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Home My WebLink About95-6 - Amending Chapter 20.69 of the Newport Beach Municipal Code Which Implements the Provisions of California Government Code Article 10.7, Concerning Low and Moderate Income Housing within the Coastal Zone; and Section 20.81.020 Which Delineates the PoORDINANCE NO, 95 -6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.69 OF THE NEWPORT BEACH MUNICIPAL CODE WHICH IMPLEMENTS THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE ARTICLE 10.7, CONCERNING LOW • AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE; AND SECTION 20.81.020 WHICH DELINEATES THE POWERS AND DUTIES OF THE MODIFICATIONS COMMITTEE, SO AS TO ESTABLISH PROVISIONS FOR THE MODIFICATIONS COMMITTEE TO TAKE ACTION ON CONDOMINIUM CONVERSIONS THAT REQUIRE A COASTAL RESIDENTIAL DEVELOPMENT PERMIT WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 20 (the Zoning Code) may be amended whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, the Municipal Code of the City of Newport Beach provides that an amendment to Title 20 may be initiated by the Planning Commission; and WHEREAS, the Planning Commission has determined that the subject amendment is • exempt from the requirements of the California Environmental Quality Act under a Class 5 (minor alterations in Land Use Limitations) exemption; and WHEREAS, pursuant to Section 20.84.30 of the Municipal Code, on February 9, 1995, the Planning Commission held a duly noticed public hearing to consider Amendment No. 817 and at that time voted to recommend that the City Council. approve the Amendment; and WHEREAS, on March 13 . 1995, the City Council of the City of Newport Beach held a public hearing regarding Amendment 817. NOW THEREFORE, the City Council of the City of Newport Beach does hearby ordain as follows: SECTION 1: Section 20.69.50 of the Municipal Code is hearby amended to read • as follows: 20.69.050 AFFORDABLE HOUSING REQUIREMENT. When demolition or conversion activities involve dwelling units occupied by persons and families of low and moderate income, replacement units shall be provided on a one for one basis. A feasibility study shall be required for new dwelling unit construction of 10 or more units when low and moderate income dwelling units are not proposed at the affordability standards contained in the Housing Element of the Newport Beach General Plan. The test of feasibility shall be initially conducted at the Housing Element standard and then at progressively higher standards contained in State Health and Safety Code Section 50093.(Ord. 89 -36, Dec. 13, 1989). SECTION 2: Section 20.69.70 of the Municipal Code is hearby amended to read as follows: 40 20.69.070 PUBLIC HEARING - NOTICE. A Public Hearing shall be held before the Modifications Committee for all CRDP requests involving condominium conversions of 3 or 4 dwelling units, or conversions of 5 to 15 dwelling units that do not require a Tentative Tract Map, in accordance with the provisions of Chapters 20.73 and 20.81. A public hearing shall be held before the Planning Commission on all other CRDPs. A CRDP shall not become effective for fourteen (14) days after being granted. If an appeal is filed or the City Council exercises its right of review the CRDP shall not become effective until a decision granting the CRDP is made by the City Council. The Modifications Committee shall give notice of the Public Hearing in the same manner as prescribed in Section 20.81.040 for all CRDPs reviewed by the Modifications Committee. Notice of all other Public Hearings shall be mailed to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. These notices shall be mailed not less than ten (10) days before the hearing date. The notices shall be postage paid and use addresses from the last equalized assessment roll or from other records, acceptable to he City, that have more recent addresses. It is the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses • of the property owners as required by this section. In addition to the mailed notice the subject property shall be posted in not less than two (2) conspicuous places on or close to the property not less than ten (10) days prior to the public hearing. When low and moderate income dwelling units are proposed for an off -site location the notice and posting requirements shall also apply to the property upon which the low and moderate income dwelling units are to be located. Additional notice need not be give if a public hearing is continued at the public hearing noticed and if the date of the continued hearing is announced in open meeting. (Ord. 89 -36, Dec. 13, 1989). SECTION 3: Section 20.69.80 of the Municipal Code is hearby amended to read as follows: 20.69.080 APPEAL. If the applicant, any other person, firm or corporation is not satisfied with the action of the Modifications Committee they • may appeal the action in the same manor as prescribed in Section 20.81.070. If the applicant, any other person, firm or corporation is not satisfied with the action of the Planning Commission the action may be appealed to the City Council by filing a written notice of appeal with the City Clerk. within fourteen (14) days after the Planning Commission action. The notice of appeal shall be accompanied by a fee established by resolution of the City Council. The appeal fee shall be based on the cost of processing the appeal. The City Clerk shall set a public heating date for the appeal and give notice in the manner specified in Section 20.69.070. The City Clerk shall also notify the appellant, the applicant when different than the appellant and the Planning Commission of the date set for the Public Hearing. Upon receiving notice of the appeal to the City Council, the Planning Director shall submit a written report of the Planning Commission proceedings, including all maps, letters, exhibits and other documentary evidence considered by the Planning Commission in reaching a decision to the City Clerk.(Ord. 89 -36, Dec. 13, 1989). • SECTION 4: read as follows: Section 20.69.090 of the Municipal Code is hearby amended to 20.69.090 RIGHT OF REVIEW. All actions of the Modifications Committee may be reviewed consistent with the provisions of Section 20.81.070 (F)• The City Council, on its own motion, adopted by four affirmative votes, may elect to review any decision of the Planning Commission granting a CRDP. The City Council's right of review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission takes its action. In any CRDP proceeding in which the City Council exercises its right of review, the City Clerk shall set a public hearing date and give notice in the manner specified in Section 20.69.070. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission proceedings, including all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision to the City Clerk. (Ord. 89 -36, Dec. 13, 1989). • SECTION 5: Section 20.81.020 of the Municipal Code is hearby amended to read as follows: 20.81.020 POWER AND DUTIES. Whenever a strict interpreta- tion 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 permissible 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, number and height of signs not requiring an Exception Permit; structural appurtenances or projections which encroach into front, side or rear yards; location of accessory buildings on a building site; the construction or installation of chimneys, vents, rooftop architectural features and solar equipment in excess of permitted height limits; 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; tentative parcel maps; condominium conversion permits in accordance with Chapter 20.73 of this Title; Coastal Residential • Development Permits in accordance with Chapter 20.69 of this Tittle: and such items as may be subsequently set forth by the Planning Commission resolutiom, 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. (Ord. 94A7, November 9, 1994; Ord. 94 -29, July 27, 1994; Ord. 94-17, May 11, 1994; Ord, 92-44, September 23, 1992; Ord. 92 -7, May 13, 1992; Ord. 89 -35, Dec. 27, 1989; Ord. 1854 § 2, 1980; Ord. 1268 § 1 (part), 1968) SECTION 6. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of February. 1995, and was adopted on the 13th day of March 1995, by the following vote, to wit: • ATTEST: • CA W IN W ORMLOCALMORD.DOC AYES, COUNCIL MEMBERS EDWARDS, WATT, DEBAY, HEDGES, COX, GLOVER, O'NEIL NOES, COUNCIL MEMBERS m ABSENT COUNCIL MEMBERS NONE MAYOR u,e,Y