HomeMy WebLinkAbout1671 - Five Lot Subdivision FeeORDINANCE NO. 1671
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 19.12,040 OF THE NEWPORT
• BEACH MUNICIPAL CODE TO INCREASE FILING FEES
IN CONNECTION WITH SUBDIVISIONS CONTAINING
LESS THAN FIVE LOTS
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Section 19.12.040 of the Newport Beach
Municipal Code is amended to read:
"19.12.040. Subdivisions Containing Less Than Five
Lots. A. FILING OF MAP. Where proposed subdivisions contain
four or less lots, all of which abut upon a dedicated and
accepted City street, the subdivider shall file twenty copies
of a surveyor's map of the subdivision showing the dimensions
of the proposed lots, the payment of a One Hundred Fifty
Dollars ($150.00) filing fee and any other information deemed
necessary with the Planning Commission at least twenty -seven
days prior to the meeting thereof at which consideration is
desired. Copies of maps of the proposed subdivision of four
or less lots shall be considered as.the final map by the
Planning Commission.
B. PUBLIC HEARING. Within 50 days following the filing
of the map, a public hearing shall be held by the Planning
Commission.
C. NOTICE. Notice of such hearing shall be mailed not
less than ten (10) days before the hearing date, postage
prepaid, using addresses from the last equalized assessment
roll or, alternatively, from such other records as contain
more recent addresses, to owners of property within a radius
of three hundred (300) feet of the exterior boundaries of
• the subject property. In addition, notice of such hearings
shall be posted in not less than two conspicuous places on
or close to the property at least ten (10) days prior to
the hearing.
If any properties included within the radius referred
to above are located outside the limits of the City of
Newport Beach, then the mailed notice need not be given to
• those property owners; but in lieu thereof, the Planning
Commission may cause written notice of such hearing to be
given to the Planning Commission of any city in which such
properties are located, or to the Orange County Planning
Commission in such cases where such properties lie within
the unincorporated portion of the County.
D. APPROVAL. If the Planning Commission shall determine
that the map is in conformity with the requirements of this
title, all ordinances of the City, all applicable general
or specific plans and if it is satisfied with the plan of
subdivision, it shall approve the map and signify its action
on the face thereof by appropriate stamp and the signature
of the Commission Secretary.
E. RECORDING., If the Planning Commission approves the
subdivision, the City shall obtain the recordation of the
map and shall return the recorded map to the subdivider.
F. EXTENSION OF TIME. The time limits for acting
on the subdivision map as provided for in paragraph B hereof
may be extended upon mutual consent of the subdivider and
the Planning Commission. Such time limit extension shall be
for a period not to exceed ninety days. In the event that
the map is not acted upon within the ninety day period, the
map shall be deemed disapproved.
G. DISAPPROVAL. If the Planning Commission shall
determine either that the map is not in conformity with the
requirements of this title and all ordinances of the City,
or that is is not satisfied with the plan of subdivision, it
shall disapprove the map specifying its reason or reasons
• therefor, and the Secretary of the Planning Commission shall
in writing advise the subdivider of such disapproval and of
the reasons for such disapproval. Within thirty days after
the Planning Commission has disapproved any map, the
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subdivider may file with the Planning Commission a revised
map for the consideration of the Commission.
H. EXCEPTIONS. The Planning Commission may authorize
exceptions to any requirements and regulations set forth in
this Title. Application for any such exception shall be
made at the time of the filing of the map by a certified petition
of the subdivider stating fully the grounds for the exception
and the facts relied upon by the petitioner. In order for
the property referred to in the petition to come within the
provisions of this subsection, it shall be necessary that the
Planning Commission shall find the following facts with
respect thereto:
1. That there are special circumstances or conditions
affecting the property.
2. That the exception is necessary for the preservation
and enjoyment of a substantial property right of the
petitioner.
3. That the granting of the exception will not be
detrimental to the public welfare or injurious to other
property in the vicinity in which the property is located.
In authorizing such exceptions, the Planning Commission
shall secure substantially the objectives of the regulation
to which the exceptions are granted, as to light, air and
the public health, safety, convenience and general welfare.
