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HomeMy WebLinkAboutAMENDMENT 753_REVISE DEFINITION OF GRADE111111111 lill 11111111111111111111111111 III 1111111 AMENDMENT 753 COUNCIL MDKRS ITY OF NEWPORT BEACH MINUTES May 11, 1992 (a) (f) Proposed ORDINANCE NO. 92-19, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.06 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE NATIONAL Elit CA CODE. 1990 EDITION. (Refer to report w/agenda item F-l(a)] Provos" ORDINANCE MD. 92-20, being, AN akDINANCE OF THE CITY OF NEW? O BEACH AMENDING \[R OF THE NEWPORMUNICIPAL CODE TUNIFORM PLUMBE, 1991 EDITIOto report w/agen1(a)] 92-19 Code (26) 92-20 (g) Proposed ORDINANCE N0. 21, being, rd 92-21 wimg Code AN ORDINANCE OF THE TY OF (26) NEWPORT BEACH A ISO CHAPTER 15.09 OF NEWPORT BEACH MANIC CODE TO ADOPT THE .UNIFO Brun MIG POOL CODE, 1991 EDITION. [Refer to report w/agenda item F-l(a)] Schedule for public hearing on May za, 1992 - (h) Proposed ORDINANCE NO. 92-22, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE THE DEFINITION OF THE TERM -GRADE,- (PLANNING COMMISSION AMENDMENT NO. 753). [Report from the Planning Department] (i) being, Proposed ORDINANCE NO. 92-23, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING NAP N0. 14 SO AS TO RECLASSIFY THB PROPERTY LOCATED AT TERLY CORNER OF P AVENUE AND AGATE A FROM THE C-1-H DISTRI TO THE R-1.5 DISTRICT TO ESTABLISH A 6 FOOT YARD SETBACK. ALONG THE GATE AVENUE FRONTAGE OF SUBJECT PROPERTY ( ANNING COMMISSION AMBND NO. 754). [Report fr the Planning Department] Volume 46 - Page 173 (94) Ord 92-23 Zoning (94) 754 CITY OF XWORT BEACH MINUTES way it, 1992 (�> Removed fro■ the consent Calendar (refer to agenda Stein o. 1 for Council action). 2. \ RESOLUTIONS FOR ADOPTION: 3. (e) Resolution No. 92-46 setting forth findings based on local conditions within the City of Newport Beach which make certain modifications and changes to the Uniform: Building Code, the Uniform Plumbing Code, a" the National Electrical Code reasonably necessary. [Refer to report /agenda item 1-1(a)] (b) solution No. 92-47 authorising th City Manager to deny property din a or personal in wry claims fila its from City Attornwith the a ty Clerk. lxey and (c) ResOlu No. 92-4i approving finanai documents for the tesusnce of CERTIFICATES OF PARTICIF Noll FOR CONSTRIICTION of Tag CER2RAL LiBNARl. r asoiuti w/report frog the (a) Professional ervi:as Contract with Wildan As ciatas for design services relat d to the SAN JOAQUIN MILLS RECLAI$ED WATER [Re rt from the Utilities Departm t] (b) Consultant Services cement with Infrastructure Nana ant Services (Sexes.) for PA xAACSNaT SERVICES "a NASTn S2&ZM (C-2884). [Report fr the Public Works Department] (c) Agraament betweaa tha City of Newport Basch and the Ca iforaia State Library for accept ca of FUNDS in the amount of f7271357, designated for the con$t=CtidP of the NEW CEREAL LISLA11. txemorandus from the Board f 4. cuin FOR DANAM - For denial an4 confirm►tion of the City Clark's referral to the claims adjuster: (*) Tridi/Tourifcedamam Ofi, for gas to vehicle (driver Stuart grant Carney) by city's Field Naintenance pickup while parked at Emerald/North Bay Front on March 21, 1992. volume 46 - Page 174 Code Res'92-46 (26) CMgr Res 92-47 (36) Central Cert£s Res 92-48 (40/50) SJoaquin HIS Rclmd Wtr Sys C-2909 (38) Master Pln Sts/IMS C-2884 (38) New Centrl Library/ LSCA Vnds C-2778 (38) (36) British Columbia .. CITY OF NEWPORT BEACEO" COUNCIL MEMBERS \'A'�'4\'%k1\`af Present x x Motion All Ayes Motion All Ayes Motion All Ayes x x x X x x x x REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: May 26, 1992 Sansone presented a Proclamation to t Grant, President, Newport Beach of National Management Association -in ``CC�ion of June 1 through 6, 1992 as Left Week in Newport Beach. A Cart ifica of Appreciation, along with mementos from the City, was presented to newspaper report , Iris Yokoi from the Daily Pilot for her ex platy news coverage of Newport Beach duri the past two years. Mayor Sansone stated t t Iris will be leaving the Daily Pilot to work or the Los Angeles Times and will be servin inland cities in Orange County. A. ROLL CALL. B. Reading of Minutes of Meeting May 11, 1992. was waived, approved as itten, and order filed. C. Reading in full of all ordinances resolutions under consideration was waived', and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the public hearing regarding proposed ORDINANCE NO. 