HomeMy WebLinkAbout1415 - Appeals from the Planning CommissionORDINANCE NO. 14 1 5
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTIONS 20.08.250, 20.08.270,
20.48.050, 20.48.060, 20.51.070, 20.54.040
AND 20.58.010 OF THE NEWPORT BEACH MUNICIPAL
CODE RELATING TO APPEALS FROM THE PLANNING
COMMISSION
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Section 20.08.250 of the Newport Beach
Municipal Code is amended to read:
"20.08.250 Appeal from Planning Commission Action.
In case the applicant is not satisfied with the action of
the Planning Commission, he may within twenty -one (21) days
appeal in writing to the City Council and the Council shall
render its decision within thirty (30) days after the filing
. of such appeal."
SECTION 2. Section 20.08.270 of the Newport Beach
Municipal Code is amended to read:
"20.08.270 Mapped Streets. A. DEFINITIONS. For the
purpose of this section the following terms, phrases, words
and their derivations shall have the primary meanings given
herein:
(1) 'Applicant' shall mean any person applying for
a building permit within this City.
(2) 'Building line' shall mean that certain line
established by the City Council as herein provided. Within
the area of a lot between such building line and an abutting
street right -of -way, no structure shall be erected, constructed
• or maintained except as set forth herein.
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(3) 'Building setback area' shall mean the area of a
lot between the building line and abutting street right -of-
way, extending the full width of such lot.
(4) 'Gender'. Any gender includes the other gender.
(5) 'General plan' shall mean a general plan or pre-
cise plan approved by the City Council in accordance with
applicable state law.
(6) 'Lot' shall mean any lot, parcel or other real
property situated within the City.
(7) 'Mapped street' shall mean a future street which
is laid out and delineated on the General Plan of the City,
and on a map of such size, scale and detail that the precise
alignment of such street is ascertainable, and shall mean
.
any local,
secondary,
primary,.
or major street,, whether
existing or
proposed,,
shown on
map entitled 'Master Plan,
City of Newport Beach, California, Street and Highway',
adopted by City Council Resolution No. 5224 on April 25,
1960, and all amendments thereto heretofore adopted.
(8) 'Notice of appeal' shall mean a written statement
filed on a prescribed form, appealing to the City Council an
action or decision of the Planning Commission hereunder.
(9) 'Written notice' shall mean a notice in writing,
deposited in the United States mail, postage prepaid,
addressed to the last known address of the designated
addressee.
(10) 'owner' shall mean any person entitled to the use
• or possession of real property,
(11) 'Person' shall mean any individual, firm, partnership,
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association, corporation, company or organization of any kind,
including public agencies.
(12) 'Shall' and 'may' mean mandatory and permissive,
respectively.
(13) 'singular' and plural'. The singular includes the
plural and the plural includes the singular.
(14) 'Street' shall mean any street, highway, avenue,
boulevard, road, alley, right -of -way, lane, place, square,
walk or other public way which heretofore has been, or may
hereafter, be dedicated or otherwise acquired by this city
or other governmental agency for public street purposes.
(15) 'Structure' and 'building' are synonymous and
shall mean anything constructed or erected from an assembly
. of materials or component parts and which is attached or
affixed to realty or which is intended to rest other than
temporarily thereupon, or which is attached to something having
a fixed location on or below the ground.
(16) 'Tenses'. The present tense includes the past and
future tenses,.and where applicable vice versa.
B. BUILDING LINES. Where a lot abuts a public street, a
building line is hereby established on said lot parallel to the
front lot line thereof and located, measured from the existing
center of said street, a distance equal to the required depth
of the front yard of said lot (as prescribed by the zoning
ordinance), plus a distance equal to 1/2 of the ultimate width
of said abutting street as such ultimate width is shown on the
0 General Plan.
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C. PROTECTION OF RIGHTS -OF -WAY FOR FUTURE WIDENING
OF EXISTING STREETS AND FOR MAPPED STREETS.
(1) Establishment of future streets. In accordance
with applicable provisions of state law, the City Council may
designate and delineate mapped streets and make the same as
part of the General Plan.
When any such mapped street has been so
established,;no person shall construct, install or maintain
any structure within the right -of -way thereof,, except as
hereinafter specifically provided.
(2) Building lines on partially dedicated streets.
