HomeMy WebLinkAboutEMERGENCY ORDINANCE BALBOA PENINSULACOUNCILMEN
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CITY OF NEWPORT BEACH
Tanna ry 9.9. 1Q74
MINUTES
INDEX
12. Mayor McInnis opened the public hearing regarding
Balboa
consideration of second extension of Emergency
Peninsula
Interim Ordinance No. 1490 prohibiting issuance of
Bldg
building permits for all construction on the Balboa
Mora=
Peninsula except for permitted uses in the R-1
torium
District. i
A report was presented from the City Attorney.
A letter from the Balboa Peninsula Point Association
urging extension of Ordinance No. 145-07 was presented.
Goldie Joseph and John Blaich addressed the Council
in opposition to the extension of the moratorium.
The following people addressed the Council in favor
of extending the building moratorium: Dr. Ellis
Glazier, ,Douglas Lynn as President of the Peninsula
Point Association, Harry Kamph and Dottie Hutchison.
Motion
x
The hearing was closed.
Ayes
xxxxxxx
Emergency Ordinance No. 1553, being,
0-1553
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH EXTENDING ORDINANCE NO. 1490
PROHIBITING THE ISSUANCE OF BUILDING
PERMITS FOR ALL CONSTRUCTION ON THE
BALBOA PENINSULA EXCEPT FOR PERMITTED
USES IN THE R-1 AND R-1. 5 DISTRICTS,
EXEMPTING THE C-1 DISTRICT, AND PRO-
VIDING FOR EXCEPTIONS BY OBTAINING A
Motion
x
USE PERMIT,
Ayes
xxxx
xx
Noes
x
was adopted.
13. Mayor McInnis opened the public hearing in connection
Dist
with Ordinance No. 1549, being,
22
AN ORDINANCE OF THE CITY OF NEWPO
BEACH REZONING PROPERTY AND A DING
DISTRICTING MAP NO. 22,
Planning Commission Amendme o. 421, conforming
zoning to the General Plan b rezoning a one -foot strip
of land parallel with an etween Sixteenth' Street and
Production Place, f m Placentia Avenue on the east
to a point appr0 .mateIy 740 feet west of Monrovia
Avenue in t West Newport light manufacturing area,
from t R-1 District to the M-1-A District.
i
Volume 28 - Page 26
NO. 1553
Y
�y
JR'N2 q .
yFW �R� GF
>1 CAt/F CaCy
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT L--�
BEACH EXTENDING ORDINANCE NO. 1490 PROHIBITING
THE ISSUANCE OF BUILDING PERMITS FOR ALL
CONSTRUCTION ON THE BALBOA PENINSULA EXCEPT FOR
PERMITTED USES IN THE R-1 AND R-1.5 DISTRICTS,
EXEMPTING THE C-1 DISTRICT, AND PROVIDING FOR
EXCEPTIONS BY OBTAINING A USE PERMIT
WHEREAS, on February 12, 1973,1the City Council of
the City of Newport Beach adopted Ordinance No. 1490 prohibiting
the issuance of building permits for any new construction in
the R-2, R-3 and R-4 Districts located in the Balboa Peninsula
areas without first obtaining a use permit, except for uses
permitted by the R-1.District and R-1.5 uses in the R-2, R-3
and R-4 Districts; the,C-1 District was exempt from the pro-
visions of the''ordinance, and
WHEREAS, said ordinance was adopted'pursuant to the
authority of Section 65858 of the California Government Code,
which authorizes the adoption of interim zoning ordinances.as
emergency measures prohibiting uses which may conflict with a
zoning proposal which the legislative body is considering; and
WHEREAS, on May 29, 1973, after a duly noticed public i
hearing, the City Council by a four -fifths vote of its members
adopted Ordinance No. 1501 extending Ordinance No. 1490 for an
additional period of eight months, and Ordinance No. 1501 will
expire on January 29, 1974; and
WHEREAS, Ordinance No. 1490 and Ordinance No. 1501
were adopted to allow the necessary time for the adoption and
implementation of the City's General Plan; and
WHEREAS, as part of implementing said General Plan,
the Planning Commission and City Council are considering
adoption of a Residential Development Standards Ordinance which
will place certain controls on residential construction in the
Balboa Peninsula area; and
WHEREAS, the City Council has held a public hearing
for the purpose of considering extending Ordinance No. 1490,
-1-
and has found and determined that it would be in the best
interest of the citizens of Newport Beach to extend the interim
construction prohibition on the Balboa Peninsula pending the
adoption and effective date of the Residential Development
Standards Ordinance;
NOW, THEREFORE, the City Council of the City of
Newport Beach DOES ORDAIN as follows:
Section 1. The building prohibitions and restrictions
as set forth'in Ordinance Nos. 1490 and 1501 are incorporated
herein by this reference and will continue to apply to all
properties on the Balboa Peninsula as that area is described in
Ordinance No. 1490.
Section 2. This ordinance shall be effective for a
period of one year from the date of adoption, or until the
Residential Development Standards Ordinance is adopted and becomes
effective, whichever shall occur first.
Section 3. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
as stated herein, and if adopted by a four -fifths vote of the
City Council shall take effect immediately upon its adoption.
Section 5. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance•pursuant to California Government Code
Section 65858 at a regular meeting of the City Council of the
City of Newport Beach, held on the 28th day of January, 197'4,
i
by the following vote, to wit:
ATTEST:
City Clerk
AYES, COUNCILMEN:
NOES, COUNCILMEN-
ABSENT COUNCILMEN•
Mayor
-2-
DON:mh
1/21/74
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH EXTENDING ORDINANCE NO. 1490 PROHIBITING
THE ISSUANCE OF BUILDING PERMITS FOR ALL
CONSTRUCTION ON THE BALBOA PENINSULA EXCEPT FOR.
PERMITTED USES IN THE R-1 AND R-1.5 DISTRICTS,
EXEMPTING THE C-1 DISTRICT, AND PROVIDING FOR
EXCEPTIONS BY OBTAINING A USE PERMIT
D12
WHEREAS, on February 12, 1973, the City Council of
the City of Newport Beach adopted Ordinance No. 1490 prohibiting
the issuance of building permits for any new construction in
the R-2, R-3 and R-4 Districts located in the Balboa Peninsula
areas without first obtaining a use permit, except for uses
permitted by the R-1 District and R-1.5 uses in the R-2, R-3
and R-4 Districts; the C-1 District was exempt from the pro-
visions of the ordinance; and
WHEREAS, said ordinance was adopted pursuant to the
authority of Section 65858 of the California Government Code,
which authorizes the adoption of interim zoning ordinances as
emergency measures prohibiting uses which may conflict with a
zoning proposal which the legislative body is considering; and
WHEREAS, on May 29, 1973, after a duly noticed public
hearing, the City Council by a four -fifths vote of its members
adopted Ordinance No. 1501 extending Ordinance No. 1490 for an
additional period of eight months, and Ordinance No. 1501 will
expire on January 29, 1974; and
WHEREAS, Ordinance No. 1490 and Ordinance No. 1501
were adopted to allow the necessary time for the adoption and
implementation of the City's General Plan; and
WHEREAS, as part of implementing said General Plan,
the Planning Commission and City Council are considering
adoption of a Residential Development Standards Ordinance which
will place certain controls on residential construction in the
Balboa Peninsula area; and
WHEREAS, the City Council has held a public hearing
for the purpose of considering extending Ordinance No. 1490,
-1-
and has found and determined that it would be in the best
interest of the citizens of Newport Beach to extend the interim
construction prohibition on the Balboa Peninsula pending the
adoption and effective date of the Residential Development
Standards Ordinance;
NOW, THEREFORE, the City Council of the City of
Newport Beach DOES ORDAIN as follows:
Section 1. The building prohibitions and restrictions
as set forth in Ordinance Nos. 1490 and 1501 are incorporated
herein by this reference and will continue to apply to all
properties on the Balboa Peninsula as that area is described in
Ordinance No. 1490.
