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HomeMy WebLinkAbout1176 - Protection of Right-of-Ways• GDR:aem 8/11/66 as follows: ORDINANCE NO. 1176 r - . -, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS 20.02.115, 20.02.225, 20.02.235 AND 20.08.290 OF THE NEWPORT BEACH MUNICIPAL CODE AND AMENDING SECTIONS 20.08.150, 20.08.270 AND 20.08.280 OF SAID CODE TO PROVIDE FOR THE PROTECTION OF RIGHTS -OF -WAY FOR PROPOSED STREET WIDENINGS AND THE OPENING OF MAPPED STREETS The City Council of the City of Newport Beach does ordain SECTION 1. Sections 20.02.115, 20.02.225, 20.02.235`and 20.08.290 of the Newport Beach Municipal Code are repealed. SECTION 2. Section 20.08.150 of the Newport Beach Muni- pal Code is amended to read: "20.08.150 Extensions Into Yards. A. ARCHITECTURAL FEATURES. Architectural features such as cornices or eaves may extend not exceeding 2 -1/2 feet into any required front or rear yard setback; provided, however, that such archi- tectural features shall not project any closer than 2 feet from side property line. B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to exceed 8 feet in width, constructed of incombustibe material, may encroach to a distance of 2 feet into any required front yard setback of 10 feet or more in any R District; provided, that the fireplace and chimney must be located not less than 5 feet from any side yard setback line. Fireplaces and chimneys not to exceed 9 feet in width, - • constructed of incombustible material, may encroach to a maxi- mum distance of 2 -1/2 feet from any side yard setback line pro - vided that such encroachment must be at least 2 feet from any side property line. C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a distance not exceeding 6 feet into any required front yard setback. D. MARQUEES, AWNINGS AND SHADES. Marquees, awnings, or shades may project from the building into the front yard set- back in any R District not to exceed 5 feet from the building nor more than 1/2 the depth of the required front yard, and must be within the required side yard lines and have a clearance above grade vertically of not less than 6 -1/2 feet. Any such projection from the building shall be self - supporting and shall be of incombustible material or of not less than one -hour fire resistive construction. Marquees, awnings or shades may project from the build- ing into the rear yard setback in any R District not to exceed 2 -1/2 feet. E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from said mapped street, and in no case shall the provisions of this Title be construed as permitting any .encroachment upon any mapped street. F. ABUTTING ALLEYS. In residential districts having alleys to the rear of lots or building sites, attached or detached garages', fences, screen plantings or other obstruc- tions must set back from rear property lines the distances shown in the following table: Alley Width Setback i� or es `�' s — 15' 1" to 19' 11" 3' 9" 20' or more 2' 6" • SECTION 3. Section 20,08.270 of the Newport Beach Muni- cipal Code is amended to read: i "20.08.270 Ma ed Streets. A. DEFINITIONS. For the purpose of this section the o Ilowing terms, phrases, words and their derivations shall have the primary meanings given herein. (1) 'Applicant' shall mean any person applying for a building permit within this city. (2) 'Building line' shall mean that certain line estab- lished by the City Council as herein provided. Within the area of a lot between such building line and an abut - ting street right -of -way, no structure shall be erected, constructed or maintained except as set forth herein. (3) 'Building setback area' shall mean the area of a lot between the building line and abutting street right -of -way, extending the full width of such lot. (4) 'Gender'. Any gender includes the other gender. (5) 'General plan' shall mean a general plan or precise plan approved by the City Council in accordance with • applicable state law. • (6) 'Lot' shall mean any lot, parcel or other real property situated within the City. (7) 'Mapped street' shall mean a future street which is laid out and delineated on the General Plan of the City, and on a map of such size, scale and detail that the precise alignment of such street is ascertainable, and shall mean any local, secondary, primary, or major street, whether existing or proposed, shown on map entitled 'Master Plan, City* of Newport Beach, Cali- fornia, Street and Highway', adopted by City Council Resolution No. 5224 on April 25, 1960, and all amend- ments thereto heretofore adopted. (8) 'Notice of appeal' -shall mean a written statement -filed on a prescribed form, appealing to the City Council an action or decision of the Planning Commission hereunder. S(9) -'Written notice' shall mean a notice'in writing, in the United States mail, postage- prepaid, addressed to the last known address of the designated addressee. (10) 'Owner' shall mean any person entitled to the use or possession of real property. • (11) 'Persorio- shall-mean any individual, firm, partner- ship, association, corporation, company or organization of any kind, including public agencies. -(12)- 'Sh811' and 'May' mean mandatory and permissive, respectively. 