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HomeMy WebLinkAbout80-19 Amending Titles 2, 10, and 13 Regarding Appeals ProceduresORDINANCE NO. 80-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 2, 103% AND 13 OF THE COSTA MESA MUNICIPAL CODE, REGARDING APPEALS PROCEDURES. 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 Costa Mesa Municipal Code currently contains several provisions for appeals, rehearings, and review, each containing different procedures; 2. That it is the desire of the Costa Mesa City Council to increase the efficiency of City government by consolidating and simplifying these procedures. ACCORDINGLY, the City Council of the City of Costa Mesa herewith amends the Costa Mesa Municipal Code as follows: SECTION 2: Title 2, Chapter IX. Section 2-300 to 2-310 is hereby repealed. SECTION 3: Title 2,Chapter IX. (Section 2-300 to 2-312) is added as herein- after set forth: Chapter IX. APPEAL, REHEARING, AND REVIEW PROCEDURE § 2-300. Purpose The purpose of this chapter is to provide an orderly and fair method of appeal, rehearing, and review of decisions of the staff, committees, commissions, and Council of the City. § 2-301. Definitions. As used in this chapter, the following terms shall have the meanings set forth herein below: (1) Affected person means any person, including the applicant, any City staff member, committee, commission, or council who has an interest in the matter at issue or whose health, safety, or welfare may be affected by the decision. (2) Appeal means reconsideration, by a higher authority, of the specific facts and circumstances of any final decision made by the City, any of its employees, committees or commissions, or by the Redevelopment Agency. (3) Applicant means the person who applied for or requested the decision or action which is the subject of the appeal, rehearing, or review. (4) Council means the Costa Mesa City Council. (5) Decision means any final decision, finding, ruling, order, or action. (6) Permit, as used in Section 2-306, means anything referred to elsewhere in this Code as being a "permit" or "license." (7) Person shall have the meaning attributed in Section 1-21 of this Code. (8) Rehearing means reconsideration of a decision by the person or body having made the decision. (9) Review means review of the decision of any City employee, committee, or commis- sion by the City Council, on its own motion, in order to consider the broad legisla- tive and policy factors involved. § 2-302. City Council Review. Within the time limits set forth in Section 2-305, any Council member may request that a decision of any City employee, committee, or commission be reviewed by the Council. Said review shall be conducted at the first regular Council meeting which follows the request for review by ten (10) or more days, and which allows sufficient time for the giving of notice as required by Section 2-308. § 2-303. Procedure for Appeal or Rehearing. (1) Any affected person may, within the time limits set forth in Section 2-305, file an application for appeal or rehearing. Said application shall contain sufficient information to identify the party, their interest in the matter, and -2- the reasons for requesting an appeal or rehearing. (2) If the appeal or rehearing is requested of an individual or body which conducts regularly scheduled meetings, the appeal or rehearing shall be considered at the first regular meeting which follows receipt of the application by ten (10) or more days, and which allows sufficient time for the giving of notice as required by Section 2-308. (3) If the appeal or rehearing is requested of an individual or body which does not conduct regularly scheduled meetings, the appeal or rehearing shall be considered not more than ten (10) days following receipt of the application; provided that the time period may be extended if necessary to allow the giving of notice as required by Section 2-308. § 2-304. Evidence. (1) A rehearing shall be held upon presentation of any relevant or material evidence not available or not heard at the time of the original consideration of the matter. (2) An appeal hearing shall consist of a new hearing on the matter by the person or body specified in Section 2-309. The appeal hearing shall be based on the following evidence: (a) evidence, including Staff Reports, submitted and obtained at the time of the decision being appealed, and (b) findings and decision of the person or body whose decision is being appealed. § 2-305. Time Limitations for Appeals and Rehearings. All applications for appeals and rehearings must be filed within the time limits hereinafter set forth: (1) For all matters relating to the approval, disapproval, or extension of tenta- tive and parcel maps, within fifteen (15) days from the date of the final decision subject to appeal or rehearing. -3- (2) For all other items, within seven (7) days from the date of the final decision subject to appeal or rehearing. (3) For all matters requiring approval by the City, its employees, committees, commissions, or council, and by the Redevelopment Agency, the time limits for all applications shall begin on the date of the later of the following: (a) Final decision by the City, its employees, committees, commissions, or council; or (b) Final decision by the Redevelopment Agency. § 2-306. Time Limitation for Issuance of Permits. Where a permit is sought and