Loading...
HomeMy WebLinkAbout04 - Appeal and Call for Review Procedures Code Amendment - Second Reading (PA2015-029)CTY OF F NEWPORT BEACH City Council Staff Report April 28, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Gregg Ramirez, Senior Planner PHONE: (949) 644 -3219 TITLE: Appeal and Call for Review Procedures Code Amendment - Second Reading (PA2015 -029) ABSTRACT: The second reading and adoption of Ordinance No. 2015 -8, approving Zoning Code Amendment No. CA 2015 -001 and the second reading of Ordinance No. 2015 -009 amending various other sections of the Newport Beach Municipal Code. Both ordinances clarify the appeal and call for review procedures for City Council Members, Planning Commissioners, and other appointed officials. RECOMMENDATION: a) Conduct second reading and adopt Ordinance No. 2015 -8, An Ordinance of the City Council of the City of Newport Beach Amending Title 20 of the Newport Beach Municipal Code Related to Planning Commission and City Council Appeals and Calls for Review (PA2015 -029) (Staff Report Attachment No. CC 1) b) Conduct second reading and adopt Ordinance No. 2015 -9, An Ordinance of the City Council of the City of Newport Beach Amending Various Sections of the Newport Beach Municipal Code Related to Appeals and Calls for Review (Staff Report Attachment No. CC 2) FUNDING REQUIREMENTS: There are no funding requirements associated with this item. DISCUSSION: On April 14, 2015, after a noticed public hearing, the City Council introduced and passed to second reading Ordinance No. 2015 -8 that approved Code Amendment No. CA2015 -001 and Ordinance No 2015 -9. The ordinances amend the Zoning Code and various other sections of the municipal code to include call for review provisions that apply to City Council Members, Planning Commissioners, and other appointed officials. At the April 14, 2015, a resident noted (and the City Attorney confirmed) that aspects of the draft ordinance a affected sections of the code that no longer were in place. These corrections were identified at the April 14, 2015 meeting and incorporated into approval as a part of the first reading. This second reading and proposed adoption includes those corrections. ENVIRONMENTAL REVIEW: This action is covered by the general rule that California Environmental Quality Act (CEQA) applies only to projects, which have potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)). 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). ATTACHMENTS: Description Attachment CC 1 - Ordinance for Title 20 Attachment CC 2 - Ordinance Amending Various Muni Codes a Attachment No. CC 1 Ordinance Amending Title 20 Ml ORDINANCE NO. 2015 -8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO PLANNING COMMISSION AND CITY COUNCIL APPEALS AND CALLS FOR REVIEW (PA2015 -029) WHEREAS, on February 10, 2015, the City Council of the City of Newport Beach ( "City ") initiated an amendment of the Zoning Code to clarify the process for Planning Commission and City Council calls for review of decisions and appeals by lower review authorities; WHEREAS, when the Zoning Code was comprehensively updated in 2010, the appeal process did not include procedures specific for Planning Commissioners and City Council Members to call an item up for review, as it was determined they would follow the same appeal process as any interested party; WHEREAS, a recent State of California Appellate Court decision suggested that the City's Municipal Code may be ambiguous regarding calls for review by City Council Members acting in their role as City Council Members; WHEREAS, this code amendment codifies the call for review process for Planning Commissioners and City Council Members when reviewing decisions made under Title 20; and WHEREAS, a public hearing was held by the Planning Commission on March 5, 2015 and by a vote of (7 -0), the Planning Commission, based upon the record and testimony submitted at the hearing, recommended the City Council adopt Zoning Code Amendment No. CA2015 -001 (PA2015 -029) to explicitly add language to the Municipal Code to allow Planning Commissioners and City Council Members to call items up for review. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 20.50.030 of Title 20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended as follows: Table 5 -1 (Review Authority) in Section 20.50.030 is hereby amended to delete footnote No. 4 and all references within Table 5 -1 to footnote No. 4. Section 2: Subsection 20.52.030(F)(2) of Title 20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended to read as follows: Decisions of the review authority may be appealed or called for review in compliance with Chapter 20.64. la! Ordinance No. 2015 -8 Page 2 of 5 Section 3: Subsection 20.52.070(D)(1)(b) of Title 20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended to read as follows: The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, call for review, and appeal procedures identified for any other discretionary permit. Section 4: Chapter 20.64 of Title 20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended to read as follows: Chapter 20.64 APPEALS AND CALLS FOR REVIEW 20.64.010 Purpose. The purpose of this chapter is to provide procedures for the appeal or call for review of determinations and decisions of the Director, Zoning Administrator, Hearing Officers, and Commission. Any provision in Title 20 relating to appeals shall be considered a call for review and processed according to this chapter when initiated by a member of the Commission or City Council under Section 20.64.030(A) if the purpose for the call for review is to bring the matter in front of the entire body for review. 20.64.020 Appeals or Calls for Review. A. Director. Interpretations or decisions of the Director may be appealed or called for review to the Commission. B. Zoning Administrator. Decisions of the Zoning Administrator may be appealed or called for review to the Commission. C. Hearing Officer. Decisions of a Hearing Officer may be appealed or called for review to the Planning Commission. D. Planning Commission. Decisions of the Commission may be appealed or called for review to the City Council. 20.64.030 Filing and Processing of Appeals and Calls for Review. A. Eligibility. Appeals may be initiated by any interested party. Calls for review may be initiated by a member of the Commission or City Council, in the member's official capacity, if the purpose for the call for review is to bring the matter in front of the entire body for review. B. Timing and Form of Appeal. An appeal initiated by an interested party shall be submitted in writing and shall state the facts and basis for the appeal. A call for review initiated by a member of the Commission or City 4 -5 Ordinance No. 2015 -8 Page 3 of 5 Council, in their official capacity, shall be submitted in writing and shall be for the purpose of bringing the matter in front of the entire body for review. 1. Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). a. Appeals addressed to the Commission shall be filed with the Director on forms provided by the Department; b. Appeals addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk; C. Calls for review addressed to the Commission shall be filed with the Director on forms provided by the Department; and d. Calls for review addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk. 2. Filing.Fee. An appeal shall be accompanied by the filing fee identified in the City's master fee schedule. A call for review is exempt from the payment of a filing fee under Code Section 3.36.030, or any successor provision. C. Report, Scheduling, Noticing, and Conduct of Hearing. 1. The decision from which an appeal or a call for review has been made has no force or effect as of the date on which the appeal or call for review is filed. When an appeal or call for review has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority identified in Section 20.64.020 (Appeals). 2. