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HomeMy WebLinkAbout1974 - APPEAL PROCEDURES REGULATIONS - 1 Citywide Project RESOLUTION NO. 1974 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2015-001 AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO PLANNING COMMISSION AND CITY COUNCIL CALLS FOR REVIEW (PA2015-029) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On February 10, 2015, the City Council initiated an amendment of the Zoning Code that would amend procedures to clarify the process for Planning Commission and City Council calls for review of decisions by lower review authorities. 2. A public hearing was held on March 5, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Zoning Code amendment is not subject to the California Environmental Quality Act ("CEQK) 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 3. FINDINGS. 1. When the Zoning Code was comprehensively updated in 2010, the appeal process did not include procedures specific for Planning Commissioners and City Council Members to call an item up for review, as it was determined that they would follow the same appeal process as any interested party. 2. A recent State of California Appellate Court decision suggested that the City's Municipal Code may be ambiguous regarding calls for review by Council Members acting in their role as Council Members. 3. The recommended code amendment codifies the call for review process for Planning Commissioners and City Council Members. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends approval of Code Amendment No. CA2015-001 as set forth in Exhibit "A," which is attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 51" DAY OF MARCH, 2015. AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers and Tucker NOES: ABSTAIN: ABSENT: BY: — Larr Tucker, Chairman BY: Byl / a er , Secretary Exhibit A Code Amendment No. CA2015-001 PC Recommended changes shown in underline/&tFW% A Table 5-1 (Review Authority) in Section 20.50.030 Table 5-1 (Review Authority) in Section 20.50.030 is hereby amended to delete footnote No. 4 and all references within Table 5-1 to footnote No. 4. (4) The Stan rd OfPP-ViP-kVf, ..ea, of aRy HeaFing Officer deGis,eR shall be s-bgtantmal Pwmde Ge and net dP no 9. Subsection 20.52.030(F)(2) Decisions of the review authority may be appealed or called for review to the Seu+nsil--in compliance with Chapter 20.64 (Appeals). R^�, appeal from EleGISOOR of the GOMMIGGOGR shall be de Reve. GR an appeal fFeM a deGiGiGR Of the HeaFing OffiGeF the GOURGil shall determine whether the fiRdings made by the Hearip'ff Subsection 20.52.070(D)(1)(b) The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, call for review, and appeal procedures identified for any other discretionary permit_ provided the Gt@Rdard of Fevie.., on appealhall t h de novA and Gowned' r.hall . ete uhn4heF the findings ad h ff' yn r the U a O Chapter 20.64 APPEALS AND CALLS FOR REVIEW 20.64.010 Purpose. The purpose of this chapter is to provide procedures for the appeal or call for review of determinations and decisions of the Director, Zoning Administrator, Hearing Officers, and and-P4aaa+ag--Commission. Any provision in Title 20 relating to appeals shall be considered a call for review and processed according to this chapter when initiated by a member of the Commission or City Council under Section 20.64.030(A) if the purpose for the call for review is to bring the matter in front of the entire body for review. 20.64.020 Appeals or Calls for Review. A. Director. Interpretations or decisions of the Director may be appealed or called for review to the Rlanning Commission. B. Zoning Administrator. Decisions of the Zoning Administrator may be appealed or called for review to the PlanniRg Commission. C. Hearing Officer. Decisions of a Hearing Officer may be appealed or called for review to the Planning Commission Set-nsil. D. Planning Commission. Decisions of the Commission may be appealed or called for review to the City Council. 20.64.030 Filing and Processing of Appeals and Calls for Review. A. Eligibility. Appeals may be initiated by any interested party. Calls for review may be initiated by a member of the Commission or City Council in the member's official capacity, if the stile-purpose for the call for review is to bring the matter in front of the entire body for review. B. Timing and Form of Appeal. An appeal initiated by an interested party shall be submitted in writing and shall state the facts and basis for the appeal. A call for review initiated by a member of the Commission or City Council in their official capacity, shall be submitted in writing and shall be for the sele purpose of bringing the matter in front of the entire body for review. 1. Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). a. Appeals addressed to the Commission shall be filed with the Director on forms provided by the Department; and b. Appeals addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk;: C. Calls for review addressed to the Commission shall be filed with the Director on forms provided by the Department; and d. Calls for review addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk. 2. Filing Fee. An appeal shall be accompanied by the filing fee identified in the City's master fee schedule. A call for review is exempt from the payment of a filing fee under Code Section 3.36.030, or any successor provision. C. Report, Scheduling, Noticing, and Conduct of Hearing. 1. The decision from which an appeal or a 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 Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority identified in Section 20.64.020 (Appeals). 2. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings). 3. Conduct of Hearing. a. Review of an appeal from a decision of the Hearing Officer, Zoning Administrator-of Commission, or the Director. including Director interpretations shall be de novo.—Review of aR appeal fm @ GIGGOSOOR f a HeariRg nff' hall be h th the dHFiRg the evidentiary heaFiRg. OR review, the GGLIFIGH may sustain, of the CJGGiSio.R. of the GeMMOSGiGR of Hearing Offieer, or remand the matter fer furtheF diFeGt•o.. for a RG.. heaF n g. A call for review of a decision of the Zoning Administrator Hearing Officer Commission, or the Director, including Director interpretations shall be de novo. The body hearing a matter that is called for review shall follow the same procedure applicable to the lower hearing. b. The review authority is not bound by the decision that has been appealed or called for review, or limited to the issues raised on appeal or at the lower hearing. C. The review authority shall hear testimony of the appellant, if any, the applicant, and any other interested party. d. The review authority shall consider the same application, plans, and project- related materials that were the subject of the original decision, unless otherwise deemed relevant by the review authority. D. Decision on Appeal or Call for Review. 1. As provided in this Zoning Code, the review authority may, based upon findings of fact about the particular case: a. Affirm, affirm in part, or reverse in whole or in part the action, determination, or decision that is the subject of the appeal or call for review. Adopted findings shall identify the reasons for the actionE)R the appeal; b. Adopt additional conditions of approval to#h address issues or concerns raised during the hearingether thaanthese that were the ba6is of the l; or c. Deny the permit approved by the previous review authority, even where the appellant i, f any, only requested a change or elimination of one or more conditions of approval. 2. If new or different evidence is presented on appeal or review, the Commission or City Council may refer the matter to the previous review authority for further consideration. 3. In the event of a tie vote by the review authority on an appeal or call for review, the lower decision beiRg appealed shall stand. 20.64.040 Judicial Review of City Decision. A person shall not seek judicial review of a City decision on a permit or other matter until all appeals or calls for review, if applicable to the Commission and City Council have been first exhausted in compliance with this chapter.