HomeMy WebLinkAbout13 - Construction and Maintenance Projects in Residential District Code AmendmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
November 10, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Alford, Planning Manager, 949 - 644 -3235
palford @city. newport- beach.ca. us
SUBJECT: Construction and Maintenance Projects in Residential Districts Code
Amendment
ISSUE:
Should the City Council approve an amendment to the Newport Beach Municipal Code
to limit construction and maintenance activities in required setback areas of residential
districts?
RECOMMENDATION:
Conduct public hearing;
2. Introduce Ordinance No. 2009- approving the Code Amendment and pass
to second reading on November 24, 2009.
DISCUSSION:
Background:
On October 27, 2009, the City Council continued the Code Amendment to provide the
full Council with the opportunity to discuss it.
Analysis:
As staff noted at the last meeting, it was staffs intention to delete from the list of public
nuisances the parking of vehicles (other than recreational vehicles) in required side or rear
setback yards in residential districts. This change has been made in the draft ordinance
(Attachment No. CC1). In addition, staff is no longer recommending adding the parking of
commercial vehicles in excess of 12 hours to the list of public nuisances. This provision
was removed because staff concluded that it would place a burden on those property
Construction and Maintenance Projects in Residential Districts Code Amendment
November 10, 2009
Page 2
owners in residential districts conducting a remodel, pool installation and similar
improvements on their property. For example, a person demolishing a residential
structure would not be allowed to leave the demolition vehicles and debris removal
trucks on their property. This would increase traffic noise from these vehicles and
increase costs as the owner /contractor would have to remove and return the vehicles
each day the project was ongoing. Additionally, this provision could prohibit residents
from parking their own commercial vehicles at their homes in evenings and weekends.
Otherwise, the key provisions of the proposed Code Amendment remain the same:
• A permit would be required for any "Construction or Maintenance Project" that
meets the following criteria:
1. Is located in a residential district and is visible from any public right -of-
way; and
2. Occupies more than 120 square feet of area of the property's lot area; or
3. Has a height of more than 24 feet.
• Construction or Maintenance Project Permits would be valid for a period of six
months, with the ability to apply for an extension.
• An amortization period of six months for any Construction or Maintenance Project
that was commenced prior to the adoption of this Ordinance.
• The parking or storage of any Watercraft in excess of thirty-four (34) feet on
any property in any residential district would be added to the list of public
nuisances.
Staff believes that these restrictions on large and prolonged construction and
maintenance projects will preserve required setback areas for their intended purpose, to
provide adequate air, light, privacy, and emergency access.
Environmental Review:
This Code Amendment is not subject to the California Environmental Quality
Act (CEQA) because:
1. The proposed code amendment will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Section 15060(c)(2) of
the CEQA Guidelines).
Construction and Maintenance Projects in Residential Districts Code Amendment
November 10, 2009
Page 3
2. The proposed code amendment sets limits on the size and duration of
construction and maintenance projects occurring within the required setback
areas of single -unit residential districts where none exist currently.
3. The code amendment is covered by the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment
(Section 15061(b)(3) of the CEQA Guidelines).
Public Notice:
This item was included on the agenda for this meeting which was posted at City Hall
and on the City's website.
Prepared by:
Patrick J. Afford, Planning Manager
Attachments:
CC1. Draft Ordinance
CC2. October 27, 2009 City Council staff report.
Submitted by:
v°
Sharon Z. Wood, As st nt City Manger
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Attachment No. CC 1
Draft Ordinance
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INTENTIONALLY
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, ADDING CHAPTER
10.64 TO THE CITY OF NEWPORT BEACH
MUNICIPAL CODE REQUIRING A PERMIT FOR
CONSTRUCTION AND MAINTENANCE PROJECTS
IN RESIDENTIAL DISTRICTS AND AMENDING
SECTION 10.50.010 OF THE NEWPORT BEACH
MUNICIPAL CODE TO INCLUDE ADDITIONAL
DEFINITIONS AND SECTION 10.50.020 OF THE
NEWPORT BEACH MUNICIPAL CODE TO INCLUDE
ADDITIONAL NUISANCES
WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed
by a charter adopted by the citizens of the City; and
WHEREAS, Article XI, Section 5 of the Constitution of the State of
California authorizes charter cities to enact ordinances in respect to their
municipal affairs; and
WHEREAS, the City finds and declares that conduct of large construction
and maintenance projects and the parking or storage of certain vehicles and
watercraft in the City on residentially zoned property is a municipal affair; and
WHEREAS, the City finds and declares that large and indefinite
construction and maintenance projects and the parking or storage of certain
vehicles and watercraft in residential districts interferes with the property rights
of the City's inhabitants, presents an appearance of blight, and negatively affects
local property values; and
WHEREAS, the City finds that adopting a clear policy limiting the time by
which these construction and maintenance projects can exist and limiting the
location of vehicles and watercraft which can be parked or stored will prevent
interference with the property rights of the City's inhabitants, prevent the
appearance of blight and promote increased property values; and
WHEREAS, the City desires to reconcile one's right to participate in such
activities with the need to ensure enjoyment of property, preventing the
appearance of blight and promoting property values by placing limitations on
construction or maintenance projects in residential districts.
WHEREAS, the City desires finds that the proposed code amendment will
not result in a direct or reasonably foreseeable indirect physical change in the
environment (Section 15060(c)(2) of the California Environment Quality Act Guidelines).
656818.5
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NOW THEREFORE, the City Council of the City of Newport Beach ordain
as follows:
SECTION 1: Chapter 10.64 of the Newport Beach Municipal Code is hereby added
to read as follows:
CHAPTER 10.64
CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL
DISTRICTS
Sections:
10.64.010
Purpose and Intent
10.64.020
Definitions
10.64.030
Construction and Maintenance Projects — Regulations
10.64.040
Penalty
10.64.050
Construction /Maintenance Project Permits
10.64.060
Approval, Denial, Revocation of Construction /Maintenance
Project Permits
10.64.070
Appeal of Denial or Revocation of Construction /Maintenance
Project Permit
10.64.080
Amortization
10.64.010 Purpose and Intent.
The City Council declares its purpose and intent in enacting this ordinance is as
follows:
A. Large and prolonged Construction and Maintenance Projects conducted
within any portion of Required Setback Areas in Residential Districts cause the
following:
1. A reduction in the value of property;
2. An obstruction to the comfortable enjoyment of property adjacent to the
construction or maintenance project;
3. Adverse impacts on the aesthetic quality of property, giving the appearance
of blighted conditions and a deteriorated environment; and
4. A detriment to the public health, comfort, safety and general welfare,
including, but not limited to, a dangerous attraction for children, impeded ingress
and egress during emergencies, the potential for fire, an invitation to theft and
other criminal conduct, and the peace and quiet of the City and its inhabitants.
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B. The necessity in the public interest for the provisions and prohibitions
contained and enacted herein is declared as a matter of legislative determination
and public policy. It is further declared that the provisions and prohibitions
contained and enacted herein are in pursuance of and for the purpose of
securing and promoting the public health, comfort, convenience, visual
aesthetics, safety, general welfare and property values and the peace and quiet
of the City and its inhabitants.
