HomeMy WebLinkAbout1477 - Interim Development StandardsORDINANCE NO. 1477
AN EMERGENCY ORDINANCE OF THE CITY OF
NEWPORT BEACH ESTABLISHING INTERIM
• DEVELOPMENT STANDARDS FOR THE R -2 DISTRICT
ON BALBOA ISLAND IN CONFORMANCE WITH THE
PROPOSED AMENDED R -1.5 DISTRICT
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 lots; and
WHEREAS, the rapid population growth of the City of
Newport Beach has created increasing pressures for intensive
development and redevelopment of the R -2 properties on Balboa
Island which has resulted in and will continue to result in
• an overcrowding of buildings into the extremely 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 Planning Commission have initiated planning studies to de-
velop 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, as a result of these studies a new zoning
district known as the R -1.5 District was adopted and made a
part of the planning and zoning code for the City of Newport
Beach; and
WHEREAS, the Planning Commission has set a public
hearing on December 7, 1972 to consider certain amendments to
• the R -1.5 District; and
WHEREAS, Section 65858 of the California Government
Code specifically authorizes the adoption of interim zoning
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ordinances as emergency measures prohibiting uses which may
• conflict with a zoning proposal which the legislative body is
considering; 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;
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 AND FLOOR AREA LIMIT
The total gross floor area, including
basements, garages and carports, contained in all buildings shall
not exceed 1.5 times the buildable area of the site. No more
• than two livable stories shall be included within a structure.
For dwellings, the building height limit shall be specified in
Chapter 20.09. For accessory buildings, the building height
shall be fifteen (15) feet.
B. SITE AREA AND DWELLING AREA
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 build-
ing site of less than five thousand (5,000) square feet which
existed prior to the adoption of this ordinance, a duplex may
be constructed provided that there shall be not less than one
thousand (1,000) square feet of land area for each family unit.
C. BUILDABLE AREA
The maximum building area coverage
• permitted for aggregate buildings shall be full coverage, less
required front, side and rear yards. The maximum area of the
building shall not exceed 1.5 times the buildable area.
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D. YARDS
• (1) Front Yards. The minimum
width required for front yards shall be twenty (20) feet, with
a maximum of thirty -five (35) 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 (3) feet wide on building sites
forth (40) feet wide or less, or four (4) feet on lots wider
than forth (40) feet, provided that the side yard on the rear
twenty (20) feet of the street side of a corner 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 (10) feet.
(4) Between Detached Buildings.
There shall be a minimum of ten (10) 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, B and C hereinabove,
which were in existence, or for which permits have been issued,
on the effective date of this ordinance, may be continued,
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rebuilt, or changed, provided that the same existing building
height and site area and dwelling area coverage is not increased.
F. OFF- STREET PARKING
In lieu of the off - street parking
requirements set forth in Section 20.08.190 of the Newport Beach
Municipal Code, one garage space shall be provided for the first
five (5) rooms, exclusive of bathrooms, in each dwelling unit.
One additional garage space shall be provided for each additional
increment of two (2) rooms, or fraction thereof, in each dwelling
unit.
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 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 adop-
tion by a four - fifths vote of the members of the City Council.
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 13th day of
November , 1972, by the following vote, to wit:
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
• DATE I&V- _- -I"6 -- -197-2
CITY CLERK Of THE CITY OF N PORT BEACH
•
AYES, COUNCILMEN: McInnis, Rogers,
Croul, Kymla, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: instal
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DON dm
11/13/72