HomeMy WebLinkAbout901 - Planning & ZoningAFFIDAVIT OF PUBLICATION'
STATE OF CALIFORNIA,'
*County of Orange,
..........................13En1 _ .EDDI.�K..................... -- ....................
of the said County, being duly sworn, deposes
and says: THAT ........... he is and at all times here
mentioned was a citizen 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 -wit:
.... ..sZ_'c2-i1.112,ry ... 19------------------------------------------------------------------------------
all in the year 196.0
......................... - - -- J ----------------
.._ . ......... ................. .. ........ .. Vt/ - .".............--- ... --- - -- --
*Printer Foreman of the Printer or Principal
Clerk of the Printer
Subscribed and Sworn to before me this
jday of ....F.ebr/vaxy , 1960---- -
Hobert F. Uil .men
_(SEAL) Notary Public in and for said County
and State.
My _ Commission Expires
^:oneaiocr...? 6--- ------------------------- - - - - -- 19 ..... 63. - - --
553
This space is for the County Clerk's Filing Stamp
Affidavit of Pub ica
ORDINANCE NO. 901
O
AN ORDINANCE F THE
CITY OF NEWPORT BEACH
AMENDING AND ADDING
CERTAIN SECTIONS TO
ARTICLE IX OF THE NEW-
PORT BEACH MUNICIPAL
CODE RELATING TO PLAN-
NING AND ZONING.
The City Council of the City
of Newport Beach does ordain
as follows:
SECTION 1: Section 9102.3 is
added to the Newport Beach
Municipal Code to read:
"SECTION 9102.3. Any
district adjoining any right-
, of -way extends to the center
of such right-of-way."
SECTION 2: Section 9103.13
Of the Newport Beach Muriel-
pal Code is amended to read:
"SECTION 9103.13. Build -
Ing Site Area and Lot
Width Required:
(a) For each dwelling ---
minimum of five thousand
(5,000) square feet and min-
imum width of fifty (50)
feet on interior lots, mini-
mum of six thousand
(6,000) square feet and min-
imum width of sixty (60)
feet on corner lots. In no
case shall there be more
than one (1) single family
dwelling on any one (1)
building site. (See Section
9105.3 for exceptions.)"
SECTION 3: Section 9103.23
of the Newport Beach Munici-
pal Code is amended to read-
"SECTION 9103.23. Build -
ing Site Area and Lot Width
Required:
(a) For each two (2)
dwellings or one duplex —
minimum of five thousand
(5,000) square feet and min -
imum width of fifty (50)
feet on interior lots, mini-
mum of six thouslnd (6,000)
square feet and minimum
width of sixty (60) feet on
corner lots. In no case shall
there be more than two (2)'
single family dwellings or
one duplex on any one (1)
building site. (See Section
9105.3 for exceptions.)
(b) For each family unit
in any building -- minimum
of one thousand (1,000)
square feet of land area."
SECTION 4: Section 9103.35
of the Newport Beach Municipal
Code is amended to read:
"SECTION 9103.35. Build-
ing Site Area Required:
(a) For each building or
group of buildings — mini-
mum of five thousand
(5,000) square feet and min-
imum width of fifty (50)
feet on interior lots, mini-
mum o£, six thousand
(6,000) square feet and mini-
mum width of sixty (60)
feet on corner lots.
(b) For each family unit
in any building or group of
buildings — minimum of
twelve hundred (1200) square
feet of land area."
SECTION 5: Section 9103.51
of the Newport Beach Municipal
Code is amended tp read: ---
"SECTION 9103.51. Uses
Permitted:
(a) Professional offices,
community centers, social
halls, lodges and clubs.
(b) Retail stores and per-
sonal service establishments
within a building, including
appliance stores, bakeries
(not wholesale),, banks, bar-
ber shops, beauty parlors,
book stores, department
stores, drug stores, fold
shops, hardware stores, nur-
series, offices, radio stores,
gasoline service stations,
restaurants, antique shops,
shoe shops; studios, tailor
shops, and other uses which
in the opinion of the Plan -
ning Commission are of a
similar nature.
(c) Signs appurtenant to
any permitted use."
SECTION 6: Section 9103.52
of the Newport Beach Municipal
Cede is amended to read: 1
"SECTION 9103.52. Uses
permitted, subject to first
securing a Use Permit in
each case:
(a) Animal hospitals, auto
sales and repair shops, boat
sales, marine service sta-
tions, cleaning estahlish-
ments, laundries, launder-
ettes, mortuaries, outdoor
markets, wholesale stores,
outdoor sales establish-
ments, pet shops, public
garages, trailer courts, thea-
tres, used car sales lots and
other uses which in the opin-
ion of the Planning Commis-
sion are of a similar nature.
