The URL can be used to link to this page

Home My WebLink About1854 - Amending Provisions of Title 19 and 20 of the Newport Beach Municipal Code Such that Certain Lot Line Adjustments Would Not be Subject to Procedures Imposed by the State Subdivision Map Act, and Making Technical Changes to Delete therefrom any RefeN ORDINANCE NO. 1854 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING PROVISIONS OF TITLE 19 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE SUCH THAT CERTAIN LOT LINE ADJUSTMENTS WOULD NOT BE SUBJECT TO PROCEDURES IMPOSED BY THE STATE SUBDIVISION MAP ACT, AND MAKING TECHNICAL CHANGES TO DELETE THEREFROM ANY REFERENCE TO THE COMMUNITY DEVELOP - MENT DIRECTOR The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Subsection D is hereby added to Section 19.08.050 of the Newport Beach Municipal Code to read: "19.08.050 Exceptions. D. Lot Line Adjustments. The provisions of this Title do not apply to a lot line adjustment between two or more adjacent parcels, where the following conditions exist: 1. The lot line adjustment is minor and routine in nature, and a determination can be made without the need for extensive review and public involvement; 2. The land taken from one parcel is added to the adjacent parcel; 3. A greater number of parcels than originally existed is not thereby created; 4. The lot line adjustment is approved under pro- cedures set out in Title 20. When the aforementioned conditions have been met, a parcel map, tentative or final map shall not be required." SECTION 2. Section 20.81.010 of the Newport Beach Municipal Code is amended to read: 1120.81.010 Modifications Committee. A Modifications Committee consisting of three members'is hereby established for the purpose of passing upon requests for reasonable use • 0 • of property not permissible under existing regulations. The Modifications Committee shall have authority to grant, subject to appeal to the Planning Commission under provi- sions of this Title, modifications as provided herein. The Committee shall be composed of the following members: The Planning Director or his designated representative, the Public Works Director or his designated representative, and the Building Director or his designated representative. The Planning Director shall act as chairman and staff members shall be assigned to aid the Committee as necessary." SECTION 3. Section 20.81.020 of the Newport Beach Municipal Code is amended, to read: "20.81.020 Powers and Duties. Whenever a strict interpretation of the provisions of Title 20 of this Code, or its application to any specific case or situation would preclude a reasonable use of property not otherwise per- missible under existing regulations, the Modifications Committee may grant approval of such modifications relating to: Required building setbacks in front, side or rear yards; heights of walls, hedges or fences; distances between buildings; area and height of signs; structural appurtenances or projections which encroach into front, side or rear yards; size or location of parking spaces or access to parking spaces; swimming pool and swimming pool equipment encroachments; roof parking of automobiles.; minor modifications and improvements to nonconforming buildings; lot line adjustments; and such items.as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council. The Modifications Committee shall also pass upon all requests to extend existing use permits which have been approved by the Planning Commission and exercised by the applicant." -2- SECTION 4. Section 20.81.050 of the Newport Beach Municipal Code is amended to read: • "20.81.050 Applications. A. Procedure. Application for a modification shall be made in writing to'the Planning Department on forms provided by the City. Applications filed pursuant to this section shall be numbered consecutively in order of their filing and shall become ,a part of permanent official records of the City, and there shall be attached thereto copies of all notices and actions pertaining thereto. Application for modification may be made by the owner, lessee -or agent of the owner of the property affected. The application shall be signed by either the record owner, the lessee or an agent of the owner, if written authorization from the record owner is filed with the application.. However, in the case of a lot line adjustment, the record owners of all parcels involved • shall sign the application form. B. Information Required. An application for a modifi- cation shall be accompanied by the following: 1. Plot plans showing all property lines, struc- tures, parking, driveways, other major improvements or facilities and landscaped areas; 2. Elevations of all proposed structures; 3. Other plans such as floor plans as may be required by the Planning Director to assure a proper consideration of the application; 4. In the case of a lot line adjustment, a map prepared by licensed surveyor or civil engineer showing the line to be adjusted, the property lines of the • adjoining parcels, and structures adjcent to the line to be adjusted. C. Fees. Before receiving any application for a modifi- cation, the City shall, for purposes of defraying the expendi- -3- tures incidental to,the proceedings described herein, charge and collect`a fee as established by resolution • of the City Council for each application." SECTION 5. Section 20.81.060`B. of the Newport Beach