HomeMy WebLinkAbout1059 - Use Permits Variances & Appeals_ LEGAL NOTICE
ORDINANCE NO. 1059
AN ORbINANCE OF THE CITY OF
NEWPORT BEACH RENUMBERING STATE OF CALIFORNIA )
t AND AMENDING CERTAIN SEC-
TIONS OF, AND ADDING CERTAIN ) SS.
SECTIONS TD, ARTICLE IIP OF THE
NEWPORT
BEACH MUNICIPAL CODE
RELATING TO
USE PERMITS, VAR- COUNTY OF ORANGE )
IANCES AND APPEALS
The City Council of the City of New -
'Part Beach does ortlaln As follows:
SECTION I. Section 9106.21 of the
Newport Beach Municipal Code is
amended to read:
"SECTION 9106.21. Application. i�
(a) Applications for Use Permit 1 upyineska being first
sM1all b¢ Illetl in the office of the __.-...-...-..--..-...------------------- .._..- ______._y
Planning Department in writing on l , ------- __—m.p_
• forms prescribed by the Commission I
and shall be accompanied by a fee of
Thirty Dollars (53800) And by plans duly sworn and on oath, depose and say that I am
end elevations necessary to show the
detail 0 the Proposed bi jldino er
a(b the Advertising Director of the
Ibl Application for a Use Permit _.-,---_-----_--_--_--- _-------- ____... ...---- .------ _--- — --- - _. - -. - -.
may a made M the owner, lessee,
Af cted. Of the gyner of the be far.
atr¢dQtl. Said application shall be sigry
ad by the record owner or the lessee, Newport Harbor News Press -DAILY PILOT, a news -
or may be signed by an agent of the
owner if written author7xerion from the
record owner is filed with the appri-
cario ^" paper of general circulation in the City of Newport
SECTION 2. Section 91069] is added
to the Newport Beach Municipal Code
to read:
SECTION 97 °692. Dalegario^ of AP- Beach, County of Orange, State of California, and
thorny to Planning Director.
(e) The Planning Commis37on may
delegate to the Planning Director an City Ordinance Number 10$9
thorny to act on any specific class that .. - -._
o Use Permit. Such delegation Formal
of
authority shall be made . formal
ano Shal of the Planning Commiasion
and shall be subject
ncil. T confirmation
by the C71Y Council. The Withdrawal ._..__...._____..__.__-_..-_._.-__..__.--..._._ --------- _._...--...... _...- _.- . ---------- _------------
Of the authority so delegated to the
Planning Director may be accomplISh-
so in the same manner a, the author- of which the copy printed hereon is a true and com-
1tY was orl9lnally gelegated or by
formal resolution of the City Council
alone.
ccr The Planning decline Director may In his plate copy, was printed and published in the regu-
tlixretion tlecllne fo act or any aeplica-
,Inn for a Use Permit over WEich he
has been prented jurisdiction and J
may refer the aoplleetion to the Plan- lar Issue (s) of said newspaper on
nine Commission for its decision.t
SECTION Roach Section' 91l C of the
Nmende by Ordinance 111 a, September 30 196 ._.
amended by Section , a. 901 a re- _ !_, - - -�
1. read:
atl Section 9706. i5, aM mended -"'--'"'"-'"--"'"""---""""-"-"-"--""-""-""-"--""'-"-------
q reed:
SECTION 9706,2h Public Hearings.
.Ic nNo e public hearings g need be held
in connection with 1h --"-'--- --- ---
e grant or denial
Of vid application tht th for a Use Permit;
$ran a that the Planning old such 30t
abl May In their tli,trmmn m 9gtM1 Subscribed and sworn to before me this Y.11..- .......
