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HomeMy WebLinkAbout2009-30 - Amending Title 19 of the Newport Beach Municipal Code Pertaining to Development Across Lot Lines, the Authority of the Zoning Administrator, Lot Mergers, Lot Line AdjustmentsORDINANCE NO. 2009-.30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 19 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DEVELOPMENT ACROSS LOT LINES, THE AUTHORITY OF THE ZONING ADMINISTRATOR, LOT MERGERS, AND LOT LINE ADJUSTMENTS. WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, the City adopted Title 19 of the Municipal Code to promote the creation of subdivisions consistent with the policies of the General Plan, the conservation of open space, the protection of landowners, lot purchases, and surrounding residents; and WHEREAS, it is the City's desire to simplify the procedure for the processing of voluntary mergers of contiguous lots and eliminate the provisions for required lot mergers as set forth in the Subdivision Map Act; and WHEREAS, pursuant to Section 66499.20 3/4 of the Government Code, a city or local agency may, by ordinance, authorize the merger of contiguous parcels; and WHEREAS, this agenda item has been noticed in accordance with the Ralph M. Brown Act (72 hours in advance of the public meeting). The item appeared upon the agenda for this meeting which was posted at City Hall and on the City website. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Amendments to add, revise, or replace Chapters 19.04, 19.08, 19.12, 19.64, 19.68, and 19.76 of Title 19 of the Newport Beach Municipal Code are hereby adopted to read as shown in Exhibit 1, which is attached hereto and incorporated by reference into this ordinance. All other provisions of Title 19 of the Newport Beach Municipal Code shall remain unchanged. , SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. EXHIBIT 1 CHANGES TO TITLE 19 AS FOLLOWS: SECTION 1: Section 19.04.035 shall be added to read as follows: 19.04.035 Development Across Property Lines. No person shall develop any structure including, but not limited to, a principal or accessory structure across a lot line. SECTION 2: Section 19.04.050 shall be amended to read as follows: 19.04.050 Advisory Agencies and Appeal Boards (66415, 66416). Pursuant to Section 66415 of the Government Code, the Planning Commission is hereby designated as the City's Advisory Agency for review of tentative tract maps and the Zoning Administrator is designated as the City's Advisory Agency for review of tentative parcel maps, lot mergers, and lot line adjustments. The duties, responsibilities, and authority for tentative map review by the Planning Commission and Zoning Administrator shall be as specified in Chapter 19.12. Pursuant to Government Code Section 66416, the Appeal Board for decisions of the Planning Commission shall be the City Council and the Appeal Board for decisions of the Zoning Administrator shall be the Planning Commission. SECTION 3: Section 19.08.030 shall be amended to read as follows: 19.08.030 Waiver of Parcel Map Requirement (66428). A. Activities Eligible for Waiver. The Zoning Administrator may waive all or part of the requirements for a tentative and final parcel map in the following cases: 1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or 2. Division of real property resulting from the conveyance of land or any interest therein to or from the City or other public entity for public purposes, such as school sites, public building sites, or rights -of -way or easements for streets, sewers, utilities, drainage, and similar facilities; or 3. Mergers resulting in the net elimination of no more than three (3) parcels; or 4. A division requiring a parcel map imposed by Section 66426 of the it Government Code. B. Filing Requirements. Application for a parcel map waiver shall be made on forms provided by the Planning Department and shall include such items as may reasonably be required to make the necessary findings. A filing fee shall be paid as established by resolution of the City Council. C. Required Findings. In waiving a parcel map requirement, the Zoning Administrator shall make findings that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of Title 19, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. D. Conditions on Parcel Map Waiver. The Zoning Administrator may condition the waiver of parcel map requirements to provide for, among other things, drainage and other fees required for subdivisions by Title 19. E. Instrument Filed for Record Upon Parcel Map Waiver. Upon approval of a parcel map waiver, the applicant shall file a record of survey, certificate of compliance, lot line adjustment, or lot merger approved by the City in writing, specifying the names of the record owners of the fee interest and particularly describing the real property with a site map for recordation with the County Recorder. SECTION 4: Section 19.12.010 shall be amended to read as follows: 19.12.010 Tentative Map Review Authority. The Planning Commission shall have the authority to approve, conditionally approve, or deny, tentative tract maps and tentative parcel maps referred by the Zoning Administrator to the Planning Commission for review. The Zoning Administrator shall have the authority to approve, conditionally approve, or deny tentative parcel maps. Appeals from actions of the above reviewing bodies shall be processed in accordance with Sections 19.12.050 and 19.12.060, respectively. SECTION 5: Section 19.12.050 shall be amended to read as follows: 19.12.050 Review of Tentative Tract Maps (66451.1, 66452.1 et seq., 66474.9). A. Review by Planning Commission. Tentative tract maps shall be reviewed and approved, conditionally approved or denied by the Planning Commission. Decisions by the Planning Commission shall become final ten (10) days after the action unless appealed within the time limits specified in this Section. 