The URL can be used to link to this page

Home My WebLink About1876 - Amending Sections 20.10.035, 20.10.050, 20.83.070, 20.83.090, 20.87.320 And 20.77.260 and Adding Section 20.10.045 to the Newport Beach Municipal Code as they Pertain to the Modifications Committee, Nonconforming Structures and Uses, And ResidentiaORDINANCE NO. 1876 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20.10.035, 20.10.050, 20.83.070, 20.83.090, 20.87.320 AND 20.77.260 AND ADDING SECTION 20.10.045 TO THE NEWPORT BEACH MUNICIPAL CODE AS THEY PERTAIN TO THE MODIFICATIONS COMMITTEE, NONCONFORMING STRUCTURES AND USES, AND RESIDENTIAL PARKING STANDARDS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 20.10.035 of the Newport Beach Municipal Code is amended to read as follows: that the enclosing fence required in Chapter 15.04 of this Code is permitted under the provisions of Section 20.02.070 and 20.10.025, F of this Chapter. Any pump, filter or heater installed to serve such body of water within ten feet of a side or rear property line (unless said property line is adjacent to a street or alley) shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at said prop- erty line. Any such pump, filter or heater shall not be considered an accessory building so long as any required • housing thereof does not exceed six feet in height. Pumps may be operated only between the hours of 8 a.m. and 8 p.m." "20.10.035 SWIMMING POOLS AND RELATED EQUIPMENT - YARDS. Any swimming pool, fish pond, or other body of water which contains water eighteen inches or more in depth for use in connection with any residential use shall be permitted in any required yard space, provided that the enclosing fence required in Chapter 15.04 of this Code is permitted under the provisions of Section 20.02.070 and 20.10.025, F of this Chapter. Any pump, filter or heater installed to serve such body of water within ten feet of a side or rear property line (unless said property line is adjacent to a street or alley) shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at said prop- erty line. Any such pump, filter or heater shall not be considered an accessory building so long as any required • housing thereof does not exceed six feet in height. Pumps may be operated only between the hours of 8 a.m. and 8 p.m." • SECTION 2. Section 20.10.045 is added to the Newport Beach Municipal Code to read as follows: "20.10.045 AIR CONDITIONING EQUIPMENT - YARDS. Any air - conditioning equipment installed within ten feet of a side or rear property line (unless said property line is adjacent to a stret or an alley) shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at said property line. Any such equipment shall not be considered an accessory building so long as any required housing thereof does not exceed six feet in height." SECTION 3. Section 20.10.050 of the Newport Beach 40 Municipal Code is amended to read as follows: "20.10.050 PARKING. A. Storage or parking space for the parking of automo- biles off the street shall be provided in any resi- dential district as follows: 1. Not less than one and one -half parking spaces for each dwelling unit. 2. Not less than three parking spaces for any structure containing 2,000 sq. ft. or more, exclusive of areas devoted to parking and open space, unless the structure is a single - family dwelling. • 3. Not less than one covered, independently accessible parking space for each two guest rooms in any rooming house. 4. Not less than one independently accessible parking space for each two guest rooms in any hotel. 5. Not less than one independently accessible parking space for each guest unit in any motel. Parking spaces required for other uses allowed in any residential district not set forth above shall be determined by the Planning Commission. B. Parking of automobiles on the roof of a building in any residential district is not allowed. C. In addition to the above noted parking standards, the following parking controls shall also apply: 1. For each dwelling unit there shall be at least one covered parking space. 2. For each dwelling unit, there shall be at least one independently accessible parking space. 3. Tandem parking up to a maximum of two cars in depth shall be permitted. 4. Parking in side yards shall be permitted; provided, however, that structural encroach- ments shall not be permitted, except as noted in this section. When three parking spaces are provided across the rear of a lot less than 30 feet 10 inches wide, one garage wall may encroach into the required side yard set- back. Its distance from the property line shall be not less than 26 inches plus the amount (if any) that the width of the lot exceeds 30 feet. The substandard side yard created thereby shall have a clear passageway 26 inches wide, unobstructed by fences, 3 utility meters, hose bibs, or any other appur- 40 tenances which could interefere with use of the passageway by emergency personnel or equipment. 