Where a lot or lots abut a street or streets upon which there
has been a previous determination by the Planning Commission
. and City Council that only a portion of the ultimate street
width has been acquired, the City Council shall determine the
precise ultimate street width and shall adopt the same as a
mapped street on the General Plan, and thereafter such align-
ment shall be the basis for the establishment of a building
line, as provided in Section 20.08.270 B hereof.
(3) Amendment of the General Plan. Proceedings to
amend the General Plan by the designation of mapped streets
for proposed widenings along any existing street or portion
thereof or for any future street may be initiated by the
Planning Commission, by the City Council, or by any person
filing a petition therefor with the Planning Commission. The
Planning Commission shall thereupon process the matter as an
amendment to the General Plan.
Upon receiving such a recommendation of the
am
Planning Commission and whenever the public peace, health,
. safety, interest or welfare is found to so require, the City
Council may establish the proposed width of such street or
streets, and the alignment of such future streets, and there-
upon shall cause the General Plan to be amended accordingly
as provided by state law,
D, BUILDING PERMITS; RESTRICTIONS. No building permit
shall be issued for the construction of any structure in any
building setback area,, or in the right -of -way of any mapped
street. Temporary structures such as walls, fences, signs or
other easily removable structures, involving a cost of not to
exceed One Thousand Dollars ($1,000),_ may be permitted in
such area with the approval of the Community Development
0 Director.
E. ADMINISTRATIVE RELIEF. (1) Hearings. Any applicant
aggrieved by the denial or conditional approval of a building
permit pursuant to Section 20.08.270 D hereof may, by written
notice, request a hearing on such matter before the Planning
Commission. The Planning Commission shall thereupon, and
within forty (40) days thereafter, hold a hearing at which
the applicant and other interested persons shall be given the
opportunity to be heard. At least ten (10) days prior to the
date fixed for the hearing, the Planning Commission shall cause
notice of the time and place thereof to be mailed by certified
mail to the applicant and to any other person requesting such
notice.
• a. The Planning Commission shall direct the
issuance of the requested building permit if it finds either
M-M
of the following facts to be true: That the denial of the
. building permit, because of the nature of the land or other
unique circumstances,_ will cause substantial damage to the
applicant; or that,. in balancing the interest of the public
in preserving the integrity of mapped streets against the
private interest of the owner of the land in using his property,
it is determined that the issuance of the building permit is
required in the interests of justice and equity.
b. The Planning Commission shall not direct
the issuance of the requested building permit if it finds
either of the following facts to be true: That the applicant
will not be substantially damaged by relocating the proposed
structure on the lot elsewhere than in the building setback
streets against the private interest of the owner of the lard
in using his property, the resulting loss and disadvantage to
the public would be unreasonable and disproportionate to the
private benefits the owner would accrue from so using the
property.
c. The Planning Commission may attach reasonable
conditions to its decision.
d. The applicant shall be given written notice
of the action taken by the Planning Commission.
(2) Appeals. Any person dissatisfied with the
decision of the Planning Commission may appeal such decision
to the City Council by filing a written notice of appeal with
the City Clerk within twenty -one (21) days after the date of
SZ
area or
in the
mapped
street; or that,
in
balancing
the
interest
of the
public
in. preserving
the
integrity
of mapped
streets against the private interest of the owner of the lard
in using his property, the resulting loss and disadvantage to
the public would be unreasonable and disproportionate to the
private benefits the owner would accrue from so using the
property.
c. The Planning Commission may attach reasonable
conditions to its decision.
d. The applicant shall be given written notice
of the action taken by the Planning Commission.
(2) Appeals. Any person dissatisfied with the
decision of the Planning Commission may appeal such decision
to the City Council by filing a written notice of appeal with
the City Clerk within twenty -one (21) days after the date of
SZ
the mailing of the notice of the decision of the Planning
Commission, The City Council shall set the matter before it
40 within thirty (30) days; and shall, at least ten (10) days
prior to the date fixed for the hearing, cause written notice
of the time and place thereof to be given to the appellant,
the applicant and to any other person requesting the same.
The procedure before the City Council shall be the same as
for the Planning Commission, and the applicant and appellant
shall be notified of the decision of the City Council.
