HomeMy WebLinkAbout2007-2 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code Relating to Appeal Procedures [Code Amendment No. 2006-008]ORDINANCE NO. 2007 -2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH APPROVING 'AN
AMENDMENT TO TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO APPEAL
PROCEDURES [CODE AMENDMENT NO. 2006-
008)
WHEREAS, on November 28, 2006, the City Council initiated an
amendment to Title 20 of the City of Newport Beach Municipal Code to revise
procedures relating to the initiation of appeals by City Council Members; and
WHEREAS, current appeal procedures require. a simple majority vote of
the City Council at a regularly-scheduled meeting to initiate an appeal of a decision
of the Zoning Administrator, the Planning Director, or the Planning Commission;
and
WHEREAS, the City Council desires to revise the appeal procedures to
allow a single City Council Member to appeal decisions of the Zoning Administrator,
Planning: Director, and Planning Commission at anytime within the 14-day appeal
period; and
WHEREAS, the Planning Commission held a public hearing on the
proposed amendment on January 4, 2007; and
WHEREAS, .the. Planning Commission voted unanimously to recommend
approval of this code amendment to the City Council; and
WHEREAS, the proposed action is not defined as a project under the
California Environmental Quality Act (CEQA) because it involves general policy and
procedure making activities not associated with a project or a physical change in
the environment (Section 15378 of the CEQA Guidelines).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be
amended as provided in Exhibit A.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the City, and the same shall become effective thirty (30) days after
the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on January 23, 2007, and adopted on the 13th
day of February, 2007, by the following vote, to wit:
AYES, COUNCIL MEMBERS Henn, Curry, Selich,
Webb, Daigle, Gardner, Mayor Rosansky
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
Exhibit A
20.95.040 Time Limits for Appeals
Appeals shall be Initiated within 14 days of the decision.
20.95.050 Initiation of Appeals
A. Filing of Appeals. Except for an appeal authorized by Subsection C, the
appeal of a decision of the Planning Director or of the Zoning
Administrator shall be made in writing to the Planning Director and
appeals of decisions of the Planning Commission shall be made in writing
to the City Clerk.
B. Fee. Appeals shall be accompanied by a fee as established by resolution
of the City Council.
Exception: No fee shall be required for appeals filed under
Section 20.95.050 (C).
C. Appeals by Elected or Appointed Officials.
1. Planning Commission. Any member of the Planning Commission .
may initiate an appeal of a decision of the Zoning Administrator or
the Planning Director to the Planning Commission by a written
request to the Planning Director and shall specifically state the
grounds for, the appeal.
.. 2. City Council. Any member of the City Council may initiate an
appeal of a decision of the Zoning Administrator, the Planning
Director, or the Planning Commission. An appeal of a decision of
the Planning Director or of the Zoning Administrator shall be made
in writing to, the Planning Director and an appeal of a decision of
the Planning Commission shall be made in writing to the City
Clerk. In each case, the member of the City Council shall
specifically state the grounds for the appeal.
D. Effect on Decisions. A, decision that is appealed shall not become final
and effective until the appeal. is considered and decided by the Planning
Commission or City Council, as appropriate.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2007 -2 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of February 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of February 2007.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2007 -2 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: February 17,2//007.
In witness whereof, I have hereunto subscribed my n /e thisoXA day of 146r R`'
2007. 0 l /�Tu"-t
let
City Clerk
City of Newport Beach, California