10.64.020 Definitions
As used in this chapter:
"Abandonment" means any period of inactivity such that the Construction or
Maintenance Project will not be completed within the timeframe set forth in the
Construction /Maintenance Project Permit or any evidence which objectively
demonstrates that the Construction or Maintenance Project is not progressing at
a sufficient pace to complete the project within the timeframe set forth in the
Construction /Maintenance Project Permit.
"Construction or Maintenance Project" means a structure, equipment, vehicle, or
vessel that is being built, made, erected, remodeled, repaired, renovated,
restored or improved that is neither permanently affixed nor intended to be
permanently affixed to the land, foundation or structure at the subject location.
"Construction and Maintenance Project" excludes fencing and screening erected
in accordance with Newport Beach Municipal Code Chapter 15.60. "Construction
and Maintenance Project' excludes those activities requiring permits pursuant
Title 15 of the Newport Beach Municipal Code.
"Not Fully Completed" means that additional work, materials, or any action
remains to be done in order to properly complete the Construction or
Maintenance Project as described in a Construction /Maintenance Project Permit
issued pursuant this Chapter.
"Required Setback Area" means an area within a lot that is established by Title
20 of the Newport Beach Municipal Code for the purpose of governing the
location of structures on a lot.
'Residential District' means a zoning district identified in Section 20.10.010 of the
City of Newport Beach Municipal Code.
10.64.030 Construction and Maintenance Projects — Regulations
A. Except when expressly allowed by a City - issued Construction /Maintenance
Project Permit, no person shall maintain, permit or allow to exist in any portion of
a Required Setback Area in a Residential District a Construction or Maintenance
Project that is Not Fully Completed which is visible from any public right of way
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and that: (1) occupies more than 120 square feet of area of the property's lot
area; or (2) has a height of more than 24 feet.
B. Upon completion or Abandonment of a Construction or Maintenance Project,
it shall be removed from the lot within fifteen (15) calendar days.
C. Nothing in this Chapter shall prevent the enforcement of any other provision
of the Newport Beach Municipal Code. In the event of any conflict between this
Chapter and another provision in this Code, the provision establishing a more
stringent restriction shall control.
10.64.040 Penalty
A. Any violation of this Chapter is subject to those remedies provided for in
Chapters 1.04 and 1.05 of this Code in addition to any other remedies allowed by
State and Federal law.
B. Any violation of this Chapter is hereby declared to be a public nuisance
10.64.050 Construction /Maintenance Project Permits
A. Prior to the commencement of any Construction or Maintenance Project in
any portion of a lot in a Residential District, which Construction or Maintenance
Project will be visible from any public right of way and: (1) will occupy more than
one hundred and twenty (120) square feet of area of the property's lot area; or
(2) will have a height of more than twenty -four (24) feet, the property owner,
tenant or occupier of the property upon which the Construction or Maintenance
Project will be located shall apply for a Construction /Maintenance Project Permit.
The application for the Construction /Maintenance Project Permit shall specify the
precise nature, location, scope of work, and estimated completion date for the
Construction or Maintenance Project.
B. No property owner, tenant, occupier of property, contractor, subcontractor, or
other person or entity shall commence a Construction or Maintenance Project
subject to this Chapter until a valid Construction /Maintenance Project Permit for
the Construction or Maintenance Project has been issued by the City.
C. At no time shall more than one pen-nit be in effect for any one lot.
D. Property owners may apply for a permit not sooner than six months after the
expiration date. of any prior Construction/Maintenance Project Permit regardless
of whether the project enumerated in the earlier Construction /Maintenance
Project Permit was completed prior to the expiration date.
E. No Construction /Maintenance Project Permit shall be issued for a period in
excess of six (6) months. A permit may not be extended beyond the initial six (6)
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656818.5
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month period unless the Planning Director finds both that: (1) due to .
circumstances beyond the control of the Construction/Maintenance Project
Permittee, the Construction or Maintenance Project could not be fully completed
within the time permitted by the initial Construction /Maintenance Project Permit;
and (2) extension of the Construction /Maintenance Project Permit will not
adversely affect the public views or the public health, safety or welfare.
10.64.060 Approval, Denial, Revocation of Construction /Maintenance Project
Permits
A. The Planning Director or his designee shall be responsible for the review and
approval, denial or revocation of Construction /Maintenance Project Permits
pursuant to this chapter.
B. No Construction/Maintenance Project Permit shall be issued for any
construction or maintenance project which violates any provision of the Newport
Beach Municipal Code, state or federal law.
C. The Planning Director, or his designee, may revoke a
Construction /Maintenance Project Permit if he determines any of the following:
1. Continued activity under the Construction /Maintenance Project Permit will violate
Federal, State or local law;
2. Continued activity under the Construction /Maintenance Project Permit constitutes
a violation of any other provision of this Code.
3. Abandonment of the Construction or Maintenance Project has occurred;
4. There has been any material deviation from the precise nature, location, scope
of work or estimated date for completion as described on the
Construction /Maintenance Project Permit application during the tenure of the
Construction /Maintenance Project Permit; or
5. The permittee has made any misrepresentation regarding the precise nature,
location, scope of work or estimated date of completion on the
Construction /Maintenance Project Permit application.
E. The procedure for revocation of a Construction/Maintenance Project Permit
shall require that the Planning Director or his designee conduct an investigation of
the facts surrounding the alleged violation of any portion of this Chapter and notify
the permittee in writing of his intent to revoke any Construction / Maintenance Project
Permit issued pursuant to this Chapter. The notice of intent to revoke shall become
effective, and the Construction /Maintenance Project Permit shall be revoked, fifteen
(15) days after the date of the notice of intent to revoke unless the permittee elects
an administrative hearing as set forth in this Chapter.
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656818.5
10.64.070 Appeal of Denial or Revocation of Construction /Maintenance
Project Permit
A. Any person whose application is denied or who receives notice of intent to
revoke a Construction /Maintenance Project Permit may appeal that decision by
requesting a hearing in writing to the City Clerk, including payment of any
applicable fee(s), within fifteen (15) days from the date of denial or date of the
notice of intent to revoke the permit. Failure to timely appeal the denial or intent
to revoke a permit by the Planning Director, or his designee, shall render that
decision final.
B. The Newport Beach City Manager shall designate the Hearing Officer for the
Construction /Maintenance Project Permit denial or Construction /Maintenance
Project Permit revocation appeal hearing. The Hearing Officer shall not be a
Newport Beach City employee. The employment, performance evaluation,
compensation and benefits of the Hearing Officer, if any, shall not be directly or
indirectly conditioned upon the result of the hearing as determined by the
Hearing Officer.
C. No hearing to contest denial of a Construction /Maintenance Project Permit
application or revocation of a Construction /Maintenance Project Permit before a
Hearing Officer shall be held unless and until a written.request for hearing has
been timely submitted to the City Clerk.
