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HomeMy WebLinkAbout1640 - Specific Plan AreasNO. 1640 AN ORDINANCE OF THE CITY OF NEWPORT BEACH • ADDING SECTION 20.08.290 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "SPECIFIC PLAN AREAS - SITE PLAN REVIEW REQUIRED" AND ADDING SECTION 20.08.295 TO THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "USE PERMIT REQUIRED - SPECIFIC PLAN AREAS ". The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 20.08.290 is added to the Newport Beach Municipal Code to read: "Section 20.08.290. Specific Area Plan Areas - Site Plan Review required. A. Purpose. The City Council finds that developments in areas designated for Specific Area Plans for which a Specific Area Plan.has not been adopted, may conflict with, the existing or contemplated character of said district, • thereby precluding the implementation of the General Plan policies and objectives. The effect of this Section is to require Site Plan Review by the Planning Commission for any proposed development, except as provided in Sub - section C, within areas designated by the General Plan for the develop- ment of Specific Area Plans to insure that the project conforms to the objectives of the General Plan. B. Generally. The City Council finds, determines and declares that the establishment of the Site Plan Review procedures contained in this Section are necessary to preserve and promote the health, safety, and general welfare of the community by achieving the following purposes. 1 To assure that development of properties in Specific Area Plan areas will not preclude attainment of • the General Plan objectives and policies. 2 To protect and preserve the value of properties and to encourage high quality development thereof in Specific Area Plan Areas where adverse effects will result from inadequate and poorly planned landscaping and from failure • to preserve where feasible natural landscape features, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area; 3. To ensure that the public benefits derived from expenditures of public funds for improvement and beautifica- tion of streets and public facilities within Specific Area Plan areas shall be protected by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces; 4. To promote the maintenance of superior site location characteristics adjoining certain thoroughfares of city -wide importance to ensure that the community benefits from the natural terrain, harbor and ocean, and to preserve and stabilize the grounds adjoining said thoroughfares, and to preserve and • protect the property values in said areas. C. Application. Site Plan Review approval shall be obtained prior to the issuance of a Building Permit for any new building to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area by 50% or 2,500 square feet whichever is less, within an area designated on the land use plan of the General Plan for the development of a Specific Area Plan, for which a Specific Area Plan has not been adopted. D. Plans and Diagrams to be submitted. The following plans and diagrams shall be submitted to the Planning Commission for approval: 1. A plot plan, drawn to scale, showing the • arrangement of buildings, driveways, pedestrian ways, off - street parking and off - street loading areas, landscaped -2- • • • areas, signs, fences and walks. The plot plan shall show the location of entrances and exists, and the direction of traffic flow into and out of off - street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility services and drainage are to be provided; 2. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation; 3. Grading plans when necessary to ensure develop- ment properly related to the site and to surrounding properties and structures; 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. Fee. The applicant shall pay a fee of $50.00 to the City with each application for Site Plan Review under this chapter. F. Standards. In addition to the general purposes set forth in Sub - section Pin order to carry out the purposes of this chapter as established by said section, the site plan review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: -3- • • • 1. To ensure that sites subject to Site Plan Review under the provisions of this chapter are graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, and that trees and shrubs are not indiscriminately destroyed; 2. To ensure that buildingst structures and signs are properly related to their sites and are in keeping with the character of the neighborhood and surrounding sites and are not detrimental. to the orderly and harmonious development of their surroundings and of the city; 3. To ensure that open spaces, parking areas, pedestrian walks, illumination and land- scaping (including sufficient irrigation facilities) are adequately related to the site and are arranged to achieve a safe, efficient and harmonious development, to accomplish the objectives as set forth in this Chapter; 4. To ensure that sites are developed to achieve a harmonious relationship with existing and proposed adjoining developments. 5. To ensure, when feasible, effective concealment of electrical and similar mechanical equipment and trash and storage areas; 6. The Site Plan Review process shall endeavor to ensure that proposed improvements will not impair the desirability of investment or occupancy nearby; and originality in site planning and landscaping shall not be suppressed; 7. To ensure that the site plan and layout of the buildings, parking areas, pedestrian and vehicular access ways, and other site features gives proper consideration to the functional aspects of the site development; 8. To ensure that the proposed development is in keeping with the desired character of the Specific Area Plan area as identified by the General Plan; 9. To ensure that the proposed development is consistent with the General Plan policies; and -4- _..:T • 10. To ensure that the proposed development will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. G. Action by the Planning Commission. If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. Failure of the Commission to act within thirty (30) days from the date the drawings are submitted shall be deemed an approval of the plans and diagrams unless the applicant consents to an extension of time. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty -one (21) days following the Commission action thereon unless, within the twenty -one (21) day appeal period an appeal in writing has been filed by the applicant, the Commission has requested a review of its decision, or unless the City Council, not more than twenty -one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. H. Appeal to the City Council. Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant at any time within twenty -one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Department of Community Development. Such letter shall set forth the grounds upon which the appeal is based. -5- • • • I. Action by the City Council. An appeal shall be heard and acted on by the City Council within thirty (30) days after the Commission action, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision of the Commission. Such action by the City Council shall be final. J. Lapse of Site Plan Review approval. Site Plan Review approval shall lapse and shall be void one year follow- ing the date upon which the plans and diagrams were approved, as provided in this Section, unless prior to the expiration of said one (1) year period a building permit is issued and subsequently construction is diligently pursued until completion, or unless an extension of time is granted by either the Commission or City Council, whichever took the final action. SECTION 2. Section 20.08.295 is added to the Newport Beach Municipal Code to read: Section 20.08.295. Use Permit Required - Specific Plan Areas. A. Purpose. The City Council finds that development of office buildings exceeding 5,000 square feet in floor area in areas designated for Specific Area Plans for which a Specific Area Plan has not been adopted may conflict with the existing or contemplated character, appearance, use or design of said district, thereby precluding the implementa- tion of the General Plan policies and objectives. The effect of this Section is to require use permits for any proposed office building with a gross floor area exceeding 5,000 square feet in said areas to insure that the project conforms to the objectives of the General Plan. B. Use Permit Required. A Use Permit shall be obtained prior to the issuance of a Building Permit for any new office building exceeding 5,000 square feet gross floor area within an area designated on the land use plan of the General Plan for the development of a Specific Area Plan, for which a Specific Area Plan has not been adopted. -6- C • C. Criteria for Use Permit. In addition to the provision of Chapter 20.46 of this Code, in granting a Use Permit under this Section, the Planning Commission, or City Council, if the matter is to be determined by the City Council shall find that: 1). The proposed office building is in keeping with the desired character of the specific plan area as identified by the General Plan. 2). The proposed building is consistent with the General Plan policies, and 3). The proposed use will not preclude the attain- ment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be 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 8th day of September , 1975, and was adopted on the 14th day of October , 1975, by the following vote, to wit: ATTEST: , fV4, 0 t r, ty lerk AYESr COUNCILMEN: McInnis, Barrett. Dostal, Kuehn, Rogers, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: None M or r0 empore CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUZUCATION i DA Qcr 16 1975 CITY CLERK OF THE CITY -6 i ORT ®RACM 7 - HRC-yz 8/13/75