the
applicant of the action of the City Manager and of his right to appeal such
action to the City Council.
Section 7: Section 5.46.060 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.46.060 Appeal or Call for Review.
A. Decision of Film Liaison. Any person aggrieved by the decision of the
Film Liaison shall have the right to appeal the approval or disapproval of
the application to the City Manager within five (5) calendar days after
notice of the decision of the Film Liaison is mailed. The City Manager shall
review the application de novo and shall render a decision within fourteen
(14) days.
B. Decision of City Manager. Any person aggrieved by the City
Manager's decision shall have the right to appeal the approval or
disapproval of the application to the City Council within five (5) calendar
days after notice of the decision is mailed. The City Council shall review
the application de novo and act upon the appeal within sixty (60) days
after the filing thereof.
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C. Call for Review. A member of the City Council, in their official
capacity, may call for review any action of the Film Liaison or City
Manager under this chapter for the purpose of bringing the matter in front
of the entire body for review. A call for review shall be filed with the City
Clerk, on a form provided by the Clerk, within five (5) calendar days after
notice of the decision is mailed. The City Council shall review the
application de novo and act upon the call for review within sixty (60) days
after the filing thereof.
Section 8: Reserved.
Section 9: Section 5.70.055 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.70.055 Appeals and Calls for Review.
The City Council shall have the power to hear and decide appeals based
upon the enforcement or interpretation of the provisions of this chapter.
Any permittee or owner who is aggrieved by any decision of the City
Manager may appeal that decision by submitting a written notice of appeal
to the City Clerk within twenty -one (21) days of the date on which notice of
the decision was mailed. A member of the City Council, in their official
capacity, may call for review any action of the City Manager under this
chapter for the purpose of bringing the matter in front of the entire body for
review. A call for review shall be filed with the City Clerk, on a form
provided by the Clerk, within twenty -one (21) days of the date on which
the notice of the decision was mailed. The City Council may preside over
the hearing on appeal or may designate a hearing officer to take evidence
and submit a proposed decision together with findings, within fifteen (15)
days from the date of the hearing. The City Council shall preside over the
hearing for a call for review. The City Council shall, within thirty (30) days
from the date of the hearing, render its decision on the appeal or call for
review, together with findings. The decision of the City Council shall be
final.
Section 10: Section 5.80.050 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.80.050 Revocation or Denial of License.
The City Manager may refuse to issue or to renew a license or may
revoke or suspend an existing license on any of the following grounds:
1. The applicant or license holder has failed to comply with any of the
provisions of the California Penal Code.
Ordinance No. 2015 -9
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2. The applicant or license holder has failed to comply with applicable
provisions of the Newport Beach Municipal Code.
3. The applicant or license holder has failed to comply with applicable
Federal firearms laws and regulations.
4. The applicant or license holder has made a material false, misleading,
or fraudulent statement of fact to the City in the permit application process.
In any such case, the applicant or license holder shall have the right to
appeal to the City Council or a member of the City Council may call an
item for review in the time and manner set forth in this section.
When the City Manager concludes that grounds for suspension or
revocation or refusal to renew a license exists, the City Manager shall
serve the applicant or license holder, either personally or by certified mail
addressed to the business address of the applicant or license holder, with
a notice of intent to suspend or revoke or refuse to renew the license. This
notice shall state the reasons for the proposed suspension, revocation, or
refusal to renew, the effective date or if no appeal is filed by applicant or
license holder, and the right of the applicant or license holder to appeal to
the City Council and the decision of the City Manager to suspend, revoke
or refuse to renew the license. A member of the City Council, in their
official capacity, may call for review any action of the City Manager under
this chapter for the purpose of bringing the matter in front of the entire
body for review. A call for review shall be filed with the City Clerk on a
form provided by the Clerk. The right to appeal to the City Council or call
an item for review shall terminate upon the expiration of fifteen (15) days
following the personal service or deposit of the notice of intent to suspend
or revoke or refuse to renew the license in the United States Mail,
whichever shall occur first.
The City Council of the City of Newport Beach may preside over the
hearing on appeal or, in the alternative, appoint a hearing officer to
conduct the hearing, receive relevant evidence and to submit to the City
Council findings and recommendations to be considered by the City
Council of the City of Newport Beach. The City Council shall preside over
a hearing for a call for review. The City Council shall render its decision
within forty -five (45) days from the date of the hearing or, in the event that
a hearing officer has been appointed, within forty -five (45) days from the
date on which the City Council receives the findings and
recommendations of the hearing officer. The decision of the City Council
shall be final.
