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HomeMy WebLinkAbout94-29 - Amending Titles 19 and 20 of the Municipal Code so as to Eliminate Mandatory Review of Tentative Tract Maps by the City Council; to Eliminate the Mandatory Review of Final Tract Maps by the Planning Commission; and to add Review of Tentative ParceORDINANCE NO. 94 -29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AMENDING TITLES 19 AND 20 OF THE MUNICIPAL CODE SO AS TO ELIMINATE MANDATORY REVIEW OF TENTATIVE TRACT MAPS BY THE CITY COUNCIL; TO ELIMINATE THE MANDATORY REVIEW • OF FINAL TRACT MAPS BY THE PLANNING COMMISSION; AND TO ADD REVIEW OF TENTATIVE PARCEL MAPS TO THE POWER AND DUTIES OF THE MODIFICATIONS COMMITTEE (PLANNING COMMISSION AMENDMENT NO. 794) WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Titles 19 (the Subdivision Code) and 20 (the Zoning Code) may be amended by changing the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, the Subdivision Code, Title 19, of the Newport Beach Municipal Code currently empowers the Planning Commission to approve, conditionally approve or disapprove, Tentative Parcel Maps; and WHEREAS, the Subdivision Code, Title 19, of the Newport Beach Municipal • Code currently requires Planning Commission approval of Tentative Tract Maps and Final Tract Maps; and WHEREAS, it has been determined that the proposed changes to the Newport Beach Municipal Code is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations); and WHEREAS, consideration by the Modifications Committee to review Tentative Parcel Maps would provide a public hearing and notification of surrounding property owners; and WHEREAS, the Planning Department and the Economic Development . Committee, in order to streamline processing procedures, has recommended that the Subdivision Code, Title 19, be amended to empower the Planning Commission to review, approve, conditionally approve or disapprove Tentative Tract Maps; and to eliminate mandatory Planning Commission review of Final Tract Maps; and WHEREAS, the Planning Department and the Economic Development Committee, in order to streamline processing procedures, has recommended that the Subdivision Code, Title 19, be amended to eliminate the mandatory City Council review of Tentative Tract Maps; and WHEREAS, the Planning Department and the Economic Development Committee, in order to streamline processing procedures, has recommended the Zoning Code, Title 20, and the Subdivision Code, Title 19, be amended to empower the • Modifications Committee to review, approve, conditionally approve or disapprove tentative parcel maps. WHEREAS, pursuant to Section 20.84.030, on May 19, 1994, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 794, and at that time voted to recommend that the City Council approve the amendment; and WHEREAS, on .Tune 27 1994, the City Council of the City of Newport Beach held a public hearing regarding Amendment No. 794. NOW THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: • SECTION 1: Section 19.08.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.08.020 PLANNING COMMISSION AND MODIFICATIONS COMMITTEE DESIGNATED ADVISORY AGENCIES. The Planning Commission and the Modifications Committee of the City of Newport Beach, are hereby designated as the Advisory Agencies with respect to subdivisions as provided in the Subdivision Map Act. SECTION 2: Section 19.08.030 of the Newport Beach Municipal Code is hereby amended to read as follows: • 19.08.030 PLANNING COMMISSION AND MODIFICATIONS COMMITTEE POWERS AND DUTIES. The Planning Commission shall have all the powers and duties with respect to tentative maps and the Modifications Committee shall have all the powers and duties with respect to tentative parcel maps, and the procedure -2- relating thereto which are specified by law and by this Title. SECTION 3: Section 19.12.010 of the Newport Beach Municipal Code is hereby amended to read as follows: • 19.12.010 FILING OF MAP - FEE. Twenty (20) copies of a tentative map and statement of the proposed subdivision of any land shall be filed with the Planning Department at least twenty -seven (27) days prior to the meeting of the Planning Commission at which consideration is desired, together with a filing fee as established by Resolution of the City Council for any subdivisions except subdivisions containing less than five (5) lots. SECTION 4: Section 19.12.020 of the Newport Beach Municipal Code is hereby amended to read as follows: •19.12.020 TRANSMITTAL TO DEPARTMENTS AND SUBDIVIDER - REPORTS. The Planning Department shall transmit copies of such tentative map to the City Engineer and may transmit copies thereof to other departments as it deems advisable. Upon receipt of a copy of such tentative map, each department to whom or to which the same has been transmitted shall examine the map to ascertain if same conforms to the requirements coming within the authoritative scope of such department, and within ten (10) days after receipt thereof, each department shall make a written report to the Planning Department. If the map conforms to the requirements coming within its authorized scope, such department shall so state within its report to the Planning Department. If the map does not conform to such requirements or any of them, such department shall so state in the report, noting therein the particulars in which the map does not conform. Any report • or recommendations by the staff or departments on a tentative map to the Planning Commission or a tentative parcel map to the Modifications Committee shall be in writing and a copy thereof served on the subdivider at least three (3) days prior to any hearing or action on such map. -3- • • • SECTION 5: Section 19.12.