HomeMy WebLinkAbout90-33 - Amending Title 20 of the Municipal Code as it Applies to Nonconforming Uses and Structures (Planning Commission Amendment No. 712)•
ORDINANCE NO. 90 -33
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING TITLE 20 OF
THE MUNICIPAL CODE AS IT APPLIES TO
NONCONFORMING USES AND STRUCTURES
(Planning Commission Amendment No. 712)
WHEREAS, nonconforming uses and structures are currently regulated
under Chapter 20.83 of the Municipal Code; and
WHEREAS, Chapter 15.07 sets standards for earthquake safety in existing
structures; and
WHEREAS, compliance with Chapter 15.07 may require alteration of
existing nonconforming structures; and
WHEREAS, the proposed amendment would expedite compliance with
Chapter 15.07 and enhance earthquake safety; and
WHEREAS, under existing ordinances replacement of existing condominium
units which are damaged or destroyed may be prevented; and
WHEREAS, the proposed amendment is designed to ensure that owners
of condominiums retain reasonable use of their shares in the development; and
WHEREAS, restoration of a damaged structure could be facilitated by the
• removal and replacement of additional portions of the structure; and
WHEREAS, on July 5, 1990, the Planning Commission of the City of
Newport Beach held a public hearing regarding Amendment No. 712; and
WHEREAS, on August 13, 1990, the City Council of the City of Newport
Beach held a public hearing regarding the amendment; and
WHEREAS, the public was duly noticed of the public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach does
hereby ordain as follows:
SECTION 1. Chapter 20.83.060 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.83.060. RESTORATION OF DAMAGE OR DESTRUCTION
A. NONCONFORMING USE. A nonconforming use occupying land, a building,
or portion thereof which is otherwise conforming and damaged or destroyed by fire,
explosion, earthquake, or other disaster may be reestablished, provided that restoration
work is commenced within twelve (12) months after the damage or destruction occurs
• and is pursued diligently to completion.
B. NONCONFORMING STRUCTURE OR PARKING
1. Up To 90 % Damage or Destruction.
a. General Provisions
A nonconforming structure, which is partially destroyed by fire, explosion,
earthquake, or other disaster, may be repaired or restored as a matter of right
if the cost of the repair or restoration is less than ninety percent (90 %) of the
1
•
C1
appraised value of the structure in excess of the building foundation at the time
of the damage as determined by an independent, licensed appraiser retained by
the property owner. In the absence of an appraisal provided by the property
owner, the damage or destruction shall be presumed to exceed ninety percent
(90 01o) of the appraised value if, in the opinion of the Building Director, the cost
of repair or restoration exceeds ninety percent (90 %) of the assessed value as
specified on the latest equalized assessment roll. The rights conferred by this
section are contingent upon diligent application for a building permit after the
damage or partial destruction occurs and diligent pursuit of repairs to completion.
b. Special Provisions
Notwithstanding the provisions of subparagraph a, where a structure is
nonconforming due to an encroachment into a setback or into the required
distance between buildings, and the encroachment is more than ninety percent
(90 %) destroyed, a modification shall be required for replacement or repair of
the encroachment.
When a structure is nonconforming due to excessive height, bulk, gross floor area,
or lack of open space, and the nonconforming condition is more than ninety
percent (90 %) destroyed, the nonconforming condition may be restored only
after approval of a use permit pursuant to Chapter 20.80 with the following
additional findings, subject to the limitations in Subsection D below:
L That replacement of the nonconforming condition is necessary to maintain
reasonable use of the structure or individual condominium unit.
ii. That replacement of the nonconforming condition is necessary to preserve
a substantial property right.
2. Greater Than 90 % Destruction. If a nonconforming structure is damaged or
destroyed by fire, explosion, earthquake, or other disaster to an extent of more
than ninety percent (90 %) of its appraised value in excess of the building
foundation at the time of the damage as appraised by an independent, licensed
appraiser retained by the property owner, then the nonconformity may be restored
only if a use permit is first approved by the Planning Commission, or City Council
on review or appeal, provided application for the use permit is made within
twelve months after the damage or destruction occurs and the following findings
are made in addition to those findings required in accordance with Section
20.80.060 A subject to the limitations in Subsection D below:
a. That replacement of the nonconforming condition is necessary to maintain
reasonable use of the property or individual condominium unit.
b. That replacement of the nonconforming condition is necessary to preserve
a substantial property right.
3. Removal of Portions of the Structure Not Destroved or Damaged.
If a nonconforming structure is damaged or destroyed by fire, explosion,
earthquake, or other disaster to an extent of more than fifty percent (50 %) of
its appraised value in excess of the building foundation at the time of the damage
as appraised by an independent, licensed appraiser retained by the property
owner, then a maximum additional twenty percent (20 %) of the structure may be
removed and replaced if necessary to pursue restoration of the structure. Any
additional portions of the structure may be removed and replaced, only upon the
approval of a use permit and subject to the following findings in addition to those
findings required in accordance with Section 20.80.060 A:
a. That substantial additional expense would be created by the necessity of
working around the additional portion of the structure to be removed when
repairing the damaged or destroyed portion.
b. That replacement of the nonconforming portion of the structure which was
voluntarily removed is necessary to preserve a substantial property right; or
FA
that the rebuilt portion of the structure will more nearly conform to the
provisions of this Code.
C. AGING AND DETERIORATION. The provisions of this Section shall not be
construed to permit replacement of nonconforming conditions in structures undergoing
renovation, remodel, or reconstruction, structures damaged by ongoing natural processes
such as dry rot or termites or structures which have deteriorated due to age.
D. CONDOMINIUM UNITS. When a use permit is required for replacement or
. repair of. any condominium units which are damaged or destroyed by fire earthquake,
explosion, or other disaster, no reduction in the number of units shall be required. The
replacement units shall be permitted to be equivalent in size and location to the units
which were damaged or destroyed.
SECTION 2. Chapter 20.83.070 is hereby added to the Newport Beach
Municipal Code to read as follows:
20.83.070 SEISMIC SAFETY. Notwithstanding any other provision of this
Chapter, alterations to a structure required to comply with the minimum provisions of
Chapter 15.07, "Earthquake Hazard Reduction,' and California Government Code Section
8875 shall be permitted.
SECTION 3. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the City within fifteen (15) days of its adoption. This Ordinance shall be
effective thirty days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
• City of Newport Beach, held on the 23rd day of July 1990, and was adopted on
the 13th day of August , 1990, by the following vote, to wit:
AYES, COUNCIL MEMBERS TURNER, WATT, SANSONE,
PLUMMER, HART, STRAUSS, COX
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
ATTEST
CITY CLERK
P. \W P50 \SANDY\NONCON\CONDORD
3