92-22, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE SEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE THE DEFINITION OF THE TEEM "GRADE, w (PLANNING COMMISSION AMENDMENT NO. 7R - — Report from the Planning Department. The Planning Director summarized the purpose of the proposed ordinance noting that the refined language defines the term "Grade" as "the unaltered natural vertical location of the ground surface" unless two exceptions apply. Such terminology incorporates language from the Uniform Building Code so as to minimize any confusion between the Building Code and the Zoning Code. The first exception is for sites which have approved grading plans -or maps that were approved at the time of subdivision. In such cases, grade shall be finished grade as shown on the plan or map so approved. The second exception for determining "grade" has to do with sites located in Flood Hazard Areas within the City. The existing Code incorrectly makes reference to Flood Hazard Protection Maps. Said maps are correctly called Flood Insurance Rate Maps and so the Code has been revised accordingly. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 92-22. Volume 46 - Page 180 MINUTES (94) 92-22 MINUTES A0\kA\0R11A\ Uy 26, L992 INIEX ROLL Cal Mayor Sansone opened the public hearing regarding: CEMMAL. PLAN A)RNDMm no. 92-1(A) - GPA 92-1(A) Request to amend the Land Use Element of (45) the Newport Beach General Plan so as to redesignate the subject proparty from to "Two "Retail Service Commercial" amily Residential;" AND COASTAL P109M AMENDISSMT N0. 25 - LCPA 25 Re ueat to amand the Local Coastal Pro an Land Use Plan so as to rode hate the subject pproperty from to "Two "Reta Service Commercial" FamiI Residential;" AND Proposed INANCE N0. 92-23, being, Ord 92-23 Zoning AN INANCE OF THE CITY COUNCIL (94) OF CITY OF NEMIT BEACH ANEN1 A PORTION OF DISTRICTIN MIY s0 14 SO AS TO RECLASSIFY THE PROPER LOCATED AT VORTMMSTMy CORNER F PARR AVENUR Aid! AGATE AVENGE THE C-1-11 DISTRICT TO TIE 1-1 5 DISTRICT AND TO ESTABLISH A 6 FOOT FBONY YARD SETBACK THE AGATE AVE= FIONTAOE 0 TEE BMW= PROPERT, WON A N0. PCA 754 74P=� 5 Report from the P1a ing Department. The Planning Directo noted that the applicant proposes demolish the structures on the two ta, and utilise the site for two, two- it residential projects. Tha appl ant is also proposing to amend a portion of Districting Nap NO. 1 so as to establish a six (6) fop front yard setback on the Agate Avanu frontage of the site. Said setback i consistent with the six (6) foot front rd setback required for all residentia roperties in the same block of Agate Av ue. Hearing no one wishing to add Ass the Council, the public hearing was losed. Motion x )(Orion was made to: adopt Res anon Caneral flan Res 92-49 All Ayes No. 92-49, adopting Amendment No. 92-1(A), adopt Baaol (ion Res 92-50 No. 92-30, adopting Local CO a tal Program Amendment so. 25; and a t Ordinance No. 92-23. 31 Mayor Sansone opened the public hears 92-24 Ord 92-24 Revenue/ regarding proposed ORDINANCE W. be=$, Finance 6 Zoning AN ORDINANCE OF THE CITY COUNCIL (27/94) OF THE CITY OF NEWPORT BEACH ANENDISG TITLE 20 OF SIR xWPW BEACH MUNICIPAL CODE SO AS TO REGULATE THE OPRIATION OF SIFT TERM RIDENTILOAr�.ILIcZ UNITS VITHIN (P PCA 757 COINLISSION AMENDMENS No. 757). Volume 46 - Page 181 t City Council M&g Mav '11. 1992 Y Agenda Item No. F-1(h) TO: FROM: SUBJECT: INITIATED BY: Application CITY OF NEWPORT BEACH Mayor and Members of the City Council Planning Department �w+r Amendment No. 753 Request to consider an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade." The City of Newport Beach This item involves a request to consider an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade." Amendment procedures are set forth in Chapter 20.84 of the Municipal Code. Suggested Action If desired, introduce Ordinance No. and set for public hearing on May 26, 1992. At its meeting of April 23, 1992, the Planning Commission voted unanimously to recommend the approval of Amendment No. 753 to the City Council. At its meeting of May 9, 1991, the Planning Commission upheld an appeal of Dick Dodd, architect, from the decision of staffs interpretation of the Zoning Code regarding the definition of the term "Grade" as it relates to measuring the height of a single family dwelling on property located at 701 Kings Road. The Commission's opinion in upholding the appeal was that in subdivisions where pads have been created as part of the