Public hearings as they -'-"' -"---'
able. `deem ativis-
(b) When a public hearing is deem
snail biable, notice Pt wch hearing day o{ eft embed _________._________.________ -� 196 ----- ...-
given by Publication "' " ""
he
official newspaper of the City and by /
hen,! 2 .,aid cosies In n01 less than
to the n ,the tv at least fen (10) pave - .--- . - - -_.. .e.- .- ...._..... - -._.. - .....- -._
S,nd, �'rp the hearing_ a by mailing NO ry P lic in and Or t1yB County _
said (3)da, pPrior thejlei, at least
a l �v (6l rays A m sa names d of ran ,State of California
�i�pperty �wrw<Weaa games and
nfipear on the latest 7thpred -
Uz roll as owning hundred within -
f"Ill'ce of three hundred (?00) feat _
from tba ezterior houndaries of appli-
n:nt'a property. JQ�APH. E. DAVIS
My Commission expires �Y_Compusslun Expires June, st
21, 1
STATE OF CALIFORNIA
COUNTY OF ORANGE )SS-
CITY OF NEWPORT BEACH )
I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that
the foregoing --------------- OX:jJ14A4PQ ---------------------------------------------------------
No. . - - 1059- - - - 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 ..23d- ------- day, of -• 25@ pten} bex ------------------------------- 19 63 - - --
by the following vote:
AYES: COUNCILMEN ,-- Stoddard, -- Gruber,_ - Cook,- Hart,- Lorenzf Marshall, Elder
NOES: COUNCILMEN . - - - - -- None
-`= ---------•-- ------- ---- -•--•-----------•--- ... -- - --
ABSENT: COUNCILMEN - XRne ........................
Dated this ----- 4d. - - -. day of ---- ...Octobe3 63
d 1 /9
-
CHI Cle of the ity of Newport Beach, state of California
(C) Urnn the Jate ref for a Puhllcr
hearine befurc the Planning CommisII
sion or an appeal before the City
Council. the Planning Commission or
the City Council may continue the
hearing to another date without giving
further notice thereof if the date of
the continued hearing Is announced In
open meeting."
SECTION 4. Section 9106.93 of the
Newport Beach Municipal Cede As
amended by Ordinance No. 940 is renum.
bered Section 9106.44 and amended to
read:
"SECTION 9106.94. Action by Pled.
nine Commission. Planning Citation
or City Council.
(a) In order to grant any Use Par -
mit. the Planning Commission. the
Planning Director. or the City Council'
In acting on appeals. shall find that
the establishment. maintenance or op-
eratimi of the use or but laing applied
r tnr will not. under the circumstances
If the particular, case. be detrimental)
to the health. safety. peace. morals.
comfort and general welfare of per-
sons residing or working in the Poiglh-
borhaod of such Proposed use or M
detrimental or inturl.ts to property
and Improvements in the nelghbor-
he" or the general welfare of the
city.
to) The Planning Commission. Plan-
ning Director or the city Council In
acting on appeals. may Impose such
conditions in connection with the grant-
lug of a Use Permit as they deem
necessary to secure the purposes at
this Article and may require guarm-
tees and evidence that such cartel.
tons are being or will be Compiled
with. Such conditions may Include
requirements for off-street parking fa
ciiltios as determined In each case. In
the event of an appeal to the City
Council from a decision of the Plan-
ning Commission or the Planning Of.
rector granting or denying a Use Per-
mit. the Planning Commissi0n or the
Planning Director shall file wild the
City Council prior to the hearing of
in,, appeal Written fintlings setting
'oral the reasons for the decision.
(c) After the conclusion of the hear -
Ina on any application for a Use Per-
mit. the Planning Commission or the
Planning Director shall render a us.
Ck.lon within thirty -Nee (35) days.
Use Permits shall not become effec-
Gve for fifteen I15) days after being
granted. and In the event an appeal
Is flied said permit shall not become
effective unless and until A derision
granting said Use Permit is made by
the City Council on such appeal. The
granting of any Use Permit. when
conforming to the prov lstons of this
Chapter. is hereby declared to be nn
administrative function. the authority
and responsibility for performing which
is .imposed upon the Planning Com-
mission and the Planning Director antl
the action thereon by said Planning
Commission or Planning Director shall
be final and conclusive except In the l
event of an appeal as hereinafter Pro -
vided :'
SECTION 5. Section 9106.94 of the New-
. Port Beach Municipal Code as amended
by Ordinance No. 901 Is renumbered Sec
ton 9106.95 and amended to read:
"Section 9106.95. Appeal — Use
Permits.
(a) In case the applicant or any
other Person. firm or corporation Is
not satisfied with the action of the
Planning Commission or the Planning
Director. he may appeal In writing
to the City Council by filing a notice)
of appeal with the City Clerk vvihin
fifteen (15) days following sold action, I
(b) The City Clerk shall set a date
for public hearing and give Police
in the manner Prescribed in Section
9106.93 W. The City Clerk shall rally
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 Com-
mission or the Planning Director If the
• appeal is from a decision of the Plan.
