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EMERGENCY ORDINANCE BALBOA ISLAND
COUNCILMEN ROLL CAI CITY OF NEWPORT BEACH November 13, 1972 MINUTES INDEX Letters were received after the agenda was printed from George Hamilton Jones approving an R-1. 5 District on Balboa Island and from H. Warren White opposing high density on Balboa Island. kenneth Elgin, President of the Balboa Island Im- Motion x provement Association; Rob Hixson; Tom Houston and Greg Forrest spoke from the audience in favor of the emergency ordinance. The hearing was closed. Ayes xxxxx x Absent x Emergency Ordinance No. 1477, being, AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM 0-1477 Motion x DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND IN CONFOR- MANCE WITH THE PROPOSED AMENDED R-1.5 DISTRICT, establishing interim R-1. 5 zoning on Balboa Island, Ayes xxxxx x was adopted. Absent x It was unanimously agreed that the plans in Plan Check at this time would be allowed to continue. Motion x IN 3. Mayor McInnis opened the public hearing in connection with the Fall, 1972 Weed Abatement Program. A report was presented from the Fire Chief dated October 17, 1972 and the, Assessment List for the Fall 1972 program. No one desired to be heard. hearing was closed. Weed Abatement Ayes xxxxx x Absent x Resolution No. 866, confirming the report of the R-7866 Motion x Fire Chief concer ' g the cost of the abatement of weeds and other nuisa es, and requesting the Auditor -Controller of Or ge County to enter the Ayes xxxxx x amount of each assessment (erred to in said report Absent i x on the County tax roll, was ado d. Volume 26 - Page 320 ORDINANCE NO. / ` AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND IN CONFORMANCE WITH THE PROPOSED AMENDED R-1.5 DISTRICT WHEREAS, most of the properties on Balboa Island are zoned in the R-2 District; and WHEREAS, the construction of two detached single- family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lots; and WHEREAS, the rapid population growth of the City of Newport Beach has created increasing pressures for intensive development and redevelopment of the R-2 properties on Balboa Island which has resulted in and will continue to result in an overcrowding of buildings into the extremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and Planning Commission have initiated planning studies to de- velop adequate development standards for'the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach, and WHEREAS, as a result of these studies a new zoning district known as the R-1.5 District was adopted and made a part of the planning and zoning code for the City of Newport Beach;. and WHEREAS, the Planning Commission has seta public hearing on December 7, 1972 to consider certain amendments to the R-1.5 District.; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning -1- r ordinances as emergency measures prohibiting uses which may conflict with a zoning proposal which the legislative body is considering; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code; NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT AND FLOOR AREA LIMIT The total gross floor area, including basements, garages and carports, contained in all buildings shall not exceed 1.5 times the buildable area of the site. No more than two livable stories shall be included within a structure. For dwellings, the building height limit shall be specified in Chapter 20.09. For accessory buildings, the building height shall be fifteen (15) feet. B. SITE AREA AND DWELLING AREA Family Unit in Any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any build- ing site of less than five thousand (5,000) square feet which existed prior to'the adoption of this ordinance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for each family unit- C. BUILDABLE AREA The maximum building area coverage permitted for aggregate buildings shall be full. coverage, less required front., side and rear yards. The maximum areii of the building shall not exceed 1.5 times the buildable area- -2- r- (1) Front Yards. The minimum width required for front yards shall be twenty (20) feet, with a maximum of thirty-five (35) feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three (3) feet wide on building sites forth (40) feet wide or less, or four (4) feet on lots wider than forth (40) feet, provided that the side yard on the rear twenty (20) feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of •ten '(10) feet. (4) Between Detached Buildings. There shall be a minimum of ten (10) feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non- conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures_ Buildings and.struetures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C. hereinabove, which were in existence, or for which permits have been issued, on the effective date of this ordinance, may be continued, -3- rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. F. OFF-STREET PARKING In lieu of the off-street parking requirements set forth in Section 20.08.190 of the Newport Beach Municipal Code, one garage space shall be provided for the first five (5) rooms, exclusive of bathrooms, in each dwelling unit. One additional garage space shall be provided for each additional increment of two (2) rooms, or fraction thereof, in each dwelling unit. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED, however, that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace; health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adop- tion by a four -fifths vote of the members of the City Council. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on •the day of s T ATTEST: City Clerk 1972, by the following vote, to wit: -5- AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: Mayor DON dm 11/13/72 4 K NO. 1477 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND IN CONFORMANCE WITH THE PROPOSED AMENDED R-1.5 DISTRICT WHEREAS, most of the properties on Balboa Island are zoned in the R-2 District; and WHEREAS, the construction of two detached single- family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lots; and WHEREAS, the rapid population growth of the City of Newport Beach has created increasing pressures for intensive development and redevelopment of the R-2 properties on Balboa Island which has resulted in and will continue to result in an overcrowding of buildings into the extremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and Planning Commission have initiated planning studies to de- velop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach, and WHEREAS, as a result of these studies a new zoning district known as the R-1.5 District was adopted and made a part of the planning and zoning code for the City of Newport Beach; and WHEREAS, the Planning Commission has set a public hearing on December 7, 1972 to consider certain amendments to the R-1.5 District; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning -1- 0 ordinances as emergency measures prohibiting uses which may conflict with a zoning proposal which the legislative body is considering; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code; NOW," THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT AND FLOOR AREA LIMIT The total gross floor area, including basements, garages and carports, contained in all buildings shall not exceed 1.5 times the buildable area of the site. No more than two livable stories shall be included within a structure. For dwellings, the building height limit shall be specified in Chapter 20.09. For accessory buildings, the building height shall be fifteen (15) feet. B. SITE AREA AND DWELLING AREA Family Unit in Any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any build- ing site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. C. BUILDABLE AREA The maximum building area coverage permitted for aggregate buildings shall be full