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Home My WebLink About1268 - Modifications Committee Establishment• • u TLW:njv 8/8/68 follows: ORDINANCE NO. 1 2 6 8 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.47 TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A MODIFICATIONS COMMITTEE The City Council of the City of Newport Beach does ordain as SECTION 1. Chapter 20.47 is added to the Newport Beach Municipal Code to read: "Chapter 20.47 MODIFICATIONS COMMITTEE 20.47.010 Modifications Committee. 20.47.020 Powers and Duties 20.47.030 Hearings. 20.47.040 Notices. 20.47.050 Applicatidns.. 20.47.060 Action by Committee. 20.47.370 Appeal. 20.47.080 Referral to Planning Commission. 20.47.090 Revocation of Modification Approvals. 20.47.100 Administrative Act. 20.47.010 Modifications Committee. A Modifications Committee consisting of three members is hereby established for the purpose of passing upon requests for reasonable use of property not permis- sible under existing regulations. The Modifications Committee shall have authority.to grant, subject to appeal to the Planning Commission under provisions of this title, modifications as provided herein. The Committee shall be composed of the following members: the Planning Director or his designated representative; the Building Director or his designated representative; and the Public Works Director or his designated representative. The Planning Director shall act as chairman and staff members shall be assigned to aid the Committee as necessary. 20.47.020 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 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 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; and such items as may be subsequently set forth by Planning Com- mission resolution, subject to a confirming resolution by the City Council. The Modifications Committee shall also pass upon all re- quests to extend existing use permits which have been approved by the Planning Commission and exercised by the applicant. 20.47.030 Hearings. The Modifications Committee shall hold one or more regular meetings each month and may hold special meetings as necessary. Upon the receipt, in proper form, of any application filed pursuant to this chapter, a time and place for a public hearing shall be fixed, to be held not less than ten (10) days nor more than thirty (30) days thereafter. Upon the date set for public hearing before the Modifications Committee, the Committee may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.47.040 Notices. Notice of such public hearing shall be given by posting the notice in not less than two (2) conspicuous places on or close to the property at least six (6) days prior to the hearing. Failure to post such notices shall not invalidate any decision Of the Committee. 20.47.050 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 2. L 0 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. B'.. INFORMATION REQUIRED. An application for a modification. shall be accompanied by the following: 1. Plot .plans showing all property lines, structures, 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. C. FEES. Before receiving any application for a modification, the City shall,'for purposes of defraying the expenditures. incidental to.the proceedings described herein, charge and collect a fee of Thirty Five Dollars ($35.00) for each application. 20.47.060 Action by.,Committee. A. INVESTIGATION. The Modifications Committee shall cause to be made, by its,own.members or its respective staffs, such investigation of facts bearing upon such application as will serve to provide all information necessary to.assure that the action on each application is consistent with the intent of this section and sound'planning, practices. B. FINDINGS. In order to grant relief to an applicant 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 improve= ments in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the. legislative intent of Title 20 of this Code.. 3. C. IMPOSITION OF CONDITIONS. The Modifications Committee may being or will be complied with. 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 five (5) 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. E. NOTICE. The Modifications Committee shall set forth in • writing the findings upon which the decision is made. A copy of said findings shall be mailed by first class mail to the applicant and any other interested person who makes request during the public hearing. A copy shall also be posted on the official notice board of City Hall until such time as the decision has become final and copies shall also be directed to the Secretary of the Planning Commission. 20.47.070 Appeal. A. INITIATION OF APPEAL. In case the applicant or any other interested person is not satisfied with the action of the Modifications Committee, he may appeal in writing to the Planning Commission by filing a Notice of Appeal with the Secretary of the Planning Commission within five (5) days following the decision of the Committee. B. FEE. To partially defray the administrative costs of the • City, the Notice of Appeal shall be accompanied by a fee of One Hundred Dollars ($100.00). 4. impose such conditions in connection with the granting of a modifi- cation as they deem necessary to secure the purposes of this title and may require guarantees and evidence that such conditions are being or will be complied with. 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 five (5) 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. E. NOTICE. The Modifications Committee shall set forth in • writing the findings upon which the decision is made. A copy of said findings shall be mailed by first class mail to the applicant and any other interested person who makes request during the public hearing. A copy shall also be posted on the official notice board of City Hall until such time as the decision has become final and copies shall also be directed to the Secretary of the Planning Commission. 20.47.070 Appeal. A. INITIATION OF APPEAL. In case the applicant or any other interested person is not satisfied with the action of the Modifications Committee, he may appeal in writing to the Planning Commission by filing a Notice of Appeal with the Secretary of the Planning Commission within five (5) days following the decision of the Committee. B. FEE. To partially defray the administrative costs of the • City, the Notice of Appeal shall be accompanied by a fee of One Hundred Dollars ($100.00). 4. • • is C. DATE - NOTICE. The Planning Commission shall set a date for public hearing and give notice in the same manner as prescribed in Section 20.47.040. Upon receiving Notice of Appeal to the Planning Commission, the written findings of the Modifications Committee shall be submitted to the Planning Commission together with all maps, letters, exhibits, and other documentary evidence considered by the Modifications Committee in reaching a decision. D. DECISION. The Planning Commission sha-11 render its decision within thirty (30) days after the filing of such appeal, which decision shall be deemed final. 20.47.080 Referral to Planning Commission. In the event the Modifications Committee determines that an application should properly be heard by the Planning Commission, it may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this chapter. A fee in the amount of One Hundred Dollars ($100.00) will be required for each application referred to the Planning Commission. 20.47.090 Revocation of Modification Approvals. A. DURATION. Any modification granted in accordance with the terms of this title shall be automatically revoked if not used within six (6) months from the date of approval, unless, on approval, the Modifications Committee specifies or has specified a different period of time. Upon a written request for an extension of time, the Committee may extend the duration of the modification for such additional time as may be necessary. B. VIOLATION OF TERMS. Any modification approval granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such modification are violated, or if any law or ordinance is violated in connection therewith. C. HEARING. The Modifications Committee shall hold a hearing on any proposed revocation for violation of the terms and conditions of such modification after giving written notice to the permittee at 5. least ten (10) days prior to the hearing. 20.47.100 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 Committee 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 2. 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 k 9 day of S f • 1968, and was adopted on the to tH day of �, 1968, by the follow- ing vote, to wit: AYES, COUNCILMEN: Shelton, Parsons, Marshall, ATTEST: 1 r City lerl Rogers, Hirth. Gruber NOES, COUNCILMEN: None ABSENT COUNCILMEN: McInnis vZyz�IFIED AS.TIH@ 9R1dINAL �1G1f2...._. ..�._(�. ` • CRY LEEK OF THE CITY Of. FORT l BEACH DlaTE,.... /.� ..�/% A