D. A hearing before the Hearing Officer shall be set for a date that is not less
than fifteen (15) and not more than sixty (60) days from the date that the request
for hearing is received by the City Clerk in accordance with the provisions of this
Chapter. The person requesting the hearing shall be notified of the time and
place set for the hearing at least ten (10) days prior to the date of the hearing.
E. The Hearing Officer shall only consider evidence that is relevant to whether
the Planning Director or his designee has properly denied or that the intent to
revoke the Construction /Maintenance Project Permit pursuant to this Chapter.
F. The written notice from the Planning Director or his designee denying or
intending to revoke a Construction /Maintenance Project Permit shall constitute
prima facia evidence of the respective facts contained in those documents
supporting the basis for denial of the Construction /Maintenance Project Permit
application or intended revocation of the Construction /Maintenance Project
Permit.
G. At least ten days prior to the hearing, the appellant shall be provided with
copies of any documents submitted or relied upon by the Planning Director or his
designee in his determination to deny the Construction /Maintenance Project
Permit application or revoke the permit. No other discovery is permitted. Formal
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656818.5
rules of evidence shall not apply
H. The permit applicant or permittee contesting the denial or revocation of a
Construction /Maintenance Project Permit shall be given the opportunity to testify
and present witnesses and evidence in support of issuance or non - revocation of
the Construction /Maintenance Project Permit.
I. The failure of any person requesting an appeal to appear at the administrative
hearing shall constitute a failure to exhaust their administrative remedies and
render the decision of the Planning Director or his designee final.
J. The Hearing Officer may continue the hearing and request additional
information from either the Planning Director or his designee or the appellant, or
both, prior to issuing a written decision.
K. Any person aggrieved by an administrative decision of a Hearing Officer at a
hearing under this Chapter may obtain review of the administrative decision by
filing a petition for review with the Orange County Superior Court - Harbor
Judicial District in accordance with the timelines and provisions as set forth in
California Government Code section 53069.4.
10.64.080 Amortization
Any Construction or Maintenance Project otherwise subject to this Chapter but
that is commenced prior to the enactment of this Chapter shall not be exempted
from the Construction /Maintenance Project Permit requirement of this Chapter.
However, any Construction or Maintenance Project which was commenced prior
to the enactment of this Chapter shall be exempt from enforcement for a period
of six (6) months following the effective date of this chapter.
SECTION 2: Sections 10.50.010 and 10.50.020 of the Newport Beach Municipal
Code are hereby amended to read as follows:
10.50.010 Definitions
"Abate" means to repair, replace, remove, destroy, or otherwise remedy the
condition in question by such means and in such manner and to such an extent as
the enforcement officer in his or her judgment shall determine, is necessary in the
interest of the general health, safety and welfare of the community.
"Appeals Board" means the City Council of the City of Newport Beach.
"City Clerk" means the City Clerk of the City of Newport Beach or his or her
designee.
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656818.5
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"City Manager" means the City Manager of the City of Newport Beach or his/her
designee, including, without limitation, a hearing officer designated by the City
Manager to conduct proceedings pursuant to this chapter.
"Enforcement Officer" means a Newport Beach Code Enforcement Officer or
Newport Beach Municipal Compliance Officer or such other City positions as may
be designated in writing by the City Manager.
"Owner' means the owner of the property that is the subject of the nuisance as
shown on the last equalized assessment roll and any person who occupies the
property pursuant to a written or oral agreement conferring the right to occupy.
"Property" means any building, lot, parcel, real estate, or land or portion of land,
whether improved or unimproved, including adjacent sidewalks, parkways and
parking strips.
"Watercraft" means a type of recreational vehicle designed to be used for water -
related activities, including, but not limited to, sailboats, powerboats, canoes,
kayaks and other personal watercraft.
"Whitegoods" means major household appliances, such as washers, stoves,
refrigerators and freezers, that are typically, but not necessarily, finished in white
enamel.
10.50.020 Nuisance
It is unlawful and a public nuisance for any person owning, leasing, occupying or
having charge or possession of any property in the City, to maintain, permit, cause
or allow to exist on such premises, any of the following conditions:
A. A fire hazard including but not limited to, any cut or uncut shrub, tree, grass,
weeds, vines or other vegetation; combustible refuse or waste; or other flammable
material which by reason of its size, manner of growth or location, constitutes a fire
hazard to any structure, improvement or landscaping;
B. Any swimming pool, spa, pond, fountain or other body of water which is allowed
to become stagnant, unsanitary or unsafe or does not comply with the provisions of
Chapter 15.09 of Newport Beach Municipal Code;
C. The accumulation or storage of automobile parts, rubbish, trash, debris, rubble,
broken -up asphalt, lumber, concrete, plaster, tile, rocks, bricks, building materials,
crates, cartons, containers, boxes, scrap metal, trimmings from plants and trees,
cans, bottles and barrels;
D. Vegetation, including but not limited to, trees, shrubbery, grass and plants
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656818.5 j yf
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which is overgrown, dead, decayed or diseased such that it may:
1. Impede or present a danger to pedestrian or vehicular traffic,
2. Interfere with visibility on, or free use of, or access to, any portion of any public
sidewalk, street, alley or right -of -way, or
3. Harbor rats, vermin, insects and other situations likely to cause a hazard to the
public safety;
E. Unsafe, unsightly, or poorly maintained property including but not limited to:
1. Storage or accumulation of household items, except furniture designed for
outdoor use, barbecues and plants, on patios, roofs, balconies, and in yards in such
a manner as to be visible from a public street, alley, sidewalk or other public right -
of -way,
2. Private driveways or walkways maintained in an unsafe condition which create
a hazard to pedestrians,
3. Outside storage of any whitegoods, whether operable or not, in any area
accessible to children who are not under the care and supervision of the owner or
person in charge of the property,
4. Broken windows, or doors,
5. The failure to secure and maintain from public access all doorways, or other
openings into vacant or abandoned buildings or structures,
6. Buildings or structures which are partially destroyed, partially repaired,
abandoned or which remain in the state of partial construction or disrepair for more
than three months, unless the construction and repairs are being accomplished
pursuant to an active, open building permit.