Section 11: Section 5.90.090 of the Newport Beach Municipal Code is hereby
amended to read as follows:
Ordinance No. 2015 -9
Page 14 of 30
5.90.090 Suspension, Revocation, Denial, Appeal, and Call for
Review.
The City Manager may refuse to renew a permit or may revoke or
suspend an existing permit on the grounds that the applicant or permit
holder has failed to comply with the permit conditions or other
requirements of this chapter. No suspended permit may be renewed. If a
suspended permit lapses during the suspension period, a new application
must be made at the end of the suspension period. In any such case, the
applicant or permit holder shall have the right to appeal to the City Council
or a member of the City Council may call an item for review in the time
and manner set forth in this section.
When the City Manager concludes that grounds for suspension,
revocation or refusal to renew a permit exist, the City Manager shall serve
the applicant or permit holder, either personally or by certified mail
addressed to the business address of applicant or permit holder, with a
notice of intent to suspend, revoke or refuse to renew permit. This notice
shall state the reasons for the proposed revocation, the effective date of
the revocation if no appeal is filed by applicant or permit holder, and the
right of the applicant or permit holder to appeal to the City Council and the
decision of the City Manager to suspend, revoke or refuse to renew the
permit. A member of the City Council, in their official capacity, may call for
review any action of the City Manager under this chapter for the purpose
of bringing the matter in front of the entire body for review. A call for
review shall be filed with the City Clerk on a form provided by the Clerk.
The right to appeal to the City Council or call an item for review shall
terminate upon the expiration of fifteen (15) days following the personal
service or deposit of the notice of intent to suspend, revoke, or refuse to
renew permit in the United States Mail, whichever shall occur first.
The City Council of the City of Newport Beach may preside over the
hearing on appeal or, in the alternative, appoint a hearing officer to
conduct the hearing, receive relevant evidence and to submit to the City
Council findings and recommendations to be considered by the City
Council of the City of Newport Beach. The City Council shall preside over
a hearing for a call for review. The City Council shall render its decision
within forty -five (45) days from the date of the hearing or, in the event that
a hearing officer has been appointed, within forty -five (45) days from the
date on which the City Council receives the findings and
recommendations of the hearing officer. The decision of the City Council
shall be final.
Section 12: Subsection 5.96.045(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
Ordinance No. 2015 -9
Page 15 of 30
D. Appeal or Call for Review. Any person aggrieved by a decision to
revoke a permit under this chapter may file an appeal with the City Clerk
within ten (10) days of the decision. The request for the appeal shall state
the grounds upon which the appeal is based. A member of the City
Council, in their official capacity, may call for review any decision to
revoke a permit under this chapter for the purpose of bringing the matter in
front of the entire body for review. A call for review is exempt from the
payment of a fee and shall be filed with the City Clerk on a form provided
by the Clerk. Upon receipt, the City Clerk shall schedule an appeal or call
for review hearing before the City Council or an appointed hearing officer
and shall provide written notice of the time, date and location of the
hearing to the applicant. The City Council shall hear all calls for review.
The hearing shall be held no later than forty -five (45) days from the date
the request for the appeal or call for review is received by the City Clerk.
The City Council shall determine whether grounds for revocation of the
adult- oriented business permit exists and shall render their decision at the
conclusion of the hearing or upon recommendation of the hearing unless
the applicant otherwise consents to a continuance.
Section 13: Section 7.08.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
7.08.070 Appeals and Calls for Review.
If any person is aggrieved by any action of the City Manager taken
pursuant to this chapter, such person may appeal to the City Council by
filing with the City Clerk a statement addressed to the City Council setting
forth the facts and circumstances regarding the action or failure to act on
the part of the City Manager. A member of the City Council, in their official
capacity, may call for review any action of the City Manager under this
chapter for the purpose of bringing the matter in front of the entire body for
review. A call for review is exempt from the payment of a fee and shall be
filed with the City Clerk on a form provided by the Clerk. The City Clerk
shall notify the applicant in writing by registered mail of the time and place
set for hearing his appeal or a call for review. The City Council at its next
regular meeting held not less than five (5) days from the date on which
such appeal or call for review shall have been filed with the City Clerk,
shall hold a hearing. The City Council may sustain, overrule or modify the
action of the City Manager and its decision shall be final.
The right to appeal to the City Council from any action or decision of the
City Manager or the right to file a call for review under this chapter shall
terminate upon the expiration of fifteen (15) days following the giving of
notice to the applicant advising him or her of the action of the City
Manager.
