HomeMy WebLinkAbout1012 - Subdivision FeesAFFIDAVIT OF PUBLICATION
I
NEWIPO" HARBOR ENSIGN
STATE OF CALIFORNIA
County of Orange j
I. ........ ARM ... E.. ...HAAP.k ...................... being first
duly sworn, and on oath depose and say that I am the
printer and publisher of the Newport Harbor Ensign, a
weekly newspaper printed and published in the City of
Newport Beach, County of Orange, State of California,
and that the ..... Qr..d nan.c.e....NO......1.01.2
of which
copy attached hereto is a true and complete copy, was
printed and published in the regular issue(s) of said
newspaper, and not in a supplement, ......1.......... consecu-
tive times: to -wit the issue(s) of
Sept.!! .... 29, .... 1962
(Signed)...,i/Ltir\ .5F
...............................
Subscribed and sworn to before me this.30...t.h.day of
............ September........ I9..62
/- Notary blic in and for th
County of Orange, State of California.
WY GOMp15010N LXPi... Nov. $0. 1966.
I la
ORDINANCE NO. 1012
AN ORDINANCE OF THE CI-
TY OF NEWPORT BEACH A-
MENDING SECTIONS 9252.11,
9252.22 AND 9253.11 OF
THE NEWPORT BEACH MU-
NICIPAL CODE RELATING
TO FEES FOR SUBDIVISIONS
The City Council of the City
of Newport Beach does ordain
as follows:
SECTION 1. Section 9252. 11
of the Newport Beach Munici-
pal Code is amended to read:
"SECTION 9252.11. Fifteen
(15) copies of a tentative map
and statement of the proposed
subdivision of any land shall
be filed with the Planning
Commission at least fifteen
(15) days prior to the meeting
of said Commission at which
consideration is desired, to-
gether with a filing fee of
One Hundred Dollars ($100.00)
or Five Dollars ($5.00) per
lot, whichever sum is greater,
for any subdivision except'
subdivisions containing less
than five (5) lots. "
SECTION 2. Section 9252.22
of the Newport Beach Munici-
pal Code is amended to read:
"SECTION 9252.22. Subdi-
visions containingLess Than
Five Lots.
(a) Filing of Map. Where
proposed subdivisions contain
four or less lots, all of which
abut upon a dedicated and
accepted city street, the sub -
divider shall file three (3) co-
pies of a surveyor'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 Planning
Commission at least 15 days
prior to the meeting thereof
at which consideration is de-
sired. Copies'of maps of said
proposed subdivision of four
(6) or less lots shall be con-
sidered as the final map by
the Planning Commission.
(b) Approval. At its first re-
gular meeting following the
filing of said map, the Plan-
ning Commission shall con-
sider said map and the plan
of subdivision. If the Planning
Commission shall determine
that said map is in conformity
with the requirements of this
article and all ordinances of
the City and if it is 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 Com-
mission secretary.
(c) Recording. If the Plan-
ning Commission approves
said subdivision, the subdivi-
der shall pay the City a fee
of $25.00 to cover the cost of
additional processing thereof
by the City and the cost of
having the map recorded. The
City shall obtain the recorda-
tion of the map and shall re-
turn 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 mutu-
al consent of the subdivider
and the Planning Commission.
Such time limit extension
shall be for a period not to
exceed 90 days. In the event
that said map is not acted up-
on within the 90 -day period,
themap shall be deemed dis-
approved.
(e) Disapproval. If the Plan-
ning Commission shall deter-
mine either that said map is
not in conformity with the
requirements of this article
and all ordinances of the Ci-
ty, or that it is not satisfied
with the plan of subdivision,
it shall disapprove said map
specifying its reason or rea-
sons therefor, and the Secre-
taryof the Planning Commis-
sion shall, in writing, advise
the subdivider of such disap-
proval and of the reason or
reasons for such disapproval.
ORDINANCE 1012 -- PAGE 1
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Within 30 days after the Plan-
ning Commission has disap-
proved any map, the subdivi-
der may file with the Plan-
ning Commission a revised
map for the consideration of
the Commission.
(f) Exceptions. The Planning
Commission may authorize
exceptions to any require -
ments and regulations set forth
in this article. Application
for any such exception shall
be made at the time of the
filing of the map by a certi-
fied petition of the subdivider
stating ,fully the grounds for
the exception and the facts
relied upon by the petitioner.
