HomeMy WebLinkAbout92-7 - Amending Title 20 of the Municipal Code so as to Add the Following Items to the Power and Duties of the Modifications Committee: the Number of Signs Regulated by the Municipal Code; the Location of Accessory Buildings on a Building Site; and the inORDINANCE NO. 92 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING TITLE 20 OF THE
MUNICIPAL CODE SO AS TO ADD THE FOLLOWING ITEMS TO THE
POWER AND DUTIES OF THE MODIFICATIONS COMMITTEE:
THE NUMBER OF SIGNS REGULATED BY THE MUNICIPAL CODE;
THE LOCATION OF ACCESSORY BUILDINGS ON A BUILDING SITE;
AND THE INSTALLATION OF ROOF -TOP ARCHITECTURAL FEATURES
• AND SOLAR EQUIPMENT IN EXCESS OF PERMITTED HEIGHT LIMITS.
(Planning Commission Amendment No. 748)
WHEREAS, Title 20 of the Newport Beach Municipal Code currently
requires Planning Commission approval, by either Exception Permit or Planning
Commission Review, of minor deviations from the Code requirements described above; and
WHEREAS, consideration by the Modifications Committee of the above
noted Code deviations, would provide a public hearing and notification of surrounding
property owners; and
WHEREAS, the Planning Commission requested that Planning
Department staff revise language in the Zoning Code with respect to the power and duties
of the Modifications Committee; and
•
WHEREAS, the public was duly noticed of the public hearing; and
WHEREAS, on March 5, 1992, the Planning Commission of the City of
Newport Beach held a public hearing regarding Amendment No. 748;
WHEREAS, on April 13, 1992, the City Council of the City of Newport
Beach held a public hearing regarding Amendment No. 748.
NOW THEREFORE, the City Council of the City of Newport Beach
does hereby ordain as follows:
Section 1. Section 20.81.020 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.81.020 POWER AND DUTIES. Whenever a strict interpretation
of the provisions of Title 20 of this Code, or its application to any specific case or situation
would preclude a reasonable use of property not otherwise permissible under existing
regulations, the Modifications Committee may grant approval of such modifications relating
to: required building setbacks in front, side or rear yards; heights of walls, hedges or fences;
distances between buildings; area, number and height of signs not requiring an Exception
Permit; structural appurtenances or projections which encroach into front, side or rear yards;
location of accessory buildings on a building site; the installation of rooftop architectural
features and solar equipment in excess of permitted height limits; size or location of parking
spaces or access to parking spaces; swimming pool and swimming pool equipment
encroachments; roof parking of automobiles; minor modifications and improvements to
nonconforming buildings; lot line adjustments; specialty foods permits; and such items as
• may be subsequently set forth by the Planning Commission resolution, subject to a
confirming resolution by the City Council. The Modifications Committee shall also pass
upon all requests to extend existing use permits which have been approved by the Planning
Commission and exercised by the applicant.
Section 2. Section 20.06.090 of the Municipal Code is hereby amended
to read as follows:
20.06.090 EXCEPTIONS. A. Planning Commission shall have the
authority to issue Exception Permits, under the procedure hereinafter provided, allowing
deviations from the provisions of this Chapter which apply to roof signs, off -site signs and
the prohibition of flashing or animated electrical signs, wind signs, moving signs and any
•other outdoor sign not expressly permitted in this Chapter. Exceptions shall not be granted
for any of the following provisions of this Chapter.
1. The limitation on the distance a sign may project over public property.
2. The prohibitions against a sign, signal or device which imitates or resembles
an official traffic sign or signal or attempts to direct the movement of traffic
or hides from view any official traffic sign or signal.
3. The prohibition against any device which directs a beam of light in a flashing
sequence toward a street or highway or any electrical sign or device that
01 interferes with the visibility of any official traffic control device or warning
signal.
B. In order to grant an Exception Permit, the Commission must find that the granting
such permit is necessary to protect a substantial property right, will not be contrary to the
purpose of this Chapter as herein set forth, and will not be materially detrimental to the
health, safety, comfort or general welfare of persons residing in the neighborhood, or
detrimental or injurious to property or improvements in the neighborhood, or to the general
welfare of the City.
C. APPEAL. In case the applicant or any other person is not satisfied with the action
• of the Planning Commission, he may within twenty-one (21) days appeal in writing to the
City Council.
Section 3. Section 20.06.100 of the Municipal Code is hereby amended
to read as follows:
20.06.100 MODIFICATIONS. The Modifications Committee may
grant modifications to the height, number and area of signs not requiring an Exception
Permit or limited by Planned Community District regulations.
Section 4. Section 20.02.061 of the Municipal Code is hereby amended
to read as follows:
20.02.061 ARCHITECTURAL FEATURES AND SOLAR
•EQUIPMENT. Architectural features such as, but not limited to, cupolas, weathervanes,
wrought iron railings, and other decorative roof -top features of an open nature, and solar
equipment, may be permitted in excess of permitted height limits subject to the approval of
the Modifications Committee.
Section 5. Section 20.10.030 of the Municipal Code is hereby amended
to read as follows:
20.10.030 ACCESSORY BUILDING - YARDS. In case an accessory
building is attached to the main building, it shall be made structurally a part of and have
a common wall with the main building and shall comply in all respects with the
requirements of this Title applicable to the main building. Unless so attached, an accessory
building in an "R" District shall be located on the rear one -half of the lot.
A detached accessory building may be built to within 1 foot of one of the side lot lines
provided further that said side lot line is not adjacent to the corner of any intersecting street
right of way and alley. Such accessory building shall not be located within 5 feet of any
alley or within 5 feet of the sideline of any alley or within 5 feet of the sideline of the front
one -half of any adjacent lot, or, in the case of a corner lot, shall not project beyond the front
yard required or existing on the adjacent lot. In the case of a lot abutting on two or
more streets, no building shall be erected closer to the property line than the front yard
setback established on either street. In any case where the rears of lots normally border
streets and the fronts of the lots face a common walkway, the main structure and /or
accessory buildings may be constructed within 5 feet of the rear property line. In the case
• of subdivisions where lots or building sites are laid out or planned to border a street and
overlook a waterway, beach or bluff, the portion of such lots bordering the street may be
considered the rear yard for purposes of location, construction or maintenance of main or
accessory building, provided, that all of the lots in a block conform to this pattern. In all
such cases, the required setback from the street shall be a minimum of 5 feet and the
normal front yard requirements shall apply to the portion of such lots adjacent to any
waterway, beach or bluff, except that such front yards may exceed the maximum of 35 feet
permitted in residential districts.
Section 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
• newspaper and shall be effective thirty (30) days after the date of its adoption.
Section 7. This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 23rd day of March , 1992, and was
adopted on the 13th day of April , 1992, by the following vote, to wit:
AYES, COUNCIL MEMBERS BEDGES, WATT,
NOES, COUNCIL MEMBERS NONE