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Home My WebLink About1034 - Planning & Zoning• AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA 1 County of Orange j as. I, ......ARV O E. HAAPA ......................... being first ............................. duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the ...... Ordinance No. 1034 ............ ............................... I ........................................................... ............................... of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, .......1.......... consecu- tive times: to -wit the issue(s) of Apr 1!.._!1$..._1963. ( Signed) .......................... _ .. _ Subscribed and sworn to before me this. Flt it of ....... ...........Apri1............... 19..63 Notary c in and for the Count Orange, State of California. My boMM0 =ICM Ex"', A CY. JOp 9Dm7. ORDINANCE NO. 1034 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND - IN G S ECTION 9105.4 OF ART - ICLE IX OF THE NEWPORT BEACH MUNICIPAL CODE RE- LATING TO PLANNING AND ZONING The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 9105.4 of the Newport Beach Municipal Code is amended to read: "SECTION 97.05.4. Yards: (a) Architectural features suchas cornices or eaves may extend not exceeding two and one-half (2 1 /2) feet into any required front or rear yard set- back; provided, however, that such architectural features shall not project any closer than two (2) feet from side property line. (b) Fireplaces and chimneys not to exceed eight (8) feet in width, constructed of incom- bustible material, may en- croach to a distance of two (2) feet into any required front yard setback of ten (10) feet or more in any 'R' District, pro- vided that the fireplace and chimney must be located not less than five (5) feet from any side yard setback line. (c) Fireplaces and chimneys not to exceed nine (9) feet in width, constructed of incom- bustible material, may en- croach to a maximum distance of two and one -half (2 1/2) feet from any side yard set- back line provided that such encroachment must beat least two (2) feet from any side pro- perty line. (d) Open uncovered porches or landings may project a dis- tance not exceeding six (6) feet into any required front yard setback. (e) Marquees, awnings or shades may project from the building into the front yard setback in any 'R' District not to exceed five (5) feet from the building nor more than one -half the depth of the re- quited front yard, and must be within the required side yard lines and have a clearance a- bove grade vertically of not less than six and one -half (6 1/2) feet. Any such projection from the building shall be self - suppon:- ing and shall be of incombust- ible material or of not less than one -hour fire resistive construction. Marquees, awnings or shades may project from the building into the rear yard setback in any 'R' District not to exceed two and one -half (2 1/2) feet. (f) Whenever an Official Plan Line has been established for any street, required yards shall be measured from such line and in no case shall the pro- visions of this Article be con- strued as permitting any en- croachment upon any Official Plan Line. (g) In residential districts having alleys to the rear of lots or building sites, attached or detached garages, fences, hedges, screen plantings or other obstructions must set back from rear property lines the distances shown in the fol- lowing table: . Alley Width Setback_ 15' or less 5' 15'1" to 19'11" 319" 20' or more 2'6" (h) In case an accessory building is attached to the main building, it shall be made structurally a part of andhave a common wall with the maim building and shall comply in all respects with the require -. ments of this Article applic- able to the main building. Un- less so attached an accessory building in an 'R' District shall be located on the rear one -half (1 /2) of the lot and at least six r1 0 • (6) feet from any dwelling building existing or under con- struction on the same lot or any adjacent lot, provided that in any 'R' District com- bined with any 'B' District the Planning Commission may ap- prove the location of the ac- cessory building on the front half of the lot and detached from the main building with- out a variance, provided the location will not be detriment- al to adjoining property and further provided that the Plan- ning Commission approves of the elevation and location of said accessory building. Said detached accessorybuil- ding may be built to within one (1) foot of one of the side lotlines. Such accessory buil- ding shall not be located with- in five (5) feet of any alley or within five (5) feet of the side line of any alley or within five (5) feet of the side line of the front one -half (1/2) of any adjacent lot, or, in the case of a comer lot, to project be- yond the front yard required or existing on the adjacent lot. In the case of a lot abut- ting on two or more streets, no building shall be erected closer to the property line than the front yard setback, esta- blished on either street. In any case where the rears of lots normallyborder streets and the - fronts of the lots face a common walkway, the main structure and /or accessory buildings may be constructed withinfive (5)feet of the rear property line. In the case of subdivisions where lots or buil- ding sites are laid out or plan- ned to border a street_and over- look a waterway, beach or bluff, the portion of such lots bordering the street may be considered the rear yard for purposes of location, construc- tion or maintenance of main or accessory buildings, pro- vided that all of the lots in a blockconform to this pattern. In all such cases the required setback from the street shall be a minimum of five (5) feet and the normal front yard re- quirements shall apply to the portion of such lots adjacent to any waterway, beach or bluff, except that such front yards may exceed the maxi- mum of thirty -five (35) feet permitted in residential dis- tricts. (i)Every building or portion thereof which is designed or used for any dwelling purpose in any 'C' or 'M' District shall comply with the requirements of such appropriate residential district as is determined by the use to which such 'C' or 'M' District property is being put; provided, however, that when the entire ground floor of any such building is used for any commercial or manufacturing purpose, the yard provisions specified for such 'C' or 'M' Districtmaybe applied to the ground floor only. " SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its a- doption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of March, 1963, and was adopted on the 8th day of April, 1963, by the following vote, to wit:. AYES, COUNCILMEN; Stoddard, Gruber, Cook, Hart, Lorenz, Elder. NOES, COUNCILMEN: None ABSENT COUNCILMEN: Marshall CHARLES E. HART Mayor ATTEST: Margery Schrouder City Clerk • Ll 0 STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF NEWPORT BEACH I, ...... - -.- Margery-$ chrpud- er-------•---------------------------- - - - - -- City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing ......... Ordinance............................................. No... ------ 1034 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ....... 8th_________ day, of ................ April ........ .------------------------- Iq --- 6- by the following vote: AYES: COUNCILMEN....... Stoddard, Gruber Cooks Harts -- _Lorenz,- Elder • NOES: COUNCILMEN.......... one--------------------- - - - --- • ABSENT: COUNCILMEN . ..... ... Marshall ...... ... .............. Datedthis ....... Zd............day of .............. May -.......................................................................... ig.63-- NB 130 -500 12/56 - `�----- -- --------- - - - - -- -- -- - - - - -- City Clerk an Ex -Offs io Clerk of the City - Council, City of Newport Beach, State of California