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HomeMy WebLinkAbout1523 - Planned Community DistrictI,- _ T • C] • 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 -1- • L 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 -2- • • • 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. -3- 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 -4- • • 40 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 -5- CI is C 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 -7- r� L_J r �i r �i 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. -9- 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. -9- • i • (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 -10- r �i r E 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 -11- , 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 -12- DRB dm 10/23/73