2 B. Staff Report. After review and analysis of a tentative tract map, the Planning Director shall forward a report, together with a recommendation of approval, approval subject to conditions, or denial to the Planning Commission. Also, at least three (3) days prior to any hearing or action on the tentative tract map, the staff report shall be sent to the subdivider, to each fee owner of the subject property if other than the subdivider, and, in the case of a proposed conversion to a condominium, community apartment or stock cooperative project, to each tenant of the subject property. C. Public Hearings. Public hearings shall be noticed and held in accordance with Sections 65090, 65091, and 66451.3 of the Government Code and City procedures. D. Time Limits for Action on Map. 1. Time Limits When No EIR is Required. If the City determines that no environmental impact report (EIR) is required for review of a tentative tract map, within fifty (50) days of the adoption of a negative declaration or other determination that no EIR is required, the Planning Commission shall hold a public hearing to receive testimony and thereafter shall approve, conditionally approve, or deny the tentative tract map within said fifty (50) day period unless a time extension is mutually agreed upon pursuant to this Section. 2. Time Limits When EIR is Required. If an environmental impact report is prepared for the tentative tract map, the preceding fifty (50) day time period shall not commence until the date of certification of the EIR. E. Extension of Time Limits. 1. Extension by Mutual Consent. The time limits specified in this Chapter for reporting and acting on a tentative tract map may be extended by mutual consent of the subdivider and the City. 2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application pursuant to Title 19, the Planning Director shall determine whether or not the City is able to meet the time limits specified in this Chapter for reporting and action on maps. If the Director determines that such time limits cannot be met, the Director, upon request of the subdivider and for the purpose of meeting such limits, may contract or employ a private person or entity on a temporary basis to perform such services as necessary to permit the City to meet such time limits, subject to the provisions, requirements and limitations of Section 66451.1 of the Government Code. 3 F. Required Findings. In approving or denying a tentative tract map, the Planning Commission shall make all applicable findings set forth in Section 19.12.070. G. Approval by Inaction. If no action is taken upon a tentative tract map by the Planning Commission within the time limits specified in this Section or within any authorized extension thereof per this Section, the tentative tract map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Government Code and the City of Newport Beach Municipal Code. It shall be the duty of the City Clerk to affirm said approval. Any tentative tract map deemed approved by Planning Commission inaction may in turn be appealed to the City Council in accordance with the procedures and time limits set forth in Subsection I of this Section. H. Denial Action to Comply with Time Limits Prohibited. Pursuant to Section 66451.4 of the Government Code, no tentative tract map shall be denied to comply with the time limits specified in this Section unless there are reasons for disapproval other than the failure to timely act in accordance with the time limits specified in this Section. Appeals. 1. Appeal by Interested Person. Any interested person, including a City Councilmember, may appeal any action of the Planning Commission regarding a tentative tract map to the City Council. Any appeal filed by a City Councilmember shall not be considered an aggrieved person based on the fact that the City Council member filed the appeal. 2. Time Limits for Filing. Appeals shall be filed with the City Clerk within ten (10) days after the action of the Planning Commission. Upon the filing of an appeal, the original decision shall be stayed and the matter shall be set for public hearing. 3. Fees. Any appeal filed by a person other than a Councilmember shall be accompanied by a filing fee set by resolution of the City Council pursuant to Section 66451.2 of the Government Code. 4. Hearing and Action. A public hearing shall be noticed and held prior to action on a tentative tract map appeal. The appeal hearing shall be noticed in accordance with Sections 65090, 65091 and 66451.3 of the Government Code and shall be held within thirty (30) days after filing of the appeal. Within ten (10) days following the conclusion of the hearing, the City Council shall render its decision on the appeal. 5. Effect of Inaction. If the City Council does not make a decision on an appeal within the time limits specified, the tentative tract map, insofar as it complies with the Subdivision Map Act and Title 19, shall be deemed to be 13 approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the City Clerk to certify or state that approval. J. Indemnification of City. Pursuant to Section 66474.9 of the Government Code, as a condition of approval of a tentative tract map, the decision making body may require that the owner of the fee interest or designee defend, indemnify, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City, its agents, officers, or employees to attack, set aside, void, or annul the tentative tract map approval and any associated approvals when such claim, action, or proceeding is brought within the time period provided under Section 66499.37 of the Government Code. The City shall notify the owner of the fee interest or designee of any claim, action or proceeding and the City shall cooperate fully in the defense. SECTION 6: Section 19.12.060 shall be amended to read as follows: 19.12.060 Review of Tentative Parcel Maps (66451.1, 66463 et seq., 66474.9). A. Review by Zoning Administrator. 