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HomeMy WebLinkAbout1059 - Use Permits Variances & Appeals_ LEGAL NOTICE ORDINANCE NO. 1059 AN ORbINANCE OF THE CITY OF NEWPORT BEACH RENUMBERING STATE OF CALIFORNIA ) t AND AMENDING CERTAIN SEC- TIONS OF, AND ADDING CERTAIN ) SS. SECTIONS TD, ARTICLE IIP OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO USE PERMITS, VAR- COUNTY OF ORANGE ) IANCES AND APPEALS The City Council of the City of New - 'Part Beach does ortlaln As follows: SECTION I. Section 9106.21 of the Newport Beach Municipal Code is amended to read: "SECTION 9106.21. Application. i� (a) Applications for Use Permit 1 upyineska being first sM1all b¢ Illetl in the office of the __.-...-...-..--..-...------------------- .._..- ______._y Planning Department in writing on l , ------- __—m.p_ • forms prescribed by the Commission I and shall be accompanied by a fee of Thirty Dollars (53800) And by plans duly sworn and on oath, depose and say that I am end elevations necessary to show the detail 0 the Proposed bi jldino er a(b the Advertising Director of the Ibl Application for a Use Permit _.-,---_-----_--_--_--- _-------- ____... ...---- .------ _--- — --- - _. - -. - -. may a made M the owner, lessee, Af cted. Of the gyner of the be far. atr¢dQtl. Said application shall be sigry ad by the record owner or the lessee, Newport Harbor News Press -DAILY PILOT, a news - or may be signed by an agent of the owner if written author7xerion from the record owner is filed with the appri- cario ^" paper of general circulation in the City of Newport SECTION 2. Section 91069] is added to the Newport Beach Municipal Code to read: SECTION 97 °692. Dalegario^ of AP- Beach, County of Orange, State of California, and thorny to Planning Director. (e) The Planning Commis37on may delegate to the Planning Director an City Ordinance Number 10$9 thorny to act on any specific class that .. - -._ o Use Permit. Such delegation Formal of authority shall be made . formal ano Shal of the Planning Commiasion and shall be subject ncil. T confirmation by the C71Y Council. The Withdrawal ._..__...._____..__.__-_..-_._.-__..__.--..._._ --------- _._...--...... _...- _.- . ---------- _------------ Of the authority so delegated to the Planning Director may be accomplISh- so in the same manner a, the author- of which the copy printed hereon is a true and com- 1tY was orl9lnally gelegated or by formal resolution of the City Council alone. ccr The Planning decline Director may In his plate copy, was printed and published in the regu- tlixretion tlecllne fo act or any aeplica- ,Inn for a Use Permit over WEich he has been prented jurisdiction and J may refer the aoplleetion to the Plan- lar Issue (s) of said newspaper on nine Commission for its decision.t SECTION Roach Section' 91l C of the Nmende by Ordinance 111 a, September 30 196 ._. amended by Section , a. 901 a re- _ !_, - - -� 1. read: atl Section 9706. i5, aM mended -"'--'"'"-'"--"'"""---""""-"-"-"--""-""-""-"--""'-"------- q reed: SECTION 9706,2h Public Hearings. .Ic nNo e public hearings g need be held in connection with 1h --"-'--- --- --- e grant or denial Of vid application tht th for a Use Permit; $ran a that the Planning old such 30t abl May In their tli,trmmn m 9gtM1 Subscribed and sworn to before me this Y.11..- ....... Public hearings as they -'-"' -"---' able. `deem ativis- (b) When a public hearing is deem snail biable, notice Pt wch hearing day o{ eft embed _________._________.________ -� 196 ----- ...- given by Publication "' " "" he official newspaper of the City and by / hen,! 2 .,aid cosies In n01 less than to the n ,the tv at least fen (10) pave - .--- . - - -_.. .e.- .- ...._..... - -._.. - .....