HomeMy WebLinkAbout1523 - Planned Community DistrictI,- _ T
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NO. '1528'
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 20.51 OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO THE
PLANNED COMMUNITY DISTRICT
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Chapter 20.51 of the Newport Beach
Municipal Code is amended to read:
"Chapter 20.51
PLANNED COMMUNITY DISTRICT
Sections:
20.51.010
20.51.020
20. 51.030
20.51.040
20.51.050
20.51.060
20.51.070
20.51.080
20.51.090
20.51.100
Effect of Chapter.
Intent and Purpose.
General Requirements.
Uses Permitted.
Application Procedure.
Development Plan.
Amendments to Development Plan.
Commencement of Construction.
Application for Use Permit Development.
Conformance Requisite to Building
Permit Issuance.
20.51.010 Effect of Chapter. The following specific
regulations shall apply in all P -C Districts, subject to
the provisions and exceptions of Chapter 20.08. Where
conflict in provisions occurs the regulations specified
in this Chapter or in the Development Plan or plans ap-
proved pursuant to this Chapter shall apply.
20.51.020 Intent and Purpose. The purpose of these
regulations is to provide for the classification and de-
velopment of parcels of land as coordinated, comprehensive
projects so as to take advantage of the superior environ-
ment which can result from large -scale community planning.
The regulations of this district are intended to allow
diversification of land uses as they relate to each other
in a physical and environmental arrangement while insuring
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substantial compliance with the spirit, intent and pro-
visions of this Code.
This district is designed to include various types
of land uses, such as single - family residential develop-
ments, multiple housing developments, professional and
administrative areas, commercial centers, industrial parks
or any public or quasi - public use or combination of uses,
through the adoption of a Development Plan and text materials
which set forth land use relationships and development
standards.
20.51.030 General Requirements. The following pro-
visions shall apply to all P -C Districts:
(a) The entire parcel for which an ap-
plication for classification of land to P -C is filed must
be within one ownership, or the application must be made
by or with the written authorization for such action on
behalf of all property owners concerned, unless such action
is initiated by the City.
(b) P -.0 Districts shall be established,
amended or removed from the Districting Map of the City
of Newport Beach in the manner prescribed in Chapter 20.54,
as amended, and subject to appeal procedures as prescribed
in Chapter 20.58, as amended.
(c) An application for a zone change to
permit the establishment of a P -C District pursuant to the
provisions of Chapter 20.54 of this Code shall include and
be accompanied by a Development Plan for the entire property,
as prescribed by Sections 20.51.060 and 20.51.070 of this
Code; or an application may be initiated by either the
City Council or the Planning Commission, and may be pro-
cessed without a Development Plan, provided that said plan
shall be subsequently prepared, processed, and adopted as
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prescribed by Sections 20.51.050, 20.51.060 and 20.51.070
of this Code, prior to the issuance of any permits for
development, expansion or redevelopment.
(d) If ambiguity exists as to the
specific dimensions or extent of any designated area on
the Development Plan, the specific boundaries shall be
set by the filing of a legal description and map of the
parcel proposed for development in conjunction with the
filing for construction permits.
(e) The Community Development Director,
after reviewing the application for a P -C District, shall
determine if a use permit application will be required
for any part of the application to be processed under the
Development Plan.
(f) In order to meet the objectives set
forth in Section 20.51.020 of this Code, an application for
a planned community district shall contain a minimum of
twenty -five (25) acres of unimproved land area or ten (10)
acres of improved land area. 'Improved land area' as used
within this section shall mean parcels of land with per-
manent structures affixed thereto, said improvements oc-
cupying a land area amounting to ten percent (10%) of the
total acreage of the planned community at the time of ap-
plication for zone change, excluding therefrom areas of
public works or improvements and public rights -of -way.
This section shall not be deemed to require the continued
use of any structures or improvements existing at the time
of application for zone change. The minimum acreage require-
ment as set forth in this paragraph may be waived by written
application to the Planning Commission and approval thereof
prior to the consideration of the application for a zone
change.
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20.51.040 Uses Permitted. The following use of land
• shall be permitted in P -C Districts:
(a) Those land uses permitted by the City's
General Plan at or below a density or intensity prescribed
by the General Plan.
