HomeMy WebLinkAbout86-8 - Amending the Provisions of Section 20.87.090 of the Newport Beach Municipal Code as It Pertains to the Definition of the Term "Building Site" And the Provisions for Waiver of Combining Requirements Where Existing or New Buildings Are Planned to CroORDINANCE NO. 86 -8
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING THE PROVISIONS OF SECTION 20.87.090
OF THE NEWPORT BEACH MUNICIPAL CODE
AS IT PERTAINS TO THE DEFINITION OF THE TERM "BUILDING SITE"
AND THE PROVISIONS FOR WAIVER OF COMBINING REQUIREMENTS
WHERE EXISTING OR NEW BUILDINGS ARE PLANNED
TO CROSS EXISTING PROPERTY LINES
(Planning Commission Amendment No. 633)
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. Section 20.87.090 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.87.090 BUILDING SITE. The term "building site" shall mean a
subdivided lot, parcel of land or contiguous combinations thereof which is
occupied or intended to be occupied by a main building or buildings and their
accessory buildings, together with such yards and open space as are required by
the terms of this Title and the Uniform Building Code, and which fronts
directly upon or has permanent access to a street as defined under Section
20.87.090 of this Title and required by the Uniform Building Code.
• A. COMBINING OF LOTS AND PARCELS REQUIRED. Where said building site
contains a lot, a parcel or combination of lots and /or parcels which, because
of their individual size, configuration or location, are insufficient to meet
the requirements of this Title as a separate building site; or where a building
crosses or is planned to cross an existing property line, no new construction
or alteration to a single - family dwelling or duplex in excess of $5,000.00 in
any one year period shall be permitted until such time as the owner or owners
of said lots or parcels has caused to be executed and recorded a covenant and
agreement to hold said lots or parcels as a single building site. Said
covenant and agreement shall have been approved by the City Attorney as to form
and the Planning Director as to content. In the case of all other forms of
development, no new construction or alterations to existing structures in
excess of $5,000.00 in any one year period shall be permitted until such time
as said lots or parcels shall have been resubdivided into a single building
•site.
B. WAIVER OF COMBINING REQUIREMENT. Where new buildings are planned to
be built or where existing buildings have been found to be constructed over
existing lot lines and where said building site is found or intended to be
under multiple ownerships or a combination of ownerships in fee, leasehold, or
other estate in real property, the requirement for a covenant and agreement or
a resubdivision as required in Subsection A may be waived by the Planning
• Commission upon findings that the estate in the real property is of sufficient
•
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length to guarantee that the lots or parcels which constitute the building site
will be held as a single entity for the economic duration of the building
improvement to be placed on the site, and that all other requirements of the
Newport Beach Municipal Code and policies of the City which otherwise would be
accomplished by the combining of said lots and /or parcels can be met. The
Planning Commission or City Council, on appeal, may impose such conditions as
deemed necessary to secure the purpose of this Title.
This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 14th day of April, 1986, and
was adopted on the 28th day of April , 1986, by the following vote:
ATTEST:
CITY CLERK
WRL /kk
CC16
AYES, COUNCILMEMBERS Agee, Cox, Hart,
Heather, Maurer, Plummer, Strauss
NOES, COUNCILMEMBERS
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