HomeMy WebLinkAboutAM0097Resolution No. August 23 19 60
Amendment No. 97�
CITY PUNNING COMMISSION
NEWPORT BEACH, CALIFORNIA
REPORT OF: Planning Co fission
BY: Planning Department
TO: City Council
Planning Commission Amendment No. 97 which proposes to amend Section 9106.5 of
ON: Article IX (Planning and Zoning Regulations) regarding amendment procedure.
PROCEDURE FOLLOUIED BY PLANNING COMMISSION:
N-3tice of one public hearing was duly published in the: Newport Harbor Ensign
on August 4, 1960. One public hearing was conducted on August 18, 1960.
FINDINGS OF PLANNING COMMISSION:
The City Council on ,lune 20, 19600 upon recommendation of the Committee
appointed to consider cumbersome amandmnt procedures, approved they Committee
report as outlined in a memorandum to the City Council on June 16, 1960 and
referred the mutter to the Planning Commission to initiate procedures in,
order to have the necessary ordinances amended.
RECOMMENDATIONS OF PLANNING CMiMISSION,:
The Planning Co issio a recommends to the City Council that Articlea Ili
(Planning and Zoning Regulations) be amended in order that any proposed
amendment which is denied by the Planning Commission will not go to the
City Council unless appealed within fifteen (15) days after such dis-
approval.
RESULTS OF ROLL CALL VOTE:
AYES- Clemente, Copelin, Fiske:, Higbia, Hudson, Marshall, Rudd, Steelman
NOES: Lone
ABSENT: Clara
NOT VOTING: None
By order of the Chairman
Alvan C. Clemence
I hereby certify that the above in a true Approved by ther.rity Council on the
and correct report of the proceedings and day of c :,-,. fes, 19.(111
action of the Planning Commission, City 7177 � ._.:4.E;�� l�'� _... _..
of Newport Beach. i5
Respectfully submitted
, Secre'tary
Newport Beach City ^fanning Commission
P. C. Form 1
City clerk
City of Newport Beach, California
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ORDINANCE NO
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING
SECTION'S 9105.53 AND 9106.54 ' OF THE NEWPORT BLEACH
.MUNICIPAL CODE RELATING TO PLANNING AND ZONING
The City Coulci.l of the City of Newport Beach does ordain
as follows.:
SECTION 1. Section 9106.53 of the Newport Beach Municipal
Code is amen.ied to read,
"SECTION 9106,53. Action by Planning Commission.
fa) Following the aforeasid hearings the Planning Com-
mission small approve or disapprove the proposed amendment
If approved, the Planning Conaission shall make and file a
report of its find-ings and recommendations with the City
Council The Planning Commission shall make its decision
and file its report no Later thanninety (90) days after
the first published notice of the Planning Commission hear-
ing unlass such time limit is extended upon the mutual agree-
ment of the parties having an interest in the proceedings..
Failure of `he Planning Commission to take action on the
proposed amendment or failure to report within said time
limit shall be deemed to be approval of the proposed amend -
went by the Kanning Commission.
"b) If the proposed amendvent is disapproved, no further
action shall be taken thereon unless an appeal is filed in
writing with. the City Council within fifteen .(15) days after
such disappxo-al."
SECTION 2, Section 9106.54 of the Newport Beach Municipal
Code is amended to read
"SECTION 9106-54. Action by City Council.
(a) Upon receipt of such report from the Planning Com-
mission, or upon the expiration of the time limit prescribed.
in Section 9106.53(a) , or upon the filing of any appeal, the
City Council shall set the ratter for one public hearing
giving notice thereof as provided by law. Notice shall also
be given to the Planning Commission of such appeal and' the
"Manning Conmission shall submit a report of its findings
and recommendations to the City Council setting forth the
reasons for -he decision of the Commission or the Commission
shall be -epresented at the hearing. After the conclusion,
of such hearing, the City Council may adopt or reject the
proposed airenim—ent., or any part thereof, in .such form as said
Council may deem to be advisable: or the Council may refer
•s -he martFr back to the Planrirng Commission for further study
and recommendations
}` N -e decision of the City Council shall be rendered
wirh3,n .sixty .,,bel) days after the :receipt of a report and
recommenda _lon of approval, from the Planniz�g Commission or
after »-he expiration of the time limit prescribed in
Sac*tor. 9105.:53 a' or within sixty i60) days after the
fi l inn -.)f any sgpSsl . 1'
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
day of 1960, and was adopted on the day of
1960, by the following vote, to wit:
AYES,, COUNCILMEN9.
NOES, COUNCILMENo.
ABSENT COUNCILMN2
ATTEST-,
Mayor
g
M., "-ZMWS"�
CITY OF NEWPORT BEACH
CITY ATTORNEY
bV-F-MffM-M=
To: Plaming Department
FrGm-0 Cit. --y Attorney
Subject: ecoposed amendment of Sections 9106.53 and 9106.54,
Attached are eleven copies of prGposed amndmetts to the above
mntioned Sections, forwarded to you so that copies thereof
may be forwarded to members of the Planning ComeLssion with the
agenda for the next meting of the Planning Commission.
An ordinance will be prepared incorporating the language used
in the attached draft, with any changes recommended by the
Planning Commissicn before the next Council meeting.
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MEMORANDUM
TO: Mayor and Members of the Council
FROM: Councilman Dee Gook
SUBJECT: Cumbersome Amendment Procedures
On Jiine 15 the Cumbersome Amendment Procedures Committee met
in the office of the City Manager with the following members
present: Dee Cook, Chairman, City Manager Robert Shelton,
City Attorney Walter Charamza, Planning Director J. W. Drawdy,
City Clerk Margery Schrouder.
It was the recommendation of the Committee that applications
for rezoning, if denied by the Planning Commission, come
before the Council only when an appeal from the decision of
the Planning Commission is made; that the Municipal Code
be so amended; that the Code be amended in such a irknner
that the public hearing on the appeal, will be the only public
hearing, and that when, and if, an ordinance is adopted
ordaining the proposed rezoning, it will not be necessary
to hold a second public hearing on second reading of the
ordinance; that the Council request the Planning Commission
to process such amendment.
The Committee also considered the cumbersome procedure of
executing separate water contracts for each individual
purchaser of water in areas outside the City. The City
Attorney recommended that a procedure be followed which would
allow the City to sell water, without a separate contract
(necessitating a separate resolution), to purchasers of water
outside the City, except when a separate contract is required
under the Code or a special reason exists for a separate
contract.
ee.,
Dee Cook, Chairman
Cumbersome Amendment Procedures Committee
AwrAment No. 97
GIVE MAT A FMIC HURIM