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings). 3. Conduct of Hearing. a. Review of an appeal from a decision of the Hearing Officer, Zoning Administrator, Commission, or the Director, including Director interpretations, shall be de novo. A call for review of a decision of the Zoning Administrator, Hearing Officer, Commission, or the Director, including Director interpretations, shall be de novo. The body hearing a matter that is called for review shall follow the same procedure applicable to the lower hearing. M. Ordinance No. 2015 -8 Page 4 of 5 b. The review authority is not bound by the decision that has been appealed or called for review, or limited to the issues raised on appeal or at the lower hearing. c. The review authority shall hear testimony of the appellant, if any, the applicant, and any other interested party. d. The review authority shall consider the same application, plans, and project - related materials that were the subject of the original decision, unless otherwise deemed relevant by the review authority. D. Decision on Appeal or Call for Review. 1. As provided in this Zoning Code, the review authority may, based upon findings of fact about the particular case: a. Affirm, affirm in part, or reverse in whole or in part the action, determination, or decision that is the subject of the appeal or call for review. Adopted findings shall identify the reasons for the action; b. Adopt additional conditions of approval to address issues or concerns raised during the hearing; or C. Deny the permit approved by the previous review authority, even where the appellant, if any, only requested a change or elimination of one or more conditions of approval. 2. If new or different evidence is presented on appeal or review, the Commission or City Council may refer the matter to the previous review authority for further consideration. 3. In the event of a tie vote by the review authority on an appeal or call for review, the lower decision shall stand. 20.64.040 Judicial Review of City Decision. A person shall not seek judicial review of a City decision on a permit or other matter until all appeals or calls for review, if applicable, to the Commission and City Council have been first exhausted in compliance with this chapter. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The 4 -7 Ordinance No. 2015 -8 Page 5 of 5 City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 7: The City Council finds the introduction and approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 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 to have a significant effect on the environment. Section 8: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of April, 2015, and adopted on the 28th day of April, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Edward D. Selich Mayor ATTEST: Leilani I. Brown City Clerk APPRO ED�AS TO FORM: The tt A16'rney's Office Aaron C-hiarp City Attorney Wil Attachment No. CC 2 Ordinance Amending Various Municipal Code Sections 29 ORDINANCE NO. 2015 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO APPEALS AND CALLS FOR REVIEW WHEREAS, a recent State of California Appellate Court decision suggested that the City of Newport Beach's ( "City ") Municipal Code may be ambiguous regarding calls for review by City Council Members acting in their role as City Council Members; WHEREAS, on February 10, 2015, the City Council initiated an amendment of the Zoning Code to clarify the process for Planning Commission and City Council calls for review of decisions and appeals by lower review authorities; WHEREAS, as part of staffs review of the Zoning Code, staff reviewed the entirety of the Municipal Code to clarify the call for review process; and WHEREAS, staff recommends the City Council amend the Municipal Code to clarify the procedure by which higher bodies call items up for review. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Exhibit "A" in Section 3.36.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 1=117i%1 The City's cost of providing the following services shall be recovered through direct fees charged for services in the percentages or dollar amounts indicated. Service Percentage of Cost or Amount to Be Recovered from Direct Fees Building Preliminary Plan Review 75% Planning Appeals to City Council 50% mus Ordinance No. 2015 -9 Page 2 of 30 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Appeals to Planning Commission 50% Recreation and Senior Services Adult Sports Adult Sports 62% Adult Drop -In Sports 15% Rentals 50% Badge Replacement 45% After School /Camp Programs Camps 40% After - School /Teen Program 20% Pre - School Program 40% Aquatics 20% Contract Classes 60% Class Refunds $74 or less 29% $75 or more 59% Youth Sports 25% 4 -11 Ordinance No. 2015 -9 Page 3 of 30 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Special Events — Levels 1, 2, and .3 Resident Up to 45% Nonresident Up to 85% Appeal to City Council 25% Senior Services Oasis Transportation 5% Contract Classes 50% Oasis Rentals 45% Fitness Center 50% Marine Environment Services — Marine Preserve Tours 15% Library Services Meeting Room Rentals 1% Rentals — Materials 20% Inter - Library Loan 10% Fire and Marine Emergency Operations Services 4 -12 Ordinance No. 2015 -9 Page 4 of 30 4 -13 Percentage of Cost or Amount to Be Recovered from Service Direct Fees Advanced Life Up to 80% Support— Escorted Advanced Life Up to 80% Support—Not Escorted Basic Life Support— Up to 80% Escorted Basic Life Support—Not Up to 80% Escorted State - Mandated Inspections Day Care Facilities 25% Marine Junior Guards 82.1% Police Initial Concealed Maximum Weapons Permit Permitted by Law Concealed Weapon Maximum Permit Renewal Permitted by Law Bike Licenses 17% Subpoena Duces Tecum Maximum Permitted by Law Vehicle Release 91% Domestic Violence 0% Reports 4 -13 Ordinance No. 2015 -9 Page 5 of 30 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Missing Persons Report 0% Second Hand /Pawn Dealer Tag Check 0% Registrant —Sex 0% Registrant— Narcotics 0% Public Works Engineering Encroachment Permit without Traffic Engineer Review 88% Encroachment Permit with Traffic Engineer Review 57% Appeal of Lease /Permit under Section 17.60.080 $100 Finance Parking Reviews 0% Parking Hearings 0% Admin. Cite Hearings 0% Municipal Operations Construction Water Meter Establishment 30% Ordinance No. 2015 -9 Page 6 of 30 Service Percentage of Cost or Amount to Be Recovered from Direct Fees City Council, Board, Commission, Committee or Any Individual Member Thereof when Acting within the Scope of Their Official Duties Review from a Lower $0 Body or Official Section 2: Section 5.12.080 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.12.080 Grounds for Revocation. Any certificate or permit granted under the provisions of this chapter may be revoked by the City Manager, either as a whole or as to any person or vehicle described therein or as to the right to use any distinctive color, monogram or insignia, for any of the following reasons: A. That the document required by Section 5.12.070 has not been filed or has been withdrawn or lapsed or is not in force for any reason. B. For the nonpayment of any City business license or other fees provided by this title. C. For the breach of any rules, regulations or conditions set out in this Code or the certificate. D. For the violation of any of the laws of the State of California or the City with respect to the operation of the business by any certificate holder, or repeated violations by operators or drivers of any vehicle covered by such certificate. E. For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram or insignia 4 -15 Ordinance No. 2015 -9 Page 7 of 30 described in the application, or for deviation from the schedule or rates and fares set forth in the application. F. For any cause which the City Council finds makes it contrary to the public health, interest, convenience, necessity or general welfare