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.12.030 SIZE AND SCALE. Tentative maps shall be 18 by 26 inches in size and a scale of 1 inch equals 100 feet, unless otherwise approved by the Planning Department, and shall be clearly and legibly reproduced. SECTION 6: Section 19.12.035 of the Newport Beach Municipal Code is hereby added as follows: 19.12.035 CONTENTS. The tentative map of a subdivision containing five or more lots and a tentative parcel map containing less than five lots shall contain the following information: (a) The subdivision name or number, date, north point, scale and sufficient description to define the location and boundaries of the proposed subdivision. (b) Name and address of record owner or owners of the subdivision. (c) Name and address of the subdivider. (d) Name, business address and number of the registered engineer or licensed surveyor, who prepared the map of the subdivision, if any. (e) Sufficient elevations or contours to determine the general slope of the land and the high and low points thereof. (f) The locations, names, widths and approximate grades of all roads, streets, highways and ways in the proposed subdivision and along the boundaries thereof. (g) The location and character of all existing or proposed public utility facilities • ,I u in the subdivision or on adjoining and contiguous highways, streets and ways. (h) The approximate widths, location and purpose of all existing or proposed easements. (i) Approximate lot lay -out and approximate dimensions of each lot and each to be numbered. 0) The outline of any existing buildings to remain in place and their locations in relation to existing or proposed street and lot lines. (k) Approximate location of all trees standing within the boundaries of proposed public rights of way. (1) Approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all water courses. SECTION 7: Section 19.12.036 of the Newport Beach Municipal Code is hereby added as follows: 19.12.036 ACCOMPANYING WRITTEN STATEMENT. The subdivider's statement to accompany tentative maps and tentative parcel maps shall be in written form and shall contain the following information: (a) Existing use or uses of the property. (b) If property is proposed to be used for more than one purpose, the area, lots or lot proposed for each type of use shall be shown on the tentative map. (c) Statement of the improvements and public utilities proposed to be made or installed and of the time at which such improvements are proposed to be -5- 0 completed. (d) Provision for sewerage and sewage disposal. (e) Public areas proposed, if any. (f) Tree planting proposed, if any. (g) Justification and reasons for any exceptions to provisions of this Title. A copy of any restrictive covenants proposed shall be attached to the owner's statement. SECTION 8: Section 19.12.040 of the Newport Beach Municipal Code is hereby amended to read as follows: • 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 four (4) copies of a surveyor's map of the subdivision showing the dimensions of the proposed lots, the payment to be established by Resolution of the City Council, and any other information deemed necessary with the Modifications Committee at least twenty -one (21) 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 Modifications Committee. • B. PUBLIC HEARING. Within 50 days following the certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 of the Public Resources Code, a public hearing shall be held by the Modifications Committee. C. REQUIRED 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. It shall be the responsibility of the subdivider to obtain and provide • to the City the names and addresses of owners as required by this section. In addition to the mailed notice, 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. D. APPROVAL. If the Modifications Committee 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 Committee Chairperson. • E. RECORDING. If the Modifications Committee 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 Modifications Committee. Such time limit extension shall be for a period not to exceed ninety (90) days. In the event that the map is not acted upon within the ninety (90) day period, the map shall be deemed disapproved. • G. DISAPPROVAL. If the Modifications Committee shall determine either that the map is not in conformity with the requirements of this title and all ordinances of the City, or that it is not satisfied with the plan of subdivision, it shall disapprove the map specifying its reason or reasons therefor, and the Chairperson of the Modifications Committee shall in writing advise the subdivider of such disapproval and of the reason or reasons for such -7- disapproval. Within fourteen (14) days after the Modifications Committee has disapproved any map, the subdivider may file with the Modifications Committee a revised map for the consideration of the Committee. Upon the refiling, the Modifications Committee shall set a date for public hearing and give notice in the manner prescribed in paragraph C hereof. • H. EXCEPTIONS. The Modifications Committee 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 Modifications Committee shall find the following facts with respect thereto: 1. That there are special circumstances or conditions affecting the property. 