(b) Handicraft enterpris-
es, including the manufac-
turing and repair of house-
hold furnishings, clothing,
ceramics, novelties and toys,
and uses which in the opin-
ion of the Planning Com-
mission are of a similar na-
ture.
(c) Hotels, motels, board-
ing houses and residential
uses.
(d) Signs, other than
those appurtenant to any
permitted use, i n c l u d i n g
billboards."
SECTION 7: Section 9103.55
of the Newport Beach Municipal
Code is amended to read:
"SECTION 9103.55. Yards
Required:
(a) Front yards: None,
except where the frontage
in a block is partially in an
'R' District, in which case
the front yard . shall. be the
s
as -required ih such
'R' "District,
•
Ib) Side yards: None, ex-
cept where the side of a lot
abuts upon the side of a lot
in an 'R' District, in which
case the side yard shall be
not leas than three (3) feet.
(c) Rear yards: None, ex-
cept where the rear of a
lot abuts on an 'R' District,
in which case the rear yard
shall be not less than three
(3) feet.
(d) Rear yards abutting
alleys: Minimum ten (10)
feet.
(e) Yard requirements for
residential uses shall be es-
tablished by use permit pro-
cedure,"
SECTION 8: Section 9103.61
of the Newport Beach Municipal
Code is amended to, read:
"SECTION 9103.61. Uses
Permitted:
(a) Professional offices,
community centers, social
halls and clubs.
(b) Wholesale stores and
storage within a building,
wholesale bakeries.
(c) The following uses
When conducted within a
building or enclosed by a
solid board or masonry
fence at least six (61 feet in
height in each case: Cream-
eries, bottling works, build-
ing material yards, con-
tractors yards; feed and fuel
yards, including machine
shops, storage ' of - goods and
materials and other uses
which in the opinion of the
Planning Commission are of
a similar nature.
(dl Signs appurtenant to
any permitted use."
SECTION 9: Section, gI03.6
of the Newport Beach Municipa
Code is amended to read:
"SECTION 9103.62. Uses
permitted, subject to first
securing a Use Permit in
each case:
(a) Lumber yards, light
manufacturing, i n c l u d i n g
manufacture and repair of
boats, clothing, novelties and
toys, and pses which in the
Opinion of the Planning
Commission are of a similar
nature.
(b) Hotels, motels, resi-
dential uses and trailer
courts.
(c) Signs, other than
those appurtenant to any
permitted use."
SECTION 10: Section 9103.6
of the Newport Beach Municip
Code. is amended to read:
"SECTION 9103.65. Yards
required:
(a) Front yards: None,
except where the frontage
in a block is partially in an
'R' District, in which case
the front yard shall be the
same as required in such 'R'
Dis bract.
(b) Side yards: None, ex-
cept where the side of a lot
abults upon the ,side of a
lot' in an 'R' District, in
Which case the side yard
shalfi be not less than three
(3) feet.
(rcp Rear yards: None, ex-
cept. where the rear of a lot
abutW on an 'R' District, in
whiulr case the rear yard
shalt be not less than three
(3) ,feet.
I# Rear yards abutting
on rallcys: Minimum ten
(10) -feet.
(eV Yard requirements for
residlential uses shall be es-
P tabli:shed by use perms
procnciure."
SEC:P.ION 11: Section 9103
of the Newport Beach Municl
Code isl amended to read:
"S'E�pION 9103.75. Yards
Required:
)all Front yards: None,
except: where the frontage
in a olock is partially in an
'R' District, in which case
the fount yard shall be the
same as required in such
'R' District.
(b) Side yards: None, ex-
cept where the side of a lot
abuts (upon the side of a lot
in an 'R' District, in which
case tore side yard shall be
not lees than five (5) feet.
(c) (Rear yards: None, ex-
cept Where the rear of a lot
abuts An an 'R' District, in
which case the rear yard
shall lde not less than three
(3) filet.
(d) Rear yards abutting
j on RUcys: Minimum ten
(10) fbet.
(e) Yard requirements
for residential uses shall be
establithed by, use permit
procedure."
