HomeMy WebLinkAboutAppeal Geoff Le Plastrier 227 Goldenrod AvenueCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
January 6, 2005
TO: PLANNING COMMISSION
FROM: Planning Department
Patricia Temple, Planning Director
644 -3228; ptemple @city.newport- beach.ca.us
SUBJECT: Appeal of the determination of the Planning Director on the
applicability of City height limits to a canvas patio cover on a third
floor roof deck
LOCATION: 227 Goldenrod Avenue, Corona del Mar
APPELLANT: Anthony Ciasulli representing Geoff Le Plastrier
ISSUE
Is the patio cover installed on the roof deck at 227 Goldenrod Avenue a structure (as
defined by the Zoning Code) that is subject to City height limits?
Determine that the subject patio cover is a structure pursuant to the Zoning Code, and
is required to comply with the City's height limits.
Background
A representative of the appellant consulted with Planning Department staff as to what is
permitted on a third floor roof deck. The staff person gave a general description that
anything which was easily put up and readily removed, such as a patio table umbrella,
would not be subject to the Zoning Code, but that anything more permanent would not
be allowed if it exceeded the height limit of 24 feet. Based on this information, the
property owner had fabricated and installed the patio shade structure illustrated in the
attached photographs.
After it was installed surrounding neighbors questioned whether a building permit had
been obtained, and whether it was over the height limit. This prompted the Building
Appeal of Applicability of Zoning Code
January 6, 2005
Page 2
Department to inspect it, at which time it was established that a building permit was
required (letter attached).
Analysis
In reviewing this installation on the roof deck at 227 Goldenrod Avenue, the Planning
Director had to determine whether it is subject to the Zoning Code (Title 20 of the
Newport Beach Municipal Code). If subject to the Zoning Code, it would be subject to
the City's height limits. While the Code does not specifically address the issue of patio
furniture and related items, staff has traditionally determined that patio tables, chairs,
umbrellas, portable bar -be -ques and potted plants are not regulated by Title 20, but that
more permanently installed items, such as patio covers, trellises, gazebos, pools and
spas are.
Section 20.01.025 of the Zoning Code states:
"Compliance required. No building or structure shall be erected, reconstructed or
structurally altered in any manner, nor shall any building or land be used for any
purpose, other than as permitted by and in conformance with this Code and all other
ordinances, laws and maps referred to therein."
Therefore, if this is a building or structure, it is subject to the Zoning Code.
Definitions are contained within Chapter 20.03 of the Zoning Code. The definition of
"building" and "structure" are:
"Building" means any structure having a roof supported by columns or walls for the
housing or enclosure of persons, animals, chattels or property of any kind.
"Structure" means anything constructed or erected, the use of which required location
on the ground or attachment to something having location on the ground.
There is no definition of "roof" in the Zoning Code. However, A Visual Dictionary of
Architecture, by Francis D.K Ching defines roof as "the external cover of a building,
including the frame supporting the rooting."
The patio cover clearly has a roof supported by columns. Based on the property owner's
statements that he holds meetings and other gatherings in this location, the patio cover
is used to house chattels and persons (the definition of building). Welded joints on the
framing system can be seen in the attached photographs, leading staff to conclude that
the patio cover has been erected (part of the definition of a structure).
The critical factor is whether it requires location on the ground or attachment to
something having location on the ground. Once again, the Code does not include a
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Appeal of Applicability of Zoning Code
January 6, 2005
Page 3
definition for attachment. The following definitions were taken from Mirriam- Webstees
Collegiate Dictionary, Eleventh Edition:
"Attachment: ... 4. the physical connection by which by which one thing is attached to
another.
"Attach: ... 4: to make fast (as by tying or gluing) ".
These definitions cause staff to conclude that, to be considered attached, the two
structures involved (the patio cover and the house) must be physically connected, and
that such connection must "make them fast." Again referring to the attached
photographs, the patio cover uses a system of straps and hooks attached to the deck
rails, and is further weighted down to the floor of the deck. In staffs opinion, this system
makes the patio cover fast to the building, and it should be considered attached.
Furthermore, the Planning Department has consulted with the Building Department to
establish whether such attachment is required. The Building Department advised us that
anchoring the patio cover to the framing of the building is required by the Uniform
Building Code. This will ensure that the patio cover will not blow off the deck in the
prevailing winds, and is necessary to prevent damage to this and nearby buildings, as
well as persons who are in the area.
All this information, taken together, supports staffs decision that this patio cover is both
a building and a structure and, as such, is regulated by the Zoning Code.
