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HomeMy WebLinkAbout1485 - Open Space DistrictORDINANCE NO. 14 85 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.33 TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED • "OPEN SPACE DISTRICT" The City Council of the City of Newport Beach DOES ORDAIN as follows: • • SECTION 1. Chapter 20.33 is added to the Newport Beach Municipal Code to read: Sections: 20.33.010 20.33.020 20.33.030 20..33.040 20.33.050 20.33.060 20.33.070 "CHAPTER 20.33 OPEN SPACE DISTRICT Intent and Purpose., Effect of Chapter.. Establishment of OS Districts. Uses Permitted. Uses Requiring Use Permit. Site Area. Building Height. 20.33.010 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 preservation of agricultural and natural areas. 20.33.020 Effect of Chapter. All sections of this Title shall be subject to the provisions of this Chapter. 20.33.030 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: 1. Public parks, schools, paseos, play- grounds, beaches, marine and wildlife preserves. -1- DON dm 1/10/73 L. e 2. Drainage or flood control channels, creeks, rivers, or other water courses, watersheds, reservoirs. • 3. Power transmission easements, or other public utility corridors. B. Where land is in public ownership and intended for future use as: 1. Public parks, schools, paseos, playgrounds, beaches, marine and wildlife preserves. 2. Public harbors or marinas. C. 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 develop- ment 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 ap- proach patterns. 5. Other privately owned land at the request of the owner(s). D. Privately owned land upon formal agreement between the owner(s) and the City: 1. Private parks, schools, paseos, play - grounds, greenbelts, beaches, marinas, yacht clubs, mooring facilities, and marine and wildlife preserves.. • 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. -2- DON dm 1/10/73 E. Privately 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. 20.33.040 Uses.Permitted. The following uses shall be permitted in the OS Districts. A. Privately owned or,public open recreation areas, parks, schools, paseos, playgrounds, beaches, marine and wildlife preserves, 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 20.33.050 of this Chapter. B. Agricultural and horticultural uses and such buildings and structures'as related thereto subject to • the provisions of Section 20.33.050 of this Chapter. C. Public bicycle, routes, hiking trails, and other pedestrian ways. D. .Public parking. E. Drainage channels, water courses, spreading grounds, settling basins. 20.33.050 Uses Requiring Use Permit. The following uses shall be permitted subject to the securing of a Use i Permit in each case,: A. Residential structures for a watchman or care- taker,and his family. B. Commercial recreational facilities and uses of an open nature, such as golf courses or aquatic parks, where • an admission or use fee or club membership fee is charged. -3- I • U 20.33.060 Site Area. No lot shall be created with an area of less than one (1) acre, except that the City Council may permit a smaller lot or may rezone a smaller lot to the OS -Open Space District upon the finding that such smaller lot will provide for an open area which is to be used by the general public or a group of property owners. 20.33.070 Building Height. The building height limit shall be as specified in Chapter 20.09." SECTION 2. This ordinance shallbe published once in the official newspaper of the City, and the same shall be effective 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 8th day of January , 1973, and was adopted' on.the 22nd day of January , 1973, by the following vote, to wit: ATTEST: City Clerk CERTIFIED AS THE ORiGINAL AND - CERTIFIED AS TO PUBLICATION ............. X CITY CLERK OF THE CITY OF NEWP T BEACH AYES, COUNCILMEN: McInnis, Rogan^ Dostal, E=kQff, Store NOES, COUNCILMEN: CM11 ], =la ABSENT, COUNCILMEN: None mayor DRB:sh 1/3/73