Section 2. This ordinance shall be effective for a
period of one year from.the date of adoption, or until the
Residential Development Standards Ordinance is adopted and becomes
effective, whichever shall occur first.
Section 3. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
as stated herein, and if adopted by a four -fifths vote of the
City Council shall take effect immediately upon its adoption.
Section 5. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance pursuant to California Government Code
Section 65858 at a regular meeting of the City Council of the
City of Newport Beach, held on the 28th day of January, 1974,
by the follojaing vote, to wit:
ATTEST:
City Clerk
AYES, COUNCILMEN
NOES, COUNCILMEN:
ABSENT COUNCILMEN:
Mayor
-2-
DON:mh
1/21/74
BOX 626 • BALBOA, CALIFORNIA
January 16, 1974
Honorable Mayor and
Members of the City Council
City of Newport Beach
City Hall
Newport Beach, California 92660
Subject: Extension of Emergency Ordinance 1490
Restricting Issuance of Building Permits
on Balboa Peninsula
Gentlemen:
We strongly urge the City Council to extend Ordinance 1490
beyond its present expiration date of January 29, 1974 be-
cause:
1 - It was the intent of the Council, as indicated in
the Ordinance, to provide some interim control
"over increasing pressure for intensive develop-
ment and redevelopment of the properties on the
Balboa peninsula which has resulted in and will
continue to result in extremely high building
density and overcrowding of people into this
limited land area; ---".
2 - It appeared evident on May 29, 1973, when this
Ordinance was extended for eight months, that the
Council intended that it would be replaced by
"appropriate development standards" as called for
in the adopted "Residential Zoning Policy for
Statistical Subdivision D".
3 - While proposed Residential Development Standards
are set for Council public hearing on January 28,
1974, before the St.andards can become effective
there would be a period during which there would
be no further interim control^unless Ordinance 1490
is again extended.
A -)z
Newport Beach City Council
Page Two
January 16, 1994
We are confident the Council will agree that the only course
to avoid frustration of the orderly future residential develop-
ment on the Peninsula is to extend Ordinance 1490 until the
anticipated now Development Standards can become effective.
This positive action will have far-reaching and favorable im-
pact on the future life style, welfare and property values of
all of us who have our homes on the Peninsula.
Sincerely,
BALBOA PENINSULA POINT ASSOCIATION
President
JDL/dp
CITY OF NEWPORT BEACH 1D
Office of
CITY ATTORNEY
To: The Honorable Mayor and January 14, 1974
Members of the City Council
From: City Attorney
Subject: Second Extension of Interim Ordinance No. 1490
Restricting Issuance of Building Permits on
Balboa Peninsula
On February 12, 1973, the City Council adopted interim
Ordinance No. 1490 prohibiting the issuance of building permits
for all construction on the Balboa Peninsula without first
obtaining a use permit, except for permitted uses in the R-1
and R-1.5 Districts, and exempting the C-1 District.
On May 29, 1973, this ordinance was continued for a period of
eight months pursuant to a procedure set forth in the
Government Code authorizing the adoption and continuance of
interim zoning ordinances prohibiting certain uses which the
City Council�is considering. The eight -month period will
expire on January 29, 1974. By law, Ordinance No. 1490 may
be continued for an additional period of one year.
The Residential Development Standards ordinance which will
provide certain controls on construction in the Peninsula area,
as well as other parts of the City, is set for public hearing
before the City Council on January 28, 1974. Should the
Development Standards ordinance be introduced and adopted at
the following Council meeting it,would not be effective for
30 days. Accordingly, unless the! interim ordinance is
extended, there would be a period of time before the Development
Standards ordinance became effective, during which period there
would be no controls on construction on the Peninsula other than
the limitations placed on the property by the particular zoning
district.
In order to continue Ordinance No. 1490, it is necessary to
hold a public hearing at the City Council meeting to be held
on January 28. The ordinance requires a four -fifths vote of
the City Council for extension. The Council may wish to
extend Ordinance No. 1490 for a period of one year, or until
the Development Standards ordinance become effective,'whi -
ever occurs sooner.
DENNIS O'NEI
City Attorney
DON:mh
cc: City Clerk
City Manager
Community Development
Director
PP_ COUNCILMEN
'Pn 'S.G O � (� � N
�0 3 �m Zy�'o "A o
ROLL CALL T v; % C 9f 1t^
CITY OF NEWPORT BEACH
Tanuary 14- 1974
MINUTES
I NnFX
Tentative Map of Tract 8445, creating one parcel of
Tract 8445
land for condominium residential development on
pr a-rt_y located on the south side of Ford Road be-
tween Tambor -e--Road and MacArthur Boulevard in
Big Canyon, zoned P-C—and_a.cceptance of Environ-
mental Impact Report, EIR/N 7R 3 040-._,A report
from the Community Development Departmen a-s
presented.)
Consideration of second extension of Emergency
Balboa
Interim Ordinance No. 1490, prohibiting issuance of
Peninsula
Bldg
all building permits for all construction on theme Balboa
for
u
7
Peninsula except for permitted uses in the R-1
Moratorium
Set
hearin
2
/
District. (A report from the City Attorney was pre-
sented.)
Consideration of construction of public improvements
5th & 6th�
by using the procedure in Chapter 27 of the Improve-
Strs Allpy/
ment Act of 1911 to hear any protests from property
1911 ct
owners who have been ordered by the City to construct
a portland cement concrete alley in Block 9, East
Newport, bounded by 6th Street, 5th Street, Balboa
Boulevard and Ocean Front.
11. The public improvements constructed in connection
Harbor
with Use Permit 1329 of Harbor Christian Ch ch,
Christian
located between Irvine and Tustin Avenues} rtherly
Church
of Santa Isabel Avenue, were accepted; a fl the City
Clerk was authorized to release Letter f Credit No.
46659 as the surety for faithful perfo mance and to
ase Letter of Credit No. 4665 as the surety for
r and materials in six mont provided no claims
e been filed. (A report fr the Public Works
ector was presented.)
public improveme s in Tract No. 7638, located
Tract 7638
e Big Canyon Pl ed Community, were accepted;
the City Clerk as authorized to release Letter
redit No. I 6083 as. the surety for faithful
ormance, nd to release Letter of Credit No.
/Federal
082 as a surety for labor and materials in six
ths p ovided no claims have been filed. (A
rt om the Public Works Director was presented.)
work on Federal Aid TOPICS Project - Newport
Traffic
ter Drive East/Santa Rosa Drive Traffic Signal,
Signal
tract No. 1475, was accepted; and the City Clerk
authorized to file a Notice of Completion and to
release the bonds 35 days after Notice of Completion
has been filed. (A report from the Public Works
Director was presented.)
14. The work on Federal Aid TOPICS Project - Traffic
Traffic
Signal Installation and Street Improvement, Contract
Signals
Volume 28 - Page 14
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
HIM
To: The Honorable Mayor and January 14, 1974
Members of the City Council
From: City Attorney
Subject: Second Extension of Interim Ordinance No. 1490
Restricting Issuance of Building Permits on
Balboa Peninsula
On February 12, 1973, the City Council adopted interim
Ordinance No. 1490 prohibiting the issuance of building permits
for all construction on the Balboa Peninsula without first
obtaining a use permit, except for permitted uses in the R-1
and R-1.5 Districts, and exempting the C-1 District.