Municipal Code is amended to read: "20.81.060 Action by Committee. B. Findings. In order to grant relief to an appli- cant through a modification, the Committee shall find that the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and • further that the proposed modifications is consistent with the legislative intent of Title 20 of this.Code. In the case of lot line adjustments, the following specific findings shall be made: 1. The project site described in the proposal consists of legal building sites; 2. Any land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment; 3. The parcels proposed to be created by the lot line adjustment comply with all applicable zoning regulations, and that there will be no change in the land use, density, or intensity on the property; 4. The lot line adjustment, in and of itself, • will not result in the need for additional improve- ments and /or facilities." -4- • • • SECTION 6. Section 20.81.060 D. of the Newport Beach Municipal Code is amended to read: "20.81.060 Action by Committee. D. Rendering of Decision. After the conclusion of the hearing on any application for a modification, the Committee shall render a decision within fifteen (15) days unless otherwise stipulated by the applicant and the Committee. No permit or license shall be issued for any use or property modification until the decision shall have become final by.reason of the expiration of time to make an appeal, which for purposes of modifications shall be within fourteen (1.4) calendar days after the date of the Committee's decision. .In the event an appeal is filed, the modification shall not become effective unless and until a decision is made by the Planning Commission on such appeal." SECTION 7. Section 20.81.070 E. 2. of the Newport Beach Municipal Code is amended to read: "20.81.070 AA2eal. E. Appeal to City Council. 2. Date - Notice. The City Clerk shall set a date for public hearing and give notict^e in the same 11 X , manner as prescribed in Section 20.15.040. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission. Upon received Notice of Appeal to the City Council, the Planning Director shall submit a written, report of the Planning Commission proceedings. to the City Council, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision." -5- SECTION 8. Section 20:_81.070 F. of the Newport Beach Municipal Code is amended to read: • "20.81.070 Appeal. F. Right of Review by City Council or Planning Commission. The Planning Commission or City Council, on their own motions, adopted by four affirmative votes, may elect to review any decision of the Modifications Committee approving an application for a modification. The City Council on its own motion, adopted by four affirmative votes,'may also elect to review any decisions of the Planning Commission approving an application for a modification. In the case of a decision from the Modifica- tions Committee, the Planning Commission's or City Council's right of review maybe initiated at any time prior to the expiration of fourteen (14) days from the date on which the • Modifications Committee renders its decision. Said review may be initiated by any member of the Planning Commission or the City Council by notification to the Planning Director. The Planning Director will thereafter impose a temporary stay of the Modifications Committee's actions until such time as the Planning Commission or City Council shall meet and decide to exercise their right of review by four affirmative votes. In the case of a decision from the Planning Commission, the City Council's right of review may be initiated at any time prior to the expiration of twenty -one (21) days from the date on which the Planning Commission renders its decision. In any application fora modification proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the • manner specified in Section 20.81.070E(2). The City Clerk shall also give written notice of the time.and date set for the hearing to the application.and the Planning Commission. • u • Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision." SECTION 9. Section 20.81.075 of the Newport Beach Municipal Code is amended to read: 1120.81.075 Notice to County Assessor and Owner. Within thirty (30) days following the effective date of the Modification Permit, the Planning-Department shall notify the County. Assessor and the owner of record, in the event the Modification Permit was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code." SECTION 10. Section 20.81.100 of the Newport Beach Municipal Code is amended to read: "20.81.100. Administrative Act. The granting of any modification, 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 Modifications.Committee and the Planning Director and the action thereon by the Modifications Commit- tee or Planning Director shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this Title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this Title or the zoning map of the City." SECTION 1.1. 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 9th -7- day of June 1980, and was adopted on the 23rd day of June 1980, by the following • vote, to wit: • ATTEST: t- City Clerk • AYES, COUNCILMEN Cpx, Hart, Heather, Himmel, Maurer, Plumper NOES, COUNCILMEN ABSENT COUNCILMEN Strauss CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION Jilovm�w 5 1980 '- DATE ...... . kv ._.._. -—.6/4/80 TY WSW OF THE EACX ��