I. ACTION BY COMMISSION FINAL. The action of the
Planning Commission in approving or disapproving the map
shall become final in 21 days in the absence of any appeal, or
in the absence of review by the City Council, except as
provided in Subsection G. No map shall have any force or
effect until the same has been approved by the Planning
Commission and recorded.
J. APPEAL. The following procedure will apply for an
appeal:
1. In case the applicant or any other person is not
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satisfied with the action of the Planning Commission, he
may appeal in writing to the City Council by filing a notice
hereof. The City Clerk shall notify 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
Commission. Upon receiving notice of appeal to the City
Council, the Community Development Director shall submit a
written report of the Planning Commission proceedings to the
City Council, together with all maps, letters, exhibits, and
other documentary evidence considered by the Planning
Commission in reaching a decision.
3. The City Council shall render its decision within
sixty (60) days after the filing of such appeal.
• K.. RIGHT OF REVIEW BY CITY COUNCIL. The City Council,
on its own motion, adopted by four affirmative votes, may
elect to review any decision of the Planning Commission
approving a subdivision. The City Council's right of review
may be exercised at any time prior to the expiration of 21
days from the date on which the Planning Commission renders
its decision. In any proceeding in which the City Council
exercises its right of review, the City Clerk shall set a date
for public hearing and give notice in the same manner
prescribed in paragraph C hereof. The City Clerk shall also
give notice of the time and date set for the hearing to the
applicant and the Planning Commission. Upon receiving notice
of the City Council review proceeding, the Community
• Development Director shall submit a written report of the
Planning Commission proceedings together with all maps, letters,
exhibits, and other documentary evidence considered by the
Planning Commission in reaching a decision.
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of appeal
with the City
Clerk within 21 days following said
action.
Said notice of
appeal shall be accompanied by a fee
•
of Seventy-Five
Dollars
($75.00).
2.
The City Clerk
shall set a date for public hearing
and give
notice in the
same manner prescribed in paragraph C
hereof. The City Clerk shall notify 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
Commission. Upon receiving notice of appeal to the City
Council, the Community Development Director shall submit a
written report of the Planning Commission proceedings to the
City Council, together with all maps, letters, exhibits, and
other documentary evidence considered by the Planning
Commission in reaching a decision.
3. The City Council shall render its decision within
sixty (60) days after the filing of such appeal.
• K.. RIGHT OF REVIEW BY CITY COUNCIL. The City Council,
on its own motion, adopted by four affirmative votes, may
elect to review any decision of the Planning Commission
approving a subdivision. The City Council's right of review
may be exercised at any time prior to the expiration of 21
days from the date on which the Planning Commission renders
its decision. In any proceeding in which the City Council
exercises its right of review, the City Clerk shall set a date
for public hearing and give notice in the same manner
prescribed in paragraph C hereof. The City Clerk shall also
give notice of the time and date set for the hearing to the
applicant and the Planning Commission. Upon receiving notice
of the City Council review proceeding, the Community
• Development Director shall submit a written report of the
Planning Commission proceedings together with all maps, letters,
exhibits, and other documentary evidence considered by the
Planning Commission in reaching a decision.
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L. NONSPECIFIED PROVISIONS. All of the provisions
of Title 20 not specifically covered by this Section, and
not otherwise inconsistent herewith, shall apply to all
subdivisions of less than five lots."
SECTION 2. This Ordinance shall be published once in
the official newspaper of the City, and the same shall be effective
thirty (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 loth
day of May; , 1976, and was adopted on the ��r>, day of
May , 1976 by the following vote, to wit:
ATTEST:
A,- L"
ity C erk
CERTIFIED AS THE ORIGINAL AND
CERTINED AS TO PIJ12LICATiON
DA *r .`d.. —J_ -7 ... ...7t
CITY CL-P.,: UP 51;_ CITY GF NeW' BEACH
AYES, COUNCILMEN: Rogers, Dostal, Barrett,
Kuehn, McInnis, Williams
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: Ryckoff
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4/30/76