On May 29, i973, this ordinance was continued for a period of
eight months pursuant to a procedure set forth in the
Government Code authorizing the adoption and continuance of
interim zoning ordinances prohibiting certain uses which the
City Council is considering. The eight -month period will
expire on January 29, 1974. By law, Ordinance No. 1490 may
be continued for an additional period of one year.
The Residential Development Standards ordinance which will
provide certain controls on construction in the Peninsula area,
as well as other parts of the City, is set for public hearing
before the City Council on January 28, 1974. Should the
Development Standards ordinance be introduced and adopted at
the following Council meeting it would not be effective for
30 days. Accordingly, unless the interim ordinance is
extended, there would be a period of time before the Development
Standards ordinance became effective, during which period there
would be no controls on construction on the Peninsula other than
the limitations placed on the property by the particular zoning
district.
In order to continue Ordinance No. 1490, it is necessary to
hold a public hearing at the City Council meeting to be held
on January 28. The ordinance requires a four -fifths vote of
the City Council for extension. The Council may wish to
extend Ordinance No. 1490 for a period of one year, or until
the Development Standards ordinance become effective,�whi -
ever occurs sooner.
DENNIS 0,WEI
City Attorney
DON:mh
ec: City Clerk
City Manager
Community Development Director
I ROLL CALL
1
COUN ILMEN
'PC.�,�i c Z p w N0
p 'liC�ZO AO
T9 pN iaf9��t^
CITY OF NEWPORT BEACH
Mav 31. 1073
MINUTES
INDEX
3. Mayor McInnis opened the public hearing in connection
Specific
with Ordinance No. 1500, being,
Plan
AN ORDINANCE OF THE CITY OF NEWPORT
District
BEACH ADDING CHAPTER 20. 41 TO THE
NEWPORT BEACH MUNICIPAL CODE,
I
ENTITLED "SPECIFIC PLAN DISTRICT, "
i
Planning mission Amendment No. 373, authorizing
'
the preparatio f "Specific Plans" and providing for
their implementati
A report dated May 7 from e Community Develop-
ment Department was presente
No one desired to be heard.
Motion
x
The hearing was closed.
Ayes
xxxxxxx
Motion
x
Ordinance No. 1500 was adopted.
Ayes
xxxxxxx
4. Mayor McInnis opened the public hearing regarding
Balboa
consideration of an eight-month's extension of Ordi-
Peninsula
nance No. 1490, an emergencZ interim zoning ordi-
Bldg
nance prohibiting the issuance of all building permits
Moratoriur
for all construction on the Balboa Peninsula except
for permitted uses in the R-1 and R-1. 5 Districts and
exempting the C-1 District.
A report was presented from the City Attorney.
The following people spoke in favor of continuing the
moratorium: Harry Kemp, Elaine Linhoff, Barbara
Eastman, Steve Barnes, Layton Stanton, Allan Beek
and Tom Hyans.
Motion
x
Mr. Kemp was granted an additional five minutes for
Ayes
xxxxxxx
his presentation.
The following people spoke in opposition to the
extension of the moratorium: Goldie Joseph, Gil-
bert W. Ferguson, Blackie Gadarian and John
Konwiser.
Motion
x
The hearing was closed.
Ayes
xxxxxxx
Emergency Ordinance No. 1501, being,
AN EMERGENCY ORDINANCE OF THE CITY
OF NEWPORT BEACH EXTENDING ORDINANCE
Volume 27 - Page 118
ROLL CAI
COUNCILMEN
p\100cr%pl\rV10105
�N
CITY OF NEWPORT BEACH
RiifTWIML•YKl
MINUTES
INDEX
Motion
Ayes
Noes
x
x
x
x
x
x
xx
NO. 1490 PROHIBITING THE ISSURANCE OF
BUILDING PERMITS FOR ALL CONSTRUCTION
ON THE BALBOA PENINSULA EXCEPT FOR
PERMITTED USES IN THE R.-1 AND R-1. 5
DISTRICTS AND EXEMPTING THE C-1 DIS-
TRICT,
was amended and adopted.
5. Mayor McInnis opened the public hearing regarding
Dover Dr
the closing of the north roadway of Dover Drive at
Closure
Irvine Avenue.
A report was presented from the Public Works
Director.
A letter signed by four residents stating that con-
ditions have improved tremendously since the tem-
porary closure was presented.
Bradley K. Schwarz and Al Brigham addressed the
Council in favor of the closure.
Motion
x
The hearing was closed.
Ayes
xxxxxxx
Motion
x
The ublic Works Director was directed to perma-
Ayes
x
x
x
x
x
x
x
nently lose the northerly side of Dover Drive at
Irvine A enue.
CONTINUED BUSI ESS:
1. A report was pre nted from the City Attorney
38th St
regarding City -own property on 38th Street between
Property
River and Lake Aven s.
Motion
x
The leasing of the proper on a month -to -month
Ayes
x
x
x
x
x
x
x
basis was approved.
2. A report was presented from th Public Works
Assessment
Director regarding alley improv ent on the Balboa
Dist 54
Peninsula (Assessment District 54
Motion
x
The General Services Department was irected to
Ayes
x
x
x
x
x
x
x
install asphalt fillets within the alley rig -of-way
to improve access to private garage appro hes.
3. The Residential Growth Element and the Land se
General
Element of the Newport Beach General Plan wer
Plan
considered.
Volume 27 - Page 119
ORDINANCE NO. 1501
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH EXTENDING ORDINANCE NO. 1490 PROHIBITING
THE ISSUANCE OF BUILDING PERMITS FOR ALL CON-
STRUCTION ON THE BALBOA PENINSULA EXCEPT FOR
PERMITTED USES IN THE R-1 AND R-1.5 DISTRICTS,
EXEMPTING THE C-1 DISTRICT, AND PROVIDING FOR
EXCEPTIONS BY OBTAINING A USE PERMIT
WHEREAS, on February 12, 1973, the City Council of
the City of Newport Beach adopted Ordinance No. 1490 pro-
hibiting the issuance of building permits for any new construc-
tion in the R-2, R-3 and R-4 Districts located in the Balboa
Peninsula areas without first obtaining a use permit, except
for uses permitted by the R-1 District and R-1.5 uses in the
R-2, R-3 and R-4 Districts; the C-1 District was exempt from
the provisions of the ordinance; and
WHEREAS, said ordinance was adopted pursuant to the
authority of Section 65858 of the California Government Code,
which authorizes the adoption of interim zoning ordinances as
emergency measures prohibiting uses which may conflict with a
zoning proposal which the legislative body is considering; and
WHEREAS, Section 2 of Ordinance No. 1490 provides
that said ordinance shall be effective for a period of 120 days'
from the date of its adoption, which effective period terminates
on June 13, 1973; and
WHEREAS, the City Council has held a public hearing for
the purpose of considering the extension of Ordinance No. 1490
and has found and determined that it would be in the best interest
of the citizens of Newport Beach to extend the interim construc-
tion prohibition on the Balboa Peninsula pending the adoption
and implementation of the City's General Plan which is under
current study by the Planning Commission and the City Council;
NOW, THEREFORE, the City Council of the City of Newport
Beach DOES ORDAIN as follows:
-1-
Section 1. The building prohibitions and restric-
tions as set forth in Ordinance No. 1490 are incorporated
herein by this reference and will continue to apply to all
properties on the Balboa Peninsula as that area is described
in Ordinance No. 1490.
Section 2. This ordinance shall be effective for
a period of eight months from the date of adoption, or until
the General Plan for the Balboa Peninsula is adopted and
implemented, whichever shall occur first.
