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HomeMy WebLinkAbout839 - Amending-Deleting-Adding SectionsAFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, • County of Orange, BEN REDDICK .......... .................................................................... I ......... _ of the said County, being duly sworn, deposes and says: THAT - ...........he is and at all times here mentioned was a citizer. of the United States, over the age of eighteen years, and that ............... he is not a party to, nor interested in the above entitled matter; that ................. he is the * ..... ............................... printer of the Newport Harbor News Press, a newspaper of general circulation, printed and published in the City of Newport Beach, County of Orange, and which newspaper has been adjudged a newspaper of general cir- culation by the Superior Court of the County • of Orange. State of California, under date of October 22, 1954, Case Number A 24831;, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wlt: December 2 all in the year 19 --- 5 ..... . . . . .. .. ..... ......................... . - -- -- ----------- ......... *Printer Foreman of the Printer or Principal Clerk of the Printer. Subscribed and Sworn to before me this na day of -" ' — December ................ 19.._57 (STEAL) Notary Public in and for said County / and State. My Commission Expires November "17 19 59 ............................ ORDINANCE SO. 839 AN ORDL \AN CE OF THE CITY OF NEWPORT BEACH MIENDING SECTIONS 92- 9 52.11, 9252.22, 9252.32, 9253.- 11, 9253.52, 9254.15, 9254.33, 9254.36, 9255.27; DELETING SECTION 9252.33 AND ADD- ING SECTIONS 9254.14 (f) AND 9255.28 (b) OF ARTI- 45LE IX != TO THE MUNI- CIPAL CODE OF THE CITY OF NEWPORT BEACH. The City Council of the City of Newport Beach does ordain as follows: 1 SECTION 1: That Section 9252.11 of Chapter III of Arti- cle IX 3i of the Municipal Code of the City of Newport Beach be, and the same is, hereby amended to read as follows: "Section 9252.11. Fifteen (15) copies of a tentative snap and statement of the proposed sub- division of any land shall be at filed with the Planning Com- mission at least fifteen (15) days prior to the meeting of said Commission, at which con- sideration is desired, together with a filing fee of twenty -five dollars ($25.00) for any Subdivi- sions except subdivisions of less than five (5) lots." SECTION 2: That Section ------- 9252.22 of Chapter III of Arti- cle IX 1/2 of the Municipal Code s f of the City of Newport Beach be, and the same is, hereby Of amended to read as follows: E "Section 9252.22. Subdivisions Containing Less Than Five Lots. Th "(a) Filing of Map. Where pro- posed subdivisions contain four ' or less lots, all of which abut upon a dedicated and accepted city stre€k$ the subdivider shall filer three (3) copies of a sur- veyor's map of said subdivision showing the dimensions of the proposed lots, a $25.00 filing fee and any other information deemed necessary with the Plan- t ring Commission at least 15 days prior to the meeting there- of at which consideration is de- Sired. Copies of maps of said proposed subdivision of four (4) or-less lots shall be considered as the final map by the Plan- ning Commission. "(b) Approval. At its first regular meeting following the filing of said map, the Planning Commission shall consider said map and the plan of subdivision. If the Planning Commission shall determine that said map is' in conformity with the require- ments of this article and all or- dinances of the City and if it I s satisfied with the plan of subdivision, it shall approve said map and signify its action on the face thereof by appropriate stamp and the signature of the Commission secretary. "(c) Recording. If the Plan- ning Commissidn approves said subdivision, the subdivider shall pay the City a fee estimated to cover the cost of recording ,the map in the County Record- er's office plus $1.00 to cover, the City's, cost of having the map recorded. The City shall ob- tain the recordation of the map and shall return the recorded map to the subdivider. "(d) Extension of Time. The time limits for acting on the subdivision map as provided for in paragraph (b) hereof may be extended upon mutual consent of the subdivider and the Planning I Commission. Such time limit ex- tension shall be for a peribd not to exceed 90 days. In the event that said map is not acted upon Within the 90 -day period, the map shall be deemed disapprov- ed. lad 849 "ie) Disapproval. If the Plan- ning Commission shall deter- mine either that sail map is not in conformity with the re- quirements of this article and all ordinances of the City, or that it is not satisfied with the plan of subdivision, it shall dis- approve said map specifying its reason or reasons therefor, and the Secretary of the Planning Commission shall, in writing, ad- vise the subdivider of such dis- approval and of the reason or reasons for such disapproval. Within 30 days after the Plan- ning Commission has disapprov- ed any map, the subdivider may 1 file with the Planning Commis. Sion a revised map for the con- sideration