HomeMy WebLinkAbout92-34 - Amending Section 20.10.025 of the Municipal Code So as to Provide Greater Design Control for Bay Windows and Greenhouse Windows. (Planning Commission Amendment No.761)ORDINANCE NO. 92 -34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 20.10.025 OF THE MUNICIPAL
CODE SO AS TO PROVIDE GREATER DESIGN CONTROL FOR BAY
WINDOWS AND GREENHOUSE WINDOWS.
(PLANNING COMMISSION AMENDMENT NO.761)
• WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport
Beach provides that Title 20 (the Zoning Code) may be amended by changing the zoning
designation of Districts and other provisions whenever the public necessity and convenience
and the public welfare require such amendment; and
WHEREAS, Title 20 of the Newport Beach Municipal Code permits bay
windows and greenhouse windows to encroach into required yard setbacks in residential
districts; and
WHEREAS, it is desirable that additional development standards be
established for the dimensions of bay windows and greenhouse windows so as to achieve
greater consistency and a reduction in the overall bulk of projections; and
•WHEREAS, it is the intent of the amendment to limit the size and bulk of
the projections to minimize its impact on neighboring properties; and
WHEREAS, the project has been determined to be Categorically Exempt
from the provisions of the California Environmental Quality Act (CEQA) under Class 5
(Minor Alterations in Land Use Limitations); and
WHEREAS, on June 18, 1992, the Planning Commission of the City of
Newport Beach held a duly noticed public hearing regarding Amendment No. 761, and at
that time voted to recommend that the City Council approve the amendment; and
WHEREAS, on July 27 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
*1 hereby ordain as follows:
SECTION 1: Section 20.10.025 of the Municipal Code is hereby
amended to read as follows:
20.10.025 EXTENSIONS INTO YARDS. A. ARCHITECTURAL FEA-
TURES. Architectural features such as cornices or eaves may extend not exceeding 2Y2 feet
into any required front or rear yard setback; provided, however, that such architectural
features shall not project any closer than 2 feet from side property line.
B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to exceed 8 feet in
width, may encroach to a distance of 2 feet into any required front yard setback of 10 feet
or more in any "R" District; provided, that the fireplace and chimney must be located not
• less than 5 feet from any side yard setback line.
Fireplaces and chimneys not to exceed 9 feet in width may encroach to a maximum distance
of 2V2 feet from any side yard setback line provided that such encroachment must be at least
2 feet from any side property line.
C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may
project a distance not exceeding 5 feet into any required front yard setback.
D. MARQUEES, AWNINGS AND SHADES. Marquees, awnings, or shades may
•project from the building into the front yard setback in any 'R" District not to exceed 5 feet
from the building nor more than half the depth of the required front yard, and must be
within the required side yard lines and have a clearance above grade vertically of not less
than 6V2 feet.
Any such projection from the building shall be self- supporting and shall be of incombustible
material or of not less than one -hour fire resistive construction.
Marquees, awnings or shades may project from the building into the rear yard setback in
any 'R" District not to exceed 2V2 feet.
E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street
has been established, required yards shall be measured from said mapped street, and in no
case shall the provisions of this Title be construed as permitting any encroachment upon any
mapped street.
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F. ABUTTING ALLEYS. 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.
0 Alley Width Setback
15' or less 5'
1511" to 19'11" 3'9"
20' or more 2'6"
G. ENCROACHMENTS IN RESIDENTIAL REAR YARD SETBACKS ABUTTING
ALLEYS. In residential districts having alleys to the rear of lots or building sites, a
second -story projection will be permitted to encroach into the setback stipulated in Section
20.10.025 (F), subject to the following conditions:
• (1) No projection may extend closer than 76" to the center of any alley.
(2) No projection may extend closer than 2'6" to the rear property line.
(3) That portion of the building which encroaches into the required rear yard
setback shall have a minimum ground clearance of 8'0 ".
(4) No encroachment will be permitted on lots having a depth exceeding
eighty -five feet.
H. BAY WINDOWS AND GREENHOUSE WINDOWS. The terms 'bay windows" and
"greenhouse windows" shall be defined as window openings in or projections extending
beyond the wall of a building which satisfy all of the following criteria:
a. the interior surface is elevated at least 18 inches above the
adjacent finished floor surface at the required building
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setback line; and
b. the overall vertical dimension of the projection does not
exceed a height of 10 feet; and
C. the opening is limited by design from being used as a door
or entry.
• Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a
distance of 2 feet into any required front yard setback of 10 feet or more. Said windows not
to exceed 8 feet in width, may also encroach a distance of 16 inches into any required front
yard setback ranging from 4 feet to less than 10 feet.
Bay windows and greenhouse windows, located on the first floor of a structure, not to
exceed 8 feet in width, may encroach a distance of 2 feet into any required side yard
setback, provided that said encroachment shall be at least 2 feet from any side property line.
Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a
•distance of 2 feet into any required rear yard setback, unless the rear property line of the
lot is adjacent to an alley.
Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a
distance of 2 feet into any required setback between buildings on the same lot.
No more than 2 bay windows or greenhouse windows on a structure shall be permitted to
encroach into any one setback.
Total permitted front or rear yard setback encroachments, including bay windows,
greenhouse windows, and chimneys shall not exceed 50 percent of the buildable width of the
lot.
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.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 13thday of July , 1992, and adopted on the27th day
of July , 1992, by the following vote, to wit:
AYES, COUNCIL MEMBERS TURNER,
SANSONE, HART, COX, PLUD ER
• NOES, COUNCIL MEMBERS NONE
ATTEST:
F11 01PRIMRA
4
•
ABSENT COUNCIL MEMBERS HEDGES, WATT
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