7. Buildings, walls, fences or structures upon which the condition of the paint or
exterior finish has become so deteriorated as to permit decay, excessive cracking,
peeling, chalking, dry rot, warping or termite infestation,
8. Any front yard or landscaped setback area which, due to the lack of turf, other
planted material, decorative rock, bark or planted groundcover or covering causes
excessive dust or allows the accumulation of debris,
9. Landscaping, grounds, walls, fences, driveways, parking lots, irrigation systems,
or sidewalks which are maintained in such a condition so as to become defective,
unsightly or unsafe,
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656818.5
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10. Deteriorated parking lots, including those containing potholes, cracks, ponds
or ridges,
11. Accumulations of grease, oil or other hazardous material on paved or unpaved
surfaces, driveways, buildings, walls, or fences, or from which any such material
flows or seeps onto any public street, sidewalk, alleyway, or other public or private
right -of -way, and
12. The use of materials other than glass (or other rigid transparent or
semitransparent material designed for permanent installation in a structure) as a
replacement or covering of window panes;
F. The existence of any unlawful encroachment including signs, play equipment,
trash or vegetation, which obstructs or interferes with the free passage or use by
the public, of any public sidewalk, street, alley, beach, or other public right -of -way,
or which may impede emergency access;
G. The use of any machinery or equipment which because of noise, odor,
vibration, fumes or discharge constitutes a health or safety hazard;
H. A violation of any of the terms or conditions of a use permit granted by the City
of Newport Beach;
I. A violation of any provision of the Newport Beach Municipal Code;
J. The parking or storage of any vehicle in the required front yard setback on
private property other than in a garage, carport or paved driveway leading to the
garage or carport;
K. Repetitive, boisterous or unruly conduct by the owner or occupants of the
property that occurs on the property when that conduct: (1) is offensive to a person
of ordinary sensibility; (2) continues after a written or oral request to terminate the
conduct; (3) is offensive to a considerable number of people; and (4) in the opinion
of the Enforcement Officer, results in any of the impacts described in Section
10.50.010 of this chapter.
L. The parking or storage of any Watercraft in excess of thirty -five (35) feet on any
property in any residential district as established by Title 20 of this Code. Length
shall be the distance from the forward most point of the Watercraft to the rear most
point of the Watercraft, including any attachments thereupon.
SECTION 3: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of
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656818.5
Ilv
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 4: 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 of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 5: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2009,
and adopted on the _ day of 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
zu
ATTEST:
Leilani Brown, City Clerk
City of Newport Beach
APPROVED AS TO FORM:
David R. Hunt, City Attorney
For the City of Newport Beach
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656818.5
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Attachment No. CC 2
October 27, 2009, City Council Staff
Report
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CQL'ICIL AGEUDA
NO. SI+
10121 1eq
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.
October 27, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Alford, Planning Manager, 949 -644 -3235
palford @city.newport- beach.ca.us
SUBJECT: Construction and Maintenance Projects in Residential Districts Code
Amendment
ISSUE:
Should the City Council approve an amendment to the Newport Beach Municipal Code
to limit construction and maintenance activities in required setback areas of residential
districts?
RECOMMENDATION:
Conduct public hearing;
2. Introduce Ordinance No. 2009. approving the Code Amendment and pass
to second reading on November 10, 2009.
DISCUSSION:
Background:
At the June 6, 2009, City Council meeting, Council Member Webb asked staff to submit
a draft code amendment that would set limits on the size and duration of construction
and maintenance projects occurring within the required setback areas of single -unit
residential districts.
On July 14, 2009, the City Council initiated the Code Amendment.
Introduction:
Buildings and construction are currently regulated by Title 15 of the Municipal Code.
However, there are construction and maintenance activities that are not regulated
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Construction and Maintenance Projects in Residential Districts Code Amendment
October 27, 2009
Page 2
because they do not involve a structure that is permanently affixed or intended to be
permanently affixed to the ground. They are also different from the legitimate parking or
storage of vehicles and watercraft, because they involve prolonged construction,
remodeling, repairing, or renovation activities.
Setback areas are required to provide adequate air, light, privacy, and emergency
access to residents. Large and prolonged construction and maintenance projects
conducted required setback areas runs counter to this purpose. Furthermore, such
projects cause a reduction in the value of property; obstruct the comfortable enjoyment
of adjacent property; result in adverse impacts on the aesthetic quality of property, and
are a detriment to the public health, comfort, safety and general welfare.
Analysis
The proposed Code Amendment would add a new chapter to Title 10 (Offenses and
Nuisances). Proposed new Chapter 10.64 (Construction and Maintenance Projects in
Residential Districts) would regluire a permit for any "Construction or Maintenance
Project" meeting the following criteria:
1. Is located in a residential district and is visible from any public right -of -way; and
2. Occupies more than 120 square feet of area of the property s lot area; or
3. Has a height of more than 24 feet.
"Construction or Maintenance Project" is defined as a structure, equipment, vehicie, or
vessel that is being built, made, erected, remodeled, repaired, renovated, restored or
improved that is neither permanently affixed nor intended to be permanently affixed to
the land, foundation or structure at the subject location.
The "Construction or Maintenance Project Permit" would be valid for a period of six
months. The Planning Director may extent the permit upon finding that the there are to
circumstances beyond the control of the permittee and that the extension will not
adversely affect the public views or the public health, safety or welfare.
An amortization period of six months is proposed for any Construction or Maintenance
Project that was commenced prior to the adoption of this Ordinance.
The proposed Code Amendment would also revise Chapter 10.50 (Public Nuisance
Abatement) to add the following to the list of public nuisances:
The parking or storage of any Watercraft in excess of thirty -five (35) feet on any
property in any residential district as established by Title 20 of this Code. Length
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Construction and Maintenance Projects in Residential Districts Code Amendment
October 27, 2009
Page 3
shall be the distance from the forward most point of the Watercraft to the rear most
point of the Watercraft, including any attachments thereupon.
• The parking or storage in excess of twelve consecutive hours of any Commercial
Vehicle on any property in any residential district as established by Title 20 of this
Code.
The parking or storage of any vehicle in any Side, Comer Side and Rear Yard
Areas on any property in any residential district as established by Title 20 of this
Code. The following vehicles are exempt from this subsection:
1. Those vehicles defined in California Vehicle Code sections 324, 362 and 635.
Environmental Review:
This Code Amendment is not subject to the California Environmental Quality
Act (CEQA) because:
The proposed code amendment will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Section 15060(c)(2) of
the CEQA Guidelines).
2. The proposed code amendment sets limits on the size and duration of
construction and maintenance projects occurring within the required setback
areas of single -unit residential districts where none exist currently.
3. The code amendment is covered by the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment
(Section 16061(b)(3) of the CEQA Guidelines).
Public Notice:
This item was included on the agenda for this meeting which was posted at City Hall
and on the City's website.
Prepared by:
Patrick J. Alford, Planning Manager
Attachments: CC1. Draft Ordinance
Submitted by:
�,3
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
CCUN i i AGENDA
NO. !114
J.0-611-09
Agenda Item No.
October 27, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Alford, Planning Manager, 949 -644 -3235
pafford@city.newport-beach.ca.us
SUBJECT: Construction and Maintenance Projects in Residential Districts Code
Amendment
ISSUE:
Should the City Council approve an amendment to the Newport Beach Municipal Code
to limit construction and maintenance activities in required setback areas of residential
districts?
1. Conduct public hearing;
2. Introduce Ordinance No. 2009-_ approving the Code Amendment and pass
to second reading on November 10, 2009.
DISCUSSION:
r n �
At the June 6, 2009, City Council meeting, Council Member Webb asked staff to submit
a draft code amendment that would set limits on the size and duration of construction
and maintenance projects occurring within the required setback areas of single -unit
residential districts.
On.July14, 2009, the City Council initiated the Code Amendment.
Introduction:
Buildifigs and construction are currently regulated by Title 15 of the Municipal Code.
