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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. -1- (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, -2- 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. -3- 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 -7- 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 -7- 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 ILO 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 WE 9 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. -10- (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 -11- 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." -12- 0 0 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