F. ACQUISITION. After exhaustion of administrative
relief as provided in Section 20.08.270 E(2) hereof, any
applicant dissatisfied with the final decision may, by written
notice filed within fifteen (15) days after the date of the
mailing of the notice of the decision of the City Council,
. demand that the City acquire, by eminent domain or other
available proceeding, the land belonging to the applicant
and located within the right -of -way of the mapped street.
Upon failure of the City Council, within six (6) months
thereafter, to commence such acquisition proceedings, or there-
after with reasonable diligence to prosecute the same to
completion, the applicant may reapply for such building permit
and thereupon such building permit shall be issued. The pro-
visions of subsections E and F above shall not apply where
the dedication of the building setback area or right -of -way
of any mapped street has been required as a condition of
approval of a subdivision or use permit.
the effective date of this section shall be deemed to be legal
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G.
EXISTING STRUCTURES;
RETROACTIVITY. Structures
existing
on building setback
areas and in mapped streets on
the effective date of this section shall be deemed to be legal
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nonconforming structures,.subject to the regulations,
. limitations, abatement and amortization provided in the
Zoning Law.
H. COMPLIANCE WITH OTHER LAW. This section shall not
permit the construction, erection, placing or maintenance
of any structure at any place where the same is prohibited by
any other law, regulation or ordinance.
I. The provisions of this section shall not apply to
the installation of underground public utility facilities
except to the extent that the location of such facilities
shall be approved by written permit from the City Engineer."
SECTION 3. Section 20,48.050 of the Newport Beach
Municipal Code is amended to read:
1120.48.050 Action by Commission, Director or City
Council. A. FINDINGS. In order to grant any variance
the findings of the Planning Commission, the Community
Development Director or the City Council in acting on appeals,
shall be that the applicant has established the grounds for
variance set forth in this Chapter.
B. CONDITIONS. The Planning Commission, Community
Development Director, or City Council in acting on appeals,
may designate such conditions in connection with the granting
of a variance as they deem necessary to secure the purposes
of this Title, and may require such guarantees and evidence
that such conditions are being or will be complied with. Such
conditions may include requirements for off - street parking
• facilities as determined in each case.
C. RENDERING OF DECISION. After the conclusion of the
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hearing on any application for a variance, the Planning
Commission or the Community Development Director shall render
a decision within 35 days following the close of the hearing
on the application. A variance shall not become effective
for 2.1 days after being granted, and in the event an appeal is
filed, the variance shall not become effective unless and until
a decision granting the variance is made by the City Council
on such appeal. The granting of any variance, when conforming
to the provisions of this Title, is hereby declared to be an
administrative function, the authority and responsibility for
performing which is imposed upon the Planning Commission and
Community Development Director and the action thereon by the
Planning Commission or Community Development Director shall be
final and conclusive except in the event of an appeal as here-
inafter provided."
SECTION 4. Section 20.48.060 of the Newport Beach
Municipal Code is amended to read:
1120.48.060 Appeal.. A. INITIATION OF APPEAL. In case
the applicant or any person, firm or corporation is not
satisfied with the action of the Planning Commission or the
Community Development Director, he may appeal to the City
Council by filing a written notice of appeal with the City
Clerk within twenty -one (21) days after the decision is made.
Said notice of appeal shall be accompanied by a fee of
Seventy -Five Dollars ($75).
B. DATE -- NOTICE. The City Clerk shall set a date for
public hearing of the appeal and give notice as required in
Section 20.48.040. The City Clerk shall notify the appealing
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party of the date set for the appeal and shall also notify
the Planning Commission if the appeal is from a decision of
the Planning Commission, or the Community Development
Director if the appeal is from a decision of the Community
Development Director. Upon receiving notice of an appeal to
the City Council, the written findings of the Planning Commis-
sion or the Community Development Director shall be submitted
to the City Council, together with all maps, letters, exhibits
and other documentary evidence considered by the Planning
Commission or the Community Development Director in reaching
a decision.
C. DECISION. The City Council shall render its decision
within 60 days after the filing of such appeal."
SECTION 5. Section 20.51.070 of the Newport Beach
Municipal Code is amended to read:
"20.51.070 Amendments to Development Plan. All
development within the District shall substantially comply
with the Development Plan as approved and adopted by the City
Council.