Ordinance No. 2015 -9
Page 16 of 30
Section 14: Section 10.50.080 of the Newport Beach Municipal Code is hereby
amended to read as follows:
10.50.080 Appeal and Call for Review.
A. The decision of the City Manager may be appealed to the Appeals
Board by the owner or any person owning property within three hundred
(300) feet of the property that was the subject of the hearing or may be
called for review by a member of the City Council. The appeal or call for
review must be filed with the City Clerk no more than ten (10) days after
the date of the posting and service of the order and the appeal must be
accompanied by the fee established by resolution. A call for review by a
member of the City Council is exempt from the payment of a fee. The
order of abatement shall be suspended pending action of the Appeals
Board if an appeal or call for review is filed. B. The notice of appeal shall
specify:
1. A description of the property;
2. The proceedings that are the subject of the appeal;
3. The standing of the appellant;
4. A statement of disputed and undisputed facts;
5. A statement specifying the portion of the abatement proceedings
being appealed together with any evidentiary or supporting materials that
would support the appeal; and
6. A verification of the truth of all matters asserted in the appeal.
C. A call for review initiated by a member of the City Council, in their
official capacity, shall be for the purpose of bringing the matter in front of
the entire body for review.
D. Assuming the timely filing of a notice of a proper appeal or call for
review, the City Clerk shall place the appeal or call for review on the
agenda of a regular meeting of the City Council scheduled to be held
within thirty (30) days after the appeal or call for review is filed. The City
Clerk shall provide written notice of the appeal or call for review, including
the time, place and date of the hearing on the appeal or call for review, to
the appellant, if any, and any other person to whom notice of the City
Manager's order was sent. The notice shall be sent in the same manner
as notice of hearing. The Appeals Board may limit the issues on appeal to
those raised in the notice of appeal. A call for review is de novo. The
Appeals Board shall declare its findings by resolution and in the event a
nuisance is declared, uphold or modify the order of the Hearing Officer
Ordinance No. 2015 -9
Page 17 of 30
and order the owner to abate the nuisance. A copy of the resolution shall
be posted on the property and sent to all persons to whom, and in the
same manner, notice of the City Manager's order was sent and to all
persons who have, in writing, requested notice at or before the hearing on
the appeal or call for review.
Section 15: Subsection 11.03.060(H) of the Newport Beach Municipal Code is
hereby amended to read as follows:
H. Appeals or Calls for Review of City Manager Decision. The City
Manager's decision under subsection F or G above shall be rendered
within ten days of his or her consideration of the appeal or special review.
The City Manager shall approve the application unless he or she makes
one or more of the findings for denial set out in subsection 4 of Section
11.03.060(E), in which case the City Manager may deny the application. In
approving a special event permit, the City Manager may impose
conditions of approval, as set out in subsection 5 of Section 11.03.060(E).
The City Clerk shall notify the Applicant in writing within five days of the
City Manager's decision. The City Manager's decision on an appeal under
subsection F above for all Level 2 permits shall be final. The City
Manager's decision under subsection G above, and on all Level 3 permits
may be appealed or called for review pursuant to Section 11.03.100.
Section 16: Section 11.03.100 of the Newport Beach Municipal Code is hereby
amended to read as follows:
11.03.100 Appeals and Calls for Review.
If an applicant is aggrieved by any decision of the City Manager under this
chapter, the applicant may appeal to the City Council by filing with the City
Clerk a statement addressed to the City Council setting forth the facts and
circumstances regarding the City Manager's decision and the basis for the
appeal. The appeal shall be accompanied by a fee as established by
resolution of the City Council. A member of the City Council, in their official
capacity, may call for review any action of the City Manager under this
chapter for the purpose of bringing the matter in front of the entire body for
review. A call for review is exempt from the payment of a fee and shall be
filed with the City Clerk on a form provided by the Clerk. The City Clerk
shall provide written notification of the time and place set for hearing the
appeal or call for review. The City Council at its next regular meeting held
not less than ten (10) days from the date on which the appeal or call for
review was filed with the City Clerk, shall hear the appeal or call for review
and all relevant evidence. The City Council may sustain, overrule or
modify the action of the City Manager, and decision of the City Council
shall be final.
Ordinance No. 2015 -9
Page 18 of 30
The right to appeal or call an item for review shall terminate upon the
expiration of ten (10) days following personal delivery to the applicant or
the deposit of a letter in the United States mail advising the applicant of
the action of the City Manager.
Section 17: Section 12.62.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.62.040 Appeal and Call for Review.
