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HomeMy WebLinkAbout93-10 - Amending Title 20 of the Municipal Code so as to Increase the Permitted 3 Foot Height Limit for Fences, Walls, Hedges and Screen Planting Within Required Front Yard Setbacks in Specific Residential Districts; Add Language to Section 20.02.070 of tV ORDINANCE NO. 93 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO INCREASE THE PERMITTED 3 FOOT HEIGHT LIMIT FOR FENCES, WALLS, HEDGES AND SCREEN PLANTING WITHIN REQUIRED FRONT YARD SETBACKS IN SPECIFIC RESIDENTIAL DISTRICTS; ADD LANGUAGE TO • SECTION 20.02.070 OF THE MUNICIPAL CODE SO AS TO REVISE THE MEASUREMENTS OF A REQUIRED SIGHT DISTANCE TRIANGLE AT STREET INTERSECTIONS AND REQUIRE A SIGHT DISTANCE TRIANGLE AT THE INTERSECTION OF STREETS AND DRIVEWAYS AND DELETE THE REQUIREMENT FOR A USE PERMIT FOR FENCES IN SPECIFIC LOCATIONS (PLANNING COMMISSION AMENDMENT NO. 777) 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, numerous residential properties within Balboa Island, Old • Corona del Mar, the Balboa Peninsula and West Newport currently have fences, walls, or screen planting within the required front yard setbacks that exceed 3 feet in height; and WHEREAS, the properties along the Ocean Front boardwalk have a unique problem with trespassing and privacy within the required front yard setbacks; and WHEREAS, the properties on Balboa Island, as well as many on the Balboa Peninsula and West Newport, have unusual predicaments with regards to conformity with the subject 3 foot height limit as it relates to flood plane requirements; and WHEREAS, the natural grade of many of the lots in Old Corona del Mar are • higher than the abutting streets; and WHEREAS, fences required by the Uniform Building Code as a protective device for swimming pools or when needed to protect against a hazardous or unsafe condition existing because of topography are currently reviewed by the Modifications • Committee, pursuant to Section 20.81.020 of the Newport Beach Municipal Code; and WHEREAS, 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 March 18, 1993, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 777; and WHEREAS, on May 24, 1993, 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 20.02.070 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.02.070 FENCES, WALLS, AND PLANTINGS. No fence, wall, hedge, or screen planting of any kind shall hereafter be constructed or grown to exceed 6 feet in height within any required side yard to the rear of the front setback or in any required rear yard. Fences, walls, hedges and screen planting shall be limited to 3 feet in height above natural grade in all required front yard setback areas (including any required side yard between the front property line and the required front setback line), except as permitted by Section 20.02.071. Fences, walls and screen planting shall be limited to 3 feet in height within any required front yard setback area of up to a maximum of 10 feet, that is within 60 feet of the intersection of two street rights of way. A sight distance "triangle" shall also be required for fences, walls and screen planting, not to exceed 3 feet in height, • within any required side yard setback that is within 15 feet of the intersection of a street right of way and an alley, within 15 feet of the intersection of two alleys, or within 5 feet of the corner of any intersecting street right of way and a driveway. Elevations for construction -2- within required sight distance "triangles" shall be measured from the adjacent top of curb height. In cases where there is a difference of 6 feet or more in elevation between the building sites of abutting lots, 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 3 feet above the elevation of the building site of the higher lot. • 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. SECTION 2. Section 20.02.071 of the Municipal Code is hereby added to read as follows: 20.02.071 SPECIAL DISTRICTS. For purposes of this chapter, special districts shall be described as those delineated in Section 20.11.010 (A) and (B) of the Municipal Code (more commonly known as Old Corona del Mar, West Newport and the Balboa Peninsula), as well as Balboa Island. Within said districts, fences and walls, • except as noted below, shall be limited to a height of 5 feet above the natural grade in all required front yard setbacks (the upper 3 feet of which must be at least 40% open). In addition, areas where the existing grade is in excess of 2 feet in height above the adjacent sidewalk (or curb elevation where no sidewalk exists), a maximum 2 foot high retaining wall shall be permitted to be located at the front property line. Any additional maximum 3 foot high retaining walls shall be permitted a minimum distance of 2 feet from the face of the preceding retaining wall with subsequent retaining walls subject to the same limitation. A maximum 3 foot high fence or wall (at least 40% open) shall be permitted atop the highest retaining wall for safety purposes. Exception: Fences, walls, hedges and screen planting shall not exceed a height of 3 feet above the natural grade in all required front yard setback areas adjacent to the channels in • West Newport or the bay on the Balboa Peninsula. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of May, 1993, and was adopted on the 24th day of May . 1993, by the following vote, to wit: -3- AYES, COUNCIL MEMBERS HEDGES, SANSONE, WATT, TURNER, HART, COX, DERRY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE • ATTEST: CITY CLERK`' 4 u a In