Section 20.65.030 (Measurement of Height) states:
"A. Height of Structure. The height of a structure (emphasis added) shall be the vertical
distance between the highest point of the structure and the grade directly below. In
determining the height of a sloped roof, the measurement shall be the vertical distance
between the grade and the midpoint of the roof plane, as measured from the ridge of
the roof to where the wall plate intersects the roof plane, provided, that no part of the
roof shall extend more than five feet above the permitted height in the height limitation
zone."
This structure exceeds the 24 foot height limit established for the R -2 zoning district in
the Zoning Code. When referring to the attached photographs once again, the height of
the roof of this patio cover is slightly higher than the roof of the area of the stairway
access to the roof deck. This access is approximately 24 square feet in area and is 28
feet high as shown on the approved plans for the building permit for this area, which
was added to the building at the time as the roof deck.. The Zoning Code has a
provision for a 25 square foot exception to the height limit (up to 29 feet) for stairways
and elevators, through which this stairway was allowed. Because the height of the patio
cover exceeds the height of the adjacent roof, staff is able to determine that the height
of the patio cover is higher than 28 feet.
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Appeal of Applicability of Zoning Code
January 6, 2005
Page 4
Optional Design
The property owner has been working the Building Department to address structural
issues associated with maintaining the patio cover on the roof deck, with a goal to
removing the existing attachments through the use of a series of weights. A preliminary
submittal by the appellant's structural engineer (attached) indicates that the current
attachment system may possibly be replaced by dead load sufficient to make it safe in
windy conditions. The calculations indicate that 180 pounds at each supporting column
(achieved through lead weighting within the columns plus external weights) would be
sufficient to deal with the calculated wind load. This has been checked by the Building
Department, and would be sufficient to secure the patio cover in an unenclosed
configuration. It does not analyze the current condition with side panels all around.
While this system may or may not be deemed sufficient once a full submittal is received
and analyzed for the entire design of the patio cover (open and enclosed conditions), it
seems the appellant's goal is to demonstrate that the patio cover "sits upon" the deck as
opposed to being attached to it or the building. This is presented in the attached letter
from the property owner dated December 20, 2004. Staff would argue, conversely, that
such a system is merely another means to "make fast (fasten)" the cover to the building,
which constitutes an attachment. The design is simply another means of creating a
foundation sufficient to fix the patio cover in place.
ENVIRONMENTAL REVIEW
A determination of the meaning and intent of the Zoning Code is not a project as
defined by CEQA, so no environmental review is required
ALTERNATIVE
The Planning Commission can determine that the patio cover is not a structure as
defined by the Zoning Code and, therefore, is not subject to the height limit. This
alternative would allow it to remain so long as the necessary building permit is obtained.
The Planning Commission, could further direct staff that regulations should be
developed to address future similar installations, which could be a separate work item
for the Planning Department, or perhaps be included in possible amendments to height
limits, which has already been initiated by the City Council.
Submitted by:
pa�M?AOt
Patricia Temple
Planning Director
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Appeal of Applicability of Zoning Code
January 6, 2005
Page 5
Attachments:
1. Site photographs
2. Letter from Building Department dated January 21, 2004
3. Excerpts from Title 20
4. Appeal letter from appellant
5. Calculations submitted by Breiholz Qazi Engineering, Inc.
6. Letter from Geoff Le Plastrier dated December 20, 2004
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CITY OF NEWPORT BEACH
` BUILDING DEPARTMENT
> oR�'�P Jay Elbettar, Director
January 21, 2004
BYEEGISTERED MAIL
Geoffrey R. Leplastrier Trust (1 LAN WIW 6 iA ppiD'o V q L ii \
19800 MacArthur Blvd., #750 1 �4T�°W (`ZS -f'rS QL1aWS. mSwJ
Irvine, CA 92612 " 5 µmw p flpGli n1 vfs i Y pk a� /
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SUBJECT: Notice of Cade Violation at 227 Goldenrod Avenue
4 ct'6t1�
Dear Mr. Leplastrier:
As a result of a complaint, an inspection was conducted of the property at 227 Goldenrod Avenue on
January 20, 2004. The inspection revealed that certain conditions exist which are in violation of Section 301.1
of the Uniform Administrative Code, as evidenced by roof canopy located on second floor roof deck.
Correction requires that you:
1. STOP ALL WORK
2. Obtain a building permit as an owner builder or secure the services of a licensed general contractor, and
request inspection by the Building Department.
3. In order to obtain a building permit, it will be necessary for you to submit an application with three sets of
plans and specifications to the Building Department. The plans shall show clearly and in detail the nature
and extent of the proposed work for review and approval by the Building Department.