' sing Director. Upon receiving notice
of an appeal to the City Council. the
written findings M the Planning Corn-
mission or the Planning Director shall
be submitted to the City Council. to
Rather with all maps. letters. exhibits.
asp other documentary evidence cam
sidered by the Planning Commission
or the Planning Director in reaching a
decision.
(c) The City Council shall render Its
decision within sixty (60) days after
the filing of such appeal :'
SECTION 6. Section 910635 of the
Newport Beach M u n I c I p a l Cade as
amended by Ordinance No. 635 Is re-
numbered Section 9106.96 and amended
to read:
"SECTION 9106.96. Effect.
No building or zoning Permit or car.
fificate of occupancy shall be issued
In any case where a Use Permit is
required by the terms of this Article
unless and until such Use Permit has
been aranfed by the Planning Cam.
missldn or Planning Director or by the
affirmative vote of the City Council
on appeal and then only in accord.
ance with the terms and conditions
'of the Use Permit granted."
SECTION I. Section 9106.31 of the.
i Newport Beach M u n t c I P a I Coda is
amended to read:
"SECTION 9106.31. Application.
(a) Applications for variances shall
be made in writing and filed in the
office of the Planning Department on
forms Prescribed by the commission
and shall be accompanied by a filing
fee of Fifty Dollars ($50.00) if a pub
lic hearing is deemed necessary by the
Planning Director or Fifteen Dollars
($15.00) if a Public hearing is net re.
quired.
(b) Application for a variance may
be made by the owner. lessee. or agent
of the owner of Me, property Affected.
Said application shall Te signed by the
record owner. lessee. or may be sign.
ed by An agent of the owner if writ-
ten authorization from the record own-
or is filed with the application.
(c) The application shall. in addi.
fion. be accompanied by a statement.
plans and evidence stewing:
(U That there ar exceptional or
extraordinary eircurtrsrances Applying
to the land. building or use referred
to in the application. which circum.
stances • Ceda'Irinn'i do not apply
genar:.11y la land, bundle., and/or uses
in the same di,iricf.
O1 That the 9ranhng n+ 5nru
cation is necessary Irr then a:,e•v* .
than and enlovment of sub5tanfia! Prad
Arty rights of the applicant.
(3) That the granting of such appll.
Callon will not. under the circum-
stances of the particular case. materi-
ally affect adversely the health or
safety of persons residing or worklno
in the neighborhood of the Property
of the applicant and will not under
the circumstances of Me Particular
Case be materially detrimental to the
Public welfare or inlurious to prnperN
or Improvements in sold nelghhnr-
hood:'
SECTION a. Section 9106.39 Is ednad
to the Newport Beach Municipal .,dt
to read:
'SECTION 9106.39. Delegation M Au.
thority to Planning Director.
(a) The Planning Commission may
delegate to the Planning Director Au-
thortiv to act on any specific close At
varmnca. Sued, delegation of au @0ril,
shall be mall, by forms? resolution dl
the Plannlna Commission and shall N
sublect to confirmation by the City
Council. The withdrawal of the author
thy s0 delegated in the Planning D;
rector may be accomplished in the
same manner as the authority
originally delegated or by formal re m
lufion t-4. the City Council alone.
(b) The- Planning Director may .r.
his discretion decline to act an any
application for a variance over which
he has been granted turledicille, end
may refer Me application to the Plan
Plop Commission for Its decision.-
SECTION 9. Section 9105.39 of the
Newport Beach M u n i c i p a l Code a•.
amended by Ordinance ". lot Is ranum
hared Section 9106.33 and amended to
read:
"SECTION 9106.33. Public Hear)nas.
la) A Public hearing whali be held
Ni ell variances. except as oihervlse
oroeidW In MI6 Chapter; within ithln stxiv
(a01 days after filing of the apolice-
lion, vulee of which shall At given
by oublitbflon In the official news Papa,
Of the City and by Posting said Police
In not less then two (9) conspicuous
Places on or close to the property au.
fatted at least fen (10) days grid
to the heating Or: by mailing -said
notice, Postage Prepaid. at N,AM five
(5) days prior to hearing td'alf.prnn
Arty owners whose names , and a,,
Creases OPPeae an., the tafe6t arhataA
I.. roll as, ownin e property within
distance tH fire,' hundr,d (300) het
from file extorter bmandarles of AdIn4
cant's Property: provlded• Om +RVe"
that Public. , Itearings need nit' hA
held On aPPlicellare over which nn4-
dictlon has" open .delegated to the
N
POnina Director.
