HomeMy WebLinkAbout92-26 - Amending Title 20 of the Municipal Code so as to Revise the Definition of the Term "Building Site" as it Relates to the "Combining of Lots and Parcels" Requirement, for the Purpose of Increasing the $5,000.00 Limit on Construction Cost in any OneORDINANCE NO. 92-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE
SO AS TO REVISE THE DEFINITION OF THE TERM "BUILDING SITE"
AS IT RELATES TO THE "COMBINING OF LOTS AND PARCELS"
REQUIREMENT, FOR THE PURPOSE OF INCREASING THE $5,000.00
LIMIT ON CONSTRUCTION COST IN ANY ONE YEAR PERIOD FOR
• ALTERATIONS TO EXISTING STRUCTURES
THAT CROSS PROPERTY LINES
(Planning Commission Amendment No. 758)
WHEREAS, Title 20 of the Newport Beach Municipal Code includes
provisions for the combining of lots and parcels when such lots or parcels, because of their
individual size, configuration or location, are insufficient to meet the requirements of Title
20 of the Newport Beach Municipal Code as a separate building site; or where a building
crosses or is planned to cross an existing property line; and
WHEREAS, said provisions prohibit new construction or alterations to existing
structures on such lots or parcels in excess of $5,000.00 in a one year period until such time
as said lots or parcels have been combined into a single building site; and
WHEREAS, the Planning Commission has determined that the existing
$5,000.00 limit for alterations in a one year period is too low and unrealistic based on the
current cost of construction; and
WHEREAS, the Planning Commission has determined that the existing limit
on the value of construction that is permitted in a one year period should be increased so
as to represent current dollar value for construction; and
WHEREAS, the Planning Commission has determined that appropriate
language should be added to Section 20.87.090 so as to provide for the annual adjustment
of the figure to be used for limiting the amount of alterations in a one year period; and
WHEREAS, on May 7, 1992, the Planning Commission of the City of Newport
Beach held a duly noticed public hearing regarding Amendment No. 758.
•WHEREAS, on June 8 1992, the City Council of the City of
Newport Beach held a duly noticed public hearing regarding this ordinance.
NOW, THEREFORE the City Council of the City of Newport Beach does
hereby ordain as follows:
SECTION 1: Section 20.87.090 of the Municipal Code is hereby
amended to read as follows:
20.87.090 BUILDING SITE. The term 'building site" shall mean a
subdivided lot, parcel of land or contiguous combinations thereof which is occupied or
intended to be occupied by a main building or buildings and their accessory buildings,
• together with such yards and open space as are required by the terms of this Title and the
Uniform Building Code, and which fronts directly upon or has permanent access to a street
as defined under Section 20.87.090 of this Title and required by the Uniform Building Code.
A. COMBINING OF LOTS AND PARCELS REQUIRED. Where said building site
contains a lot, a parcel or combination of lots and /or parcels which, because of their
individual size, configuration or location, are insufficient to meet the requirements of this
Title as a separate building site; or where a building crosses or is planned to cross an
existing property line, no new construction or alteration to a single - family dwelling or duplex
in excess of $20,000.00 shall be permitted until such time as the owner or owners of said lots
or parcels has caused to be executed and recorded a covenant and agreement to hold said
• lots or parcels as a single building site. Said covenant and agreement shall have been
approved by the City Attorney as to form and the Planning Director as to content. In the
case of all other forms of development, no new construction or alterations to existing
structures in excess of $20,000.00 shall be permitted until such time as said lots or parcels
shall have been resubdivided into a single building site. The dollar amounts noted in this
section shall be increased automatically, based upon any interim increase in the Consumer
Price Index (the Los Angeles - Long Beach and Anaheim Index) and this automatic increase
shall be calculated and become effective July 1, 1993 and thereafter, on July 1 of each Fiscal
Year for which the Consumer Price Index change applies.
B. WAIVER OF COMBINING REQUIREMENT. Where new buildings are planned
to be built or where existing buildings have been found to be constructed over existing lot
• lines and where said building site is found or intended to be under multiple ownerships or
a combination of ownerships in fee, leasehold, or other estate in real property, the
requirement for a covenant and agreement or a resubdivision as required in Subsection A
may be waived by the Planning Commission upon findings that the estate in the real
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property is of sufficient length to guarantee that the lots or parcels which constitute the
building site will be held as a single entity for the economic duration of the building
improvement to be placed on the site, and that all other requirements of the Newport Beach
Municipal Code and policies of the City which otherwise would be accomplished by the
combining of said lots and /or parcels can be met. The Planning Commission or City
• Council, on appeal, may impose such conditions as deemed necessary to secure the purpose
of this Title.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the City, and the same shall become effective thirty (30) days after the date
of its adoption.
SECTION 3: This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 26th day of may and
adopted on the 8th day of June , 1992, by the following vote, to wit:
• AYES, COUNCIL MEMBERS HEDGES,
WATT, TURNER, SANSONE, HART, COX, PLUMMMER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
ATTEST:
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