Section 3. Should the eight month period expire,
this ordinance may be extended for an additional period of
one year, after proper notice, a public hearing and a four -
fifths vote of the City Council.
Section 4. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
as stated herein, and if adopted by a four -fifths vote of the
City Council shall take effect immediately upon its adoption.
Section 5. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council
of the City of Newport Beach, held on the 29th day of May ,
1973, by the following vote, to wit:
ATTEST:
City Clerk
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT COUNCILMEN:
Mayor
0
-2-
DON dm
5/30/73
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
May 29, 1973
To: The Honorable Mayor -and
Members of the City Council
From: City Attorney
Subject: Extension of Interim Ordinance No. 1490
Prohibiting Issuance of Building Permits
on Balboa Peninsula
On February 12, 1973, the City Council adopted interim Ordi-
nance No. 1490 prohibiting the issuance of building permits
for all construction on the Balboa Peninsula without first
obtaining a use permit, except for permitted uses in the R-1
and R-1.5 districts, and exempting the C-1 district. This
ordinance was adopted as an emergency measute for a period
of 120 days, pursuant to the Government Code authorizing the
adoption of interim zoning ordinances prohibiting uses which
may conflict with a zoning proposal which the legislative
body is considering. The ordinance will expire on June 13,
1973.
In order to continue the present controls over construction
on the Peninsula, we have prepared an ordinance extending
Ordinance No. 1490 for an additional period of eight months
or until the General Plan for this area is approved and
implemented. This ordinance requires a public hearing and
adoption by a four -fifths vote of the City Council. ,
DENNIS O'NEIL
City Attorney
DON dm
CC: City Manager
City Clerk
Community Development Director
16,
ORDINANCE -NO.
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH EXTENDING ORDINANCE NO. 1490 PROHIBITING
THE ISSUANCE OF BUILDING PERMITS FOR ALL CON-
STRUCTION ON THE BALBOA PENINSULA EXCEPT FOR
PERMITTED USES IN THE R-1 AND R-1.5 DISTRICTS
AND EXEMPTING THE C-1 DISTRICT D 4
WHEREAS, on February 12, 1973, the City Council of
the City of Newport Beach adopted Ordinance No. 1490f°pr-el�'C1g
Gy-
t3,e issuan;�f�b+ 1��n� p� n3i �GnstructIon-an- -th2-
---•--i-c—„— -
B
R-1-5 Diq riots and exempta-ng--tlre C=1—Distriet; and
WHEREAS, said ordinance was adopted pursuant to the
authority of Section 65858 of the California Government Code,
which authorizes the adoption of interim zoning ordinances as
emergency measures prohibiting uses which may conflict with a
zoning proposal which the legislative body is considering; and
WHEREAS, Section 2 of Ordinance No. 1490 provides
that said ordinance shall be effective for a period of 120 days
from the date of its adoption, which effective period terminates
on June 3.3, 1973; and
WHEREAS, the City Council has held a public hearing
for the purpose of considering the extension of Ordinance No.
1490 and has found and determined that it would be in the best
interest of the citizens'of Newport Beach to extend the interim
construction prohibition on the Balboa Peninsula pending the
adoption and implementation, of the City's General Plan which
is under current study by the Planning Commission and the
City Council;
NOW, THEREFORE, the City Council of the City of
Newport Beach DOES ORDAIN as follows:
Section 1. The building prohibitions and restric-
tions as set forth in Ordinance No. 1490 will continue to
apply to all properties on the Balboa Peninsula as that area
-1-
I�w
is described in Ordinance No. 1490.
Section 2, This ordinance shall be effective for
a period of eight months from the date of June 13, 1973, or
until the General Plan for the Balboa Peninsula is adopted
and implemented, whichever shall occur first.
Section 3. Should the eight month period expire,
this ordinance may be extended for an additional period of
one year, after proper notice, a public hearing, and a four -
fifths vote of the City Council,
Section 4. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public ,peace, health, safety and welfare for the reasons
as stated herein, and if adopted by a four -fifths vote of the
City Council shall take effect immediately upon its adoption.
Section 5. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council
of the City of Newport Beach, held on the day of ,
1973, by the following vote, to wit:
ATTEST:
City Clerk
-2-
AYES, COUNCILMEN:
NOES, COUNCILMEN•
ABSENT COUNCILMEN•
Mayor
DON dm
5/14/73
COUNCILMEN
9n j,�p0 n O N
.Fo �, c�P ZZp0`,-A 9
C(ll 1 CAI T 9 m m! ! 0
CITY OF
Fivirm-M11171*1
NEWPORT BEACH
MINUTES
INDEX
Motion
Ayes
x
x
x
x
x
x
x
x
4. A public_ hearing_ was set for 7:30 P.M., May 29,
1973 to consider an eight-month's extension of
Ordinance Ho. 1490, an emergency ordinance pro-
hibiting the issuance of all building permits for all
construction on the Balboa_Peni sula except for
permitted uses in the R-1 and R-1. 5 Districts and
exempting the C-1 District.
Balbo
Penin
Bldg
Moral
Moti
x
5. A public hearing was set for 7:30 P. M. , May 29,
Var 1
Ayes
x
x
x
x
x
x
x
1973 regarding Variance Application'No. 1030 of
Sterling H. Wolfe, Jr. to permit a structure to
exceed the floor area ratio limitations in the R-2
District in order to provide driveway approaches to
to additional
Wolfe
subterranean garages and provide
parking on property located at 6204 West Ocean Front,
6,Newport Beach.
R' hard Brown, attorney representing Monterey Still,
requ sted an amendment to their off -site parking
agreem t to eliminate the daytime valet service.
be considered
Mont<
Still
It was decide that the matter would
when the requir d parking places were in and marked.
Mayor McInnis adjourned the eeting at 2:18 A.M.,
May 8 to 7:30 P.M., May 21, 1 3 for the purpose of
holding a joint public hearing befo the City Council and
the Planning Commission on the Oran a County Planning
Department's Growth Policy Report, "P ople, Policy and
Growth --A New Direction? "
i
Volume 27 - Page 115
CITY OF NEWPORT BEACH -- DEPARTMENT OF COMMUNITY DEVELOPMENT
TO; B. J. Fowler
FROM: R. V. Hogan
SUBJECT: Emergency Ordinance - Balboa Peninsula
1/
The City Council on February 12, 1973, adopted Ordinance No. 1490,
which restricts the issuance of permits for residential development
on the Balboa Peninsula as an emergency meas.u•re, effective Feb-
ruary 13, 1973, for a period of 120 days.
The ordinance specifically provides that the area of restriction
is the Balboa Peninsula from 19th Street east to the Bay Entrance
Channel and that in that area:•
1. Permits for single—family uses may be issued in the
R-1, R-2, R-3 and R-4 Zones.
2. Permits for duplexes of the size allowed in the
R-1.5 Zone may be issued in the R-2, R-3 and R-4 Zones.
3. Any residential building having more than two units,
or of a size larger than that allowed in the R-1.5
Zone, will require a use permit in the R-2, R-3 and
,R-4 Zones.
4. The C-1 Zone is not affected by the ordinance.
All permits for which applications were accepted prior to this date
may be processed as usual.
