HomeMy WebLinkAbout09 - Request to Initiate a Zoning Code Amendment Regarding Appeal ProceduresCITY OF
NEWPORT BEACH
City Council Staff Report
February 10, 2015
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt@newportbeachca.gov
PREPARED BY: Kimberly Brandt, Community Development Director
PHONE: (949) 644 -3226
TITLE: Request to Initiate a Zoning Code Amendment Regarding Appeal Procedures
ABSTRACT:
The initiation of a zoning code amendment which would allow members of the City Council and Planning
Commission to appeal land use decisions, in addition to an interested party, and to be exempt from paying
any filing fee.
RECOMMENDATION:
a) Find that this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to
Sections 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; and
b) Direct staff to initiate an amendment to the procedures included in Chapter 20.64 Appeals of the
Zoning Code that would allow members of the City Council and Planning Commission to initiate an appeal
of the Community Development Director, Zoning Administrator, Planning Commission, and Hearing Officer
as appropriate, and to be exempt from paying any filing fee.
FUNDING REQUIREMENTS:
Should Council initiate this code amendment, it will be prepared using existing staff resources, no
additional funding is required.
DISCUSSION:
A recent State of California Appellate Court decision determined that the City's Municipal Code makes no
provision for appeals by Council Members acting in their role as Council Members. Chapter 20.64
Appeals of the Zoning Code states that "any interested party' is eligible to file an appeal. Staff
recommends that the procedures and eligibility requirements be expanded to include members of the City
Council and Planning Commission. Staff also recommends that the Code be revised to state that City g_t
Council Members and Planning Commissioners acting in their respective roles be exempt from paying the
appeal filing fee.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality
Act ( "CEQA ") pursuant to Sections 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 for resulting in physical change to the environment, directly or indirectly. This
action would place an item for consideration on a future meeting agenda. Environmental analysis would be
performed consistent with CEQA prior to acting on any proposed code amendment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
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