1. Authority. Tentative parcel maps shall be reviewed and approved, conditionally approved or denied by the Zoning Administrator unless the Zoning Administrator determines that the public interest would be better served by review by the Planning Commission. In such a case, the tentative parcel map shall be reviewed in the same manner as tentative tract maps as set forth in Section 19.12.050. 2. Procedures. The provisions for tentative tract maps set forth in Section 19.12.050 Subsections (B) through (H) and (J), regarding staff reports, public hearings, time limits, required findings, approval by inaction, and indemnification shall apply to tentative parcel maps. 3. Finality of Decision. Decisions by the Zoning Administrator shall become final ten (10) days after the action unless appealed within the time limits specified in Paragraph B of this Section. B. Appeal of Zoning Administrator Action. 1. Appeal by Interested Person. Any interested person, including a Planning Commissioner or City Councilmember, may appeal any action of the Zoning Administrator regarding a tentative parcel map to the Planning Commission. In accordance with Government Code Section 66463.5, an appeal of a denial of a tentative parcel map extension shall be heard by the City Council. 5 2. Time Limits for Filing. Appeals shall be filed with the Planning Director within ten (10) days after the action of the Zoning Administrator. An appeal of a denial of a tentative parcel map extension shall be filed with the City Clerk and heard by City Council accordance with Government Code Section 66463.5. The time limit for filing appeals on denials of a tentative parcel map extension shall be 15 days after the action of the Zoning Administrator. Upon the filing of an appeal, the original decision shall be stayed and the matter shall be set for public hearing. 3. Fees. Any appeal filed by a person other than a Councilmember or Planning Commissioner shall be accompanied by a fee set by resolution of the City Council. C. Further Appeal. Any action by the Planning Commission, when acting as the Appeal Board, or any decision affirmed by the City Clerk due to Planning Commission inaction within the specified time limits in Section 19.12.050 D and E may in turn be appealed to the City Council in accordance with the procedures and time limits set forth in Section 19.12.050. SECTION 7: Section 19.64.030 shall be amended to read as follows: 19.64.030 General Requirements. A. Where Permitted. If approved under the provisions of this Chapter and Title 20 (Zoning Code), residential condominium conversions may be allowed in any district in which residential uses are permitted, including planned communities, except within the R -1.5 District (Balboa Island). Nonresidential condominium conversions may be allowed in any district in which such uses are permitted. B. Subdivision Required. All condominium conversions subject to this Chapter shall require approval of tentative and final subdivision maps. C. Review Responsibilities. Condominium conversions containing 5 or more dwelling units shall be reviewed by the Planning Commission via a tentative tract map. Condominium projects or conversions containing 4 or fewer dwelling units, or nonresidential property, shall be reviewed by the Zoning Administrator via a tentative parcel map. D. Applicable Standards. Condominium conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval per Title 20 (Zoning Code), and (2) the applicable provisions of Title 19. SECTION 8: Chapter 19.68 shall be deleted in its entirety and amended to read as follows: 9 CHAPTER 19.68 MERGER OF CONTIGUOUS LOTS Sections: 19.68.010 Purpose and Intent 19.68.020 Exemptions 19.68.030 Lot Mergers 19.68.010 Purpose and Intent. The provisions of this Chapter are intended to provide for the merger of parcels as authorized by Section 66499.20 % of the Government Code. These provisions are intended to be consistent with the state Subdivision Map Act and shall be so construed. 19.68.020 Exemptions. A. Old Lots. Any lot of record on August 2, 1943 may be used as a development site even when of less area or width than that required by the provisions of this code. B. Lots in R1.5 District. On any site of less than 5,000 square feet which existed prior to March 10, 1976, a two- family dwelling may be constructed provided that there shall be not less than 1,000 square feet of land area for each family unit. 19.68.030 Lot Mergers. A. Application. Mergers of contiguous lots involving four or fewer parcels under one fee ownership may be initiated by the owner of the fee interest. An application for a lot merger shall be filed in a manner consistent with the requirements contained in Section 20.90.030 of Title 20 (Application Filing and Fees). Application for merger of contiguous parcels shall be made on forms provided by the Planning Department and shall include such items as may reasonably be required to make the necessary findings. An application shall be accompanied by a fee set by resolution of the City Council. B. Required Plans and Materials. In addition to the other application materials required by