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HomeMy WebLinkAbout89-24 - Amending Certain Sections of Title 20 of the Municipal Code so as to Establish a "Site Plan Review" Special Zoning District (Planning Commission Amendment 683)ORDINANCE NO. 89 -24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CERTAIN SECTIONS OF TITLE 20 OF THE MUNICIPAL CODE SO AS TO ESTABLISH A "SITE PLAN REVIEW" SPECIAL ZONING DISTRICT (Planning Commission Amendment 683) WHEREAS, numerous sensitive areas exist in the City of Newport Beach, including environmentally sensitive areas, coastal bluffs, viewsheds, and other areas; and WHEREAS, application of the general provisions of the existing Zoning Code may not adequately ensure against adverse effects due to development of such areas; and WHEREAS, additional review of proposed development in such areas may be warranted; and WHEREAS, on August 10, 1989, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 683, and at that time voted to recommend that the City Council approve the amendment. WHEREAS, on September 11, 1989, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this ordinance; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Newport Beach Municipal Code is hereby amended to include Chapter 20.01.070 SITE PLAN REVIEW. A. PURPOSE. The City Council finds that developments in certain sensitive areas may have potentially adverse effects on the surrounding area or on sensitive resources, or may interfere with the implementation of specific objectives of the General Plan or Specific Area Plans. The effect of this Section is to establish a "Site Plan Review " (SPR) overlay district and to require Site Plan Review by the Planning Commission for any proposed development, except as provided in Sub - section C, within an SPR Overlay District to insure that the project conforms to the objectives of the General Plan. B. FINDINGS. The City Council finds, determines and declares that the establishment of Site Plan Review procedures contained in this Section promotes the health, safety, and general welfare of the community by ensuring that: (1) Development of properties in the SPR Overlay District will not preclude implementation of specific General Plan or Specific Area Plan objectives and policies. (2) The value of property is protected by preventing development characterized • by inadequate and poorly planned landscaping,excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area. (3) The benefits derived from expenditures of public funds for improvement, acquisition and beautification of streets, parks, and other public facilities are -1- maximized by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. (4) Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. C. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area or increase the roofline or height, within the SPR Overlay District or other property which has been designated for Site Plan Review as a condition of approval for a resubdivision or tract map by the Planning Commission or City Council. Except as provided in Chapter 20.60, Specific Plan District, no site shall be placed in the SPR Overlay District or be otherwise subject to Site Plan Review unless one of the following criteria is met: (1) The site contains areas having a slope in excess of 26.6 degrees (50 % slope). (2) The site contains or is immediately adjacent to coastal bluffs. (3) Development of the site has the potential to affect public views. (4) Development of the site has the potential to affect environmentally sensitive areas including: a. Areas supporting species which are rare, endangered, of limited distribution, or otherwise sensitive. b. Riparian areas. C. Freshwater marshes. d. Saltwater marshes. e. Intertidal areas. f. Other wetlands. g. Unique or unusually diverse vegetative communities. (5) The site is located in a geologic hazard area, as described in the General Plan. (6) The site is in a Residential District subject to noise levels greater than the 65 Community Noise Equivalent Level (CNEL). (7) The site contains significant historical or archaeological resources or is in an area of unique historical or archaeological interest. (8) The site is immediately adjacent to a thoroughfare designated as a Scenic • Highway or Scenic Drive in the Recreation and Open Space Element of the General Plan. (9) The site is immediately adjacent to the ocean or bay. (10) The site directly abuts a residential district, but is located in a district designated for nonresidential use. (11) A density bonus is proposed, or has been granted, for the site. -2- 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 areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, 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 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 development 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 as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. (Ord. 1686, § 1, 1976) F. STANDARDS. In addition to the general purposes set forth in Sub - section B, in 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: (1) Sites subject to Site Plan Review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed; (2) Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; (3) Development shall be sited and designed to maximize protection of public views, with special consideration given to views from public parks and from roadways designated as Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan; • (4) Environmentally sensitive areas shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; - 3 - (5) No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; (6) Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less; (7) Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development; (8) Development shall be consistent with specific General Plan and applicable Specific Area Plan policies and objectives, and shall not preclude the implementation of those policies and objectives; (9) Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources; (10) When feasible, electrical and similar mechanical equipment and trash and storage areas shall be concealed; (11) Archaeological and historical resources shall be protected to the extent feasible; (12) Commercial development shall not have significant adverse effects on residences in an abutting residential district. ®G. PUBLIC HEARING - REQUIRED NOTICE. A public hearing shall be held on all Site Plan Review applications. 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. 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. H. 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. 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. I. 