its issuance is contingent upon obtaining a prerequi- site permit, the permit sought shall not be issued until the expiration of the time limits specified in Section 2-305 applied to the prerequisite permit. Provided, however, that if an application for appeal, rehearing, or review of the prerequisite permit is filed within the specified time limits, the permit sought shall not be issued until seven (7) days following the final decision on the appeal, rehearing, or review. Any permit issued in violation of the provisions of this section shall be void. § 2-307. Fees. Each application for appeal or rehearing shall be accompanied by a processing fee in an amount determined by resolution of the City Council. § 2-308. Notice of Appeal, Rehearing, or Review. Notice of appeal, rehearing, or review shall be given in the same manner as notice for the decision subject to the appeal, rehearing, or review. In all cases, written notice shall be given to the applicant and the person requesting the appeal or rehearing. § 2-309. Order of Application for Appeal. -4- Applications for appeal shall be made in the following order: (1) From a decision of the City Staff to the department head; except as provided below: (a) From a decision of the Traffic Engineer regarding traffic matters to the Traffic Commission, (2) From a decision of the department head to the City Manager; except as provided below: (a) From a decision of the Director of Development Services on planning matters to the Planning Commission, (3) From a decision of the City Manager to the City Council, (4) From a decision of any City committee or commission to the City Council. § 2-310. Exhaustion of Administrative Remedies. Unless appealed, reheard, 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. § 2-311. Exclusive Procedures. The procedures set forth in this chapter are the exclusive methods by which appeals, rehearings, and council reviews may be pursued and none of the steps set forth herein may be waived or omitted. § 2-312. Accrual of Certain Claims. No claim for violation of constitutional rights for deprivation of economic use of property shall arise until and unless a claimant first applies for a Zone Excep- tion Permit, in which case an applicant must set out a compatible use and make diligent effort to obtain a Zone Exception Permit. § 2-313. Limitations on Judicial Review. Notwithstanding any provision in this Code to the contrary, no court action or -5- proceeding to attack, review, set aside, void, or annul any decision or procedure of the City of Costa Mesa, its council, commissions, boards, or officers, which has become administratively final shall be maintained by any aggrieved person unless duly commenced in a court of competent jurisdiction within ninety (90) days, as provided in California Code of Civil Procedure, Section 1094.6, incorporated here- in by reference. § 2-314. 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 unconstitutionality shall not affect the other provisions or applications thereof which can be given valid effect. SECTION 4: Title 109 Chapter XVIII. (Sections 10-345 to 10-353) is repealed. SECTION 5: Title 13, Chapter IV. (Section 13-522 to 13-532) is repealed. SECTION 6: Title 13, Chapter X. § 13-745: The first paragraph of (a) is amended to read as follows: "Any home occupation permit may be revoked by the Planning Director at any time after its issuance; provided that the Planning Director shall notify the permittee, in writing, of his decision to revoke said permit and stating the reasons for said action and appeal procedures prescribed elsewhere in this Code." The first paragraph of (b) is amended to read as follows: "Any aggrieved person may appeal the decision of the Planning Director regarding an application or revocation for said permit pursuant to procedures prescribed elsewhere in this Code." SECTION 7: Title 13, Chapter XI. (Sec. 13-800 to 13-816) is repealed. SECTION 8: Title 135 Chapter XI. (Sec. 13-800 to 13-805) is added as herein- after set forth: Chapter XI. PROCEDURES FOR LAND USE REGULATION § 13-800. Purpose and Intent. It is the purpose and intent of this chapter to supersede 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 regulation under this Code. The existing substantive 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. § 13-801. Definitions. (a) Applicant means any individual, corporation or association, or duly author- ized agent thereof, who has a proprietary interest in the land which is the subject of the proposed action. (b) Commission means the Costa Mesa Planning Commission. (c) Council means the Costa Mesa City Council. (d) Exhaustion of administrative remedies means that no further action or proce- dures are available within the 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. (e) 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 prescribed elsewhere in this Code. (f) Proposed action means those matters brought before the Commission for its consideration and decision as a final action or advisory action under appli- cable laws. (g) Public hearing means a public proceeding conducted for the purpose of acquiring -7- 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 rules. "Mandatory hearings" are those required to be held by law, and "discretionary hearings" are those which may be held within the sole discretion of the hearing body. § 13-802. Delegation of Final