subdivision approval process, natural grade is the pad elevation as approved by action of the Planning Commission and the City Council when approving the subdivision. For older portions of the City which were subdivided without reference to specific pad elevations, the determination of natural grade should be made by staff based on whatever information is available, such as older photographic information or topographic surveys. The action of the Planning Commission also included instruction for staff to bring back clarifying language for the Code as it relates to the definition of "Grade." TO: City CouncP 2 The refined language defines the term "Grade" as "the unaltered natural vertical location of the ground surface" unless two exceptions apply. Such terminology incorporates -language from the Uniform Building Code so as to minimize any confusion between the Building Code and the Zoning Code. The first exception is for sites which have approved grading plans or maps that were approved at the time of subdivision. In such cases, grade shall be finished grade as shown on the plan or map so approved. In the case of developed sites that predated the requirement for a grading plan or map, the Planning Department shall be responsible for determining the location of grade for the purpose of measuring height. The suggested language also includes the criteria that the, Planning Department will use to determine grade in such cases. The criteria includes the existing on -site elevations and contours, as well as the elevations and contours of adjoining and nearby properties. The suggested language also includes a provision which precludes the use of excavated grade surfaces that have been established on building sites which artificially lower the natural grade of the site. Examples of such artificial grades would be basements or wine cellars. The proposed amendment also provides that in cases where retaining walls have been constructed or filled surfaces have been used for the purpose of measuring height prior to October 12,1972, the finished grade established in conjunction with the filled condition will be used for the measurement of height. The second exception for determining "grade" has to do with sites located in Flood Hazard Areas within the City. The proposed amendment does not contain any substantial changes to the existing Code. However, it has been mentioned by the Building Department, who is responsible for administering the National Flood Insurance Program for the City, that the existing Code incorrectly makes reference to Flood Hazard Protection Maps. Said maps are correctly called Flood Insurance Rate Maps and so the Code has been revised accordingly. Copies of the Planning Commission staff report and an excerpt of the Planning Commission minutes will be forwarded to the City Council at the time -of the public hearing. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKE�JR, Director p By i5 . , 0�i ,e t WILLIAM R. I.AYCOFK Current Planning Manager Attachments: Proposed Ordinance wxt\+ns.CC • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH' AMENDING TITLE 20 OF THE NEWPORT'BEACH MUNICIPAL CODE SO AS TO REVISE THE DEFINITION -OF THE TERM "GRADE" (Planning Commission Amendment No. 753) 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 its provisions whenever the public necessity and convenience and the public welfare require such r amendment;,and WHEREAS, Section 20.84.020 of the Municipal Code of the City of Newport Beach provides that an amendment to Title 20 may be initiated by the City Councilor the Planning Commission; and WHEREAS, Title 20 of the Newport Beach Municipal Code includes provisions for regulating the height of buildings throughout the City; and WHEREAS, Section 20.02.025 of the Municipal Code includes a definition of the term "Grade" which is used for the purpose of -measuring height; and WHEREAS, the City Council, has determined that the existing definition of the term "Grade" is unclear and unworkable and that such definition should be amended; and WHEREAS, the Planning Commission, at its March 19, 1992 meeting directed the staff to initiate amendment procedures so as to consider Amendment No. 753. WHEREAS, pursuant to Section 20.84.030, the Planning Commissionhas bold a duly noticed public hearing at its meeting of April 23, 1992, to consider Amendment No. 753 to Title 20 of the Newport Beach Municipal Code; and WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of