The URL can be used to link to this page

Home My WebLink About94-51 - Amending Title 20 of the Newport Beach Municipal Code as Pertains to Balconies and Decks to Encroach a Maximum of 3 Feet into Required Front Yard Setbacks on Residential Lots along East Ocean Front and West Ocean Front on the Balboa Peninsula and• is ORDINANCE NO. 94 -51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AS PERTAINS TO BALCONIES AND DECKS TO ENCROACH A MAXIMUM OF 3 FEET INTO REQUIRED FRONT YARD SETBACKS ON RESIDENTIAL LOTS ALONG EAST OCEAN FRONT AND WEST OCEAN FRONT ON THE BALBOA PENNISULA AND IN WEST NEWPORT (Planning Commission Amendment No.785) 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 the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, the City Council has previously approved Modification No. 4040 so as to permit a ground floor 6 feet 4 inch high raised deck to encroach to the front property line on West Ocean Front; and WHEREAS, the Modifications Committee has previously approved several modifications for balcony encroachments on residential properties abutting East Ocean Front and West Ocean Front; and WHEREAS, the project has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 5 (Minor Alterations in Land Use Limitations); and WHEREAS, pursuant to Section 20.84.30, the Planning Commission has held a duly noticed public hearing to consider Amendment No. 785 to Title 20 of the Newport Beach Municipal Code, amending a portion of Title 20 as it pertains to the design of permitted balcony encroachments into required front yard setbacks in residential districts, adjacent to East Ocean Front and West Ocean Front; and WHEREAS, the City Council by resolution of intent, has initiated an amendment to Section 20.10.025 of the Municipal Code that would authorize limited balcony encroachments into the front yard setbacks on properties abutting East Ocean Front and West Ocean Front. WHEREAS, on October 24 , 1994, the City Council of the City of Newport Beach held a public hearing regarding Amendment No. 785. • NOW THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 20.10.025 of the 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 21/2 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 21/2 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 -2- than 6ih 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. • , Mar uees awnings or shades may project from the building into the rear yard setback in Marquees, g 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. • Alley Width Setback 15' or less 5' 151" to 19'11" 3'9" 20' to 23111" 2'6" 24' or more 0' -3- VI 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: is(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 property 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 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. I. BALCONIES - FRONT YARDS ABUTTING EAST OCEAN FRONT AND WEST OCEAN FRONT. Balconies may encroach up to a maximum of three feet into any required front yard setbacks along East Ocean Front and West Ocean Front. Balcony railings shall be limited to a maximum height of 42 inches, and shall be constructed of transparent material or, if constructed of opaque material, must be at least 40% open. Balconies constructed after the effective date of this ordinance shall be cantilevered such that no underlying support is necessary. Roofs shall not be permitted in required front yard • setbacks except as provided in Section 20.10.025(A). Patios and raised decks located on the ground floor or lower level which encroach into required front yard setbacks shall be constructed in accordance with Sections 20.02.070 and 20.02.071 of the Newport Beach Municipal Code. -5- • SECTION 2. The Mayor shall sign and the City Council 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 10th day of Oct. , 1994, and was adopted on the 24th day of October 1994, by the following vote, to wit: ATTEST: AYES, COUNCILMEMBERS SANSONE WATT, TURNER, HART, COX, DEBAY NOES, COUNCILMEMBERS NONE ABSTAINED COUNCILMEMBER HEDGES ABSENT COUNCILMEMBERS NONE MAY R