HomeMy WebLinkAbout1501 - Balboa Peninsula Building PermitsM
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NO. 1501
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH EXTENDING ORDINANCE NO. 1490 PROHIBITING
THE ISSUANCE OF BUILDING PERMITS FOR ALL CON-
STRUCTION ON THE BALBOA PENINSULA EXCEPT FOR
PERMITTED USES IN THE R -1 AND R -1.5 DISTRICTS,
EXEMPTING THE C -1 DISTRICT, AND PROVIDING FOR
EXCEPTIONS BY OBTAINING A USE PERMIT
WHEREAS, on February 12, 1973, the City Council of
the City of Newport Beach adopted Ordinance No. 1490 pro-
hibiting the issuance of building permits for any new construc
tion in the R -2, R -3 and R -4 Districts located in the Balboa
Peninsula areas without first obtaining a use permit, except
for uses permitted by the R -1 District and R -1.5 uses in the
R -2, R -3 and R -4 Districts; the C -1 District was exempt from
the provisions of the ordinance; and
WHEREAS, said ordinance was adopted pursuant to the
authority of Section 65858 of the California Government Code,
which authorizes the adoption of interim zoning ordinances as
emergency measures prohibiting uses which may conflict with a
zoning proposal which the legislative body is considering; and
WHEREAS, Section 2 of Ordinance No. 1490 provides
that said ordinance shall be effective for a period of 120 days
from the date of its adoption, which effective period terminates
on June 13, 1973; and
WHEREAS, the City Council has held a public hearing for
the purpose of considering the extension of Ordinance No. 1490
and has found and determined that it would be in the best interest
of the citizens of Newport Beach to extend the interim construc-
tion prohibition on the Balboa Peninsula pending the adoption
and implementation of the City's General Plan which is under
current study by the Planning Commission and the City Council;
NOW, THEREFORE, the City Council of the City of Newport
Beach DOES ORDAIN as follows:
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Section 1. The building prohibitions and restric-
tions as set forth in Ordinance No. 1490 are incorporated
herein by this reference and will continue to apply to all
properties on the Balboa Peninsula as that area is described
in Ordinance No. 1490.
Section 2. This ordinance shall be effective for
a period of eight months from the date of adoption, or until
the General Plan for the Balboa Peninsula is adopted and
implemented, whichever shall occur first.
Section 3. Should the eight month period expire,
this ordinance may be extended for an additional period of
one year, after proper- nnotice, a public hearing and a four-
fifths vote -of the City Council.
Section 4. This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety and welfare for the reasons
as stated herein, and if adopted by a four - fifths vote of the
City Council shall take effect immediately upon its adoption.
Section 5. This ordinance shall be published once
in the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council
of the City of Newport Beach, held on the 29th day of May ,
1973, by the following vote, to wit:
CERTIFIED AS THE ORIGG'AL AND
CERTIFIED AS TO PJSLiCATION
MAY 31 1973
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127Y CLERIC OF THE CITY OF NEW W PO EACH
ATTEST:
City 'Clerk
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AYES, COUNCILMEN: McInnis, Rogers,
Croul, Dostal, Kymla, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
DON dm
5/30/73