of the Commission. "(f) Exceptions. The Planning Commission may authorize ex- ceptions to any requirements and regulations set forth in this ar- ticle. Application for any such exception shall be made at the time of the filing of the map by a certified petition of the subdivider stating fully t h e grounds for the exception and the facts relied upon by the pe- titioner. In order for the prop -; erty referred to in the petition to come within the provisions of this sub- section, it shall be nec essary that the Planning Com'. mission shall find the following facts with respect thereto: "1. That there are special circumstances or conditions j affecting said property. ';2. That the exception is necessary for the preserva- tion a.nd enjoyment o[ a substantial property right o! the petitioner. "3. That the granting of i the exception will not be detrimental to the public welfare or injurious to other ' property in the vicinity in which said property is lo- cated. In authorizing such excep- tions, the Planning Commission shalt secure substantially the objectives of the regulation to w: ich the exceptions are grant- ed, as to lint, air and the pub- lic health, safety, convenience and general welfare. "(g) Action by Commission Final. The action of the Plan- ning Commission in approving or disapproving said map shall become final in the absence of any appeal, except as provided in sub - paragraph (e) hereof. No map shall have any force or ef- fect until the same has been approved by the Planning Com- mission and recorded. "(h) Appeal. "(1) In case the applicant or any person, firm or cor- poration is not satisfied with the action of the Plan- ning Commission, he may within 15 days appeal in writing to the City Council. "(2) The City Council shall set a date for public hearing, notice of which shall be given by one pub- lication in a newspaper of general circulation in the city at least 10 days prior to such hearing and by post- ing notice on the property involved or adjacent thereto at least YO days prior to such hearing. Notice shall also be given to the Plan- ning Commission of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Com- mission, or shall be repre- sented at the hearing. " (3 ) The Citv C o u n c i l shall render its decision within 60 days after the fil- 1 ing of such appeal. I IU Application of Prorislons SECTION 7: That Section of Article D. ?,. All of the 9254.14 (f) be added to Chapter provislons of Article IX it not V of Article IX, iz of the Dfum- Ispecifically covered by Section cipal Code of the City of New - 9252.22 and the subsections port Beach to read as follows: thereo`, and not otherwise in- "Section 9254.14 (f). Park - consistent therewith. shall apply ways. Parkways between curbs to all subdivisions of less than and sidewalks shall be required S lots." and established at a minimum SECTION 3. That Section width of five (5) feet. Compli- of Chapter III of Arti- ante with policies recommended cle IX ?: of the Municipal Code by the Parks. Beaches and Ree- I9252.32 of the City of Newport Beach reation Department, and adopt -' be. and the same is, hereby ed by City Council, pertaining amended to read as follows: to parkways, shall be required:' "Section 9252.32. The Plan- . SECTION 8: That Section ning Commission may require 9254.15 of Chapter V of Article the subdivider to set aside or IX ?'e of the Municipal Code of may suggest to the subdivider the City of Newport Beach be. the advisability of dedicating or and the same is. hereby amend - setting aside suitable areas for ed to read as follows: parks, playgrounds and schools. "Section 9254.15. Service and ,other public building sites Roads and Off - Street Parking. that will be required for the When the front of any lots pro - 'use of the population which is posed for commercial or indus- intended to occupy the subdivi- trial usage front on any major sion under the plan of proposed or secondary street or highway. property uses therein. In all cas- the subdivider shall be required es the Planning Commission shall to dedicate and improve a ser- suggest to the subdivider such vice road to provide ingress or. measures as will make for ex- egress to and from such lots. cellence of residential, crammer- or in lieu thereof. if approved cial or industrial development." by the Planning Commission. SECTION 4: That Section the subdivider may dedicate for 9252.33 of Chapter III of article public use and improve an area IX 1z of the Municipal Code of approved by the Planning Com- the City of Newport Beach be, mission and adjacent to such and the same is. hereby deleted lots. for off - street parking pur- and repealed. poses. When the front of any SECTION 5: That Section lots proposed for residential us- 9253.11 of Chapter IV of Article age front on any freeway, State IX ii of the Municipal Code of Highway or parkway, the sub - the City of Newport Beach be. divider shall dedicate and !in- and the same is, hereby amend- prove a service road at the led to read as follows: front of such lots. unless such "Section 9253.11. Except as is already existent as a part of provided in Section 9252.22 and