HomeMy WebLinkAboutAM0046Resolution No. 619 April 10 i9 58
Amendment No. 46 CITY PLANNING COMISSION
NEIPIORT BEACH, CALIFORNIA
REPORT OF: PLANNING COMISSION
By; planning Dept.
TO: City Council
ON: SUBDIVISION AMNMWMTS
PROCEDURE FOLLOWED BY PU2LING 20P9M ION:
Proposed amendment was published in the Newport Harbor Press.
Two public hearings were held by the commission on February 24 and
March 20, 1958.
FINDINGS OF PLANNING 2,114USSID
Upon recommendation of the Planning ConGultants, Hahn, Wise & Associates,
the commission adopted a Resolution of Intention to amend the subdivision
ordinance to mage it unlaugul for any person to lease any land with,:ut
complying with the requirements of Articlt: IXC relating to daabdivisions.
RE,CCTM� :SNDATIONS OF P7,ANNLNG COMMISSION:
The planning Commission recomends to the City Council that this
proposed amendment be approved.
RESULTS OF ROLL CALL MOTE:
A71 ES Longumoos, Rudd, Hayton, Copelin, Keene, Clemence and Sturtevant
NOBS.:
ABSENT; Lind and Smith
NOT VOTI"17u:
By order of the Chairman
Falter LongmDor
I hereby certify that the abowa is a true Approved by the City Council on the
and correct report of the proceedings and day of --------19—
action of tho Planning Commission, City
of Newport Beach.
itespectfully submitted,
Secretary
Newport Beach City Planning Commission
P. C. Form 1
City Clerk
City of Newport Beach, California
WWC:mee
6/23/59
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMMING SECTIONS 9250.4, 9251.4, 9252.31,
9252.32, 9252.34, 9254.171 9256.31, AND
9257.11 OF THE NEWPORT BEACH MUNICIPAL COBE
RELATING TO SUBDIVISIONS
The City Council of the City of Newport Beach does ordain
as follows:
SECTION 1: Section 9250.4 of the Newport Beach Municipal
Code is amended to read:
"SEC -LION 9250.4. No person shall, as a principal,
agent or otherwise, offer to sell or lease, eontract to
sell, sell or lease any subdivision of land or any part
thereof in the City unless and until all the requirements
of this Article have been complied with; provided, how-
ever, that this provision shall not prevent the renting
or leasing of residences or apartments, offices, stores
or similar space in an apartment building, commercial
building, industrial building or trailer park."
SECTION 2: Section 9251.4 of the Newport Beach Municipal
Code is amended to read:
"SECTION 9251.4. 'Subdivision' shall mean any land
or portion thereof shown on the last preceding tax roll
as a unit or as a contiguous unit which is divided for
the purpose of sake or lease, whether immediate or future,
by any subdivider."
SECTION 3: Section 9252.31 of the Newport Beach Muni olpal
Code is amended to res--:
"SECTION 9252.31. The Planning Commission shall
determine whether the tentative map is in conformity with
the provisions of law and of this Article, and within
thirty (30) days after the filing thereof shall transmit
the map and make a report to the City Council recormnding
the approval, conditional approval or disapproval of the
same and its reasons thergfor and shall transmit a copy of
the report and a copy of the tentative snap to the City
Engineer. Within ten (10) days after receipt of the
repovt or at its next succeeding regular meeting, the
City Council shall consider the tentative map and the
report of the Planning Cormniasi.on and shall approve, con-
ditionally approve or disapprove the same. The City
Council's action shall be reported to the subdivider and
to the Planning Commission."
SECTION 4: Section 9252.32 of the Newport Beach Munici-
pal Code is amended to read:
"SECTION 9252.32. The Planning (*ommission may recom-
mend the subdivider be required to set aside or may auggest
to the subdivider the advisability of dedicating or setting
aside suitable areas for parks, playgrounds and school*,
and other public building sites that will be required for
I
the use of the population whteh is intended to occupy
the subdivision under the plan of proposed property
uses therein. In all cases the Planning Commission
shall suggest to the subdivider such measures as will
wake for excellence of residential, commercial or
industrial development."
