HomeMy WebLinkAbout20191205_Resolution_PC2019-035RESOLUTION NO. PC2019-035
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2019-005
TO AMEND TITLE 20 ENTITLED "PLANNING AND ZONING" OF
THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED
TO HEDGE HEIGHTS IN FRONT SETBACKS ABUTTING
STRADAS IN LIDO ISLE (PA2019-132)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An amendment to Title 20 (Planning and Zoning) of the City of Newport Beach Municipal
Code ("NBMC") in relation to hedge heights in front setbacks abutting stradas in Lido
Isle is necessary due to the differing regulations between the City of Newport Beach
("City") and Lido Isle Community Association ("LICA") ("Amendment").
2. A public hearing was held by the Planning Commission on December 5, 2019, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the
California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and
Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented
to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The Amendment is not a project subject to the California Environmental Quality Act ("CEQA")
in accordance with Section 21065 of the California Public Resources Code and Sections 15060
(c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6,
Chapter 3 ("CEQA Guidelines"). The Amendment is also exempt pursuant to CEQA Guidelines
Section 15061 (b)(3), the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. The Amendment itself does not
authorize development that would directly result in physical change to the environment.
SECTION 3. FINDINGS.
1. Authorizing the amendment to Title 20 (Planning and Zoning) of the NBMC would correct
an existing inconsistency in hedge height regulations between the City of Newport Beach
and LICA. City regulations contained within NBMC Title 20 establish a maximum of 42
inches for hedges within front setback areas. In 2001, LICA homeowners voted to amend
the Association Covenants, Conditions, and Restrictions ("CC&Rs") to change the hedge
height limit abutting stradas (public walkways) from 30 inches to 60 inches. The Amendment
to Title 20 increases maximum hedge heights in front setback areas abutting stradas on
Lido Isle from 42 inches to 60 inches, consistent with LICA CC&Rs.
Planning Commission Resolution No . PC2019-035
Pa e 2 of 7
2 . An amendment to the Local Coastal Program ("LCP ") is also underway, as all Lido Isle
properties are part of the coastal zone . The subject Code Amendment shall not become
effective until approval of the subject LCP amendment by the California Coastal Commission
and adoption , including any modifications suggested by the California Coastal Commission ,
by resolution and/or ordinance of the City Council of the City of Newport Beach .
SECTION 4 . DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission finds the Amendment exempt from CEQA pursuant to Section
21065 of CEQA and CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378 ,
California Code of Regulations , Title 14 , Division 6 , Chapter 3. The Amendment is also
exempt pursuant to CEQA Guidelines Section 15061 (b)(3) because it has no potential to
have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends approval of
Code Amendment No. CA2019-005 as set forth in Exhibit "A ," which is attached hereto and
incorporated herein by reference .
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF DECEMBER , 2019.
AYES : Ellmore , Kleiman , Koetting , Lowrey , Rosene , Weigand
NOES :
ABSTAIN :
ABSENT: Klaustermeier
BY :
BY :
Planning Commission Resolution No. PC2019-035
Page 3 of 7
EXHIBIT "A"
Proposed Code Amendment related to Hedge Heights in Front Setbacks Abutting
Stradas In Lido Isle (CA2019-005)
Section 1: Amending Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of
Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to read as follows:
20.30.040 Fences, Hedges, Walls, and Retaining Walls.
This section provides standards for the provision of fences, hedges, walls, and retaining walls.
A. Maximum Height Allowed.
1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown in Table 3-1.
TABLE 3-1
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS
Location Maximum Height
Front setback areas. 42 inches. See subsection (B) of this section.
Rear and interior side setback areas. 6 feet in residential and commercial zoning districts.
8 feet in industrial zoning districts adjacent to residential
uses.
Setback areas abutting or adjacent to the waterfront of 42 inches from existing grade prior to construction.
Newport Bay, the shoreline of the Pacific Ocean, the Setback areas on Balboa Island and Little Balboa Island
Old Channel of the Santa Ana River (the Oxbow Loop), that are abutting or adjacent to Newport Bay are
or the channels in West Newport. regulated by subsection (B) of this section.
At intersections of streets, alleys and driveways within See Section 20.30.130 (Traffic Safety Visibility Area).
traffic sight areas.
2. Retaining Walls. The maximum height of a retaining wall shall be eight feet measured from finish
grade at the base of the wall, not including any required guardrails. A minimum horizontal separation
equal to the height of the tallest retaining wall shall be provided between retaining walls, except that
the required separation shall not be more than six feet. The above requirements shall not apply to
Planning Commission Resolution No. PC2019-035
Page 4 of 7
retaining walls that are an integral part of principal structures. An increase in the height of a retaining
wall may be requested in compliance with Section 20.52.050 (Modification Permits).
B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa Island, Corona del Mar, West
Newport, East Bay Front on Little Balboa Island, and North Bay Front and South Bay Front on Balboa Island fences
and walls shall be allowed to extend to a height of five feet; provided, that any portion of the fence or wall above two
feet shall be constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at
least forty (40) percent of the portion of the fence or wall above two feet is open. See Figure 3-1.