SECTION 12: Section 9103.91
of the Ntawport Beach Municipal
Code is amended to read:
"SEC„"I'ION 9103.91• Uses
Permitted:
Admi ristrative and pro-
fessional) offices, accessory
to uses{ permitted in this
districtq residences for
watcmgCn or custodians em-
ployed on site; employees
cafeterims or auditoriums;
researc@ laboratories and In-
stitutes; electrical and elec-
tronic products and instru-
ments ,pnanufacturingt car -
t o g r a� h y: bookbinding,
1 printin and lithography;
y fabrics on of plastic prod-
! nets; s do r a g e warehouse,
�. exclud!rW inflammable ma-
terials and truck terminals;
editorial; and designing;
2 signs appurtenant to any
1 permitteld use located on
property( of use."
SECTION 13. Section � +9104.21
of the Newport Beach Municipal
Code is amended to read:
"SEC771ON 9104.21. Uses
Permitteld:
All uses permitted in the
respective districts with
which the ' -H' District is
combined, subject to appro-
val as to{ design of buildings
and destgp and location of
parking lot, provided how-
ever as :follows:
(a) 01£f- street parking, on
the building site, or, with
City Council approval upon
recommendations of the
Planning' Commission, on a
5' separate Pot from the build -
a1 ing site (lr sites, shall be re-
quired let all districts with
which the ' -H' District Is
combined according to the
following) formula:
(1) Retail Stores — 1
parking, space for each
250 aq4 ft-' and 1 loading
space for each 10,000 sq.
ft. of store floor area.
'f2) Office Buildings -1
parking` space for each
250 sq. ft. of floor area.
(3) Wholesale and In-
dustry -- 1 parking space
for eatflr 2000 sq. ft, of
gross floor area and I
loading space for each
10,000 'sq. ft. of gross
floor area, but in no event
shall thiere be less than 10
parking! spaces for each
such esitablishment.
(4) Restaurants — 1
parking' space for each 3
seats.
(5) Public Assembly --
1 parki:elg space for each
5 seats.
t (6) Theatres — 1. park-
ing spate for each 5 seats.
•75 (7) Hbtels — 1 parking
pal space flor each 2 guest
rooms.
181 Hospitals —1 park -
ing apace for each bed,
and in Addition 1 parking
space fbr each resident
doctor and I for each
employee.
(9) C111nics — 1 parking
Space for each 250 sq. ft.
of floor•q.rea. plus 1 addi-
tional sliace for each doc-
tor and 1 for each em-
ployee.
(10) DKotels — 1 park-
a ing space for each guest
unit.
(b) Thel Planning Com-
mission shall not recom-
mend and the City Council
Shall not approve off - street
parking out a separate 'lot
from the building site or
sites unlesar
(1) Sur$ lot is so locat-
ed as to 16re useful in con-
nection wdith the proposed
use. or uses on the build-
ing site tar sites;
(2) Paid3ing on such lot
will not create undue
traffic liazards in the
surroundi rig area;
(at So1-h lot atyd 1ha
buiding site are in the
same ownership, or the
owners of the building
sites have a common
ownership in such lot, and
the owner or owners ' are
entitled to the immediate
possession and use there-
of ( ownersh)p of the off -
site lot must be ownership
in fee or a leasehold in-
terest of a duration si e-
quate to serve all propos-
ed uses on the building
site or sites); and
(4) The owner or own-
ers and the City upon the
approval of the City
Council execute a written
instrument or instru-
ments, approved as to
form and content by the
City Attorney, providing
for the maintenance of
the requirIi off-street
parking on such lot for
the duration of the pro-
posed use or uses on the
building site or sites.
Should a change in use or
additional use be propos-
ed, the off - street parking
regulations applicable at
the time shall apply. Such
instruments shall be re-
corded in the office of the
County Recorder and cop-
ies thereof filed with the
Building Department and
Planning Department."
SECTION 14: The first para-
graph of Chapter 5, Article IX,
of the Newport Beach Municipal
Code is numbered Section 9105
and amended to read:
"SECTION 9105. All sec-
tions of this Article shall be
subject to the following gen-
eral provisions and excep-
tions:"
SECTION 15: Section 9105.1
of the Newport Beach Municipal
Code is amended to read:
"SECTION 9105.1. Uses:
(a) No circus, carnival,
amusement park, fun zone,
open air theatre, race track,
private recreation center, or
other similar establishment,
shall be established in any
district unless and until a
Use Permit is first secured
for the establishment, main-
tenance and operation of
such use.
(b) No dance hall, road
house, 'night club, commer-
cial club, or any establish-
ment where liquor Is
served, or commercial
place of amusement or rec-
reation or any such place
or any other place, where
entertainers -- are provided,
Whether as social compan-
ions or otherwise, shall be
established in any district
closer than two hundred
(200)., feet to the boundary
of any dwelling district, un-
less a Use Permit shall first
have been secured for the
establishment, maintenance
and operation of such use.