coverage, less required front, side and rear yards. The maximum area of the building shall not exceed 1.5 times the buildable area. -2- D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty (20) feet, with a maximum of thirty-five (35) feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three (3) feet wide on building sites forth (40) feet wide or less, or four (4) feet on lots wider than forth (40) feet, provided that the side yard on the rear twenty (20) feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten (10) feet. (4) Between Detached Buildings. There shall be a minimum of ten (10) feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non- conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C hereinabove, which were in existence, or for which permits have been issued, on the effective date of this ordinance, may be continued, -3- y rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. F. OFF-STREET PARKING In lieu of the off-street parking requirements set forth in Section 20.08.190 of the Newport Beach Municipal Code, one garage space shall be provided for the first five (5) rooms, exclusive of bathrooms, in each dwelling unit. One additional garage space shall be provided for each additional increment of two (2) rooms, or fraction thereof, in each dwelling unit. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED,. however, that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adop- tion by a four -fifths vote of the members of the City Council. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of R 0 w NnvamhPr . 1972. by the following vote, to wit: NO. 1477 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND IN CONFORMANCE WITH THE PROPOSED AMENDED R-1.5 DISTRICT WHEREAS, most of the properties on Balboa Island are zoned in the R-2 District; and WHEREAS, the construction of two detached single- family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lots; and WHEREAS, the rapid population growth of the City of Newport Beach has created increasing pressures for intensive development and redevelopment of the R-2 properties on Balboa Island which has resulted in and will continue to result in an overcrowding of buildings into the extremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and Planning Commission have initiated planning studies to de- velop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach, and WHEREAS, as a result of these studies a new zoning district known as the R-1.5 District was adopted and made a part of the planning and zoning code for the City of Newport Beach; and WHEREAS, the Planning Commission has set a public hearing on December 7, 1972 to consider certain amendments to the R-1.5 District; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning -1- ordinances as emergency measures prohibiting uses which may conflict with a zoning propo$al which the legislative body is considering; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code; NOW,' THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT AND FLOOR AREA LIMIT The total gross floor area, including basements, garages and carports, contained in all buildings shall not exceed 1.5 times the buildable area of the site. No more than two livable stories shall be included within a structure. For dwellings, the building height limit shall be specified in Chapter 20.09. For accessory buildings, the building height shall be fifteen (15) feet. B. SITE AREA AND DWELLING AREA Family Unit in Any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any build- ing site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. C. BUILDABLE AREA The maximum building area coverage permitted for aggregate buildings shall be full coverage, less required front, side and rear yards. The maximum area of the building shall not exceed 1.5 times the buildable area. -2- D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty (20) feet, with a maximum of thirty-five (35) feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three (3) feet wide on building sites forth (40) feet wide or less, or four (4) feet on lots wider than forth (40) feet, provided that the side yard on the rear twenty (20) feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten (10) feet. (4) Between Detached Buildings. i There shall be a minimum of ten (10) feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non- conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C hereinabove, which were in existence, or for which permits have been issued, on the effective date of this ordinance, may be continued, -3- 0 rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. F. OFF-STREET PARKING In lieu of the off-street parking requirements set forth in Section 20.08.190 of the Newport Beach Municipal Code, one garage space shall be provided for the first five (5) rooms, exclusive of bathrooms, in each dwelling unit. One additional garage space shall be provided for each additional increment of two (2) rooms, or fraction thereof, in each dwelling unit. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED,. however, that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adop- tion by a four -fifths vote of the members of the City Council. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 13th we day of November , 1972, by the following vote, to wit: ATTEST: City Clerk -5- AYES, COUNCILMEN: McInnis, Rogers, Croul, Kymla, Rvckoff, Store NOES, COUNCILMEN: None ABSENT Mayor Dostal DON dm 11/13/72 ORDINANCE NO. 1477 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND IN CONFORMANCE WITH THE PROPOSED AMENDED R-1.5 DISTRICT WHEREAS, most of the properties on Balboa Island are zoned in the R-2 District; and WHEREAS, the construction of two detached single- family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lots; and WHEREAS, the rapid population growth of the City of Newport Beach has created increasing pressures for intensive development and redevelopment of the R-2 properties on Balboa Island which has resulted in and will continue to result in an overcrowding of buildings into the extremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and Planning Commission have initiated planning studies to de- velop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach, and WHEREAS, as a result of these studies a new zoning district known as the R-1.5 District was adopted and made a part of the planning and zoning code for the City of Newport Beach; and WHEREAS, the Planning Commission has set a public hearing on December 7, 1972 to consider certain amendments to the R-1.5 District; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning -1- ordinances as emergency measures prohibiting uses which may conflict with a zoning propo$al which the legislative body is considering; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code; NOW; THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT AND FLOOR AREA LIMIT The total gross floor area, including basements, garages and carports, contained in all buildings shall not exceed 1.5 times the buildable area of the site. No more than two livable stories shall be included within a structure. For dwellings, the building height limit shall be specified in Chapter 20.09. For accessory buildings, the building height shall be fifteen (15) feet. B. SITE AREA AND DWELLING AREA Family Unit in Any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any build- ing site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. C. BUILDABLE AREA The maximum building area coverage permitted for aggregate buildings shall be full coverage, less required front, side and rear yards. The maximum area of the building shall not exceed 1.5 times the buildable area. -2- (1) Front Yards. The minimum width required for front yards shall be twenty (20) feet, with a maximum of thirty-five (35) feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three (3) feet wide on building sites forth (40) feet wide or less, or four (4) feet on lots wider than forth (40) feet, provided that the side yard on the rear twenty (20) feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten (10) feet. (4) Between Detached Buildings. There shall be a minimum of ten (10) feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non- conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C hereinabove, which were in existence, or for which permits have been issued, on the effective date of this ordinance, may be continued, -3- 0 rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. F. OFF-STREET PARKING In lieu of the off-street parking requirements set forth in Section 20.08.190 of the Newport Beach Municipal Code, one garage space shall be provided for the first five (5) rooms, exclusive of bathrooms, in each dwelling unit. One additional garage space shall be provided for each additional increment of two (2) rooms, or fraction thereof, in each dwelling unit. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED,. however, that after notice pursuant to Section 65856 of the California Government Code -and public hearing, the City Council may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adop- tion by a four -fifths vote of the members of the City Council. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of IM November , 1972, by the following vote, to wit: ATTEST: City Clerk -5- AYES, COUNCILMEN: McInnis, Rogers, Croul, Kymla, Ryckoff, Store NOES, COUNCILMEN: None ABSENT Mayor Ibstal DON dm 11/13/72 6M ORDINANCE NO. 1477 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND IN CONFORMANCE WITH THE PROPOSED AMENDED R-1.5 DISTRICT WHEREAS, most of the properties on Balboa Island are zoned in the R-2 District; and WHEREAS, the construction of two detached single- family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lots; and WHEREAS, the rapid population growth of the City of Newport Beach has created increasing pressures for intensive development and redevelopment of the R-2 properties on Balboa Island which has resulted in and will continue to result in an overcrowding of buildings into the extremely limited area of the island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and Planning Commission have initiated planning studies to de- velop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach, and WHEREAS, as a result of these studies a new zoning district known as the R-1.5 District was adopted and made a part of the planning and zoning code for the City of Newport Beach; and WHEREAS, the Planning Commission has set a public hearing on December 7, 1972 to consider certain amendments to the R-1.5 District; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning -1- I " s ordinances as emergency measures prohibiting uses which may conflict with a zoning propo$al which the legislative body is considering; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code; NOW,' THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT AND FLOOR AREA LIMIT The total gross floor area, including basements, garages and carports, contained in a•ll buildings shall not exceed 1.5 times the buildable area of the site. No more than two livable stories shall be included within a structure. For dwellings, the building height limit shall be specified in Chapter 20.09. For accessory buildings, the building height shall be fifteen (15) feet. B. SITE AREA AND DWELLING AREA Family Unit in Any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any build- ing site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. C. BUILDABLE AREA The maximum building area coverage permitted for aggregate buildings shall be full coverage, less required front, side and rear yards. The maximum area of the building shall not exceed 1.5 times the buildable area. -2- D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty (20) feet, with a maximum of thirty-five (35) feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three (3) feet wide on building sites forth (40) feet wide or less, or four (4) feet on lots wider than forth (40) feet, provided that the side yard on the rear twenty (20) feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten (10) feet. (4) Between Detached Buildings. There shall be a minimum of ten (10) feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non- conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C hereinabove, which were in existence, or for which permits have been issued, on the effective date of this ordinance, may be continued, -3- l � F n rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. F. OFF-STREET PARKING in lieu of the off-street parking requirements set forth in Section 20.08.190 of the Newport Beach Municipal Code, one garage space shall be provided for the first five (5) rooms, exclusive of bathrooms, in each dwelling unit. One additional garage space shall be provided for each additional increment of two (2) rooms, or fraction thereof, in each dwelling unit. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED,. however, that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adop- tion by a four -fifths vote of the members of the City Council. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of me November , 1972, by the following vote, to wit: ATTEST: City Clerk -5- AYES, COUNCILMEN: McInnis, Rogers, Croul, Kymla, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: Dostal Mayor DON dm 11/13/72 D R A F T ORDINANCE NO. AN ORDIMM'TCE OF TUE CITY OF )TEWPORT BEACH AMENDING SECTIOZ;S 20.13.030, 30.13.0^_0 AND 20.13.050 , AND ADDING SECTION 20.13.070 TO CFAPTER 20.13 OF T3E• NEtiI7;1P0RT BEAC3 MUNICIPAL CODE, PERTAINIriG TO DEVELOPMENT ST<UTDARDS Ili THE R-1.5 DISTRICT The City Council of the Cit;T of Newport Beach does ordain as follows: SECTION 1. Section 20.13.030 of the Newport Beach PZunicipal Code is amended to 'read: "20.13.030 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 nct exceed 1.5 times the buildable area of the site. No more than two livable storms shall be included within a structure. For d,,oellings, -the building height limit shalt be specified in Chapter 20.09. For ac- cessory buildings, the building height shall be fifteen (lS) feat." SECTION 2_ Section 20.13.040 of the Newport Beach municipal Code is amended to -read: "20.13.040 Site Area and Dwelling Area. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet.. On any building site of less than five thousand. (5,.000) square feet which existed prior to the adoption of -this ordinance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for each family unit." SECTION 3. Section 20.13.050 of %?acvport T3^ tch fiunicioal Code is amended to read,: "20.13.050 Buildable A;e.a. 1';?:. i-rta:Z-1mum buildiaq area coverage permitted for aggregate buildings shall b:! .gull coverage, less required front; side and rear yacdo. The. maximum area Of the building .;hall .noc erzceed 1.5 ti.nns the blti.ldebla SECTION 4. Section 20.13.070 is addad to Chapter 20.13 of the Newport Beach Municipal Code to -read: "20.13.070 Off -Street Barking. Sri lieu or the off- street parking requirements set forth in Section 20.08.190 of the Newport Beach Municipal Code, one garage space snail be provided for the first five (5) rooms, exclusive of bathrooms, in each dwelling unit. One additional garage space shall be provided for each additional in- crement of two (2) rooms, or fraction thereof, in each dwelling unit." SECTION 5. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the elate of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of day of to wit ATTEST: City c w _?. 19 , and was adopted on the 19 , by the following vote, AYES, C0 NCLT,MEN: OES, C0UNCILMEN: ABSENT C0UNCILMEN: Mayor 9 I ROLL CAI .11 COUNCILMEN CITY OF NEWPORT BEACH MINUTES O��Onp�4pa wr 10' November 13. 