HomeMy WebLinkAbout1490 - Balboa Peninsula Building Permits•
ORDINANCE NO. 1490
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH PROHIBITING THE ISSUANCE OF ALL BUILDING
PERMITS FOR ALL CON,TRUCTION, ON THE BALBOA
PENINSULA EXCEPT FOR PERMITTED USES IN THE
R -1 AND R -1.5 DISTRICTS AND EXEMPTING THE C -1
DISTRICT
WHEREAS, the area from 19th Street east to the Bay
Entrance Channel bounded on the south by the Pacific Ocean
and on the north by the Bay, more commonly referred to as
the Balboa Peninsula, comprises single family, multiple resi-
dential, and commercial zoning; and
WHEREAS, the rapid growth of the City of Newport Beach
has created increasing pressures for intensive development and
redevelopment of the properties on the Balboa Peninsula which
has resulted in and will continue to result in extremely high
building denisty and overcrowding of people into this limited
land area; and
WHEREAS, in preparation of developing a General Plan
for future development in the City, the Community Development
Department has conducted land use density studies and surveys
throughout the various areas in the community; and
WHEREAS, as a result of the findings of these density
studies for the Balboa Peninsula area, the City Council has
instructed the Planning Commission to consider rezoning the
Peninsula area in order to permit land uses which will help
alleviate the problem of high density and overcrowding in that
area; and
WHEREAS, pending consideration by the Planning Com-
mission of these suggested zone changes, the City Council
believes that it would be in the best interest of all of the
citizens of Newport Beach to prohibit any construction other
than single family or R -1.5 multiple residences and commercial
uses permitted in the C -1 District in the Balboa Peninsula
area; and
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WHEREAS, Section 65858 of the California Government
Code specifically authorizes the adoption of interim zoning
ordinances as emergency measures prohibiting uses which may
conflict with a zoning proposal which the legislative body is
considering; and
WHEREAS, in enacting this ordinance the City Council
hereby declares that it is acting pursuant to authority of said
Section 65858 of the California Government Code.
Now, therefore, the City Council of the City of
Newport Beach DOES ORDAIN as follows:.
SECTION 1. No building permits will be issued with-
out first obtaining a use permit for any new construction within
the area located from 19th Street east to the Bay Entrance
Channel bounded on the south by the Pacific Ocean and on the
north by the Bay, more commonly referred to as the Balboa Penin-
sula, except for uses permitted by Chapter 20.12 of the Newport
Beach Municipal Code entitled the "R -1 District ", and R -1.5
uses in the R -2, R -3 and R -4 Districts. The C -1 District is
exempt from the provisions of this ordinance.
SECTION 2. If adopted by a four - fifths vote, this
ordinance shall be effective for a period of one hundred twenty
(120) days from the date of its adoption; PROVIDED, however,
that after notice pursuant to Section 65858 of the California
Government Code and public hearing, the City Council may extend
this ordinance for eight months and subsequently extend it for
one year. Not more than these two extensions may be adopted.
Any such extension shall also require a four - fifths vote for
adoption.
SECTION 3. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
• stated herein and shall take effect immediately after a public
hearing and adoption by a four - fifths vote of the members of
the City Council.
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SECTION 4. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council
of the City of Newport Beach held on the 12th day of
February , 1973, by the following vote, to wit:
CERTIFIED AS THE ORIGINAL AND
CERTINED AS TO PUBLICATION
FEB 15 1973
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TY CL K OF THE CITY OF NE O EACH
AYES, COUNCILMEN: McInnis, Rogers,
Dostal, Kymla, Ryckoff, Store
NOES, COUNCILMEN• Crou1
ABSENT COUNCILMEN: None
Mayor
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