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Home My WebLink About93-18 - Amending Title 20 of the Municipal Code So as to Revise the Required Rear Yard Setback for Residential Properties Abutting Alleys with Widths of 24 Feet or More from 2 Feet 6 inches to a Zero Foot Rear Yard Setback (Planning Commission Amendment NORDINANCE NO. 93.18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO REVISE THE REQUIRED REAR YARD SETBACK FOR RESIDENTIAL PROPERTIES ABUTTING ALLEYS WITH WIDTHS OF 24 FEET OR MORE FROM 2 FEET 6 INCHES TO A ZERO FOOT REAR YARD SETBACK (PLANNING COMMISSION AMENDMENT NO. 780) . WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 20 (the Zoning Code) may be amended by changing provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, alleys 24 feet in width or more are adequate to provide vehicular maneuverability into adjacent parking spaces; and WHEREAS, there are several 25 foot and 30 foot wide alleys in portions of Peninsula Point; and WHEREAS, numerous residential properties which abut 25 foot and 30 foot wide alleys in portions of Peninsula Point have buildings, fences and walls constructed up • to the rear property line; and WHEREAS, the Modifications Committee has approved several encroachment requests adjacent to the wide alleys because of adequate vehicular maneuverability; and WHEREAS, by amending the Municipal Code to allow a zero foot rear yard setback on alleys with a width of 24 feet or more, the demand for numerous minor modifications would be lessened; and WHEREAS, the Planning Commission has determined that the subject amendment is exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations); and WHEREAS, on July 8,1993, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 780; and • WHEREAS, on August 9, 1993, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this ordinance; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 20.10.025 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.10.025 EXTENSIONS INTO YARDS. A. ARCHITECTURAL FEATURES Architectural features such as cornices or eaves may extend not exceeding 2'h feet into any required front or rear yard setback; provided, however, that such architectural 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, 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 may encroach to a maximum distance of 21h feet from any side yard setback line provided 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 5 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 setback in any "R" District not to exceed 5 feet from the building nor more than half 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 6V2 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 building into the rear yard setback in any 'R" District not to exceed 21h 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 obstructions must set back from rear property lines the distances shown in the following table, except as provided in Section 20.10.025 (G) and Section 20.02.070. -2- Alley Width Setback 15' or less 5' 1511" to 19'11" 319" 20' to 23'11" 2'6" 24' or more 0' •G. ENCROACHMENTS IN RESIDENTIAL REAR YARD SETBACKS ABUTTING ALLEYS. In residential districts having alleys to the rear of lots or building sites, a second -story projection will be permitted to encroach into the setback stipulated in Section 20.10.025 (F), subject to the following conditions: (1) No projection may extend closer than 76" to the center of any alley. (2) No projection may extend closer than 2'6" to the rear properly line. (3) That portion of the building which encroaches into the required rear yard setback shall have a minimum ground clearance of 8'0 ". (4) No encroachment will be permitted on lots having a depth exceeding eighty -five feet. H. BAY WINDOWS AND GREENHOUSE WINDOWS. The terms 'bay windows" and • "greenhouse windows" shall be defined as window openings in or projections extending beyond the wall of a building which satisfy all of the following criteria: a. the interior surface is elevated at least 18 inches above the adjacent finished floor surface at the required building setback line; and b. the overall vertical dimension of the projection does not exceed a height of 10 feet; and C. the opening is limited by design from being used as a door or entry. Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a distance of 2 feet into any required front yard setback of 10 feet or more. Said windows not to exceed 8 feet in width, may also encroach a distance of 16 inches into any required front • yard setback ranging from 4 feet to less than 10 feet. Bay windows and greenhouse windows, located on the first floor of a structure, not to exceed 8 feet in width, may encroach a distance of 2 feet into any required side yard setback, provided that said encroachment shall be at least 2 feet from any side property line. Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a -3- • is U distance of 2 feet into any required rear yard setback, unless the rear property line of the lot is adjacent to an alley. Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a distance of 2 feet into any required setback between buildings on the same lot. No more than 2 bay windows or greenhouse windows on a structure shall be permitted to encroach into any one setback. Total permitted front or rear yard setback encroachments, including bay windows, greenhouse windows, and chimneys shall not exceed 50 percent of the buildable width of the lot. (Ord. 92 -34, August 26, 1992; Ord. 88 -31, October 12, 1988; Ord. 86 -31, January 7, 1987; Ord. 1789 § 1, 1979; Ord. 1398 § 1, August 9, 1971; Ord. 1176 § 2, September 12, 1966; Ord. 1034, April 8, 1963; 1949 Code § 9105.4 (a -g) added by Ord. 635, December 12, 1950). This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of August, 1993, and was adopted on the 23rd _day of August . 1993, by the following vote, to wit: AYES, COUNCIL MEMBERS DES, SIANSONE, WATT, TURNER, HART, COX, :• A ST: k PC) CLERK �. DANA- A\AMPWAMORD -4-