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HomeMy WebLinkAbout92-7 - Amending Title 20 of the Municipal Code so as to Add the Following Items to the Power and Duties of the Modifications Committee: the Number of Signs Regulated by the Municipal Code; the Location of Accessory Buildings on a Building Site; and the inORDINANCE NO. 92 -7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO ADD THE FOLLOWING ITEMS TO THE POWER AND DUTIES OF THE MODIFICATIONS COMMITTEE: THE NUMBER OF SIGNS REGULATED BY THE MUNICIPAL CODE; THE LOCATION OF ACCESSORY BUILDINGS ON A BUILDING SITE; AND THE INSTALLATION OF ROOF -TOP ARCHITECTURAL FEATURES • AND SOLAR EQUIPMENT IN EXCESS OF PERMITTED HEIGHT LIMITS. (Planning Commission Amendment No. 748) WHEREAS, Title 20 of the Newport Beach Municipal Code currently requires Planning Commission approval, by either Exception Permit or Planning Commission Review, of minor deviations from the Code requirements described above; and WHEREAS, consideration by the Modifications Committee of the above noted Code deviations, would provide a public hearing and notification of surrounding property owners; and WHEREAS, the Planning Commission requested that Planning Department staff revise language in the Zoning Code with respect to the power and duties of the Modifications Committee; and • WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, on March 5, 1992, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 748; WHEREAS, on April 13, 1992, the City Council of the City of Newport Beach held a public hearing regarding Amendment No. 748. NOW THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: Section 1. 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 installation of 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 modifications and improvements to nonconforming buildings; lot line adjustments; specialty foods permits; 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 2. Section 20.06.090 of the Municipal Code is hereby amended to read as follows: 20.06.090 EXCEPTIONS. A. Planning Commission shall have the authority to issue Exception Permits, under the procedure hereinafter provided, allowing deviations from the provisions of this Chapter which apply to roof signs, off -site signs and the prohibition of flashing or animated electrical signs, wind signs, moving signs and any •other outdoor sign not expressly permitted in this Chapter. Exceptions shall not be granted for any of the following provisions of this Chapter. 1. The limitation on the distance a sign may project over public property. 2. The prohibitions against a sign, signal or device which imitates or resembles an official traffic sign or signal or attempts to direct the movement of traffic or hides from view any official traffic sign or signal. 3. The prohibition against any device which directs a beam of light in a flashing sequence toward a street or highway or any electrical sign or device that 01 interferes with the visibility of any official traffic control device or warning signal. B. In order to grant an Exception Permit, the Commission must find that the granting such permit is necessary to protect a substantial property right, will not be contrary to the purpose of this Chapter as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. C. APPEAL. In case the applicant or any other person is not satisfied with the action • of the Planning Commission, he may within twenty-one (21) days appeal in writing to the City Council. Section 3. Section 20.06.100 of the Municipal Code is hereby amended to read as follows: 20.06.100 MODIFICATIONS. The Modifications Committee may grant modifications to the height, number and area of signs not requiring an Exception Permit or limited by Planned Community District regulations. Section 4. Section 20.02.061 of the Municipal Code is hereby amended to read as follows: 20.02.061 ARCHITECTURAL FEATURES AND SOLAR •EQUIPMENT. Architectural features such as, but not limited to, cupolas, weathervanes, wrought iron railings, and other decorative roof -top features of an open nature, and solar equipment, may be permitted in excess of permitted height limits subject to the approval of the Modifications Committee. Section 5. Section 20.10.030 of the Municipal Code is hereby amended to read as follows: 20.10.030 ACCESSORY BUILDING - YARDS. In case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall with the main building and shall comply in all respects with the requirements of this Title applicable to the main building. Unless so attached, an accessory building in an "R" District shall be located on the rear one -half of the lot. A detached accessory building may be built to within 1 foot of one of the side lot lines provided further that said side lot line is not adjacent to the corner of any intersecting street right of way and alley. Such accessory building shall not be located within 5 feet of any alley or within 5 feet of the sideline of any alley or within 5 feet of the sideline of the front one -half of any adjacent lot, or, in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot. In the case of a lot abutting on two or more streets, no building shall be erected closer to the property line than the front yard setback established on either street. In any case where the rears of lots normally border streets and the fronts of the lots face a common walkway, the main structure and /or accessory buildings may be constructed within 5 feet of the rear property line. In the case • of subdivisions where lots or building sites are laid out or planned to border a street and overlook a waterway, beach or bluff, the portion of such lots bordering the street may be considered the rear yard for purposes of location, construction or maintenance of main or accessory building, provided, that all of the lots in a block conform to this pattern. In all such cases, the required setback from the street shall be a minimum of 5 feet and the normal front yard requirements shall apply to the portion of such lots adjacent to any waterway, beach or bluff, except that such front yards may exceed the maximum of 35 feet permitted in residential districts. Section 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official • newspaper and shall be effective thirty (30) days after the date of its adoption. Section 7. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 23rd day of March , 1992, and was adopted on the 13th day of April , 1992, by the following vote, to wit: AYES, COUNCIL MEMBERS BEDGES, WATT, NOES, COUNCIL MEMBERS NONE