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HomeMy WebLinkAbout1465 - Public Notificaiton ProceduresORDINANCE NO. 14 6 5 ` AN ORDINANCE OF THE CITY OF NEWPORT BEACH .' AMENDING SECTIONS 20.46.050, 20.47.040, 20.48.040 AND 20.54.030 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE PUBLIC NOTIFICATION PROCEDURES IN CONNECTION WITH PLANNING COM- MISSION AND CITY COUNCIL HEARINGS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 20.46.050 of the Newport Beach Municipal Code is amended to read: "20.46.050 Public Hearings. A. DISCRETIONARY. No public hearings need be held in connection with the grant or denial of an application for a Use Permit, provided that the Planning Commission may in its discretion hold such public hearings as it deems advisable. B. NOTICE. When it is deemed advisable to hold a public hearing, notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. In addition, notice of such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. �V- If any properties included vw the radius referred to above are located outside the limits of the City of Newport Beach, then the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the -1- Planning Commission of any city in which such properties are located, or to the Orange County Planning Commission in such C. CONTINUANCE. Upon the date set for a public hearing before the Planning Commission or an appeal before the City Council, the Planning Commission or the City Council may con- tinue the hearing to another date without giving further notice thereof if the date of the continued hearing is an- nounced in open meeting." SECTION 2. Section 20.47.040 of the Newport Beach Municipal Code is amended to read: "20.47.040 Notice. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of one hundred (100) feet of the exterior boundaries of the subject property. In addition, notice of such hearing shall be posted in not less than two con- spicuous places on or close to the property at least ten (10) days prior to the hearing. If any properties included within the radius referred to above are located outside the limits of the City of Newport Beach, the mailed notice need not be given to those property owners; but in lieu thereof, the Modification Com- mittee may cause written notice of such hearing to be given to the Planning Commission of any city in which such proper- ties are located, or to the''Orange County Planning Commission in such cases where such properties lie within the unincor- porated portion of the County." -2- cases where such properties lie within the unincorporated portion of the County. C. CONTINUANCE. Upon the date set for a public hearing before the Planning Commission or an appeal before the City Council, the Planning Commission or the City Council may con- tinue the hearing to another date without giving further notice thereof if the date of the continued hearing is an- nounced in open meeting." SECTION 2. Section 20.47.040 of the Newport Beach Municipal Code is amended to read: "20.47.040 Notice. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of one hundred (100) feet of the exterior boundaries of the subject property. In addition, notice of such hearing shall be posted in not less than two con- spicuous places on or close to the property at least ten (10) days prior to the hearing. If any properties included within the radius referred to above are located outside the limits of the City of Newport Beach, the mailed notice need not be given to those property owners; but in lieu thereof, the Modification Com- mittee may cause written notice of such hearing to be given to the Planning Commission of any city in which such proper- ties are located, or to the''Orange County Planning Commission in such cases where such properties lie within the unincor- porated portion of the County." -2- s n U SECTION 3. Section 2.0.48.040 of the Newport Beach Municipal Code is amended to read: "20.48.040 Public Hearings. A. REQUIRED- NOTICE. A public hearing shall be held on all variances, except as other- wise provided in this Chapter, within sixty (60) days after filing of the application; provided, however, that public hearings need not be held on applications over which juris- diction has been delegated to the Director of Community Development. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. In addition, notice of such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. B. CONTINUANCE. Upon the date set for a public hearing or an appeal to the City Council, the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting." SECTION 4. Section 20.54.030 of the Newport Beach Municipal Code is amended to read: "20.54.030 Public Hearings. A. REQUIRED- NOTICE. The Planning Commission shall hold at least one public hearing on any proposed amendment, and shall give notice thereof by at least one publication in a newspaper of general circulation within the City at least ten (10) days prior to the first of such hearings, -3- B. NOTICE TO NEIGHBORING PROPERTY OWNERS. In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify any property from any district to any other district, the Planning Commission shall cause additional notice of such hearing to be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. In addition, notice of such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. If any properties included within the radius referred to above are located outside the limits of the City of Newport Beach, the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located or to the Orange County Planning Commission in such cases where such properties lie within the unincorporated portion of the County." SECTION 5. 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 7E day of AUG 2 1 197 ?_ 1972, and was adopted on the day of SEP 25 1972 1972, by the following vote, to wit: ATTEST: •. C ty Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION DATE s _ SEP__2_'7_.1972 ..... Br - CITY CLERK OF THE CITY . OF HE BEACH • -5- AYES, COUNCILMEN: Rogers, Croul, Dostal, Kymla, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: McInnis I Mayor Pro Tem DON dm 8/3/72