Hogan
RVH/kk
ORDINANCE NO. 1490
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH PROHIBITING THE ISSUANCE OF ALL BUILDING
PERMITS FOR ALL CONTRUCTION ON THE BALBOA
PENINSULA EXCEPT FOR PERMITTED USES IN THE
R-1 AND R-1.5 DISTRICTS AND EXEMPTING THE C-1
DISTRICT
TIMI REAS, the area from 19th Street east to the Bay
Entrance Channel bounded on the south by the Pacific Ocean
and on the north by the Bay, more commonly referred to as
the Balboa Peninsula, comprises single family, multiple resi-
dential, and commercial zoning; and
WHEREAS, the rapid growth of the City of Newport Beach
has created increasing pressures for intensive development and
redevelopment of the properties on the Balboa Peninsula which
has resulted in and will continue to result in extremely high
building deniity and overcrowding of people into this limited
land area; and
VMREAS, in preparation of developing a General Plan
for future development in the City, the Community Development
Department has conducted land use density studies and surveys
throughout the various areas in the community; and
WHEREAS, as a result of the findings of these density
studies for the Balboa Peninsula area, the City Council has
instructed the Planning Commission to consider rezoning the
Peninsula area in order to permit land uses which will help
alleviate the problem of high density and overcrowding in that
area; and
WHEREAS, pending consideration by the Planning Com-
mission of these suggested zone changes, the City Council
believes that it would be in the best interest of all of the
citizens of Newport Beach to prohibit any construction other
than single family or R-1.5 multiple residences and comniercial
uses permitted in the C-1 District in the Balboa Peninsula
area; and
-1-
DON dm
2/13/73
WHEREAS, Section 65858 of the California Government
Code specifically authorizes the adoption of interim zoning
ordinances as emergency measures prohibiting uses which may
conflict with a zoning proposal which the legislative bodv is
considering; and
WHEREAS, in enacting this ordinance the City Council
hereby declares that it is acting pursuant to authority of said
Section 65858 of the California Government Code.
Now, therefore, the City Council of the City of
Newport Beach DOES ORDAIN as follows:.
SECTION 1. No building permits will be issued with-
out first obtaining a use permit for any new construction within
the area located from 19th Street east to the Bay Entrance
Channel bounded on the south by the Pacific Ocean and on the
north by the Bay, more commonly referred to as the Balboa Penin-
sula, except for uses permitted by Chapter 20.12 of the Newport
Beach Municipal Code entitled the "R-1 District", and R-1.5
uses in the R-2, R-3 and R-4 Districts. The C-1 District is
exempt from the provisions of.this ordinance.
SECTION 2. If adopted by a four -fifths vote, this
ordinance shall be effective for a period of one hundred twenty
(120) days from the date of its adoption; PROVIDED, however,
that after notice pursuant to Section 65858 of the California
Government Code and public hearing, the City Council may extend
this ordinance for eight months and subsequently extend it for
one year. Not more than these two extensions may be adopted.
Any such extension shall also require a four -fifths vote for
adoption.
SECTION 3. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
stated herein and shall -take effect immediately after a public
hearing and adoption by a four -fifths vote of the members of
she City Council.
-2-
DON dm
2/13/73
SECTION 4. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council
of the City of Newport Beach held on the 12th day of
February , 1973, by the following vote, to wit:
AYES, COMICITINIEN:
ATTES
City
K._
1 �+Y
COUNCILMEN
Pc 'FL Pp 3 - \�O
p 4i`` 022P0 N.Rnl.l_C:AI..I T9 Pm\0 $0
February 12, 1973
MINUTES
INDEX
Motion
Ayes
Motion
Ayes
xxxxxxx
xxxxxxx
x
x
C-1-H District to an R-1 District and establishing
the front yard setback.
A report was presented from the Community Develop -
me epartment dated January 22.
No one desired a heard.
The hearing was closed.
;
Ordinance No. 1489 wars adopted.
ORDINANCES FOR ADOPTION:
1. Proposed Interim Zoning Emergency Ordinance
Balboa
'1Qo--1`4'9"0'�'"bein
Peninsula
Bldg
AN EMERGENCY ORDINANCE OF THE CITY OF
Moratoriu
NEWPORT BEACH PROHIBITING THE ISSUANCE
OF ALL BUILDING PERMITS FOR ALL CON-
STRUCTION ON THE BALBOA PENINSULA
EXCEPT FOR PERMITTED USES IN THE R-1
DISTRICT,
establishing a 120-day moratorium within the area
located from 19th Street East to the Bay Entrance
Channel bounded on the south by the Pacific Ocean
and on the north by the Bay, was presented with a
report from Mayor Pro Tem Rogers. '
A letter from Mr. and Mrs. Kenneth Haigh urging
adoption of an emergency ordinance and letters from
Don Bergman and the Balboa Improvement Associ-
ation opposing the proposed building moratorium
were presented. Letters were received after the
agenda was printed from Phillo Tozer, Hazel Jones,
Henry B. Nuetzel and Daniel Connelly opposing the
moratorium.
The following people addressed the Council in oppo-
sition to the proposed emergency ordinance: George
Purlin, representing the Balboa Improvement Associ-
ation; James Ensign; Tom Hyans, President of the
Central Newport Beach Association; Jeff Breiry;
Blackie Gadarian; Joe Rosenor; James Parker; Craig
Pierce; John Konwiser; Gilbert Ferguson, Executive
Director of CEEED; Francis Horvath and Goldie
Joseph..
Motion
x
Mr. Horvath was granted an additional three minutes
Ayes
xxxxxxx
for his comments.
Volume 27 - Page 33'
COUNCILMEN
?��;,poi 0 o N
�Q ?i �� 2 �O NA 0
MOLL CALL TS 'P a C 9C Pm
CITY OF NEWPORT BEACH
February 12, 1973
MINUTES
INDEX
The following people addressed the Council in favor of
the proposed emergency ordinance: Didi Moore; Lee
Gilliland; Bill Campbell, President of the Balboa
Peninsula Association; Ginger Paige; Elaine Linhoff;
Pat Trask and Carter Ford.
Motion
x
Mayor Pro Tem Rogers made a motion to adopt
Emergency Ordinance No., 1490.
Motion
x
Councilman Ryckoff made a substitute motion to also
limit. construction to R-1 or R-1. 5 in Corona del Mar
areas F-2, F-3 and F-4, to limit any multiple uses
to 12 per acre in Big Canyon and the Harbor View
Hills Bren Tract.
Councilman Ryckoff requested that the record show
the following statement, "This temporary ordinance
is proposed for four areas, including the Peninsula,
where contemplated zoning proposals will be subject
to hearings in February, Mardh and April. The City
Attorney states that such action is appropriate to
prevent an influx of applications and which, if issued,
would be in conflict with and frustrate the purpose of
the zoning under consideration. This action will per-
mit the orderly hearing process to occur. It will
save builders and developers from continuing work or
filing applications where changes are contemplated. "
Ayes
x
x
A vote was taken on Councilman Ryckoff's substitute
Noes
x
x
x
x
X
motion, which motion failed to carry.
Councilman Dostal requested an amendment providing
for the issuance of Use Permits in hardship cases.
Mayor Pro Tem Rogers accepted the amendment
recommended by Councilman Dostal and added the
additional amendment to permit R-1. 5 construction
in any R-2, R-3 or R-4 zone.
Ayes
x
x
x
x
x
x
A vote was taken on Mayor Pro Tem Rogers' motion,
Noes
x
and Emergency Ordinance No. 1490, as ame_ nded, _was
adopted.
CONTINUED BUSINESS:
1. A report was presented from the City Manager re-
32nd/
arding proposal of Los Angeles Savings to acquire
Marcus
-owned property at 32nd and Marcus Streets.
Resolution 7926, declaring certain real property
R-7926
owned by the City Newport Beach to be surplus,
and further declaring i tion to sell said property to
Los Angeles Federal Saving d Loan Association,
Motion
x
and setting a public hearing for uary 26, 1973,
Ayes
xxxxxxx
was adopted.