SECTION 5. Section 9252.34 of the Newport Beach Munici-
pal Code is amended to read:
. "SECTION 9252.34. The City Council may refuse to
approve a tentative map when the only practical use
which can be made of the property projaosed to be sub-
divided 13 a use prohibited by ordinance or law or if
the property is deemed unhealthful or unfit for human
habitation or occupancy by the Health Department."
SECTION 6: Section 9254.7.7 of the Newport Beach MUnici-
pal Code is amended to read:
`/"SECTION 9254.17. Alleys. When any lots are pro-
posed for commercial or industrial usage, alleys at
least thirty (30) feet in width shall be provided at the
rear thereof with adequate ingress and egress for truck
traffic. Any alleys provided in residential areas shall
be a minimum of twenty (20) feet in width."
SECTION 7: Section 9256.31 of the Newport Beach Munici-
pal Code is amended to read:
"SECTION 9256.31. Upon receipt of such report the
city Council may approve the tentative map with such
exceptions and subject to the conditions the City Council
deems necessary to substantially secure the objectives of
this Article."
SECTION 3: Section 9257.11 of the Newport Beach Munici-
pal Code Is amended to read:
"SECTION 9257.11. Appeal may be made to the City
Council from any decision, determination or requirement
of the Planning commission or City Engineer by filing a
notice thereof in writing with the city Clerk within
fifteen (15) days after such decision or determination
or requirement is made. Such notice shall set forth in
detail the action and the ground by and upon which the
subdivider deems himself aggrieved."
SECTION 9: This ordinance shall be published once in
the Newport Harbor News Press, a newspaper of general circulation;
printed and published in the City of Newport Beach, 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
day of July, 1959, and was adopted on the day of _ __s
2.
A
1959, by the following vote, to wit:
AYES, COU,TCILI•T;:N:
NOES, CWNCILLI-:1N.
A.BS! ;�T COtNCIM-2-:7:
ATTEST:
Gi y C er c
- ayor
"' � , ✓�/ zt ir�i f trs �u��r
5.
C1TZ OF NIWPCRT BEACH
To: City Mere
From: City Attomey
June 26, l 9
Subject: Proposed a ndmsnt to the Mmicjpal Code on subdivisions
Forwarded is a proposed ordinAnce whichq if enacted, € ou2r! ar. lend
Seotlmm 9250,4a 9251.4a 9252.31, 9252.320 9252.34s 9254.17, 9250".31
and 9257.11 of the ManIcIpal Code, all 3n the article r'elatinZ to
subdivisions. These =Ondmnts have been requested so that Council
approval of tentative Maps will be required and to require co_.'za^e
With the Cade on subdIvisiorm when leasing portions of parcels of
land.
The n nt to Sections 9250.4 and 9251.4 is intended to cause the
iia ovisions of the subdivision ordinance to apply Lo the lease of
land as well as to the male of land. Leasing of residences or
apartments,, offices, stores or sPaa® in an apartment building, com-
mercial building, Industrial buildIng or trailer park is excepted.
Section 9252.31 la amended to require tentative maps to be bruu-0--at
to the City Council for approval.
The amendr,�nt to 9252.32 is necessary to make e it conform vfitll Sec-
tion 9252.31 as awnded.
The amendment to 9252.34 also is neceasary since the City Coll -0011
rather than the Planning Commission will have the approval or dis-
approval of tentative maps.
The amendment to 9254.17 has been prepared becauae the regi irement
of thirty-foot alleya in residential areas has loam been interripeted
to ret ui only twenty -foot alleys. The thirty feet ncni
was apparently an error. This amendment would correct it.
They amendment to 9256.33 also is made becauae the C7.tj Coun,:!iI
than the Planning Commission has final approval on tentative maps .
As Section 9257.711 now reads, any appeal, to the City Council from
any declaion, determination or requireimnt of the Planning Coii nission
or City Engineer must be filed within ten days. Fifteen days has
been oubstituted because that is the length of tim stated in Sacs
tion 11552 of the Businesa and Professions Code of the State.
