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HomeMy WebLinkAboutAM0046Resolution No. 619 April 10 i9 58 Amendment No. 46 CITY PLANNING COMISSION NEIPIORT BEACH, CALIFORNIA REPORT OF: PLANNING COMISSION By; planning Dept. TO: City Council ON: SUBDIVISION AMNMWMTS PROCEDURE FOLLOWED BY PU2LING 20P9M ION: Proposed amendment was published in the Newport Harbor Press. Two public hearings were held by the commission on February 24 and March 20, 1958. FINDINGS OF PLANNING 2,114USSID Upon recommendation of the Planning ConGultants, Hahn, Wise & Associates, the commission adopted a Resolution of Intention to amend the subdivision ordinance to mage it unlaugul for any person to lease any land with,:ut complying with the requirements of Articlt: IXC relating to daabdivisions. RE,CCTM� :SNDATIONS OF P7,ANNLNG COMMISSION: The planning Commission recomends to the City Council that this proposed amendment be approved. RESULTS OF ROLL CALL MOTE: A71 ES Longumoos, Rudd, Hayton, Copelin, Keene, Clemence and Sturtevant NOBS.: ABSENT; Lind and Smith NOT VOTI"17u: By order of the Chairman Falter LongmDor I hereby certify that the abowa is a true Approved by the City Council on the and correct report of the proceedings and day of --------19— action of tho Planning Commission, City of Newport Beach. itespectfully submitted, Secretary Newport Beach City Planning Commission P. C. Form 1 City Clerk City of Newport Beach, California WWC:mee 6/23/59 ORDINANCE NO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMMING SECTIONS 9250.4, 9251.4, 9252.31, 9252.32, 9252.34, 9254.171 9256.31, AND 9257.11 OF THE NEWPORT BEACH MUNICIPAL COBE RELATING TO SUBDIVISIONS The City Council of the City of Newport Beach does ordain as follows: SECTION 1: Section 9250.4 of the Newport Beach Municipal Code is amended to read: "SEC -LION 9250.4. No person shall, as a principal, agent or otherwise, offer to sell or lease, eontract to sell, sell or lease any subdivision of land or any part thereof in the City unless and until all the requirements of this Article have been complied with; provided, how- ever, that this provision shall not prevent the renting or leasing of residences or apartments, offices, stores or similar space in an apartment building, commercial building, industrial building or trailer park." SECTION 2: Section 9251.4 of the Newport Beach Municipal Code is amended to read: "SECTION 9251.4. 'Subdivision' shall mean any land or portion thereof shown on the last preceding tax roll as a unit or as a contiguous unit which is divided for the purpose of sake or lease, whether immediate or future, by any subdivider." SECTION 3: Section 9252.31 of the Newport Beach Muni olpal Code is amended to res--: "SECTION 9252.31. The Planning Commission shall determine whether the tentative map is in conformity with the provisions of law and of this Article, and within thirty (30) days after the filing thereof shall transmit the map and make a report to the City Council recormnding the approval, conditional approval or disapproval of the same and its reasons thergfor and shall transmit a copy of the report and a copy of the tentative snap to the City Engineer. Within ten (10) days after receipt of the repovt or at its next succeeding regular meeting, the City Council shall consider the tentative map and the report of the Planning Cormniasi.on and shall approve, con- ditionally approve or disapprove the same. The City Council's action shall be reported to the subdivider and to the Planning Commission." SECTION 4: Section 9252.32 of the Newport Beach Munici- pal Code is amended to read: "SECTION 9252.32. The Planning (*ommission may recom- mend the subdivider be required to set aside or may auggest to the subdivider the advisability of dedicating or setting aside suitable areas for parks, playgrounds and school*, and other public building sites that will be required for I the use of the population whteh