HomeMy WebLinkAbout1454 - Height Limits0
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ORDINANCE NO. 1454
AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING
CHAPTER 20.09 TO TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE, ENTITLED "HEIGHT LIMITS "; AMEND -
ING SECTIONS 20.02.200, 20.02.205, 20.10.030;
20.12.030, 20.13.030, 20.14.030, 20.16.050,
20.18.050, 20.19.040, 20.20.040, 20.22.040,
20.24.040, 20.26.050, 20.28.030, 20.30.060,
20.32.050, 20.34.030, AND 20.50.130; AND DELETING
SECTION 20.08.130 AND CHAPTER 20.42
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Section 20.02.200 of the Newport Beach
Municipal Code is amended to read:
"20.02.200 Grade. For the purpose of measuring
height, the grade shall be natural grade unless the Planning
Commission approves a grading plan or map, or a grading permit
has been issued on or before the effective date of this
ordinance, under which circumstances grade shall be finished
grade as shown on the plan or map so approved or on the plan
for which the permit was issued. In a case where natural
grade or finished grade as referred to herein is, in the
judgment of the Planning Commission, inappropriate or unwork-
able for the.purpose of measuring height, the Planning
Commission shall establish grade in such a way as to insure
that the intent or purpose of Chapter 20.09 is fulfilled."
SECTION 2. Section 20.02.205 of the Newport Beach
Municipal Code is amended to read:
"20.02.205 Height of Building. The height of a structure
shall be the vertical distance between grade at any point and
the highest point of the structure directly above, provided
that a roof shall be measured to the average height of the
roof, but that no part of the roof shall extend more than
five (5) feet above the permitted height in the height limita-
tion zone."
SECTION 3. Section 20.08.130 of the Newport Beach
Municipal Code is hereby repealed.
SECTION 4. Chapter 20.09 is added to the Newport Beach
Municipal Code to read:
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Sections
20.09.010
20.09.020
20.09.030
20.09.040
20.09.050
20.09.060
20.09.070
20.09.080
"CHAPTER 20.09
HEIGHT LIMITS
Intent and Purpose.
Effect of Chapter.
Height Limitation Zones.
Planning Commission or City Council Review.
Existing Structures and Permits.
Structural appurtenances.
Fences, walls, Plantings.
Church Exception.
20.09.010 Intent and Purpose. The intent and purpose
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of this Chapter is to establish regulations on the height of
buildings throughout the City in order to ensure that the
unique character and scale of Newport Beach is preserved during
that time when the General Plan is being developed.
This Chapter creates five (5) height limita-
tion zones which govern building height but allow design
flexibility with City review.
These regulations shall be reviewed and
• revised as necessary following the adoption of the General
Plan.
20.09.020 Effect of Chapter. All sections of this Title
shall be subject to the provisions of this Chapter.
20.09.030 Height Limitation Zones. In addition to the
development standards established in the various districts,
there shall also be five (5) height limitation zones within
the City. The designations, locations, and boundaries of
these height limitation zones shall be as shown on the
"Official 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 Chapter 20.02.
(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 after the adoption of a Planned Community District,
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or after the adoption of a Specific Area Plan, or after the
approval of a Use Permit. This height limitation zone shall
apply to all R -1, R -1.5 and R -2 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 after the
adoption of a Specific Area Plan, or after the approval of a
Use Permit. This height limitation zone shall apply to all
R -3 and R -4 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 after
the adoption of a Planned Community District, or after the
Zone Districts, other than R -1, R -1.5, R -2, R -3 and R -4,
within the area known as the Shoreline Height Limitation Zone,
more particularly described as follows:
Beginning at the intersection of the westerly
city boundary of Newport Beach and the centerline of West
Coast Highway as established per Annexation No. 66 of the City
of Newport Beach; thence northerly, easterly and southerly
along the city boundary of Newport Beach to the northerly line
of Annexation No. 25 of said city being the northerly line of
West Coast Highway; thence easterly along said northerly line
of West Coast Highway to the westerly line of Annexation No. 55;
thence northerly along, said westerly line to a line parallel
with and 2501 northerly (measured at right angles) from the
centerline of West Coast Highway; thence easterly along said
parallel line to an intersection with the southwesterly pro-
longation of the centerline of Santa Ana Avenue; thence
northeasterly along said prolongation and along the centerline
of Santa Ana Avenue to the centerline of Avon Street; thence
easterly along the centerline of Avon Street to the centerline
of Riverside Avenue; thence southwesterly along the centerline
of Riverside Avenue to the centerline of Avon Street; thence
easterly along the centerline of Avon Street and along a line
parallel with and 3751 northerly (measured at right angle) from
the centerline of West Coast Highway to an intersection with
the northwesterly boundary line of Tract No. 1221; thence
southwesterly, southerly and easterly along said boundary line
and easterly along the northerly boundary line of Tract
No. 1210 to the centerline of Dover Drive; thence northerly
along the centerline of Dover Drive to the westerly
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adoption of
a Specific Area Plan, or after the
approval of a
Use Permit.
