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HomeMy WebLinkAbout1204 - Board of AdjustmentsTHS -mec 1/23/67 ORDINANCE NO. 1204 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 15.16.040 AND AMENDING SECTIONS 15.16.050, 15.16.060, AND 15.16.140 OF TITLE 15 OF THE NEWPORT • BEACH MUNICIPAL CODE TO ABOLISH THE BOARD OF ADJUST- MENTS AND TO TRANSFER THEIR FUNCTIONS TO THE PLANNING COMMISSION The City Council of the City of Newport Beach does ordain as follows- SECTION 1. Section 15.16.040 of the Newport Beach Municipal Code is hereby repealed. SECTION 2. Section 15.16.050 of the Newport Beach Municipal Code is amended to read- 1°15.16.050 Interpretations and Exce tions. The Planning Comm ssion s a have the aut orrty and duty to perform the following functions- (a) To interpret the provisions of this Chapter at the request of the Building Official or when a written appeal from a decision of the Building Official is filed with the Commission. (b) To issue Exception Permits, under the procedure hereinafter provided, allowing deviations from any of the • provisions of this Chapter except- 1. The limitations on the distance a sign may project over public property as set out in Section 15.16.290. 2. The prohibitions against a sign, signal or device which imitates or resembles an official traffic sign or signal or attempts to direct the movement of traffic or hides from view any official traffic sign or signal. 3. The prohibition against any device which directs a beam of light in a flashing sequence toward a street or highway or any electrical sign or device that interferes` with the visibility of any official traffic control device or warning signal.° SECTION 3. Section 15.16.060 of the Newport Beach Municipal Code is amended to read- '15.16.060 Excei2tion Permits Procedure. A. APPLICA- TION. App ication for an Exception Permit s all be made by the property owner, or by the lessee if approved by the property owner, in writing on a form prescribed by the Plan- ning Commission, and shall be accompanied by a fee of Forty Dollars ($40) if a public hearing is deemed necessary by the Building Official under rules established by the Planning Commission, or a fee of Twenty -five Dollars ($25) if no public hearing is required. B. PUBLIC HEARING. No public hearing need be held on any application; provided, that the Planning Commission may establish rules to determine when a hearing shall be held or may hold a public hearing on any application.' • 9 0 When a public hearing is deemed necessary, notice of such hearing shall be given by publication in the official newspaper of the City and by posting the notice in not less than two conspicuous places on or close to the property at least ten days prior to the hearing or by mailing the notice, postage prepaid, at least five days prior to the hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of applicant's property. C. CONDITIONS FOR ISSUANCE. In order to grant an Exception Permit the Commission must find that granting such permit is necessary to protect a substantial property right, will not be contrary to the purpose of this Chapter as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. D. APPEAL. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may within fifteen (15) days appeal in writing to the City Council. The City Council shall set a date for public hearing and give notice as required in Subsection B. Notice shall be given to the Planning Commission of such appeal and the Com- mission shall submit a report to the City Council setting forth the reasons for the action taken by it, or shall be represented at the hearing. The City Council shall render its decision within sixty (60) days after the filing of such appeal." SECTION 4. Section 15.16.140 of the Newport Beach Municipal Code is amended to read; "15.16.140 Prohibitions. A. TRAFFIC SIGNAL IMITA- TIONS. © N persperson sKia lTe, maintain or display upon or in view of any highway or street any unofficial sign, signal or device or any sign, signal or device which purports to be or is an imitation of, or resembles, an official traffic sign or signal or which attempts to direct the movement of traffic or which hides from view any official traffic sign or signal. B. BEAMS OF LIGHT. No person not authorized shall erect or maintain any device which directs a beam of light in a flashing sequence toward any street or highway, nor shall any person erect or maintain any electrical advertis- ing sign or similar device that interferes with the visi- bility of any official traffic control device or warning signal. ited: C. TYPES. The following types of signs are prohib- 1. Flashing or animated electrical signs. 2. Wind signs. 2. 3. Moving signs. 4. Any other outdoor sign not expressly permitted in this Chapter. • D. EXCEPTIONS. Provided, however, such signs may be permitted if an Exception Permit is obtained in each case in accordance with the procedure provided in this Chapter." SECTION 5. This ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive 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 23rd day of January , 1967, and was adopted on the 14th day of February , 1967, by the following vote, to wit: AYES, COUNCILMEN: Rogers, Parsons, Marshall, Gruber, Cook, Forgit, Shelton NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ATTEST: 0 City C er i Mayor • 3.