April 23, 1992 approved Resolution No. 1293, thereby recommending that the City Council of the City of Newport Beach approve Amendment No. 753 to the Newport Beach Municipal Code; and WHEREAS, the City Council has determined that Amendment No. 753 is exempt from the requirements of the California Environmental Quality Act under a Class 5 (Minor Alterations in Land Use Limitations) exemption; and 1 a I I WHEREAS, on May 26, 1992 the City Council of the City of Newport Beach held a duly noticed public hearing regarding Amendment No. 753. NOW, THEREFORE the City Council of the city of Newport Beach does hereby ordain as follows: Section 1. Section 20.02.025 of the Municipal Code is hereby amended to read :R as follows: 20.02.025 DEFINITIONS. A. HEIGHT OF BUILDING. The 1 qj height of a structure shall be the vertical distance between grade at any point and the j,•, highest point of the structure directly above, provided that a roof shall be measured to the }t , average height of the roof, but that no part of the roof shall extend more than five (5) feet j.,'• above the permitted height in the height limitation zone. B. GRADE. For the purpose of measuring height, the grade shall be the, unaltered .. natural vertical location of the ground surface unless one of the following applies: (1) At the time of subdivision, the City has approved a grading plan or map, ;r under which circumstances grade shall be finished grade as shown on the plan or map so approved. For sites that were developed without or prior to the 7 requirement for a grading plan or map, the Planning Department shall exercise its best efforts to determine the location of grade for the purpose of ; measuring height. In so doing, the Planning Department shall use existing on- •', site elevations and contours, as well as the elevations and contours of adjoining and nearby properties to determine the natural profile of the site. ¢ In cases where retaining walls have been constructed or filled surfaces have! been used for the purpose of measuring height prior to October 12,1972, the ` finished grade established in conjunction with the filled condition shall be li y}N used for the measurement of height. Under no circumstances shall height be }• measured from excavated surfaces such as basements and wine cellars which y„ have been used to artificially lower the ground surface. i' 2 n a i (2) Flood d Areas. The height limit,for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Flood insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council.' Notwithstanding the building pad elevations established by the Flood Insurance Rate Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 627 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. Section 2. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once intheofficial 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 filth day of May, 1992, and adopted on the 26th day of May, 1992, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR 3 jr- i t. t f. COMMISSIONERS ROLL CALL P CITY OF NEWPORT BEACH Discussion Items: May 9, 1991MMUTES Appeal of Dick Dodd, architect, from the decision of staffs interpretation of the Zoning Code regarding measuring the height of a single family dwelling on property located at 701 Kings Road. Planning Director Hewicker distributed to the Planning Commission copies of a document he had prepared which contained some of the existing language regarding height limits and grade as it appears in both the Zoning Code and the Building Code. Mr. Hewicker traced the language back to October 12,1972, when the City adopted new height regulations as a result of a citizens' committee that was formed to study the issue of height and bulk of buildings in the City. The committee's recommendations included dividing the City into five different Height Limitation Zones with basic height limitations for each zone and a higher height limit allowed by use permit. At the same time, the definition of the term "grade" was changed, basically, to what currently appears in the Zoning Code, and Mr. Hewicker read the language as it appears in Section 20.020.25 B. Mr. Hewicker continued that it was the desire of staff to eliminate the mention of October 12, 1972, as it refers to a way of measuring grade prior to 1972 and a way to measure grade after 1972, resulting in an ambiguity which was not the intent of the ordinance. Mr. Hewicker stated that the original intent of the