2. (13) 'Singular' and 'Plural' The singular includes the plural and the plural includes the singular. (14) 'Street' shall mean any street, highway, avenue, boulevard, road, alley, right -of -way, lane, place, square, walk or other public way which heretofore has been, or may hereafter, be dedicated or otherwise acquired by this city or other governmental agency for public street purposes. (15) 'Structure' and 'Building' are synonymous and shall mean anything constructed or erected from an assembly of materials or component parts and which is attached or affixed to realty or which is intended to rest other than temporarily thereupon, or which is attached to something having a fixed location on or below the ground. (16) Tenses, The present tense includes the past and future tenses, and where applicable vice versa, B. BUILDING LINES. Where a lot abuts a public street, a building line is hereby established on said lot parallel to the front lot line thereof and located, measured from the existing center of said street, a distance equal to the required depth of the front yard of said lot (as prescribed by the zoning ordinance), plus a distance equal to 1/2 of the ultimate width of said abutting street as such ultimate width is shown on the General Plan. C. PROTECTION OF RIGHTS -OF -WAY FOR FUTURE WIDENING OF EXISTING STREETS AND FOR MAPPED STREETS. (1) Establishment of future streets. In accordance • with applicable provisions or state law, the City Council may designate and delineate mapped streets and make the same as part of the General Plan. When any such mapped street has been so established, no person shall construct, install or maintain any struc- ture within the right -of -way thereof, except as herein- after specifically provided. (2) Building lines on artiall dedicated streets. Where a lot or ots a ut a street or streets upon which there has been a previous determination by the Planning Com- mission and City Council that only a portion of the ulti- mate street width has been acquired, the City Council shall determine the precise ultimate street width and shall adopt the same as a mapped street on the General Plan, and thereafter such alignment shall be the basis for the establishment of a building line, as provided in Sec- tion 20,08.270 B. hereof. (3) Amendment of the General Plan. Proceedings to amend the Genera Pan by the designation of mapped streets for proposed widenings along any existing street or portion thereof or for,any future street may be init- iated by the Planning Commission, by the City Council, or by any person filing a petition therefor$ with the • Planning Commission. The Planning Commission shall there- upon prgceQs the smatter as an amendment to the General 1?im0 Upon receiving such a recommendation of the Planning Commission'and whenever the public peace, health, safety, interest or welfare is found to so require,,the City 3. Council may establish the proposed width of such street or streets, and the alignment of such future streets, and thereupon shall cause the General Plan to be amended accordingly as provided by state law. D. BUILDING PERMITS; RESTRICTIONS. No building permit •`' shall be issued for the construction of any structure in any building setback area, or in the right -of -way of any mapped,' ! street. Temporary structures such as walls, fences, signs or other easily removable structures, involving a cost of not to exceed one thousand dollars ($1000), may be permitted in such area with the approval of the Planning Director. E. ADMINISTRATIVE RELIEF. (1) Hearings. Any appli- cant aggrieved by the denial or conditional approval of a building permit pursuant to Section 20.08.270 D. hereof may, by written notice, request a hearing on such matter before the Planning Commission. The Plan- ning Commission shall thereupon, and within forty (40) days thereafter, hold a hearing at which the applicant and other interested persons shall be given the oppor- tunity to be heard. At least ten (10) days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed by certified mail to the applicant and to any other person requesting such notice. a. The Planning Commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true: That the denial of the building permit, because of the nature of the land or other unique cir- cumstances, will cause substantial damage to the • applicant; or that, in balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, it is determined that the issuance of the building permit is required in the interests of justice and equity. b. The Planning Commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true:' rue That the applicant will not be substantially damaged by relocating the proposed structure on the lot also - wherq than in the building setback area or in the j mapped street; or that, in balancing the interest of the public and preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would accrue from so using the property. c. The Planning Commission may attach reasonable conditions to its decision. d. The applicant shall be given written notice of the action taken by the Planning Commission. • (2) Appeals. Any person dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after the date of the mailing of the notice of the decision of the - Planning Commission, The City Council shall set the mat- ter before it within thirty (30) days; and shall, at 4. h � J • � u � least ten (10) days prior to the date fixed for the hearing, cause written notice of the time and place thereof to be given to the appellant, the applicant and to any other person requesting the same. The pro- cedure before the City Council shall be the same as for the Planning Commission, and the applicant and appellant' shall be notified of the decision of the City Council. 'F. ACQUISITION. After exhaustion of administrative relief as provided in Section 20.08.270 E. (2) hereof, any applicant dissatisfied with the final decision may, by written notice filed within fifteen (15) days after the date of the mailing of the notice of the decision of the City Council, demand that the City acquire, by eminent domain or other available proceeding, the land belonging to the applicant and located within the right -of -way of the mapped street. Upon failure of the City Council, within six (6) months thereafter, to commence such acqui -- sition proceedings, or thereafter with reasonable dili- gence to prosecute the same to completion, the applicant may reapply for such building permit and thereupon such building permit shall be issued. The provisions of sub- sections E. and F. above shall not apply where the dedi- cation of the building setback area or right -of -way of any mapped street has been required as a condition of approval of a subdivision or use permit. G. EXISTING STRUCTURES; RETROACTIVITY. Structures exist- ing on building setback areas and in mapped streets on the effective date of this section shall be deemed to be legal non - conforming structures, subject to the regulations, limitations, abatement and amortization provided in the Zoning Law. H. COMPLIANCE WITH OTHER LAW. This section shall not per - mit the construction, erection, placing or maintenance of any structure at any place where the same is prohibited by any other law, regulation or ordinance. I. The provisions of this section shall not apply to the installation of underground public utility facilities except to the extent that the location of such facilities shall be by written perntit from the City Engineer. J. SEVERABILITY. If any provision of this section or the ! application thereof to any person or circumstances is held invalid, the remainder of this section and the application of such provisions to other persons or circumstances shall not be affected thereby." SECTION 4. Section 20.08.280 of the Newport Beach Munici- pal Code is amended to read: "20.08.280 Mapped Streets - Exclusions. The hereinafter described portions of mapped streets as s own on that map entitled 'Master Plan, City of Newport Beach, California Stray,- and Highway', adopted by City Council Resolution No. 522+, OnAl l be excluded from the provisions of Section 20.08.270 unless hereafter so designated as mapped streets as provided herein: (1) Balboa Boulevard between 45th and 32nd Streets. • (2) Balboa Boulevard between Alvarado Street and 6th Street. (3) Newport Boulevard between 30th Street and McFadden Place. 5. (4) Irvine Avenue between 16th Street and Cliff Drive. (5) Marguerite Avenue between 5th Avenue and Ocean Boulevard." SECTION .5. This ordinance shall be published once in the official.newspaper of the City and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22d day of August , 1966, and was adopted on the 12th day of r Seutember , 1966, by the following vote, to wit: AYES, COUNCILMEN: Rogers, Parsons, Marshall, Gruber, Cook, Shelton NOES, COUNCILMEN: None ABSENT COUNCILMEN: Forgit 1 i i i If' 1 0