Volume 27 - Page 34
w
CITY OF NEWPORT BEACH -- DEPARTMENT OF COMMUNITY DEVELOPMENT
T0: B. J. Fowler
FROM: R. V. Hogan
SUBJECT: Emergency Ordinance - Balboa Peninsula
The City Council on February 12, 1973, adopted Ordinance No. 1490,
which restricts the issuance of permits for residential development
on the Balboa Peninsula as an emergency measure, effective Feb-
ruary 13, 1973, for a period of 120 days.
The ordinance specifically provides that the area of restriction
is the Balboa Peninsula from 19th Street east to the Bay Entrance
Channel and that in that area:-
1. Permits for single-family uses may be issued in the
R-1, R-2, R-3 and R-4 Zones.
2. Permits for duplexes of the size allowed in the
R-1.5 Zone may be issued in the R-2, R-3 and R-4 Zones.
3. Any residential building having more than two units,
or of a size larger than that allowed in the R-1.5
Zone, will require a use permit in the R-2, R-3 and
R-4 Zones.
4. The C-1 Zone is not affected by the ordinance.
All permits for which applications were accepted prior'to this date
may be processed as usual.
. Hogan
RVH/kk
3'
ORDINANCE NO. 1490
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH PROHIBITING THE ISSUANCE OF ALL BUILDING
PERMITS FOR ALL CONTRUCTION ON THE BALBOA
PENINSULA EXCEPT FOR PERMITTED USES IN THE
R-1 AND R-1.5 DISTRICTS AND EXEMPTING THE C-1
DISTRICT
WHEREAS, the area from 19th Street east to the Bay
Entrance Channel bounded on the south by the Pacific Ocean
and on the north by the Bay, more commonly referred to as
the Balboa Peninsula, comprises single family, multiple resi-
dential, and commercial zoning; and
WHEREAS, the rapid growth of the City of Newport Beach
has created increasing pressures for intensive development and
redevelopment of the properties on the Balboa Peninsula which
has resulted in and will continue to result in extremely high
building denisty and overcrowding of people into this limited
land area; and
WHEREAS, in preparation of developing a General Plan
for future development in the City, the Community Development
Department has conducted land use density studies and surveys
throughout the various areas in the community; and
WHEREAS, as a result of the findings of these density
studies for the Balboa Peninsula area, the City Council has
instructed the Planning Commission to consider rezoning the
Peninsula area in order to permit land uses which will help
alleviate the problem of high density and overcrowding in that
area; .and
WHEREAS, pending consideration by the Planning Com-
mission of these suggested zone changes, the City Council
believes that it would be in the best interest of all of the
citizens of Newport Beach to prohibit any construction other
than single family or R-1.5 multiple residences and commercial
uses permitted in the C-1 District in the Balboa Peninsula
area; and
-1-
DON dm
2/13/73
WHEREAS, Section 65858 of the California Government
Code specifically authorizes the adoption of interim zoning
ordinances as emergency measures prohibiting uses which may
conflict with a zoning proposal which the legislative body is
considering; and
WHEREAS, in enacting this ordinance the City Council
hereby declares that it is acting pursuant to authority of said
Section 65858 of the California Government Code.
Now, therefore, the City Council of the City of
Newport Beach DOES ORDAIN as follows:.
SECTION 1. No building permits will be issued with-
out first obtaining a use permit for any new construction within
the area located from 19th Street east to the Bay Entrance
Channel bounded on the south by the Pacific Ocean and on the
north by the Bay, more commonly referred to as the Balboa Penin-
sula, except for uses permitted by Chapter 20.12 of the Newport
Beach Municipal Code entitled the "R-1 District", and R-1.5
uses in the R-2, R-3 and R-4 Districts. The C-1 District is
exempt from the provisions of.this ordinance.
SECTION 2. If adopted by a four -fifths vote, this
ordinance shall be effective for a period of one hundred twenty
(120) days from the date of its adoption,- PROVIDED, however,
that after notice pursuant to Section 65858 of the California
Government Code and public hearing, the City Council may extend
this ordinance for eight months and subsequently extend it for
one year. Not more than these two extensions may be adopted.
Any such extension shall also require a four -fifths vote for
adoption.
SECTION 3. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
stated herein and shall take effect immediately after a public
hearing and adoption by a four -fifths vote of the members of
the City Council.
-2-
DON dm
2/13/73
SECTION 4. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council
of the City of Newport Beach held on the 12th day of
February , 1973, by the following vote, to wit:
AYES, COUNCILMEN:
M
C:
I;
NO. 1490
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH PROHIBITING THE ISSUANCE OF ALL BUILDING
PERMITS FOR ALL CONTRUCTION ON THE BALBOA
PENINSULA EXCEPT FOR PERMITTED USES IN THE
R-1 AND R-1.5 DISTRICTS AND EXEMPTING THE C-1
DISTRICT
WHEREAS, the area from 19th Street east to the Bay
Entrance Channel bounded on the south by the Pacific Ocean
and on the north by the Bay, more commonly referred to as
the Balboa Peninsula, comprises single family, multiple resi-
dential, and commercial zoning; and
WHEREAS, the rapid growth of the City of Newport Beach
has created increasing pressures for intensive development and
redevelopment of the properties on the Balboa Peninsula which
has resulted in and will continue to result in extremely high
building denisty and overcrowding of people into this limited
land area; and
WHEREAS, in preparation of developing a General Plan
for future development in the City, the Community Development
Department has conducted land use density studies and surveys
throughout the various areas in the community; and
WHEREAS, as a result of the findings of these density
studies for the Balboa Peninsula area, the City Council has
instructed the Planning Commission to consider rezoning the
Peninsula area in order to permit land uses which will help
alleviate the problem of high density and overcrowding in that
area; and
WHEREAS, pending consideration by the Planning Com-
mission of these suggested zone changes, the City Council
believes that it would be in the best interest of all of the
citizens of Newport Beach to prohibit any construction other
than single family or R-1.5 multiple residences and commercial
uses permitted in the C-1 District in the Balboa Peninsula
area; and
-1-
DON dm
2/13/73
WHEREAS, Section 65858 of the California Government
Code specifically authorizes the adoption of interim zoning
ordinances as emergency measures prohibiting uses which may
conflict with a zoning proposal which the legislative body is
considering; and
WHEREAS, in enacting this ordinance the City Council
hereby declares that it is acting pursuant to authority of said
Section 65858 of the California Government Code.
Now, therefore, the City Council of the City of
Newport Beach DOES ORDAIN as follows:.
SECTION 1. No building permits will be issued with-
out first obtaining a use permit for any new construction within
the area located from 19th Street east to the Bay Entrance
Channel bounded on the south by the Pacific Ocean and on the
north by the Bay, more commonly referred to as the Balboa Penin-
sula, except for uses permitted by Chapter 20.12 of the Newport
Beach Municipal Code entitled the "R-1 District", and R-1.5
uses in the R-2, R-3 and R-4 Districts. The C-1 District is
exempt from the provisions of this ordinance.
SECTION 2. If adopted by a four -fifths vote, this
ordinance shall be effective for a period of one hundred twenty
(120) days from the date of its adoption; PROVIDED, however,
that after notice pursuant to Section 65858 of the California
Government Code and public hearing, the City Council may extend
this ordinance for eight months and subsequently extend it for
one year. Not more than these two extensions may be adopted.
Any such extension shall also require a four -fifths vote for
adoption.
SECTION 3. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
stated herein and shall take effect immediately after a public
hearing and adoption by a four -fifths vote of the members of
the City Council.
