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HomeMy WebLinkAbout77-15 Procedures for Processing Land UseORDINANCE NO. 77 -/S- AN %-/S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO METHODS AND PROCEDURES OF PROCESSING LAND USE MATTERS AND DELEGATING AUTHORITY TO ACCOMPLISH SAME. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Costa Mesa hereby finds and declares as follows: 1. That the current, existing land use regulations contained in Title 13 of the Costa Mesa Municipal Code require a total re-evalu- ation and in-depth study in light of the City's growth, development and policy concepts in recent years. 2. That such an intensive re-evaluation will be a time consuming project that requires many months before possible revisions or amendments may be made to such land use regulations. The current real estate market and construction industry market are such as to require an immediate up -dating and streamlining of procedures for processing land use applications with the City. 3. That the methods and procedures of initiating, processing and deciding matters in land use regulations, as currently provided, tend to require time-consuming processing through the City's staff, the Planning Commission and City Council in most instances. 4. That the City Council does hereby intend to delegate certain functions and decision-making to lower levels of City govern- ment, yet retain the right of review, consistent with its constitutional and statutory authority to do so, to expedite such processing of land use matters for the general health, safety and welfare of the public. 5. That this procedural overlay ordinance is intended to amend those methods and procedures as herein set forth and repeal existing provisions in conflict therewith contained in the Costa Mesa Municipal Code in the processing of specified land use regulations. The underlying substantive law is to remain unchanged except as required to promote the intent herein. -1- NOW, THEREFORE, the Costa Mesa Municipal Code, Title 13 is hereby amended.b.y adding thereto a new Chapter XI,. as follows: SECTION -2: "CHAPTER XI - PROCEDURES FOR.LAND USE REGULATIONS 513-800 -PURPOSEAND: INTENT It is the purpose and intent of this Chapter to super- sede the existing methods and procedures.in processing the various. specified land use matters within the"City and delegating authority where deemed necessary and proper "for all land use regulations under this Code. The existing substantive I provisions.of this Code shall remain in full force.and effect except where modification is'necessary to accomplish the intent and,purpose of this Chapter. §137.801`. DEFINITIONS A. AFFECTEDPERSONmeans any individual, corpor- ation or association including. -the Council, -.staff, the applicant,, -,or any person who has -an interest in the subject matter of the proposed action. B. AGGRIEVED PERSON means any affected person who has been.aggrieved or adversely affected by a decision made. C. APPEAL means a reconsideration by the council of the specific facts and circumstances of any final action taken when grounds.for"appeal are found to exist. D. APPLICANT• means any.individual, corporation or association, or..duly authorized agent thereof, who has a proprie- tary interest in the land, which is the subject of the proposed action. E. COMMISSION means the Costa.Mesa Planning Commission. F. COUNCIL means the Costa Mesa City Council. G. EXHAUSTION OF -ADMINISTRATIVE REMEDIES means that no further action or procedures are "available.within thei-.'City of Costa Mesa's own administrative or legislative bodies as to any proposed action.. Further or additional review by an aggrieved person must be through the Courts. H. FINAL ACTION matters are those wherein -the decision of the Commission is final with the right of appeal to or review by the Council, pursuant to the procedures set forth in this Chapter. - IMM 'I. INTERNAL AFFAIRS means those matters concerning the personnel of said Commission, litigation and similar matters not requiring a -public hearing under -applicable laws. J. PROPOSED ACTION.means those matters brought before the Commission for-its.consideration and decision -as a final action or advisory action under applicable laws. K. PUBLIC HEARING means, a.public proceeding conducted for the -purpose of acquiring information or evidence which may be considered in -evaluating a proposed action,.and.which affords to any affected person or -persons the opportunity. -to -present their views, opinions, -and -information.. -On such proposed actions pursuant to these'Rul-es. "Mandatory Hearings" are those required to be field, by law, and ".Discretionary Hearings" are -those which may be held ,within the -sole discretion of the hearing body. L. REHEARING means that the proposed action will be reconsidered.or reheard by -the body that has final action thereon. - as set forth herein. M.. REVIEW -means the right of a Council member to bring the proposed action before the Council to consider the broad legislative and -policy factors involved in any final action. N. STAFF means the employees and personnel of the City"of Costa Mesa including the Director or departmental head thereof. §13-802 DELEGATIjON OF FINAL ACTION TO PLANNING COMMISSION Only the following' matters shall be processed, heard and decided by the'Commis"Sion.whose,-dec.ision thereon shall -constitute final action as herein provided: Said decision shall be.based upon.-- the pon ..the substantive standards set forth in the applicable provisions -of this Code..and the -purpose and.intent thereof.. All other matters pro- cessed through the -Commission shall.be-.processed, heard and decided upon in the -manner -set forth in this Code. 1. Zone Exception Permits-for.a variance or Conditional Use.Permit under Article 23, Chapter II or.Title 13. 2. Permits for Relocation of Buildings or structures as set forth in Chapter V of Title 5 of this Code. -3- 3. Exceptions or variances to Sign Permits as set forth in Articles 1 and 2 of Chapter VI of Title 5 of this Code. 4. All other proposed actions that are currently processed, heard and decided as final action at the Commission level in existing provisions of this Code. 913-803 APPLICATION PROCEDURES 1. Applicant shall submit requests for any proposed action hereunder upon forms approved by the Director of Planning with all information, documentation and fees, if any, as required for same. 2. Such application shall be submitted to the Planning Department for review and comments. 3. The Planning Department shall process the application to the Commission and set the matter for public hearing as provided in this Code. 4. Fees, if any, shall be as set forth in this Code or as adopted by Resolution of the City Council for the parti- cular proposed action. X13-804 through and including X13-808 RESERVED S13--809 DECISION, FINDINGS, CONDITIONS AND NOTICE 1. After the public hearing thereon the Commission may approve, conditionally approve or deny any application for action based upon standards and intent set forth in the applicable provisions of this Code. 2. Any such decision shall be supported by findings in the administrative record thereof. 