- -._ S,nd, �'rp the hearing_ a by mailing NO ry P lic in and Or t1yB County _ said (3)da, pPrior thejlei, at least a l �v (6l rays A m sa names d of ran ,State of California �i�pperty �wrw<Weaa games and nfipear on the latest 7thpred - Uz roll as owning hundred within - f"Ill'ce of three hundred (?00) feat _ from tba ezterior houndaries of appli- n:nt'a property. JQ�APH. E. DAVIS My Commission expires �Y_Compusslun Expires June, st 21, 1 STATE OF CALIFORNIA COUNTY OF ORANGE )SS- CITY OF NEWPORT BEACH ) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that the foregoing --------------- OX:jJ14A4PQ --------------------------------------------------------- No. . - - 1059- - - - 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 ..23d- ------- day, of -• 25@ pten} bex ------------------------------- 19 63 - - -- by the following vote: AYES: COUNCILMEN ,-- Stoddard, -- Gruber,_ - Cook,- Hart,- Lorenzf Marshall, Elder NOES: COUNCILMEN . - - - - -- None -`= ---------•-- ------- ---- -•--•-----------•--- ... -- - -- ABSENT: COUNCILMEN ­­- XRne ........................ Dated this ----- 4d. - - -. day of ---- ...Octobe3 63 d 1 /9 - CHI Cle of the ity of Newport Beach, state of California (C) Urnn the Jate ref for a Puhllcr hearine befurc the Planning CommisII sion or an appeal before the City Council. the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing Is announced In open meeting." SECTION 4. Section 9106.93 of the Newport Beach Municipal Cede As amended by Ordinance No. 940 is renum. bered Section 9106.44 and amended to read: "SECTION 9106.94. Action by Pled. nine Commission. Planning Citation or City Council. (a) In order to grant any Use Par - mit. the Planning Commission. the Planning Director. or the City Council' In acting on appeals. shall find that the establishment. maintenance or op- eratimi of the use or but laing applied r tnr will not. under the circumstances If the particular, case. be detrimental) to the health. safety. peace. morals. comfort and general welfare of per- sons residing or working in the Poiglh- borhaod of such Proposed use or M detrimental or inturl.ts to property and Improvements in the nelghbor- he" or the general welfare of the city. to) The Planning Commission. Plan- ning Director or the city Council In acting on appeals. may Impose such conditions in connection with the grant- lug of a Use Permit as they deem necessary to secure the purposes at this Article and may require guarm- tees and evidence that such cartel. tons are being or will be Compiled with. Such conditions may Include requirements for off-street parking fa ciiltios as determined In each case. In the event of an appeal to the City Council from a decision of the Plan- ning Commission or the Planning Of. rector granting or denying a Use Per- mit. the Planning Commissi0n or the Planning Director shall file wild the City Council prior to the hearing of in,, appeal Written fintlings setting 'oral the reasons for the decision. (c) After the conclusion of the hear - Ina on any application for a Use Per- mit. the Planning Commission or the Planning Director shall render a us. Ck.lon within thirty -Nee (35) days. Use Permits shall not become effec- Gve for fifteen I15) days after being granted. and In the event an appeal Is flied said permit shall not become effective unless and until A derision granting said Use Permit is made by the City Council on such appeal. The granting of any Use Permit. when conforming to the prov lstons of this Chapter. is hereby declared to be nn administrative function. the authority and responsibility for performing which is .imposed upon the Planning Com- mission and the Planning Director antl the action thereon by said Planning Commission or Planning Director shall be final and conclusive except In the l event of an appeal as hereinafter Pro - vided :' SECTION 5. Section 9106.94 of the New- . Port Beach Municipal Code as amended by Ordinance No. 901 Is renumbered Sec ton 9106.95 and amended to read: "Section 9106.95. Appeal — Use Permits. (a) In case the applicant or any other Person. firm or corporation Is not satisfied with the action of the Planning Commission or the Planning Director. he may appeal In writing to the City Council by filing a notice) of appeal with the City Clerk vvihin fifteen (15) days following sold action, I (b) The City Clerk shall set a date for public hearing and give Police in the manner Prescribed in Section 9106.93 W. The City Clerk shall rally 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 Com- mission or the Planning Director If the • appeal is from a decision of the Plan. ' sing