Agenda - Planning Commission - 05/07/2015

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March 25, 2015 i Volume 9 1 Issue 6 Zoning Bulletin In any case, the court found that the UDO's plain language made clear that the test was not whether or how quickly an individual would notice the "giant fake pine tree's true nature; rather the test [was] whether SprintCom's proposed monopine design serve[d] a secondary function that help[ed] cam- ouflage the tower's function as a WCF." The court concluded that it did, and thus held that SprintCom's proposed monopine was not readily identifi- able as a WCF. Case Note: The Homeowners had also argued that the proposed monopine was not "aestheti- cally compatible" with any existing or proposed uses on the Church property, as required by the UDO to qualify as a concealed WCF. The Homeowners noted that natural trees were not "uses." The court acknowledged that trees were not uses, but noted that the UDO also explicitly stated that a concealed WCF may have a second- ary function as a tree. Here, the court concluded that SprintCom's proposed monopine tower's seeondaty fitnction as a tree was "indeed aesthetically compati- ble with the Church property's existing use as a church in a developing rural resi- dential neighborhood, surrounded by houses and trees." Proceedings—City council member appeals land use decision to city council Land use permit applicant contends its due process rights were violated by council member's bias Citation: Woody's Group, Inc. v. City of Newport Beach, 2015 WL 367448 (Cal. App. 4th Dist. 2015) CALIFORNIA (01/29/15)—This case addressed the issue of whether an applicant for a land use permit is afforded procedural due process when a member of the adjudicatory body considering the permit is, or may be, biased against the applicant. It also addressed the issue of whether this par- ticular city's municipal code allowed an appeal of a planning commission decision by a city council member to the city council. The Background/Facts: Woody's Wharf, owned by Woody's Group Inc. ("Woody's"), is a long-established restaurant overlooking the harbor in the City of Newport Beach (the "City"). Woody's sought and obtained from the City's Planning Commission a conditional use permit and variance to allow Woody's Wharf to have a patio cover, remain open until 2:00 a.m. on weekends, and allow dancing in the restaurant. Subsequently, City Council member Mike Henn ("Henn") sent an e-mail to the City clerk in which he 6 © 2015 Thomson Reuters