However, there are construction and maintenance activities that are not_ regulated
�
iu:HL:s
Ii�10 —o�
CCUN i i AGENDA
NO. !114
J.0-611-09
Agenda Item No.
October 27, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Alford, Planning Manager, 949 -644 -3235
pafford@city.newport-beach.ca.us
SUBJECT: Construction and Maintenance Projects in Residential Districts Code
Amendment
ISSUE:
Should the City Council approve an amendment to the Newport Beach Municipal Code
to limit construction and maintenance activities in required setback areas of residential
districts?
1. Conduct public hearing;
2. Introduce Ordinance No. 2009-_ approving the Code Amendment and pass
to second reading on November 10, 2009.
DISCUSSION:
r n �
At the June 6, 2009, City Council meeting, Council Member Webb asked staff to submit
a draft code amendment that would set limits on the size and duration of construction
and maintenance projects occurring within the required setback areas of single -unit
residential districts.
On.July14, 2009, the City Council initiated the Code Amendment.
Introduction:
Buildifigs and construction are currently regulated by Title 15 of the Municipal Code.
However, there are construction and maintenance activities that are not_ regulated
MUMCIL AGUMA
F10. S I +
l0lz1l0�
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.
October 27, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Alford, Planning Manager, 949 - 644 -3235
palford@city.newport-beach.ca.us
SUBJECT: Construction and Maintenance Projects in Residential Districts Code
Amendment
ISSUE:
Should the City Council approve an amendment to the Newport Beach Municipal Code
to limit construction and maintenance activities in required setback areas of residential
districts?
RECOMMENDATION:
1. Conduct public hearing;
2. Introduce Ordinance No. 2009 - approving the Code Amendment and pass
to second reading on November 10, 2009.
DISCUSSION:
Background:
At the June 6, 2009, City Council meeting, Council Member Webb asked staff to submit
a draft code amendment that would set limits on the size and duration of construction
and maintenance projects occurring within the required setback areas of single -unit
residential districts.
On July 14, 2009, the City Council initiated the Code Amendment.
Introduction:
Buildings and construction are currently regulated by Title 15 of the Municipal Code.
However, there are construction and maintenance activities that are not regulated
Construction and Maintenance Projects in Residential Districts Code Amendment
October 27, 2009
Page 2
because they do not involve a structure that is permanently affixed or intended to be
permanently affixed to the ground. They are also different from the legitimate parking or
storage of vehicles and watercraft, because they involve prolonged construction,
remodeling, repairing, or renovation activities.
Setback areas are required to provide adequate air, light, privacy, and emergency
access to residents. Large and prolonged construction and maintenance projects
conducted required setback areas runs counter to this purpose. Furthermore, such
projects cause a reduction in the value of property; obstruct the comfortable enjoyment
of adjacent property; result in adverse impacts on the aesthetic quality of property, and
are a detriment to the public health, comfort, safety and general welfare.
Analysis:
The proposed Code Amendment would add a new chapter to Title 10 (Offenses and
Nuisances). Proposed new Chapter 10.64 (Construction and Maintenance Projects in
Residential Districts) would require a permit for any "Construction or Maintenance
Project" meeting the following criteria:
1. Is located in a residential district and is visible from any public right -of -way; and
2. Occupies more than 120 square feet of area of the property's lot area; or
3. Has a height of more than 24 feet.
"Construction or Maintenance Project" is defined as a structure, equipment, vehicle, or
vessel that is being built, made, erected, remodeled, repaired, renovated, restored or
improved that is neither permanently affixed nor intended to be permanently affixed to
the land, foundation or structure at the subject location.
The "Construction or Maintenance Project Permit" would be valid for a period of six
months. The Planning Director may extent the permit upon finding that the there are to
circumstances beyond the control of the permittee and that the extension will not
adversely affect the public views or the public health, safety or welfare.
An amortization period of six months is proposed for any Construction or Maintenance
Project that was commenced prior to the adoption of this Ordinance.
The proposed Code Amendment would also revise Chapter 10.50 (Public Nuisance
Abatement) to add the following to the list of public nuisances:
The parking or storage of any Watercraft in excess of thirty -five (35) feet on any
property in any residential district as established by Title 20 of this Code. Length
Construction and Maintenance Projects in Residential Districts Code Amendment
October 27, 2009
Page 3
shall be the distance from the forward most point of the Watercraft to the rear most
point of the Watercraft, including any attachments thereupon.
• The parking or storage in excess of twelve consecutive hours of any Commercial
Vehicle on any property in any residential district as established by Title 20 of this
Code.
• The parking or storage of any vehicle in any Side, Corner Side and Rear Yard
Areas on any property in any residential district as established by Title 20 of this
Code. The following vehicles are exempt from this subsection:
1. Those vehicles defined in California Vehicle Code sections 324, 362 and 635.
Environmental Review:
This Code Amendment is not subject to the California Environmental Quality
Act (CEQA) because:
1. The proposed code amendment will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Section 15060(c)(2) of
the CEQA Guidelines).
2. The proposed code amendment sets limits on the size and duration of
construction and maintenance projects occurring within the required setback
areas of single -unit residential districts where none exist currently.
3. The code amendment is covered by the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment
(Section 15061(b)(3) of the CEQA Guidelines).
Public Notice:
This item was included on the agenda for this meeting which was posted at City Hall
and on the City's website.
Prepared by:
Patrick J. Afford, Planning Manager
Attachments: M. Draft Ordinance
Submitted by:
Wall
..�y ,� ✓.� %�/� Za
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, ADDING CHAPTER
10.64 TO THE CITY OF NEWPORT BEACH
MUNICIPAL CODE REQUIRING A PERMIT FOR
CONSTRUCTION AND MAINTENANCE PROJECTS
IN RESIDENTIAL DISTRICTS AND AMENDING
SECTION 10.50.010 OF THE NEWPORT BEACH
MUNICIPAL CODE TO INCLUDE ADDITIONAL
DEFINITIONS AND SECTION 10.50.020 OF THE
NEWPORT BEACH MUNICIPAL CODE TO INCLUDE
ADDITIONAL NUISANCES
WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed
by a charter adopted by the citizens of the City; and
WHEREAS, Article XI, Section 5 of the Constitution of the State of
California authorizes charter cities to enact ordinances in respect to their
municipal affairs; and
WHEREAS, the City finds and declares that conduct of large construction
and maintenance projects and the parking or storage of certain vehicles and
watercraft in the City on residentially zoned property is a municipal affair; and
WHEREAS, the City finds and declares that large and indefinite
construction and maintenance projects and the parking or storage of certain
vehicles and watercraft in residential districts interferes with the property rights
of the City's inhabitants, presents an appearance of blight, and negatively affects
local property values; and
WHEREAS, the City finds that adopting a clear policy limiting the time by
which these construction and maintenance projects can exist and limiting the
location of vehicles and watercraft which can be parked or stored will prevent
interference with the property rights of the City's inhabitants, prevent the
appearance of blight and promote increased property values; and
WHEREAS, the City desires to reconcile one's right to participate in such
activities with the need to ensure enjoyment of property, preventing the
appearance of blight and promoting property values by placing limitations on
construction or maintenance projects in residential districts.