is intended to occupy the subdivision under the plan of proposed property uses therein. In all cases the Planning Commission shall suggest to the subdivider such measures as will wake for excellence of residential, commercial or industrial development." SECTION 5. Section 9252.34 of the Newport Beach Munici- pal Code is amended to read: . "SECTION 9252.34. The City Council may refuse to approve a tentative map when the only practical use which can be made of the property projaosed to be sub- divided 13 a use prohibited by ordinance or law or if the property is deemed unhealthful or unfit for human habitation or occupancy by the Health Department." SECTION 6: Section 9254.7.7 of the Newport Beach MUnici- pal Code is amended to read: `/"SECTION 9254.17. Alleys. When any lots are pro- posed for commercial or industrial usage, alleys at least thirty (30) feet in width shall be provided at the rear thereof with adequate ingress and egress for truck traffic. Any alleys provided in residential areas shall be a minimum of twenty (20) feet in width." SECTION 7: Section 9256.31 of the Newport Beach Munici- pal Code is amended to read: "SECTION 9256.31. Upon receipt of such report the city Council may approve the tentative map with such exceptions and subject to the conditions the City Council deems necessary to substantially secure the objectives of this Article." SECTION 3: Section 9257.11 of the Newport Beach Munici- pal Code Is amended to read: "SECTION 9257.11. Appeal may be made to the City Council from any decision, determination or requirement of the Planning commission or City Engineer by filing a notice thereof in writing with the city Clerk within fifteen (15) days after such decision or determination or requirement is made. Such notice shall set forth in detail the action and the ground by and upon which the subdivider deems himself aggrieved." SECTION 9: This ordinance shall be published once in the Newport Harbor News Press, a newspaper of general circulation; printed and published in the City of Newport Beach, and the same shall be effective 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 day of July, 1959, and was adopted on the day of _ __s 2. A 1959, by the following vote, to wit: AYES, COU,TCILI•T;:N: NOES, CWNCILLI-:1N. A.BS! ;�T COtNCIM-2-:7: ATTEST: Gi y C er c - ayor "' � , ✓�/ zt ir�i f trs �u��r 5. C1TZ OF NIWPCRT BEACH To: City Mere From: City Attomey June 26, l 9 Subject: Proposed a ndmsnt to the Mmicjpal Code on subdivisions Forwarded is a proposed ordinAnce whichq if enacted, € ou2r! ar. lend Seotlmm 9250,4a 9251.4a 9252.31, 9252.320 9252.34s 9254.17, 9250".31 and 9257.11 of the ManIcIpal Code, all 3n the article r'elatinZ to subdivisions. These =Ondmnts have been requested so that Council approval of tentative Maps will be required and to require co_.'za^e With the Cade on subdIvisiorm when leasing portions of parcels of land. The n nt to Sections 9250.4 and 9251.4 is intended to cause the iia ovisions of the subdivision ordinance to apply Lo the lease of land as well as to the male of land. Leasing of residences or apartments,, offices, stores or sPaa® in an apartment building, com- mercial building, Industrial buildIng or trailer park is excepted. Section 9252.31 la amended to require tentative maps to be bruu-0--at to the City Council for approval. The amendr,�nt to 9252.32 is necessary to make e it conform vfitll Sec- tion 9252.31 as awnded. The amendment to 9252.34 also is neceasary since the City Coll -0011 rather than the Planning Commission will have the approval or dis- approval of tentative maps. The amendment to 9254.17 has been prepared becauae the regi irement of thirty-foot alleya in residential areas has loam been interripeted to ret ui only twenty -foot alleys. The thirty feet ncni was apparently an error. This amendment would correct it. They amendment to 9256.33 also is made becauae the C7.tj Coun,:!iI than the