This height limitation zone shall
apply to all
Zone Districts, other than R -1, R -1.5, R -2, R -3 and R -4,
within the area known as the Shoreline Height Limitation Zone,
more particularly described as follows:
Beginning at the intersection of the westerly
city boundary of Newport Beach and the centerline of West
Coast Highway as established per Annexation No. 66 of the City
of Newport Beach; thence northerly, easterly and southerly
along the city boundary of Newport Beach to the northerly line
of Annexation No. 25 of said city being the northerly line of
West Coast Highway; thence easterly along said northerly line
of West Coast Highway to the westerly line of Annexation No. 55;
thence northerly along, said westerly line to a line parallel
with and 2501 northerly (measured at right angles) from the
centerline of West Coast Highway; thence easterly along said
parallel line to an intersection with the southwesterly pro-
longation of the centerline of Santa Ana Avenue; thence
northeasterly along said prolongation and along the centerline
of Santa Ana Avenue to the centerline of Avon Street; thence
easterly along the centerline of Avon Street to the centerline
of Riverside Avenue; thence southwesterly along the centerline
of Riverside Avenue to the centerline of Avon Street; thence
easterly along the centerline of Avon Street and along a line
parallel with and 3751 northerly (measured at right angle) from
the centerline of West Coast Highway to an intersection with
the northwesterly boundary line of Tract No. 1221; thence
southwesterly, southerly and easterly along said boundary line
and easterly along the northerly boundary line of Tract
No. 1210 to the centerline of Dover Drive; thence northerly
along the centerline of Dover Drive to the westerly
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(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 after the adoption of a Planned Community District,
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prolongation of the northerly line of Lot 1, ^Tact No. 1125;
thence easterly along said prolongation and along said
northerly line to the northwesterly line of Upper Newport
Bay as established per Superior- Court Case No. 20436; thence
northerly and easterly along said line of Upper Newport Bay
to Sta. 65 per Superior Court Case No. 20436; thence easterly
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to a 'natural contour line having an elevation of 25.00 ft.
above Mean Sea Level; thence easterly along said contour line
to Jamboree Road; thence southerly along Jamboree Road to
Eastbluff Drive, thence southwesterly along Eastbluff Drive
to Backbay Drive as described in the deed recorded in Book
6901, page 207 of Official Records of Orange County; thence
westerly along said Backbay Drive; thence westerly and
southerly along Backbay Drive as described in the deed recorded
in Book 1037, page 269 of Official Records of Orange County
to the northwesterly prolongation of the northerly line of
Tract No. 6230; thence easterly along the northerly line of
said Tract to the most easterly corner of Lot 83 of said Tract;
thence southwesterly along the southeasterly line of said
Lot 83 to the centerline of Vista Del Playa; thence southerly
along Vista Del Playa to the centerline of Vista Del Oro; thence
in a southerly direction along the centerline of Vista Del Oro
to the westerly boundary of Tract No. 5877; thence southerly
and easterly along the boundary of said Tract 5877 and easterly
along the southerly boundary of Tract No. 5425 to Jamboree Road;
thence southerly along Jamboree Road to the northerly line of
Tract No. 6947; thence westerly along said northerly line and
its westerly prolongation to the last said Backbay Drive;
thence southerly along Backbay Drive to the northerly line of
Parcel 2 per map recorded in Book 17, page 3 of Parcel Maps;
thence easterly along said northerly line of Parcel 2 to the
northwesterly line of Jamboree Road; thence southwesterly along
said northwesterly line of Jamboree Road to the centerline of
Backbay Drive; thence northwesterly along said centerline to
a line parallel with and 100.001 northwesterly (measured at
right angles) from the northwesterly line of Jamboree Road;
thence southwesterly 700.001 along said parallel line; thence
westerly in a direct line to a point on a line 150.00 feet
