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HomeMy WebLinkAbout1459 - R-2 District Development Standardss • NO. 1459 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R -2 DISTRICT ON BALBOA ISLAND WHEREAS, most of the properties on Balboa Island are zoned in the R -2 District; and WHEREAS, the construction of two detached single - family dwellings, or one duplex, is a permitted use in the R -2 District; and WHEREAS, in many instances all stories of buildings on R -2 lots have been constructed to the full buildable area of the lot; and WHEREAS, the rapid growth of the City of Newport Beach has created increasing pressures for intensive development and re- development of the R -2 properties on Balboa Island; and WHEREAS, said intensive development and redevelopment of said properties on Balboa Island have resulted in and will continue to result in an overcrowding of buildings into the ex- tremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and the Planning Commission have initiated planning studies to develop adequate development standards for the multiple residen- tial properties in the R -2 District on Balboa Island and elsewhere in the City of Newport Beach; and WHEREAS, Section 65858 of the California Government Code specifically 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 412 of the Newport Beach City Charter authorizes the adoption of ordinances as emergency measures when declared by the City Council to be necessary in preserving the -1- public peace, health and safety; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code and pursuant to its.powers as set forth in Section 412 of the City Charter; NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties in the R -2 District on Balboa Island: A. BUILDING HEIGHT LIMIT (1) For dwellings, the building height limit shall be two stories, but not exceeding twenty -eight feet. (2) For accessory buildings, the building height limit shall be fifteen feet. B. SITE AREA AND DWELLING AREA (1) Family Unit in any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any building site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed pro- vided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. (2) Duplex Area. The second family unit in any duplex shall have a maximum area of 800 square feet. C. SITE AREA COVERAGE The maximum building site coverage per- mitted for aggregate buildings shall be full coverage, less required front, side and rear yards. D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty feet, with a maximum of -2- u thirty -five feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three feet wide on building site forty feet wide or less, or four feet on lots wider than forty feet, provided that the side yard on the rear twenty feet of the street side of a cor- ner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten feet. (4) Between Detached Buildings. There shall be a minimum of ten feet between detached buildings. E. NON- CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non - Conforming Structures and Uses" shall not be applicable to structures and uses in the R -2 District on Balboa Island, which are non - conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R -2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, 8 and C hereinabove, which were in exis- tence, or for which permits have been issued, on the effective date of this ordinance, may be continued, rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED, however, that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council -3- P may by a four - fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. 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 stated herein and shall take effect immediately upon its adoption. SECTION 4. 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 24th the following vote, to wit: ATTEST: ity C erk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION CITY CLERK OF THE CI CI OF NEWP i BEACH me day of July AYES, COUNCILMEN: , 1972, by McInnis, Rogers, Croul, Dostal, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: Kymla Mayor DON dm 7/17/72