HomeMy WebLinkAbout92-44 - Amending Title 20 of the Municipal Code so as to Add the Construction of Chimneys and Vents in Excess of the Permitted Height Limits to the Power and Duties of the Modifications Committee. (Planning Commission Amendment No. 773)ORDINANCE NO. 9 2 - 4 4
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE MUNICIPAL CODE
SO AS TO ADD THE CONSTRUCTION OF
CHIMNEYS AND VENTS IN EXCESS
OF THE PERMITTED HEIGHT LIMITS
TO THE POWER AND DUTIES
• OF THE MODIFICATIONS COMMITTEE.
(PLANNING COMMISSION AMENDMENT NO. 773)
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 provisions whenever
the public necessity and convenience and the public welfare require such amendment; and
WHEREAS, Title 20 of the Newport Beach Municipal Code currently requires
Planning Commission approval, by Planning Commission Review, of chimneys and vents in
excess of the permitted height limits; and
WHEREAS, consideration by the Modifications Committee of the above noted Code
deviation would provide a public hearing and notification of surrounding property owners;
and
isWHEREAS, the Planning Commission has determined that the subject amendment
is exempt from the requirements of the California Environmental Quality Act under Class
5 (Minor Alterations in Land Use Limitations); and
WHEREAS, on July 23, 1992, the Planning Commission of the City of Newport
Beach held a public hearing regarding Amendment No. 773, and at that time voted to
recommend that the City Council approve the amendment; and
WHEREAS, on August 24 1992, the City Council of the City of Newport
Beach held a duly noticed public hearing regarding this ordinance;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Newport Beach does ordain as follows:
SECTION 1. Section 20.81.020 of the Newport Beach Municipal Code is hereby
• amended to read as follows:
20.81.020 POWER AND DUTIES. Whenever a strict interpretation of
the provisions of Title 20 of this Code, or its application to any specific case or situation
would preclude a reasonable use of property not otherwise permissible under existing
•
•
regulations, the Modifications Committee may grant approval of such modifications relating
to: required building setbacks in front, side or rear yards; heights of walls, hedges or fences;
distances between buildings; area, number and height of signs not requiring an Exception
Permit; structural appurtenances or projections which encroach into front, side or rear yards;
location of accessory buildings on a building site; the construction or installation of
chimneys, vents, rooftop architectural features and solar equipment in excess of permitted
height limits; size or location of parking spaces or access to parking spaces; swimming pool
and swimming pool equipment encroachments; roof parking of automobiles; minor modifica-
tions and improvements to nonconforming buildings; lot line adjustments; specialty foods
permits; and such items as may be subsequently set forth by the Planning Commission
resolution, subject to a confirming resolution by the City Council. The Modifications
Committee shall also pass upon all requests to extend existing use permits which have been
approved by the Planning Commission and exercised by the applicant.
SECTION 2. Section 20.02.060 of the Municipal Code is hereby amended to read
as follows:
20.02.060 CHIMNEYS AND VENTS. Chimneys and vents shall be
permitted in excess of height limits to the minimum extent required by the Uniform Building
Code plus an additional twelve (12) inches for the provision of spark arrestor apparatus or
architectural features of a decorative screening nature. Any such structures or features
exceeding the Uniform Building Code requirements shall be subject to the following criteria:
a. That the overall dimensions of the chimney shall be limited to a
maximum width of two feet by a maximum length of four feet for any
portion of the structure which exceeds the Uniform Building Code
requirements.
b. That the allowance for the additional 12 inches shall be solely for the
incorporation of a spark arrestor as required by the manufacturer or
for the incorporation of an architectural screening or treatment.
All chimneys and vents exceeding the minimum height required by the Uniform Building
Code, with the exception of an additional twelve (12) inches for spark arrestor apparatus
or architectural features of a decorative screening nature, shall be subject to the approval
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of the Modifications Committee.
SECTION 3. 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 4. This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the 10th day ofAu ust1992, and adopted
24th August
on the day of , 1992, by the following vote, to wit:
ATTEST:
AYES, COUNCIL MEMBERS HEDGES,
WATT, TURNER, SANSONE, HART, COX,
PLUMMER
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS None
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