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HomeMy WebLinkAbout1477 - Interim Development StandardsORDINANCE 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 -I- 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- . 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 November , 1972, by the following vote, to wit: CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION • DATE I&V- _- -I"6 -- -197-2 CITY CLERK Of THE CITY OF N PORT BEACH • AYES, COUNCILMEN: McInnis, Rogers, Croul, Kymla, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: instal -5- DON dm 11/13/72