If an applicant is aggrieved by any action or failure to act upon the part of
the City Manager in issuing, falling to issue, suspending or revoking any
permit under this chapter, such applicant may appeal to the City Council
by filing with the City Clerk a statement addressed to the City Council
setting forth the facts and circumstances regarding the action or failure to
act on the part of the City Manager. A member of the City Council, in their
official capacity, may call for review any action of the City Manager in
issuing, failing to issue, suspending, or revoking any permit under this
chapter for the purpose of bringing the matter in front of the entire body for
review. A call for review shall be filed with the City Clerk on a form
provided by the Clerk. The City Clerk shall notify the applicant in writing
by certified mail of the time and place set for hearing his appeal or call for
review. The City Council at its next regular meeting held not less than five
(5) days from the date on which such appeal or call for review shall have
been filed with the City Clerk shall hear the applicant, the City Manager,
and all relevant evidence. The City Council may sustain, overrule or
modify the action of the City Manager, and the decision of the City Council
shall be final.
The right to appeal or call an item for review regarding the denial,
suspension or revocation of any permit required by this chapter shall
terminate upon the expiration of fifteen (15) days following the deposit of a
certified letter in the United States Post Office advising the applicant of the
action of the City Manager and of his right to appeal such action to the
City Council.
Section 18: Section 12.64.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.64.070 Appeal or Call for Review.
Any person whose application for a permit is denied or revoked may
appeal such decision to the City Council by filing a written notice of appeal
with the City Clerk within ten (10) days after notification by the Chief of
Police that said permit has been denied. A member of the City Council, in
their official capacity, may call for review any decision of the Chief of
Police under this chapter by filing written notice with the City Clerk within
Ordinance No. 2015 -9
Page 19 of 30
ten (10) days after the Chief of Police's decision. A call for review shall be
for the purpose of bringing the matter in front of the entire body for review.
The City Council shall thereupon conduct a hearing on said appeal or call
for review within thirty (30) days from the date of filing said notice of
appeal or call for review with the City Clerk. The decision of the City
Council shall be final and conclusive upon all persons concerned.
Section 19: Section 13.01.080 of the Newport Beach Municipal Code is hereby
amended to read as follows:
13.01.080 Appeal or Call for Review.
Any applicant aggrieved by a decision of the Public Works Director shall
have the right to appeal the decision to the City Council by filing written
notice of appeal, the appeal must be filed with the City Clerk within ten
(10) days from the date on which notice of the decision is deposited in the
U.S. Mail, postage prepaid and addressed to the parties as provided on
the application for permit. A member of the City Council, in their official
capacity, may call for review any decision of the Public Works Director
under this chapter by filing written notice with the City Clerk within ten (10)
days from the date on which notice of the decision is deposited in the U.S.
Mail, postage prepaid and addressed to the parties as provided on the
application for permit. A call for review shall be for the purpose of bringing
the matter in front of the entire body for review. The City Council shall,
within thirty (30) days from the date on which an appeal is received or a
call for review is filed, schedule a hearing on the appeal or call for review
within a reasonable period of time. The City Council may preside over the
hearing on appeal, or may designate a hearing officer to take evidence
and submit a proposed decision, together with findings, to the City Council
within fifteen (15) days from the date of the hearing. The City Council shall
hear all decisions called for review. The City Council shall render its
decision within thirty (30) days from the date of the hearing, and the
decision of the City Council shall be final.
Section 20: Section 13.05.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
13.05.040 Appeal and Call for Review.
If any person is aggrieved by any decision of the City Manager in acting
upon an application for waiver, he may take an appeal to the City Council
by filing a written statement setting forth the grounds of appeal with the
City Clerk. A member of the City Council, in their official capacity, may call
for review any decision of the City Manager in acting upon an application
for a waiver for the purpose of bringing the matter in front of the entire
body for review. A call for review shall be filed with the City Clerk on a
Ordinance No. 2015 -9
Page 20 of 30
form provided by the Clerk. The City Clerk shall notify the applicant of the
time and place set for the hearing by registered mail.
The right to appeal or call for review a decision of the City Manager shall
terminate upon the expiration of fifteen (15) days following the deposit of a
registered letter in the United States Mail advising the applicant of the
action of the City Manager and of his right to appeal such action to the
City Council.
Section 21: Section 13.06.060 of the Newport Beach Municipal Code is hereby
amended to read as follows:
13.06.060 Closure as Condition of Building Department Approval.
No final approval or certificate of occupancy shall be given by the
Community Development Department for the completion of any work
involving the construction, alteration, enlargement or demolition of any
building on any lot or parcel of property until all curb cuts and driveway
approaches, which the Public Works Director has determined are no
longer needed or used for reasonable vehicular access to said property,
are altered or removed in accordance with the determination of the Public
Works Director and the City's Standard Plans and Specifications for Public
Works. The foregoing requirement may be satisfied by a written
agreement to do any such work, executed by the property owner or lessee
and the Public Works Director, and secured by a bond, letter of credit or
other security, approved by the City Attorney. Any decision of the Public
Works Director made pursuant to this section may be appealed to the City
Council or called for review.
