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HomeMy WebLinkAbout1517 - Tentative & Final Subdivision MapsORDINANCE NO. 1517'• AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 19.12.010, 19.12.040, 19.12.070 AND 19.16.010 OF THE NEWPORT BEACH • MUNICIPAL CODE, PERTAINING TO TENTATIVE AND FINAL SUBDIVISION MAPS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 19.12.010 of the Newport Beach Municipal Code is amended to read: "19.12.010 Filing of Map - Fee. Thirty copies rf a tentative map and statement of the proposed subdivision of r any land shall be filed with the Planning Commission at least twenty -seven days prior to the meeting of the Commission at which consideration is desired, together with a filing fee of Two Hundred Dollars ($200).or Five Dollars ($5.00) per lot, whichever sum is greater, for'any subdivisions except subdivision containing less than five lots." • SECTION 2. Section 19.12.040 of the Newport Beach Municipal Code is amended to read: "19.12.040 Subdivisions Containing Less 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 subdivider shall file twenty copies of a surveyor's map of the subdivision showing the dimensions of the proposed lots, the payment of a One Hundred Twenty -Five Dollar ($125) filing fee and any other information deemed necessary with the Planning Commission at least twenty -seven days prior to the meeting thereof at which consideration is desired. Copies of maps of the proposed subdivision of four or less lots shall be considered as the final map by the Planning Commission. • B. PUBLIC HEARING. Within 50 days following the filing of the map, a public hearing shall be held by the Planning Commission. C. NOTICE. Notice of such hearing shall be mailed -1- 0 1 L_J �J not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. In addition, notice of such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. If any properties included within the radius referred to above are located outside the limits of the City of Newport Beach, then the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located, or to the Orange County Planning Commission in such cases where such properties lie within the unincorporated portion of the County. D. APPROVAL. If the Planning Commission shall deter- mine that the map is in conformity with the requirements of this title, all ordinances of the City, all applicable general or specific plans and if it is satisfied with the plan of subdivision, it shall approve the map and signify its action on the face thereof by appropriate stamp and the signature of the Commission Secretary. E. RECORDING. If the Planning Commission approves the subdivision, the City shall obtain the recordation of the map and shall return the recorded map to the subdivider. F. 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 Commission. Such time limit extension shall be for a period not to exceed ninety days. In the event that the map is not acted upon within the ninety day period, the map shall be deemed disapproved. -2- I • C G. DISAPPROVAL. If the Planning Commission shall determine either that the map is not in conformity with the requirements of this title and all ordinances of the Caty, or that it is not satisfied with the plan of subdivision, it shall disapprove the map specifying its reason or reasons therefor, and the Secretary of the Planning Commission shall in writing advise the subdivider of such disapproval and of the reason or reasons for such disapproval. Within thirty days after the Planning Commission has disapproved any map, the subdivider may file with the Planning Commission a revised map for the consideration of the Commission. H. EXCEPTIONS. The Planning Commission may authorize exceptions to any requirements and regulations set forth in this Title. 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 the grounds for the exception and the facts relied upon by the petitioner. In order for the property referred to in the petition to cane within the provisions of this subsection, it shall be necessary that the Planning Commission shall find the following facts with respect thereto: 1. That there are special circumstances or conditions affecting the property. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is located. In authorizing such exceptions, the Planning Commission shall secure substantially the objectives of the regulation to which the exceptions are granted, as to light, air and the public health, safety, convenience and general welfare. -3- I. ACTION BY COMMISSION FINAL. The action of the Planning Commission in approving or disapproving the map shall become final in 21 days in the absence of any • appeal, or in the absence of review by the City Council, except as provided in Subsection G. No map shall have any force or effect until the same has been approved by the Planning Commission and recorded. J. APPEAL. The following procedure will apply for an appeal: 1. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the City Council by filing a notice of appeal with the City Clerk within 21 days following said action. Said notice of appeal shall be accompanied by a fee of Seventy -Five Dollars (¢75.00). 2. The City Clerk shall set a date for • public hearing and give notice in the same manner prescribed in paragraph C hereof. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission. Upon receiving notice of appeal to the City Council, the Community Development Director shall submit a written report of the Planning Commission proceedings to the City Council, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. 3. The City Council shall render its decision within sixty (60) days after the filing of such appeal. K. RIGHT OF REVIEW BY CITY COUNCIL. The City • Council, on its own motion, adopted by four affirmative votes, may elect to review any decision of the Planning Commission approving a subdivision. The City Council's t • E • S right of review may be exercised at any time prior to the expiration of 21 days from the date on which the Planning Commission renders its decision. In any proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the same manner prescribed in paragraph C hereof. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Community Development Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. L. NONSPECIFIED PROVISIONS. All of the provisions of Title 20 not specifically covered by this Section, and not otherwise inconsistent herewith, shall apply to all sub- divisions of less than five lots." SECTION 3. Section 19.12.070 of the Newport Beach Municipal Code is amended to read: 1119.12.070 Determination and Report by Commission. A. PUBLIC HEARING. The Planning Commission shall determine whether the tentative map is in conformity with the pro- visions of law and of this title, and within 50 days following the filing thereof, shall hold public hearings and shall transmit the map and make a report to the City Council recommending the approval, conditional approval or disapproval of the same and its reasons therefor and shall transmit a copy of the report and a copy of the map to the City Engineer. No approval shall be given to any map which is inconsistent with any applicable general or specific plans,. B. NOTICE. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized -5- assessment roll, or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior • boundaries of the subject property. In addition, notice of such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. If any properties included within the radius referred to above are located outside the limits.of the City of Newport Beach, then the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located, or to the Orange County Planning. Commission in such cases where such properties lie within the unincorporated portion of the County. C. EXTENSION OF TIME. The time limits for acting • on the subdivision map as provided for in paragraph A hereof may be extended upon mutual consent of the subdivider and the Planning Commission. Such time limit extension shall be for a period not to exceed ninety days. In the event that the map is not acted upon within the ninety -day period, the map shall be deemed disapproved. D. ACTION BY CITY COUNCIL. Upon receipt of the Planning Commission's report the City Council shall set the matter for public hearing. The City Clerk shall give notice in the same manner prescribed in paragraph B hereof. The City Council shall consider the tentative map and the report of the Planning Commission and shall approve, condi- tionally approve or disapprove the same. The City Council's action shall be reported to the subdivider and to the • Planning Commission." SECTION 4. Section 19.16.010 of the Newport Beach Municipal Code is amended to read: "19.16.010 Preparation and Filing EM Except as provided • 11 • in Section.19.16.040, and within eighteen months after approval or conditional approval of the tentative.map, the subdivider shall cause the subdivision or any part thereof to be surveyed and a final map thereof prepared in conform- ance with the tentative map as approved or conditionally approved. Twenty copies of the final map shall be filed with the Planning Commission at least twenty -seven days prior to the meeting thereof at which consideration is desired.. One extension of time not to exceed two years, may be granted by the City Council upon recommendation by the Planning Commission, providing written application is made by the subdivider within eighteen months after action on the tentative map." SECTION 5. 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 adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach. held on the day of October , 1973, and was adopted on the 29th day of October ATTEST: FAN M 1973, by the following vote, to wit: CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION DATE ._..NOV 2 1973 ._..�E - Y GL RK OF TN'c CIN OF N ORi B6AC67 AYES, COUNCILMEN: McInnis, Rogers, Croul, Dostal, Kymla, Ryckoff, Store NOES, None ABSENT COUNCILMEN: None -7- DRB:mh 10/2/73