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HomeMy WebLinkAbout97-23 - Adopting Changes to the Upper Castaways Planned Community District: Regulations (Planning Commission Amendment No. 859)ORDINANCE NO. 97 -23 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING CHANGES TO THE UPPER CASTAWAYS PLANNED COMMUNITY DISTRICT :REGULATIONS (PLANNING COMMISSION AMENDMENT NO. 859) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, at its meeting of May 22, 1997, the Planning Commission adopted a resolution recommending to the City Council the adoption of Amendment No. 859, amending the Upper Castaways Planned Community Development Regulations to provide for additional garden amenities on residential properties and in common areas; and, WHEREAS, the Newport Beach Municipal Code provides specific procedures isfor the implementation of Planned Community zoning for properties within the City of Newport Beach, and WHEREAS, the City of Newport Beach has determined that the proposed amendment is exempt under Class 5 (minor changes in land use limitations), from the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and WHEREAS, on May 22, 1997, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 859; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1. That Section III of the Residential Development Standards of the Upper Castaways Planned Community District Regulations be amended by adding No. 14, 15, • and 16 to read as follows: Ord 97 -23 SECTION III • RESIDENTIAL DEVELOPMENT STANDARDS 14. ARBORS AND TRELLISES Arbors and trellises are allowed in all residential front yard setbacks and must maintain a minimum of four (4) feet from the front property line where property lines are created. Five (5) foot side yard setbacks shall be required. The area of such structures shall not exceed forty (40) square feet with a maximum height of ten (10) feet. Arbors and trellises must be at least 50% open and are pemiitted to attach to fencing provided that the height of said fencing meets the requirements of the Upper Castaways Planned Community Development standards. At street intersections (to include driveway intersections with streets), no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right -of -way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right -of -way lines prolonged. 15. FIREPLACES AND BARBECUES • Freestanding fireplaces and barbecues are permitted in all residential side and rear setback areas provided a four (4) foot side yard setback is maintained and a four (4) foot rear yard setback is maintained for the structure. The height shall be limited to a maximum of ten (10) feet. At street intersections (to include driveway intersections with streets), no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right -of -way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right -of -way lines prolonged. 16. STRUCTURES IN COMMON AREAS Freestanding structure such as entry arbors, trellises, and colonnades are permitted in common areas. Said structures are limited to twelve (12) feet in height, a minimum of 50 % open and shall maintain a setback of four (4) feet from adjacent properties. Freestanding fireplaces or barbecues in common areas are permitted with a maximum height of ten (10) feet and subject to compliance with the requirements of the Uniform Building Code. Fireplaces and barbecues must maintain a four (4) foot setback from property lines. C� • Ord 97 -23 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. The Planning Director of the City of Newport Beach is also hereby instructed and directed to apply all of the provisions of said District Regulations as described herein, the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 4. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on _9th day of June , 1997, and was adopted on the 23rd day of June 1997, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS O'NEIL, EDWARDS, GLOVER, NOYES, MAYOR DEBAY NOES, COUNCIL MEMBERS NONE ABSENT, COUNCIL MEMBERS THOMSON, HEDGES MAYOR u • 0 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 97 -23 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of June, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O Neil, Edwards, Glover, Noyes, and Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of June, 1997. (Seal) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF NEWPORT BEACH ) G�0m.�� City Clerk of the City of Newport Beach, California OF PU13LICATION I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -23 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: June 28, 1997. In witness whereof, I have hereunto subscribed my name this 7th day of July , 1997. City Clerk of the City of Newport Beach, California