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Home My WebLink About88-28 - Amending Chapter 20.84 (Amendments) of the Municipal Code Pertaining to the Distribution of Public Notices for Proposed Amendments to Title 20 of the Municipal Code (Planning Commission Amendment No. 666)ORDINANCE NO. 88 -28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.84 (AMENDMENTS) OF THE MUNICIPAL CODE PERTAINING TO THE DISTRIBUTION OF PUBLIC NOTICES FOR PROPOSED AMENDMENTS TO TITLE 20 OF THE MUNICIPAL CODE (Planning Commission Amendment No. 666) The City Council of the City of Newport Beach DOES HEREBY ORDAIN, as follows: Section 1. Chapter 20.84 is amended to read as follows: A M E N D M E N T S CHAPTER 20.84 Sections: 20.84.010 20.84.020 20.84.030 20.84.040 20.84.050 to 20.84.060 20.84.070 AMENDMENTS Method of Amendment. Initiation. Public Hearings. Action by Planning Commission. Action by City Council. Right of Review by City Council. Notice to County Assessor and Owner 20.84.010 METHOD OF AMENDMENT. This Title may be amended by changing the boundaries of districts or by changing any other provisions thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this Chapter. (Ord. 635, 1950: 1949 Code § 9106.5). 20.84.020 INITIATION. An amendment may be initiated by: (a) The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanied by a fee as established by Resolution of the City Council, no part of which shall be returnable to the petitioner. • (b) Resolution of intention of the City Council. (c) Resolution of intention of the Planning Commission. (Ord. 1686, § 11, 1976: Ord. 1611 § 4, 1975: Ord. 1566 § 4, 1974: Ord. 1272 § 7, 1968: Ord. 1011, 1962: Ord. 635, 1950: 1949 Code § 9106.51). - 1 - 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 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 PROPERTY OWNERS. In case the proposed amendment consists of a change 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 affected by the proposed amendment, and 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. toIf the number of owners to whom notice would be mailed pursuant to this Section is greater than 100 (one hundred), the Planning Director, at his discretion, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one - eighth page in two newspap- ers of general circulation within the City at least ten days prior to the hearing. In all cases, notice shall be given by mail to the owner of property that is the subject of the proposed amendment. In addition to the mailed notice, notice of 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. (Ord. 1705 § 7, 1977: Ord. 1695 § 4, 1976: Ord. 1465 § 4, 1972: Ord. 845, 1958: Ord. 635, 1950: 1949 Code §- 9106.52). • C. CONTENT OF NOTICE. The notice required by this Section shall include, at a minimum, the date, time, and place of the public hearing, and a brief description of the amendment. - 2 - D. NOTICE TO AFFECTED HOMEOWNERS ASSOCIATION. In addition, when ap- plicable, the Homeowners Association having jurisdiction over the affected property shall also be notified as provided herein. IL 20.84.040 ACTION BY PLANNING COMMISSION. Following the hearing provided for by Section 20.84.030, the Planning Commission shall approve or disapprove the proposed amendment. If approved, the Planning Commission shall make and file a report of its findings and recommendations with the City Council. The Planning Commission shall make its decision and file its report no later than ninety (90) 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. If the proposed amendment is disapproved, no further action shall be taken 40 thereon unless an appeal is filed in writing with the City Council within twenty -one (21) days after such disapproval. (Ord. 1415 § 6, 1971: Ord. 937, 1960: Ord. 635, 1950: 1949 Code § 9106.53). 20.84.050 ACTION BY CITY COUNCIL. Upon receipt of such report from the Planning Commission, or upon the expiration of the time limit prescribed in Section 20.84.040, or upon the filing of any appeal, the City Council shall set the matter for one public hearing giving notice thereof as prescribed in Section 20.84.030. Notice shall also be given to the Planning Commission of such appeal, and the Planning Commission shall submit a report of its findings and recommen- dations to the City Council setting forth the reasons for the decision of the Commission, or the Commission shall be represented at the hearing. • 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 recommendation. Said notice of appeal shall be accompanied by a fee as established by Resolution of the IoW City Council. The decision of the City Council shall be rendered within sixty days after the receipt of a report and recommendation of approval from the Planning Commission or after the expiration of the time limit prescribed in Section 20.84.040, or within sixty days after the filing of any appeal. (Ord. 1686, § 12, 1976: Ord. 1548 § 1, 1974: Ord. 1272 § 8, 1968: Ord. 937, 1960: Ord. 635, 1950: 1949 Code § 9106.54). 20.84.060 RIGHT OF REVIEW BY CITY COUNCIL. Any proposed amendment to this Title, initiated by the City of Newport Beach, which is disapproved by the Planning Commission, may be reviewed by the City Council on its own motion, adopted by four affirmative votes. The City Council's right to review may be exercised at any time prior to the expiration of 21 days from the date on which the Planning Commission renders its decision. In any amendment proceeding in which the City Council exercises its right of review, the City Clerk shall set the matter for public hearing, giving notice thereof as prescribed in Section 20.84.030. The City Clerk shall also give written notice to the Planning Commission and to the Planning Planning Commission's proceedings, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commission in reaching its decision. (Ord. 1548 § 2, 1974: Ord. 1414 § 1, 1971). 20.84.070 NOTICE TO COUNTY ASSESSOR AND OWNER. Within thirty (30) days following the effective date of any Amendment which results in a change from one district to any other district, the Planning Department shall notify the County Assessor and the owner of record, in the event the Amendment was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code. (Ord. 1705 § 8, 1977). 40 • Section 2. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. - 4 - Upon receiving notice of the City Council review proceeding, goDepartment. the Planning Department Director shall submit a written report of the Planning Commission's proceedings, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commission in reaching its decision. (Ord. 1548 § 2, 1974: Ord. 1414 § 1, 1971). 20.84.070 NOTICE TO COUNTY ASSESSOR AND OWNER. Within thirty (30) days following the effective date of any Amendment which results in a change from one district to any other district, the Planning Department shall notify the County Assessor and the owner of record, in the event the Amendment was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code. (Ord. 1705 § 8, 1977). 40 • Section 2. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. - 4 - 6% to w This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of July, 1988, and adopted on the 8th day of Ay Rust, 1988, by the following vote, to wit: AYES. COUNCILMEMBERS Cox, Hart, Maurer Plummer, Sansone, Strauss, Turner NOES, COUNCILMEMBERS d: \wp \ord2084August 1, 1988 - 5 -