0 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 Modifications Committee 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 COMMITTEE FINAL. The action of the Modifications Committee in approving or disapproving the map shall become final in fourteen (14) days in the absence of any appeal, or in the absence of review by the Planning Commission or the City Council, except as provided in paragraph G. No map shall have any force or effect until the same has been approved by the Modifications Committee and recorded. • • J. APPEAL. The following procedure will apply for an appeal: Appeal to Planning Commission: 1. INITIATION OF APPEAL. In case the applicant or any other interested person is not satisfied with the action of the Modifications Committee, he may appeal in writing to the Planning Commission by filing a Notice of Appeal with the Planning Department within fourteen (14) calendar days following the decision of the Committee. 2. FEE. To partially defray the administrative costs of the City, the Notice of Appeal shall be accompanied by a fee as established by Resolution of the City Council. 3. DATE - NOTICE. The Planning Department shall set a date for public hearing and give notice in the same manner as prescribed in paragraph C hereof. Upon receiving Notice of Appeal to the Planning Commission, the written findings of the Modifications Committee shall be submitted to the Planning Commission together with all maps, letters, exhibits, and other documentary evidence considered by the Modifications Committee in reaching a decision. 4. DECISION. The Planning Commission shall render its decision within thirty (30) days after the filing of such appeal. Appeal to City Council: 1. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the City Council by filing a Notice of Appeal with the City Clerk within fourteen (14) days following said action. Said notice of appeal shall be accompanied by a fee as established by Resolution of the City Council. t • • 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 Planning 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 OR PLANNING COMMISSION. The Planning Commission or City Council, on their own motions, adopted by four affirmative votes, may elect to review any decision of the Modifications Committee approving an application for a tentative parcel map. The City Council on its own motion, adopted by four affirmative votes, may also elect to review any decisions of the Planning Commission approving an application for a tentative parcel map. In the case of a decision from the Modifications Committee, the Planning Commission's or City Council's right of review may be initiated at any time prior to the expiration of fourteen (14) days from the date on which the Modifications Committee renders its decision. Said review may be initiated by any member of the Planning Commission or the City Council by notification to the Planning Director. The Planning Director will thereafter impose a temporary stay of the Modifications Committee's action until such time as the Planning Commission or City Council shall meet and decide to exercise their right of review by four affirmative votes. In the case of a decision from the Planning Commission, the City Council's right of review may be initiated at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any application for a tentative parcel map 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 manner prescribed in paragraph -10- • C hereof. The City Clerk shall also give written 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 Planning 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. 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. M. REFERRAL TO PLANNING COMMISSION. In the event the Modifications Committee determines that a tentative parcel map should properly be heard by the Planning Commission, the Committee 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 chapter. SECTION 9: Section 19.12.050 of the Newport Beach Municipal Code is hereby repealed. SECTION 10: Section 19.12.060 of the Newport Beach Municipal Code is hereby repealed. SECTION 11: Section 19.12.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.12.070 SUBDIVISIONS CONTAINING FIVE OR MORE LOTS. • A. PUBLIC HEAR ING. The Plannin g Comm ssion s hall determine whether the tentative map is in conformity with the provisions of law and of this title, and within fifty (50) days following the certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from - 11 - the requirements of Division 13 of the Public Resources Code, shall hold public hearing prior to granting the approval, conditional approval or disapproval of the same and its reasons therefor. No approval shall be given to any map which is inconsistent with any applicable general or specific plans. • B. REQUIRED 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. It shall be the responsibility of the subdivider to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, 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. •C. EXTENSION OF TIME. The time limits for acting on the subdivision map as provided for in paragraph A 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 (90) days. In the event that the map is not acted upon within the ninety. �) day period, the map shall be deeded disapproved. D. APPROVAL. If the Planning Commission shall determine that the tentative 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 or conditionally approve the map. • E. DISAPPROVAL. If the Planning Commission shall determine either that the tentative map is not in conformity with the requirements of this title and all ordinances of the City, or that it is not satisfied with the plan of subdivision, it shall disapprove the map specifying its reason or reasons therefor, and the Planning Department shall in writing advise the subdivider of such disapproval and of the reason or reasons for such disapproval. S`-0 Within fourteen (14) days after the Planning Commission has disapproved any map, the subdivider may file with the Planning Commission a revised map for the consideration of the Commission. Upon the refiling, the Planning Commission shall set a date for public hearing and give notice in the manner prescribed in paragraph B hereof. • F. APPEAL TO CITY COUNCIL. The following procedure will apply for an appeal: 1. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the City Council by filing a Notice of Appeal with the City Clerk within fourteen (14) days following said action. Said notice of appeal shall be accompanied by a fee as established by Resolution of the City Council. 2. The City Clerk shall set a date for public hearing and give notice in the same manner prescribed in paragraph B 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 Planning 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. • G. 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 fourteen (14) days from the date on which the Planning Commission renders its decision. Said review may be initiated by any, member of -13- the City Council by notification to the Planning Director. The Planning Director will thereafter impose a temporary stay of the Planning Commission's action until such time as the City Council shall meet and decide to exercise its right of review by four affirmative votes. 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 B 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 Planning 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. SECTION 12: Section 19.12.080 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.12.080 DEDICATION OF PUBLIC AREAS - •RECOMMENDATIONS OR REQUIREMENTS. The Planning Commission may require the subdivider to set aside or may suggest to the subdivider the advisability of dedicating or setting aside suitable areas for parks, playgrounds and schools, and other public building sites that will be required for the use of the population which is intended to occupy the subdivision under the plan of proposed property uses therein. hi all cases, the Planning Commission shall require or suggest to the subdivider such measures as will make for excellence of residential, commercial or industrial development. SECTION 13: Chapter 19.16.010 of the Newport Beach Municipal Code is hereby amended to read as follows: • 19.16.010 PREPARATION AND FILING. Except as provided in Section 19.16.040, and within three (3) years after approval or conditional approval of the tentative map, the subdivider shall cause the subdivision or any part thereof to be surveyed and a final map thereof prepared in conformance with the tentative map as approved or conditionally approved. Twenty copies of the final map shall be filed with the Planning -14- • • Department at least twenty -seven (27) days prior to the meeting thereof at which consideration is desired. One (1) extension of time not to exceed two (2) years, may be granted by the City Council, providing written application is made by the subdivider within three (3) years after action on the tentative map. SECTION 14: Chapter 19.16.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.16.020 ADDITIONAL INFORMATION. At the time of the filing of the final map with the Planning Department, the subdivider shall also file therewith the following: (a) In the event any dedication is to be made for the public use, a preliminary title report issued by a Title Insurance Company, in the name of the owner of the land, issued to or for the benefit and protection of the City of Newport Beach, showing all parties whose consent is necessary of their interests therein, except where the land embraced in such subdivision is registered under the Land Registration Act (Torrens Act). If the land is so registered, a certified copy of the certificate of title shall be furnished. (b) The instrument prohibiting traffic over the side lines of a major highway, parkway, street or freeway, when and if the same is required under Section 19.20.060. (c) Sheets and drawings showing traverse closeups and the computation of all distances, angles and courses shown on the final map, ties to existing and proposed monuments, and adjacent subdivisions. SECTION 15: Chapter 19.16.100 of the Newport Beach Municipal Code is hereby amended to read as follows: -15- 19.16.100 REQUIRED CERTIFICATES. The following certificates and acknowledgements and all others now or hereafter required by law shall appear on the final map, such certificates may be combined where appropriate: (a) A certificate signed and acknowledged by all parties having any record title • interest in the land subdivided, consenting to the preparation and recordation of the map; provided, however, that the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interests are set forth on the map: 1. Rights -of -way, easements or other interests none of which can ripen into a fee. 2. Rights -of -way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical • use or value and which signature it is impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of the signatures shall be set forth on the map. 3. Any subdivision map including land originally patented by the United States or the State of California, under patent reserving interest to either or both of these entities, may be recorded under the provisions of this title without the consent of the United States or the State of California thereto, or to dedications made thereon. • (b) A certificate signed and acknowledged as above offering for dedication all parcels of land shown on the final map and intended for any public use, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants. -16- • (c) A certificate signed by the civil engineer or licensed surveyor responsible