Planning Commission has final approval on tentative maps . As Section 9257.711 now reads, any appeal, to the City Council from any declaion, determination or requireimnt of the Planning Coii nission or City Engineer must be filed within ten days. Fifteen days has been oubstituted because that is the length of tim stated in Sacs tion 11552 of the Businesa and Professions Code of the State. TO: City Clerxg -2- June 26o 1959 It is sw eated that a aertifled copy of the ordinance be r=ecoi-ded to co It with Section 11530 of the Business and Professions Cotte wl-':LOh re a< "LO@al Ordinances; recordation. A certified ccpy of'each local ordinance and a nc nto thereto shall be raecordec� in the office. of the C td. Recorder., ?lease send a. copy of the Wdinance to each member* of the City Goun- c11 for atudy. r DRAFT Camec 6/11/59 (5) SECTION 9250.4. No person shall, as a pri?,cipal, agent or otherwise, offer to sell or lease, contract to sell, sell or lease any subdivision of lard, or any part thereof in the City unless and until all the requirements of this Article have been complied with; provided, however, that this provision shall not prevent the renting or leasing of residences or apart- ments, offices, stores or similar space in an apartment building, commercial building, industrial building or trailer park. SECTION 9251,4. "Subdivision" shall mean any land or portion thereof shown on the Last preceding tax roll as a unit or as a contiguous unit which is divided for the purpose of sale or lease, whether immediate or future, by any subdivider. UMt6]'r. r f`' .guns 9, 1959 Could tm awnd Sections 9250a4t atd 9251.4 calorg, wit:11 t1te Other® L adicatfad in your mmorandum juin 1. 1959"f Nate J. 14. dA 14AWD Planning Director ,kdl.iCRNEY C yr Atar�ey� W s N July 29, 1958 JWD l I -LAMMING May 26, 1953 J. W. Drawdy JWD.-h cc* City Manager Walter Char=aa will discuss this matter with you. AMENDMENT N0. 46 Section 9250.4 of Chapter 1 of Article IXC of the Municipal Code of the City of Newport Beach be, and the same is here- by amended to read as iotloris: "Section 9250.4. It shall be unlawful for any individual, firm, association, syndicate, co- partnership, corporation, trust, or any n"her legal entity, as a principal, agent or otherwise to offer to sell, to contract to sell, to sell, or to lease any subdivision of land or any part.- thereof in the City of Newport Beach unless and until all the re- quirements hereinafter provided have been complied with." Section 5251.4 of Chapter 2 of Article IXC of the Municipal Code of the City of Newport Beach be, and the same is hereby amended to read as follows: "Section 9251.4. Subdividion shall mean any land or portion thereof shown on the last preceding tax roll as a unit or as a contiguous unit which is divided for the purpose of sale or lease, whether immediate or future, by any subdivider." CITY OF NE P0IRT BEACH CITY ATTORMFf DEPARTMUTI' Date April 3, 1958 Attached is a draft of the Ordinance prepared to incorporate the changes approved by the Planning Commission and being recommended to the City Council. Please note that the form of Section 9250.4 has been changed so that it confarms with the other Sections of the Code Prohibiting said acts. The Section now reads "It shaj.l be unlawful" and states for any individual, firm, association and other entj:jes to do the prohibited acts. It has been changed to read: "No person shall" do the prohibited acts. The word "person" Is defined in the Code to include all of the entities specifically mentioned in the Section. Section 9251.4 is incorporated into the proposed Ordinance in the same form as you sent it over to this office. 101C : mea c ;falter Df . Charamza Enc. City Attorney cc - City Manager �;N Awl 3s Sly,51"i AMva"t 4"tlam9950,4 =d Woul.4 ot V* pmampal 00"a relat-wa to wadivuw. ?W-wat-dw-M AMth this "NerwAM. Lz " 11, MV410 vjac,114 I efflVa"Mod by the Qvunajl$ uIll W&I &WARS qQKQ? ad' Ubw taft to pr-dudUtl laostig land uWaltxt uun ellgr *110VASY-w", wath tbA 010020AMMS cowt Artlae relating to &AMU.