5. Parking in front yards shall be permitted on driveways in front of garages that set back at least nineteen feet from the front property line; provided, however, that structural encroachments shall not be permitted. D. The one covered parking space that is required for each dwelling unit shall be included in the gross floor area. However, the following areas need not be included in the gross floor area: 1. Other parking spaces which are open on at least two sides, or open on one side and one end; and 2. Twenty -five square feet of storage area adja- cent to or a part of a parking space on a lot less than thirty -two feet.wide; provided that no plumbing is located in said area, and provided that three parking spaces are provided side by side across one end of the lot. E. Subject to the provisions of Chapter 20.83, struc- tures which were in existence or under construction on the effective date of this Ordinance, and which do not provide the required number of parking spaces, may be expanded or altered without provi- ding additional required parking spaces as follows: 40 1. Minor alterations such as the remodeling of existing buildings where no additional living space is proposed; and 4 the construction of bathrooms, closets and 40 hallways, or the expansion of existing rooms." SECTION 4. Section 20.83.070 of the Newport Beach Municipal Code is amended to read as follows: 1120.83.070 MAINTENANCE AND REPAIRS. Ordinary maintenance and repairs may be made to any nonconforming building, providing no structural alterations are made. Structural alterations to nonconforming buildings shall require the approval of a modification to the Zoning Code as provided in Chapter 20.81, unless speci- fically exempt from this requirement." SECTION 5. Section 20.83.090 of the Newport Beach 40 Municipal Code is amended to read as follows: 1120.83.090 EXEMPT NONCONFORMING BUILDINGS. The following types of nonconforming buildings are exempt from the requirement of a modification for certain repairs, alterations or additions as provided in Chapter 20.81. (a) Buildings located in R -1 -B, R -2 -B, R -3 -B, and R -4 -B Districts which are nonconforming only because amendments of this Title have changed side yard require- ments subsequent to the original construction of such buildings. Such nonconforming side yards may be con- tinued in the construction of additions. (b) Buildings which are nonconforming only because 40 amendments of this Title have changed the dimensions of required parking spaces from 8 feet by 20 feet to 9 feet 4 inches by 19 feet subsequent to the original con- 5 struction of the building; provided that the building together with any proposed addition will conform to existing provisions of this Title with regard to the number of required parking spaces. (c) Buildings which were in existence or under construction on the effective date of this Ordinance, and which do not conform to the required open space, buildable area, yard setbacks, and distance between buildings may be continued or altered; provided that the changes do not result in a greater nonconformity than was existing." SECTION 6. Section 20.87.320 of the Newport Beach Municipal Code is amended to read as follows: 40 1120.87.320 STRUCTURAL ALTERATIONS. The term 'structural alterations' shall mean any change or replacement in the supporting members of a building such as bearing walls, columns, beams or girders." SECTION 7. Section 20.87.260 of the Newport Beach Municipal Code is amended to read as follows: 1120.87.260 PARKING SPACE. For residential uses the term 'parking space' shall mean an accessible and usable space of not less than 19 feet, clear length, inside measurements (except for the third required space 21 noted below), and four feet, clear height, inside measurements, in the front four feet of said space, for 40 the parking of automobiles off the street, such space to be located on the lot so as to meet the requirements of this Title. The following widths for parking spaces 21 shall also apply (except for the third required space 40 noted below): 1. There shall be a clear width of not less than nine feet, four inches, inside measurements, for a single parking space; and 2. There shall be an additional clear width of not less than eight feet, ten inches, for each parking space after the first space when several spaces are parallel to each other and not separated by any walls, partitions, posts or columns; provided, that if there are only two such spaces, their total clear width may be a minimum of seventeen feet, six inches, inside measurements. 40 The third required parking space for any structure may be reduced in area to a clear width of not less than eight feet, inside measurements, and to a clear depth of not less than sixteen feet, inside measurements. Any such roofed parking space to be so located on the front one -half of a lot shall have side walls and an operating garage door for access of automobiles. The location and size of parking spaces for other uses shall be as established by resolution of the City Council." SECTION 8. This ordinance shall be published once in the official newspaper of the City and the same shall be effec- tive thirty (30) days after the date of its adoption. 7 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of March, 1981, and was adopted on the 23rd day of March, 1981, by the following vote, to wit: • ATTEST i Ci-ty Clerk r AYES, COUNCIL MEMBERS Plummer, Maurer, Strauss, Heather, Hart, Cox and Him el NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS W, / HRC /pr 031181