for the certificate or permit to be continued. In any such case, the certificate or permit holder shall have the right to appeal to the City Council or a member of the City Council may call an item for review in a time and manner set forth in this section. When the City Manager concludes that the grounds for revocation of a certificate or permit exists, the City Manager shall serve the certificate or permit holder, either personally or by certified mail addressed to the business address of the certificate or permit holder, with a notice of revocation of the certificate or permit. The notice shall state the reasons for the revocation, the effective date of revocation if no appeal is filed by the certificate or permit holder, and the right of the certificate or permit holder to appeal to the City Council and the decision to revoke the certificate or permit. If an applicant is aggrieved by any action of the City Manager in revoking any certificate or permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing of the time and place set forth the hearing on his or her appeal or a call for review. The right to appeal to the City Council or file a call for review from the revocation of any certificate or permit required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Manager and of his or her right to appeal such action to the Citv Council. The City Council of the City of Newport Beach may preside over the revocation hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the City of Newport Beach. The City Council shall preside over call for review hearings. The City Council of the City of Newport Beach M. Ordinance No. 2015 -9 Page 8 of 30 shall render its decision within forty -five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed within forty -five (45) days on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. Section 3: Section 5.14.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.14.070 Termination or Suspension of Agreement. A. The City Manager may terminate or suspend the agreement on one or more of the following grounds: 1. The certificate holder has not filed adequate evidence of insurance coverage with the City Clerk, or has allowed its insurance coverage to lapse or be canceled; or 2. The violation of any rule, regulation or condition set forth in or authorized by this chapter; or made a condition of the agreement; or 3. The violation of any laws of the State of California, County of Orange, or City with respect to the operation of the business by the contractor, or repeated violations by employees of the contractor; or 4. Failure to maintain satisfactory service to the public, or for failure to keep any ambulance in a safe and sanitary and fully operational condition, or for deviation from the schedule of rates approved by the City Council; or 5. The lapse or loss of any license, permit or other approval necessary to the services provided pursuant to the agreement; or 6. Unethical conduct or malpractice by contractor or its employees as determined either by a court of competent jurisdiction or by such review processes as are, or may be established by Chapter 5.14 of the Newport Beach Municipal Code; or 7. The breach by contractor of any provision of the agreement. In any such case, the certificate holder shall have the right to appeal to the City Council or a member of the City Council may call an item for review in the time and manner set forth in this section. B. When the City Manager concludes that grounds for termination or suspension exist, the City Manager shall serve the contractor, either personally or by certified mail addressed to the business address of the contractor, with a notice of intent to terminate or suspend the agreement. This notice shall state the reasons for the proposed termination or 4 -17 Ordinance No. 2015 -9 Page 9 of 30 suspension, the right to appeal and effective date of the termination or suspension, if no appeal is filed by contractor. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The right to appeal to the City Council or call an item for review shall terminate upon the expiration of fifteen (15) days following the personal service or deposit of the notice of intent to terminate or suspend the agreement in the United States mail, whichever shall occur first. The City Council may preside over the hearing on appeal, or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall preside over a call for review hearing. The City Council shall render its decision within forty -five (45) days from the hearing or the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. Section 4: Subsection 5.20.050(H) of the Newport Beach Municipal Code is hereby amended to read as follows: H. Appeal or Call for Review. Any person aggrieved by the action of the Chief of Police or the City Manager in the denial of an application for permit or renewal of permit as provided heretofore, shall have the right of appeal to the City Council of the City of Newport Beach. Such appeal shall be taken by filing with the City Council within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. A member of the City Council, in their official capacity, may call for review any action of the Chief of Police or the City Manager in the denial of an application for permit or renewal of permit for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk, within fourteen (14) days after notice of the action of the Chief of Police or the City Manager has been mailed to such person's last known address. The City Council shall set a time and place for a hearing of such appeal or call for review and notice of such hearing shall be given to the appellant, if any, in the same manner as provided in subsection (G) of this section for notice of hearing on revocation. The decision of the City Council on such appeal or call for review shall be final and conclusive. MU Ordinance No. 2015 -9 Page 10 of 30 Section 5: Section 5.28.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.28.070 Appeals and Calls for Review. A. If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on part of the City Manager. A member of the City Council, in their official capacity, may call for review any action on a permit by the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing of the time and place set for the hearing on his or her appeal or call for review. B. The right to appeal to the City Council from the denial, suspension or revocation of any permit, or a call for review regarding the same, required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Manager and of his or her right to appeal such action to the City Council. C. The hearing shall be held within twenty (20) days of the receipt by City Clerk of the appeal or call for review, or at the next regularly scheduled Council meeting, whichever is sooner. D. The City Council of the City of Newport Beach may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the City of Newport Beach. The City Council shall preside over a call for review hearing. The City Council of the City of Newport Beach shall render its decision within five (5) days from the date of the hearing or, in the event that a hearing officer has been appointed, within five (5) days on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. Section 6: Section 5.32.070 of the Newport Beach Municipal Code is hereby amended to read as follows: MU Ordinance No. 2015 -9 Page 11 of 30 5.32.070 Appeals and Calls for Review. If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing his appeal or a call for review. The City Council at its next regular meeting held not less than five (5) days from the date on which such appeal or call for review shall have been filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and the decision of the City Council shall be final. The right to appeal to the City Council from the denial, suspension or revocation of any permit required by this chapter or call an item for review shall terminate