In order for the.property re-
ferred to in the petition to
come within the provisions of
this sub - section, it shall be
necessary that the Planning
Commission shall find the fol-
lowing facts with respect
thereto:
1. That there are special
circumstances or conditions
affecting said property.
2. That the exception is ne-
cessary for the preservation
and enjoyment of a substan-
tial property right of the pe-
titioner.
3. That the granting of the
exception will not be detri-
mental to the public welfare
or injurious to other property
in the vicinity in which said
property is located.
In authorizing such excep-
tions, the Planning Commis-
sion shall secure substantially
the objectives of the regula-
tion to which the exceptions
are granted, as to light, air
and the public health, safe-
ty, 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 pro-
vided in subsection (e) hereof.
No map shall have any force
or effect until the same has
been approved by the Plan-
ning Commission and record-
ed.
(h) Appeal.
1. In case the applicant or
any person, firm or corpora-
tion is not satisfied with the
action of the Planning Com-
mission, 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
byone publication in a news-
paper of general circulation
in the city at least 10 days
prior to such hearing and by
postingnotice on the property
involved or adjacent thereto
at least 10 days prior to such
hearing. Notice shall also be
given to the Planning Com-
mission of such appeal and
the Planning Commission shall
submit a report to the City
Council setting forth the rea-
sons for action taken by the
Commission, or shall be re-
presented at the hearing.
3. The City Council shall
render its decision Within 60
days after the filing of such
appeal.
(i) Application of Provisions
of Article IX 1/2. All of the
provisions of Article IX 1/2
not specifically coveted by
this section, and not other-
wise inconsistent herewith,
shall apply to all subdivisions
of less than 5 lots. "
SECTION 3. Section 9253. 11
of the Newport Beach Munici-
pal Code is amended to read:
"SECTION 9253.11. Except
as provided in Section 9252.22
and within one year after ap-
proval or conditional approval
of the tentative map, the sub-
divider shall cause the subdi-
vision of any part thereof to
be surveyed and a final map
thereof prepared in conform-
ance with the tentative map
as approved or conditionally
approved. The tracing and
ORDINANCE 1012 -- PAGE 2
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two blue line or black line
prints of the final map shall
be filed with the Planning
Commission. Extensions of
time may be granted by the
City Council upon recommen-
dation by the Planning Com-
mission providing written ap-
plication is made by the sub-
divider within one year after
action on the tentative map."
SECTION 4. This ordinance
shall be published once in the
official newspaper of the City,
and the same shall be effective
30 days after the date of its a-
doption.
This ordinance was ihtroduced
at a regular meeting of the Ci-
ty Council of the City of New -
portBeachheld on the 27th oay
of August, 1962, and was ad-
opted on the 11th day of Sep-
tember, 1962, by the following
vote, to wit
AYES, COUNCILMEN
Stoddard, Gruber, Cook,
Hart, Lorenz, Marshall,
Elder.
NOES, COUNCILMEN :
None
ABSENT COUNCILMEN :
None
CHARLES E. HART
Mayor
ATTEST:
Margery Schrouder
City Clerk
ORDINANCE 1012 -- PAGE 3
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STATE OF CALIFORNIA
COUNTY OF ORANGE S S.
CITY OF NEWPORT BEACH
I- ............... M,a,zgez.y-- $- ehr-ou J. ex.---------------- ..--------------- - - - - -, City Clerk of the City of Newport
Beach, California, do hereby certify that the foregoing .... --- ...... O.K.dm ance----------------------------------- - - - -..
No --------- 1012 ---- -------------- 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 ------- 11-11?- ....... day, of- ............ tS.eptexlahe- x .......... -------------- 19 -62-
by the following vote-
AYES. COUNCILMEN .....
S- t4ti51- dSd,.-- Cxx111bEr. >- .Si.4.f215
• NOES: COUNCI
•
ABSENT: COUNCILM
Dated this -- -------- 7-1h ....... day of ------------------- mo- y-eIx>b ox ------------ ....................... -............- -- 19.62..
NB 130 -500 12/56
City Clerk an & -Offi io Clerk of }he City Council,
City of Newport each, State of California