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HomeMy WebLinkAbout94-20 - Amending Titles 19 and 20 of the Newport Beach Municipal Code so as to Reduce the Required Appeal Period for Planning Commission Actions to Less Than 21 Days (Planning Commission Amendment No. 795)ORDINANCE NO. 94 -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLES 19 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REDUCE THE REQUIRED APPEAL PERIOD FOR PLANNING COMMISSION ACTIONS TO LESS THAN 21 DAYS • (PLANNING COMMISSION AMENDMENT NO. 795) WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 19 (the Subdivision Code) and Title 20 (the Zoning Code) may be amended by changing provisions whenever the public necessity and convenience, and the public welfare require such amendment; and WHEREAS, the Municipal Code of the City of Newport Beach provides that an amendment to Title 19 or Title 20 may be initiated by the City Council or the Planning Commission; and WHEREAS, the Planning Commission, at its February 10, 1994 meeting, initiated amendment procedures so as to reduce the required appeal period for Planning Commission actions to 14 days; and WHEREAS, on March 10. 1994 and March 24, 1994, the Planning Commission of the City of Newport Beach held public hearings regarding Amendment No. 795; and WHEREAS, the Planning Commission determined that the shorter appeal period was necessary in order to streamline the development review process, and at that time voted to recommend that the City Council approve the amendment; and WHEREAS, the Planning Commission has determined that the subject amendment is exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alteration in Land Use Limitations); and WHEREAS, onApr.25 1994, the City Council of the City of Newport Beach held • a duly noticed public hearing regarding this ordinance; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach does ordain as follows: SECTION 1. That Section 19.08.060 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.08.060 LOT MERGER. A. MERGER. For lots or parcels within the City, there shall be a merger of lots or parcels when each of the following conditions are met: 1. Two or more contiguous lots or parcels are held by the same owner; • 2. Said lots or parcels do not conform to the minimum lot size to permit use or development under the provisions of Title 20 of the Newport Beach Municipal Code (Zoning Ordinance) and further provided that the minimum lot size set forth in Title 20 of the Newport Beach Municipal Code shall apply, for the purposes of merger, to lots within the City, no matter when created; and 3. None of such contiguous lots or parcels is developed with a building for which a building permit has been issued by the City of Newport Beach, or by the County of Orange for parcels which were created and thereafter annexed to the City of Newport Beach. B. NOTICE OF MERGER, HEARING. The Planning Director, when he has knowledge that real property has merged pursuant to this Section, shall cause to be filed for recordation with the County Recorder a notice of merger, specifying the name of the record owner and particularly describing the real property; provided, that the Planning Director shall advise the owner of the lots or parcels to be affected by the merger at least thirty (30) days prior to recordation of said notice, the fact that he intends to record the notice and specifying a time, date and place at which the owner, may present evidence to the Planning Director why such notice should not be recorded. The Planning Director shall hear and consider any such evidence, should the owner choose to present such evidence. The Planning Director shall make his determination regarding recordation of such notice, which • decision shall become final ten (10) days after the decision is made in absence of any appeal to the Planning Commission or request for review by the Planning Commission on its own motion, adopted by four affirmative votes, or by City Council on its own motion, adopted by four affirmative votes, within said ten (10) day period. C. REVIEW OR APPEAL TO PLANNING COMMISSION. In any case where the owner is not satisfied with the decision of the Planning Director, he may appeal in writing to the Planning Commission by filing a notice of appeal within ten (10) days following the decision by the Planning Director or where the Planning Commission determines to review the decision of the Planning Director, a hearing shall be held by the Planning Commission. The owner shall be given notice specifying a time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded. The Planning Commission shall hear and consider any such evidence and make its decision regarding such notice not later than ten (10) days after the date of the public discussion of said item by the Planning Commission. The action of the Planning Commission on such notice shall become final fourteen (14) days after the decision of the Planning Commission in absence of any appeal to the City Council or request for review by the City Council on its own motion, adopted by four affirmative votes. D. REVIEW BY OR APPEAL TO CITY COUNCIL. In any case where the owner is not satisfied with the decision of the Planning Commission, he may appeal in writing to •the City Council by filing a notice of appeal within ten (10) days following the decision by the Planning Commission or where the City Council has determined to review the decision of the Planning Commission, a hearing shall be held by the City Council. The owner shall be given notice specifying a time, date and place at which the owner may present evidence to the City Council why such notice should not be recorded. The City Council shall hear and consider any such evidence and make its decision regarding such notice not later than ten (10) days after the date of the public discussion of said item by the City Council. The action of the City Council on such notice shall be final. E. RECORDATION OF NOTICE - EFFECT. At such time as the determination to record a notice of merger shall become final, the notice shall be recorded at the office of the County Recorder, Orange County, California. Recordation of such notice shall be a memorialization of the lot merger which had previously occurred. After such notice has been recorded, the subject lots or parcels shall be held merged as one lot or parcel for purposes of applying the Zoning Ordinance, Subdivision Ordinance, building regulations and other regulations regarding land use and development of the City of Newport Beach. •SECTION 2. That Section 19.12.