upon the expiration of fifteen (15) days following the deposit of a registered letter in the United States Post Office advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. Section 7: Section 5.46.060 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.46.060 Appeal or Call for Review. A. Decision of Film Liaison. Any person aggrieved by the decision of the Film Liaison shall have the right to appeal the approval or disapproval of the application to the City Manager within five (5) calendar days after notice of the decision of the Film Liaison is mailed. The City Manager shall review the application de novo and shall render a decision within fourteen (14) days. B. Decision of City Manager. Any person aggrieved by the City Manager's decision shall have the right to appeal the approval or disapproval of the application to the City Council within five (5) calendar days after notice of the decision is mailed. The City Council shall review the application de novo and act upon the appeal within sixty (60) days after the filing thereof. :mss] Ordinance No. 2015 -9 Page 12 of 30 C. Call for Review. A member of the City Council, in their official capacity, may call for review any action of the Film Liaison or City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk, on a form provided by the Clerk, within five (5) calendar days after notice of the decision is mailed. The City Council shall review the application de novo and act upon the call for review within sixty (60) days after the filing thereof. Section 8: Reserved. Section 9: Section 5.70.055 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.70.055 Appeals and Calls for Review. The City Council shall have the power to hear and decide appeals based upon the enforcement or interpretation of the provisions of this chapter. Any permittee or owner who is aggrieved by any decision of the City Manager may appeal that decision by submitting a written notice of appeal to the City Clerk within twenty -one (21) days of the date on which notice of the decision was mailed. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk, on a form provided by the Clerk, within twenty -one (21) days of the date on which the notice of the decision was mailed. The City Council may preside over the hearing on appeal or may designate a hearing officer to take evidence and submit a proposed decision together with findings, within fifteen (15) days from the date of the hearing. The City Council shall preside over the hearing for a call for review. The City Council shall, within thirty (30) days from the date of the hearing, render its decision on the appeal or call for review, together with findings. The decision of the City Council shall be final. Section 10: Section 5.80.050 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.80.050 Revocation or Denial of License. The City Manager may refuse to issue or to renew a license or may revoke or suspend an existing license on any of the following grounds: 1. The applicant or license holder has failed to comply with any of the provisions of the California Penal Code. 4 -21 Ordinance No. 2015 -9 Page 13 of 30 2. The applicant or license holder has failed to comply with applicable provisions of the Newport Beach Municipal Code. 3. The applicant or license holder has failed to comply with applicable Federal firearms laws and regulations. 4. The applicant or license holder has made a material false, misleading, or fraudulent statement of fact to the City in the permit application process. In any such case, the applicant or license holder shall have the right to appeal to the City Council or a member of the City Council may call an item for review in the time and manner set forth in this section. When the City Manager concludes that grounds for suspension or revocation or refusal to renew a license exists, the City Manager shall serve the applicant or license holder, either personally or by certified mail addressed to the business address of the applicant or license holder, with a notice of intent to suspend or revoke or refuse to renew the license. This notice shall state the reasons for the proposed suspension, revocation, or refusal to renew, the effective date or if no appeal is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the City Council and the decision of the City Manager to suspend, revoke or refuse to renew the license. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The right to appeal to the City Council or call an item for review shall terminate upon the expiration of fifteen (15) days following the personal service or deposit of the notice of intent to suspend or revoke or refuse to renew the license in the United States Mail, whichever shall occur first. The City Council of the City of Newport Beach may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the City of Newport Beach. The City Council shall preside over a hearing for a call for review. The City Council shall render its decision within forty -five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty -five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. Section 11: Section 5.90.090 of the Newport Beach Municipal Code is hereby amended to read as follows: 4 -22 Ordinance No. 2015 -9 Page 14 of 30 5.90.090 Suspension, Revocation, Denial, Appeal, and Call for Review. The City Manager may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this chapter. No suspended permit may be renewed. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to the City Council or a member of the City Council may call an item for review in the time and manner set forth in this section. When the City Manager concludes that grounds for suspension, revocation or refusal to renew a permit exist, the City Manager shall serve the applicant or permit holder, either personally or by certified mail addressed to the business address of applicant or permit holder, with a notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed revocation, the effective date of the revocation if no appeal is filed by applicant or permit holder, and the right of the applicant or permit holder to appeal to the City Council and the decision of the City Manager to suspend, revoke or refuse to renew the permit. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The right to appeal to the City Council or call an item for review shall terminate upon the expiration of fifteen (15) days following the personal service or deposit of the notice of intent to suspend, revoke, or refuse to renew permit in the United States Mail, whichever shall occur first. The City Council of the City of Newport Beach may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the City of Newport Beach. The City Council shall preside over a hearing for a call for review. The City Council shall render its decision within forty -five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty -five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. Section 12: Subsection 5.96.045(D) of the Newport Beach Municipal Code is hereby amended to read as follows: 4 -23 Ordinance No. 2015 -9 Page 15 of 30 D. Appeal or Call for Review. Any person aggrieved by a decision to revoke a permit under this chapter may file an appeal with the City Clerk within ten (10) days of the decision. The request for the appeal shall state the grounds upon which the appeal is based. A member of the City Council, in their official capacity, may call for review any decision to revoke a permit. under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. Upon receipt, the City Clerk shall schedule an appeal or call for review hearing before the City Council or an appointed hearing officer and shall provide written notice of the time, date and location of the hearing to the applicant. The City Council shall hear all calls for review. The hearing shall be held no later than forty -five (45) days from the date the request for the appeal or call for review is received by the City Clerk. The City Council shall determine whether grounds for revocation of the adult- oriented business permit exists and shall render their decision at the conclusion of the hearing or upon recommendation of the hearing unless the applicant otherwise consents to a continuance. Section 13: Section 7.08.