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i <br />E <br />ORDINANCE NO. 940 <br />AN ORDINANCE OF THE CITY <br />OF NEWPORT BEACH <br />AMENDING SECTIONS 9106.23 <br />AND 9106.33 OF THE NEW- <br />PORT BEACH MUNICIPAL <br />CODE RELATING TO PLAN- <br />NING AND ZONING <br />The City Council of the City <br />of Newport Beach does ordain as <br />follows: <br />SECTION 1. Section 9106.23 of <br />the Newport Beach Municipal <br />Code is amended to read: <br />"SECTION 9106.23. Action by <br />Commission. <br />(a) In order to grant any Use <br />Permit the findings of the Plan- <br />ning Commission shall be that <br />the establishment, maintenance <br />or operation of the use or build- <br />ing applied for will not, under <br />the circumstances of the particu- <br />lar case, be detrimental to the <br />health, safety, peace, morals, <br />comfort and general welfare of <br />persons residing or working in <br />the neighborhood of such pro- <br />posed use or be detrimental or <br />injurious to property and im- <br />provements in the neighborhood <br />or to the general welfare of the <br />City. <br />(b) The Planning Commis- <br />sion may designate such condi- <br />tions in connection with the Use <br />Permit as it deems necessary to <br />secure the purposes of this Ar- <br />ticle and may require such <br />guarantees and evidence that <br />such conditions are being or will <br />be complied with. Such condi- <br />tions may include off - street <br />parking requirements w h i c h <br />shall be determined by the Plan- <br />ning Commission in each case <br />and shall be set forth as a con. <br />dition to the granting of the <br />Use Permit for such use. In <br />cases where the Use Permit is <br />refused, the Planning Commis- <br />sion shall state its reasons for <br />such refusal. Use Permits shall <br />not become effective for fifteen <br />(115) days after being granted, <br />and in the event appeal is filed <br />said permit shall not become <br />effective, until a decision is <br />made by the City Council on <br />such appeal." <br />SECTION 2. Section 9106.33 of <br />theme Newport Beach Municipal <br />Code is amended to read: <br />"SECTION 9106.33. Action by <br />Commission. <br />(a) After the conclusion of the <br />public hearing the Planning <br />Commission shall render its de- <br />cision on any variance within <br />thirty -five (35) days following <br />the close of the public hearing. <br />The granting of any variance, <br />when conforming to the provi- <br />sions of this section, is hereby <br />declared to be an administra- <br />tive function, the authority and <br />responsibility for performing <br />which is imposed upon the Plan- <br />ning Commission, and the ac- <br />tion thereon by said Commis- <br />sion shall be final and conclu. <br />sive except in the event of an <br />appeal as hereinafter provided. <br />('b) The Planning Commission <br />may designate such conditions <br />in connection with the variance <br />as it deems necessary to secure <br />the ;purposes of this Article, and <br />may require such guarantees <br />and evidence that such condi- <br />tions are being or will be com- <br />plied with. Such conditions may <br />include of- street parking re- <br />quirements which shall be de. <br />termined by the Planning Com- <br />mission in each case and shall <br />be set forth as a condition to <br />the granting of the variance." <br />SECTION 3. This ordinance <br />shall be published once in the <br />official newspaper of the City, <br />and the same.shall be effective <br />30 days after the date of its <br />adoption. <br />This ordinance was introduced <br />at. a regular meeting of the City <br />Council of the,City of Newport <br />Beach held on the 26th day of <br />September, 1960, and was adopt. <br />ed on the 10th day of October, <br />1960, by the following vote, to <br />wit: <br />AYES, COUNCILMEN: <br />Kingsley, Atkinson, Cook, <br />Stoddard, Hart, Lorenz, Som- <br />ers. <br />NOES, COUNCILMEN: none <br />ABSENT COUNCILMEN: <br />none. <br />JAMES B. STODDARD <br />Mayor <br />ATTEST: <br />MAR'GERY SCHROUDER <br />City Clerk <br />