1972 itinFx 1. Mayor McInnis opened the public hearing regarding Lido Isle the appeal of Mrs. Lucia Wright from the decision of Tennis the Planning Commission granting Use Permit No. Courts 1632 to the Lido Isle Woman's Club to permit the illumination of a tennis court on Lido Isle on Lots 722, 723, 724 and 725 of Tract 907, located on the southwesterly corner of Via Jucar and Via Lido Nord on Lido Island. application of Lucia Wright was presented port from the Community Development XTheal nt. pposing the tennis court Lights from Margaret Howland d Sally Vincenti were presented. Letters were receiv d after the agenda was printed from Mary Lane Diamond opposing the tennis court lights, and from the app�lant and Margaret Howland and Mary Lane Diamond equesting that the hearing be continued to a later date.++,, Margaret Howland, repres rating the Appellant, addressed the Council and requested that the hearing be continued to November 27. Motion x Mayor Pro Tem Rogers made a motio to continue the matter to November 27. Tom Malcolm, President of the Lido Isle Co unity Association, addressed the Council and opposed e continuance. Ayes x x x x A vote was taken on Mayor Pro Tem Rogers' motion, Noes x x which motion carried; and the hearing was continued Absent x to November 27, 1972. 2. Mayor McInnis opened the public hearing regarding BI Zoning consideration of an eight-month's extension to Ordi- nance No. 1459, an emergency ordinance establishing interim development standards for the R-2 District on Balboa Island. A report from the City Attorney regarding extension of Interim Ordinance No. 1459, R-2 District, Balboa Island was presented with a report from the City Manager regarding R-1. 5 classification on Balboa Island. Letters from Don Adkinson and C. B. Knickerbocker regarding restriction of lot coverage and parking on Balboa Island were presented. Volume 26 - Page 319 I ROLL CAI COUNCILMEN v a a L �T���m�a2wo(N�f Pm CITY OF REWPORT BEACH November 13, 1972 MINUTES INDEX Letters were received after the agenda was printed from George Hamilton Jones approving an R-1. 5 District on Balboa Island and from H. Warren White opposing high density on Balboa Island. kenneth Elgin, President of the Balboa Island Im- provement Association; Rob Hixson; Tom Houston and Greg Forrest spoke from the audience in favor of the emergency ordinance. Motion x The hearing was closed. Ayes xxxxx x Absent x Emergency Ordinance No. 1477, being, 0-1477 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND IN CONFOR- MANCE WITH THE PROPOSED AMENDED R-1.5 DISTRICT, Motion x establishing interim R-1. 5 zoning on Balboa I_sla_nd. Ayes xxxxx x was adopted. Absent x It was unanimously agreed that the plans in Plan Chec at th's_t�xr�e wou_ be a oed,�q cpptinue. 3. Mayor McInnis opened the public hearing in connection Weed with the Fall, 1972 Weed Abatement Program. Abatement A report was presented from the Fire Chief dated October 17, 1972 and the -Assessment List for the Fall 1972 program. No one desired to be heard. Motion x The Baring was closed. Ayes xxxxx x Absent x Resolution No. 7 6, confirming the report of the R-7866 Fire Chief concerni the cost of the abatement of weeds and other nuisan s, and requesting the Motion x Auditor -Controller of Ora County to enter the Ayes xxxxx x amount of each assessment re rred to in said report Absent x on the County tax roll, was adopt Volume 26 - Page 320 ORDINANCE NO. 1477 AN EMERGENQX =MAI_qCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON B JaQ JaLL _IN CONFORMANCE WITH THE PROPOSED AMENDED R-1.5 DISTRICT WHEREAS, most of the properties on Balboa Island are zoned in the R-2 District; and WHEREAS, the construction of two detached single- family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lots; and WHEREAS, the rapid population growth of the City of Newport Beach has created increasing pressures for intensive development and redevelopment of the R-2 properties on Balboa Island which has resulted in and will continue to result in an overcrowding of buildings into the extremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and Planning Commission have initiated planning studies to de- velop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere. in the City of Newport Beach, and WHEREAS, as a result of these studies a new zoning district known as the R-1.5 District was adopted and. made a part of the planning and zoning code for the City of Newport Beach; and WHEREAS, the Planning Commission has set a public hearing on December 7, 1972 to consider certain amendments to the R-1.5 District; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning I -1- ordinances as emergency measures prohibiting uses which may conflict with a zoning propo$al which the legislative body is considering; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code; NOW; THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT AND FLOOR AREA LIMIT The total gross floor area, including basements, garages and carports, contained in all buildings shall not exceed 1.5 times the buildable area of the site. No more than two livable stories shall be included within a structure. For dwellings, the building height limit shall be specified in Chapter 20.09. For accessory buildings, the building height shall be fifteen (15) feet. B. SITE AREA AND DWELLING AREA Family Unit in Any Building. :Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any build- ing site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. C. BUILDABLE AREA The maximum building area coverage permitted for aggregate buildings shall be full coverage, less required front, side and rear yards. The maximum area of the building shall not exceed 1.5 times the buildable area. -2- D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty (20) feet, with a maximum of thirty-five (35) feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three (3) feet wide on building sites forth (40) feet wide or less, or four (4) feet on lots wider than forth (40) feet, provided that the side yard on the rear twenty (20) feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten (10) feet. (4) Between Detached Buildings. There shall be a minimum of ten (10) feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non- conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Is which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C hereinabove, which were in existence, or for which permits have been issued, on the effective date of this ordinance, may be continued, -3- u rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. F. OFF-STREET PARKING In lieu of the off-street parking requirements set forth in Section 20.08.190 of the Newport Beach Municipal Code, one garage space shall be provided for the first five (5) rooms, exclusive of bathrooms, in each dwelling unit. One additional garage space shall be provided for each additional increment of two (2) rooms, or fraction thereof, in each dwelling unit. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED,. however, that after notice pursuant to Section 65656 of the California Government Code and public hearing, the City Council may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTIOk 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adop- tion by a four -fifths vote of the members of the City Council. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of November , 1972, by the following vote, to wit: ATTEST: City Clerk -5- AYES, COUNCILMEN: McInnis, Rogers, Cmul, Kymla, Ryckoff, Store NOES, COUNCILMEN: None ABSENT Mayor . Thstal DON dm 11/13/72 Adopted 7/24/72 Effective for 120 days (11/21) Set for public hearing 11/13 to ask f6r 8 month extension. ORDINANCE NO. 1459 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND WHEREAS, most of the properties on Balboa Island are zonediin the R-2 District; and WHEREAS, the construction of two detached single-family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the l . lot; and WHEREAS, the -rapid growth of the City of Newport Beach has created increasing pressures for intensive development and re- development of the R-2 properties.on Balboa Island; and WHEREAS, said intensive development and redevelopment of said properties on Balboa Island have resulted in and will continue to result in an overcrowding of buildings into the ex- tremely limited area of the ,Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa island, the City Council and the Planning Commission have initiated planning studies to develop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning ordinances as emergency measures prohibiting uses which may conflict with a zoning proposal which the legislative body is considering; and WHEREAS, Section 412 of the Newport Beach City Charter authorizes the adoption of ordinances as emergency measures when declared by the City Council to be necessary in preserving the -1- u • i ', ..�. -.fin-y+rr .,. „.,,•.� .rr� , � public peace, health and safety; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code and pursuant to its powers as set forth in Section 412 of the City Charter; NOW, THEREFORE, the City Council of the City of Newport t Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties 'in the R-2 District on Balboa Island: A. BUILDING HEIGHT LIMIT (1) For dwellings, the building height limit shall be two stories, but not exceeding twenty-eight feet. (2) For accessory buildings,, the building height limit shall be fifteen feet. B. SITE AREA AND DWELLING AREA (1) Family Unit in any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any building site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed pro- vided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. (2) Duplex Area. The second family unit in any duplex shall have a maximum area of 800 square feet. C. SITE AREA COVERAGE The maximum building site coverage per- mitted for aggregate buildings shall be full coverage, less required front, side and rear yards. D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty feet, with a maximum of -2- f th#ty-five feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. 0 (2) Side Yards. Each side yard shall not be less than three feet wide on building site forty feet wide or less, or four feet on lots wider than forty feet, provided that the side yard on the rear twenty feet of the street side of a cor- ner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten feet. (4) Between Detached Buildings. There shall be a minimum of ten feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non -conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C hereinabove, which were in exis- tence, or for which permits have been issued, on the effective date of this ordinance, may be continued, rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED, however, that after notice pursuant to Section 65856 of the Calil!ornia Government Code and public hearing, the City Council -3- miy by a tour -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public i peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adoption. SECTION 4. 'This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of July , 1972, by the following vote, to wit: ATTEST: City Clerk AYES, COUNCILMEN: 1 -4- NOES, COUNCILMEN: ABSENT COUNCILMEN: Mayor DON dm 7/17/72 COUNCILMEN 'FO Ps Om Z2�0 �A O ROLL CALL THY �a a C'9f P� CITY OF Julv 24. 1972 NEWPORT BEACH MINUTES INDEX Motion Ayes Absent x x x xxxxx 5. Emergency interim planning and zoning Ordinance No. 1459, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOP- MENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND, providing for, a 120-day moratorium to restrict building on R-2 lots on Balboa Island until determi- nation is made regarding R-1. 5 zoning in the city. Emergency Ordinance No. 1459 was adopted. B.I R:-1..5 Dist ORDINANCES FOR INTRODUCTION: 1. Amended Ordinance No. 1449, being, Dist Maps 34 & 35 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAPS NOS. 34 AND 35, Planning Commission Amendment No. 313, request of Collins Radio Company to rezone from an Unclassi- fied District to a Planned Community (P-C District) approximately 177. 38 acres, located in the area of mpus Drive, Jamboree Road and MacArthur Boule- var (Collins Radio property). A repor from the Community Development Depart- ment was resented with a copy of the P-C Develop- ment Stands s dated June 21, 1972. had The City Clerks ted a letter had been received from Collins Radio Com ny stating they have no plane to move their Newport each facility. The City Attorney stated at Mayor McInnis had been absent from the la t meeting when subject ordinance was discussed, he s listened to the recordings of the meeting and r viewed the staff reports. Don Koll, developer, and Lowell Mart dale, attorney representing Collins Radio, spoke from a audience. Volume 26 - Page 193 H V � ORDINANCE NO. 1459 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND WHEREAS, most of the properties on Balboa Island are zoned in the R-2 District; and WHEREAS, the construction of two detached single-family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lot; and WHEREAS, the rapid growth of the City of Newport Beach has created increasing pressures for intensive development and re- development of the R-2 properties on Balboa Island; and WHEREAS, said intensive development and redevelopment of said properties on Balboa Island have resulted in and will continue to result in an overcrowding of buildings into the ex- tremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and the Planning Commission have initiated planning studies to develop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning ordinances as emergency measures prohibiting uses which may conflict with a zoning proposal which the legislative body is considering; and ✓ WHEREAS, Section 412 of the Newport Beach City Charter authorizes the adoption of ordinances as emergency measures when declared by the City Council to be necessary in preserving the -1- r public peace, health and safety; and ✓ WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code and pursuant to its powers as set forth in Section 412 of the City Charter; U NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The foilowing development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT LIMIT (1) For dwellings, the building height limit shall be two stories, but not exceeding twenty-eight feet. (2) For accessory buildings, the building height limit shall be fifteen feet. B. SITE AREA AND DWELLING AREA (1) Family Unit in any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any building, site of less than five thousand (5,0001 square feet which existed prior to the adoption of this ordinance, a duplex may be constructed pro- vided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. (2) Duplex Area. The second family unit in any duplex shall have a maximum area of 800 square feet. C. SITE AREA COVERAGE The maximum building site coverage per- mitted for aggregate buildings shall be full coverage, less required front, side and rear yards. D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty feet, with a maximum of -2- ,.. thirty-five feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three feet wide on building site forty feet wide or less, or four feet on lots wider than forty feet, provided that the side yard on the rear twenty feet of the street side of a cor- ner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten feet. (4) Between Detached Buildings. There shall be a minimum of ten feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non -conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C hereinabove, which were in exis- tence, or for which permits have been issued, on the effective date of this ordinance, may be continued, rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. SECTION 2.. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED, however, that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council -3- may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adoption. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of July , 1972, by the following vote, to wit: ATTEST: City Clerk -4- AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: Mayor DON dm 7/17/72 s1 ORDINANCE NO. 1459 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND WHEREAS, most of the properties on Balboa Island are zoned in the R-2 District; and WHEREAS, the construction of two detached single-family dwellings, or one duplex, is a permitted use in the R-2 District; WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lot; and WHEREAS, the rapid growth of the City of Newport Beach has created increasing pressures for intensive development and re- development of the R-2 properties on Balboa Island; and WHEREAS, said intensive development and redevelopment of said properties on Balboa Island have resulted in and will continue to result in an overcrowding of buildings into the ex-. tremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and the Planning Commission have initiated planning studies to develop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach; and ✓ WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning ordinances as emergency measures prohibiting uses which may conflict with a zoning proposal which the legislative body is considering; and ✓ WHEREAS, Section 412 of the Newport Beach City Charter authorizes the adoption of ordinances as emergency measures when declared by the City Council to be necessary in preserving the -1- w public peace, health and safety; and ✓ WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code and pursuant to its powers as set forth in Section 412 of the City Charter; V NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The foilowing development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT LIMIT (1) For dwellings, the building height limit shall be two stories, but not exceeding twenty-eight feet. (2) For accessory buildings, the building height limit shall be fifteen feet. B. SITE AREA AND DWELLING AREA (1) Family Unit in any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any building site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed pro- vided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. (2) Duplex Area. The second family unit in any duplex shall have a maximum area of 800 square feet. C. SITE AREA COVERAGE The maximum building site coverage per- mitted for aggregate buildings shall be full coverage, less required front, side and rear yards. D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty feet, with a maximum of -2- i thirty-five feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three feet wide on building site forty feet wide or less, or four feet on lots wider than forty feet, provided that the side yard on the rear twenty feet of the street side of a cor- ner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten feet. ' (4) Between Detached Building's. There shall be a minimum of ten feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non -conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C hereinabove, which were in exis- tence, or for which permits have been issued, on the effective date of this ordinance, may be continued, rebuilt,. or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED, however, that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council -3- . ♦ F may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. 1 SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adoption. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of July. , 1972, by the following vote, to wit: ATTEST: City Clerk -4- AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN: Mayor DON dm 7/17/72 r ORDINANCE NO. 1459 AN EMERGENCY ORDINANCE_OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE L-.? DISTRICT ON �3ALBOA ISLAND WHEREAS, most of the properties on Balboa Island are zoned in the R-2 District; and WHEREAS, the construction of two detached single-family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lot; and WHEREAS, the rapid growth of the City of Newport Beach has created increasing pressures for intensive development and re- development of the R-2 properties on Balboa Island; and WHEREAS, said intensive development and redevelopment of said properties on Balboa Island have resulted in and will continue to result in an overcrowding of buildings into the ex- tremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and the Planning Commission have initiated planning studies to develop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning ordinances as emergency measures prohibiting uses which may conflict with a zoning proposal which the legislative body is considering; and WHEREAS, Section 412 of the Newport Beach City Charter authorizes the adoption of ordinances as emergency measures when declared by the City Council to be necessary in preserving the -1- ti I ✓ public peace, health and safety; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code and pursuant to its powers as set forth in Section 412 of the City Charter; NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT LIMIT (1) For dwellings, the building height limit shall be two stories, but not exceeding twenty-eight feet. (2) For accessory buildings, the building height limit shall be fifteen feet. B. SITE AREA AND DWELLING AREA (1) Family Unit in any Building. Except as provided by Section 20.08.140, the minimum building site area shall be five thousand (5,000) square feet. On any building site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed pro- vided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. (2) Duplex Area. The second family unit in any duplex shall have a maximum area of 800 square feet. C_ SITE AREA COVERAGE The maximum building site coverage per- mitted for aggregate buildings shall be full coverage, less required front, side and rear yards. D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty feet, with a maximum of -2- 4 thirty-five feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three feet wide on building site forty feet wide or less, or four feet on lots wider than forty feet, provided that the side yard on the rear twenty feet of the street side of a cor- ner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten feet. (4) Between Detached Buildings. There shall be a minimum of ten feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non -conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B and C hereinabove, which were in exis- tence, or for which permits have been issued, on the effective date of this ordinance, may be continued, rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120) days from the date of its adoption; PROVIDED, however, that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council -3- may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adoption. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of July , 1972, by the following vote, to wit: ATTEST: City Clerk ME AYES, COUNCILMEN: NOES, COUNCILMEN ABSENT COUNCILMEN: Mayor DON dm 7/17/72 CITY OF NEWPORT BEACH ,V� 6 e P°N Office of 0� NE�PCP`'xF' CITY ATTORNEY July 10, 1972 To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Emergency Ordinance Establishing Interim Development Standards for the R-2 District on Balboa Island An emergency ordinance has been prepared for Council considera- tion which would establish interim development standards for the R-2 district on Balboa Island. The development standards are similar to those in the R-1,5 district ordinance which the Council has set for public hearing on July 24. Without following the procedures, otherwise required preliminary to the adoption of a zoning ordinance, the City Council, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the City Council, Planning Commission, or the Planning Department is considering or studying, or intends to study, within a reasonable time. Such an urgency measure requires a four -fifths vote of the City Council for adoption. 