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.12.040 SUBDIVISIONS CONTAINING LESS THAN FIVE LOTS. A. FILING OF MAP. Where proposed subdivisions contain four or less lots, all of which abut upon a dedicated and accepted City street, the subdivider shall file twenty (20) copies of a surveyor's map of the subdivision showing the dimensions of the proposed lots, the payment to be established by Resolution of the City Council, and any other information deemed necessary with the Planning Commission at least twenty -seven (27) days prior to the meeting thereof at which consideration is desired. Copies of maps of the proposed subdivision of four or less lots shall be considered as the final map by the Planning Commission. B. PUBLIC HEARING. Within 50 days following the filing of the map, a public hearing shall be held by the Planning Commission. C. REQUIRED NOTICE. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries • of the subject property. It shall be the responsibility of the subdivider to obtain and provide to the City the names and addresses of owners as required by this section. In addition to the mailed notice, such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. D. APPROVAL.. If the Planning Commission shall determine that the map is in conformity with the requirements of this title, all ordinances of the City, all applicable general or specific plans and if it is satisfied with the plan of subdivision, it shall approve the map and signify its action on the face thereof by appropriate stamp and the signature of the Commission Secretary. E. RECORDING. If the Planning Commission approves the subdivision, the City shall obtain the recordation of the map and shall return the recorded map to the subdivider. F. EXTENSION OF TIME. The time limits for acting on the subdivision map as provided for in paragraph B hereof may be extended upon mutual consent of the subdivider and the Planning Commission. Such time limit extension shall be for a period not to exceed ninety (90) days. In the event that the map is not acted upon within the ninety (" day period, the map shall be deemed disapproved. •G. DISAPPROVAL. If the Planning Commission shall determine either that the map is not in conformity with the requirements of this title and all ordinances of the City, or that it is not satisfied with the plan of subdivision, it shall disapprove the map specifying its reason or reasons therefor, and the Secretary of the Planning Commission shall in writing advise the subdivider of such disapproval and of the reason or reasons for such disapproval. Within fourteen (14) days after the Planning Commission has disapproved any map, the subdivider may file with the Planning Commission a revised map for the consideration of the Commission. H. EXCEPTIONS. The Planning Commission may authorize exceptions to any requirements and regulations set forth in this Title. Application for any such exception shall be made at the time of the filing of the map by a certified petition of the subdivider stating fully the grounds for the exception and the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this subsection, it shall be necessary that the Planning Commission shall find the following facts with respect thereto: 1. That there are special circumstances or conditions affecting the property. • 2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is located. In authorizing such exceptions, the Planning Commission shall secure substantially the objectives of the regulation to which the exceptions are granted, as to light, air and the public health, safety, convenience and general welfare. I. ACTION BY COMMISSION FINAL. The action of the Planning Commission in approving or disapproving the map shall become final in fourteen (14) days in the absence of any appeal, or in the absence of review by the City Council, except as provided in paragraph G. No map shall have any force or effect until the same has been approved by the Planning Commission and recorded. J. APPEAL. The following procedure will apply for an appeal: 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 City Council by filing a Notice of Appeal with the City Clerk within fourteen (14) days following said action. Said notice of appeal shall be accompanied by a fee as established by Resolution of the City Council. 2. The City Clerk shall set a date for public hearing and give notice in the same manner prescribed in paragraph C hereof. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission. Upon receiving notice of appeal to the City Council, the Planning 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 considered by the Planning Commission in reaching a decision. 3. The City Council shall render its decision within sixty (60) days after the filing of such appeal. K. 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 Planning Commission approving a subdivision. The City Council's right of review may be exercised • at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the same manner prescribed in paragraph C hereof. The City Clerk shall also give 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 Planning Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. L. NONSPECIFIED PROVISIONS. All of the provisions of Title 20 not specifically covered by this Section, and not otherwise inconsistent herewith, shall apply to all subdivisions of less than five lots. SECTION 3. That Section 19.36.