south of Sta. 19 as established per Superior Court Case
No. 20436, said line being parallel with the centerline of East
Coast Highway; thence westerly along said parallel line to a
natural contour line having an elevation of 25 feet above Mean
Sea Level; thence westerly and southerly along said contour
line having an elevation of 25.00 feet above Mean Sea Level to
the centerline of East Coast Highway; thence continuing
southerly and easterly along said contour line to the center -
line of Jamboree Road; thence southerly and easterly along
the centerline of Jamboree Road to the centerline of Bayside
Drive; thence southeasterly along the centerline of Bayside
Drive to the centerline of Bayside Place; thence southwesterly
along the centerline of Bayside Place to a natural contour
line 'having an elevation of 25.00 feet above Mean Sea Level;
thence southerly and easterly along said contour line.to the
southerly boundary line of Tract No. 1116; thence southerly
along said boundary line of Tract No. 1116 and along the
southerly boundary line of Tract No. 3357 to the easterly city
boundary of Newport Beach,-as-established per Annexation
No. 68; thence southwesterly, westerly and northeasterly along
the city boundary of Newport Beach to the Point of Beginning.
(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 after the adoption of a Planned Community District,
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or after the adoption of a Specific Area Plan, or after the
approval of a Use Permit. This height limitation zone shall
apply to all Zone Districts other than R -1, R -1.5, R -2, R -3
® and R -4 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.
20.09.040 Planning Commission or City Council Review.
The Planning Commission or City Council in approving any
Planned Community District, any Specific Area Plan, or in
granting any Use Permit for structures in excess of the basic
height limit in any zone shall find that each of the following
four points have been complied with:
1. The increased building height would
result in more public visual open space and views than
is required by the basic height limit in any zone.
Particular attention shall be given to the location of
the structure on the lot, the percentage of ground cover, and
the treatment of all setback and open areas.
2. The increased building height would
result in a more desirable architectural treatment of the
building and a stronger and more appealing visual character
of the area than is required by the basic height limit in
any zone.
3. The increased building height would
not result in undesirable or abrupt scale relationships
being created between, the structure and existing
developments or public spaces. Particular attention shall
be given to the total bulk of the structure including
both horizontal and vertical dimensions.
4. The structure shall have no more
floor area than could have been achieved without the Use
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Permit.
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20.09.050 Existing Structures and Permits.
(a) Structures which were in existence or
under construction on the effective date of this ordinance,
and which do not conform to these regulations may be continued
® or altered; provided, that the changes do not result in a
greater nonconformity than was existing.
(b) Structures for which building permits have
been issued or for which use permits have been issued, on the
effective date of this ordinance, and which do not conform to
these regulations, may be constructed according to the approved
plans.
(c) Proposed structures within a Planned
Community District adopted prior to the effective date of this
ordinance may be constructed in accordance with the height
limits contained within the Planned Community Text; provided,
however, that a Use Permit shall be required for any structure
which exceeds the height limits established by this Chapter.
(d) The use permit application fee shall be
. waived for any single family home in the R -1 District which
is replacing a structure which was in existence on the
effective date of this Chapter.
20.09.060 Structural Appurtenances. Chimneys, flag
poles, and vents shall be permitted in excess of height
limits, subject to the approval of the Planning Commission.
