HomeMy WebLinkAbout1551 - Planned Community District NotificationORDINANCE NO. 1551
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AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTIONS 20.51.030 AND 20.51.070,
CHAPTER 20.51 OF THE NEWPORT BEACH MUNICIPAL
CODE, PERTAINING TO PUBLIC NOTIFICATION
REQUIREMENTS IN "PLANNED COMMUNITY DISTRICT"
• The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Section 20.51.030 of the Newport Beach
Municipal Code is amended to read:
"20:51.030 General Requirements. The following pro-
visions shall apply to all P -C Districts:
(a) The entire parcel for which an application 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 -C 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) The 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 processed without
a Development Plan, provided that said plan shall be
subsequently prepared, as prescribed by Sections 20.51.050
and 20.51.060 of this Code, and shall be adopted as
• prescribed in Chapter 20.54 of this Code prior to the
issuance of any permits for development, expansion or
redevelopment.
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(d) If ambiguity exists as to the specific dimen-
sions 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
permanent structures affixed thereto, said improvements
occupying a land area amounting to ten percent (10%)
of the total acreage of the planned community at the time
of application 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
requirement 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."
SECTION 2. 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 P -C District shall substantially
comply with the Development Plan and the City's General
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Plan as approved and adopted by the City Council, To
assure that development 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 disapproving an
amendment to any part or element of the Development Plan.
Notice of the time and place of the hearing shall be
given as prescribed in Section 20.54.030.
(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 Com-
mission 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 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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(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 as prescribed in Section 20.54.030. 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 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 3. 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
14th day of January 1974, and was adopted on the
26th day of January 1974, by the following vote,
to wit:
AYES, COUNCILMEN: McInnis, Rogers, CS oul,
Dostal, Kymla, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
ATTEST: Mayor
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C ty Clerk
CERTIFIED'AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
DATE, ._ _ .._1974 4- DRB /bc
1/8/74
CI CLERK OP THE CITY OP NEWP BEACIp -