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.36.010 INITIATION OF APPEAL. Appeal may be made to the • City Council from any decision, determination or requirement of the Planning Commission or City Engineer by filing a notice thereof in writing with the City Clerk within fourteen (14) days after such decision or determination or requirement is made. Such notice shall set forth in detail the action and the ground by and upon which the subdivider deems himself aggrieved. SECTION 4. That Section 20.01.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.01.070 SITE PLAN REVIEW. A. PURPOSE. The City Council finds that developments in certain sensitive areas may have potentially adverse effects on the surrounding area or on sensitive resources, or may interfere with the implementation of specific objectives of the General Plan or Specific Area Plans. The effect of this Section is to establish a "Site Plan Review " (SPR) overlay district and to require Site Plan Review by the Planning Commission for any proposed development, except as provided in Sub - section C, within an SPR Overlay District to insure that the project conforms to the objectives of the General Plan. B. FINDINGS. The City Council finds, determines and declares that the establishment of Site Plan Review procedures contained in this Section promotes the health, safety, and • general welfare of the community by ensuring that: (1) Development of properties in the SPR Overlay District will not preclude implementation of specific General Plan or Specific Area Plan objectives and policies. (2) The value of property is protected by preventing development characterized by inadequate and poorly planned landscaping,excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area. (3) The benefits derived from expenditures of public funds for improvement, acquisition and beautification of streets, parks, and other public facilities are maximized by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. (4) Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental • resources of the City. C. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area or increase the roofline or height, within the SPR Overlay District or other property which has been designated for Site Plan Review as a condition of approval for a resubdivision or tract map by the Planning Commission or City Council, and the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.02.026. Except as provided in Chapter 20.60, Specific Plan District, no site shall be placed in the SPR Overlay District or be otherwise subject to Site Plan Review unless one of the following criteria is met: (1) The site contains areas having a slope in excess of 26.6 degrees (50 % slope). (2) The site contains or is immediately adjacent to coastal bluffs. (3) Development of the site has the potential to affect public views. • (4) Development of the site has the potential to affect environmentally sensitive areas including: a. Areas supporting species which are rare, endangered, of limited distribution, or otherwise sensitive. b. Riparian areas. C. Freshwater marshes. d. Saltwater marshes. e. Intertidal areas. f. Other wetlands. g. Unique or unusually diverse vegetative communities. (5) The site is located in a geologic hazard area, as described in the General Plan. • (6) The site is in a Residential District subject to noise levels greater than the 65 Community Noise Equivalent Level (CNEL). (7) The site contains significant historical or archaeological resources or is in an area of unique historical or archaeological interest. (8) The site is immediately adjacent to a thoroughfare designated as a Scenic Highway or Scenic Drive in the Recreation and Open Space Element of the General Plan. (9) The site is immediately adjacent to the ocean or bay. (10) The site directly abuts a residential district, but is located in a district designated for nonresidential use. (11) A density bonus is proposed, or has been granted, for the site. D. PLANS AND DIAGRAMS TO BE SUBMITTED. The following plans and diagrams shall be submitted to the Planning Commission for approval: • (1) A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off - street loading areas, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off - street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. (2) A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. (3) Grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures. (4) Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. • (5) Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. (6) Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. FEE. The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. STANDARDS. In addition to the general purposes set forth in Sub - section B, in order to carry out the purposes of this chapter as established by said section, the site plan review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: (1) Sites subject to Site Plan Review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed; • (2) Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; (3) Development shall be sited and designed to maximize protection of public views, with special consideration given to views from public parks and from roadways designated as Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan; (4) Environmentally sensitive areas shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; (5) No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; • (6) Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less; (7) Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development; (8) Development shall be consistent with specific General Plan and applicable Specific Area Plan policies and objectives, and shall not preclude the implementation of those policies and objectives; (9) Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources; (10) When feasible, electrical and similar mechanical equipment and trash and 40 storage areas shall be concealed; (11) Archaeological and historical resources shall be protected to the extent feasible; (12) Commercial development shall not have significant adverse effects on residences in an abutting residential district. G. PUBLIC HEARING - REQUIRED NOTICE. A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. ACTION BY THE PLANNING COMMISSION. If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply • with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective fourteen (14) days following the Commission action thereon unless, within the fourteen (14) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than fourteen (14) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. I. APPEAL TO THE CITY COUNCIL. Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within fourteen (14) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompained by a fee as established by Resolution of the City Council. •J. ACTION BY THE CITY COUNCIL. An appeal shall be heard and acted on by the City Council, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K EXPIRATION AND REVOCATION OF SITE PLAN REVIEW APPROVALS. (1) Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within 24 months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently con- struction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. (2) Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection therewith. • (3) Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. SECTION 5. That Section 20.51.045 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.51.045 AMENDMENTS TO DEVELOPMENT PLAN. All development within the P -C District shall substantially comply with the Development Plan and the City's General Plan as approved and adopted by the City Council. To assure that development remains consistent with the General Plan and with the various elements, statements, population densities and standards which constitute said General Plan, the City Council or the Planning Commission may from time to time review and, if necessary, initiate amendments to the Development Plan to assure such consistency. Any proposed amendment to the Development Plan as originally approved and adopted by the City Council shall be accomplished in the following manner: • (a) The Planning Commission shall hold at least one (1) public hearing before approving or disapproving an amendment to any part or element of the Development Plan. Notice of the time and place of the hearing shall be given as prescribed in Section 20.84.030. (b) The Planning Commission may approve, approve with modifications or disapprove a proposed amendment to any part or element of the Development Plan. The approval of the Planning Commission shall be signified by the adoption of a resolution endorsed by the Chairman and Secretary of the Commission. Said resolution shall contain the findings and recommendations of the Commission and shall be forwarded to the City Council no later than forty-five (45) days after the first published notice of the Planning Commission hearing, unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission to take action on the proposed amendment or failure to report within the time limit shall be deemed to be approval of the proposed amend- ment by the Planning Commission. (c) If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within fourteen (14) days after such disapproval. • (d) Following receipt of the Planning Commission resolution approving the proposed amendment to any part or element of the Development Plan, the City Council shall hold at least one (1) public hearing on the proposed amendment before taking any action thereon. Notice of the time and place of the hearing shall be given as prescribed in Section 20.84.030. After the conclusion of such hearing, the City Council may adopt or reject the proposed amendment, or any part thereof, in such form as the Council may deem to be advisable, or the Council may refer the matter back to the Planning Commission for further study and recommendation. (e) No amendment to any part or element of the Development Plan shall be deemed final until approved by the City Council by adoption of a resolution setting forth full particulars of the amendment. SECTION 6. That Section 20.75.045 of the Newport Beach Municipal Code is hereby amended to read as follows: •Section 20.75.045. APPEAL. An applicant for a satellite dish antenna permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within thirty (30) days after written notice from the Planning Director of the decision denying the permit or the decision imposing conditions on the permit. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission shall render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event the applicant is not satisfied with the decision of the Planning Commission, the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within fourteen (14) days following notice of the action of the Planning Commission. The hearing before the City Council shall be set within thirty (30) days from the date of the appeal. The City Council may appoint a hearing officer to take evidence and make findings and recommendations if the Planning Commission presided over the initial appeal. The City Council shall render its decision within thirty (30) days after the hearing on the appeal. The decision of the City Council shall be final. SECTION 7. That Section 20.77.050 of the Newport Beach Municipal Code is hereby amended to read as follows: • Section 20.77.050 Appeal. An applicant for an amateur radio antenna permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within thirty (30) days after written notice of the decision of the Planning Director. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission shall render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event the applicant is not satisfied with the decision of the Planning Commission, the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within fourteen (14) days following notice of the action of the Planning Commission. The hearing before the City Council shall be set within thirty (30) days from the date of the appeal. The City Council may appoint a hearing officer to take evidence and make findings and recommendations if the Planning Commission presided over the hearing. The City Council shall render its decision within thirty (30) days after the hearing on the appeal. The decision of the City Council shall be final. SECTION 8. That Section 20.80.060, Section 20.80.070 and Section 20.80.075 of the Newport Beach Municipal Code are hereby amended to read as follows: 20.80.060 ACTION BY COMMISSION OR CITY COUNCIL. A. FINDINGS. In order to grant any Use Permit, the Planning Commission or the City Council in acting on appeals or reviewing any decision of the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. B. IMPOSITION OF CONDITIONS. The Planning Commission or the City Council in acting on appeals or in reviewing any decision of the Planning Commission may impose such conditions in connection with the granting of a Use Permit as they deem necessary to secure the purposes of this Title and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off - street parking facilities as determined in each case. In the event of an appeal to the City Council from a decision of the Planning Commission granting or denying a Use Permit, the Planning Commission shall file with the City Council prior to the hearing of the appeal written findings setting forth the reasons for the decision. •C. RENDERING OF DECISION. After the conclusion of the hearing on any application for a Use Permit, the Planning Commission shall render a decision within 35 days. Use Permits shall not become effective for fourteen (14) days after being granted, and in the event an appeal is filed or if the City Council shall exercise its right to review any such decision, the permit shall not become effective unless and until a decision granting the Use Permit is made by the City Council. The granting of any Use Permit pursuant to the provisions of this Title is hereby declared to be an administration function, the authority and responsibility for performing which is imposed upon the Planning Commission, and the action thereon by the Planning Commission shall be final and conclusive, except in the event of an appeal or an exercise of its right of review by the City Council. 20.80.070 USE PERMIT APPEAL. A. INITIATION OF APPEAL. 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 City Council by filing a notice of appeal with the City Clerk within fourteen (14) days following said action. Said notice of appeal shall be accompanied by a fee as established by Resolution of the City Council. B. DATE - NOTICE. THE City Clerk shall set a date for public hearing and give notice in the manner prescribed in Section 20.80.050. The City Clerk shall notify the appealing • party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission. Upon receiving notice of appeal to the City Council, the Planning 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 considered by the Planning Commission in reaching a decision. C. DECISION. The City Council shall render its decision within 30 days after the close of such hearing. 20.80.075 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 Planning Commission granting a Use Permit. The City Council's right of review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any Use Permit proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.80.050. The City Clerk shall also give 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 Planning Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. • SECTION 9. That Section 20.81.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.81.070 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 fourteen (14) calendar days following the decision of the Committee. B. FEE. To partially defray the administrative costs of the City, the Notice of Appeal shall be accompanied by a fee as established by Resolution of the City Council. C. DATE - NOTICE. The Planning Commission shall set a date for public hearing and give notice in the same manner as prescribed in Section 20.81.040. 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 City Council by filing a Notice of Appeal with the City Clerk within fourteen (14) days following said action. Said Notice of Appeal shall be accompanied by a fee as established by Resolution of the City Council. (2) DATE - NOTICE. The City Clerk shall set a date for public hearing and give notice in the same manner as prescribed in Section 20.81.040. 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 Planning 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 considered by the Planning Commission in reaching a decision. • (3) DECISION. The City Council shall render its decision within thirty (30) days after the close of such hearing. F. RIGHT OF REVIEW BY CITY COUNCIL OR PLANNING COMMISSION. The Planning Commission or City Council, on their own motions, adopted by four affirmative votes, may elect to review any decision of the Modifications Committee approving an application for a modification. The City Council on its own motion, adopted by four affirmative votes, may also elect to review any decisions of the Planning Commission approving an application for a modification. In the case of a decision from the Modifications Committee, the Planning Commission's or City Council's right of review may be initiated at arty time prior to the expiration of fourteen (14) days from the date on which the Modifications Committee renders its decision. Said review may be initiated by any member of the Planning Commission or the City Council by notification to the Planning Director. The Planning Director will thereafter impose a temporary stay of the Modifications Committee's action until such time as the Planning Commission or City Council shall meet and decide to exercise their right of review by four affirmative votes. In the case of a decision from the Planning Commission, the City Council's right of review may be initiated at any time prior to the expiration of fourteen (14) 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 review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.81.070E(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 Planning Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. SECTION 10. That Section 20.82.050, Section 20.82.060 and Section 20.82.070 of the Newport Beach Municipal Code are hereby amended to read as follows: 