-ilelaw. S"AlM 9251-4 U MWAWAd to "lift w that, a 401010a of 2and for We v4provs; 10 UnWAP U MullwASONA tAe term. AM fArlwo qw5MYelt-lem hau"s -bjmwi t-,, ovloi,w's 0"', t"10 6--A* �wqeholV ,00 tiTe pra all was not WaAfe 14-M 4,UV0tAiW0, elnr INC TACO � r 4/ --/ c t13� 11 ORDINANCE NO. r1N ORDINANCE OF THE CITY OF N04POR`i` BEACH Al ENDING SECTIONS 9250.4 AND 9251.4 OF THE i,r t; PO rT BEACH MUNICIPAL CODE RETA.TING TO SUP -DIVISIONS. �I ti �I The City Council of the City of Newport Beach does ordain 6 as follow.,;; 7:1 SECCION l: Section 9250.4 of the Newport Beach Municipal 8 Code is amended to read: 911 "Section 9250.4. No person shall, as a principal., agent or others -rise, offer to sell, contract to sell, 101 sell, or lezu;a any subdivision of land or any part the:,eof in the City of Newport Beach unless and until 11;! all the requirements hereinafter provided have been 12 compiled with,' ;� SECTION 2: Section 9251.4 of the Nei%rport Beach Municipal 14 {1 Code is amended to read: 15 "Section 9251.4. #Subdivision$ shall mean any Land %r portion thereof shown._on the last preceding tax roll 16 as a unit or as a contiguous unit which is divided for E the ou+psse of sale or lease, whether immediate or future, 17E by any subdivider." lg SECTION 3: This Ordinance shall be published once in } 19 the Newport ,'arbor News Press, a newspaper of general circulation,circulation,€1 2Q printed and published in the City of Newport Beach, and the same 21I1 :�ha.1l be effective 30 days after the date of its adoption. i;'his ordinance was introduced at a regular meeting of !I 23 ij the City Council of the Cit; of Newport Beach held on the I 24 I; day bf ApA il, 1958, and was adopted on the day of �I ._ 19'L'), by the following vote, to wit: i 26 AYES, COUNCILMEN: ,i 7 i.r.r...r.�..�-� I' NOES, COUNCILMEN: _ .i 29 i1 ABSENT GOUNCIUNEN: li Tx' S T. i; 1 j - City Cleric 0 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, County of Orange, BEWN RFDD TCK of the said County, being duly sworn, deposes and ;c,ys! THAT he. �s and at all times here mentioned was a citizer, of the United Stares, over the age of eighteen years, and that ........... he is not a party to, nor interested in the above entitled rna*ter; that he is the *.- . . ............ printer of the Newport Harbor News Press, a newspaper of general circulation, printed and published in the City of Newport Beach County of Orange, and which newspaper has been ad;'udged a newspaper of general cir- cu€ation by the Superior Court of the County of Orange, State of California, under date of October 2? 1954, Cose Number A 24831;, that the notice. of which the annexed is a printed zopy, has been published in each regular and entire issue of said newspaper and not in any supPlOment fher0C1F 0(1 the fallowing dates, to -wit: January 29 all in tr,e yep i- 1p K . . .................*Printer Foreman of the Printer or Principal Clerk of the Printer. Subscribed and Sworn to before me this . .. ... 29t`". day of ja.jwnr y 58 (SEAL) Notary Public in arid for said County and State. My Commi_sion Expires Novernher 17 19..59. . 339 This space is for the County Clerk's Filing Stamp Affidavit of Publication of NOWCE OF Puv L1&.H,E R1,NTG Aniersdmant No. 46 Ji +ilu on; No, 619 rafl�rrt*�::"��dt"TYt3�^ taISi�Rd Or the( -ate a .1mewport .Beach w+lii hold t*6 public hhmrWO on the application ' of.,`..P2anming �.TDMIili ioill. City . r, Newport 0251,4,':..9251. End. € S.1 "of No., :550., (subdtvWon :Notice is hereby' 2itren that said public hewings will be I held on thf 20th da y' .of Feb - .0th... clay 4p ltd ssisr 1>8 at the hour of 8;00 P.M in the C011ncil :Chtsnaker�.,;.;,ot ...the NevypDrt ;�.C#iy, 1HI,,at ivltich:;tima and,ply :arty aaux a�n ` *r"1178 li toir ted :',nay.':-ooar . arW.'.: b4. l thsl„eoas lie �N: