HomeMy WebLinkAbout94-21 - Amending Title 20 of the Newport Beach Municipal Code so as to Provide More Specific Wording in the Code that Restricts Roof Heights Above Top of Curb, on the Bluff Side of Ocean Boulevard in Corona Del Mar. (Planning Commission Amendment No. 798)•
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ORDINANCE NO. 94 -21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, AMENDING TITLE 20
OF THE NEWPORT BEACH MUNICIPAL CODE
SO AS TO TO PROVIDE MORE SPECIFIC WORDING
IN THE CODE THAT RESTRICTS ROOF HEIGHTS
ABOVE TOP OF CURB, ON THE BLUFF SIDE OF
OCEAN BOULEVARD IN CORONA DEL MAR.
(Planning Commission Amendment No. 798)
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 the zoning
designation of Districts and other provisions whenever the public necessity and convenience
and the public welfare require such amendment; and
WHEREAS, the clarification of language concerning the limitation on
development on the bluff side of Ocean Boulevard will be consistent with the existing
language and interpretation; and
WHEREAS, the project has been determined to be Categorically Exempt
from the provisions of the California Environmental Quality Act (CEQA) under Class 5
(Minor Alterations in Land Use Limitations); and
WHEREAS, pursuant to Section 20.84.030, on March 24, 1994, the Planning
Commission of the City of Newport Beach held a public hearing regarding Amendment No.
798, and at that time voted to recommend that the City Council approve the amendment;
and
WHEREAS, on April 25 . 1994, the City Council of the City of
Newport Beach held a public hearing regarding Amendment No. 798.
NOW THEREFORE, the City Council of the City of Newport Beach does
hereby ordain as follows:
SECTION 1: Section 20.02.050 of the Municipal Code is hereby
amended to read as follows:
20.02.050 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.
E. Structures on the bluff side of Kings Road and Kings Place which were in existence
or under construction on the effective date of this ordinance may be changed
provided such change does not result in a roof height above curb which is higher
than 16.23 feet and provided further that the roof height does not exceed the height
limit established by the 24/28 Height Limitation Zone. New structures may be
constructed on vacant building sites subject to the same criteria.
F. Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in
• existence or under construction on the effective date of this ordinance may be
changed provided such change does not result in a roof height above top of curb and
provided further that the roof height does not exceed the height limit established by
the 24/28 Height Limitation Zone. For purposes of this ordinance, the top of curb
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height limitation shall be established by a horizontal plane created by the extension
of the top of curb line across each building site located on the bluff side of Ocean
Boulevard. Where a question arises as to the interpretation of this ordinance, the
Planning Director shall review and render a decision. New structures may be
constructed on vacant building sites subject to the same criteria.
SECTION 2. The Mayor shall sign and the City Council 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 April , 1994, and
was adopted on the 25th day of April 1994, by the following vote, to wit:
AYES, COUNCIL MEMBERS HEDGES,
• SANSONE WATT TURNER, HART, COX, DERRY
NOES, COUNCIL MEMBERS NONE
0
ABSENT COUNCIL MEMBERS NONE
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