HomeMy WebLinkAbout91-14 - Amending Title 20 of the Municipal Code so as to Allow Tenant Improvements Involving Up to One Hundred Percent of the Existing Floor Area of Nonconforming Commercial and industrial Buildings without Discretionary Action (Planning Commission AmendmORDINANCE NO. 91 -14
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING TITLE 20
OF THE MUNICIPAL CODE SO AS TO ALLOW
TENANT IMPROVEMENTS INVOLVING UP TO
ONE HUNDRED PERCENT OF THE EXISTING
• FLOOR AREA OF NONCONFORMING COMMERCIAL AND
INDUSTRIAL BUILDINGS WITHOUT DISCRETIONARY ACTION
(PLANNING COMMISSION AMENDMENT NO. 726)
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION I. Section 20.83.030 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.83.030 NONCONFORMING STRUCTURES
A. MAINTENANCE AND REPAIRS. Ordinary maintenance and repairs may be
made to any nonconforming structure. No structural alterations shall be made except as
provided in Subsections B and C below. Maintenance and repairs shall be limited to
painting, patching, reroofing, and incidental replacement of nonstructural elements.
• B. SPECIAL PROVISIONS /TENANT IMPROVEMENTS. Notwithstanding other
provisions of this chapter, where a commercial or industrial structure has been rendered
nonconforming due to height, bulk, gross floor area, setbacks, or parking, structural or
nonstructural interior alterations, involving up to one hundred percent (100 %) of the gross
floor area may be made without discretionary action.
C. ALTERATION OF NONCONFORMING STRUCTURES. Alteration of
nonconforming structures, other than those allowed by Subsection B., is permitted only as
provided in this subsection. Any alteration not expressly permitted requires the approval
of a variance pursuant to Chapter 20.82.
1. Structures Nonconforming Due To An Encroachment Into a Setback or Into the
Required Distance Between Buildings:
a. Category 1 Alteration of the encroachment shall be permitted.
b. Category 1 and 2 Alteration and an increase of twenty five percent (25 %) or
less in the gross floor area of the remainder of the nonconforming structure
(exclusive of the encroachment) shall be permitted.
2.
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3.
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C. Any other alteration of the structure shall be permitted only upon the
approval of a modification to the Zoning Code as provided in Chapter 20.81,
unless exempt from this requirement pursuant to Section 20.83.030 E.
Structures Which Are Nonconforming Due To Height
a. Alteration of the portion of the structure exceeding the height limit.
i) Category 1 Alteration shall be permitted.
Category 2 Alteration shall be permitted only upon the approval of a
modification to the Zoning Code.
Category 3 Alteration shall be permitted only upon the approval of a
use permit subject to the findings contained in Section 20.83.030 B 4.
b. Alteration of the remainder of the structure, exclusive of the portion
exceeding the height limit.
i) Category 1 and 2,Alteration and an increase of twenty -five percent
(25 %) or less in the gross floor area of the remainder of the structure
(exclusive of the nonconforming portions) shall be permitted.
ii) Category 3 Alteration and an increase of fifty percent (50 %) or less
in the gross floor area of the remainder of the structure (exclusive of the
nonconforming portions) shall be permitted upon the approval of a
modification.
iii) Category 4 Alteration and an increase of seventy -five percent (75 %)
or less in the gross floor area of the remainder of the structure (exclusive of
the nonconforming portions) shall be permitted upon the approval of a use
permit subject to the findings contained in Section 20.83.030 B 4.
Structures Which Are Nonconforming With Regard to Open Space Bulk Or Gross
Floor Area:
a. Category 1 Alteration shall be permitted.
b. Category 2 Alteration shall be permitted upon the approval of a modification.
C. Category 3 and 4 Alteration shall be permitted upon the approval of a use
permit subject to the additional findings specified in Section 20.83.030 B 4.
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4. Required Findines
A use permit to allow the alteration of a nonconforming structure may be approved
by the Planning Commission, or City Council on review or appeal, only if the
following findings are made in addition to those findings specified in Section
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a. The cost of the improvements to be made is minor in comparison to the value
of the existing alterations proposed.
b. The cost of correcting the nonconforming condition would exceed the cost of
the other alterations proposed.
C. Retention of the nonconforming condition is necessary to preserve a
substantial property right.
D. REMOVAL OF NONCONFORMING STRUCTURES OR PORTIONS THEREOF.
Except as provided in this chapter and Chapter 20.06, a nonconforming structure, or
nonconforming portion of a structure, shall not be replaced after removal.
E. DECREASES IN NONCONFORMITY. When a nonconforming structure or site has
been altered to conform, or more nearly conform, to the provisions of this Title, the
nonconforming structure may not thereafter be altered except in accordance with the
provisions of the Title.
F. B COMBINING DISTRICT. Nonconforming side yards for buildings located in R -1 -B,
R -2 -B, R -3 -B, R-4 -11 and MFR -B Districts which are nonconforming only because
amendments to this Title have changed side yard requirements subsequent to the original
construction of such buildings may be continues in the construction of additions.
G. SPECIAL PROVISIONS /TIME FRAMES. Notwithstanding any other provision of
this Section, where a residential structure has been rendered nonconforming solely because
the property upon which the structure is located has been rezoned, alteration of those
nonconforming conditions resulting solely from the zoning amendment shall be permitted
within two years of the effective date of such amendment provided there is no increase in
the nonconforming condition and subject to compliance with all other provisions of this
code. (Ord. 90 -22, June 13, 1990).
SECTION II. The mayor shall sign and the City Clerk shall attest to the
passage of the Ordinance. This Ordinance shall be published once in the official newspaper
of the City, and shall become effective thirty (30) days after the date of its adoption.
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This Ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 25th day of February , 1991, and adopted
on the 11th day of March 1991, by the following vote, to wit:
AYES, COUNCIL MEMBERS HEDGES, WATT, TURNER,
0 SANSONE, HART, COX, PLUMMER
ATTWST-
CITY CLERK
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NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
MA R
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LORAINE \PC\A776.ORD