4 (g- City Attorney DON dm ec: City Manager Aty Clerk ommunity Development Director Y ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR THE R-2 DISTRICT ON BALBOA ISLAND WHEREAS, most of the properties on Balboa Island are !),,I zoned in the R-2 District; and WHEREAS, the construction of two detached single-family dwellings, or one duplex, is a permitted use in the R-2 District; and WHEREAS, in many instances all stories of buildings on R-2 lots have been constructed to the full buildable area of the lot; and WHEREAS, the rapid growth of the City of Newport Beach has created increasing pressures for intensive development and re- development of the R-2 properties on Balboa Island; and WHEREAS, said intensive development and redevelopment of said properties on Balboa Island have resulted in and will continue to result in an overcrowding of buildings into the ex- tremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, social and economic enjoyment of Balboa Island, the City Council and the Planning Commission have initiated planning studies to develop adequate development standards for the multiple residen- tial properties in the R-2 District on Balboa Island and elsewhere in the City of Newport Beach; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning ordinances as emergency measures prohibiting uses which may conflict with a zoning proposal which the legislative body is considering; and WHEREAS, Section 412 of the Newport Beach City Charter authorizes the adoption of ordinances as emergency measures when declared by the City Council to be necessary in preserving the -1- public peace, health and safety; and WHEREAS, in enacting this ordinance the City Council hereby declares that it is acting pursuant to authority of said Section 65858 of the California Government Code and pursuant to its powers as set forth in Section 412 of the City Charter; ! NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The following development standards shall apply to all properties in the R-2 District on Balboa Island: A. BUILDING HEIGHT LIMIT (1) For dwellings, the building height limit shall be two stories, but not exceeding twenty-eight feet. (2) For accessory buildings, the building height limit shall be fifteen feet. B. SITE AREA AND DWELLING AREA (1) Family Unit in any Building. For each family unit in any building, there shall be a minimum of 1,000 square feet of land area. (2) Duplex Area. The second family unit in any duplex shall have a maximum area of 650 square feet or one-fourth the lot area, whichever is larger, but in no case shall the unit exceed 800 square feet. C. SITE AREA COVERAGE The maximum building site coverage per- mitted for aggregate buildings shall be full coverage, less required front, side and rear yards. D. YARDS (1) Front Yards. The minimum width required for front yards shall be twenty feet, with a maximum of -2- thirty-five feet permitted, except as may otherwise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. (2) Side Yards. Each side yard shall not be less than three feet wide on building site forty feet wide or less, or four feet on lots wider than forty feet, provided that the side yard on the rear twenty feet of the street side of a cor- ner lot, where there is reversed frontage, shall not be less than the front yard required or'existing on the adjacent reversed frontage. (3) Rear Yards. For rear yards, there shall be a minimum requirement of ten feet. (4) Between Detached Buildings. There shall be a minimum of ten feet between detached buildings. E. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa Island, which are non -conforming as to building height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing Buildings and Structures. Buildings and structures in the R-2 District on Balboa Island which exceed the building height, and site area and dwelling area coverage, set forth in Paragraphs A, B .and C hereinabove, which were in exis- tence, or for which permits have been issued, on the effective date of this ordinance, may be continued, rebuilt, or changed, provided that the same existing building height and site area and dwelling area coverage is not increased. SECTION 2. This ordinance shall be effective for a period of one hundred twenty (120J days from the date of its adoption; PROVIDED, however, that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council -3- may by a four -fifths vote extend this ordinance for eight months and subsequently extend such interim ordinance for one year. Not more than the two such extensions may be adopted. SECTION 3. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately upon its adoption. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the day of , 1972, by the following vote, to wit: AYES, COUNCILMEN NOES, COUNCILMEN: ABSENT COUNCILMEN: Mayor ATTEST: City Clerk DON dm 7/3/72 PITY,-13F :NEWPORT BEACH CALIFUNIA J"e 9, 1972 Councilman Paul IkYckoff si ,City of Newport Beach Post office WW 2238 Newport Beach. California 92662 Dear,PAkUl-t Znclosed please fi,t►d a second draft of.,thq proposed,` smdrqsn4 ordinanceestablishinginterim development standards for the R-2 District on,Xalboa XOI*nd. X have added a section pertaining to Building Wgrat Limits. unless you advise otherwise. x mill place this item on the agenda for the city council meeting of J'ahe 26th,, Yours very truly* anti. oca Carl Nouhausen w�+, .. ts.- ....r•r+-*iC+gigr-.-� a..✓r..n*7'.A-afiMA ... r ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING INTERIM DEVELOPMENT STANDARDS ~ FOR THE R-2 DISTRICT ON BALBOA ISLAND _ i i WHEREAS, most of the properties on Balboa Island are zoned i in the R-2 District, and WHEREAS, the construction of two detached single-family dwellings, or one duplex, is a permitted use in the R-2 District; { and WHEREAS, in many instances all stories of buil-dings on i R-2 lots have been constructed to the full buildable area of the lot; and i WHEREAS, the rapid growth of the City of Newport Beach has --'_� created 'increasing pressures for intensive development and redevelop- ment of the R-2 properties on Balboa Island; and l- �\\ WHEREAS, said intensive development and redevelopment of sa� 'properties on Balboa Island have resulted in and will continue to result in an overcrowding of•buildings into the extremely limited area of the Island; and WHEREAS, in order to preserve and enhance the physical, ' social and economic enjoyment of Balboa Island, the City Council and i the Planning Commission have initiated planning studies to develop i' adequate development standards for the -multiple residential properties in the R-2 District on Balboa Island; and\� WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of interim zoning ordinances as emergency.measures prohibiting uses which may conflic with a zoning proposal which the legislative body is considering; and `WHEREAS.,. Section 412 of the Newport Beach City Cha er i authorizes the adoption of ordinances as emergency measures whe declared by the City Council to'be necessary in preserving the pubic i i i,;�, i 1 i � 7 peace, health and safety; and WHEREAS, in enacting this ordinance the City Council'/ ; hereby declares that it is acting pursuant to authority of said j Section 65858 of the California Government.Code and pursuant to j I its powers as set forth in Section 412 of the City _Charter; I NOW, THEREFORE', the City Council of the City of Newport } • 1 Beach DOES ORDAIN as follows: I SECTION 1. The following development standards shall apply to all properties in the R-2 