20.09.070 Fences, walls, Plantings. No fence, walls,
hedge or screen planting of any kind shall hereafter be
constructed or grown to exceed six feet in height within any
required side yard to the rear of the front line of any main
building or in any required rear yard nor to exceed three
feet in height in any required side yard between the front
property line and the required front setback line or in any
required front yard or within fifteen (15) feet of the corner
• of any intersecting street rights of way; provided, however,
that in cases where there is a difference of six (6) feet or
more in elevation between the building sites: of abutting lots,
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no fence, wall, hedge or screen planting shall hereafter
be constructed or grown in any yard area of the lower lot
adjacent to the lot line of the higher lot to a height in
excess of three feet above the elevation of the building
site of the higher lot. Where lots or building sites are laid
out or planned to border a street and overlook a waterway,
beach or bluff, fences, when required as a protective device
for a swimming pool or when needed to protect against a
hazardous or unsafe condition existing because of topography,
may be permitted in excess of three (3) feet, but not to
exceed five (5) feet, in those front yards specified in
Section 20.08.160 subject to first securing a use permit in
each case. The Planning Commission may, by resolution, adopt
such general standards or conditions for its guidance as it
deems necessary to insure to the adjacent property owners the
full use of their land.
20.09.080 Church Exception. Church structures used
for church purposes shall be exempt from the restrictions of
this Chapter, except that any such structure exceeding
35 feet in height shall require a use permit."
SECTION 5. Section 20.10.030 of the Newport Beach
Municipal Code is amended to read:
"20.10.030 Building Height Limit. The building height
limit shall be as specified in Chapter 20.09."
SECTION 6. Section 20.12.030 of the Newport Beach
Municipal Code is amended to read:
"20.12.030 Building Height and Floor Area Limit. The
total gross floor area, including basements, garages and
carports, contained in all buildings on a building site in an
R -1 District shall not exceed two times the buildable area
of the site. No more than two livable stories shall be
included within a structure. For dwellings, the building
height limit shall be as specified in Chapter 20.09. For
accessory buildings, the building height limit shall be 15 feet."
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SECTION 7. Section 20.13.030 of the Newport Beach
Municipal Code is amended to read:
"20.13.030 Building Height and Floor Area Limit. The
total gross floor area, including basements, garages and
carports, contained in all buildings on a building site in
an R -1.5 District shall not exceed two times the buildable
area of the site. No more than two livable stories shall be
included within a structure. For dwellings, the building
height limit shall be as specified in Chapter 20.09. For
accessory buildings, the building height shall be fifteen
(15) feet."
SECTION 8. Section 20.14.030 of the Newport Beach
Municipal Code is amended to read:
"20.14.030 Building Height and Floor Area Limit.
The total gross floor area, including basements, garages and
carports, contained in all buildings on a building site in
an R -2 District shall not exceed two times the buildable area
of the site. No more than two livable stories shall be
included within a structure. For dwellings, the building
height limit shall be as specified in Chapter 20.09. For
accessory buildings, the building height shall be fifteen
(15) feet."
SECTION 9. Section 20.16.050 of the Newport Beach
Municipal Code is amended to read:
"20.16.050 Building Height and Floor Area Limit. The
total gross floor.area contained in all buildings on a building
site in an R -3 District shall not exceed three times the
buildable area of the site; provided, however, that floor
area devoted to parking within a building shall not be
considered in determining the total floor area allowed; and
provided, further, that in no event shall any building exceed
the height limit specified in Chapter 20.09."
SECTION 10. Section 20.18.050 of the Newport Beach
Municipal Code is amended to read:
"20.18.050 Building Height and Floor Area Limit
total gross floor area contained in all buildings on a
The
building site in an R -4 District shall not exceed three times
the buildable area of the site; provided, however, that floor
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area devoted to parking within a building shall not be
considered in determining the total floor area allowed; and
provided, further, that in no event shall any building exceed
the height limit specified in Chapter 20.09."
SECTION 11. Section 20.19.040 of the Newport Beach
Municipal Code is amended to read:
"20:19.040 Building Height and Floor Area Limit. The
total gross floor area contained in all buildings on a
building site in an A -P District shall not exceed two times
the buildable.area of said site; provided, however, that
floor area devoted to parking within a building shall not
be considered in determining the total floor area allowed;
and provided, further, that in no event shall any building
exceed the height limit specified in Chapter 20.09."