Director. Upon receiving notice of an appeal to the City Council. the written findings M the Planning Corn- mission or the Planning Director shall be submitted to the City Council. to Rather with all maps. letters. exhibits. asp other documentary evidence cam sidered by the Planning Commission or the Planning Director in reaching a decision. (c) The City Council shall render Its decision within sixty (60) days after the filing of such appeal :' SECTION 6. Section 910635 of the Newport Beach M u n I c I p a l Cade as amended by Ordinance No. 635 Is re- numbered Section 9106.96 and amended to read: "SECTION 9106.96. Effect. No building or zoning Permit or car. fificate of occupancy shall be issued In any case where a Use Permit is required by the terms of this Article unless and until such Use Permit has been aranfed by the Planning Cam. missldn or Planning Director or by the affirmative vote of the City Council on appeal and then only in accord. ance with the terms and conditions 'of the Use Permit granted." SECTION I. Section 9106.31 of the. i Newport Beach M u n t c I P a I Coda is amended to read: "SECTION 9106.31. Application. (a) Applications for variances shall be made in writing and filed in the office of the Planning Department on forms Prescribed by the commission and shall be accompanied by a filing fee of Fifty Dollars ($50.00) if a pub lic hearing is deemed necessary by the Planning Director or Fifteen Dollars ($15.00) if a Public hearing is net re. quired. (b) Application for a variance may be made by the owner. lessee. or agent of the owner of Me, property Affected. Said application shall Te signed by the record owner. lessee. or may be sign. ed by An agent of the owner if writ- ten authorization from the record own- or is filed with the application. (c) The application shall. in addi. fion. be accompanied by a statement. plans and evidence stewing: (U That there ar exceptional or extraordinary eircurtrsrances Applying to the land. building or use referred to in the application. which circum. stances • Ceda'Irinn'i do not apply genar:.11y la land, bundle., and/or uses in the same di,iricf. O1 That the 9ranhng n+ 5nru cation is necessary Irr then a:,e•v* . than and enlovment of sub5tanfia! Prad Arty rights of the applicant. (3) That the granting of such appll. Callon will not. under the circum- stances of the particular case. materi- ally affect adversely the health or safety of persons residing or worklno in the neighborhood of the Property of the applicant and will not under the circumstances of Me Particular Case be materially detrimental to the Public welfare or inlurious to prnperN or Improvements in sold nelghhnr- hood:' SECTION a. Section 9106.39 Is ednad to the Newport Beach Municipal .,dt to read: 'SECTION 9106.39. Delegation M Au. thority to Planning Director. (a) The Planning Commission may delegate to the Planning Director Au- thortiv to act on any specific close At varmnca. Sued, delegation of au @0ril, shall be mall, by forms? resolution dl the Plannlna Commission and shall N sublect to confirmation by the City Council. The withdrawal of the author thy s0 delegated in the Planning D; rector may be accomplished in the same manner as the authority originally delegated or by formal re m lufion t-4. the City Council alone. (b) The- Planning Director may .r. his discretion decline to act an any application for a variance over which he has been granted turledicille, end may refer Me application to the Plan Plop Commission for Its decision.- SECTION 9. Section 9105.39 of the Newport Beach M u n i c i p a l Code a•. amended by Ordinance ". lot Is ranum hared Section 9106.33 and amended to read: "SECTION 9106.33. Public Hear)nas. la) A Public hearing whali be held Ni ell variances. except as oihervlse oroeidW In MI6 Chapter; within ithln stxiv (a01 days after filing of the apolice- lion, vulee of which shall At given by oublitbflon In the official news Papa, Of the City and by Posting said Police In not less then two (9) conspicuous Places on or close to the property au. fatted at least fen (10) days grid to the heating Or: by mailing -said notice, Postage Prepaid. at N,AM five (5) days