(c) Accessory uses and
buildings in any 'C' or 'M'
District are permitted where ,
such uses or buildings are
incidental to and do not al-
ter the character of the pre-
mises in respect to their use
for purposes permitted in
the district. Such accessory
buildings shall be allowed
only when constructed con-
current with or subsequent
to the main building.
(d) Accessory uses nor-
mally a part of any use per-
mitted in any 'R' District
may be permitted. This shall
not be construed as permit-
ting any commercial use in
any 'R' District unless such
is specified in the regulations
for the district, nor shall
this be deemed to allow the
manufacturing -or process-
ing of any substance or
commodity for profit or
the storage of vehicles.
equipment or materials used
In the conduct of any retail
or, wholesale businese.
(e) Public or no fee pri-
vate parking lots for auto-
mobiles may be permitted in
any TV District adjacent to
any 'C' or 'M' District, sub-
ject to first securing e. Use
Permit in each rase.
(f) Churches, schools•
hospitals, parks Still play-
grounds, yacht dubs. ceme-
teries (minimum area twen-
ty (J0) acres), mausoleums,
crematories, public utility,
public and quasi - public
buildings, and municipally
operated parking lots may
be permitted in any district,
subject to first securing a
Use Permit in each case.
(g) The removal of earth-
en materials may be per-
mitted in any district, sub-
ject to first securing a Use
Permit in each case. (No
permit required for normal
grading or landscaping on
lots of record.)
(h) The Planning Director
may approve femporary
signs to advertise a subdi-
vision and temporary tract
or real estate offices for
sales in new subdivisions for
R period not to exceed one
(1) year following the date
of approval of the final
map.
The Planning Direntor
may approve temporary
structures for the housing
of tools and equipment or
supervisory offices for a pe-
riod not to exceed one (1)
year in connection with ma-
jor construction during the
progress of such construc-
tion.
The Planning Director
may approve an extension
of periods of time specified
In this subsection."
SECTION 16: Section 91M-21
•
0
Twentv -five Dollars 1$35.001
if a public hearing_, is deem-
ed necessary by the Plan-
ning Commission, or Fifteen
Dollars ($15.00) if no pub -
lie hearing is required."
SECTION 17; Section 9106.22
of the Newport Beach Municipal
Code is amended to read:
"SECTION 9106.22. Pub-
lic Hearings.
(a 1 No public hearing
need be held thereon, pro-
vided that the Planning
Commission may hold any
hearings as it deems neces-
sary.
(b) When a public heating
is deemed necessary, notice
of such hearing shall be giv-
en by publication in the of-
ficial newspaper of the City
and by posting said notice
in not less than two (2)
conspicuous places on or
close to the property at
least ten (10) days prior to
the hearing or by mailing
said notice, postage prepaid,
at least five (5) days prior
to the hearing to all prop-
erty owners whose names
and addresses appear on the
latest adopted tax roll as
owning property within a
distance of three hundred
(300) feet from the exterior
boundaries of applicant's
property."
SECTION 18: Section 9106.24
of the Newport Beach Municipal
Code is amended to read:
"SECTION 9106.24. Ap-
peal.
(a) In can the applicant
or any other person, firm or
corporation is not satisfied
with the action of the Plan-
ning Commission, he may
within fifteen (15) days ap-
peal in writing to the City
Council.
(b) The City Council
shall set date for public
hearing and give notice as
required in Section 9106.22
(b). 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 reasons for action taken
by the Commission, or shall
be represented at the hear-
ing.
(c) The City Council shall
tender its decision within
sixty (60) days after the
filing of such appeal."
SECTION 19: Section 9106.31
of the Newport Beach Municipal
Code is amended to read:
"SECTION 9106.31. Ap-
plication.
(a) Application for a var-
lance shall be made in writ-
ing on a form prescribed by
the Planning Commission
and shall be accompanied
by a filing fee of Fifty Dol.
lars ($50.00) if a public
hearing is deemed necessary
by the Planning Director, or
Fifteen, Dollars ($15.00) if
no public hearing is requir-
ed.
The application shall, in
addition, be accompanied by
a statement, plans and evi-
dence showing:
(1) That there are ex.
ceptional or extraordinary
circumstances applying to
the land, building or use
referred to in the applica-
tion, which circumstances
or conditions do not apply
generally to land, build-
ings and /or uses In the
same district.
