The URL can be used to link to this page

Home My WebLink About88-23 - Amending Chapter 20.52 (Open Space District) of the Newport Beach Municipal Code so as to Establish Two Classifications of Open Space Which Will Distinguish Between Active and Passive Recreational Areas (Planning Commission Amendment No. 664)4$ to follows: ORDINANCE NO. 88 -23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.52 (OPEN SPACE DISTRICT) OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH TWO CLASSIFICATIONS OF OPEN SPACE WHICH WILL DISTINGUISH BETWEEN ACTIVE AND PASSIVE RECREATIONAL AREAS (Planning Commission Amendment No. 664) The City Council of the City of Newport Beach DOES HEREBY ORDAIN, as SECTION 1 Sections: Chapter 20.52 is amended to read as follows: 20.52.010 Intent and Purpose. 20.52.020 Effect of Chapter. 20.52.030 Establishment of 0 -S Districts. 20.52.040 Uses Permitted. 20.52.050 Uses Requiring Use Permit. 20.52.060 Parking. 20.52.070 Building Height. 20.52.010 INTENT AND PURPOSE. The O -S District is intended to prohibit intensive urban development of those areas of the City which are subject to hazards of flood, erosion, geologic instability, earthquake faulting, and fires; to assure permanent open space in and for public parks, beaches and recreation areas, marine and wildlife preserves, land preserves, watershed areas, spreading grounds, and settling basins wherein development would adversely affect public use and natural environmental benefits; to regulate commercial activities in recreational areas; and to allow for the temporary preservation of agricultural and natural areas. (Ord. 1730 S 1 (part), 1977: Ord. 1485 5 1 (part), 1973). • 20.52.020 EFFECT OF CHAPTER. All sections of this Title shall be subject to the provisions of this chapter. (Ord. 1730 S 1 (part, 1977: Ord. 1485 5 1 (part), 1973). 20.52.030 ESTABLISHMENT OF O -S DISTRICTS. This Section estab- lishes two classifications of Open Space, which are identified by a parenthet- ical (A) for those areas where active recreational uses are permitted, and a parenthetical (P) for those areas where only passive recreational uses are permitted and access is limited or otherwise controlled. 20.52.040 USES PERMITTED. A. The following uses shall be permitted in the O -S (A) District: (1) Privately owned or public open recreation areas, parks, paseos, permanent landscape or open space, playgrounds, beaches, ceme- teries, and such buildings and structures as related thereto, but permitting no commercial or retail uses or services or commercial recreational uses where an admission or use fee is charged, except as permitted under Section 20.52.050 of this Chapter. (2) Agricultural and horticultural uses and such buildings and structures as related thereto subject to the provisions of Section 20.52.050 of this Chapter. (3) Public bicycle routes, hiking trails, and other pedestrian ways. go (4) Public parking. (5) Marinas, harbors, mooring facilities subject to City Council Harbor Permit Policy. (6) Other similar uses which in the opinion of the Planning Commission would fulfill the intent of this Section. (Ord. 1730 5 1 (part), 1977: Ord. 1485 5 1 (part), 1973). B. The following passive recreational or open space uses or facilities shall be permitted in the 0 -S (P) District: (1) Marine and wildlife preserves. (2) Public hiking trails or access ways. (3) Public viewing facilities such as observation platforms or nature study areas. (4) Drainage channels, water courses, spreading grounds, settling • basins, reservoirs, power and utility lines, and any access roads necessary to provide service to these facilities. (5) Other similar uses, which in the opinion of the Planning Commis- sion would fulfill the intent of this Section. - 2 - 20.52.050 USES REQUIRING USE PERMIT. A. The following active recreational uses shall be permitted in the 0 -S(A) District subject to the approval of a Use Permit in each case. Any such use which was in existence prior to the property being reclassified to Open Space may be continued or altered without securing a use permit provided that there is no increase in the intensity of use: (1) Residential structures for a watchman or caretaker and his family. (2) Public or private commercial recreational facilities, including but not limited to golf courses, aquatic parks, tennis clubs and yacht clubs or other similar uses, where an admission or use fee or club membership fee is charged or required. (3) Night lighting other than normal parking or security lights. (4) Other similar uses, which in the opinion of the Planning Commission, would fulfill the intent of this Section. (Ord. 1730 § 1 (part), 1977: Ord. 1485 § 1 (part), 1973). B. In the O -S(P) District any construction or grading activity in conjunction with the development or establishment of any use permitted by fo Section 20.52.040 that requires the issuance of a building or grading permit shall be subject to the approval of a Use Permit in each case. 20.52.060 PARKING. Parking shall be provided in accordance with the provisions of Title 20 or shall be established by the Planning Commission. (Ord. 1730 § 1 (part), 1977: Ord. 1485 § 1 (part), 1973). 20.52.070 BUILDING HEIGHT. The building height limit shall be as specified in Chapter 20.02. (Ord. 1730 9 1 (part) , 1977: Ord. 1485 § 1 (part) , 1973). SECTION 2. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (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 27th day of June, 1988, and adopted on the 11th day of July , 1988, by the following vote, to wit: - 3 - ATTEST: MM—Y-CN—ERK w CG /kk CC23 AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Turner NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Strauss