Section 20.90.030 of Title 20, an application for a lot merger shall be accompanied by an exhibit showing the lots to be merged, the property lines of the adjoining parcels, and structures on and adjacent to the lots to be merged. C. Planning Department Review. An application for a lot merger shall be initially reviewed by the Planning Department in accordance with Sections 20.90.040 and 20.90.050 of Title 20. D. Zoning Administrator. Application for lot merger shall be approved, conditionally approved, or denied by the Zoning Administrator unless referred to the Planning Commission pursuant to this Section. E. Referral to Planning Commission. The Zoning Administrator may determine that an application should properly be heard by the Planning Commission and may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this Section. F. Public Hearings. Lot mergers shall require a public hearing before the Zoning Administrator. Procedures for noticing and conduct of hearings shall be in accordance with Section 20.93.025 of Title 20. G. Investigation. The Zoning Administrator shall cause to be made such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this Section and sound planning practices. H. Required Findings. All of the following findings shall be made prior to approval of a lot merger: 1. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of Title 19; and 2. The lots to be merged are under common fee ownership at the time of the merger; and 3. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan; and 4. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. 5. The lots as merged will be consistent with the surrounding pattern of development and will not create an excessively large lot that is not compatible with the surrounding development. I. Conditions of Approval. The Zoning Administrator may condition a lot merger to account for the impacts including, among other things, public improvements as fJ well as the payment of drainage and other fees required for subdivisions by Title 19. J. Rendering of Decision. After the conclusion of the hearing on any application for a lot merger, the Zoning Administrator of Planning Commission shall render a decision within ten (10) days unless otherwise stipulated by the applicant and the Zoning Administrator or Planning Commission. K. Effective Date and Appeals. Decisions on lot mergers shall not become effective for ten (10) days after being granted. Appeals shall be made in accordance with the provisions for appeal of tentative parcel maps, as set forth in Section 19.12.0608. Upon the filing of an appeal, the original decision shall be stayed and the matter shall be set for public hearing. L. Instrument Filed for Record Upon Lot Merger Approval. Upon approval of a lot merger, the applicant shall file a document, approved by the City in writing, specifying the names of the record owners of the fee interest and particularly describing the real property with a site map for recordation with the, County Recorder. M. Waiver of Concurrent Parcel Map. In accordance with Section 19.08.030, the Zoning Administrator may approve a waiver of the parcel map requirement in conjunction with the lot merger where no more than three parcels are eliminated. If a merger involves the elimination of more than three parcels, tentative and final parcel maps shall be required. N. Expiration and Amendments. Expiration of and amendments to lot merger approvals shall be in accordance with Chapter 20.93 of the Zoning Code. SECTION 9: Chapter 19.76 shall be deleted in its entirety and amended to read as follows: CHAPTER 19.76 LOT LINE ADJUSTMENTS Sections: 19.76.010 Purpose and Intent 19.76.020 Procedures for Lot Line Adjustments 19.76.030 Required Findings 19.76.010 Purpose and Intent. This Chapter is intended to allow for lot line adjustments. A lot line adjustment for of Chapter 19.76 is a minor boundary adjustment involving four or fewer M adjacent lots or parcels where the land taken from one parcel is added to an adjacent parcel with the original number of parcels remaining unchanged after the adjustment. 19.76.020 Procedures for Lot Line Adjustments. A. Application. An application for a lot line adjustment shall be filed in accordance with the requirements contained in Section 20.90.030 of Title 20 (Application Filing). The owners of the fee interest of all parcels involved shall sign the application form. B. Required Plans and Materials. In addition to the other application materials required by Section 20.90.030 of Title 20, an application for a lot line adjustment shall be accompanied by an exhibit showing the line or lines to be adjusted, the property lines of the adjoining parcels, and structures adjacent to the line or lines to be adjusted. C. Planning Department Review. An application for a lot line adjustment shall be initially reviewed by the Planning Department in accordance with Sections 20.90.040 and 20.90.050 of Title 20. D. Zoning Administrator. Application for lot line adjustments shall be approved, conditionally approved, or denied by the Zoning Administrator unless referred to the Planning Commission pursuant to this Section. E. Street Frontage Orientation. An application filed for a lot line adjustment that proposes a change in the street frontage and/or orientation of any lot shall require the concurrent filing of a zone change application to establish appropriate street side setbacks deemed to be compatible with those of adjacent properties, and shall be subject to notice and public hearing by the Planning Commission and the City Council. In approving or conditionally approving such lot line adjustment application and zone change, the Planning