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ORDINANCE NO. 937 <br />AN ORDINANCE OF THE CITY <br />OF NEWPORT BEACH <br />AMENDING SECTIONS 9106.53 <br />AND 9106.54 OF THE NEW- <br />PORT 'BEACH MUNICIPAL <br />CODE'RELATIN'G TO PLAN- <br />NING AND ZONING. <br />The City Council of the City of <br />Newport Beach does ordain as <br />follows: <br />SECTION 1. Section 9106.53 of <br />the Newport Beach Municipal <br />Code is amended to read: <br />"SECTION 9106.53. Action <br />by Planning Commission. <br />(a) Following the afore- <br />said hearings the Planning <br />Commission shall approve or <br />disapprove - the proposed <br />amendment. If approved, the <br />Planning Commission shall <br />make and file a report of its <br />findings and recommenda- <br />tions with the City Council. <br />The Planning Commission <br />shall make its decision and <br />file its report no later than <br />ninety (90) days after the <br />first published notice of the <br />Planning Commission hear- <br />ing unless such time limit <br />is extended upon the mutual <br />agreement of the parties <br />having an interest in the <br />proceedings. Failure of the <br />Planning Commission to take <br />action on • the p r o p o s e d <br />amendment or failure to re- <br />port within said time limit <br />shall be deemed to be ap- <br />proval of the proposed <br />amendment by the Planning <br />Commission. <br />(b) If the proposed amend- <br />ment Is disapproved, no fur. <br />ther action shall be taken <br />thereon unless an appeal is <br />filed in writing with the City <br />Council within fifteen (15) <br />days after such disapproval." <br />SECTION 2. Section 9106.54 of <br />the Newport Beach Municipal <br />Code is amended to read: <br />"SECTION 9106.54. Action <br />by City Council. <br />(a) Upon receipt of such <br />report from the Planning <br />Commission, or upon the ex- <br />piration of the time limit <br />- p.rescri' bed in Section <br />:9106.53(a), or upon the filing <br />_of any appeal, the City Coun- <br />cil shall set the matter for <br />one public hearing giving <br />notice thereof as ,provided by <br />law. Notice shall also be <br />given to the Planning Com- <br />mission of such appeal, and <br />the Planning Commission <br />shall submit a report of its <br />findings and recommenda- <br />tions to the City Council set- <br />ting forth the reasons for the <br />decision of the Commission <br />or the Commission shall be <br />represented at the hearing. <br />After the conclusion of such <br />hearing, the City Council <br />may adopt or reject the pro- <br />posed amendment, or any <br />part thereof, in such form as <br />said Council may deem to be <br />advisable, or the Council may <br />refer the matter back to the <br />Planning Commission f o r <br />further study and recom- <br />mendation. <br />(b) The decision of the <br />City Council shall be render- <br />ed within sixty (60) days <br />after the receipt of a report <br />and recommendation of ap- <br />proval from the Planning <br />Commission or after the ex- <br />piration of the time limit <br />prescribed in Section <br />9106.53(a), or within sixty <br />(60) days after the filing of <br />any appeal." <br />'SECTION 3. This ordinance <br />shall be published once in the <br />official newspaper of the City, <br />and the same shall be effective <br />30 days after the date of its <br />adoption. <br />This ordinance was introduced <br />at a regular meeting of the City <br />Council of the City of Newport <br />Beach held on the 12th day of <br />September, 1960, and was adopt- <br />ed on the 26th day of September, <br />1960, by the. following vote, to <br />wit: <br />AYES, COUNCILMEN: Kings. <br />ley, Atkinson, Cook, Stod- <br />dard, Hart, Lorenz, Somers. <br />NOES, COUNCILMEN: None. <br />ABSENT COUNCILMEN: <br />None. <br />JAMES B. STODDARD <br />Mayor <br />ATTEST: <br />MARGERY SCHROUDER <br />City Clerk <br />Publish: Sept. 29, 1960 <br />In the Newport Harbor Ensign. <br />