Section 22: Section 13.06.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
13.06.070 Right of Appeal and Call for Review.
Any person who objects to or disagrees with any decision of the Public
Works Director which is made pursuant to this chapter shall have the right
to appeal to the City Council by filing written notice of appeal with the City
Clerk within thirty (30) days after receiving notice of the decision of the
Public Works Director. A member of the City Council, in their official
capacity, may call for review any decision of the Public Works Director
which is made pursuant to this chapter by filing written notice of appeal
with the City Clerk within thirty (30) days after the decision of the Public
Works Director. A call for review shall be for the purpose of bringing the
matter in front of the entire body for review. Upon receiving such a notice
of appeal or call for review, the City Clerk shall set the appeal or call for
review for hearing by the City Council at a meeting not more than thirty
(30) days thereafter, and shall advise the appellant, if any, of the date,
Ordinance No. 2015 -9
Page 21 of 30
time and place on which the appeal or call for review will be heard at least
ten (10) days prior to such date. On the date of the hearing, the City
Council shall proceed to hear and pass upon the appeal or call for review,
and its decision thereon shall be final and conclusive. The City Clerk shall
notify the property owner by mail of the decision of the City Council.
Section 23: Section 13.07.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
13.07.040 Performance of Work by City.
Unless the work required by such notice to replace shall be commenced
by the owner within sixty (60) days after mailing said notice, and shall be
diligently prosecuted to completion, or in case of an appeal to the City
Council or call for review within thirty (30) days from the date of its
decision on the appeal or call for review, unless such appeal or call for
review shall be resolved in favor of the property owner, the Public Works
Director shall cause said work to be done, in which case the cost and
expense thereof will be assessed against the property benefitted and
become a lien upon such property. However, if upon appeal to the City
Council or call for review, the work required to be done by the notice to
replace is modified, the Public Works Director shall be governed by such
modification in performing the work.
Section 24: Section 13.07.070 of the Newport Beach Municipal Code is hereby
amended to read as follows:
13.07.070 Right of Appeal and Call for Review.
Any property owner who objects to or disagrees with any determination of
the Public Works Director rendered pursuant to Section 13.07.010 of this
chapter shall have the right to appeal to the City Council within fifteen (15)
days from the date of mailing of the notice to replace by the Public Works
Director by filing a written notice of appeal with the City Clerk. A member
of the City Council, in their official capacity, may call for review any
determination of the Public Works Director rendered pursuant to Section
13.07.010 of this chapter within fifteen (15) days from the date of the
mailing of the notice to replace by the Public Works Director by filing a
written notice with the City Clerk. The call for review shall be for the
purpose of bringing the matter in front of the entire body for review. Upon
receiving such notice of appeal or call for review, the City Clerk shall set
the appeal or call for review for hearing by the City Council at a meeting
not more than thirty (30) days thereafter and shall advise the appellant, if
any, of the date, time and place on which the appeal or call for review will
be heard, at least ten (10) days prior to such date. On the date of the
hearing, the City Council shall proceed to hear and pass upon the appeal
or call for review, and its decision thereon shall be final and conclusive.
Ordinance No. 2015 -9
Page 22 of 30
The City Clerk shall notify the property owner of the decision of the City
Council in the same manner as provided in Section 13.07.050 of this
chapter.
Section 25: Subsection 15.16.060(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Appeal or Call for Review. 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. A
member of the City Council, in their official capacity, may call for review
any action of the Planning Commission within fifteen (15) days from the
Planning Commission's action by filing a written notice with the City Clerk.
The call for review shall be for the purpose of bringing the matter in front
of the entire body for review and shall be exempt from the payment of a
fee.
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 or call for review 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 or call for review.
Section 26: Subsection 15.32.015(E) of the Newport Beach Municipal Code is
hereby amended to read as follows:
E. Right of Appeal or Call for Review. Any person dissatisfied with the
decision of the Building Official may file a written statement, listing the
reasons for the appeal with the City Council. A member of the City
Council, in their official capacity, may call for review any decision of the
Building Official for the purpose of bringing the matter in front of the entire
body for review. Said appeal or call for review shall be filed with the City
Clerk within fifteen (15) days after the decision of the Building Official is
deposited in the mail. The City Council may overrule, modify or affirm the
decision of the Building Official.
