HomeMy WebLinkAbout1485 - Open Space DistrictORDINANCE NO. 14 85
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 20.33 TO TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE, ENTITLED
• "OPEN SPACE DISTRICT"
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
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SECTION 1. Chapter 20.33 is added to the Newport
Beach Municipal Code to read:
Sections:
20.33.010
20.33.020
20.33.030
20..33.040
20.33.050
20.33.060
20.33.070
"CHAPTER 20.33
OPEN SPACE DISTRICT
Intent and Purpose.,
Effect of Chapter..
Establishment of OS Districts.
Uses Permitted.
Uses Requiring Use Permit.
Site Area.
Building Height.
20.33.010 Intent and Purpose. The OS 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; and to allow for the temporary preservation of
agricultural and natural areas.
20.33.020 Effect of Chapter. All sections of this
Title shall be subject to the provisions of this Chapter.
20.33.030 Establishment of OS Districts.. Land may
be placed.in the OS District under the following conditions:
A. Where land is in public ownership and in use as:
1. Public parks, schools, paseos, play-
grounds, beaches, marine and wildlife preserves.
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2. Drainage or flood control channels,
creeks, rivers, or other water courses, watersheds,
reservoirs.
• 3. Power transmission easements, or
other public utility corridors.
B. Where land is in public ownership and intended
for future use as:
1. Public parks, schools, paseos,
playgrounds, beaches, marine and wildlife preserves.
2. Public harbors or marinas.
C. Public or privately owned land when the use of
said land would endanger the public health, safety or
general welfare including:
1. Areas where natural topography may be
too steep to build upon and /or where the grading or develop-
ment of the land would endanger public health or safety due
to unstable geologic conditions, erosion or flooding.
• 2. Areas subject to severe seismic
hazards, including surface ruptures from faulting, ground.
shaking and soil liquefaction.
3. Areas subject to flooding or inundation
from storm water or tidal movements.
4. Areas under airport takeoff and ap-
proach patterns.
5. Other privately owned land at the
request of the owner(s).
D. Privately owned land upon formal agreement between
the owner(s) and the City:
1. Private parks, schools, paseos, play -
grounds, greenbelts, beaches, marinas, yacht clubs, mooring
facilities, and marine and wildlife preserves..
• 2. Areas of unique natural beauty (natural
landforms, prominent features, landscapes, natural vistas),
available to public access and views.
3. Private golf courses, tennis clubs,
aquatic parks, and cemeteries.
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E. Privately owned land upon formal agreement for a
specific period of time between the owner(s) and the City:
1. Land which is in agricultural or
• horticultural use.
2. Land which is substantially in its
natural state.
3. Land which is of particular historic,
cultural, or scientific value.
20.33.040 Uses.Permitted. The following uses shall
be permitted in the OS Districts.
A. Privately owned or,public open recreation areas,
parks, schools, paseos, playgrounds, beaches, marine and
wildlife preserves, and such buildings and structures as
related thereto, but permitting no commercial recreational
uses where an admission fee is charged, except as permitted
under Section 20.33.050 of this Chapter.
B. Agricultural and horticultural uses and such
buildings and structures'as related thereto subject to
• the provisions of Section 20.33.050 of this Chapter.
C. Public bicycle, routes, hiking trails, and other
pedestrian ways.
D. .Public parking.
E. Drainage channels, water courses, spreading
grounds, settling basins.
20.33.050 Uses Requiring Use Permit. The following
uses shall be permitted subject to the securing of a Use
i
Permit in each case,:
A. Residential structures for a watchman or care-
taker,and his family.
B. Commercial recreational facilities and uses of an
open nature, such as golf courses or aquatic parks, where
• an admission or use fee or club membership fee is charged.
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20.33.060 Site Area. No lot shall be created with
an area of less than one (1) acre, except that the City
Council may permit a smaller lot or may rezone a smaller
lot to the OS -Open Space District upon the finding that
such smaller lot will provide for an open area which is
to be used by the general public or a group of property
owners.
20.33.070 Building Height. The building height
limit shall be as specified in Chapter 20.09."
SECTION 2. This ordinance shallbe 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
8th day of January , 1973, and was adopted'
on.the 22nd day of January , 1973, by the
following vote, to wit:
ATTEST:
City Clerk
CERTIFIED AS THE ORiGINAL AND
- CERTIFIED AS TO PUBLICATION
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CITY CLERK OF THE CITY OF NEWP T BEACH
AYES, COUNCILMEN: McInnis, Rogan^
Dostal, E=kQff, Store
NOES, COUNCILMEN: CM11 ], =la
ABSENT, COUNCILMEN: None
mayor
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