HomeMy WebLinkAbout88-31 - Amending Sections 20.02.070, 20.10.025F and 20.10.030 of the Newport Beach Municipal Code Pertaining to Permitted Heights of Fences, Walls, Plantings, Or Buildings on Residential Lots Adjacent to the Corner of any Intersecting Street Right-of-WayORDINANCE NO. 88- 31
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS
20.02.070, 20;10.025F AND 20.10.030 OF
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO PERMITTED HEIGHTS OF FENCES,
WALLS, PLANTINGS, OR BUILDINGS ON RESIDENTIAL
LOTS ADJACENT TO THE CORNER OF ANY INTERSECTING
STREET RIGHT -OF -WAY AND ALLEY.
(PLANNING COMMISSION AMENDMENT NO. 663).
The City Council of the City of Newport Beach does hereby ordain as
follows:
Section 1: Section 20.02.070 of the Newport Beach Municipal Code
shall be amended to read as follows:
FENCES, WALLS, AND PLANTINGS. No fence, wall, hedge, or screen
planting of any kind shall hereafter be constructed or grown to exceed six
feet in height within any required side yard to the rear of the front line
of any main building or in any required rear yard, nor to exceed three feet
in height in any required side yard between the front property line and the
required front setback line, or in any required front yard or within fifteen
(15) feet of the corner of any intersecting street rights -of -way and alley:
4 0 provided, however, that in cases where there is a difference of six (6) feet
or more in elevation between the building sites of abutting lots, no fence,
wall, hedge or screen planting shall hereafter be constructed or grown in
any yard area of the lower lot adjacent to the lot line of the higher lot to
a height in excess of three feet above the elevation of the building site of
the higher lot. Where lots or building sites are laid out or planned to
border a street and overlook a waterway, beach or bluff, fences when
required as a protective device for a swimming pool or when needed to
protect against a hazardous or unsafe condition existing because of
topography, may be permitted in excess of three (3) feet, but not to exceed
five (5) feet, in those front yards specified in Section 20.10.030, subject
to first securing a use permit in each case.
The Planning Commission may by resolution, adopt such general standards
or conditions for its guidance as it deems necessary to insure to the
• adjacent property owners the full use of their land.
Section 2: Section 20.10.025F of the Newport Beach Municipal Code
shall be amended to read as follows:
F. ABUTTING ALLEYS - YARDS. In residential districts having alleys to
the rear of lots or building sites, attached or detached garages, fences,
screen plantings or other obstructions must set back from rear property
lines the distances shown in the following table, except as provided in
Section 20.10.025 (G), Section 20.02.070 and Section 20.10.030.
Alley Width Setback
15' or less 5'
1511" to 19'11" 3'9"
20" or more 216"
Section 3: Section 20.10.030 of the Newport Beach Municipal Code
shall be amended to read as follows:
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
#01 rear one -half of the lot and at least 6 feet from any dwelling building
existing or under construction on the same lot or any adjacent lot;
provided, that in any "R" District combined with any " -B" District the
Planning Commission may approve the location of the accessory building on
the front half of the lot and detached from the main building without a
Variance, provided the location will not be detrimental to adjoining
property, and further provided that the Planning Commission approves of the
elevation and location of the accessory building.
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
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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 water way, beach or bluff,
except that such front yards may exceed the maximum of 35 feet permitted in
residential districts.
Section 4: All other subsections of Section 20.10.025 Of the
Newport Beach Municipal Code shall remain the same and shall be in full
force and effect.
Section 5: 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 within fifteen (15) days after its
adoption.
Section 6: This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 22nd day of
August , 1988, and adopted on the 12th day of September ,
1988, by the following vote, to -wit:
AYES, COUNCILMEMBERS Turner, Plummer, Hart
Cox, Strauss, Sansone, Maurer
NOES, COUNCILMEMBERS