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HomeMy WebLinkAbout9412 - Special Municipal Election - 11-7-78• RESOLUTION NO. 9412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 7, 1978, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY AN ORDINANCE RELATING TO REQUIRED DEDICATION OF STREETS IN SUBDIVISIONS ON BLUFFS ADJOINING NEWPORT BAY OR THE PACIFIC OCEAN AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE ELECTION TO BE HELD ON SAID DATE WHEREAS, pursuant to authority provided by statute • a petition has been filed with the legislative body of the City of Newport Beach signed by more than 15% of the number of qualified registered voters of the City of Newport Beach submitting a proposed ordinance relating to required dedication of streets in subdivisions on bluffs adjoining Newport Bay or the Pacific Ocean; and WHEREAS, the City Clerk of the City of Newport Beach has duly examined and from the records of registration ascer- tained that the petition is signed by the requisite number of voters, and has so certified; and • WHEREAS, the City Council of the City of Newport Beach has not voted in favor of the adoption of the ordinance; "TO :J WHEREAS, the City Council of the City of Newport Beach is thereupon authorized and directed by statute to submit the ordinance to the qualified voters; and WHEREAS, the legislative body of the City of Newport •A Beach desires to submit to the qualified voters of said City a proposed ordinance relating to required dedication of streets • • in subdivisions on bluffs adjoining Newport Bay or the Pacific Ocean; and WHEREAS, the City Council of the City of Newport Beach is thereupon authorized and directed by statute to submit the ordinance to the qualified voters, NOW, THEREFORE, the.City Council of the City of Newport Beach DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER as follows: SECTION 1. That a special election be held and • the same is hereby called to be held in said City on November 7, 1978, for the purpose of submitting to the qualified voters of said City an ordinance hereinafter set forth relating to required dedication of streets in subdivisions on bluffs adjoining Newport Bay or the Pacific Ocean. SECTION 2. The proposed ordinance submitted to the voters shall be as follows: "AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.90 ENTITLED 'STREET DEDICATION REQUIREMENTS ON BLUFFS ADJOINING NEWPORT BEACH AND /OR THE PACIFIC OCEAN' TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE • The People of the City of Newport Beach DO ORDAIN as follows: SECTION 1. Chapter 20.90 is added to the Newport Beach Municipal Code to read: 'CHAPTER 20.90 STREET DEDICATION REQUIREMENTS ON BLUFFS ADJOINING NEWPORT BAY AND/ OR THE PACIFIC OCEAN -2- Sections: 20.90.010 Finding. 20.90.020 Requirement. 20.90.030 Exceptions. • 20.90.040 Definitions. -2- • 20.90.010 Finding. The People of the City of and /or the Pacific Ocean in order to provide adequate access to Newport Bay and /or the Pacific Ocean, to preserve the integrity of the coastline and its land forms, and to minimize hazards from erosion of the bluffs' edge. 20.90.020 Requirement. Whenever any subdivision • (as defined in the State Subdivision Map Act) of previously unsubdivided land is situated on a bluff that adjoins Newport Bay and /or the Pacific Ocean with or without a road at the foot of the bluff, and is bounded on any side or in any way by that portion of the bluff which adjoins Newport Bay and /or the Pacific Ocean, there shall be dedicated upon and by such map or plat a street along that portion of the bluff which adjoins Newport Bay and /or the Pacific Ocean between all the dwelling units and the edge of the bluff adjoining Newport Bay and /or the Pacific • ocean, and all streets of the subdivision leading to said street from the nearest dedicated- main arterial street. Said street between the dwelling units and the edge of the bluff adjoining Newport Bay and /or the Pacific Ocean shall be situated not less than 25 feet from the waterside edge of undiminished bluff. Local park dedication for the subdivision shall be applied to the land between said street and the waterside bluff edge. • 20.90.030 Exceptions. Exceptions to this Chapter may be granted by a 2/3 majority of the City Council for •-3- Newport Beach hereby find and declare that access to that portion of any subdivision on a bluff adjoining Newport • Bay and /or the Pacific Ocean shall be between the dwelling units and the edge of the bluff adjoining Newport Bay and /or the Pacific Ocean in order to provide adequate access to Newport Bay and /or the Pacific Ocean, to preserve the integrity of the coastline and its land forms, and to minimize hazards from erosion of the bluffs' edge. 20.90.020 Requirement. Whenever any subdivision • (as defined in the State Subdivision Map Act) of previously unsubdivided land is situated on a bluff that adjoins Newport Bay and /or the Pacific