Any proposed amendment to the Development Plan as
originally approved and adopted by the City Council shall be
accomplished in the following manner:
(a) The Planning Commission shall hold at least
one (1),public hearing before approving or disapproving an
amendment to any part or element of the Development Plan.
Notice of the time and place of the hearing shall be given
by publication in a newspaper of general circulation within the
City at least ten (10) days prior to the first of such hearings.
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(b) The Planning Commission may approve, approve
with modifications or disapprove a proposed amendment to any
part or element of the Development Plan. The approval of the
Planning Commission shall be signified by the adoption of a
resolution endorsed by the Chairman and Secretary of the
Commission. Said resolution shall contain the findings and
recommendations of the Commission and shall be forwarded to
the City Council no later than forty -five (45) days after the
first published notice of the Planning Commission hearing,
unless such time limit is extended upon the mutual agreement
of the parties having an interest in the proceedings. Failure
of the Planning Commission to take action on the proposed
amendment or failure to report within the time limit shall be
deemed to be approval of the proposed amendment by the
Planning Commission,
(c) T£ the proposed amendment is disapproved, no
further action shall be taken thereon unless an appeal is filed
in writing with the City Council within twenty -one (21) days
after such disapproval.
(d) Following receipt of the Planning Commission
resolution approving the proposed amendment to any part or
element of the Development Plan, the City Council shall hold
at least one (1) public hearing on the proposed amendment
before taking any action thereon. Notice -of the time and
place of the hearing shall be given by publication in a
newspaper of general cirulation within the City at least ten
• (10) days prior to the first of such hearings. After the
conclusion of such hearing, the City Council may adopt or
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reject the proposed amendment, or any part thereof, in such
form as the Council may deem to be advisable, or the Council
may refer the matter back to the Planning Commission for further
study and recommendation.
(e) No amendment to any part or element of the
Development Plan shall be deemed final until approved by the
City Council by adoption of a resolution setting forth full
particulars of the amendment."
SECTION 6. Section 20.54.040 of the Newport Beach
Municipal Code is amended to read:
"20.54.040 Action by Planning Commission. Following
the hearing provided for by Section 20.54.030, the Planning
Commission shall approve or disapprove the proposed amendment.
If approved,, the Planning Commission shall make and file a
report of its findings and recommendations with the City
Council. The Planning Commission shall make its decision
and file its report no later than ninety (90) days after the
first published notice of the Planning Commission hearing,
unless such time limit is extended upon the mutual agreement
of the parties having an interest in the proceedings. Failure
of the Planning Commission to take action on the proposed
amendment or failure to report within the time limit shall be
deemed to be approval of the proposed amendment by the Planning
Commission.
If the proposed amendment is disapproved, no further action
shall be taken thereon unless an appeal is filed in writing
with the City Council within twenty -one (21) days after such
disapproval."
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SECTION 7. Section 20.58.010 of the Newport Beach
Municipal Code is amended to read:
1120.58.010 Appeal Procedure. A. AUTHORITY OF COMMISSION.
The Planning Commission shall have the power to hear and decide
appeals based on the enforcement or interpretation of the
provisions of this Title.
B. APPEAL TO CITY COUNCIL. In case an applicant is
not satisfied with the action of the Planning Commission on
his appeal he may within twenty -one (21) days appeal in writing
to the City Council.
C. NOTICE TO COMMISSION. Notice shall be given to the
Planning Commission of such appeal and the Planning Commission
shall submit a report to the City Council setting forth the
reasons for action taken by the Commission or shall be
represented at the Council meeting at the time the matter is
heard.
D, RENDERING OF DECISION. The City Council shall render
its decision within thirty (30) days after the.filing of such
appeal."
SECTION 8. This ordinance shall be published once in
the official newspaper of the City, and the same shall be effective
30 days after the date of its adoption.
This ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 22nd day of
November , 1971, and was adopted on the 13th day of December ,
1971, by the following vote, to wit:
AYES, COUNCILMEN: McInnis, Kymla, Rogers,
Hirth, Croul, Dostal, Parsons
NOES. COUNCILMEN: None
ABSENT COUNCILMEN: None
ATTEST:
Mayor
DOIN:mh
City Clerk CEn DASTHEORIGINALAND 10/15/71
. CERTIFffD AS TO PUBLICATION -13-
.........G .....1971 .......
_a; THE CITY OF NFW