HomeMy WebLinkAbout1548 -UPHOLD PLANNING DIRECTOR'S INTERPRETATION OF SECTION 20.62.040RESOLUTION NO. 1548
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH UPHOLDING AN
INTERPRETATION OF PLANNING DIRECTOR RELATING TO
SECTION 20.62.040 OF THE NEWPORT BEACH MUNICIPAL
CODE [PA 2002 -002]
WHEREAS, the Planning Commission of the City of Newport Beach resolves as follows:
That Section 20.03.030 of the Zoning Code defines a nonconforming structure
as a structure that was lawfully erected, but which does not conform with the
property development regulations prescribed in the regulations for the district
in which the structure is located by reason of adoption or amendment of this
code or by reason of annexation of territory to the City.
2. That Section 20.62.040 (C) of the Zoning Code establishes limits on the
amount of structural alterations that can be conducted on a legal
nonconforming structure.
3. That Section 20.03.030 ofthe Zoning Code defines structural alterations as any
change or replacement in the supporting members of a building such as
bearing walls, columns, beams or girders.
4. That the Zoning Code does not define the methodology for the calculation of
the percentage of altered structural elements and Section 20.00.065 of the
Zoning Code authorizes the Planning Director to determine the intent of the
Zoning Code when uncertainty exists.
5. That Planning Directors have interpreted that the percentage is based on linear
footage of structural elements, such as load- bearing walls and roof framing, and
that this method of calculation has been used consistently and without
modification since the structural limits provisions were first adopted in 1990.
6. That the method of calculation used by the Planning Director is appropriate
since construction techniques and the Uniform Building Code require regular
spacing of elements thus allowing a reasonable assumption that
approximately the same number of elements exist within each lineal foot of
load- bearing wall.
7. That the method of calculation used by the Planning Director is consistent
with the definition of "structural alteration," which identifies "bearing walls" as
an example of the supporting members of a building.
8. That the method of calculation used by the Planning Director is reasonable
and fulfills the intent of the Zoning Code.
9. Pursuant to Section 20.62.040 (E -2), all determinations made related to this
Section shall be made before the removal of any of the structural elements in
question.
ADOPTED this 17th day of January 2002, by the following vote, to wit:
BY
Larry Tucker, Chairman
r
Earl McDaniel, Secretary
AYES: McDaniel, Kiser, Agajanian, Gifford
Kranzley and Selich
NOES Tucker
ABSENT: None