(b) Upon Me dale, set for a publk
hearing or an appeal to the Cuv
7.0o 1. Me Planning Commbehe +
the City' Council may continue +he
hearing to another date Without giving
further- notice thereof 'it the page of
the Continued hearing is announced
In open' meeting :'
SECTION it Section 9106.33 df Me
Newport Beach. Municipal Crap as
amended by Ordinance No, .940 is w
numbered Section 9106.34 and amendsN
to read:
"SECTION 9106.34. Action by Plana
Pitta commission. Pl ... left Chant".
nr City Council
(a) 3n order M grant any vglar.
the findings of the Planning Con,
mission. the Planning pirector or fir-
City Council in action on Appee P.,
shall be that the applicant has a
tabllshed the grounds Par vdrtance at'
forth in Section 9106.31 (c) (1). pi,
and (3) .
(b) The Planning Commission. Plan M
ng Director. or City Council In er1
Ina on appeals. may designate surh
conditions in connection with the grant
Ina of a variance ag they deem race,
sary to secure the purposes of ihl:•.
Article. antl may reouire such Slashed.
tees and evidence that such Condition,
are being or. will be compiled with.
Such conditions may include. reculre-
ments for off- street parking faclittie6
as determined in each case.
(c) Alter the conclusion of the M d,
Ina on any application for a variance,
the Planning Commission or the Plan-
ning Director shall render a decision
within thirty -five (35) days following
the close of the hearing on the appll-
CoHen. A variance shall not became
effective for fifteen (15) days after
being granted. and in the overt an
nPPeal is flied slid varta0,C shall
not become effective unless And until
a decision granting said variance In
matle by the City Council on such
appeal. The framing of any variance.
when conforming to the Provisions of
this Chapter. is hereby declared to
Is Lan admMistriflve, function. fho
in or Planning
and conclusive
an appeal as
Newporfuneeach
auction l63 the ag
amended by Ordinance No. 901 is ra-
numbered Section 91 %.35 and amend -
Pd to read:
"SECTION 9116.35. Appeal . Vari-
ances.
(a) In Case the applicant or any
person. firm or carperatton is not
satisfied with the action of the Plans.
nine Commission or the Planning nl-
rector. he met 4pna_1 hC 6he YIR+
Council by still P "rlllon nnfc. d
appeal with the City Clerk y -tfhin fir -
teen (15) days after the decision i^
made.
(b) The City C!arfa shall set a da7a
for Puhlic hslrinp of the appeal and
neT1 - , -UlrAd in Section
9106.33. The City Clark shall notify the
appealing party of the eats act for
the appeal antl shall also notify fhe
Planning Commission if the anneal is•
from s decision of the Planning Com-
mission or the Planning nlrector
if thr appeal is from a deeleion of
the Planning Director, Upon receiving
notice of an oppcal to the City Counrif
the written findings of the Planninat
Commission or the Planninp Director
shall be submitted to the City Could.
cll. together with all maps. left,,
exhibits and other documentary tvb.
pence considered by the Planning Con.,
muffins or the Planning Director In'
reaching 8 decision.
(c) The City Council shall render Its
decision within sixty (60) days ffar
as of the
Cade Ae
901 le r•-
la. fine ordinance shall b4
Published once in the 01 newspaper
of the City. and the same shall W.
affective 30 days after the data N IN
adoplton.
This ordinance WAS introduced at If
regular meeting of the City Council M
the City of Newport Beach held nn tba
10th day of September. 1 %3. and •v
militated on the 93rd tlay of Seaton`-,"
1963. by the following vote, to a•,1
AYES. COUNCILMEN: Shoos.re
Gruber. Cook. Mort. Lorenz. MA,
Elder.
NOES. COUNCILMEN: None
ABSENT COUNCILMEN: Nal:s
CHARLES E, HAPr
Mayor
ATTEST:
MARGERY SCHROUDER
City Clerk
Published Newport Harbor %I : z•
Press, Newport Beach, calif.. Sept '.
1963 nit,,,;