Section 27: Subsection 15.45.080(F) of the Newport Beach Municipal Code is
hereby amended to read as follows:
F. Any interested party may appeal the Zoning Administrator's
determination under subsection (C) of this section to the City Council by
filing an appeal with the City Clerk, on forms provided by the Clerk, within
fourteen (14) days following the date the determination was rendered. An
Ordinance No. 2015 -9
Page 23 of 30
appeal shall be accompanied by the filing fee identified in the City's
master fee schedule. A member of the City Council, in their official
capacity, may call for review the Zoning Administrator's determination
under subsection (C) of this section for the purpose of bringing the matter
in front of the entire body for review. A call for review is exempt from the
payment of a fee and shall be filed with the City Clerk, within fourteen (14)
days following the date the determination was rendered, on a form
provided by the Clerk. The determination from which an appeal or call for
review has been made has no force of effect as of the date on which the
appeal or call for review is filed. When an appeal or call for review has
been filed, the Community Development Director shall refer the periodic
review to the City Council, for de novo review, in accordance with
subsection (D) of this section.
Section 28: Subsection 15.50.180(E) of the Newport Beach Municipal Code is
hereby amended to read as follows:
E. Those aggrieved by the decision of the Building and Fire Board of
Appeals may appeal such decision to the City Council as provided in Title
20. A member of the City Council may call for review any decision of the
Building and Fire Board of Appeals under this chapter as provided in Title
20.
Section 29: Section 17.40.160 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.40.160 Appeal or Call for Review.
Appeals or calls for review to this chapter shall be made in accordance
with Chapter 17.65.
Section 30: Subsection 17.50.030(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Before issuing a permit for any work on oceanfront beaches or for
any unusual type of harbor structure, or for a structure on which the
applicant proposes a use that is not in keeping with the surrounding area,
all property owners or long -term lessees within three hundred (300) feet of
the proposed work shall be notified in writing by the Harbor Resources
Division of the pending application. Notice will be sent ten (10) days prior
to a decision by the Harbor Resources Division, and after the department
has rendered a decision. The permit shall not be issued until the appeal or
call for review period provided in Chapter 17.65 expires.
Section 31: Section 17.50.110 of the Newport Beach Municipal Code is hereby
amended to read as follows:
Ordinance No. 2015 -9
Page 24 of 30
17.50.110 Appeal or Call for Review.
Appeals or calls for review to this chapter shall be made in accordance
with Chapter 17.65.
Section 32: Section 17.65.010 of the Newport Beach Municipal Code is hereby
amended to read as follows:
Section 17.65.010 Authorization.
A. Decisions of the Harbor Resources Manager resulting from the Manager's
administration of this Code may be appealed to the Harbor Commission by any
interested person.
B Decisions of the Harbor Commission may be appealed to the City Council
by any interested person.
C. A member of the Harbor Commission, acting in their official capacity, may
call for review, to the Harbor Commission, decisions of the Harbor Resources
Manager resulting from the Manager's administration of this Code.
D. A member of the City Council, acting in their official capacity, may call for
review, to the City Council, decisions of the Harbor Commission.
Section 33: Section 17.65.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.65.020 Time Limits.
Appeals or calls for review shall be initiated within fourteen (14) days of
the decision.
Section 34: Section 17.65.030 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.65.030 Initiation.
A. Filing of Appeals and Calls for Review. Appeals or calls for review of
decisions of the Harbor Resources Manager shall be made in writing to
the Harbor Resources Manager on forms provided by the Manager.
Appeals or calls for review of decisions of the Harbor Commission shall be
made in writing to the City Clerk on forms provided by the Clerk. The
appeal shall state the facts and basis for the appeal. A call for review
initiated by a member of the Harbor Commission or City Council, in their
official capacity, shall be for the purpose of bringing the matter in front of
the entire body for review.
Ordinance No. 2015 -9
Page 25 of 30
B. Fee. Appeals shall be accompanied by a fee as established by
resolution of the City Council. A call for review is exempt from the
payment of a filing fee under Code Section 3.36.030, or any successor
provision.
C. Effect on Decisions. Decisions that are appealed or called for review
shall not become effective until the appeal or review is resolved.
Section 35: Section 17.65.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
17.65.040 Procedures.
A. Hearing Date. An appeal or call for review shall be scheduled for a
hearing before the appellate or review body within thirty (30) days of the
filing of the appeal or review unless both applicant and appellant or review
body consent to a later date.