(2) That the granting
of the application is nec-
essary for the preserva-
tion and enjoyment of
substantial propertyrights
of the applicant-
(3) That the granting of
such application will not,
under the circumstances of
the particular case, ma-
terially affect adversely
the health or safety of
persons residing or work-
ing in the neighborhood
of the property of the
applicant and will not un-
der the circumstances of
the particular case be ma-
terially detrimental to the
public welfare or injur-
ious to property or im-
provements in said neigh-
borhood."
SECTION 20: Section 9106.32
of the Newport Beach Municipal
Code is amended to read:
"SECTION 9106.32. Pub-
lic Hearings.
(a) A public hearing shall
be held within sixty (60)
days after filing of the ap-
plication, notice of which
shall be given by publication
in the official newspaper of
the City and by posting
said notice in not less than
two (2). conspicuous places
on or close to the property
at least ten. (10) days prior
to the hearing or by mail -
ing said notice, postage pre-
! paid, at least five (5) days
prior to the hearing to all
property o w n e r a whose
names and addresses appear
on the latest adopted tax
tell as owning property
within a. distance of three
.hundred (300) feet from the
I exterior boundaries of appli-
cant's property; provided,
however, that public hear-
ings need not be held on ap-
plications seeking deviations
fromayard requirements per -
mitting a building or struc-
ture to extend into or occupy
a required side, rear or
front yard, court or other
open space a distance not
exceeding 10% of the width
or depth thereof or from
regulations establishing the
location of accessory build-
ings unless a hearing is
deemed necessary by the
Planning Director."
SECTION 21: Section 9106.34
of the Newport Beach Municipal
Code is amended to read:
"SECTION 9106.34. Ap-
peal.
(a) 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 fifteen (15) days ap-
peal m writing to the City
Council.
(b) The City Council shall
get date for public hearirg
and give notice as required
in Section 9106.32(a). No-
tice shall also be given to
the Planning Commission of
such appeal and the Plan-
ning Commission shall sub-
mit a report to the City
Council setting forth the
reasons for action taken by
the Commission, or shall be
represented at the hearing.
(c) The City Council shall
render its decision within
sixty (60) days after the
filing of such appeal."
SECTION 22: Section 9106.35
of the Newport Beach Municipal
Code is amended to read:
"SECTION 9106.35. Ap-
peals.
. (a) The Planning Com-
mission shall have the pow-
er to hear and decide ap-
peals based on the enforce- I
ment or interpretation of
the provisions of this Ar-
ticle.
(b) In case an applicant
is not satisfied with the
action of the Planning
Commission on his appeal,
he may within fifteen (15)
days appeal in writing to
the City Council.
(c) Notice shall be given i
to the Planning Commis-
sion of Such appeal and the
Planning Commission shall
submit a report to the City
Council netting forth the
reasons for action taken by
the Commission or shall be
represented at the Council
meeting at the time the
matter is heard.
(d) The City Council shall
render its decision within
thirty (30) days after the
filing of such appeal."
SECTION 23:. This ordinance
shall be published once in the
Newport Harbor News Press, a
newspaper of general circula-
tion, printed and published in
the City of Newport Beach, and
the same shall be effective 30
days after the date of its adop-
tion.
This ordinance was introduced
at a regular meeting of the City
Council of the City of Newport
Beach held on the 23rd day of
November, 1959, and was adopt-
ed on the 28th day of Decem-
ber, 1959, by the following vote,
to wit:
AYES, COUNCILMEN: King-
sley, Atkinson, Higb(e, Stod-
dard, Hart, Somers.
NOES, COUNCILMEN: None.
ABSENT COUNCILMEN:
Lorenz.
ATTEST:
Margery Schrouder
City Clerk
TAMES B. STODDARD
Mayor
No. 553 News Press
0
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
P4argery Schrouder City Clerk of the City of Newport
------- -
............ -----
Beach, California, do hereby certify that the foregoing Ordinance
Y Y 9 9 ------------n n -
No------ _90.--------------- - - - - -- -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 ----- 2��h - - - -- -.day, of---------- .IDecember 5�
19 -----
by the following vote:
AYES: COUNCILMEN
Kingsley, Atkinson, Higbie, Stoddard, hart,
.................................... ...........................................................................
. None
NOES: COUNCILMEN-------- ---- - - - -
•
Lorenz
ABSENT: COUNCILMEN .----- -- -- - - ........... - - -
Dated this..... 2d .............day of
............ February - 19-
NB 130 -500 12/56
City Clem and Ex- fficio . Clerk of the City Council,
City of Newp Beach, State of California