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HomeMy WebLinkAbout92-22 - Amending Title 20 of the Newport Beach Municipal Code so as to Revise the Definition of the Term "Grade" (Planning Commission Amendment No. 753)ORDINANCE NO. 92 -22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE THE DEFINITION OF THE TERM "GRADE" (Planning Commission Amendment No. 753) •WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 20 (the Zoning Code) may be amended by changing its provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, Section 20.84.020 of the Municipal Code of the City of Newport Beach provides that an amendment to Title 20 may be initiated by the City Council or the Planning Commission; and WHEREAS, Title 20 of the Newport Beach Municipal Code includes provisions for regulating the height of buildings throughout the City; and WHEREAS, Section 20.02.025 of the Municipal Code includes a definition of the term "Grade" which is used for the purpose of measuring height; and WHEREAS, the City Council, has determined that the existing definition of the term "Grade" is unclear and unworkable and that such definition should be amended; and WHEREAS, the Planning Commission, at its March 19, 1992 meeting directed the staff to initiate amendment procedures so as to consider Amendment No. 753. WHEREAS, pursuant to Section 20.84.030, the Planning Commission has held a duly noticed public hearing at its meeting of April 23, 1992, to consider Amendment No. 753 to Title 20 of the Newport Beach Municipal Code; and WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of April 23, 1992 approved Resolution No. 1293, thereby recommending that the City Council of the City of Newport Beach approve Amendment No. 753 to the Newport Beach Municipal Code; and WHEREAS, the City Council has determined that Amendment No. 753 is exempt from the requirements of the California Environmental Quality Act under a Class 5 (Minor Alterations in Land Use Limitations) exemption; and 1 WHEREAS, on May 26, 1992 the City Council of the City of Newport Beach held a duly noticed public hearing regarding Amendment No. 753. NOW, THEREFORE the City Council of the City of Newport Beach does hereby ordain as follows: Section 1. Section 20.02.025 of the Municipal Code is hereby amended to read as follows: 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. B. GRADE. For the purpose of measuring height, the grade shall be the unaltered natural vertical location of the ground surface unless one of the following applies: 0 (1) At the time of subdivision, the City has approved a grading plan or map, under which circumstances grade shall be finished grade as shown on the plan or map so approved. For sites that were developed without or prior to the requirement for a grading plan or map, the Planning Department shall exercise its best efforts to determine the location of grade for the purpose of measuring height. In so doing, the Planning Department shall use existing on- site elevations and contours, as well as the elevations and contours of adjoining and nearby properties to determine the natural profile of the site. In cases where retaining walls have been constructed or filled surfaces have been used for the purpose of measuring height prior to October 12, 1972, the finished grade established in conjunction with the filled condition shall be • used for the measurement of height. Under no circumstances shall height be measured from excavated surfaces such as basements and wine cellars which have been used to artificially lower the ground surface. 2 • • • (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 Insurance Rate 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 Insurance Rate 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. 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. Section 3. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of May, 1992, and adopted on the 26th day of May, 1992, by the following vote, to wit: ATTEST: pro i /ii /; ` 0522,1 ce < AYES, COUNCIL MEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUM ER NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE MAYOR 3