(b) Grading shall be permitted within a
P -C District outside of a sector of immediate development
subject to the securing of a grading permit.
(c) The continuation of land uses, includ-
ing agricultural, which existed in the district at the time
of adoption of the Development Plan, except as otherwise
provided herein. Existing land uses shall either be in-
corporated as part of the Development Plan or shall terminate
in accordance with a specific abatement schedule submitted
and approved as part of the Development Plan. Existing land
• uses which are prohibited by any provisions of Title 20 of
this Code shall be terminated prior to final approval of
the Development Plan.
(d) Where existing land uses have been
established by a Use Permit prior to the adoption of a
P -C District and said uses are to be retained, the Use Per-
mit as approved or subsequently amended shall constitute
the required Development Plan.
20.51.050 Application Procedure. At least sixty (60)
days prior to filing an application for classification of
land to a P -C District, or the adoption of a Development
Plan, all information shall be submitted to the Community
Development Director for review and recommendation. The
Community Development Director shall. ascertain if the pro-
0 posal complies with the requirements of this Chapter and
if the form and content is sufficient to establish or amend
a P -C District. The Community Development Director shall
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advise the applicant of the sufficiency or insufficiency of
the proposal in order that the application, when filed, may
be complete and may correspond to the General Plan of the
City.
Upon determination by the Community Development Direc-
for that the application is sufficient as to form and
content and meets the requirements set forth in this Chap-
ter, it may be filed, after which it shall be set for public
hearing before the Planning Commission. Said application
shall be accompanied by a filing fee of Seven Hundred Fifty
Dollars ($750.). When a Development Plan is filed in con-
junction with a P -C District for which no previous Develop-
ment Plan has been adopted, said Development Plan shall
also be accompanied by a filing fee of Seven Hundred Fifty
Dollars ($750.). Any subsequent amendment to the Develop-
ment Plan, or previously approved use permit which consti-
tutes the Development Plan, shall be accompanied by a filing
fee of Two Hundred Dollars ($200.). Such application shall
be processed by the Planning Commission and transmitted to
the City Council with any conditions the Planning Commission
determines should be imposed.
20.51.060 Development Plan. The Development Plan of
a proposed P -C District shall consist of maps, plans, reports,
schedules, development standards and schematic drawings and
such other documents deemed necessary by the Community Develop-
ment Director in accordance with the requirements herein set
forth:
(a) The Development Plan shall be sub-
mitted in a form approved by the Community Development
Director.
(b) Development of sectors within the
P -C District may be permitted subject to one of the following
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or any combination thereof as set forth in the Development
Plan:
(1) The uses and requirements of
any of the zoning districts established by Title
20 of the Newport Beach Municipal Code, as amended.
(2) The uses and standards of develop-
ment set forth in the Development Plan. When addi-
tional or supplemental maps, plans, reports, schedules,
development standards and schematic drawings, and such
other documents are not presented for the total project,
sections may be approved separately by plan review or
use permit as may be required by the Planning Commission.
(3) Approval of a use permit by the
Planning Commission prior to development.
(c) The Development Plan and any amendment
thereto shall include the following:
(1) The type and character of buildings
or structures and the number of dwelling units per
gross acre proposed for each residential area.
(2) A statement of the standards of
population density for the various proposed residential
land uses.
(3) The general location of school sites,
recreational areas and other public and quasi - public
sites and the approximate area of each.
(4) The general location of major
thoroughfares coordinated with the City of Newport
Beach Master Street and Highway Plan and the Orange
County Master Plan of Arterial Highways.
(d) The Development Plan and any amend-
ment thereto shall be accompanied by the following:
(1) A general land use map, setting
• forth the proposed uses of all sectors within the
subject property and the approximate acreage of each.
(2) An accompanying text setting forth
the land use regulations which constitute the standards
of development designed to govern those sectors speci-
fied in the Development Plan. Said standards shall
contain definitions and information concerning re-
quirements for building site coverage, building heights,
building line designations, off - street parking, vehicular
access, signing, lighting, storage, screening and land-
scaping, and any other information which the Community
Development Director shall require to insure substantial
compliance with the intent of this Chapter.
(3) A topographic map and conceptual
• grading plan of the property.
(4) A preliminary report and overall
plan describing proposed provisions for storm drainage,
sewage disposal, water supply and such other public im-
provements and utilities as the Public Works Director
may require.