C. Exceptions to Maximum Height.
1. Grade Differential. Where the existing or proposed grade of a lot adjacent to the front setback area
is more than twenty-four (24) inches above the adjacent sidewalk (or curb elevation where no sidewalk
exists), a maximum twenty-four (24) inch high retaining wall shall be allowed to be located at the front
property line. Additional retaining walls shall be allowed to a maximum height of thirty-six (36) inches
each, provided they are set back a minimum distance of twenty-four (24) inches from the inward face
of the previous retaining wall. Additional retaining walls shall be subject to the same limitation. A
maximum forty-two (42) inch guardrail shall be allowed atop the uppermost retaining wall for safety
purposes, provided the guardrail is constructed of open grillwork, wrought iron, latticework, pickets, or
similar materials so that at least forty (40) percent of the fence is open. See Figure 3-1.
2. Decorative Fence/Wall Details and Lights.
a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may be placed on
fence or wall vertical support elements (e.g., pilasters, pillars, posts, etc.), provided they are
secure and do not extend more than twelve (12) inches above the maximum allowed height.
b. The number of decorative items (e.g., finials, pilaster caps, pots, and similar items) and light
fixtures shall be limited to not more than one item or fixture for every six lineal feet of fence or
wall.
3. Fencing for Pools and Spas.
a. Swimming pools, spas, and other similar features shall be fenced in compliance with Title 1.§.
b. Fencing and guardrails for ponds, spas, and swimming pools located in a front setback area
or in the rear and side setback areas regulated as front setback areas on lots with forty-two (42)
Planning Commission Resolution No. PC2019-035
Page 5 of 7
inch height limitations may be allowed to exceed the height limit in compliance with the following
standards:
i. Fences shall be constructed of open grillwork, wrought iron, latticework, pickets, or
similar materials so that at least forty (40) percent of the fence or wall is open. In lieu of the
above, glass or Plexiglas may be allowed; and
ii. Fence height shall be limited to the minimum required by Title 1.§.
Sidewalk
5.!10"
Pedestrian~
Sidewalk
40 Percent Open
Construction
Required
5!10"
/ Pedestrian
Figure 3-1
40 Percent Open
Construction
Required
b I
II)
Existing
Grade
Planning Commission Resolution No. PC2019-035
Page 6 of 7
Grade Differential at Front Property Line
4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential lots adjacent to
nonresidential zoning districts or commercial alleys, fences, walls, or hedges may be up to eight feet in
height in required residential side yards for buffering and/or sound attenuation.
5. Residential Lots Where the Top of Slab Is Required to Be Raised to 9.0 NAVD88 and Where the
Grade of the Lot Is Proposed to Be Increased. The height of fences and walls within required side and
rear yard setback areas may be increased provided the height does not exceed six feet as measured
from the proposed finished grade and nine feet as measured from the existing grade prior to
construction. Additionally, the height of fences or walls shall not exceed nine feet as measured from
the existing grade of an abutting lot. The portion of the fence or wall above six feet in height from the
existing grade prior to construction shall be constructed of open grillwork, wrought iron, latticework,
pickets, or similar materials so that at least sixty (60) percent of the fence or wall is open or is
constructed of a transparent material.
6.. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the maximum hedge
height shall be five feet.
D. Measurement of Fence or Wall Height. The height of a fence, hedge, or wall shall be measured from the existing
grade prior to construction at the location where the fence, hedge, or wall is located.
E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and other similar materials shall not be
allowed in residential zoning districts. (Ord. 2012-11 § 1 (Exh. A), 2012: Ord. 2010-21 § 1 (Exh. A)(part), 2010)
Section 2: Amending Section 20.80.010 (Area Maps) of Title 20 (Planning and Zoning) of
the Newport Beach Municipal Code to include Area Map A-7 -Lido Isle as follows:
. . . ------------;-----1-' . "' . ,g. ~ :
£ "' <t:' ••
-
-----------------...~~~ w ~ z 1 · .
.. ') i r g * ~ " \
-
~---------------.•· . ' ;
.. "'" : ,. . '
: "'"' . '""' , •···· '
'·· ....... UDO
'.'IA MALAGA
ST
A-7 Lido Isle
••• C dry ••• .-•••••~'li-.. "fl'.~ Oasta/ Zone Boun ~ •••••••••• H .. WY vv i -.-..... • ..... ST ' ................ (!QA ~
·~ CRESTVIEW -e-16
°% VISTA
LIOO
>SJF
,iERLY OR "'.,.
ff
pR
Strada
LINDA
,SV.,10
0
""CJ
ll)
:::J
2.
:::J co
()
0
3
3
cii" ~-0
:::J
::0
CD
CJ)
0
C
r+ o·
:::J
z
0
""CJ
""CJ ()
ll> N
0 CD __._
--1cp
0 0 -w
--1 01