3. The Commission may impose such reasonable conditions to the applicants. -s right to the action requested as are deemed necessary to assure the purpose and intent of the applicable provisions of law and this Code. Further, they may require applicant to deposit bonds, cash or'other form of security approved by the City, or require recordable land use restrictions, or a combination thereof, to assure and guarantee compliance with said conditions. 4. Notice of said decision shall be submitted, in writing, to the applicant, the City Council, and all persons -4- having requested same, in writing. Said decision is effective as of the date rendered and becomes final within seven (7) .days thereafter subject to the provisions of 513-810 and 513-811. 913-810 REHEARING BY COMMISSION 1. Within seven (7) days of the date of the Commission':s decision on any final action, an affected person may file an application for a rehearing before the Commission on forms provided by the City with required fees. 2. Said application shall contain sufficient information to identify the party, their interest in the matter and the grounds for requesting a rehearing. 3. The Commission shall consider the request at its next regular meeting and either grant or deny same. 4. Rehearings shall be granted if the Commission finds one or more of the following grounds to exist: a. ERROR IN THE RECORD That an error in law or procedure occurred at the original hearing which prevented the applicant from having a fair hearing. Minor, insubstantial error in procedure shall not be sufficient unless shown to have more than likely resulted in a different decision. b. NEWLY DISCOVERED EVIDENCE That there exists newly discovered evidence, relevant and material for the appellant, which could not, with reasonable diligence, have been dis- covered and produced at the hearing thereon and which, if considered, would more than likely produce a different result. 5. If a rehearing is granted the Commission shall then set a date for the hearing at a time no more than two (2) regular meetings later unless waived by the parties. 6. If -'a rehearing is denied the original decision becomes final within seven (7) days after such denial subject to appeal or review by Council as herein provided. §13-811 APPEAL OR REVIEW BY COUNCIL 1. REVIEW Prior to the Commission's decision becoming final any Council member may request that said decision be -5- reviewed by the Council at its next regular meeting, as to legis- lative or policy factors involved in said proceeding. The Council may review the action taken, hearing evidence deemed necessary, and grant or deny the proposed action. Council's decision thereon shall be final and exhausts the administrative remedies. 2. APPEAL Prior to the Commission's decision -becoming final, an affected person may file an appeal to the Council, on forms and in a manner required by the City. Any such appeal shall be dated and signed by the appellant setting forth information as to appellant's identity and interest in the matter and specifying the grounds for appeal as set forth herein. a. The Council shall consider the application for appeal at its next regular meeting to determine if grounds exist for granting or denying the appeal. If granted, the Council shall then set a date for the hearing on appeal at a time not more than two regular meetings later unless waived by the parties. If denied, that decision of the Council is final for all purposes and exhausts the administrative remedies. b. Grounds .for appeal to the Council shall be limited to ERROR IN THE RECORD, i.e. that an error in law or procedure occurred at the hearing or rehearing before the Commission which prevented the appellant from having a fair hear- ing. Minor, insubstantial error in procedure shall not be sufficient unless shown to have more than likely resulted in a different decision. 3. EXHAUSTION OF.ADMINISTRP_TIVE REMEDIES Unless appealed or reviewed as.herein provided,.any decision becomes final for all purposes. The decision of the Council on appeal constitutes the exhaustion of administrative remedies and is a condition precedent to filing any court action thereon. §13-812 RESERVED §13-813 FEES FOR REHEARINGS.AND APPEALS Applications for rehearings or appeals on any proposed action shall be accompanied by a processing fee as established by Resolution of the City Council. M= §13-814 NOTICES FOR REHEARINGS'., APPEALS, OR REVIEW. Notice of a rehearing, appeal, or review of any decision under this Chapter shall be given in writing as follows: a. To the original applicant and owner of the real property which is the subject of the proposed action. b. To the person.requesting the relief. C. To the owners of any real property with- in three hundred (300). feet of the subject property as said ownership appears on the last equalized assessment roll of the County of Orange. d. To any other person having requested notice, in writing, of any action pendingon the proposed action. e. By posting the subject property or by publication in a local newspaper at least one (1) week prior to said hearing. §13-815 LIMITATIONS OF ACTION No court action or proceeding to attack, review, set aside, void, or annul any decision or procedure involved in this Chapter which has -become administratively final shall be maintained by any aggrieved person unless same has been duly commenced in a Court of competent jurisdiction within one hundred and eighty (180) days after such decision was made. §13-816 SEVERABILITY If any provision of this Chapter.is found to be invalid or unconstitutional by interpretation or application to any person or circumstances, such invalidity or unconstitution- ality shall not affect the other provisions or applications thereof which can be given valid effect. §13-817 and §13-818 RESERVED SECTION 3: This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage, shall be published once in the Orange Coast Daily Pilot, a news- paper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. - 7 - PASSED AND ADOPTED this ATTEST: p City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) 'ED A5 TO FORM CIT , EY s P I, EILEEN P. PHINNEY,•City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 77-/S was introduced and considered section by section at a regular meeting of said City Council held on the /,,t,4 day of 1977 and thereafter passed and adopted as a whole a a regular meeting of said City Council held on the 2,144 day of 1977 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this ty(, day of , 1977. City Clerk and ex -officio Cl k_= of the City Council -of the ty of Costa Mesa WE