District on Balboa Island: A. SITE AREA COVERAGE I (1) The maximum building site coverage permitted shall be full coverage, less required front, side'and rear yards. (2) The maximum horizontal dimension, measured perpendicular to front lot line, of that portion of a building exceeding sixteen (16) feet in height shall be eighty-five per cent (85%) of the distance between the required front and rear yards. , .era B. BUILDING HEIGHT LIMIT The maximum height for any building, any portion of which has a flat, mansard, shed or similar roof, shall be twenty-four (24) feet. The maximum fight for any building entirely covered with a pitched roof, where all planes of such roof intersect at one or more ridge lines, shall be twenty-six (26) feet. C. FLOOR AREA \ The maximum floor area permitted for aggregate buildings, including garages, shall be one hundred and eighty-five per cent (185%) of the buildable area of the site. D. NON -CONFORMING USES The provisions of Chapter 20.44 of the Newport Beach Municipal Code, entitled "Non -Conforming Structures -2- i t , and Uses" shall not be applicable to structures and uses in the R-2 District on Balboa island, which are'non-conforming as to build-ing height, site coverage, or floor area, but instead the following regulations shall be controlling: (1) Existing buildings and structures.) Buildings and structures.in the R-2 District on Balboa Island which exceed the building height, site area coverage, and floor area requirements set forth in Paragraphs A and B hereinabove, which were in existence, or for which permits have been issued, on the effective date of this ordinance, may be continued, rebuilt or changed, provided I that the same existing building height, site area coverage, or floor { area is not increased. / SECTION 2. This ordinance shall be effective for a period .of ninety•(90) days from the date.of its adoption; PROVIDED, however i that after notice pursuant to Section 65856 of the California Government Code and public hearing, the City Council may by a four -fifths vote extend this ordinance for one year. Not more than, two such extensions may 'be adopted; / \SECTION 3". This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public pddde, health, safety and welfare for the reasons stated_.iierein and shall take effedtt"immediately upon its adoption. SECTION 4. This ordinance shall be published once in the ..official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City -.Council of thq,City of f Newport Beach held on the day of 1972, by the following vote, to wit: ; - - AYES, COUNCILMEN: - NOES, COUNCILMEN: ABSENT COUNCILMEN: ATTEST: - _ — Mayor City Clerk boll :mh -3- 6 72 \ I r , I CITY 0•F.NEWPORT BEACH -- DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning Commission' FROM; Community Development Department ' SUBJECT: R-1.5 District Ordinance Attached is a preliminary draft of the R-1.5 District Ordinance - developed by Councilman Paul Rykoff to be applied to all existing R-2 zoned properties on Balboa Island. The proposed ordinance was reviewed by the City Council at their last study session and forwarded to the Commission for their review and any subsequent actions through the public hearing process to establish such a• zone change for Balboa Island. The major differences in comparing the R-1.5 Ordinance to the existing R-2 Ordinance are - contained in those sections dealing with site area.coverage•, building floor area, and non -conforming build. ings.• Where the R-2 zone now allows all stories of buildings to be�constructed' to the full buildable area of the lot,, the R-1.5 zone would reduce the upper story portion of•the building"(any portion over 16 feet in height) by 15%. The total floor area of.. �., the building under the R-1.5 district would be limited to 185% of the buildable area, resulting in a reduction in allowable floor area of 7.5%. I.' Where non -conforming buildings under the present ordinance must secure a use permit to be rebuilt or restored upon being damaged by various hazards, the R=1.5 ordinance would allow all existing', buildings to be rebuilt for any reasons to the same building I height, site area coverage or floor area to which they are 'now., developed. 'Building height limits on Balboa Island would be established in conformance to the adopted city-wide•"height'1',i'th it ordi;nancel'- now under• review. • I I I Please refer to the attached chart comparing the effects ofj / ,current R-2 regulations,• the proposed R-1.5 ordinance,! and p proposed city-wide ordinance on typical Balboa Island lots.l. RVH/CMN/9m 5/17/72, the he. I y DRAFT DRAFT DRAFT' Chap ile 120.15 , R-1.5 DISTRICT Sections: 20.15.010 Effect' of Chapter. 20.15.020 Uses Permitted. 20.15.030 Building Height Limit. 20.15.040 Site Area and Lot Width. 20.15.050 Site Area Coverage. 20.15'.060 FloorArea. i 20.15.070 Yards! 20.15.080 Nonco.riformi•ng Uses.., 20.15.010 Effect of Chapter. The following regulations shall apply in all R-1.5 Districts, subject to the provisions of Chapter 20.08. •(1949'Code $ 9103.2 added by Ord. 635, December 12., 1950). 20.15.020 Uses'Permi' ted. (Same as the R-2 District.) ' 20.15.030 Bui'1'il . ng Height Limit. (To 'be• established by city-wide height limit ordinance.) 20.15.040 Site Area and Lot Width. Same as the R-2 District.) 20:1$:050 Site'Area Coverage. (a) The maximum building site coverage permitted for any ortion of a building shall be full coverage, less required, fron, s de, and rear yards. (b) The maximum horizontal dimedi-ion of any portion• of a buil.ding exceeding sixteen (16) feet in height shall be eighty-five (85)/percent of the distance between'the required front and rear yards. i', �'• -2- j, 1 20.15.060 Floor Area._ the maximum floor area permitted for aggregate buildings., including garages, shall be -one hundred and ,.eighty-five•(185) percent of, the buildable area'of the site. t 20.15.070 Yards''. A. FRONT YARDS.- (Same as the R-2 District) B. SIDE YARDS. (Same as the R-2 District) C. REAR YARDS. (Same as the R-2 District) D. BETW EN DETACHED BUILDINGS. (Same as the 11-2 District) 20.15.'080 .'Nonconforming Uses. The provisions of Chapter 20.44 entitled "NONCONFORMING STRUCTURES AND USES" shall not be applicable I to structures and uses in the, R-1.5 District which are non -conforming'. i �" as to'building height, site doverage, or floor area, but'instead the following regulations shall. be controlling: i (a) Existing 'B'uilldings 'and Structures. Buildings and j structures in the R-1.5 District which exceed the building height, site area coverage, and floor area requirements set forth in, i Sections 20.15.030, 20.15 0, and 20.15.060 'respe•ctively, which ; were in existence on the effective date of this ordinance, may be• , continued, rebuilt or chanted, provided that the same existing .building height, site. area coverage',.or floor�area•is•not increased. i COMPARISON OF CURRENT R-2 REGULATIONS WITH THE PROPOSED R-1..5 ORDINANCES AND THE CITY-WIDE DENSITY,. FLOOR AREA, AND 'BUILDING I BULK ORDINANCES. I Full Development Full Development IFull Development Under Current R-2 Under Proposed Under Proposed'City- Regulations: R-1.5 Ordinance: Wide ,Ordinance: 301X85'(2550 s.f.) Lot: No. of Units' Permitted 2 Dwelling Units 2 Dwelling Units 2 Dwelling Units Max. Floor 3000 sq.ft. to 2750 sq.ft. to 2040 sq. ft. �• Area (Exclud'- 3500 sq.ft, depend- 3200 sq.ft. de. ing Garage); ing on front set-- pending on front. back requirement. setback require- ment. Ratio of.Floor • I Area/Lot Area 118% to 137% 108% to 125% 80% 40'X85'(3400 s.f.) Lot: No. of Units Permitted 2 Dwelling Units 2 Dwelling Units 2 Dwelling Units Max. Floor 4400 sq.ft, to 4000 sq.ft. to 2720 sq., filt,. Area (Exclud- 5100 sq.ft. 4600 sq. ft. ing Garage) depending on depending on front setback front setback requirement.' requirement. 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