Commission and City Council shall make required findings as set forth below. F. Referral to Planning Commission. The Zoning Administrator may determine that an application should properly be heard by the Planning Commission and may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions applicable to lot line adjustments and the Zoning Administrator as set forth in Section 19.12.050. G. Public Hearings. Lot line adjustments shall require a public hearing. Procedures for noticing and conduct of hearings shall be in accordance with Section 20.93.025 of Title 20. H. Investigation. The Zoning Administrator shall cause to be made such 10 investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this Section and sound planning practices. I. Required Findings. In approving, conditionally approving, or denying a lot line adjustment, the Zoning Administrator, Planning Commission and /or the City Council shall make the following findings. 1. Approval of the lot line adjustment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot line adjustment is consistent with the legislative intent of Title 19. 2. The number of parcels resulting from the lot line adjustment remains the same as before the lot line adjustment. 3. The lot line adjustment is consistent with applicable zoning regulations except that nothing herein shall prohibit the approval of a lot line adjustment as long as none of the resultant parcels is more nonconforming as to lot width, depth and area than the parcels that existed prior to the lot line adjustment. 4. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the lot line adjustment. 5. That the final configuration of the parcels involved will not result in the loss of direct vehicular access from an adjacent alley for any of the parcels that are included in the lot line adjustment. 6. That the final configuration of a reoriented lot does not result in any reduction of the street side setbacks as currently exist adjacent to a front yard of any adjacent key, unless such reduction is accomplished through a zone change to establish appropriate street side setbacks for the reoriented lot. The Planning Commission and City Council in approving the zone change application shall determine that the street side setbacks are appropriate, and are consistent and compatible with the surrounding pattern of development and existing adjacent setbacks. J. Conditions of Approval. The Zoning Administrator, Planning Commission, and /or the City Council may condition a lot line adjustment to account for the impacts including, among other things, public improvements as well as the payment of drainage and other fees required for subdivisions by Title 19. 11 K. Rendering of Decision. After the conclusion of the hearing on any application for a lot line adjustment, the Zoning Administrator, Planning Commission and/or the City Council shall render a decision within ten (10) days unless otherwise stipulated by the applicant and the Zoning Administrator, Planning Commission and /or the City Council. L. Effective Date and Appeals. Decisions on lot line adjustments shall not become effective for ten (10) days after being granted. Appeals shall be made in accordance with the provisions for appeal of tentative parcels maps, as set forth in Section 19.12.060. Upon the filing of an appeal, the original decision shall be stayed and the matter shall be set for public hearing. The lot line adjustment shall only become effective when the lot line adjustment instrument specifying the owners of the fee interest and particularly describing the real property is approved by the City in writing and the instrument is filed for recordation with the County Recorder. M. Instrument Filed for Record Upon Lot Merger Approval. Upon approval of a lot merger, the applicant shall file a document, approved by the City in writing, specifying the names of the record owners of the fee interest and particularly describing the real property with a site map for recordation with the County Recorder. N. Expiration and Amendments. Expiration of and amendments to lot line adjustment approvals shall be in accordance with Sections 20.93.050 and 20.93.055 of Title 20. 12 SECTION 3: The proposed action is not defined as a project and does not require environmental review under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project and does not have the potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (Section 15378 of the CEQA Guidelines); and SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. SECTION 5: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of November, 2009, and adopted on the 8th day of December, 2009, by the following vote, to wit: AYES, COUNCIL MEMBERS Henn, Bosansky, Curry, Webb, Gardner, Daigle, Mayor Selich NOES, COUNCIL MEMBERS None ATTE T: POar e Q � Leilani Brown, Ci Clerk ae,roR,•�P APPROVED AS TO FORM, E CI ATTORNEY: David R. Hunt, City Attorney for the City of Newport Beach STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilam I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2009 -30 was duly and regularly introduced on the 24th day of November, 2009, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of December, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of December, 2009. Cit�k City of Newport Beach, California (Seal) a� �PORr u a� f1� /RORN�f CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2009 -30 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: 2009. Introduced Ordinance: November 28, 2009 Adopted Ordinance: December 12, 2009 In witness whereof, I have hereunto subscribed my name this I vA day of eM /X City Clerk I City of Newport Beach, California