B. Notice and Public Hearing. An appeal or call for review hearing shall
be a public hearing if the decision being appealed or called for review
required a public hearing. Notice of public hearings shall be given in the
manner required for the decision being appealed or called for review.
C. Plans and Materials. At an appeal or review hearing, the deciding
body shall consider only the same application, plans and project - related
materials that were the subject of the original decision.
D. Hearing. At the hearing, the deciding body shall review the record of
the decision and hear testimony of the appellant, if any, the applicant and
any other interested party. An appeal or call for review shall be de novo.
E. Required Findings. At an appeal or review hearing, the deciding body
shall make the findings prescribed in the individual chapters of this Code
when affirming, modifying or reversing the original decision.
F. Decision and Notice. After the hearing, the appellate (or reviewing
body) shall affirm, modify or reverse the original decision. When a decision
is modified or reversed, the appellate (or reviewing) body shall state the
specific reasons for modification or reversal. Decisions on appeals shall
be rendered within thirty (30) days of the close of the hearing. The Harbor
Resources Manager shall mail notice of a Harbor Commission decision
and the City Clerk shall mail a notice of a City Council decision. Such
notice shall be mailed within five (5) working days after the date of the
decision to the applicant and the appellant, if any.
Section 36: Section 17.65.050 is hereby added to Chapter 17.65 of the Newport
Beach Municipal Code to read as follows:
Ordinance No. 2015 -9
Page 26 of 30
17.65.050 Judicial Review of City Decision.
A person shall not seek judicial review of a City decision on any matter
until all appeals or calls for review, if applicable, to the Harbor Commission
and City Council have been first exhausted in compliance with this
chapter.
Section 37: Subsection 17.70.020(D) of the Newport Beach Municipal Code is
hereby amended to read as follows:
D. Effective Date. The decision to revoke a permit shall become final
fourteen (14) days after the date of decision, unless appealed or called for
review.
Section 38: Subsection 17.70.020(E) of the Newport Beach Municipal Code is
hereby amended to read as follows:
E. Rights of Appeal or Call for Review. Appeals or calls for review shall
be as prescribed by Chapter 17.65, or any successor chapter.
Section 39: Subsection 19.04.070(8) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Appeals and Calls for Review. Any interpretation of the provisions
of this Code by the Community Development Director or the City Engineer
may be appealed to the Planning Commission or called for review by a
member of the Planning Commission under the same procedures as set
forth in Title 20.
Section 40: Subsection 19.12.050(1) of the Newport Beach Municipal Code is
hereby amended to read as follows:
Appeals and Calls for Review.
1. Initiation of an Appeal or Call for Review. Any interested person may
appeal any action of the Planning Commission regarding a tentative tract
map to the City Council. A City Council member may call for review any
action of the Planning Commission regarding a tentative tract map. Calls
for review may be initiated by a member of the City Council, in the
member's official capacity, if the sole purpose for the call for review is to
bring the matter in front of the entire body for review.
2. Time Limits for Filing. Appeals or calls for review shall be filed with the
City Clerk within ten (10) days after the action of the Planning Commission
upon a form provided by the City Clerk. Upon the filing of an appeal or call
for review, the original decision shall be stayed and the matter shall be set
for public hearing.
Ordinance No. 2015 -9
Page 27 of 30
3. Fees. Any appeal filed by an interested person shall be accompanied
by a filing fee set by resolution of the City Council pursuant to Section
66451.2 of the Government Code, or any successor statute. A call for
review is exempt from the payment of a filing fee under Code Section
3.36.030, or any successor provision.
4. Nearing and Action. A public hearing shall be noticed and held prior to
action on a tentative tract map appeal or call for review. The appeal or
review hearing shall be noticed in accordance with Sections 65090, 65091
and 66451.3 of the Government Code, or any successor statutes, and
shall be held within thirty (30) days after filing of the appeal or call for
review. Within ten (10) days following the conclusion of the hearing, the
City Council shall render its decision on the appeal or call for review.
5. Effect of Inaction. If the City Council does not make a decision on an
appeal or call for review within the time limits specified, the tentative tract
map, insofar as it complies with the Subdivision Map Act and this title,
shall be deemed to be approved or conditionally approved as last
approved or conditionally approved, and it shall be the duty of the City
Clerk to certify or state that approval.
