HomeMy WebLinkAbout1464 - Appeals to CouncilORDINANCE NO. 1464
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 20.47.070 OF THE NEWPORT
BEACH MUNICIPAL CODE TO PROVIDE FOR APPEALS
TO THE CITY COUNCIL FROM DECISIONS OF THE
PLANNING COMMISSION ON MODIFICATIONS
COMMITTEE PROCEEDINGS
The City Council of the City of Newport Beach DOES ORDAIN
as follows:
SECTION 1. Section 20.47.070 of the Newport Beach
Municipal Code is amended to read:
1120.47.070 Appeal. A. INITIATION OF APPEAL. In case
the applicant or any other interested person is not satisfied
with the action of the Modifications Committee, he may appeal
in writing to the Planning Commission by filing a Notice of
Appeal with the Secretary of the Planning Commission within
seven (7) calendar days following the decision of the Committee.
• B. FEE. To partially defray the administra-
tive costs of the City, the Notice of Appeal shall be accom-
panied by a fee of One Hundred Dollars ($100.00).
C. DATE -- NOTICE. The Planning Commission
shall set a date for public hearing and give notice in the
same manner as prescribed in Section 20.47.040. Upon receiving
Notice of Appeal to the'Planning Commission, the written
findings of the Modifications Committee shall be submitted to
the Planning Commission together with all maps, letters,
exhibits, and other documentary evidence considered by the
Modifications Committee in reaching a decision.
D. DECISION. The Planning Commission shall
render its decision within thirty (30) days after the filing
of such appeal.
• E. APPEAL TO CITY COUNCIL. (1) In case the
applicant or.any other person is not satisfied with the action
of the Planning Commission, he may appeal in writing to the
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City Council by filing a notice of appeal with the City Clerk
within 21 days following said action. Said notice of appeal
shall be accompanied by a fee of Seventy -Five Dollars ($75.00).
(2) Date -- Notice. The City Clerk shall
set a date for public hearing and give notice by publication of
notice of the hearing in the official newspaper of the City
and by posting the notice in not less than two conspicuous
places on or close to the property at least ten days prior to
the hearing, or by mailing the notices, postage prepaid, at
least five days prior to the hearing, to all property owners
whose names and addresses appear on the latest adopted tax roll
as owning property within a distance of 300 feet from the
exterior boundaries of applicant's property. The City Clerk
shall notify the appealing party of the date set for the appeal
and shall also notify the Planning Commission. Upon receiving
notice of appeal to the City Council, the Community Development
Director shall submit a written report of the Planning
Commission proceedings to the City Council, together with all
maps, letters, exhibits, and other documentary evidence con-
sidered by the Planning Commission in reaching a decision.
(3) Decision. The City Council shall
render its decision within 30 days after the close of such
hearing.
F. RIGHT OF REVIEW BY CITY COUNCIL. The
City Council, on its own motion, adopted by four affirmative
votes, may elect to review any decision of the Modification
Committee or the Planning Commission approving an application
for a modification. The City Council's right of review may
be exercised at any time prior to the expiration of 21 days
from the date on which the Planning Commission renders
its decision. In any application for a modification
proceeding in which the City Council exercises its right of
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review, the City Clerk shall set a date.for public hearing
and give notice in the manner specified in Section 20.47.070E(2).
The City Clerk shall also give written notice of the time and
date set for the hearing to the applicant and the Planning
Commission. Upon receiving notice of the City Council review
proceeding, the Community Development Director shall submit
a written report of the Planning Commission proceedings to-
gether with all maps, letters, exhibits, and other documentary
evidence considered by the Planning Commission in reaching a
decision."
SECTION 2. This ordinance shall be published once in the
official newspaper of the City, and the same shall be effective
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 the 24th day of
July , 1972, and was adopted on the 28th day of August ,
1972, by the following vote, to wit:
ATTEST:
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CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
• D TE AUG 31 1972
CI. CLERK OF THE CITY 0 F N5WPORT BEACX
AYES, COUNCILMEN: McInnis, Rogers, Croul,
Dostal, Kymla, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Mayor
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5/30/72