4. The plans shall be prepared by a civil or structural engineer or architect licensed in California.
5. Return the structure to its original condition if permits are unobtainable.
6. Planning Approval will be required.
It is urgent that you take immediate action to correct the violations no later than January 30, 2004, and/or
obtain the necessary building permits, Once the violation has been corrected, you are required to contact the
undersigned between the hours listed below to schedule a re- inspection of the property. We realize that this
violation may have been an oversight on your part and due to lack of knowledge of the Municipal Code
provisions. However, if we do not hear from you by January 30, 2004, we will have no choice but to refer this
matter to the City Attorney.
If you have any questions about this matter, please contact the undersigned Building Inspector directly at (949)
644 -3268 between the hours of 7:00 to 8:00 A.M. and 3:30 to 4:15 P.M. or by writing to the above address:
Very truly yours,
BUILDING DEPARTMENT
Jay Elbettar, P.E., C.B.O., Director
By:.
Paul Sobek, Building Inspector
3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915
Telephone: (949) 644 -3275 - Fax (949) 644 -3250 •Website: www.newport- beach.ca.us /building
e -mail: cnb_blgCcity.newport- beach.ca.us
PART I. GENERAL PROVISIONS
Chapter 20.01
GENERAL PROVISIONS
Sections:
Base Districts Designated.
20AL010
Title.
20.01.015
Purpose.
20.01.020
Establishment of Districts.
20.01.025
Compliance Required.
20.01.030
Effect and Intent.
20.01.035
Permits and Licenses.
20.01.040
Base Districts Designated.
20.01.045
Overlay Districts Designated.
20.01.050
Map Adopted by Reference.
20.01.055
District Symbols.
20.01.060 Illustrations.
20.01065 Rules for Interpretation.
20.01.010 Title.
This title shall be known as the "City of Newport
Beach Zoning Code" and referred to as the "Zoning
Code." (Ord. 97 -09 Exh. A (part), 1997)
20.01.015 Purpose.
This Code is intended to promote the growth of
the City in an orderly manner and to promote and
protect the public health, safety, peace, comfort and
general welfare, and to protect the character and so-
cial and economic vitality of all districts within the
City, and to assure the orderly and beneficial devel-
opment of such areas. (Ord. 97 -09 Exh. A (part),
1997)
20.01.020 Establishment of Districts.
The Zoning Code establishes zoning districts and
regulations for the use of land and development of
property for al I the territory within the boundaries of
the City. (Ord. 97 -09 Exh. A (part), 1997)
20.01.025 Compliance Required.
No building or structure shall be erected, recon-
structed or structurally altered in any manner, nor
shall any building or land be used for any purpose,
679
20.01.010
other than as permitted by and in conformance with I
this Code and all other ordinances, Iaws and maps
referred to therein. (Ord. 97 -09 Exh. A (part }, 1997)
20.01.030 Effect and Intent.
When interpreting and applying the provisions of
this Code, it shall be held to represent the minimum
requirements adopted for the promotion of the public
health, safety, comfort, convenience and general wel-
fare. It is not intended by the adoption ofthis Code to
repeal or in any way to impair or interfere with any
existing provision of law of the City, or any rules,
regulations or permits previously adopted or issued
or which shall be adopted or issued pursuant to law
relating to the erection, construction, establishment,
moving, alteration or enlargement of any legal build-
ing or improvement; nor is it intended by this Code
to interfere with or annul any easement, covenant, or
other agreement between parties; provided, however,
that in cases in which this Code imposes greater re-
strictions than are imposed or required by other
easements, covenants or agreements, than in such
cases the provisions of this Code shall control. (Ord.
97 -09 Exh. A (part), 1997)
20.01.035 Permits and Licenses.
A. Permits and Licenses Not Affected. Nothing
herein contained shall be deemed to repeal or amend
any ordinance of the City requiring a permit or li-
cense or both to cover any business, trade or occupa-
tion.
B. Permit, License, Plan Check and Inspection
Fees. The fee for each permit, license, plan check and
inspection shall be established by resolution of the
City Council. (Ord. 97 -09 Exh. A (part), 1997)
20.01.040 Base Districts Designated.
A. The base zoning districts established are as
follows:
Residential - Agricultural (R -A) District;
Single- Family Residential (R -1) District;
Restricted Two - Family Residential (R -1.5) Dis-
trict;
Two - Family Residential (R -2) District;
Multifamily Residential (MFR) District;
(Newpon Beach Sapp. No. 7, 5 -04)
19
20.03.010
Chapter 20.03
DEFINITIONS
Sections:
20.03.010
Purpose and Applicability.
20.03.020
Rules for Construction of
Language.
20.03.030
Definitions.
20.03.010 Purpose and Applicability.
This chapter ensures precision in interpretation of
the zoning regulations. The meaning and construction
of words and phrases defined in this chapter shall
apply throughout this Code, except where the context
clearly indicates a different meaning or construction.
(Ord. 97 -09 Exh. A (part), 1997)
20.03.020 Rules for Construction of
Language.
In addition to the general provisions of this Code,
the following rules of construction shall apply:
A. The particular shall control the general.
B. Unless the context clearly indicates the con-
trary, the following conjunctions shall be interpreted
as follows:
I . "And" indicates that all connected words or
provisions shall apply.
2. "Or" indicates that the connected words or
provisions may apply singly or in any combination.
3. "Either ... or" indicates that the connected
words or provisions shall apply singly but not in
combination.
C. In case of conflict between the text and a
diagram, the text shall control.
D. All references to departments, commissions,
boards or other public agencies are to those of the
City, unless otherwise indicated.
E. All references to public officials are to those
of the City, and include designated deputies of such
officials, unless otherwise indicated.
F. All references to days are to calendar days
unless otherwise indicated, if a deadline falls on a
weekend or holiday, it shall be extended to the next
working day.
(Newport Beach Supp. No. 7, 5 -04)
682
G. Chapter and section headings contained
herein shall not be deemed to govern, limit, modify
or in any manner affect the scope, meaning or intent
of any section hereof.
H. The present tense includes the future, and the
future the present.
1. The singular number includes the plural, and
the plural the singular.
J. References in the masculine and feminine
genders are interchangeable.
K. The words "activities" and "facilities" include
any part thereof. (Ord. 97 -09 Exh. A (part), 1997)
20.03.030 Definitions.
As used in this Title 20, the following terms are
deemed in this section:
"Abutting" or "adjoining" means having district
boundaries or lot lines in common.
"Abandoned" means to cease or suspend from de-
veloping or maintaining a building or use for a stated
period of time.
"Access" means safe, adequate and usable ingress
or egress to a property or use.
"Acre, gross" means a measure of land area: For
purposes of calculating residential density or inten-
sity of development, a "gross acre" shall exclude ex-
isting, dedicated rights -of- way.'-
"Alley" means a public or private way perma-
nently reserved primarily for vehicular service access
to the rear or side of properties which otherwise abut
on a street. An alley shall not be considered a street.
"Alteration" means any change, addition or modi-
fication in construction or occupancy of an existing
structure.
"Alteration, structural" means any change or re-
placement in the supporting members of a building
such as bearing walls, columns, beams or girders.
"Animal, domestic" means small animals of the
type generally accepted as pets, including dogs, cats,
rabbits, hens, fish and the like, but not including
roosters, ducks, geese, peafowl, goats, sheep, hogs
or the like.
"Animal, exotic" means any wild animal not cus-
tomarily confined or cultivated by man for do-
14
mestic or commercial purposes but kept as a pet or
for display.
"Animal, large" means an animal larger than the
largest breed of dogs. This term includes horses,
cows and other mammals customarily kept in corrals
or stables.
"Animal, small" means an animal no larger than
the largest breed of dogs. This term includes fish,
birds and mammals customarily kept in kennels.
"Applicant" means owner(s) or lessee(s) of prop-
erty, or person(s) who have contracted to purchase or
lease property contingent upon their ability to acquire
the necessary permits, applying for permits under this
Code, .or the agent(s) of such persons. This term
includes the successor(s) of such persons.
"Area, buildable" means the area of a development
site, excluding any basic minimum side, front and
rear yard spaces, required for buildings three stories
or less in height.
Area, Floor. (See "Floor area, net" and "Floor
area, gross ").
"Area, lot, parcel or site" means the horizontal
area within the property lines excluding public -ac-
cess corridors, vehicular easements and areas to be
included in future street rights-of-way as established
by easement, dedication or ordinance.
"Area, net public" means the total area used to
serve customers, including, but not limited to, cus-
tomer sales and display areas, customer seating areas,
service counters and service queue and waiting areas,
but excluding restrooms and offices, kitchens,
storage and utility areas, and similar areas used by.
the employees of the establishment.
"Awning" means an ornamental roof -like cover
attached to a building and projecting over a window,
doorway or pedestrian walkway.
"Balcony" means a platform that projects from the
wall of a building, typically above the first level, and
surrounded by a rail balustrade or parapet.
"Basement" means that portion of a building
between floor and ceiling, which is partly below and
partly above grade as defined in this Code, but so
located that the vertical distance from the floor below
is less than the vertical distance from grade to
ceiling.
683
20.03.030
"Bay window" means a window or series of
windows that project outward from a wall of a
building forming a bay or alcove in a room within.
This definition includes bow, oriel and similar
projecting windows. (See "Greenhouse window'.
"Berm" means a mound or embankment of earth.
"Blockface" means the properties abutting on one
side of a street and lying between the two nearest
intersecting or intercepting streets, or nearest inter-
secting or intercepting street and railroad right -of-
way, unsubdivided land, water - course or City
boundary.
"Building" means any structure having a roof
supported by columns or walls for the housing or
enclosure of persons, animals, chattels or property of
any kind.
"Building, accessory" means a subordinate build-
ing, the use of which is incidental to that of the main
building on the same lot and/or development site.
"Building, main or principal" means a building in
which is conducted the principal use ofthe lot and/or
development site on which it is situated.
`Building, reldcatable" means a structure designed
for human occupancy for industrial, commercial or
professional purposes in such a manner as to be
readily transportable from site to site.
"Building bulk" means the visual and physical
mass of a building, calculated in accordance with
Section 20.63.060.
"Building site" means a parcel or contiguous
parcels of land which constitute a site eligible for
building development under the requirements of
Titles 19 (Subdivisions) and 20 (Planning and
Zoning).
"Bulkhead" means a retaining wall or similar
structure constructed along a waterfront.
"Bulkhead line" means a line established to define
the bayward limit for solid - filling or solid structures.
"California Environmental Quality Act (CEQA)"
means the California Public Resources Code, Section
2100 et seq.
"Calipel' means the thickness of trees as mea-
sured in inches, feet, etc. Trunk diameter for trees up
to four inches shall be measured six inches above the
(N-,pM B—n 1-02)
20.03.030
"Story" means that portion of a building included
between the upper surface of any. floor and the upper
surface of the floor next above, except that the
topmost story shall be that portion of a building
included between the upper surface of the topmost
floor and the ceiling or roof above. If the finished
floor level directly above a basement, cellar or un-
used underfloor space is more than six feet above
grade as defined herein for more than fifty (50)
percent of the total perimeter or is more than twelve
(12) feet above grade as defined herein at any point,
such basement, cellar or unused underfloor space
shall be considered as a story.
"Street" means a public or private vehicular right -
of -way, including local streets, commuter streets and
arterial highways,:but not including alleys, driveways
or off -road bikeways.
"Structure" means anything constructed or erected,
the use of which required location on the ground or
attachment to something having location on the
ground.
"Structure, accessory" means structures that are
incidental to the principal structure on a site. This
classification includes fences, walls, decks, landings,
patios, platforms, porches and terraces and similar
minor structures other than buildings (See `Building,
accessory").
"Submerged area" means an area which is below
"mean higher high water."
"Surface, finished" means the surface of a struc-
ture after the final installation or application of
stucco, siding, stone, brick, tile, shingles or other
surfacing or roofing materials.
"Swimming pools and hot tubs" means any con-
fined body of water, located either above or below
the existing finished grade of the site which exceeds
eighteen (18) inches in depth and is designed, used or
intended to be used for swimming or bathing
purposes.
"Transmission line" means an electric power line
bringing power to a receiving or distribution substa-
tion.
"Tree" means a plant having at least one well -
defined stem or trunk and normally attaining a ma-
ture height of at least fifteen (15) feet, with an aver-
(Newport wadi 1-02)
.�t
age mature spread of fifteen (15) feet and having a
trunk that shall be kept clear of leaves and branches
at least six feet above grade at maturity.
Tree, Fifteen Gallon. "Fifteen gallon tree" means a
fifteen (15) gallon container tree shal I be no less than
one -inch caliper and at least six feet in height above
grade at the time of planting.
Tree, Mature. "Mature tree" means any tree with a
trunk with a diameter of ten inches or more,
measured twenty -four (24) inches above existing
grade.
Tree, Twenty -Four Inch Box. "Twenty -four inch
box tree" means a twenty -four (24) inch box tree
shall be no less than one and three - quarters (1 3/4)
inch caliper and at least seven feet in height above
grade at the time of planting.
"Unit" means the particular area of land or air-
space that is designed, intended or used for exclusive
possession or control by individual owners or
occupier.
"Use" means the purpose for which land or pre-
mises of a building thereon is designed, arranged or
intended or for which it is or may be occupied or
maintained.
"Use, accessory" means a use that is appropriate,
subordinate and customarily incidental to the main
use of the site and which is located on the same site
as the main use.
"Use, ancillary" means a use that is clearly inci-
dental to and customarily found in connection with
the principal use; is subordinate to and serves the
principal use; is subordinate in area, extent or pur-
pose to the principal use served; and contributes to
the comfort convenience or necessity of the
operation, employees or customers of the principal
use served. An ancillary use may be located on a
property separate from the principal use.
"Use, principal" means the primary or predomi-
nant use of any lot, building or structure.
Used. The term "used" includes the following
meanings: arranged, designed, constructed, altered,
rented, leased, sold, occupied and intended to be
occupied.
�I
provided. The applicant must demonstrate the
equivalency of the proposed measures to the satis-
faction of the Traffic Engineer prior to considera-
tion by the Planning Commission. (Ord. 97 -09 Exh.
A (part), 1997)
20.64.085 Enforcement.
To assure that applicable developments comply
with the provisions of this chapter, the City shall,
following written notice to subject property owner
or designee, initiate enforcement action(s) which
may include, but not be limited to, the following:
A. Withholding issuance of a Building Permit
or Certificate of Occupancy.
B. Issuance of Stop Work Orders. (Ord. 2002-
14 § 2, 2002)
20.64.090 Appeal.
A. The determination of the Planning Com-
mission shall be final unless there shall be an appeal
by the applicant or any other person pursuant to the
procedure set forth in Chapter 20.95. Such appeal
shall be limited to evidence presented before, and
the findings of, the Planning Commission.
B. The City Council shall have a right to call
for review as set forth in Chapter 20.95, as limited
above. (Ord. 97 -09 Exh. A (part), 1997)
20.64.080
Chapter 20.65
HEIGHT LIMITS
Sections:
20.65.010
Purpose.
20.65.020
Effect of Chapter.
20.65.030
Measurement of Height.
20.65.040
Height Limitation Zones.
20.65.050
Planned Community Districts.
20.65.055
Required Findings to Exceed
Height Limits.
20.65.060
Existing Structures and
Permits.
20.65.070
Exceptions to Height Limits.
20.65.080
Airport Height Limits.
20.65.010 Purpose.
A. This chapter establishes regulations on the
height of buildings throughout the City in order to
ensure that the unique character and scale of New-
port Beach is preserved.
B. This chapter creates five height limitation
zones which govern building height but allow de-
sign flexibility with City review.
C. These regulations shall be reviewed and
revised as necessary. (Ord. 97 -09 Exh. A (part),
1997)
20.65.020 Effect of Chapter.
All sections of this code shall be subject to the
provisions of this chapter. (Ord. 97 -09 Exh. A
(part), 1997)
20.65.030 Measurement of Height.
A. Height of Structure. The height of a struc-
ture shall be the vertical distance between the high-
est point of the structure and the grade directly be-
low. In determining the height of a sloped roof, the
measurement shall be the vertical distance between
the grade and the midpoint of the roof plane, as
measured from the ridge of the roof to where the
wall plate intersects the roof plane; provided, that
no part of the roof shall extend more than five feet
above the permitted height in the height limitation
zone.
861 (Newport Beach Supp. No. 8, "4)
L'
BDE
0
BREIHOLZ QAZI ENGINEERING, INC.
1852 Lomita Boulevard
Lomita, California 90717
www.bgeinc.00m
Phone: 310 - 530 -3050
KF
Date: 11/29104
Checked:
]ESIGN DATA
BUILDING CODE
2001 CBC
FOUNDATION SOIL
N/A
MISCELLANEOUS
Civil & Structural Engineering
Seismic Hazard Reduction
engineer@bge.com
Fax: (310) 530 -0184
Project: . Le Plastrier Residence
Patlo Awning Frame
27 Goldenrod Ave., Corona Del Mar, CA
STEEL cw
Per AISC -p n .. %_and AWS. Steel shall conform to ASTM A572 Grade 50 for
W- shapes, ASTM A53 Grade B for tubes and pipes, and ASTM A36 for plates and
misc. steel. Shop and field welding shall be performed by electric arc process by
certified welders or licensed fabricators. Bolts shall conform to ASTM A307 or
ASTM A325 for high strength bolts. Reinforcing steel shall conform to ASTM 615 .
Grade 60 or ASTM A706 Grade 60 for welding applications.
CONCRETE N/A
Per ACI 318- Cement and aggregates shall conform to ASTM C150 (ty
II) and ASTM C33, respectively. Minimum compressive strength at 28 day shall I
as follows:
Slabs Walls Columns
Beams Footings
MASONRY N/A
DESIGN LOADS
SEE pg. 2
Sheet: 1 Of S",
Job No: 4- 214BDL
�`vS14t� 1(��f't'(tA(�t1j
C�E$1S i D�i���Utll�ilt>� �i�oct� C�ES1�
•. s�Fw�a�.�.s s 53�E� P \P � caL�mNS �s�
Per UBC. Material shall conform as follows: concrete block per ASTM C90
(lightweight, Grade A, Type li), bricks per ASTM C62 (Grade MW or Grade T' mortar mix 1:3%:% (cement, sand & hydrated lime of lime putty), grout mix 1:3:2 S
(cement, sand & 31W maximum pea gravel). Ultimate compressive strength shall
be:
WOOD NIA
Per NOS, APA and UBC. Lumber and other engineered wood products shall be
Douglas firdarch.
Studs Joists Light Framing
Posts Beams Plywood
Glue- Laminated Steel Hardware
INSPECTION .
Special, inspection by registered deputy inspector required for the following:
I�NE %% 1A w4m. 4r-
�s its i1� o ay CEO uaa0 Fc tl a. Sim
4
BREIHOLZ QAZI ENGINEERING, INC.
C1411 and Structural Engineering
Seismic Hazard Reduction
By-., . .. ........
. SUBJECT.-
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DATE .. -fi t4K ... -Y . T0.1
DEC
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Vat vbkA
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SHEET NO -,,OF
JOB NO.
..............................
............... ..................
9
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BREIHOLZ QAZI ENGINEERING., INC.
Civil and Structural Engineering
Seismic Hazard Reduction
SUBJECT .... . ............... SHEET NO ::,3 .........
DATE .... J... .......... TIT�AP,-Aw JOB No.,.-A-,Z-L'.t L
............... .................... ....... ........... ........ ......... .... ...... . ........................
CHEC
................ ...... ......
..................... ................. ....... ........... ............ ................ ............. ...... ...... ..
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L0E'CT58676 � 60�'CS b00Zl�i-TlTT
0
Morgan, Lewis & BocklUS lLF
300 South Grand Avenue
� or, ��„„
1Vl �Gllj
T Vvis
1�G
Twenty- Second Floor
Los Angeles, CA 90071. 31.32
COUNSELORS
A T LAW
Tel: 213.612.2500
Fax: 213.612.2507
www.morganlewis.com
Anthony Ciasulli
_. :..
213.612.1324
aciasulli @morganlewis.com
October 26, 2004
VIA FAX AND REGULAR MAIL
Daniel K. Ohl, Esq.
City of Newport Beach
Office of the City Attorney
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Re: 227 Goldenrod Avenue (the "Property")
Dear Mr. Ohl:
In response to Ms. Temple's October 11, 2004 letter regarding the Property (received on October
14), please be advised that Mr. Le Plastrier disagrees with the City's determination as set forth in
the letter and hereby elects to appeal this determination to the Planning Commission. Per your
October 19 voicemail message to me, this letter constitutes the filing of that appeal and there are
no filing fees for the appeal.
Also, following up to our October 25 telephone conversation,. notwithstanding the City's October
11 letter and Mr. Le Plastrier's election to appeal, the City will "toll" the scheduling of the appeal
to the Planning Commission to enable the City and Mr. Le Plastrier the opportunity to explore
alternatives, including securing the awning in a way which would not result in it being defined as
a "structure" or modifying the code in a way in which the awning and similar improvements in.
the City would not constitute a "structure ".
al�
1- LM800395.1
J
I K. Ohl
f Newport Beach
of the City Attorney
er 26, 2004 .
Page 2
IVMoig= Lewis
COUNSELORS AT LAW
Thank you for all of your help and cooperation in this matter and I look forward to hearing from
you as to a convenient time or times to explore such alternatives.
Very truly yours,
nthonyC
AC /rpv
c: Geoff LePlastrier
I- LA/800395.1
10/26/04 10:02 FAX 213 612 2501
Morgan, Lewis & llockius Ixr
300 South Grand Avenue
Twenty - Second Floor
Las Angeles, CA 90071.3132
Tel: 213.612.2500
Fax 213.612.2501
www.morganieviis.com
Anthony Ciasulit
213.612.1324
aclasulll @morganlewls.com
October 26, 2004
VIA FAX AND REGULAR MAM
Daniel X- Ohl, Esq.
City of Newport Beach
Office of the City Attorney
3300 Newport Boulevard
Newport Beach, California 92658 -8915
MORGAN, LEWIS -LA (6)
Re: 227 Goldenrod Avenue (the "Property")
Dear Mr. Ohl:
la 002 /003
morgm Imis
C O U N S E L O R S AT L A V
In response to Ms. Temple's October 11, 2004 letter regarding the Property (received on October
14), please be advised that Mr. Le Plastrier disagrees with the City's determination as set forth in
the letter and hereby elects to appeal this determination to the Planning Commission. Per your
October 19 voicemail message to me, this letter constitutes the filing of that appeal and there are
no filing fees for the appeal.
Also, following up to our October 25 telephone conversation, notwithstanding the City s October
11 letter and Mr. Le Plastrier's election to appeal, the City will "toll" the scheduling of the appeal
to the Planning Commission to enable the City and Mr. Le Plastrier the opportunity to explore
alternatives, including securing the awning in a way which would not result in it being, defined as
a "structure" or modifying the code in a way in which the awning and similar improvements in
the City would not constitute a "stricture ".
l- U1800395.1 ��
10/26/04 10:02 FAX 213 612 2501
Daniel K. Ohl
City of Newport Beach
Office of the City Attorney
October 26, 2004
Page 2
MORGAN,' LEWIS -LA (6)
I '
/0003/003
Moxgm Lewis
CO YNSRLOR& AT LAW
Thank you for all of your help and cooperation in this matter and I look forward to hearing from
you as to a convenient time or times to explore such alternatives.
I
Very truly yours,
Anthanys
AC /rpv
c: Geoff LePlastrier
i
I
I
31
i- L,vseo39s.i
DEC -29 -2004 12:44 MLB23 P.02iO3
19800 MacArthur Boulevard
Suite 750
Irvine, California 92612
December 29, 2004
LE PLA'Wrrf•.tt
DEVELOPMENT
CONSULTING
VIA FACSIMILE AND FEDERAL EXPRESS
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Attention: Ms. Sharon Wood
Ms. Patty Temple
Daniel H. Ohl, Esq.
9491851 9230
Fix: 949/851.1307
Emeilt Idc®ldcoinc.com
Re: Appeal of the Determination of Planning_ Director /January 6 2005 Planning
Commission Meetitlg
Dear Ms. Wood, Ms. Temple and Mr. Ohl:
As you know, by letter dated October 11, 2004, Ms. Temple notified me of a Planning
Department determination that the awning on my roof at 227 Goldenrod is a `.`structure which,
must, but does not, conform to the height limits of the zoning code." 1 have appealed that
determination and the appeal will be heard by the Planning Commission on January 6. As you
requested in our December 15, 2004 meeting, the purpose of this letter is to briefly set forth the
background and my position in this matter.
The October 11, 2004 notice, in reaching its determination that the awning violates the height
limits of Section 20.65.030 of the Newport Beach Municipal Code, first notes that this Section
"governs the height of structures (emphasis added) in this zoning district ". Thus, in order for my
awning to be in violation of the height limits of the Code, it must first be a structure as defined in
the Code. The October 11, 2004 notice acknowledges this and cites Section 20.03.030 of the
Code that defines a structure as "anything constructed or erected, the use of which required
location on the ground or attachment to something having location on the ground."
The awning on my roof obviously does not require "location on the ground ". The City also
acknowledges this in its October 11 determination but relies on the second part of the definition.
of structure. Based upon consultation with the City Building Director, the City concludes that
the awning would "have to be permanently attached to the building [my home] so that ii would
not be a hazard or threat to blow off the roof in high winds ". Given that the City assumes the
Le Plnsnier Lkvebpment Co., Inc. Le pinetnce Mmtngr,mem Co., Inc.. Le Plasmer Cmmtplting C'mop, Inc. Le Pla¢Aet 0:nwrurtion Co. p Uumml Cutum m. cto?i Li. Nn. 511 373
DEC -29 -2004 12:45 MLB23 P.03iO3
City of Newport Beach
December 29, 2004
Page 2
awning has to be attached to the building to satisfy this safety concern, the City then concludes
that the awning is a structure under Section 20.03.030 because the awning must have
"attachment to something having location on the ground."
The City's determination is incorrect because its basic assumption that the awning must be
attached to the building is incorrect. In this regard, I provided you in our meeting with an
analysis prepared by Breiholz Quzi Engineering which concluded that by providing 180 lb. load
to each column of the awning, the awning would be in full compliance with the City of
Newport's Building Code requirements for wind load, without any need for attachment of the
awning to the building. 1 am prepared to provide this 180 lb. load (and, in fact, would have done
so by now if not for the City's request to wait until after the January 6 Planning Commission
meeting to do so); and, once this 180 lb. load is provided, the awning will not "be a hazard or
threat to blow off the roof in high winds" as stated in the October 1 I .letter.
As long as the awning is not a threat to blow off the roof in high winds, it does not have to be
attached to the building. As long as it does have to be attached to the building, the awning is not
a structure under section 20.03.030. And, if it is not a structure, the awning is not subject to the
height restrictions of Section 20.65.030.
As the City and the Planning Commission considers my appeal it is worth noting that I did not
install my awning without first consulting with the City. As you know, and as members of the
City's Planning Department have acknowledged in Mr. Ohl's presence, I met with City staff as
early as June of 2003 (and had a number of follow -up calls), all well before the awning was
installed, and was told that the awning could be installed without permits or approvals. I then
hired an architect who prepared drawings and who also then met with the City staff on several
occasions. My architect was also informed that the awning did not require permits or approvals.
If the Planning Commission determines that the awning would not be a structure if not attached
to the building, I can immediately provide the ISO lb. load on each column to address the wind
hazard concerns.
Thank you very much for your consideration
Very tru yours,
ffLe lastrier
cc: Anthony Ciasulli, Esq.
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