such freeway or parkway. In ad- within one year after approval dition to any requirement for a or conditional approval of the service road, the Planning Com- Itentative map. the subdivider mission may require adequate shall cause the subdivision or a off - street parking areas for a" any part thereof. to be surveyed lots proposed for commercial or a final map thereof prepar- industrial usage." qWnd d in conformance with the ten- SECTION 9: That Section tative map as approved or con- 9$$¢.33 of Chapter V of Article ditionally approved. The tracing and two blue line or black line IX ?z of the Municipal Code of of the final map shall he the City of Newport Beach be. ,prints filed with the Planning Commis - and the same is. hereby amended sion together with a checking to read as follows: "Section 9254.33. Front fee of $35.00 plus $1.00 per lot yard shown on the final map, but in set back lines may be deter -, any case a minimum of $50.00 mined by the Planning Commis -' per subdivision. Extensions of sion upon the application of the time may be granted by the subdivider. In such cases, the City Council upon recommends- subdivider shall file with the tion by the Planning Commis- Planning Commission an exact sion providing written applica- copy of the subdivision map tion is made by the subdivider showing approved set back lines within one year after action on suitable for producing district maps for use in the Zoning Code, the tentative map." on or before the consideration SECTION 6: That Section 9253.52 of Chapter IV of Article of the final map by the Plan - IX 12 of the Municipal Code of ning Commission." the City of Newport Beach be. SECTION 10: That Section and the same is. hereby amend- 9254.36 of Chapter V of Article ed to read as follows: IX 1z of the Municipal Code of "Section 9253.52. The subdiv- the City of Newport Beach be. ider shall also file with the and the same is, hereby amend - aforesaid agreement. to assure ed to read as follows: his full and faithful performance i "Section 9254.36. Lots that do thereof. a bond for such sum as not abut on a street will not is by the City Engineer deemed be permitted." sufficient to cover the cost of SECTION 11: That Section said improvements and inspec- 9255.27sof Chapter VI of Article tion. Such bond shall be execut- IX ;,z of the Municipal Code of ed by a surety company author- the City of Newport Beach be. ized to transact a surety busi- and the sane is. hereby amend- ness in the State of California ed to read as follows: must be satisfactory to and "Section 9255.27. Street Trees. e approved by the City Attor- onnd Street trees shall be- required ,ey as to form. and by the and planted in accordance with City Manager as to sufficiency. specifications established by the In lieu of said bond, the sub- Parks, Beaches and Recreation divider may deposit with the Department." ! City Treasurer cash money in SECTION 12: That Section an amount fixed as aforesaid by 9255.28 (b) be added to Chapter the City Engineer, or by depos- VI of Article IX 'A of the Mun- iting negotiable bonds of the icipal Code of the City of New -' kind approved for securing de- port Beach, to read as follows: posits of public inoney, subject "Section 9255.28 (b) Street to the approval of the City Signs. The subdivider shall pro- Council." 1 vide street• signs on all streets , within the subdivision ae requir- ed and approved by the City �{ Engineer.° _ SECTION 13: This ordinance shall be published at least once in the Newport Harbor News - Press. a newspaper of general circulation. printed. published and circulated in the City of Newport Beach and the same shall be in full force and effect 30 days after this passage. The above and foregoing ordi- nance was introduced at a regu- lar meeting of the City Council of the City of Newport Beach held on the 12th day of Novem- ber. 1957. and was finally passed and adopted on the 25th day of November, 1957. by the follow- ing vote. to wit: Ayes. Councilmen: Hart. Wil- der. MacKay. Stoddard. Hig- bie. Ridderhof. Hill Noes. Councilmen: None Absent Councilmen: None Attest: Margery Schrouder City Clerk DORA O. HILL Mayor' No. 849 News Press 12/2/57 12 1 • E / 1 L J STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF NEWPORT BEACH Margery Schrouder I- ----------------------------------------------------------- ---- ......-- ----............... City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing Ordinance YY 9 9 ........................................................... No..................................... was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ........... 25th..day, of .... ...... . .. .November 57 .............. 19 by the following vote: AYES: COUNCILMEN Hart, Wilder, MacKay, Stoddard, ------------------------------------------------ ----- -- ------ ---- ------ -------- - ----- Higbie, Ridderhof, Hill NOES: COUNCILMEN ...... _None ABSENT: COUNCILMEN...NTn Dated this ... ..30th day NB 130 -500 12/56 December 19.57 ----- ..... ............. .. °---......................... City C�and - Officio Clerk of the City Council. City of Newport Beach, State of California 13 0