TO: City Clerxg
-2-
June 26o 1959
It is sw eated that a aertifled copy of the ordinance be r=ecoi-ded
to co It with Section 11530 of the Business and Professions Cotte
wl-':LOh re a< "LO@al Ordinances; recordation. A certified ccpy
of'each local ordinance and a nc nto thereto shall be raecordec� in
the office. of the C td. Recorder.,
?lease send a. copy of the Wdinance to each member* of the City Goun-
c11 for atudy.
r
DRAFT
Camec
6/11/59 (5)
SECTION 9250.4. No person shall, as a pri?,cipal,
agent or otherwise, offer to sell or lease, contract to sell,
sell or lease any subdivision of lard, or any part thereof in
the City unless and until all the requirements of this Article
have been complied with; provided, however, that this provision
shall not prevent the renting or leasing of residences or apart-
ments, offices, stores or similar space in an apartment building,
commercial building, industrial building or trailer park.
SECTION 9251,4. "Subdivision" shall mean any land or
portion thereof shown on the Last preceding tax roll as a unit
or as a contiguous unit which is divided for the purpose of
sale or lease, whether immediate or future, by any subdivider.
UMt6]'r.
r f`'
.guns 9, 1959
Could tm awnd Sections 9250a4t atd 9251.4 calorg, wit:11 t1te Other®
L adicatfad in your mmorandum juin 1. 1959"f
Nate
J. 14. dA 14AWD
Planning Director
,kdl.iCRNEY
C yr Atar�ey� W
s
N
July 29, 1958
JWD
l
I -LAMMING
May 26, 1953
J. W. Drawdy
JWD.-h
cc* City Manager
Walter Char=aa will discuss
this matter with you.
AMENDMENT N0. 46
Section 9250.4 of Chapter 1 of Article IXC of the Municipal
Code of the City of Newport Beach be, and the same is here-
by amended to read as iotloris:
"Section 9250.4. It shall be unlawful for any
individual, firm, association, syndicate, co-
partnership, corporation, trust, or any n"her legal
entity, as a principal, agent or otherwise to offer
to sell, to contract to sell, to sell, or to lease
any subdivision of land or any part.- thereof in the
City of Newport Beach unless and until all the re-
quirements hereinafter provided have been complied
with."
Section 5251.4 of Chapter 2 of Article IXC of the Municipal
Code of the City of Newport Beach be, and the same is
hereby amended to read as follows:
"Section 9251.4. Subdividion shall mean any land or
portion thereof shown on the last preceding tax roll
as a unit or as a contiguous unit which is divided
for the purpose of sale or lease, whether immediate
or future, by any subdivider."
CITY OF NE P0IRT BEACH
CITY ATTORMFf
DEPARTMUTI'
Date April 3, 1958
Attached is a draft of the Ordinance prepared to incorporate
the changes approved by the Planning Commission and being
recommended to the City Council.
Please note that the form of Section 9250.4 has been changed
so that it confarms with the other Sections of the Code
Prohibiting said acts. The Section now reads "It shaj.l be
unlawful" and states for any individual, firm, association
and other entj:jes to do the prohibited acts. It has been
changed to read: "No person shall" do the prohibited acts.
The word "person" Is defined in the Code to include all of
the entities specifically mentioned in the Section.
Section 9251.4 is incorporated into the proposed Ordinance
in the same form as you sent it over to this office.
101C : mea c ;falter Df . Charamza
Enc.
City Attorney
cc - City Manager
�;N
Awl 3s Sly,51"i
AMva"t 4"tlam9950,4 =d Woul.4 ot V*
pmampal 00"a relat-wa to wadivuw.
?W-wat-dw-M AMth this "NerwAM. Lz " 11, MV410 vjac,114 I
efflVa"Mod by the Qvunajl$ uIll W&I &WARS qQKQ? ad' Ubw
taft to pr-dudUtl laostig land uWaltxt uun ellgr
*110VASY-w", wath tbA 010020AMMS cowt Artlae relating
to &AMU.-ilelaw.
S"AlM 9251-4 U MWAWAd to "lift w that,
a 401010a of 2and for We v4provs; 10 UnWAP U MullwASONA
tAe term.