prior to hearing td'alf.prnn Arty owners whose names , and a,, Creases OPPeae an., the tafe6t arhataA I.. roll as, ownin e property within distance tH fire,' hundr,d (300) het from file extorter bmandarles of AdIn4 cant's Property: provlded• Om +RVe" that Public. , Itearings need nit' hA held On aPPlicellare over which nn4- dictlon has" open .delegated to the N POnina Director. (b) Upon Me dale, set for a publk hearing or an appeal to the Cuv 7.0o 1. Me Planning Commbehe + the City' Council may continue +he hearing to another date Without giving further- notice thereof 'it the page of the Continued hearing is announced In open' meeting :' SECTION it Section 9106.33 df Me Newport Beach. Municipal Crap as amended by Ordinance No, .940 is w numbered Section 9106.34 and amendsN to read: "SECTION 9106.34. Action by Plana Pitta commission. Pl ... left Chant". nr City Council (a) 3n order M grant any vglar­. the findings of the Planning Con, mission. the Planning pirector or fir- City Council in action on Appee P., shall be that the applicant has a tabllshed the grounds Par vdrtance at' forth in Section 9106.31 (c) (1). pi, and (3) . (b) The Planning Commission. Plan M ng Director. or City Council In er1 Ina on appeals. may designate surh conditions in connection with the grant Ina of a variance ag they deem race, sary to secure the purposes of ihl:•. Article. antl may reouire such Slashed. tees and evidence that such Condition, are being or. will be compiled with. Such conditions may include. reculre- ments for off- street parking faclittie6 as determined in each case. (c) Alter the conclusion of the M d, Ina on any application for a variance, the Planning Commission or the Plan- ning Director shall render a decision within thirty -five (35) days following the close of the hearing on the appll- CoHen. A variance shall not became effective for fifteen (15) days after being granted. and in the overt an nPPeal is flied slid varta0,C shall not become effective unless And until a decision granting said variance In matle by the City Council on such appeal. The framing of any variance. when conforming to the Provisions of this Chapter. is hereby declared to Is Lan admMistriflve, function. fho in or Planning and conclusive an appeal as Newporfuneeach auction l63 the ag amended by Ordinance No. 901 is ra- numbered Section 91 %.35 and amend - Pd to read: "SECTION 9116.35. Appeal . Vari- ances. (a) In Case the applicant or any person. firm or carperatton is not satisfied with the action of the Plans. nine Commission or the Planning nl- rector. he met 4pna_1 hC 6he YIR+ Council by still P "rlllon nnfc. d appeal with the City Clerk y -tfhin fir - teen (15) days after the decision i^ made. (b) The City C!arfa shall set a da7a for Puhlic hslrinp of the appeal and neT1 - , -UlrAd in Section 9106.33. The City Clark shall notify the appealing party of the eats act for the appeal antl shall also notify fhe Planning Commission if the anneal is• from s decision of the Planning Com- mission or the Planning nlrector if thr appeal is from a deeleion of the Planning Director, Upon receiving notice of an oppcal to the City Counrif the written findings of the Planninat Commission or the Planninp Director shall be submitted to the City Could. cll. together with all maps. left,, exhibits and other documentary tvb. pence considered by the Planning Con., muffins or the Planning Director In' reaching 8 decision. (c) The City Council shall render Its decision within sixty (60) days ffar as of the Cade Ae 901 le r•- la. fine ordinance shall b4 Published once in the 01 newspaper of the City. and the same shall W. affective 30 days after the data N IN adoplton. This ordinance WAS introduced at If regular meeting of the City Council M the City of Newport Beach held nn tba 10th day of September. 1 %3. and •v militated on the 93rd tlay of Seaton`-," 1963. by the following vote, to a•,1 AYES. COUNCILMEN: Shoos.re Gruber. Cook. Mort. Lorenz. MA, Elder. NOES. COUNCILMEN: None ABSENT COUNCILMEN: Nal:s CHARLES E, HAPr Mayor ATTEST: MARGERY SCHROUDER City Clerk Published Newport Harbor %I : z• Press, Newport Beach, calif.. Sept '. 1963 nit,,,;