HomeMy WebLinkAbout90-43 - Amending Title 20 of the Municipal Code as it Applies to Height Limitation Regulations (Planning Commission Amendment No. 717)•
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ORDINANCE NO. 90 -43
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING TITLE 20 OF THE
MUNICIPAL CODE AS IT APPLIES TO HEIGHT
LIMITATION REGULATIONS
(Planning Commission Amendment No. 717)
WHEREAS, Chapter 20.02 of the Newport Beach Municipal Code regulates
permitted building height throughout the City; and
WHEREAS, some areas of the City are at a disadvantage due to flooding and
flood hazard regulations; and
WHEREAS, the existing building first floor finished floor elevation
requirements results in loss of useful building height; and
WHEREAS, Amendment No. 717 would provide a more consistent height
regulation that would be effective and equitable to the public; and
WHEREAS, on October 4, 1990, the Planning Commission initiated Zoning
Amendment No. 717 in order to revise the height limitation regulations; and
WHEREAS, on November 8, 1990, the Planning Commission of the City of
Newport Beach held a public hearing regarding Amendment No. 717 and voted to
recommend to the City Council the adoption of the proposed amendment; and
WHEREAS, on December 10, 1990, the City Council of the City of Newport
Beach held a public hearing regarding the amendment; and
WHEREAS, the public was duly noticed of the public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach does
hereby ordain as follows:
SECTION 1. Chapter 20.02 of the Newport Beach Municipal Code is hereby
amended to contain an additional Section 20.02.025 to Chapter 20.02 as set forth in the
attached 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 within fifteen (15) days of its adoption. This Ordinance shall be effective thirty
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 26th day of November , 1990, and was adopted on the
10th, day of December . 1990, by the following vote, to wit:
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ATTEST
P\n\A7noRD
Attachment: Exhibit "A"
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AYES, COUNCIL MEMBERS HEDGES, WATT, SANSONE,
HART, COX, PLUMMER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS TURNER
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Exhibit "A"
Section to be added to the Zoning Code:
•20.02.025 DEFINITIONS. A. 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 limitation zone. (Ord. 1454 (part), 1972; Ord. 1115,
1965: Ord. 635, 1950: 1949 Code §9107.28).
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B. GRADE. For the purpose of measuring height,the grade shall be natural grade unless
one of the following applies:
(1) The Planning Commission has approved a grading plan or map, or a grading
permit had been issued on or before October 12, 1972, 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.
(2) Flood Hazard Areas. The height limit for the inhabitable areas of all new
structures or addition to existing structures, excluding all accessory structures,
on a parcel of land within the Flood Hazard Area, shall be measured from
the site's required pad elevation or existing natural grade, whichever is higher.
Pad elevation is determined by the Flood Hazard Protection Maps recognized
by the Building Department as part of flood safety requirements and maps
adopted by City Council. Notwithstanding the building pad elevations
established by the Flood Hazard Protection Maps, the minimum required first
floor finished floor elevation for the interior living areas of all new structures
shall be at least 6.27 Mean Sea Level consistent with the Public Works
Department standard for bulkhead elevation.
In a case where natural grade or finished grade as referred to herein is, in the judgement
of the Planning Commission, inappropriate or unworkable for the purpose of measuring
height, the Planning Commission shall establish grade in such a way to insure that the intent
or purpose of chapter 20.02 is fulfilled. (Ord. 1454 (part), 1972; Ord. 1404 § 2, 1971).
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