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HomeMy WebLinkAboutEMERGENCY ORDINANCE BALBOA PENINSULACOUNCILMEN p0 O NA ;0 Zo ^ao I I f:41 1 r m'pin N 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 — o c.� o W U LL W y c9 Jc" 4J H Z 3 W U Gy Y ��Z > z W a a d rc d fL W J o m 7 a S a a v 42 E U' a":Z'YEL .i2 am z,o, —N O OU '- > a 7 .d 0 'Z i 3 . c� N} dM0 auW .0 t°-WO>r�" J LL } 7 Z m F z a 4 1%n? a f U f Q Q U 0 L) d U LL LL ❑❑900 W� ❑❑❑❑❑❑❑❑❑❑Do ; N: S: N: pi it a? . (D:. i 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 mte ty ula ula .,�/,�L=�T '�G�t�c✓�L�/�Gr G ,CDr•//�li��',� f7.�/ -yD .S7Zr17 / .. --_ ✓'- . ���D,.��� . •- -- -_. Tl , . ..�/�Lr3�/�- fry' �„ZD��_ - � ._-�,� - � - ---•-.-/`!._/�_.�'.r'+ ,fix^-_-~ , _ __,. _.._. r " _ _._._-.__. _.�-._ _-.-_._. -� _ _ ..._� ......... .... L i - _. 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