HomeMy WebLinkAbout2004-18 - Approving an Amendment Title 20 of the Newport Beach Municipal Code Relating to Procedures for Appeals and Calls for Review (Code Amendment No. 2004-002)ORDINANCE NO. 2004-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING AN AMENDMENT
TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO PROCEDURES FOR APPEALS AND
CALLS FOR REVIEW (CODE AMENDMENT NO. 2004-
002)
WHEREAS, on January 27, 2004, the City Council initiated an amendment to
Title 20 of the City of Newport Beach Municipal Code to require two members of the
Planning Commission to call a decision of the Planning Director or Modifications
Committee for review and to require two members of the City Council to call a decision
of the Planning Director, Modifications Committee, or Planning Commission for review;
and
WHEREAS, on April 22, 2004, the Planning Commission of the City of Newport
Beach held a duly noticed public hearing regarding this code amendment; and
WHEREAS, the Planning Commission voted unanimously to recommend
approval of this code amendment to the City Council with the provision that the
procedures of the Planning Commission would remain unchanged; and
WHEREAS, on June 8, 2004, August 10, 2004, and August 24, 2004, the City
Council of the City of Newport Beach held duly noticed public hearings regarding this
code amendment; 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).
Related Revisions to Title 20
Section 20.42.070:
20.42.070 Rights of Appeal
Appeals of decisions of the Planning Director or Planning Commission
regarding the implementation of this Chapter shall be governed by
Chapter 20.95: Appeals.
Section 20.57.060:
20.57.060 Rights of Appeal
Appeals of decisions of the Planning Director or Planning Commission
regarding the implementation of this Chapter shall be governed by
Chapter 20.95: Appeals.
Section 20.61.040:
20.61.040 Rights of Appeal
A. Appeals. Decisions of the Planning Director may be appealed to the
Planning Commission and decisions of the Planning Commission
may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.62.100:
20.62.100 Rights of Appeal
A. Appeals. Decisions of the Planning Director or the Modifications
Committee may be appealed to the Planning Commission and
decisions of the Planning Commission may be appealed to the City
Council,
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.64.090 (B):
B. The City Council shall have a right to appeal as set forth in Chapter
20.95, as limited above.
EXHIBIT A
CA 2004 -002
Section 20.82.050 (E):
E. Appeal. The decision of the Planning Director to approve or deny
an application is final, subject to appeal by the Planning
Commission or by the City Council pursuant to Chapter 20.95:
Appeals.
Section 20.82.080:
20.82.080 Rights of Appeal
A. Appeals. Decisions of the Planning Director may be appealed to the
Planning Commission and decisions of the Planning Commission may
be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by Chapter
20.95: Appeals.
Section 20.86.090:
20.86.090 Rights of Appeal
A. Appeals. Decisions of the Modifications Committee may be
appealed to the Planning Commission and decisions of the
Planning Commission may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.89.070:
20.89.070 Rights of Appeal
A. Appeals. Decisions of the Planning Director may be appealed to the
Planning Commission and decisions of the Planning Commission
may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.91.025 (C):
C. Report to the Planning Commission and City Council. The
Planning Director shall report the discussion of the Planning
Commission on a use permit or variance to the City Council at the
EXHIBIT A
CA 2004 -002
next regular meeting or within 5 days of the decision, whichever
occurs first. Upon rendering a decision on a use permit, the
Planning Director shall report to the Planning Commission and the
City Council at the next regular meeting or within 5 days of the
decision, whichever occurs first.
Section 20.91.060:
20.91.060 Rights of Appeal
A. Appeals. Decisions of the Planning Director may be appealed to the
Planning Commission and decisions of the Planning Commission
may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
New Section 20.92.060 (D):
D. Report to the City Council. The Planning Director shall report the
discussion of the Planning Commission on a site plan review to the
City Council at the next regular meeting or within 5 days of the
decision, whichever occurs first.
Section 20.92.080:
20.92.080 Rights of Appeal
A. Appeals. Decisions of the Planning Commission may be appealed
to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.93.010:
A Modifications Committee consisting of three members is hereby established for
the purpose of passing upon requests for reasonable use of property not
permissible under existing regulations. The Modifications Committee shall have
authority to grant, subject to appeal to the Planning Commission or City Council
under provisions of this code, modifications as provided herein.
Section 20.93.035 (E):
E. Report to the Planning Commission and City Council. The
Planning Director shall report the decision of the Modification
EXHIBIT A
CA 2004 -002
Committee to the Planning Commission and City Council at the
next regular meeting or within 5 days of the decision, whichever
occurs first.
Section 20.93.065:
20.93.065 Rights of Appeal
A. Appeals. Decisions of the Modifications Committee may be
appealed to the Planning Commission and decisions of the
Planning Commission may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by
Chapter 20.95: Appeals.
