HomeMy WebLinkAbout94-35 - Amending Title 20 of the Municipal Code so as to Increase the Allowable Patio Height Limit Within Required Front Yard Setbacks on Residential Lots Along North Bay Front and South Bay Front on Balboa Island. (Planning Commission Amendment No. 804)ORDINANCE NO. 94 -35
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE MUNICIPAL CODE
SO AS TO INCREASE THE ALLOWABLE PATIO HEIGHT
LIMIT WITHIN REQUIRED FRONT YARD SETBACKS ON
RESIDENTIAL LOTS ALONG NORTH BAY FRONT AND
SOUTH BAY FRONT ON BALBOA ISLAND.
(PLANNING COMMISSION AMENDMENT NO. 804)
• WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport
is
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, City Council Policy U6 provides for the construction of a solid
raised patio within the public right -of -way up to a maximum height of 2 feet 6 inches along
North Bay Front and South Bay Front, where Title 20 limits the solid portion of a 5 foot
high improvement within a required front yard setback on Balboa Island to a maximum
height of 2 feet; and
WHEREAS, on June 9, 1994, the Planning Commission of the City of
Newport Beach held a public hearing regarding Amendment No. 804, and at that time voted
to recommend that the City Council approve the amendment; and
WHEREAS, on July 11 , 1994, the City Council of the City of Newport
Beach held a duly noticed public hearing regarding this ordinance.
NOW THEREFORE, the City Council of the City of Newport Beach does hereby
ordain as follows:
SECTION 1. Section 20.02.071 of the Newport Beach Municipal Code be amended
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.
Exception: Fences, walls, hedges and screen planting shall not exceed a height of 5 feet
above the natural grade in all required front yard setback areas adjacent to North Bay Front
and South Bay Front on Balboa Island (the upper 2 feet 6 inches of which must be at least
40% open).
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 27th day of June , 1994, and was
adopted on the 11th day of JulY . 1994, by the following vote, to wit:
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DANA -A \AMEND \A804.ORD
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AYES, COUNCIL MEMBERS HEDGES,
SANSONE, WATT, TURNER. HART, COX DERRY
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
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