Action to Planning Commission. Only the following matters shall be processed, heard, and decided by the Commission whose decision thereon shall constitute final action as herein provided. Said decision shall be based upon the substantive standards set forth in the appli- cable provisions of this Code and the purpose and intent thereof. All other matters 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 Ar- ticle 23, Chapter II, of Title 13. (2) Permits for relocation of buildings or structures as set forth in Chapter V of Title 5 of this Code. (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 actions at the Commission level in existing provisions of this Code. § 13-803. Application Procedures. (a) Applicant shall submit requests for any proposed action hereunder upon forms approved by the Director of Development Services with all information, documentation, and fees, if any, as required for same. (b) Such application shall be submitted to the Planning Division for review and comments. (c) The Planning Division shall process the application to the Commission and set 10 the matter for public hearing as provided in this Code. (d) Fees, if any, shall be as set forth in this Code or as adopted by resolution of the City Council for the particular proposed action. § 13-804. Decision, Finding, Conditions and Notice. (a) 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. (b) Any such decision shall be supported by findings in the administrative record thereof. (c) The Commission may impose such reasonable conditions to the applicant'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 the appli- cant to deposit bonds, cash, or other forms of security approved by the City, or require recordable land use restrictions, or a combination thereof, to assure and guarantee compliance with said conditions. (d) Notice of said decision shall be submitted, in writing, to the applicant, the City Council, and all persons having requested same in writing. Said decision is effective as of the date rendered and becomes final upon expiration of the time limits set forth in Section 2-305, subject to the provisions for appeals, rehearings, and review contained elsewhere in this Code. § 13-805. 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 unconstitutionality shall not affect the other provisions or applications thereof which can be given valid effect. § 13-806 to 13-818. Reserved. SECTION 9: This Ordinance shall take effect and be in full force thirty (30) ISO days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a news - of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this ordinance and a certified copy of the text of this ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this ordinance and within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post in the office of the City Clerk a certified copy of this ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 23rd day of October, 1980. ATTEST: City Clerk of the City of Cost esa APPROVED AS TO FORM: City t orne -10- j; Ma of the City of Costa Mesa Deve opment Servic s Director STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) 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. 80-19 was introduced and considered section by section at a regular meeting of said City Council held on the 6th day of October, 1980, and thereafter passed and adopted as a whole at an adjourned regular meeting of said City Council held on the 23rd day of October, 1980, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 24th day of October, 1980. C'ty erk and ex -officio C er of the City Council of the City of CDca Mesa -11- Authorized to Publish Advertisements of all kinds, including public notices by Decree of the Superior Court of Orange County, California, Number A-6214, dated 29 September, 1961, and A-24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange Public Notice Advertising covered by this affidavit is set in 6 point with 10 pica column width. I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS -PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Su—NMAKY of Proposed Ordinance CITY OF COSTA MESA of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one Mot I BOOM issue%) of October 30 198 of 198- 198- 198- 198— I 98198198198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 30 at Costa Mesa, California. - 40, Signature , 198 0 This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION PUBLIC NOTICE SUMMARY OF PROPOSED ORDINANCE Ordinance 80-19 is scheduled to be in full force and effect 30 days from its adoption on October 23, 1980. Ordinance 80-19, consolidates a number of previous appeals pro- cedures into a single procedure, establishes a seven-day appeal period for all decisions, amends notice re- quirements to require that notice of an appeal be the same as notice required for the application being appealed, eli.k%M e the treed to establish pro- cedural error or new evidence, and amends the appeal period for Zone Ex- ception Permits in the RedevElopment Area W tW consistent with the appeal period for Redevelopment Actions. In addition, the Ordinance provides that appeal fees will be established by a IResolution of the City Council. The full text of the proposed or- dinance may be read in'the Clerk's Office at 17 Fair Drive, Costa Mesa, Eileen P. Phinney City Clerk City of Costa Mesa Published Orange Coast Daily 3 Pilot, October 30,198D