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ORDINANCE NO. 940
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH
AMENDING SECTIONS 9106.23
AND 9106.33 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 9106.23 of
the Newport Beach Municipal
Code is amended to read:
"SECTION 9106.23. Action by
Commission.
(a) In order to grant any Use
Permit the findings of the Plan-
ning Commission shall be that
the establishment, maintenance
or operation of the use or build-
ing applied for will not, under
the circumstances of the particu-
lar case, be detrimental to the
health, safety, peace, morals,
comfort and general welfare of
persons residing or working in
the neighborhood of such pro-
posed use or be detrimental or
injurious to property and im-
provements in the neighborhood
or to the general welfare of the
City.
(b) The Planning Commis-
sion may designate such condi-
tions in connection with the Use
Permit as it deems necessary to
secure the purposes of this Ar-
ticle and may require such
guarantees and evidence that
such conditions are being or will
be complied with. Such condi-
tions may include off - street
parking requirements w h i c h
shall be determined by the Plan-
ning Commission in each case
and shall be set forth as a con.
dition to the granting of the
Use Permit for such use. In
cases where the Use Permit is
refused, the Planning Commis-
sion shall state its reasons for
such refusal. Use Permits shall
not become effective for fifteen
(115) days after being granted,
and in the event appeal is filed
said permit shall not become
effective, until a decision is
made by the City Council on
such appeal."
SECTION 2. Section 9106.33 of
theme Newport Beach Municipal
Code is amended to read:
"SECTION 9106.33. Action by
Commission.
(a) After the conclusion of the
public hearing the Planning
Commission shall render its de-
cision on any variance within
thirty -five (35) days following
the close of the public hearing.
The granting of any variance,
when conforming to the provi-
sions of this section, is hereby
declared to be an administra-
tive function, the authority and
responsibility for performing
which is imposed upon the Plan-
ning Commission, and the ac-
tion thereon by said Commis-
sion shall be final and conclu.
sive except in the event of an
appeal as hereinafter provided.
('b) The Planning Commission
may designate such conditions
in connection with the variance
as it deems necessary to secure
the ;purposes of this Article, and
may require such guarantees
and evidence that such condi-
tions are being or will be com-
plied with. Such conditions may
include of- street parking re-
quirements which shall be de.
termined by the Planning Com-
mission in each case and shall
be set forth as a condition to
the granting of the variance."
SECTION 3. 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 26th day of
September, 1960, and was adopt.
ed on the 10th day of October,
1960, by the following vote, to
wit:
AYES, COUNCILMEN:
Kingsley, Atkinson, Cook,
Stoddard, Hart, Lorenz, Som-
ers.
NOES, COUNCILMEN: none
ABSENT COUNCILMEN:
none.
JAMES B. STODDARD
Mayor
ATTEST:
MAR'GERY SCHROUDER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according to the records
of the City of Newport Beach filed and maintained in my office,
the foregoing Ordinance
No, 940
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 10th day of October , 19 60 by the following
vote, to wit:
AYES, COUNCILMEN: Kingsley, Atkinson, Cook, Stoddard, Hart,
NOES, COUNCILMEN:
ABSENT, COUNCILMEN:
Dated this 3d
�r
01
Lorenz, Somers
None
None
day of
November
2 19 60
C ty Clerk and x-Ofgicio C %rcI of tTe—
City Council, Cfty of Newport Beach,
State of California,