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 - 4 - 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. J. ACTION BY THE CITY COUNCIL. An appeal shall be heard and acted on by the City Council, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K. EXPIRATION AND REVOCATION OF SITE PLAN REVIEW APPROVALS. is(1) Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within 24 months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. (2) Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection therewith. (3) Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. SECTION II. •SECTION 20.60, SPECIFIC PLAN DISTRICT, of the Newport Beach Municipal Code is hereby amended to read as follows: SPECIFIC PLAN DISTRICT Chapter 20.60 SPECIFIC PLAN DISTRICT Sections: 20.60.010 Authority and Scope. 20.60.020 Effect of Chapter. 20.60.030 "SP" Combining District - Uses Permitted and Development Standards. 20.60.040 "SP' Individual District - Uses Permitted and Development Standards. 20.60.050 Adoption or Amendment of Specific Plans isand Application of the "SP' District. 20.60.010 AUTHORITY AND SCOPE. The Planning Commission may, or if so directed by the City Council shall, prepare specific plans based on the general plan and drafts of such regulations, programs, and legislation as may in its judgment be required for the systematic execution of the General Plan and the Planning Commission may recommend such plans and measures to the City Council for adoption according to - 5 - the provisions of California Government Code Sections 65450 through 65550 which are incorporated herein by this reference as if fully set forth. Such specific plans may include: (a) Regulations limiting the location of buildings and other improvements with respect to existing or planned rights -of -way. • (b) Regulation of the use of land and buildings, the height and bulk of buildings, and the open spaces about buildings. (c) Street and highway naming and numbering plans in order to establish the official names of streets and highways, to remove conflicts, duplication and uncertainty among such names, and to provide an orderly system for the numbering of buildings and properties. (d) Such other matters which will accomplish the purposes of this chapter, including procedure for the administration of such regulations. (e) Such other measures as may be required to insure the execution of the general plan. (Ord. 1500 § 1 (part), 1973). 20.60.020 EFFECT OF CHAPTER. The following regulations shall apply to all property within a District where the District symbol is combined with the "SP" - Specific Plan Symbol and all property within the "SP" - Specific Plan District, when applied as a separate district. In all cases the "SP" symbol shall be followed by a number to designate the Specific Plan (e.g., SP1: Specific Plan Number 1) and the development that shall be permitted subject to provisions of the designated Specific Plan and the regulations of this chapter. (Ord. 1500 § 1 (part), 1973). 20.60.030 "SP" COMBINING DISTRICT - USES PERMITTED AND DEVELOPMENT STANDARDS. The "SP" symbol may be applied as a combining district (e.g., CNH -SP) where the Specific Plan regulations are intended to apply only to specific uses and development of land. In these cases, where the Specific Plan regulations may differ from the regulations of the base district, the regulations of the Specific Plan shall apply. (Ord. 1500 § 1 (part), 1973). 20.60.040 "SP" INDIVIDUAL DISTRICT - USES PERMITTED AND DEVELOPMENT STANDARDS. Any use or development of property within an "SP" District where the "SP" symbol is not combined with another District shall be in compliance with the regulations of the referenced Specific Plan. (Ord. 1500 § 1 (part), 1973). 20.60.050 ADOPTION OR AMENDMENT OF SPECIFIC PLAN AND APPLICATION OF THE "SP" DISTRICT. Specific Plans shall be adopted and amended by ordinance pursuant to the provisions of Chapter 20.84 of this Code. (Ord. 1500 § 1 (part), 1973). 20.60.060 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 have potentially adverse effects on the surrounding area, or may interfere with the •implementation of specific objectives of the General Plan or Specific Area'Plans. 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 development of Specific Area Plans to insure that the project conforms to the objectives of the General Plan. B. - FINDINGS. The City Council finds, determines and declares that the establishment of Site Plan Review procedures contained in this Section promote the health, safety, and general welfare of the community by ensuring that: V (1) Development of properties in Specific Area Plan areas will not preclude implementation of specific General Plan or Specific Area Plan objectives and policies. (2) The value of property is protected by preventing development in Specific Area Plan Areas which is characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures • and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area. (3) The benefits derived from expenditures of public funds for improvement, acquisition and beautification of streets, parks, and other public facilities are maximized by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. (4) Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. C. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, 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, or increase the roofline or height, 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. Exception: Site Plan Review shall not be required for construction or alteration of single - family dwellings or duplexes in any residential zone where such development is consistent with the land use designation of the General Plan. (Ord. 1769 is§ 1, 1978) D. PLANS AND DIAGRAMS TO BE SUBMITTED. Plans and diagrams shall be submitted in accordance with Section 20.01.070D. E. FEE. The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. (Ord. 1686, § 1, 1976) F. STANDARDS. In addition to the general purposes set forth in Sub - section B, in order to carry out the purposes of this chapter, the site plan review procedures estab- lished by this Section shall be applied according to and in compliance with the standards contained within Section 20.01.070F. G. ACTION. Action by the Planning Commission and the City Council shall be in accordance with the provisions of Sections 20.01.070 H, I, and J. H. EXPIRATION AND REVOCATION OF SITE PLAN REVIEW APPROVALS. Expiration or revocation of Site Plan Review Approvals shall be in accordance with Section 20.01.070 K. 20.60.070 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 implementation 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. - 7 - 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. C. CRITERIA FOR USE PERMIT. In addition to the provision of Chapter 20.80 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 attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. (Ord. 1640 § 2, 1975) This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of August 1989, and was adopted on the 11th day of Sept. 1989, by the following vote, to wit: AYES, COUNCIL MEMBERS TURNER, SANSONE, STRAUSS, HART, COX • NOES, COUNCIL MEMBERS NONE ATTEST CITY CLERK Am f:\ORD\A683-SPR.828 MW ABSENT COUNCIL MEMBERS PLUMMER, WATT MAYOR