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HomeMy WebLinkAbout93-25 - Amending Section 13.05.010 of the Newport Beach Municipal Code Pertaining to Street Widening and ImprovementsORDINANCE NO. 93 -25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 13.05.010 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO STREET WIDENING AND IMPROVEMENTS. The City Council of the City of Newport Beach does hereby • ordain as follows: 13.05.010 Street Widening and Improvements as a Condition of Building Permits. (A) Except as provided in subsection (B), no building or structure shall be constructed or enlarged by 25% or more of the existing floor area, nor shall any building permit be issued for such work, on any lot or parcel of land located in any commercial zoning district or industrial district (as described in Parts 3 and 4 of Title 20 of this Code) which abuts a street or any lot or parcel of land in a residential zoning district (as described in Part 2 of Title 20 of this Code) that abuts a street designated by Resolution of the City Council as a "significant link" in the city's circulation system, unless the one -half of the street which is located adjacent to the lot or parcel has been •dedicated and improved to the full width of the lot to be consistent with such streets as set forth in the standards specified in the Master Plan of Streets and Highways, the City's Subdivision ordinance, and the City's Standard Specifications, and provision has been made for installing parkway trees and water lines in accordance with City specifications, provided, however, actual improvement shall not be required prior to the issuance of any permit for construction if the owner or lessee has entered into an agreement with the City and furnished improvement security in accordance with the procedure set forth in Section 13.05.060. For purposes of this Chapter the term "improvements" shall also include the closure of any unused curb cut determined by the Public Works • Director to be unused. (B) The dedication and improvement of property shall not be required pursuant to subsection (a) when the property fronts on a state highway and there are no buildings or structures on any portion of the property within the area to be improved pursuant to i • the then current Master Plan of Streets and Highways and any additional setback unless all of the following conditions have been satisfied: 1. The proposed project contributes to the need to widen the adjacent roadway to Master Plan standards; and 2. The project would generate more than 300 average daily trips; and 3. The proposed project exceeds 25,000 square feet of additional gross floor area (assumes a base FAR use - minimum gross floor area of minimum and maximum FAR uses shall be adjusted accordingly). This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of November , 1993, and adopted on the by the following vote, to wit: ATTEST: AYES, 13th day of December , 1993, HEDGES, SANSONE, WATT, TURNER, HART, COX, DEBAY NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE