HomeMy WebLinkAbout963 - Subdividing Planned Residential Developments0
ORDINANCE NO. 963
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH
ADDING SECTIONS 9256.12,
9256.13 AND 9256.14 TO AR-
TICLE IX% OF THE NEW-
PORT BEACH MUNICIPAL
CODE RELATING TO THE
SUBDIVIDING OF PLANNED
RESIDENTIAL D E V E L O P-
MENTS
The City Council of the City of
Newport Beach does ordain as
follows:
SECTION 1. Section 9256.12 is
added to the Newport Beach Mu-
nicipal Code to read:
"SECTION 9256.12. Whenever
a Use Permit has been granted
for a planned residential de-
velopment in any `R' District,
conditional exceptions to certain
subdivision standards may be
recommended by the Planning
Commission and authorized by
the City Council as follows:
1. Exceptions to the require-
ments and regulations relating
to lot size and shape may be
permitted when:
a. An open space or recrea-
tional area lot is to be provided
for the use and benefit of the
family dwelling units in the de-
velopment, and
b. The total land area of the
development divided by the total
number of family dwelling units
provides an average land area
per family dwelling unit equal
to or more than that required
by the regulations of the district
in Which the development is lo-
cated. Total land area of the
development shall include the
land area of open space or rec-
reational area lots but shall not
include any land area being set
-aside for street rights -of -way.
2. Exceptions to the require-
ment that lots abut on a street
may be permitted when:
a. Adequate and permanent
access from a street to each fam.
ily dwelling unit is provided for
pedestrians and emergency ve.
hicles, and
mob. Adequate and permanent
provision for accessible automo.
bile storage is assured for each
family dwelling unit.
3. If the subdividing of the
planned residential development
is authorized -as herein provided,
setbacks and open spaces be-
tween buildings shall not be
determined by lot lines but shall
be as established by the Use Per-
mit for such development"
SECTION 2. Section 9256.13 is
added to the Newport Beach Mu-
nicipal Code to read:
SECTION 9256.13. As a condi-
tion of approving the subdivision
of a planned residential devel-
opment and permitting excep-
tions to the standard subdivision
requirements, t h e subdivider
shall present in writing with his
tentative map the means by
which the permanent upkeep
and maintenance of the open
spaces or recreational area lots
is to be accomplished and the
payment of all taxes thereon
assured. No exceptions to the
standard subdivision require-
ments shall be permitted unless
the City Council determines that
the subdivider has adequately
provided for such upkeep, main-
tenance and payment of taxes."
SECTION 3. Section 9256.14 is
added to the Newport Beach
Municipal Code to read:
"SECTION 9256.14. (a) To as-
sure that the design of the
planned residential development
subdivision will be permanent
unless resubdivided or reverted
to acreage according to law, the
owner or owners of the real
property being subdivided shall
convey the underlying fee to all
public street rights -of -way to the
City and shall covenant in con-
nection therewith that the open
space or recreational area lots
shall be continuously main-
tained for the exclusive use and
benefit of occupants of the fam-
ily dwelling units in the sub-
division and that access and
automobile storage shall be pro-
vided, as required by Section
9256.12. Such covenants shall be
approved as to form and content
by the City Attorney, shall run
ORDINANCE 963—PAGE 1
0
J
with the real property in the
subdivision for the benefit of the
public street rights -of -way con-
veyed to the City in fee, and
shall be recorded in the office
of the County Recorder.
(b) To assure that the design
of the planned residential de-
velopment subdivision will be
permanent unless resubdivided
or reverted to acreage according
to law, and the permanent up-
keep, maintenance and payment
of taxes on the open space or
recreational area lots assured, it
is hereby declared that the City
has a lien on each of the lots
occupied by family dwelling
units in the subdivision for all
unpaid taxes and assessments
upon open space or recreational
area lots within the subdivision,
which said lien shall have
priority over all other liens on
such lots so occupied regardless
of the time of their creation."
SECTION 4. This ordinance
shall be published once in the
official newspaper of the City,
and the same shall be effective
30 days after the date of its
adoption.
This ordinance was introduced
at an adjourned regular meeting
of the City Council of the City
of Newport Beach held on the
15th day of May, 1961, and was
adopted on the 12th day of June,
1961, by the following vote, to
wit:
AYES, COUNCILMEN:
Kingsley, Atkinson, Cook,
Stoddard, Hart, Lorenz, Som-
ers.
NOES, COUNCILMEN: None.
ABSENT COUNCILMEN:
None.
JAMES B. STODDARD,
Mayor
ATTEST:
MARGERY SCHROUDER,
City Clerk
Publish: June 22, 1961
In the Newport Harbor Ensign
ORDINANCE 963—PAGE 2
STATE OF CALIFORNIA
COUNTY OF ORANGE I SS.
CITY OF NEWPORT BEACH
I, -. - -_ Margery_ Schrouder-................ --- ........... ............... City Clerk of the City of Newport
Beach, California, do hereby certify that the foregoing Ordinance
Y Y 9 9 - -- - -- - -- - - -- -- -
No ....... 63 .......... ........... was duly and regularly adopted, passed, and approved by the City Council
of the City of Newport Beach, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the .........12th day, of ...........June 19 61
by the following vote:
AYES: COUNCILMEN -- - -- -- -- -- -- - -- - - --- -
Kingsley, Atkinson, Cook, Stoddard, Hart,
- - -- -- - - -- - - -- -- - - -- — - - -
Lorenz, Somers
• None
NOES: COUNCILMEN ........... .... ......
•
None
ABSENT: COUNCILMEN -------- -.................................. ------------------------------------------------ -------- --- --------------------
Dated this- - ---24th-------- -day of -- -- ---- -- -- July --------•--•----------------------- -- -- --- ------- -- --- -- -- ------ ...... 19.61.-
NB 130 -500 12/56
City Clerk end Fxfficio CI rk of the City Council,
City of Newpo Beach, tats of California