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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