WHEREAS, the City desires finds that the proposed code amendment will
not result in a direct or reasonably foreseeable indirect physical change in the
environment (Section 15060(c)(2) of the California Environment Quality Act Guidelines).
656818.5
NOW THEREFORE, the City Council of the City of Newport Beach ordain
as follows:
SECTION 1: Chapter 10.64 of the Newport Beach Municipal Code is hereby added
to read as follows:
CHAPTER 10.64
CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL
DISTRICTS
Sections:
10.64.010
Purpose and Intent
10.64.020
Definitions
10.64.030
Construction and Maintenance Projects— Regulations
10.64.040
Penalty
10.64.050
Construction /Maintenance Project Permits
10.64.060
Approval, Denial, Revocation of Construction /Maintenance
Project Permits
10.64.070
Appeal of Denial or Revocation of Construction /Maintenance
Project Permit
10.64.080
Amortization
10.64.010 Purpose and Intent.
The City Council declares its purpose and intent in enacting this ordinance is as
follows:
A. Large and prolonged Construction and Maintenance Projects conducted
within any portion of Required Setback Areas in Residential Districts cause the
following:
1. A reduction in the value of property;
2. An obstruction to the comfortable enjoyment of property adjacent to the
construction or maintenance project;
3. Adverse impacts on the aesthetic quality of property, giving the appearance
of blighted conditions and a deteriorated environment; and
4. A detriment to the public health, comfort, safety and general welfare,
including, but not limited to, a dangerous attraction for children, impeded ingress
and egress during emergencies, the potential for fire, an invitation to theft and
other criminal conduct, and the peace and quiet of the City and its inhabitants.
2
656818.5
B. The necessity in the public interest for the provisions and prohibitions
contained and enacted herein is declared as a matter of legislative determination
and public policy. It is further declared that the provisions and prohibitions
contained and enacted herein are in pursuance of and for the purpose of
securing and promoting the public health, comfort, convenience, visual
aesthetics, safety, general welfare and property values and the peace and quiet
of the City and its inhabitants.
10.64.020 Definitions
As used in this chapter
"Abandonment` means any period of inactivity such that the Construction or
Maintenance Project will not be completed within the timeframe set forth in the
Construction /Maintenance Project Permit or any evidence which objectively
demonstrates that the Construction or Maintenance Project is not progressing at
a sufficient pace to complete the project within the timeframe set forth in the
Construction /Maintenance Project Permit.
"Construction or Maintenance Project" means a structure, equipment, vehicle, or
vessel that is being built, made, erected, remodeled, repaired, renovated,
restored or improved that is neither permanently affixed nor intended to be
permanently affixed to the land, foundation or structure at the subject location.
"Construction and Maintenance Project" excludes fencing and screening erected
in accordance with Newport Beach Municipal Code Chapter 15.60. "Construction
and Maintenance Project' excludes those activities requiring permits pursuant
Title 15 of the Newport Beach Municipal Code.
"Not Fully Completed" means that additional work, materials, or any action
remains to be done in order to properly complete the Construction or
Maintenance Project as described in a Construction /Maintenance Project Permit
issued pursuant this Chapter.
"Required Setback Area" means an area within a lot that is established by Title
20 of the Newport Beach Municipal Code for the purpose of governing the
location of structures on a lot.
"Residential District" means a zoning district identified in Section 20.10.010 of the
City of Newport Beach Municipal Code.
10.64.030 Construction and Maintenance Projects — Regulations
A. Except when expressly allowed by a City- issued Construction /Maintenance
Project Permit, no person shall maintain, permit or allow to exist in any portion of
a Required Setback Area in a Residential District a Construction or Maintenance
Project that is Not Fully Completed which is visible from any public right of way
3
656818.5
and that: (1) occupies more than 120 square feet of area of the property's lot
area; or (2) has a height of more than 24 feet.
B. Upon completion or Abandonment of a Construction or Maintenance Project,
it shall be removed from the lot within fifteen (15) calendar days.
C. Nothing in this Chapter shall prevent the enforcement of any other provision
of the Newport Beach Municipal Code. In the event of any conflict between this
Chapter and another provision in this Code, the provision establishing a more
stringent restriction shall control.
10.64.040 Penalty
A. Any violation of this Chapter is subject to those remedies provided for in
Chapters 1.04 and 1.05 of this Code in addition to any other remedies allowed by
State and Federal law.
B. Any violation of this Chapter is hereby declared to be a public nuisance
10.64.050 Construction /Maintenance Project Permits
A. Prior to the commencement of any Construction or Maintenance Project in
any portion of a lot in a Residential District, which Construction or Maintenance
Project will be visible from any public right of way and: (1) will occupy more than
one hundred and twenty (120) square feet of area of the property's lot area; or
(2) will have a height of more than twenty -four (24) feet, the property owner,
tenant or occupier of the property upon which the Construction or Maintenance
Project will be located shall apply for a Construction /Maintenance Project Permit.
The application for the Construction /Maintenance Project Permit shall specify the
precise nature, location, scope of work, and estimated completion date for the
Construction or Maintenance Project.
B. No property owner, tenant, occupier of property, contractor, subcontractor, or
other person or entity shall commence a Construction or Maintenance Project
subject to this Chapter until a valid Construction /Maintenance Project Permit for
the Construction or Maintenance Project has been issued by the City.
C. At no time shall more than one permit be in effect for any one lot.
D. Property owners may apply for a permit not sooner than six months after the
expiration date of any prior Construction /Maintenance Project Permit regardless
of whether the project enumerated in the earlier Construction /Maintenance
Project Permit was completed prior to the expiration date.
E. No Construction /Maintenance Project Permit shall be issued for a period in
excess of six (6) months. A permit may not be extended beyond the initial six (6)
4
656818.5
month period unless the Planning Director finds both that: (1) due to
circumstances beyond the control of the Construction /Maintenance Project
Permittee; the Construction or Maintenance Project could not be fully completed
within the time permitted by the initial Construction /Maintenance Project Permit;
and (2) extension of the Construction /Maintenance Project Permit will not
adversely affect the public views or the public health, safety or welfare.
10.64.060 Approval, Denial, Revocation of Construction /Maintenance Project
Permits
A. The Planning Director or his designee shall be responsible for the review and
approval, denial or revocation of Construction /Maintenance Project Permits
pursuant to this chapter.
B. No Construction/Maintenance Project Permit shall be issued for any
construction or maintenance project which violates any provision of the Newport
Beach Municipal Code, state or federal law.
C. The Planning Director, or his designee, may revoke a
Construction /Maintenance Project Permit if he determines any of the following:
1. Continued activity under the Construction /Maintenance Project Permit will violate
Federal, State or local law;
2. Continued activity under the Construction/Maintenance Project Permit constitutes
a violation of any other provision of this Code.
