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HomeMy WebLinkAbout92-26 - Amending Title 20 of the Municipal Code so as to Revise the Definition of the Term "Building Site" as it Relates to the "Combining of Lots and Parcels" Requirement, for the Purpose of Increasing the $5,000.00 Limit on Construction Cost in any OneORDINANCE NO. 92-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO REVISE THE DEFINITION OF THE TERM "BUILDING SITE" AS IT RELATES TO THE "COMBINING OF LOTS AND PARCELS" REQUIREMENT, FOR THE PURPOSE OF INCREASING THE $5,000.00 LIMIT ON CONSTRUCTION COST IN ANY ONE YEAR PERIOD FOR • ALTERATIONS TO EXISTING STRUCTURES THAT CROSS PROPERTY LINES (Planning Commission Amendment No. 758) WHEREAS, Title 20 of the Newport Beach Municipal Code includes provisions for the combining of lots and parcels when such lots or parcels, because of their individual size, configuration or location, are insufficient to meet the requirements of Title 20 of the Newport Beach Municipal Code as a separate building site; or where a building crosses or is planned to cross an existing property line; and WHEREAS, said provisions prohibit new construction or alterations to existing structures on such lots or parcels in excess of $5,000.00 in a one year period until such time as said lots or parcels have been combined into a single building site; and WHEREAS, the Planning Commission has determined that the existing $5,000.00 limit for alterations in a one year period is too low and unrealistic based on the current cost of construction; and WHEREAS, the Planning Commission has determined that the existing limit on the value of construction that is permitted in a one year period should be increased so as to represent current dollar value for construction; and WHEREAS, the Planning Commission has determined that appropriate language should be added to Section 20.87.090 so as to provide for the annual adjustment of the figure to be used for limiting the amount of alterations in a one year period; and WHEREAS, on May 7, 1992, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding Amendment No. 758. •WHEREAS, on June 8 1992, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this ordinance. NOW, THEREFORE the City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 20.87.090 of the Municipal Code is hereby amended to read as follows: 20.87.090 BUILDING SITE. The term 'building site" shall mean a subdivided lot, parcel of land or contiguous combinations thereof which is occupied or intended to be occupied by a main building or buildings and their accessory buildings, • together with such yards and open space as are required by the terms of this Title and the Uniform Building Code, and which fronts directly upon or has permanent access to a street as defined under Section 20.87.090 of this Title and required by the Uniform Building Code. A. COMBINING OF LOTS AND PARCELS REQUIRED. Where said building site contains a lot, a parcel or combination of lots and /or parcels which, because of their individual size, configuration or location, are insufficient to meet the requirements of this Title as a separate building site; or where a building crosses or is planned to cross an existing property line, no new construction or alteration to a single - family dwelling or duplex in excess of $20,000.00 shall be permitted until such time as the owner or owners of said lots or parcels has caused to be executed and recorded a covenant and agreement to hold said • lots or parcels as a single building site. Said covenant and agreement shall have been approved by the City Attorney as to form and the Planning Director as to content. In the case of all other forms of development, no new construction or alterations to existing structures in excess of $20,000.00 shall be permitted until such time as said lots or parcels shall have been resubdivided into a single building site. The dollar amounts noted in this section shall be increased automatically, based upon any interim increase in the Consumer Price Index (the Los Angeles - Long Beach and Anaheim Index) and this automatic increase shall be calculated and become effective July 1, 1993 and thereafter, on July 1 of each Fiscal Year for which the Consumer Price Index change applies. B. WAIVER OF COMBINING REQUIREMENT. Where new buildings are planned to be built or where existing buildings have been found to be constructed over existing lot • lines and where said building site is found or intended to be under multiple ownerships or a combination of ownerships in fee, leasehold, or other estate in real property, the requirement for a covenant and agreement or a resubdivision as required in Subsection A may be waived by the Planning Commission upon findings that the estate in the real -2- property is of sufficient length to guarantee that the lots or parcels which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site, and that all other requirements of the Newport Beach Municipal Code and policies of the City which otherwise would be accomplished by the combining of said lots and /or parcels can be met. The Planning Commission or City • Council, on appeal, may impose such conditions as deemed necessary to secure the purpose of this Title. SECTION 2: 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, and the same shall become effective thirty (30) days after the date of its adoption. SECTION 3: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of may and adopted on the 8th day of June , 1992, by the following vote, to wit: • AYES, COUNCIL MEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMMER NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE ATTEST: -3-