AM fArlwo qw5MYelt-lem hau"s -bjmwi t-,,
ovloi,w's 0"', t"10 6--A* �wqeholV
,00 tiTe pra
all was not WaAfe 14-M 4,UV0tAiW0,
elnr
INC
TACO �
r
4/ --/ c
t13�
11
ORDINANCE NO.
r1N ORDINANCE OF THE CITY OF N04POR`i` BEACH
Al ENDING SECTIONS 9250.4 AND 9251.4 OF THE
i,r t; PO rT BEACH MUNICIPAL CODE RETA.TING TO
SUP -DIVISIONS.
�I
ti �I The City Council of the City of Newport Beach does ordain
6 as follow.,;;
7:1 SECCION l: Section 9250.4 of the Newport Beach Municipal
8 Code is amended to read:
911 "Section 9250.4. No person shall, as a principal.,
agent or others -rise, offer to sell, contract to sell,
101 sell, or lezu;a any subdivision of land or any part
the:,eof in the City of Newport Beach unless and until
11;! all the requirements hereinafter provided have been
12
compiled with,'
;�
SECTION 2: Section 9251.4 of the Nei%rport Beach Municipal
14 {1 Code is amended to read:
15 "Section 9251.4. #Subdivision$ shall mean any Land
%r portion thereof shown._on the last preceding tax roll
16 as a unit or as a contiguous unit which is divided for
E the ou+psse of sale or lease, whether immediate or future,
17E by any subdivider."
lg SECTION 3: This Ordinance shall be published once in
}
19 the Newport ,'arbor News Press, a newspaper of general circulation,circulation,€1
2Q printed and published in the City of Newport Beach, and the same
21I1 :�ha.1l be effective 30 days after the date of its adoption.
i;'his ordinance was introduced at a regular meeting of
!I
23 ij the City Council of the Cit; of Newport Beach held on the
I
24 I; day bf ApA il, 1958, and was adopted on the day of
�I
._ 19'L'), by the following vote, to wit:
i
26 AYES, COUNCILMEN:
,i
7 i.r.r...r.�..�-�
I' NOES, COUNCILMEN: _
.i
29 i1 ABSENT GOUNCIUNEN:
li Tx' S T.
i;
1 j - City Cleric
0
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
County of Orange,
BEWN RFDD TCK
of the said County, being duly sworn, deposes
and ;c,ys! THAT he. �s and at all times here
mentioned was a citizer, of the United Stares,
over the age of eighteen years, and that ...........
he is not a party to, nor interested in the above
entitled rna*ter; that he is the *.- . . ............
printer of the Newport Harbor
News Press, a newspaper of general circulation,
printed and published in the City of Newport
Beach County of Orange, and which newspaper
has been ad;'udged a newspaper of general cir-
cu€ation by the Superior Court of the County
of Orange, State of California, under date of
October 2? 1954, Cose Number A 24831;,
that the notice. of which the annexed is a printed
zopy, has been published in each regular and
entire issue of said newspaper and not in any
supPlOment fher0C1F 0(1 the fallowing dates,
to -wit:
January 29
all in tr,e yep i- 1p K
. . .................*Printer Foreman of the Printer or Principal
Clerk of the Printer.
Subscribed and Sworn to before me this . .. ...
29t`". day of ja.jwnr y 58
(SEAL) Notary Public in arid for said County
and State.
My Commi_sion Expires
Novernher 17 19..59. .
339
This space is for the County Clerk's Filing Stamp
Affidavit of Publication of
NOWCE OF
Puv L1&.H,E R1,NTG
Aniersdmant No. 46
Ji +ilu on; No, 619
rafl�rrt*�::"��dt"TYt3�^ taISi�Rd
Or the( -ate a .1mewport .Beach
w+lii hold t*6 public hhmrWO on
the application ' of.,`..P2anming
�.TDMIili ioill. City . r, Newport
0251,4,':..9251. End. € S.1 "of
No., :550., (subdtvWon
:Notice is hereby' 2itren that
said public hewings will be
I held on thf 20th da y' .of Feb -
.0th... clay
4p ltd ssisr 1>8 at the hour of
8;00 P.M in the C011ncil
:Chtsnaker�.,;.;,ot ...the NevypDrt
;�.C#iy, 1HI,,at ivltich:;tima
and,ply :arty aaux a�n ` *r"1178
li toir ted :',nay.':-ooar . arW.'.: b4.
l thsl„eoas
lie �N: