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HomeMy WebLinkAbout1695 - Noticing Adjacent Property OwnersORDINANCE NO. 1695 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20.80.050, • 20.81.040, 20.82.040, 20.84.030, 19.12.040, and 19.12.070 OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY PERTAIN TO AND CLARIFY THE RESPONSI- BILITY FOR PROVIDING THE NAMES AND ADDRESSES OF ADJACENT PROPERTY OWNERS FOR REQUIRED PUBLIC NOTICES The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 20.80.050 B. of the Newport Beach Municipal Code is amended to read: "20.80.050 PUBLIC HEARINGS. B. Required Notice. When it is deemed advisable to hold a public hearing, notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain • more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. If any properties included within the radius referred to above are located outisde the limits of the City of Newport Beach, then the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any City in which such properties are located, or to the Orange County Planning Commission in such cases where such • properties lie within the unincorporated portion of the County. In addition to the mailed notice, such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten (10) • days prior to the hearing." SECTION 2. Section 20.81.040 of the Newport Beach Municipal Code is amended to read: "20.81.040. REQUIRED NOTICE. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of one hundred (100) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. If any properties included within the radius referred • to above are located outside the limits of the City of Newport Beach, the mailed notice need not be given to those property owners; but in lieu thereof, the Modifica- tions Committee may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located, or to the Orange County Planning Commission in such cases where such properties lie within the unincorporated portion of the County. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing." SECTION 3. Section 20.82.040 A. of the Newport Beach Municipal Code is amended to read: • "20.82.040 PUBLIC HEARINGS. A. Required Notice. A public hearing shall be held on all variances, except -2- .% as otherwise provided in this Chapter, within sixty (60) days after filing of the application; provided, however, that public hearings need not be held on applications • over which jurisdiction has been delegated to the Director of Community Development. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a. radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. If any properties included within the radius referred to above are located outside the limits of the City of Newport Beach, the mailed notice need not be given to • those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located, or to the Orange County Planning Commission in such cases where such properties lie within the unincorporated portion of the County. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing." SECTION 4. Section 20.84.030 of the Newport Beach Municipal Code is amended to read: "20.84.030. PUBLIC HEARINGS. A. Required Notice. The Planning Commission shall hold at least one public • hearing on any proposed amendment, and shall give notice .. -3- thereof by at least one publication in a newspaper of general circulation within the City at least ten (10) days prior to the first of such hearings. B. Required Notice to Neighboring Property Owners. • In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify any property from any district to any other district, the Planning Commission shall cause additional notice of such hearing to be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. If any properties included within the radius referred • to above are located outisde the limits of the City of Newport Beach, the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located or to the Orange County Planning Commission in such cases where such properties lie within the unincorporated portion of the County. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing." SECTION 5. Section 19.12.040 C. of the Newport Beach Municipal Code is amended to read: • "19.12.040 SUBDIVISIONS CONTAINING LESS THAN FIVE LOTS. C. Required Notice. Notice of such hearing shall -4- be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, • from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the subdivider to obtain and provide to the City the names and addresses of owners as required by this section. If any properties included within the radius referred to above are located outside the limits of the City of Newport Beach, then the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located, or to the Orange County • Planning Commission in such cases where such properties lie within the unincorporated portion of the County. In addition to the mailed notice, such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing." SECTION 6. Section 19.12.070 B. of the Newport Beach Municipal Code is amended to read: 1119.12.070 B. Required Notice. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred • (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the subdivider to obtain and provide to the City the names and addresses -5- 6 ^i of owners as required by this Section. If any properties included within the radius referred to above are located outside the limits of • the City of Newport Beach, then the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located, or to the Orange County Planning Commission in such cases where such properties lie within the unincorporated portion of the County. In addition to the mailed notice, such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing." SECTION 7. 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 13th day of September , 1976, and was adopted on the 27th day of September , 1976, by the following vote, to wit: ATTEST: City Clerk CERTIFIED AS THE OR!G!NAL AND -CERTFED AS 1'0 PUBLICATION SEP j ,8 ,y76 DA�T�E �...... - - - -- . ��.. �.....:.....`.�k! Qom............_ ................ ........... CITY CLERK OF TRH CITY OF �c :YD r, uE:,CH AYES, COUNCILMEN: Dostal, Barrett, Kuehn, McInnis, Ryckoff, Williams NOES, COUNCILMEN: None ABSENT COUNCILMEN:None VAC VACARO First Dj str4ct ayor HRC:yz 9/7/76