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 7.08.070 Appeals and Calls for Review. If any person is aggrieved by any action of the City Manager taken pursuant to this chapter, such person may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing his appeal or a call for review. The City Council at its next regular meeting held not less than five (5) days from the date on which such appeal or call for review shall have been filed with the City Clerk, shall hold a hearing. The City Council may sustain, overrule or modify the action of the City Manager and its decision shall be final. The right to appeal to the City Council from any action or decision of the City Manager or the right to file a call for review under this chapter shall terminate upon the expiration of fifteen (15) days following the giving of notice to the applicant advising him or her of the action of the City Manager. :d3! Ordinance No. 2015 -9 Page 16 of 30 Section 14: Section 10.50.080 of the Newport Beach Municipal Code is hereby amended to read as follows: 10.50.080 Appeal and Call for Review. A. The decision of the City Manager may be appealed to the Appeals Board by the owner or any person owning property within three hundred (300) feet of the property that was the subject of the hearing or may be called for review by a member of the City Council. The appeal or call for review must be filed with the City Clerk no more than ten (10) days after the date of the posting and service of the order and the appeal must be accompanied by the fee established by resolution. A call for review by a member of the City Council is exempt from the payment of a fee. The order of abatement shall be suspended pending action of the Appeals Board if an appeal or call for review is filed. B. The notice of appeal shall specify: 1. A description of the property; 2. The proceedings that are the subject of the appeal; 3. The standing of the appellant; 4. A statement of disputed and undisputed facts; 5. A statement specifying the portion of the abatement proceedings being appealed together with any evidentiary or supporting materials that would support the appeal; and 6. A verification of the truth of all matters asserted in the appeal. C. A call for review initiated by a member of the City Council, in their official capacity, shall be for the purpose of bringing the matter in front of the entire body for review. D. Assuming the timely filing of a notice of a proper appeal or call for review, the City Clerk shall place the appeal or call for review on the agenda of a regular meeting of the City Council scheduled to be held within thirty (30) days after the appeal or call for review is filed. The City Clerk shall provide written notice of the appeal or call for review, including the time, place and date of the hearing on the appeal or call for review, to the appellant, if any, and any other person to whom notice of the City Manager's order was sent. The notice shall be sent in the same manner as notice of hearing. The Appeals Board may limit the issues on appeal to those raised in the notice of appeal. A call for review is de novo. The Appeals Board shall declare its findings by resolution and in the event a nuisance is declared, uphold or modify the order of the Hearing Officer 4 -25 Ordinance No. 2015 -9 Page 17 of 30 and order the owner to abate the nuisance. A copy of the resolution shall be posted on the property and sent to all persons to whom, and in the same manner, notice of the City Manager's order was sent and to all persons who have, in writing, requested notice at or before the hearing on the appeal or call for review. Section 15: Subsection 11.03.060(H) of the Newport Beach Municipal Code is hereby amended to read as follows: H. Appeals or Calls for Review of City Manager Decision. The City Manager's decision under subsection F or G above shall be rendered within ten days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one or more of the findings for denial set out in subsection 4 of Section 11.03.060(E), in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in subsection 5 of Section 11.03.060(E). The City Clerk shall notify the Applicant in writing within five days of the City Manager's decision. The City Manager's decision on an appeal under subsection F above for all Level 2 permits shall be final. The City Manager's decision under subsection G above, and on all Level 3 permits may be appealed or called for review pursuant to Section 11.03.100. Section 16: Section 11.03.100 of the Newport Beach Municipal Code is hereby amended to read as follows: 11.03.100 Appeals and Calls for Review. If an applicant is aggrieved by any decision of the City Manager under this chapter, the applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the City Manager's decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the City Council. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall provide written notification of the time and place set for hearing the appeal or call for review. The City Council at its next regular meeting held not less than ten (10) days from the date on which the appeal or call for review was filed with the City Clerk, shall hear the appeal or call for review and all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final. Ordinance No. 2015 -9 Page 18 of 30 The right to appeal or call an item for review shall terminate upon the expiration of ten (10) days following personal delivery to the applicant or the deposit of a letter in the United States mail advising the applicant of the action of the City Manager. Section 17: Section 12.62.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.62.040 Appeal and Call for Review. If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, falling to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager in issuing, failing to issue, suspending, or revoking any permit under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by certified mail of the time and place set for hearing his appeal or call for review. The City Council at its next regular meeting held not less than five (5) days from the date on which such appeal or call for review shall have been filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and the decision of the City Council shall be final. The right to appeal or call an item for review regarding the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. Section 18: Section 12.64.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.64.070 Appeal or Call for Review. Any person whose application for a permit is denied or revoked may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after notification by the Chief of Police that said permit has been denied. A member of the City Council, in their official capacity, may call for review any decision of the Chief of Police under this chapter by filing written notice with the City Clerk within 4 -27 Ordinance No. 2015 -9 Page 19 of 30 ten (10) days after the Chief of Police's decision. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. The City Council shall thereupon conduct a hearing on said appeal or call for review within thirty (30) days from the date of filing said notice of appeal or call for review with the City Clerk. The decision of the City Council shall be final and conclusive upon all persons concerned. Section 19: Section 13.01.080 of the Newport Beach Municipal Code is hereby amended to read as follows: 13.01.080 Appeal or Call for Review. Any applicant aggrieved by a decision of the Public Works Director shall have the right to appeal the decision to the City Council by filing written notice of appeal, the appeal must be filed with the City Clerk within ten (10) days from the date on which notice of the decision is deposited in the U.S. Mail, postage prepaid and addressed to the parties as provided on the application for permit. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director under this chapter by filing written notice with the City Clerk within ten (10) days from the date on which notice of the decision is deposited in the U.S. Mail, postage prepaid and addressed to the parties as provided on the application for permit. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. The City Council shall, within thirty (30) days from the date on which an appeal is received or a call for review is filed, schedule a hearing on the appeal or call for review within a reasonable period of time. The City Council may preside over the hearing on appeal, or may designate a hearing officer to take evidence and submit a proposed decision, together with findings, to the City Council within fifteen (15) days from the date of the hearing. The City Council shall hear all decisions called for review. The City Council shall render its decision within thirty (30) days from the date of the hearing, and the decision of the City Council shall be final. Section 20: Section 13.05.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 13.05.040 Appeal and Call for Review. If any person is aggrieved by any decision of the City Manager in acting upon an application for waiver, he may take an appeal to the City Council by filing a written statement setting forth the grounds of appeal with the City Clerk. A member of the City Council, in their official capacity, may call for review any decision of the City Manager in acting upon an application for a waiver for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a Ordinance No. 2015 -9 Page 20 of 30 form provided by the Clerk. The City Clerk shall notify the applicant of the time and place set for the hearing by registered mail. The right to appeal or call for review a decision of the City Manager shall terminate upon the expiration of fifteen (15) days following the deposit of a registered letter in the United States Mail advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. Section 21: Section 13.06.060 of the Newport Beach Municipal Code is hereby amended to read as follows: 13.06.060 Closure as Condition of Building Department Approval. No final approval or certificate of occupancy shall be given by the Community Development Department for the completion of any work involving the construction, alteration, enlargement or demolition of any building on any lot or parcel of property until all curb cuts and driveway approaches, which the Public Works Director has determined are no longer needed or used for reasonable vehicular access to said property, are altered or removed in accordance with the determination of the Public Works Director and the City's Standard Plans and Specifications for Public Works. The foregoing requirement may be satisfied by a written agreement to do any such work, executed by the property owner or lessee and the Public Works Director, and secured by a bond, letter of credit or other security, approved by the City Attorney. Any decision of the Public Works Director made pursuant to this section may be appealed to the City Council or called for review. Section 22: Section 13.06.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 13.06.070 Right of Appeal and Call for Review. Any person who objects to or disagrees with any decision of the Public Works Director which is made pursuant to this chapter shall have the right to appeal to the City Council by filing written notice of appeal with the City Clerk within thirty (30) days after receiving notice of the decision of the Public Works Director. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director which is made pursuant to this chapter by filing written notice of appeal with the City Clerk within thirty (30) days after the decision of the Public Works Director. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. Upon receiving such a notice of appeal or call for review, the City Clerk shall set the appeal or call for review for hearing by the City Council at a meeting not more than thirty (30) days thereafter, and shall advise the appellant, if any, of the date, :�] Ordinance No. 2015 -9 Page 21 of 30 time and place on which the appeal or call for review will be heard at least ten (10) days prior to such date. On the date of the hearing, the City Council shall proceed to hear and pass upon the appeal or call for review, and its decision thereon shall be final and conclusive. The City Clerk shall notify the property owner by mail of the decision of the City Council. Section 23: Section 13.07.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 13.07.040 Performance of Work by City. Unless the work required by such notice to replace shall be commenced by the owner within sixty (60) days after mailing said notice, and shall be diligently prosecuted to completion, or in case of an appeal to the City Council or call for review within thirty (30) days from the date of its decision on the appeal or call for review, unless such appeal or call for review shall be resolved in favor of the property owner, the Public Works Director shall cause said work to be done, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property. However, if upon appeal to the City Council or call for review, the work required to be done by the notice to replace is modified, the Public Works Director shall be governed by such modification in performing the work. Section 24: Section 13.07.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 13.07.070 Right of Appeal and Call for Review. Any property owner who objects to or disagrees with any determination of the Public Works Director rendered pursuant to Section 13.07.010 of this chapter shall have the right to appeal to the City Council within fifteen (15) days from the date of mailing of the notice to replace by the Public Works Director by filing a written notice of appeal with the City Clerk. A member of the City Council, in their official capacity, may call for review any determination of the Public Works Director rendered pursuant to Section 13.07.010 of this chapter within fifteen (15) days from the date of the mailing of the notice to replace by the Public Works Director by filing a written notice with the City Clerk. The call for review shall be for the purpose of bringing the matter in front of the entire body for review. Upon receiving such notice of appeal or call for review, the City Clerk shall set the appeal or call for review for hearing by the City Council at a meeting not more than thirty (30) days thereafter and shall advise the appellant, if any, of the date, time and place on which the appeal or call for review will be heard, at least ten (10) days prior to such date. On the date of the hearing, the City Council shall proceed to hear and pass upon the appeal or call for review, and its decision thereon shall be final and conclusive. NFLO Ordinance No. 2015 -9 Page 22 of 30 The City Clerk shall notify the property owner of the decision of the City Council in the same manner as provided in Section 13.07.050 of this chapter. Section 25: Subsection 15.16.060(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Appeal or Call for Review. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may within fifteen (15) days appeal in writing to the City Council and shall be accompanied by a fee as established by resolution of the City Council. A member of the City Council, in their official capacity, may call for review any action of the Planning Commission within fifteen (15) days from the Planning Commission's action by filing a written notice with the City Clerk. The call for review shall be for the purpose of bringing the matter in front of the entire body for review and shall be exempt from the payment of a fee. The City Council shall set a date for public hearing and give notice as required in subsection (B). Notice shall be given to the Planning Commission of such appeal or call for review and the Commission shall submit a report to the City Council setting forth the reasons for the action taken by it, or shall be represented at the hearing. The City Council shall render its decision within sixty (60) days after the filing of such appeal or call for review. Section 26: Subsection 15.32.015(E) of the Newport Beach Municipal Code is hereby amended to read as follows: E. Right of Appeal or Call for Review. Any person dissatisfied with the decision of the Building Official may file a written statement, listing the reasons for the appeal with the City Council. A member of the City Council, in their official capacity, may call for review any decision of the Building Official for the purpose of bringing the matter in front of the entire body for review. Said appeal or call for review shall be filed with the City Clerk within fifteen (15) days after the decision of the Building Official is deposited in the mail. The City Council may overrule, modify or affirm the decision of the Building Official. Section 27: Subsection 15.45.080(F) of the Newport Beach Municipal Code is hereby amended to read as follows: F. Any interested party may appeal the Zoning Administrator's determination under subsection (C) of this section to the City Council by filing an appeal with the City Clerk, on forms provided by the Clerk, within fourteen (14) days following the date the determination was rendered. An 4 -31 Ordinance No. 2015 -9 Page 23 of 30 appeal shall be accompanied by the filing fee identified in the City's master fee schedule. A member of the City Council, in their official capacity, may call for review the Zoning Administrator's determination under subsection (C) of this section for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk, within fourteen (14) days following the date the determination was rendered, on a form provided by the Clerk. The determination from which an appeal or call for review has been made has no force of effect as of the date on which the appeal or call for review is filed. When an appeal or call for review has been filed, the Community Development Director shall refer the periodic review to the City Council, for de novo review, in accordance with subsection (D) of this section. Section 28: Subsection 15.50.180(E) of the Newport Beach Municipal Code is hereby amended to read as follows: E. Those aggrieved by the decision of the Building and Fire Board of Appeals may appeal such decision to the City Council as provided in Title 20. A member of the City Council may call for review any decision of the Building and Fire Board of Appeals under this chapter as provided in Title 20. Section 29: Section 17.40.160 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.40.160 Appeal or Call for Review. Appeals or calls for review to this chapter shall be made in accordance with Chapter 17.65. Section 30: Subsection 17.50.030(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Before issuing a permit for any work on oceanfront beaches or for any unusual type of harbor structure, or for a structure on which the applicant proposes a use that is not in keeping with the surrounding area, all property owners or long -term lessees within three hundred (300) feet of the proposed work shall be notified in writing by the Harbor Resources Division of the pending application. Notice will be sent ten (10) days prior to a decision by the Harbor Resources Division, and after the department has rendered a decision. The permit shall not be issued until the appeal or call for review period provided in Chapter 17.65 expires. Section 31: Section 17.50.110 of the Newport Beach Municipal Code is hereby amended to read as follows: 4 -32 Ordinance No. 2015 -9 Page 24 of 30 17.50.110 Appeal or Call for Review. Appeals or calls for review to this chapter shall be made in accordance with Chapter 17.65. Section 32: Section 17.65.010 of the Newport Beach Municipal Code is hereby amended to read as follows: Section 17.65.010 Authorization. A. Decisions of the Harbor Resources Manager resulting from the Manager's administration of this Code may be appealed to the Harbor Commission by any interested person. B Decisions of the Harbor Commission may be appealed to the City Council by any interested person. C. A member of the Harbor Commission, acting in their official capacity, may call for review, to the Harbor Commission, decisions of the Harbor Resources Manager resulting from the Manager's administration of this Code. D. A member of the City Council, acting in their official capacity, may call for review, to the City Council, decisions of the Harbor Commission. Section 33: Section 17.65.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.65.020 Time Limits. Appeals or calls for review shall be initiated within fourteen (14) days of the decision. Section 34: Section 17.65.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.65.030 Initiation. A. Filing of Appeals and Calls for Review. Appeals or calls for review of decisions of the Harbor Resources Manager shall be made in writing to the Harbor Resources Manager on forms provided by the Manager. Appeals or calls for review of decisions of the Harbor Commission shall be made in writing to the City Clerk on forms provided by the Clerk. The appeal shall state the facts and basis for the appeal. A call for review initiated by a member of the Harbor Commission or City Council, in their official capacity, shall be for the purpose of bringing the matter in front of the entire body for review. 4 -33 Ordinance No. 2015 -9 Page 25 of 30 B. Fee. Appeals shall be accompanied by a fee as established by resolution of the City Council. A call for review is exempt from the payment of a filing fee under Code Section 3.36.030, or any successor provision. C. Effect on Decisions. Decisions that are appealed or called for review shall not become effective until the appeal or review is resolved. Section 35: Section 17.65.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 17.65.040 Procedures. A. Hearing Date. An appeal or call for review shall be scheduled for a hearing before the appellate or review body within thirty (30) days of the filing of the appeal or review unless both applicant and appellant or review body consent to a later date. B. Notice and Public Hearing. An appeal or call for review hearing shall be a public hearing if the decision being appealed or called for review required a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed or called for review. C. Plans and Materials. At an appeal or review hearing, the deciding body shall consider only the same application, plans and project - related materials that were the subject of the original decision. D. Hearing. At the hearing, the deciding body shall review the record of the decision and hear testimony of the appellant, if any, the applicant and any other interested party. An appeal or call for review shall be de novo. E. Required Findings. At an appeal or review hearing, the deciding body shall make the findings prescribed in the individual chapters of this Code when affirming, modifying or reversing the original decision. F. Decision and Notice. After the hearing, the appellate (or reviewing body) shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the appellate (or reviewing) body shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) days of the close of the hearing. The Harbor Resources Manager shall mail notice of a Harbor Commission decision and the City Clerk shall mail a notice of a City Council decision. Such notice shall be mailed within five (5) working days after the date of the decision to the applicant and the appellant, if any. Section 36: Section 17.65.050 is hereby added to Chapter 17.65 of the Newport Beach Municipal Code to read as follows: lei! Ordinance No. 2015 -9 Page 26 of 30 17.65.050 Judicial Review of City Decision. A person shall not seek judicial review of a City decision on any matter until all appeals or calls for review, if applicable, to the Harbor Commission and City Council have been first exhausted in compliance with this chapter. Section 37: Subsection 17.70.020(D) of the Newport Beach Municipal Code is hereby amended to read as follows: D. Effective Date. The decision to revoke a permit shall become final fourteen (14) days after the date of decision, unless appealed or called for review. Section 38: Subsection 17.70.020(E) of the Newport Beach Municipal Code is hereby amended to read as follows: E. Rights of Appeal or Call for Review. Appeals or calls for review shall be as prescribed by Chapter 17.65, or any successor chapter. Section 39: Subsection 19.04.070(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Appeals and Calls for Review. Any interpretation of the provisions of this Code by the Community Development Director or the City Engineer may be appealed to the Planning Commission or called for review by a member of the Planning Commission under the same procedures as set forth in Title 20. Section 40: Subsection 19.12.050(1) of the Newport Beach Municipal Code is hereby amended to read as follows: I. Appeals and Calls for Review. 1. Initiation of an Appeal or Call for Review. Any interested person may appeal any action of the Planning Commission regarding a tentative tract map to the City Council. A City Council member may call for review any action of the Planning Commission regarding a tentative tract map. Calls for review may be initiated by a member of the City Council, in the member's official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. 2. Time Limits for Filing. Appeals or calls for review shall be filed with the City Clerk within ten (10) days after the action of the Planning Commission upon a form provided by the City Clerk. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing. 4 -35 Ordinance No. 2015 -9 Page 27 of 30 3. Fees. Any appeal filed by an interested person shall be accompanied by a filing fee set by resolution of the City Council pursuant to Section 66451.2 of the Government Code, or any successor statute. A call for review is exempt from the payment of a filing fee under Code Section 3.36.030, or any successor provision. 4. Hearing and Action. A public hearing shall be noticed and held prior to action on a tentative tract map appeal or call for review. The appeal or review hearing shall be noticed in accordance with Sections 65090, 65091 and 66451.3 of the Government Code, or any successor statutes, and shall be held within thirty (30) days after filing of the appeal or call for review. Within ten (10) days following the conclusion of the hearing, the City Council shall render its decision on the appeal or call for review. 5. Effect of Inaction. If the City Council does not make a decision on an appeal or call for review within the time limits specified, the tentative tract map, insofar as it complies with the Subdivision Map Act and this title, shall be deemed to be approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the City Clerk to certify or state that approval. Section 41: Subsection 19.12.060(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. Appeal or Call for Review of Zoning Administrator Action. 1. Initiation of Appeal or Call for Review. Any interested person may appeal any action of the Zoning Administrator regarding a tentative parcel map to the Planning Commission. Calls for review of any action of the Zoning Administrator regarding a tentative parcel map may be initiated by a member of the Planning Commission, to the Planning Commission, in the member's official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. Calls for review of any action of the Planning Commission regarding a tentative parcel map may be initiated by a member of the City Council, to the City Council, in the member's official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. In accordance with Government Code Section 66463.5, or any successor statute, an appeal of a denial of a tentative parcel map extension shall be heard by the City Council. 2. Time Limits for Filing. Appeals or calls for review to the Planning Commission shall be filed with the Community Development Director within ten (10) days after the action of the Zoning Administrator on a form provided by the Community Development Director. Appeals or calls for review to the City Council shall be filed with the City Clerk within ten (10) days after the action of the Planning Commission on a form provided by :€�I1 Ordinance No. 2015 -9 Page 28 of 30 the City Clerk. An appeal of a denial of a tentative parcel map extension shall be filed with the City Clerk and heard by City Council accordance with Government Code Section 66463.5, or any successor statute. The time limit for filing appeals on denials of a tentative parcel map extension shall be fifteen (15) days after the action of the Zoning Administrator. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing. 3. Fees. Any appeal filed by an interested person shall be accompanied by a fee set by resolution of the City Council. A call for review is exempt from the payment of a filing fee under Code Section 3.36.030, or any successor provision. Section 42: Subsection 19.12.060(C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. Further Appeal or Call for Review. Any action by the Planning Commission, when acting as the Appeal Board, or any decision affirmed by the City Clerk due to Planning Commission inaction within the specified time limits in Sections 19.12.050(D) and (E) may in turn be appealed or called for review in accordance with the procedures and time limits set forth in Section 19.12.050. Section 43: Subsection 19.68.030(K) of the Newport Beach Municipal Code is hereby amended to read as follows: K. Effective Date, Appeals, and Calls for Review. Decisions on lot mergers shall not become effective for ten (10) days after being granted. Appeals or calls for review shall be made in accordance with the provisions for appeal of tentative parcel maps, as set forth in Section 19.12.060(B). Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing. Section 44: Subsection 19.76.020(L) of the Newport Beach Municipal Code is hereby amended to read as follows: L. Effective Date, Appeals, and Calls for Review. Decisions on lot line adjustments shall not become effective for ten (10) days after being granted. Appeals or calls for review shall be made in accordance with the provisions for appeal or call for review of tentative parcels maps, as set forth in Section 19.12.060. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing. The lot line adjustment shall only become effective when the lot line adjustment instrument specifying the owners of the fee interest and particularly describing the real property is approved by the City in writing and the instrument is filed for recordation with the County Recorder. 4 -37 Ordinance No. 2015 -9 Page 29 of 30 Section 45: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 46: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 47: The City Council finds the introduction and approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 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 to have a significant effect on the environment. Section 48: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 49: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) days after its adoption. UBE Ordinance No. 2015 -9 Page 30 of 30 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of April, 2015, and adopted on the 28th day of April, 2015, by the following vote, to -wit: AYES. COUNCILMEMBERS NOES, COUNCILMEMB ABSENT COUNCILMEMBERS ATTEST: Leilani I. Brown City Clerk APPRO,�ED AS TO FORM: The City, Attornev's Office k (�-r) City Attorney Edward D. Selich Mayor :]