for the survey and final map. The signature of such Civil Engineer or surveyor unless accompanied by his seal must be attested. (d) A certificate for execution by the City Engineer. (e) A certificate for execution by the City Clerk. (f) A certificate for execution by the County Recorder. SECTION 16: Chapter 19.16.140 of the Newport Beach Municipal Code is hereby repealed. SECTION 17: Chapter 19.16.150 of the Newport Beach Municipal Code is hereby amended to read as follows: • 19.16.150 APPROVAL BY CITY COUNCIL. At its first regular meeting following the filing of the map with the Planning Department, or within twenty (20) days following the filing thereof, the City Council shall consider the map, the plan of subdivision and the offers of dedication. The City Council may reject any or all offers of dedication. If the City Council shall determine that the map is in conformity with the requirements of this title and that it is satisfied with the plan of subdivision, it shall approve the map. When the subdivider shall have filed with the City Clerk the agreement and provided the security described in Section 19.16.170, and when such agreement and security shall have been approved by the City Attorney as to form and by the City Manager as to sufficiency, the City Clerk shall transmit the map to the Clerk of the County Board of isSupervisors. When all bonds, money or negotiable bonds required under the provisions of this Chapter to secure the payment of taxes and assessments which are a lien on some part of the subdivision but which are not yet payable, have been deposited with and approved by the Board of Supervisors, the Clerk of the Board shall transmit the final map to the County Recorder. -17- If the City Council shall determine either that the map is not in conformity with the requirements of this title or that it is not satisfied with the plan of subdivision, it shall disapprove the map specifying its reason or reasons therefor and the City Clerk shall in writing advise the subdivider of such disapproval and of the reason or reasons for such disapproval. Within thirty (30) days after the City Council has disapproved any map, the • subdivider may file with the City Council a map altered to meet the approval of the City Council. In such case, the subdivider shall conform to all the requirements imposed upon him by this title when filing the first final map with the City Council and the same proceedings shall be had thereon as are prescribed by this title upon the filing of the first map with the City Council. No map shall have any force or effect until the same has been approved by the City Council and no title to any property described in any offer of dedication shall pass until the recordation of the final map. SECTION 18: Chapter 19.16.200 of the Newport Beach Municipal Code is hereby amended to read as follows: • 19.16.200 DEED RESTRICTIONS. A copy of the Deed Restrictions applicable to, the subdivision shall be filed with the Planning Department at the time of filing final map. SECTION 19: Section 19.36.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.36.010 INITIATION OF APPEAL. Appeal may be made to the City Council from any decision, determination or requirement of the Planning Director, Building Director and /or City Engineer in conjunction with the consideration of a tentative • map or a tentative parcel map. An appeal shall be initiated by filing a notice thereof in writing with the City Clerk within fourteen (14) 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. I" SECTION 20: Section 19.36.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 19.36.020 REPORT OF FILING OF APPEAL. The City Clerk shall report the filing of such notice to the Planning Department, Building Department and Public •Works Department. A written report shall be submitted to the City Council by the parry whose decision, determination or requirement is upon appeal. SECTION 21: Section 20.81.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.81.020 POWER AND DUTIES. Whenever a strict interpretation of the provisions of Title 20 of this Code, or its application to any specific case or situation would preclude a reasonable use of property not otherwise permissible under existing regulations, the Modifications Committee may grant approval of such modifications relating to: required building setbacks in front, side or rear yards; heights of walls, hedges or fences; • distances between buildings; area, number and height of signs not requiring an Exception Permit; structural appurtenances or projections which encroach into front, side or rear yards; location of accessory buildings on a building site; the construction or installation of chimneys, vents, rooftop architectural features and solar equipment in excess of permitted height limits; size or location of parking spaces or access to parking spaces; swimming pool and swimming pool equipment encroachments; roof parking of automobiles; minor modifica- tions and improvements to nonconforming buildings; lot line adjustments; tentative parcel maps; and such items as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council. The Modifications Committee shall also pass upon all requests to extend existing use permits which have been • approved by the Planning Commission and exercised by the applicant. SECTION 22. 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. -19- SECTION 23. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of June 1994, and was adopted on the 27th day of Jane 1994, by the following vote, to wit: AYES, COUNCIL MEMBERS SANSONE, • WATT, TURNER, HART, COX, DERRY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES A MA • -20-