Section 20.94.040 (C):
C. Denial bV the Planning Commission. If the proposed amendment is
disapproved, no further action shall be taken thereon, unless
appealed to the City Council under the provisions of Chapter 20.95:
Appeals.
Section 20.96.040 (H):
H. Rights of Appeal. Appeals shall be as prescribed by Chapter
20.95: Appeals.
EXHIBIT A
CA 2004 -002
Page 20,95 -1
Appeals
CHAPTER 20.95
APPEALS
Sections:
20.95.010
Purpose and Authorization for Appeals
20.95.020
Rights of Appeal
20.95.030
Appeals of Decisions on Tentative Maps
20.95.040
Time Limits for Appeals
20.95.050
Initiation of Appeals
20.95.060
Procedures for Appeals
20.95.010 Purpose
To avoid results that are inconsistent with the purposes of this code, decisions of
the Planning Director and the Modifications Committee may be appealed to
the Planning Commission, and decisions of the Planning Commission may
be appealed to the City Council.
20.95.020 Rights of Appeal
Appeals may be initiated by any interested party, unless otherwise prescribed in the
individual chapters of this code.
20.95.030 Appeals of Decisions on Tentative Maps
Notwithstanding other provisions of this Chapter, procedures and time limits forappeals of
decisions on tentative tract maps and tentative parcel maps shall be as specified in
Chapter 19.08 of the Subdivision Code.
EXHIBIT A
CA 2004 -002
Page 20.95 -2
Appeals
20.95.040 Time Limits for Appeals
Appeals shall be initiated within 14 days of the decision.
Exception: Any member of the City Council may extend the appeal
time limit to the next scheduled meeting of the City Council. The
extension of the appeal time limit shall be made within 14 days of the
decision at a regularly scheduled City Council meeting or by written
request to the Planning Director or the City Clerk.
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 Modifications
Committee 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.
C.
W
20.95.060
Exception: No fee shall be required for appeals filed under Section
20.95.050 (C).
Appeals by Elected or Appointed Officials,
Planninq Commission. Any member of the Planning Commission
may initiate an appeal of a decision of the Modifications Committee or
the Planning Director to the Planning Commission by a written request
to the Planning Director and shall specifically state the grounds forthe
appeal.
2. City Council. The City Council, on its own motion and adopted by
majority vote, may initiate an appeal of a decision of the Modifications
Committee, the Planning Director, or the Planning Commission. Any such
motion shall specifically state the grounds for the appeal.
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 .
Procedures for Appeals
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CA 2004 -002
Page 20.95 -3
Appeals
A. Hearing Date. A hearing on the appeal shall be held before an appellate
body within 60 days of the date the appeal is filed. The hearing may be
scheduled more than 60 days after the appeal is filed, provided both the
applicant and the appellant or the appellate body consent to a later date.
B. Notice and Public Hearing. An appeal shall be considered at a public
hearing and notice of the public hearing shall be given in the manner
required for the decision being appealed.
C. Hearing. The public hearing on an appeal shall be conducted "de novo" in
that the decision that has been appealed has no force or effect as of the date
on which the appeal was filed. The appellate body is not bound by the
decision that has been appealed or limited to the issues raised on appeal.
The appellate body shall hear testimony of the appellant, the applicant, and
any other interested party. The appellate body shall consider only the same
application, plans, and project related materials that were the subject of the
original decision, unless otherwise deemed relevant by the appellate body.
D. Decision and Notice. The appellate body shall, after considering all of the
evidence presented at the hearing and within 30 days afterthe public hearing
is closed, approve, modify, or disapprove, in whole or in part, the permit or
approval that forms the basis of the appeal and shall make the findings
required by this Code in support of the decision. The Planning Director shall
mail notice of a Planning Commission decision and the City Clerk shall mail a
notice of a City Council decision. The notice shall be mailed to the applicant
and the appellant of the decision within 5 working days after the date of the
decision.
EXHIBIT A
CA 2004 -002
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 to
revise Chapters 20.42, 20.57, 20.61, 20.62, 20.64, 20.82, 20.86, 20.89, 20.91, 20.92,
20.93, 20.94, 20.95, and 20.96 of Title 20 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 August 24, 2004, and adopted on the 14th day of
September 2004, by the following vote, to wit:
AYES, COUNCIL MEMBERS Rosansky, Bromberg,
Webb, Nichols, Mayor Ridgeway
NOES, COUNCIL MEMBERS Heffernan
ABSENT COUNCIL MEMBERS None
MAYOR
ATT ST:
CITY CLERK
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 the whole number of members of the City Council is six; that the foregoing
ordinance, being Ordinance No. 2004 -18 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 14th
day of September 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: Heffernan
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of September 2004.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2004 -18 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: September 18, 2004.
In witness whereof, I have hereunto subscribed my name this 4L day of
Q1D19
City Clerk
City of Newport Beach, California