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HomeMy WebLinkAbout99-12 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code Pertaining Height Limits in the R-A District (Planning Commission Amendment 887).ORDINANCE 99 -12 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING HEIGHT LIMITS IN THE R -A DISTRICT [PLANNING COMMISSION AMENDMENT 8871 WHEREAS, in 1956 and 1962, the Planning Commission approved use permits for each of the single - family residences in the Residential - Agricultural District and allowed development up to thirty -five feet in height; and WHEREAS, the Residential - Agricultural District requires a minimum lot area of two (2) acres and a minimum lot width of one hundred and twenty -five (125) feet and can accommodate building heights up to thirty -two (32) feet; and WHEREAS, the City Council of the City of Newport Beach finds that it is appropriate to 40 place all properties in the Residential - Agricultural District into the 32/50 Foot Height Limitation Zone; and WHEREAS, on April 8, 1999, the Planning Commission of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, on May 10, 1999, the City Council of the City of Newport Beach held a public hearing 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. is THE CITY COUNCIL OF THE C]TY OF NEWPORT BEACH DOES HEREBY ORDAIN AS • FOLLOWS: SECTION 1: Section 20.65.040 (Height Limitation Zones) of Title 20 of the City of Newport Beach Municipal Code" shall be revised to mad as provided in Exhibit "A." SECTION 2: The Mayor shall sign and the City Clerk 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. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on April 26, 1999, and adopted on. the 10th day of May, 1999, by the following vote, to wit: • AYES, COUNCIL MEMBERS Adams, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Glover CITY CLERK • C� EXHIBIT "A" 20.65.040 Height Limitation Zones In addition to the development standards established in the various districts, there shall be 5 height limitation zones within the City. The designations, locations, and boundaries of these height limitation zones shall be as shown on the "Height Limitation Zones" map, incorporated herein and made a part hereof by this reference. In each height limitation zone the maximum permitted height shall be measured in accordance with the definitions contained in this chapter. A. 24/28 Foot Height Limitation Zone. In the 24/28 Foot Height Limitation Zone the height limit for any structure shall be 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 28 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all R -1, R -1.5, R -2, and OS Districts. B. 28/32 Foot Height Limitation Zone. In the 28/32 Foot Height Limitation Zone the maximum height limit shall be 28 feet; provided, however, that structures may exceed 28 feet up to a maximum of 32 feet in an adopted planned community district, or through the adoption of a specific plan, or through the approval of a use permit. • This height limitation zone shall apply to all MFR Districts. C. 26/35 Foot Height Limitation Zone. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, that a structure may exceed 26 feet up to a maximum of 35 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts, other than R -1, R -1.5, R -2, MFR and OS Districts, within the area known as the Shoreline Height Limitation Zone established by Ordinance 92 -3 and shown on the Height Limitation Zones map. D. 32/50 Foot Height Limitation Zone. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be 32 feet; provided, however, that a structure may exceed 32 feet up to a maximum of 50 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts other than R -1, R -1.5, R -2, MFR and OS Districts which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High -Rise Height Limitation Zone. E. High Rise Height Limitation Zone. In the High Rise Height Limitation Zone the • height limit for any structure shall not exceed 375 feet. 3 • • 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 the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 99 -12 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Cocmcil, duly and regularly held on the 10th day of May, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: Glover Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of May, 1999. (Seal) n. City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION 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 Ordinance No. 99 -12 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 15, 1999. In witness whereof, I have hereunto subscribed my name this � day of �, 1999. City Clerk of the City of Newport Beach, California