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Home My WebLink About1730 - Open Space DistrictORDINANCE NO. 1730 AN ORDINANCE OF THE CITY OF NEWPORT BEACH • AMENDING CHAPTER 20.52 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO THE "OS" OPEN SPACE DISTRICT r_1 L J The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 20.52 of the Newport Beach Municipal Code is amended in its entirety to read as follows: "CHAPTER 20.52 Open Space District Ccn + inn= . 20.52.010 Intent and Purpose 20.52.020 Effect of Chapter 20.32.030 Establishment of OS'Districts 20.52.040 Uses Permitted 20.52.050 Uses Requiring Use Permit 20.52.060 Parking 20.52.070 Building Height 20.32.010 INTENT AND PURPOSE. The OS District is intended to prohibit intensive urban development of those areas of the City which are subject to hazards of flood, erosion, geologic instability, earthquake faulting, and fires; to assure permanent open space in and for public parks, beaches and recreation areas, marine and wildlife preserves, land preserves, watershed areas, spreading grounds, and settling basins wherein development would adversely affect public use and natural environmental benefits; and to allow for the temporary preserva- tion of agricultural and natural areas. 20.52.020 EFFECT OF CHAPTER. All sections of this Title shall be subject to the provisions of this chapter. 20.52.030 ESTABLISHMENT OF OS DISTRICTS. Land may be placed in the OS District under the following conditions: (a) Where land is in public ownership and in use as or intended for future use as: 1. Public parks, schools, paseos, playgrounds, beaches, marine and wildlife preserves, permanent landscape or open areas. 2. Drainage or flood control channels, creeks, rivers, or other water courses, watersheds, reservoirs. • 3. Power transmission easements, or other public utility corridors. 4. Public harbors or marinas. 5. Other uses or facilities which, in the opinion of the Planning Commission would fulfill the intent of this section. (b) Public or privately owned land when the use of said land would endanger the public health, safety or general welfare including: 1. Areas where natural topography may be too steep to build upon and /or where the grading or development of the land would endanger public health or safety due to unstable geologic conditions, erosion or flooding. 2. Areas subject to severe seismic hazards, including surface ruptures from faulting, ground shaking and soil liquefaction. 3. Areas subject to flooding or inundation from storm water or tidal movements. 4. Areas under airport takeoff and approach patterns. 5. Other areas which, in the opinion of the Planning Commission, would fulfill the intent of this Section. (c) Privately owned land upon formal agreement between the owner(s) and the City: 1. Private parks, schools, paseos, playgrounds, greenbelts, beaches, marinas, yacht clubs, mooring facilities, and marine and wildlife preserves, permanent landscape or open areas. -2- • C J 2. Areas of unique natural beauty (natural landforms, prominent features, landscapes, natural vistas), available to public access and views. 3. Private golf courses, tennis clubs, aquatic parks, and cemeteries. 4. Other areas which, in the opinion of the Planning Commission, would fulfill the intent of this section. (d) Private owned land upon formal agreement for a specific period of time between the owner(s) and the City: 1. Land which is in agricultural or horticultural use 2. Land which is substantially in its natural state. 3. Land which is of particular historic, cultural, or scientific value. 4. Other uses which, in the opinion of the Planning Commission, would fulfill the intent of this Section. 20.52.040 USES PERMITTED. The following uses shall be permitted in the OS Districts. (a) Privately owned or public open recreation areas, parks, schools, paseos, permanent landscape or open space, playgrounds, beaches, marine and wildlife preserves, cemeteries, and such buildings and structures as related thereto, but permitting no commercial recreational uses where an admission fee is charged, except as permitted under Section 20.52.050 of this Chapter. (b) Agricultural and horticultural uses and such buildings and structures as related thereto subject to the provisions of Section 20.52.050 of this Chapter. (c) Public bicycle routes, hiking trails, and other pedestrian ways. -3- (d) Public parking. (e) Drainage channels, water courses, spreading grounds, settling basins, reservoirs, power and utility lines. (f) Marinas, harbors, mooring facilities subject to City Council Harbor Permit Policy. (g) Other uses which in the opinion of the Planning Commission would fulfill the intent of this Section. 20.52.050. USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a Use Permit in each case. Any such use which was in existence prior to the property being reclassified to Open Space may be continued or altered without securing a use permit provided that there is no increase in the intensity of use. (a) Residential structures for a watchman or caretaker and his family. (b) Commercial recreational facilities, including but not limited to golf courses, aquatic parks, tennis clubs and yacht clubs, where an admission or use fee or club membership fee is charged. (c) Night lighting other than normal parking or security lights. (d) Other uses, which in the opinion of the Planning Commission, would fulfill the intent of this Section. 20.52.060. PARKING. Parking shall be provided in accordance with the provisions of Title 20 or shall be established by the Planning Commission. 20.52.070. BUILDING HEIGHT. The building height limit shall be as specified in Chapter 20.02." SECTION 2. This Ordinance shall be published once in the official newspaper of the City of Newport Beach, and the same shall be effective thirty (30) days after the date of its adoption. -4- • • J This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the • 25th day of April , 1977 and was adopted on the 9th day of May , 1977, by the following vote, to wit: ATTEST: •C ity Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PU5LICATION MAY 1% 1 1977 DATE ..... ........ ..'................... - F CITY C LzRif OF Ti9_ CiiY OF N- BEACH T h • AYES, COUNCILMEN: Dostal, Barrett, Kuehn, McInnis, Rogers, Williams NOES, COUNCILMEN: None ABSENT COUNCILMEN: Ryckoff Mayor -5- HRC:yz 4/12/77