-2-
DON dm
2/13/73
a
SECTION 4. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council
of the City of Newport Beach held on the 12th day of
V
C
February , 1973, by the following vote, to wit:
co
n
i
N
N
1
N
a
q
Fab
ruar7 5.o a 73 /
504. Eaat Ocaar-rout
R&wport Beach, CA 92661
Councilman Howard Rogero
Newport Beach
Newport Beach City Hall
3300 Nowport Blvd.
Newport Beach, CA.
Dear Councilman Rogers,•
I am deeply concerned with the proposed moratorium on
building in our Newport Bauch -Balboa area, While our
current problems are primaril7 related to (1) population'
donsity and, (2) the a_uality of the environment, a mora-
torium. appears to bo radical suroary for a lo;i grads
infaetion. Before perpatra.ting an inequitable and unecon-
omic achome - a moratorium - on the community, inve,ltigation
and correction of our existing infections would be �ora
sensible solutions. For exampla:
ILLEGP.L RENTALS This is one of'tho moat blatant
illegalities presently existing. (i.e.) 506 East
Oceanfront has three illegal rentals in the front
house and an illegal ( previously condemned) rental
in a rear shack. Thepe tea, of course, no garage:
This maxis there are four families, plus animals,"
plus on-streat parking for five autona Two houses
to the -east o:i Oceaafront raht out their ovemhead-
door garages, rasultiAg in additional poople, plum
on-the-straet'parking. As one travola east on the
Balb6'a peninsula, toward the "wedge" there are nurmaroua
illegal rentals, approximating eight hundred'paopla
and thrae hundred and fifty on-streat,parkedyautos.
THIS REPRESENTED POPULATION DENSITY.
WHAT IS/HAS THE COUNCIL DONE ABOUT THIS??????
AIRVPOLLUTION I recently contacted the Federal
Clean/Pure Air facility to protest the concentration
of carbon monoxide in the areas where autos unit for
ferry boarding. During the summer, it is not unusual
for fifty autos to gait for hours, spewing gaseous
matter into the air. The stench is overpowering;" '
the air pollutioA'totally unacceptable. I an a.dng
the Clean Air Cormisaion to measure'emmissiona:in
this area and m'ake'raoommendsitioAs accordingly, I
recommend that autos not ba on THE:,'j1FRft-r d urinQ the,
THIS REPRESENTS BOTH POPULATION DENSITY AND THE
QU_9LITY OF THE ENVIR011R ENT.
WHAT HAS THE COUivCIL DONE ABOUT THIS??????
If the Council would investigate and cure the chronic ulcers
in our community, a moratorioum mould not only not be necessary,
but w not even appear as a possible solution.
2tverp tru 7a /
(Mrs.) Bernadatto V. tTehrly l —
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M
LL
0►1 e
NO. 1490
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH PROHIBITING THE ISSUANCE OF ALL BUILDING
PERMITS FOR ALL CONTRUCTION ON THE BALBOA
PENINSULA EXCEPT FOR PERMITTED USES IN THE
R-1 AND R-1.5 DISTRICTS AND EXEMPTING THE C-1
DISTRICT
WHEREAS, the area from 19th Street east to the Bay
Entrance Channel bounded on the south by the Pacific Ocean
and on the north by the Bay, more commonly referred to as
the Balboa Peninsula, comprises single family, multiple resi-
dential, and commercial zoning; and
WHEREAS, the rapid growth of the City of Newport Beach
has created increasing pressures for intensive development and
redevelopment of the properties on the Balboa Peninsula which
has resulted in and will continue to result in extremely high
building denisty and overcrowding of people into this limited
land area; and
WHEREAS, in preparation of developing a General Plan
for future development in the City, the Community Development
Department has conducted land use density studies and surveys
throughout the various areas in the community; and
WHEREAS, as a result of the findings of these density
studies for the Balboa Peninsula area, the City Council has
instructed the Planning Commission to consider rezoning the
Peninsula area in order to permit land uses which will help
alleviate the problem of high density and overcrowding in that
area; and
WHEREAS, pending consideration by the Planning Com-
mission of these suggested zone changes, the City Council
believes that it would be in the best interest of all of the
citizens of Newport Beach to prohibit any construction other
than single family or R-1.5 multiple residences and commercial
uses permitted in the C-1 District in the Balboa Peninsula
area; and
-1-
DON dm
2/13/73
WHEREAS, Section 65858 of the California Government
Code specifically authorizes the adoption of interim zoning
ordinances as emergency measures prohibiting uses which may
conflict with a zoning proposal which the legislative body is
considering; and
WHEREAS, in enacting this ordinance the City Council
hereby declares that it is acting pursuant to authority of said
Section 65858 of the California Government Code.
Now, therefore, the City Council of the City of
Newport Beach DOES ORDAIN as follows:.
SECTION 1. No building permits will be issued with-
out first obtaining a use permit for any new construction within
the area located from 19th Street east to the Bay Entrance
Channel bounded on the south by the Pacific Ocean and on the
north by the Bay, more commonly referred to as the Balboa Penin-
sula, except for uses permitted by Chapter 20.12 of the Newport
Beach Municipal Code entitled the "R-1 District", and R-1.5
uses in the R-2, R-3 and R-4 Districts. The C-1 District is
exempt from the provisions of this ordinance.
SECTION 2. If adopted by a four -fifths vote, this
ordinance shall be effective for a period of one hundred twenty
(120) days from the date of its adoption; PROVIDED, however,
that after notice pursuant to Section 65658 of the California
Government Code and public hearing, the City Council may extend
this ordinance for eight months and subsequently extend it for
one year. Not more than these two extensions may be adopted.
Any such extension shall also require a four -fifths vote for
adoption.
SECTION 3. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
stated herein and shall take effect immediately after a public
hearing and adoption by a four -fifths vote of the members of
the City Council.
-2-
DON dm
2/13/73
SECTION 4. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council
of the City of Newport Beach held on the 12th day of
Febtuary , 1973, by the following vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT COUNCILMEN:
ff4K
COUNCILMEN
Pn<,p0 C o u1
F ?i '(� 2 �O �A O
ROLL CALL T' mP N r
CITY OF NEWPORT BEACH
7anuary 22. 1973
MINUTES
INDEX
The City Attorney ruled that such a deletion could be
t�
accomplished without reintroducing the ordinance.
Ayes
xxxIk
x
x
A vote Was taken on Councilman Ryckoff's motion, and
Noes
x
Ordinance No. 1487, as amended, was adopted.
niiis opened the public hearing in connection
R-1. 5
ance No. 1486, being,
District
DINANCE OF THE CITY OF NEWPORT
N
H AMENDING SECTIONS 20. 13. 010,
030, 20.13.040 AND 20.13. 050 OF THE
RT BEACH MUNICIPAL CODE PER-
TAININ- O DEVELOPMENT STANDARDS IN
ICT,
THE R-1.\11D
Planning Commendment No. 350, providing
that total grosea on an R-1.5 District lot
shall not exceee the buildable area of the
site.
Bill Hardesty,uis Parke and Bill Zaun
addressed the in oppositio o the proposed
ordinance.
Motion
x
The hearing w.
Ayes
xxxxxxx
Motion
x
Ordinance No.s adopted.