3. Abandonment of the Construction or Maintenance Project has occurred;
4. There has been any material deviation from the precise nature, location, scope
of work or estimated date for completion as described on the
Construction /Maintenance Project Permit application during the tenure of the
Construction /Maintenance Project Permit; or
5. The permittee has made any misrepresentation regarding the precise nature,
location, scope of work or estimated date of completion on the
Construction /Maintenance Project Permit application.
E. The procedure for revocation of a Construction/Maintenance Project Permit
shall require that the Planning Director or his designee conduct an investigation of
the facts surrounding the alleged violation of any portion of this Chapter and notify
the permittee in writing of his intent to revoke any Construction/Maintenance Project
Permit issued pursuant to this Chapter. The notice of intent to revoke shall become
effective, and the Construction /Maintenance Project Permit shall be revoked, fifteen
(15) days after the date of the notice of intent to revoke unless the permittee elects
an administrative hearing as set forth in this Chapter.
.+1
656818.5
10.64.070 Appeal of Denial or Revocation of Construction /Maintenance
Project Permit
A. Any person whose application is denied or who receives notice of intent to
revoke a Construction /Maintenance Project Permit may appeal that decision by
requesting a hearing in writing to the City Clerk, including payment of any
applicable fee(s), within fifteen (15) days from the date of denial or date of the
notice of intent to revoke the permit. Failure to timely appeal the denial or intent
to revoke a permit by the Planning Director, or his designee, shall render that
decision final.
B. The Newport Beach City Manager shall designate the Hearing Officer for the
Construction /Maintenance Project Permit denial or Construction /Maintenance
Project Permit revocation appeal hearing. The Hearing Officer shall not be a
Newport Beach City employee. The employment, performance evaluation,
compensation and benefits of the Hearing Officer, if any, shall not be directly or
indirectly conditioned upon the result of the hearing as determined by the
Hearing Officer.
C. No hearing to contest denial of a Construction /Maintenance Project Permit
application or revocation of a Construction /Maintenance Project Permit before a
Hearing Officer shall be held unless and until a written request for hearing has
been timely submitted to the City Clerk.
D. A hearing before the Hearing Officer shall be set for a date that is not less
than fifteen (15) and not more than sixty (60) days from the date that the request
for hearing is received by the City Clerk in accordance with the provisions of this
Chapter. The person requesting the hearing shall be notified of the time and
place set for the hearing at least ten (10) days prior to the date of the hearing.
E. The Hearing Officer shall only consider evidence that is relevant to whether
the Planning Director or his designee has properly denied or that the intent to
revoke the Construction /Maintenance Project Permit pursuant to this Chapter.
F. The written notice from the Planning Director or his designee denying or
intending to revoke a Construction /Maintenance Project Permit shall constitute
prima facia evidence of the respective facts contained in those documents
supporting the basis for denial of the Construction /Maintenance Project Permit
application or intended revocation of the Construction /Maintenance Project
Permit.
G. At least ten days prior to the hearing, the appellant shall be provided with
copies of any documents submitted or relied upon by the Planning Director or his
designee in his determination to deny the Construction /Maintenance Project
Permit application or revoke the permit. No other discovery is permitted. Formal
6
656818.5
rules of evidence shall not apply
H. The permit applicant or permittee contesting the denial or revocation of a
Construction /Maintenance Project Permit shall be given the opportunity to testify
and present witnesses and evidence in support of issuance or non - revocation of
the Construction /Maintenance Project Permit.
I. The failure of any person requesting an appeal to appear at the administrative
hearing shall constitute a failure to exhaust their administrative remedies and
render the decision of the Planning Director or his designee final.
J. The Hearing Officer may continue the hearing and request additional
information from either the Planning Director or his designee or the appellant, or
both, prior to issuing a written decision.
K. Any person aggrieved by an administrative decision of a Hearing Officer at a
hearing under this Chapter may obtain review of the administrative decision by
filing a petition for review with the Orange County Superior Court - Harbor
Judicial District in accordance with the timelines and provisions as set forth in
California Government Code section 53069.4.
10.64.080 Amortization
Any Construction or Maintenance Project otherwise subject to this Chapter but
that is commenced prior to the enactment of this Chapter shall not be exempted
from the Construction /Maintenance Project Permit requirement of this Chapter.
However, any Construction or Maintenance Project which was commenced prior
to the enactment of this Chapter shall be exempt from enforcement for a period
of six (6) months following the effective date of this chapter.
SECTION 2: Sections 10.50.010 and 10.50.020 of the Newport Beach Municipal
Code are hereby amended to read as follows:
10.50.010 Definitions
"Abate" means to repair, replace, remove, destroy, or otherwise remedy the
condition in question by such means and in such manner and to such an extent as
the enforcement officer in his or her judgment shall determine, is necessary in the
interest of the general health, safety and welfare of the community.
"Appeals Board" means the City Council of the City of Newport Beach.
"City Clerk" means the City Clerk of the City of Newport Beach or his or her
designee.
7
656818.5
"City Manager" means the City Manager of the City of Newport Beach or his/her
designee, including, without limitation, a hearing officer designated by the City
Manager to conduct proceedings pursuant to this chapter.
"Commercial Vehicle" means a vehicle of a type required to be registered
commercial under the State of California Vehicle Code and rated over one ton or
having a wheel rim diameter of seventeen inches or greater.
"Enforcement Officer" means a Newport Beach Code Enforcement Officer or
Newport Beach Municipal Compliance Officer or such other City positions as may
be designated in writing by the City Manager.
"Owner" means the owner of the property that is the subject of the nuisance as
shown on the last equalized assessment roll and any person who occupies the
property pursuant to a written or oral agreement conferring the right to occupy.
"Property" means any building, lot, parcel, real estate, or land or portion of land,
whether improved or unimproved, including adjacent sidewalks, parkways and
parking strips.
"Side, Comer Side and Rear Yard Areas" means those areas established by Title
20 of the Newport Beach Municipal Code for the purpose of governing the location
of structures on a lot.
"Watercraft" means a type of recreational vehicle designed to be used for water -
related activities, including, but not limited to, sailboats, powerboats, canoes,
kayaks and other personal watercraft.
"Whitegoods" means major household appliances, such as washers, stoves,
refrigerators and freezers, that are typically, but not necessarily, finished in white
enamel.