20.82.050 ACTION BY COMMISSION, DIRECTOR OR CITY COUNCIL. A FINDINGS. In order to grant any variance, the findings of the Planning Commission, the Planning Director or the City Council in acting on appeals, shall be that the applicant has established the grounds for variance set forth in this Chapter. B. CONDITIONS. The Planning Commission, Planning Director, or City Council in acting on appeals, may designate such conditions in connection with the granting of a variance as they deem necessary to secure the purposes of this Title, and may require such guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off - street parking facilities as determined in each • case. C. RENDERING OF DECISION. After the conclusion of the hearing on any application for a variance, the Planning Commission or the Planning Director shall render a decision within 35 days following the close of the hearing on the application. A variance shall not become effective for fourteen (14) days after being granted, and in the event an appeal is filed, the variance shall not become effective unless and until a decision granting the variance is made by the City Council on such appeal. The granting of any variance, when conforming to the provisions of this Title, is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Planning Commission and Planning Director and the action thereon by the Planning Commission or Planning Director shall be final and conclusive except in the event of an appeal as hereinafter provided. 20.82.060 APPEAL. A. INITIATION OF APPEAL. In case the applicant or any person, firm or corporation is not satisfied with the action of the Planning Commission or the Planning Director, he may appeal to the City Council by filing a written notice of appeal with the City Clerk within fourteen (14) days after the decision is made. Said notice of appeal shall be accompanied by a fee as established by Resolution of the City Council. •B. DATE - NOTICE. The City Clerk shall set a date for public hearing of the appeal and give notice as required in Section 20.82.040. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission, or the Planning Director if the appeal is from a decision of the Planning Director. Upon receiving notice of an appeal to the City Council, the written findings of the Planning Commission or the Planning Director shall be submitted to the City Council, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commission or the Planning Director in reaching a decision. C. DECISION. The City Council shall render its decision within 60 days after the filing of such appeal. 20.82.070 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 Planning Commission granting a Variance. The City Council's right of review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any Variance proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.82.040. The City Clerk shall also give 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 Planning is Director shall submit a written report of the Planning Commission proceedings, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision SECTION 11. That Section 20.84.040 and Section 20.84.060 of the Newport Beach Municipal Code are hereby amended to read as follows: 20.84.040 ACTION BY PLANNING COMMISSION. Following the hearing provided for by Section 20.84.030, the Planning Commission shall approve or disapprove the proposed amendment. If approved, the Planning Commission shall make and file a report of its findings and recommendations with the City Council. The Planning Commission shall make its decision and file its report no later than ninety (90) days after the first published notice of the Planning Commission hearing, unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Plan- ning Commission to take action on the proposed amendment or failure to report within the time limit shall be deemed to be approval of the proposed amendment by the Planning Commission. If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within fourteen (14) days after such • disapproval. 20.84.060 RIGHT OF REVIEW BY CITY COUNCIL. Any proposed amendment to this Title, initiated by the City of Newport Beach, which is disapproved by the Planning Commission, may be reviewed by the City Council on its own motion, adopted by four affirmative votes. The City Council's right to review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commis- sion renders its decision. In any amendment proceeding in which the City Council exercises its right of review, the City Clerk shall set the matter for public hearing, giving notice thereof as prescribed in Section 20.84.030. The City Clerk shall also give written notice to the Planning Commission and to the Planning Department. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission's proceedings, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commission in reaching its decision. SECTION 12. That Section 20.85.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.85.010 APPEAL PROCEDURE. • A. AUTHORITY OF COMMISSION. The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this Title. B. APPEAL TO CITY COUNCIL. In case an applicant is not satisfied with the action of the Planning Commission on his appeal he may within fourteen (14) days appeal in writing to the City Council. C. NOTICE TO COMMISSION. Notice shall be given to the Planning Commission of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reason for action taken by the Commission or shall be represented at the Council meeting at the time the matter is heard. D. RENDERING OF DECISION. The City Council shall render its decision within thirty (30) days after the filing of such appeal. SECTION 13. 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. SECTION 14. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on thelUb day of April . 1994, and adopted on the 25th day of April, 1994, by the following vote, to wit: AYES, COUNCIL MEMBERS HEDGES, SANSONE, WATT, TURNER, HART, COX, DERRY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE l o il 40' 0100!-Toom-IRE Ellaw 021-1111115:117" 20, W)mF // • •