Ayes
xxxxxxx
Motion
x
A proposed emergency ordinance regarding moratorium
Ayes
x
x
x
x
x
x
x
on building permits on the peninsula was taken out of order
at this #me,
3. Mayor McInnis opened the public hearing, pursuant
Balboa
to Section 65856 of the California Government Code,
Peninsula
in connection with a proposed emergency ordinance,
R-1. 5
being,
AN EMERGEUCZ' QXZTANCE OF THE CITY OF
NEWPORT BEACH PROHIBITING_THE_ISSUbJLCE
OF ALL BUILDING -ERMLT FQR.Ar,L,..Gj=,.,
STRUCTION ON THE BALBOA_P_ENJU�LU-L-A
EXCEPT FOR PERMITTED USES IN THE R-1
DISTRICT,
construction in Balboa Peninsula Statistical Area "D",
encompassing the entire area from 19th Street east
to the bay channel entrance, commonly known as the
jetty, bounded on the south by the ocean and on the
north by the bay.
A report was presented from the City Attorney.
Volume 27 - Page 15
.r .M '
COUNCILMEN
�n 'Fj n N
�p 'ti p� ZZpO NA O
ROLL CALL r 9 �N m (9C pm
CITY OF NEWPORT BEACH
January 22. 1973
MINUTES
INDEX
Letters were received after the agenda was printed
from John Blaich requesting that his properties at
1317 and 1319 East Balboa Boulevard be exempt from
the moratorium and proposed rezoning, from the
Central Newport Beach Community Association and
from the Balboa Peninsula Point Association support-
ing the' moratorium and a letter from Dee Fields
offering comments by the Balboa Improvement Associ-
ation.
i
The following people addressed the Council in op-
position to the proposed emergency ordinance: James
Edison, Dr. Louis Parker, Dan Connelly, Goldie
Joseph, Jeff Breiry, Jack Mather, Robert Brose,
Dana Smith, Francis A. Horvath, Bill Hardesty, Bill
Edie, John Konwiser and Dave Dougherty.
Motion
x
Mr. Horvath was granted an additional five minutes
Ayes
x
x
x
x
x
x
x
fdr his presentation.
Richard Clucas, John Wilson and Allan Beek ad-
dres6ed the Council in favor of the proposed ordi-
nance.
Motion
x
The hearing was closed.
Ayes
xxxxxxx
Motion
x
Mayor Pro Tern Rogers made a motion to adopt the
Ayes
x
x
x
x
emergency ordinance, which motion failed to carry.
Noes
x
x
x
Mayor Pro Tem Rogers made a motion to delete the
emergency factor, and to introduce the ordinance with
an amendment extending the area to 21st Street and
to set for public hearing.
The City Attorney requested time to determine if the
above action was appropriate.
Motion
x
A five minute recess was called.
Ayes
xxxxxx
The Council reconvened with all members present.
The City Attorney ruled that the ordinance could not
be introduced that night as it would constitute an
amendment to the Zoning Code and w9ul4 have to go
through the Planning Commission hearing procedures.
Mayor Pro Tern Rogers withdrew his motion.
It was agreed that the City Attorney would draft a
Resolution of Intention to amend the Zoning Code
for Council consideration on Februarwy ],Z.
Volume 27 - Page 16
COUNCILMEN
A 0
At P� 'FL �p 0a 'PA
CITY OF NEWPORT BEACH
Tanuary 8. 1973
MINUTES
INDEX
3. A copy of a letter, including twenty exhibits, from
Sturges
M. A. Sturges to the Board of Supervisors regarding
his assigned lease on a lot located on the waterfront
on Bayside Drive was presented.
M. A. Sturges addressed the Council on the above
matter after requesting permission to talk over the
time limit.
Motion
x
was granted ten minutes for his pre -
Ayes
x
x
x
\*on.
then addressed the Councilregarding a
d with the Police Department.
Motion
x
Mr. Sturges was ranted an additional five minutes
Ayes
x
x
x
x
x
for the above prese tation.
ADDITIONAL BUSINESS:
1. The resignation of Mrs. Mitzi om the Newport
NB City
Motion
x
Beach City Arts Committee wased with regret
Arts Cmte
Ayes
x
x
x
and it was directed that a CertifAppreciation
be sent to her; Mrs. Mary Chabappointed tofulfill
the unexpired term of Mrith, endingJune
\appo�inted
30, 1974; and Miss Sue Wis ap ointed fora
four-year term, ending June 3.Motion
x
2. The staff was directed to have pspecifica 'ons
City
Ayes
xxxxxx
prepared for the construction ofater main to
Dump
serve the forty acre disposal site located at 19th
Property
Street and Whittier Avenue; and a budget amendment
of $5, 000 was approved.
Motion
x
3. The Planning Commission was directed to study the
Balboa
Ayes
xxxxxxx
following in the Statistical Area "D" of the Balbola.
Peninsula
Peninsula:
R-1. 5
(a) From the westerly boundary of statistical area
"D" to Balboa "C" zone for downgrade of all
property, except R-1, to R-1. 5;
(b) Balboa Commercial Zone for potential reduction
in area and possible C-1. 5 zoning; and
(c) From Balboa Commercial Zone to the end of the
Peninsula rezone to R-1.
on�^
x
4. The City Attorney was directed to draft an emergency
Balboa
Ayes
x
x
x
x
ordinance to stop the issuance of all building permits
Peninsula
Noes
except R-1 for the entire Statistical Area "D" on the
R-1. 5
allbboa Peninsula for a period of 180 days for consid-
eratiolra a public hearing on January 22, 1972.
Mayor McInnis adjourned eeting at 12:24 A, M:
Volume 27 - Page 12
COUNCILMEN
\%\
0AOROLL CALLPam v� �m
CITY OF NEWPORT BEACH
January 8, 1973
MINUTES
INDEX
3. A copy of a letter, including twenty exhibits, from
Sturges
M. A. Sturges to the Board of Supervisors regarding
his assigned lease on a lot located on the waterfront
on Bayside Drive was presented.
M. A. Sturges addressed the Council on the above
matter after requesting permission to talk over the
time limit.
Motion
x
Mr. Sturges was granted ten minutes for his pre -
Ayes
xxxx
sentation.
s then addressed the Council regarding a
had with the Police Department.
Motion
x
\roblem
s was granted an additional five minutes
Ayes
xxxx
ve presentation.
USINESS:
1. The resignatio of Mrs. Mitzi Smith from the Newport
NB Cit
Motion
x
Beach City Arts ommittee was accepted with regret
Arts C
Ayes
xxxx
and it was directs that a Certificate of Appreciation
be sent to her; Mrs. ary Chabre was appointed to
fulfill the unexpired to m of Mrs. Mitzi Smith, ending
June 30, 1974; and Miss ue Wilson was appointed for
a four-year term, ending ne 30, 1976.
Motion
x
2. The staff was directed to have lans and specifications
City
Ayes
x
x
x
x
x
x
prepared for the construction o 12" water main to
Dump
serve the forty acre disposal site cated at 19th
Propei
Street and Whittier Avenue; and a b get amendment
of $5, 000 was approved.
Motion
x
3. The Planning Commission was directed to tudy the
Balboa
Ayes
xxxx
following in the Statistical Area "D" of the lbola.
Penns
Peninsula:
R -1. 5
(a) From the westerly boundary of statistical ar
"D" to Balboa "C" zone for downgrade of all
property, except R-1, to R-1. 5;
(b) Balboa Commercial Zone for potential reduction
in area and possible C-1. 5 zoning; and
(c) From Balboa Commercial Zone to the end of the
Peninsula rezone to R-1.
Motion
x
4. The City Attorney was directed to draft an emergency
Balboa
Ayes
xxxx
x
x
ordinance to stop the issuance of all building permits
Penins
except R-1 for the entire Statistical Area "D" on the
Noes
x
R-1. 5
Balboa Peninsula for a period of 180 days for consid-
eration at a public hearing on January 22, 1972.
Mayor McInnis adjourned the meeting a :
Volume 27 - Page 12
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