10.50.020 Nuisance
It is unlawful and a public nuisance for any person owning, leasing, occupying or
having charge or possession of any property in the City, to maintain, permit, cause
or allow to exist on such premises, any of the following conditions:
A. A fire hazard including but not limited to, any cut or uncut shrub, tree, grass,
weeds, vines or other vegetation; combustible refuse or waste; or other flammable
material which by reason of its size, manner of growth or location, constitutes a fire
hazard to any structure, improvement or landscaping;
B. Any swimming pool, spa, pond, fountain or other body of water which is allowed
to become stagnant, unsanitary or unsafe or does not comply with the provisions of
8
656818.5
Chapter 15.09 of Newport Beach Municipal Code;
C. The accumulation or storage of automobile parts, rubbish, trash, debris, rubble,
broken -up asphalt, lumber, concrete, plaster, tile, rocks, bricks, building materials,
crates, cartons, containers, boxes, scrap metal, trimmings from plants and trees,
cans, bottles and barrels;
D. Vegetation, including but not limited to, trees, shrubbery, grass and plants
which is overgrown, dead, decayed or diseased such that it may:
1. Impede or present a danger to pedestrian or vehicular traffic,
2. Interfere with visibility on, or free use of, or access to, any portion of any public
sidewalk, street, alley or right -of -way, or
3. Harbor rats, vermin, insects and other situations likely to cause a hazard to the
public safety;
E. Unsafe, unsightly, or poorly maintained property including but not limited to:
1. Storage or accumulation of household items, except furniture designed for
outdoor use, barbecues and plants, on patios, roofs, balconies, and in yards in such
a manner as to be visible from a public street, alley, sidewalk or other public right -
of -way,
2. Private driveways or walkways maintained in an unsafe condition which create
a hazard to pedestrians,
3. Outside storage of any whitegoods, whether operable or not, in any area
accessible to children who are not under the care and supervision of the owner or
person in charge of the property,
4. Broken windows, or doors,
5. The failure to secure and maintain from public access all doorways, or other
openings into vacant or abandoned buildings or structures,
6. Buildings or structures which are partially destroyed, partially repaired,
abandoned or which remain in the state of partial construction or disrepair for more
than three months, unless the construction and repairs are being accomplished
pursuant to an active, open building permit.
7. Buildings, walls, fences or structures upon which the condition of the paint or
exterior finish has become so deteriorated as to permit decay, excessive cracking,
peeling, chalking, dry rot, warping or termite infestation,
9
656818.5
8. Any front yard or landscaped setback area which, due to the lack of turf, other
planted material, decorative rock, bark or planted groundcover or covering causes
excessive dust or allows the accumulation of debris,
9. Landscaping, grounds, walls, fences, driveways, parking lots, irrigation systems,
or sidewalks which are maintained in such a condition so as to become defective,
unsightly or unsafe,
10. Deteriorated parking lots, including those containing potholes, cracks, ponds
or ridges,
11. Accumulations of grease, oil or other hazardous material on paved or unpaved
surfaces, driveways, buildings, walls, or fences, or from which any such material
flows or seeps onto any public street, sidewalk, alleyway, or other public or private
right -of -way, and
12. The use of materials other than glass (or other rigid transparent or
semitransparent material designed for permanent installation in a structure) as a
replacement or covering of window panes;
F. The existence of any unlawful encroachment including signs, play equipment,
trash or vegetation, which obstructs or interferes with the free passage or use by
the public, of any public sidewalk, street, alley, beach, or other public right -of -way,
or which may impede emergency access;
G. The use of any machinery or equipment which because of noise, odor,
vibration, fumes or discharge constitutes a health or safety hazard;
H. A violation of any of the terms or conditions of a use permit granted by the City
of Newport Beach;
I. A violation of any provision of the Newport Beach Municipal Code;
J. The parking or storage of any vehicle in the required front yard setback on
private property other than in a garage, carport or paved driveway leading to the
garage or carport;
K. Repetitive, boisterous or unruly conduct by the owner or occupants of the
property that occurs on the property when that conduct: (1) is offensive to a person
of ordinary sensibility; (2) continues after a written or oral request to terminate the
conduct; (3) is offensive to a considerable number of people; and (4) in the opinion
of the Enforcement Officer, results in any of the impacts described in Section
10.50.010 of this chapter.
L. The parking or storage of any Watercraft in excess of thirty-five (35) feet on any
property in any residential district as established by Title 20 of this Code. Length
10
656618.5
shall be the distance from the forward most point of the Watercraft to the rear most
point of the Watercraft, including any attachments thereupon.
M. The parking or storage in excess of twelve consecutive hours of any
Commercial Vehicle in any Side, Comer Side or Rear Yard Area on any property in
any residential district as established by Title 20 of this Code.
N. The parking or storage of any vehicle in any Side, Comer Side and Rear Yard
Areas on any property in any residential district as established by Title 20 of this
Code. The following vehicles are exempt from this subsection:
1. Those vehicles defined in California Vehicle Code sections 324, 362 and 635
SECTION 3: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 4: 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 of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 5: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2009,
and adopted on the _ day of 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
11
656818.5
ATTEST:
Leilani Brown, City Clerk
City of Newport Beach
APPROVE �O FORM:
D .Hunt, City Attorney
For the City of Newport Beach
12
656818.5
Authorizod to Publish Advertisements of all kinds Including public notices by
Decree of the Superior Court of Orange County. California. Number A 6214,
September 29, 1%1, and A -24831 June 11. 1%3
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates.
November 14, 2009
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 18, 2009 at
Costa Mesa, California.
r
Signature
RECEIVED
2019 NOV 20 AN 9? 46
CI:
CRY OF NEWPORT BEACH
PUBLIC NOTICE
ORDINANCE SUMMARY
NOTICE IS HEREBY GIVEN that on NOVemhm 10.
]009, the Coy Council .11he Cdy of Nswpmt Beech.
CMrtemla. ,npoducad an Ord,mnce anhtled
ORDINANCE NO. 2009.27
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEW PORT BEACH, CALIFORNIA,
ADDING CHARTER 10." TO THE CITY
OF NEWPORT BEACH MUNICIPAL CODE
REOUIRINO A PERMIT FOR CONSTRUCTION
•ND MAINTENANCE PROJECTS IN
RESIDENTIAL DISTRICTS AND AMENDING
SECTION 10.50.010of THE NEWPORT BEACH
MUNICIPAL CODE TO INCLUDE ADDITIONAL
DEFINITION$ AND SECTION 40.50.020 OF
THE NEWPORT BEACH MUNICIPAL CODE TO
INCLUDE ADDITIONAL NUISANCES.
The MpMW Old'n.Ca w,U limn CNFINCINM
a"d mNnMnNta KM2Nt in rponed NtWCL
ano" d nuWn"Al pnmcts And rpwro t 041
d ne D'Ofei rs W-161 m is gI,00nfu1 Onlncf And
n vi4lYl IfOnt Any DublK n9MI- 01.way. OCCU"a
"'Oh, than IM IOuate feet of Vee Of the '.Pei
1Ot I ". Or has a hH9Nt of hi than 24 felt.
The pfoOOse, Ord,nan" enll ANO O.M. p, nnn,
Ot ItCnN;a Of the f0shi ,Mms in residei
districts as WOIq nussA(Kt, ears m saceas
Of 351", in length, commiti wbglee In aaCees
01 12 hepn in any si comer si or Is., yard
wa. and any yf hele in any aqe. corner ode on
mar yaw area
A csCMe f cop, of the co PMa teat of the
Ofdmence ,a posted arq may be n.ad ,n the City
Clsi I O15ce. 3300 Neelgn BoOlevard. Newport
Beach, andlof • copy may Oe Obtai tram the
Offto of a h.in.i ".'g.
Dated this nth day 0 NowmOer. 2008.
City o1 Newport Beach
W Llo
7111 P