(5) A written statement of standards
as they relate to the allocation of land within the
Development Plan to all proposed types of land use.
(e) The City Council may approve, disapprove
or refer the same back to the Planning Commission for further
processing. Any such plan is subject to the final approval
of the City Council.
20.51.070 Amendments to Development Plan. All develop-
ment within the P -C District shall substantially comply with
the Development Plan and the City's General Plan as approved
and adopted by the City Council. To assure that development
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remains consistent with the General Plan and with the
various elements, statements, population densities and
standards which constitute said General Plan, the City
Council or the Planning Commission may from time to time
review and, if necessary, initiate amendments to the
Development Plan to assure such consistency.
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 dis-
approving 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.
(b) The Planning Commission may approve,
approve with modifications or disapprove a proposed amend-
ment 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 con-
tain 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) If the proposed amendment is disap-
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 circulation 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 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 recommenda-
tion.
(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.
20.51.080 Commencement of Construction. Building
construction shall not be commenced unless and until one
of the following alternatives has occurred:
(a) There has been recorded a final sub-
division map for any specific portion of the district de-
signated on the Development Plan as subject to the regula-
tions of other zoning districts established by Title 20 of
isthis Code. Said subdivision shall comply with the provisions
of Title 19 of this Code, as amended, and the State Sub-
division Map Act.
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proved, 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 circulation 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 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 recommenda-
tion.
(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.
20.51.080 Commencement of Construction. Building
construction shall not be commenced unless and until one
of the following alternatives has occurred:
(a) There has been recorded a final sub-
division map for any specific portion of the district de-
signated on the Development Plan as subject to the regula-
tions of other zoning districts established by Title 20 of
isthis Code. Said subdivision shall comply with the provisions
of Title 19 of this Code, as amended, and the State Sub-
division Map Act.
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(b) Standards of development have been
approved on the Development Plan for the specific sector
proposed for development.
(c) The Planning Commission has granted
a use permit for any specific development.
20.51.090 Application for Use Permit Development.
Where a use permit is required pursuant to Section 20.51.030(e)
or 20.51.060(b)93) of this Code, an application shall include
the following documents and materials submitted in such quan-
tities as determined by the Community Development Director:
(a) A map showing the location of the
project in relation to the approved Development Plan.
(b) Topographic map and preliminary
grading plan of the property showing the proposed method
of adapting the development to the site.
(c) Legal description or boundary survey
of the property.
(d) General location, grades, widths
and types of improvements proposed for all streets, and
general plan of water, sewer and drainage systems.
(e) Preliminary concept or design drawings
indicating proposed walkways, driveways and service areas.
(f) General location and number of resi-
dential units, if any, for each proposed structure.
(g) General location and design of auto-
mobile parking areas.
(h) Preliminary landscaping concept plan.
(i) Location of public or quasi - public
buildings or areas, including, but not limited to, schools,
recreation facilities, parking and service areas, if any.
(j) At the discretion of the Community
Development Director, preliminary elevations of structures
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or a written description indicating architectural theme
or type of development.
(k) Irrevocable offers to dedicate those
areas shown on the Plan as public property.
( ) Method by which the property could
be divided for the sale or lease of individual parcels.
(m) Method by which open space areas are
to be perpetually maintained.
(n) Other plans or information the Com-
munity Development Director determines to be necessary
to insure substantial compliance with the intent of this
Chapter.
20.51.100 Conformance Requisite to Building Permit
Issuance. The Community Development Department shall insure
that a P -C District development is undertaken and completed
in conformance with the approved building plans and the
terms and conditions of the Development Plan or use permit
for such development. No building permit shall be issued
for any construction or development which does not conform
to such plans, terms and conditions."
SECTION 2. This ordinance shall be published once in
the official newspaper of the City, and the same shall be effec-
tive 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 ,29th
day of October , 1973, and was adopted on the 12th day
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of November 1973, by the following vote, to wit:
• AYES, COUNCILMEN: Rogers,
Croul, Dostal, Kymla, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN:Mclnnis
ATTEST:
s.
City Clerk
® CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
DATE _!� 0_J _ Yi 1973
9Q.�2l.._. ......_._P.__......
TYERK OF THE CITY OF N ORT BEACH
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10/23/73