Section 41: Subsection 19.12.060(B) of the Newport Beach Municipal Code is
hereby amended to read as follows:
B. Appeal or Call for Review of Zoning Administrator Action.
1. Initiation of Appeal or Call for Review. Any interested person may
appeal any action of the Zoning Administrator regarding a tentative parcel
map to the Planning Commission. Calls for review of any action of the
Zoning Administrator regarding a tentative parcel map may be initiated by
a member of the Planning Commission, to the Planning Commission, in
the member's official capacity, if the sole purpose for the call for review is
to bring the matter in front of the entire body for review. Calls for review of
any action of the Planning Commission regarding a tentative parcel map
may be initiated by a member of the City Council, to the City Council, in
the member's official capacity, if the sole purpose for the call for review is
to bring the matter in front of the entire body for review. In accordance
with Government Code Section 66463.5, or any successor statute, an
appeal of a denial of a tentative parcel map extension shall be heard by
the City Council
2. Time Limits for Filing. Appeals or calls for review to the Planning
Commission shall be filed with the Community Development Director
within ten (10) days after the action of the Zoning Administrator on a form
provided by the Community Development Director. Appeals or calls for
review to the City Council shall be filed with the City Clerk within ten (10)
days after the action of the Planning Commission on a form provided by
Ordinance No. 2015 -9
Page 28 of 30
the City Clerk. An appeal of a denial of a tentative parcel map extension
shall be filed with the City Clerk and heard by City Council accordance
with Government Code Section 66463.5, or any successor statute. The
time limit for filing appeals on denials of a tentative parcel map extension
shall be fifteen (15) days after the action of the Zoning Administrator.
Upon the filing of an appeal or call for review, the original decision shall be
stayed and the matter shall be set for public hearing.
3. Fees. Any appeal filed by an interested person shall be accompanied
by a fee set by resolution of the City Council. A call for review is exempt
from the payment of a filing fee under Code Section 3.36.030, or any
successor provision.
Section 42: Subsection 19.12.060(C) of the Newport Beach Municipal Code is
hereby amended to read as follows:
C. Further Appeal or Call for Review. Any action by the Planning
Commission, when acting as the Appeal Board, or any decision affirmed
by the City Clerk due to Planning Commission inaction within the specified
time limits in Sections 19.12.050(D) and (E) may in turn be appealed or
called for review in accordance with the procedures and time limits set
forth in Section 19.12.050.
Section 43: Subsection 19.68.030(K) of the Newport Beach Municipal Code is
hereby amended to read as follows:
K. Effective Date, Appeals, and Calls for Review. Decisions on lot
mergers shall not become effective for ten (10) days after being granted.
Appeals or calls for review shall be made in accordance with the
provisions for appeal of tentative parcel maps, as set forth in Section
19.12.060(B). Upon the filing of an appeal or call for review, the original
decision shall be stayed and the matter shall be set for public hearing.
Section 44: Subsection 19.76.020(L) of the Newport Beach Municipal Code is
hereby amended to read as follows:
L. Effective Date, Appeals, and Calls for Review. Decisions on lot line
adjustments shall not become effective for ten (10) days after being
granted. Appeals or calls for review shall be made in accordance with the
provisions for appeal or call for review of tentative parcels maps, as set
forth in Section 19.12.060. Upon the filing of an appeal or call for review,
the original decision shall be stayed and the matter shall be set for public
hearing. The lot line adjustment shall only become effective when the lot
line adjustment instrument specifying the owners of the fee interest and
particularly describing the real property is approved by the City in writing
and the instrument is filed for recordation with the County Recorder.
Ordinance No. 2015 -9
Page 29 of 30
Section 45: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 46: 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 unconstitutional.
Section 47: The City Council finds the introduction and approval of this
ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant
to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
Section 48: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 49: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to
City Charter Section 414, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a
of Newport Beach held on the 14th day o f
April, 2015, by the following vote, to -wit:
ATTEST:
Leilani I. brown
City Clerk
Ordinance No. 2015 -9
Page 30 of 30
regular meeting of the City Council of the City
April, 2015, and adopted on the 28th day of
AYES, COUNCILMEMBERS Peotter, Petros, Duffield,
Muldoon, Dixon, Mayor Selich
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS
APPROVED AS TO FORM:
The City orney's Office
Aaron C. Harp
City Attorney
CUWd1U U. JCIIUII
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2015-9 was duly and regularly introduced on the 14th day of April, 2015, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of April,
2015, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Duffield,
Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich
NAYS: None
ABSENT: Council Member Curry
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 29th day of April, 2015.
CAL FOP
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2015-9 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 dates:
Introduced Ordinance: April 18, 2015
Adopted Ordinance: May 2, 2015
In witness whereof, I have hereunto subscribed my name this day of
2015.
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City Clerk"
City of Newport Beach, California
(Seal)