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Home My WebLink About92-43 - Amending Title 20 of the Municipal Code Pertaining to the Permitted Height, Number and Yard Encroachments of Accessory Buildings in Residential Districts (Planning Commission Amendment No. 762)0 • • ORDINANCE NO. 92-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE PERTAINING TO THE PERMITTED HEIGHT, NUMBER AND YARD ENCROACHMENTS OF ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS (PLANNING COMMISSION AMENDMENT NO. 762) 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 provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, the proposed amendment is necessary so as to delete unnecessary and repetitive provisions for the construction of accessory buildings; and WHEREAS, the Planning Commission has determined that the subject amendment is exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations); and WHEREAS, on July 23, 1992, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 762, and at that time voted to recommend that the City Council approve the amendment; and WHEREAS, on August 24 . 1992, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this ordinance; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 20.10.030 of the Municipal Code is hereby amended to read as follows: 20.10.030 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 rear one -half of the lot and be at least 6 feet from any dwelling building or other accessory building existing or under construction on the same lot. SECTION 2. Section 20.11.020 of the Municipal Code is hereby amended to read as follows: 20.11.020 BUILDING HEIGHT AN FLOOR AREA LIMIT. A. In the R -1 District in the areas of West Newport and the Balboa Peninsula, the total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides, contained in all buildings of a building site shall not . exceed two times the buildable area of the site. In the area designated as Old Corona del Mar, the total gross floor area shall not exceed one and one -half (1.5) times the buildable area of the site. For dwellings and permitted accessory buildings, the building height limit shall be 24/28 as specified in Chapter 20.02. B. In the R -3 and R -4 Districts in the areas of West Newport and the Balboa Peninsula, the total gross floor area contained in all buildings on a building site shall not exceed three times the buildable area of the site; provided, however, that floor area devoted to parking within a building or to decks, balconies or patios open on at least two sides shall not be considered in determining the total floor area allowed. In the area designated as Old Corona del Mar, the total gross floor area shall not exceed one and one -half (1.5) times the buildable area of the site in the R -3, R -4, and MFR Districts. The height limit in the R -3 •District shall be 24/28 feet on the front one -half of the lot and 28/32 feet on the rear one- half of the lot, except where in the opinion of the Planning Commission differences in grade warrant individual consideration. The height limit in the R -4 District shall be 28/32 feet as specified in Chapter 20.02. SECTION 3. Section 20.13.015 of the Municipal Code is hereby amended to read as follows: 20.13.015 USES PERMITTED. The following uses shall be permitted in the R -1 District. (a) Single - family dwellings. (b) Accessory buildings if constructed simultaneously with or subsequent to the main building and located on the same lot or building site. • (c) Accessory uses normally incidental to single - family dwellings. This is not to be construed as permitting any commercial use, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (e) Signs in accordance with Chapter 20.06. SECTION 4. Section 20.13.025 of the Municipal Code is hereby amended to read • as follows: 20.13.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages and carports contained in all buildings on a building site in an R -1 District shall not exceed two times the buildable area of the site. For dwellings and permitted accessory buildings, the building height limit shall be as specified in Chapter 20.02. For residential developments in those areas of the City know generally as West Newport, Balboa Peninsula and Corona del Mar, building height and floor area limit regulations are as specified in Section 20.11.020 (a) of Residential Development Standards. SECTION S. Section 20.14.025 of the Municipal Code is hereby amended to read • as follows: 20.14.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages and carports contained in all buildings on a building site in an R -1.5 District shall not exceed 1.5 times the buildable area of the site. For dwellings and permitted accessory buildings, the building height limit shall be specified in Chapter 20.02. SECTION 6. Section 20.15.025 of the Municipal Code is hereby amended to read as follows: 20.15.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides or open on one side and unroofed, contained in all • buildings on a building site in an R -2 District shall not exceed two times the buildable area of the site. In the area designated as Old Corona del Mar, as more specifically described under Section 20.11.010(A), the total gross floor area shall not exceed one and one -half (1.5) times the buildable area of the site. For dwellings and permitted accessory buildings, the -3- building height limit shall be 24/28 feet as specified in Chapter 20.02. SECTION 7. 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 8. This Ordinance was introduced at a regular meeting of the City • Council of the City of Newport Beach held on the 10th day of A ugust 1992, and adopted 24th August on the day of _, 1992, by the following vote, to wit: CI • ATTEST: AYES, COUNCIL MEMBERS Hedges, watt, Turner, Sansone, Hart, Cox, Plummer NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS None � e -4- '!' � •