SECTION 12. Section 20.20.040 of the Newport Beach
Municipal Code is amended to read:
"20.20.040 Building Height and Floor Area Limit. The
total gross floor area contained in all buildings on a
building site in a C -N District shall not exceed two times
the buildable area of said site; provided, however, that floor
area devoted to parking within a building shall not be
considered in determining the total floor area allowed; and
provided, further, that in no event shall any building exceed
the height specified in Chapter 20.09."
SECTION 13. Section 20.22.040 of the Newport Beach
Municipal Code is amended to read:
"20.22.040 Building Height and Floor Area Limit. The
total gross floor area contained in all buildings on a
building site in the C -0 District shall not exceed three
times the buildable area of the site; provided, however, that
floor area devoted to parking within a building shall not be
considered in determining the total floor area allowed; and
provided, further, that in no event shall any building exceed
the height limit specified in Chapter 20.09.
SECTION 14. Section 20.24.040 of the Newport Beach
Municipal Code is amended to read:
9/14/72
"20.24.040 Building Height and Floor Area Limit. The
total gross floor area contained in all buildings on a
buildable site in a C -1 District shall not exceed two times
the buildable area of the site; provided, however, that floor
area devoted to parking within a building shall not be
• considered in determining the total floor area allowed; and
provided, further, that in no event shall any building exceed
the height limit specified in Chapter 20.09."
SECTION 15. Section 20.26.050 of the Newport Beach
Municipal Code is amended to read:
"20.26.050 Building Height Limit. The building height
limit shall be as specified in Chapter 20.09."
SECTION 16. Section 20.28.030 of the Newport Beach
Municipal Code is amended to read:
"20.28.030 Building Height -- Site Area -- Yards. The
height limit, the building site area, and the yards required
in an I District shall be as specified in Chapter 20.09 for
building height limit, in Section 20.24.050 for building site
area, and in Section 20.24.060 for yards required, in a C -1
District."
SECTION 17. Section 20.30.060 of the Newport Beach
Municipal Code is amended to read:
"20.30.060 Building Height and Floor Area Limit. The
total gross floor area contained in all buildings on a
building site in an M -1 District shall not exceed three times
the buildable area of the site; provided, however, that floor
area devoted to parking within a building shall not be
considered in determining the total floor area allowed; and
provided, further, that in no event shall any building exceed
the height limit specified in Chapter 20.09."
SECTION 18. Section 20.32.050 of the Newport Beach
Municipal Code is amended to read:
1120.32.050 Floor Area. The total gross floor area
• contained in all buildings on a building site in an M -1 -A
District shall not exceed three times the buildable area of
the site; provided, however, that floor area devoted to
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parking within a building shall not be considered in
determining the total floor area allowed; and provided,
further, that in no event shall any building exceed the
height limit specified in Chapter 20.09."
SECTION 19. Section 20.34.030 of the Newport Beach
. Municipal Code is amended to read:
"20.34.030 Building Height Limit -- Site Area -- Yards.
Building height limits,_.,building site area required and yards
required shall be as specified in the Use Permit; provided,
however, that in no event shall any building exceed the height
limit.specified in Chapter 20.09."
SECTION 20. Chapter 20.42 of the Newport Beach Municipal
Code is hereby repealed.
SECTION 21. Section 20.50.130 of the Newport Beach
Municipal Code is amended to read:
"20.50.130 Building Height. The maximum building
heights shall be designated in the Use Permit, but shall in
no event exceed the building height limits specified in
0 Chapter 20.09."
SECTION 22. This ordinance shall be published once in
the official newspaper of the City, and the same shall be effective
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 the 10th
day of July , 1972, and was adopted on the 11th day
of September 1972, by the following vote, to wit:
ATTEST:
C-fty'Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
SEP 2 5 1972
i( ^J�- IryDATE _.._............ ...
IN CLE OF THE CIT
AYES, COUNCILMEN: McInnis, Rogers, CrOul,
Kymla, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: DOstal
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DON:mh
9/14/72
PROPOSED HEIGHT `�?t
LIMITATION ZONES
LEGEND
fJ
24/28 FEET
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2-8132 FEET
26135 FEET
32/50 FEET
HIGHRISE 375 FEET
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CITY OF NEWPORT BEACH
(;F:Nl.:I" I ZC)Nl,\(; DISTNICTS
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11=17 LTnTV1,T-rL0!\T ZONES ��rl