Ocean with or without a road at the foot of the bluff, and is bounded on any side or in any way by that portion of the bluff which adjoins Newport Bay and /or the Pacific Ocean, there shall be dedicated upon and by such map or plat a street along that portion of the bluff which adjoins Newport Bay and /or the Pacific Ocean between all the dwelling units and the edge of the bluff adjoining Newport Bay and /or the Pacific • ocean, and all streets of the subdivision leading to said street from the nearest dedicated- main arterial street. Said street between the dwelling units and the edge of the bluff adjoining Newport Bay and /or the Pacific Ocean shall be situated not less than 25 feet from the waterside edge of undiminished bluff. Local park dedication for the subdivision shall be applied to the land between said street and the waterside bluff edge. • 20.90.030 Exceptions. Exceptions to this Chapter may be granted by a 2/3 majority of the City Council for •-3- • any subdivision or portion thereof which is situated on: (1) Any bluff area adjoining Newport Bay and /or the Pacific Ocean whose edge is within 560 feet of Dover Drive, Irvine Avenue, Jamboree • Road and /or the Pacific Coast Highway. (2) Any bluff whose edge adjoining Newport Bay is within .460 feet of a bluff edge adjoining Dover Drive. (3) Any bluff area between East Bluff Park and immediately neighboring subdivision and Newport Bay. (4) Any bluff area adjoining Newport Bay, which is situated between Newport Bay and Mesa Drive. 20.90.040 Definitions. • (1) Bluffs are those land forms with nearly horizontal areas above and below a gradient greater than the natural angle of repose of the last consolidated soil or sediment comprising any part of the bluff or a 450 angle from the horizontal, whichever is less, with a total vertical rise of at least 30 feet from the horizontal plane at the base of the bluff. (2) Undiminished bluff is one whose vertical rise above the base of the bluff has not been - reduced.'" SECTION 3. That the polls for said election shall be opened at seven o'clock a.m. of the day of said election and shall remain open continuously from said time until eight • o'clock p.m. of the same day, when said polls shall be closed, • except as provided in Section 14301 of the Elections Code of the State of California. SECTION 4. That on the ballots to be used at said special election, in addition to any other matters required by law, there shall be printed substantially the following: -4- • �T • • is Shall the City of Newport Beach adopt an ordinance submitted as an initiative measure entitled AN ORDINANCE REQUIRING DEDICATION OF STREETS IN SUBDIVISIONS) ON BLUFF(S) ADJOIN- YES ING NEWPORT BAY AND /OR PACIFIC OCEAN; said ordinance containing a general requirement that whenever any subdivision of previously unsub- divided land is situated on a bluff that adjoins Newport Bay and /or the Pacific Ocean, there shall be a public street dedicated (including all access streets thereto) to be located between the development and not less than 25 feet from the NO edge of undiminished bluff with local park dedi- cation requirements applied to that area? SECTION 5. That a cross ( +) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition. A cross ( +) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition. SECTION 6. That the special election hereby called for the date hereinbefore specified shall be and is hereby ordered consolidated with the statewide election to be held on said date, and within said City the precincts, polling places and officers of election for the special municipal election hereby called shall be the same as those provided for said statewide election. The Board of Supervisors of Orange County is hereby requested to order the consolidation of the special municipal election hereby called with said statewide election, and the Registrar of Voters is hereby authorized to canvass the returns of said special municipal election, and said elections shall be held in all respects as if there were only one election, and only one form of ballot, namely, the ballots used at said election shall be used. Said Registrar of Voters shall certify the results of the canvass of the returns of said special municipal election to the City Council of said City which shall thereafter declare the results thereof. A proposition submitted by this resolution -5- • shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10219 of the Elections Code. • SECTION 7. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the • passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the u records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. SECTION 9. That this resolution shall take effect immediately. ADOPTED this loth day of August 1978. Mayor ATTEST: City Clerk ERTIfIED A THE ORIGINAL DDO /kb 8/1jV78 CITY CLERK OF THE CITY Of NENN BEAaJ AUG 17 1978 DATE, -..--.—,......- .......... ...........--- -- .- ..- ..........