HomeMy WebLinkAbout99-11 - Approving an amendment to Section 20.10.030 (Property Development Regulation M), Section 20.10.40 (B-2), and Section 20.41.060 (Property Development Regulation I) of Title 20 of the NBMC pertaining to the calculation of residential floor areas (PORDINANCE 99 -11
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT SECTION
20.10.030 (PROPERTY DEVELOPMENT REGULATION M), SECTION
20.10.040 (B -2), AND SECTION 20.41.060 (PROPERTY
DEVELOPMENT REGULATION 1) OF TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO THE CALCULATION
OF RESIDENTIAL FLOOR AREAS [PLANNING COMMISSION
AMENDMENT 8841
WHEREAS, Section 20.10.030 (Property Development Regulation M), Section
20.10.040 (B -2), and Section 20.41.060 (Property Development Regulation 1) contain language that
is inconsistent with other sections of the Municipal Code; and
WHEREAS, in order to correct these inconsistencies, an exception is required for
certain types of non - habitable areas in order to maintain the original intent of this regulation; and
• WHEREAS, on March 18, 1999, the Planning Commission of the City of Newport
Beach held a public hearing regarding this amendment; and
WHEREAS, on April 12, 1999, the City Council of the City of Newport Beach held
public hearings regarding this amendment; and
WHEREAS, the public was duly noticed of the public hearings; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been
determined that the proposed amendment is categorically exempt under Class 5, minor alterations
in land use limitations.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
. SECTION 1: Section 20.10.030 (Property Development Regulation M), Section 20.10.040
(B -2), and Section 20.41.060 (Property Development Regulation 1) of Title 20 of the City of Newport
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Beach Municipal Code" shall be revised to read as provided in Exhibit "A."
• SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this
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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.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on April 12, 1999, and adopted on the 26th day of April, 1999, by the following
vote, to wit:
AYES, COUNCIL. MEMBERS Glover, Thomson
Debay, Ridgeway, Noyes, Mayor.0'Neil
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS Adams
MAYOR
ATTEST:
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EXHIBIT "A"
• Section 20.10.030(Property Development Regulation ation M)
(M) R -1. R -1.5. and R -2 Districts. The total gross floor area in all buildings and structures on a
development site shall not exceed the following:
R -1 District: 2 times the buildable area of the site.
R -1.5 District: 1.5 times the buildable area of the site.
R -2 District: 2 times the buildable area of the site.
Exceptions. The following structures shall not be included in the calculation of the
gross floor area:
1. Covered parking spaces which are open on at least 2 sides, or open on one
side and one end and which are not needed to meet off - street parking
requirements for covered parking.
2. R -1.5 District. 200 square feet of floor area used for enclosed parking for two
or more parking spaces.
• 3. 25 square feet of storage area adjacent to or a part of a parking space on a lot
less than 32 feet wide; provided that no plumbing is located in said area, and
provided that 3 parking spaces are provided side by side across one end of the
lot.
4. Decks, balconies or patios open on at least 2 sides or open on one side and
uncovered.
MFR District. The total gross floor area contained in all buildings and structures on a
development site shall not exceed 1.75 times the buildable area of the site; provided that up
to 200 square feet of floor area per required parking space devoted to enclosed parking shall
not be included in calculations of total gross floor area.
Calculation. The gross floor area shall consist of the total enclosed area of all floors of a
building measured to the outside face of the structural members in exterior walls, and
including halls, stairways, elevator shafts at each floor level, service and mechanical
equipment rooms, and basement or attic areas having a height of more than 7 feet. Non -
habitable rooms and spaces of a building, with the exception of bath or toilet rooms,
connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from
finished floor to the ceiling above finished floor shall be considered to occupy two floor
• levels and the floor area of each level shall therefore be calculated towards the maximum
floor area limit.
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Area considered to be a second Floor
Living Room Kitchen Garage
(Habitable) (Habitable) (Non - Habitable)
Section 20.10.040 (B -2)
B. Floor Area Limit
In the R -1, R -2, and MFR Districts in the area designated as Old Corona del
Mar, the total gross floor area (excluding those structures excepted under
Section 20.10.030) shall not exceed 1.5 times the buildable area of the site.
2. Calculation. The gross floor area shall consist of the total enclosed area of all
floors of a building measured to the outside face of the structural members
in exterior walls, and including halls, stairways, elevator shafts at each floor
level, service and mechanical equipment rooms, and basement or attic areas
having a height of more than 7 feet. Non - habitable rooms and spaces of a
building, with the exception of bath or toilet rooms, connecting corridors,
foyers, and stairwells, that measure more than 14 feet 6 inches from finished
floor to the ceiling above finished floor shall be considered to occupy two
floor levels and the floor area of each level shall therefore be calculated
towards the maximum floor area. limit.
Section 20 41 060 (Property Development Regulation 1)
(I) The gross floor area shall consist of the total enclosed area of all floors of a building
measured to the outside face of the structural members in exterior walls, and including halls,
stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and
basement or attic areas having a height of more than 7 feet. Non - habitable rooms and spaces
of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and
stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above
finished floor shall be considered to occupy two floor levels and the floor area of each level
shall therefore be calculated towards the maximum floor area limit.
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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. 99 -11 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 26th day
of April, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Noes: None
Absent: Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of April, 1999.
(Seal)
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City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 99 -11 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: May 1, 1999.
In witness whereof, I have hereunto subscribed my name this ALL day of
MaJA 1999.
City Clerk of the City of
Newport Beach, California