regulation was to allow the roof planes of a building on a sloping lot to parallel or follow the contour of the slope beneath so to eliminate the creation of a high structure coming straight out and straight down. In this kind of design, it is possible to elevate the grade slightly so as to provide a level floor at ground level and to build a retaining wall and actually cut into the slope in the rear so as to provide either a structure with a one story elevation on the street level and a two story elevation at the rear or some kind of a split level structure in the middle. Continuing, Mr. Hewicker said that in past years interpretation of grades on hillsides has been done in such a way that if someone once cut into the slope and then, at some future date wanted to add on to the original structure, instead of honoring the original topography of the land and measuring from the natural grade, the 1972 reference was interpreted to mean the height of the -23- INDEX Discussion Iten No.1 COMMISSIONERS ROLL CALL E CITY OF NEWPORT BEACH May 9, 1991MINUTES structure must be measured from the lower level. Following that same interpretation, if the structure had been raised on the front of the lot prior to 1972, grade must be measured from that higher elevation, and Mr. Hewicker stated that was not the intent of the regulations. Referring once again to the handout, Director Hewicker read the language from the section of the Building Code regarding Exceptions from Grading Permit Requirements, which lists, "An excavation below finished grade for basements, footings, retaining walls or other structures authorized by a valid Building Permit." He said that the Planning Commission had had many discussions regarding applicants desiring to excavate for a basement, gravity furnace, etc., and he believed that these type excavations should not be interpreted as needing a grading permit for purposes of measuring height under the provisions of the Zoning Ordinance. Mr. Hewicker stated his suggested amendments to the Zoning Code as being: 1) eliminate reference to October 12, 1972; 2) clarify definition of natural grade to include vertical location undisturbed by any man-made forces; and 3) add language to clarify that height is not measured from excavated floor surfaces or fill that has been placed on the site which artificially raises or lowers approved grades. In the ensuing discussion between the Commissioners and Mr. Hewicker, it was agreed that in areas graded for subdivisions where pads have been created, natural grade is the pad as approved by action of the Planning Commission and City Council when approving the subdivisions. In attempting to determine natural grade in some of the older portions of the City, staff would use whatever data might be available, such as older photographic information or topographic surveys. If the reference to October 12, 1972 were deleted from the Zoning Code, any future need for determination of grade would be processed through a Site Plan Review procedure. Dick Dodd, 201 Shipyard Way, addressed the Planning Commission and stated that he did agree with most of the changes recommended above for the determination of grade in the Zoning Code; however, he stated that the definition of grade is contained -24- INDEX COMMISSIONERS ROLL CALL Motion All Ayes E CITY OF NEWPORT BEACH May 9, 1991MINUTES in the Grading Ordinance and not in the Uniform Building Code. He felt that the effort should be made to conform the Building Code definition with that of the Zoning Code. Mr. Dodd stated that he was protesting a decision by Planning Department staff and their interpretation of the Zoning Code regarding his method of measuring the height of a structure on property located at 701 Kings Road, and he was requesting that the Planning Commission make a determination whether the staffs decision was correct or not. In the ensuing discussion between Mr. Dodd, Mr. Hewicker, and Commissioner Pomeroy, it was ascertained that Mr. Dodds issue of measurement would be resolved by the recommended changes to the Municipal Code outlined by staff. Motion was made to uphold the appeal of the applicant and to instruct staff to bring back clarifying language of the Zoning Ordinance as it relates to the establishment of grade to the Planning Commission. Motion voted on, MOTION CARRIED. ::: Request consider revocation proceedings on Permit No. 1852 that permitte he establishment an blishmen t of Hass's Cafe with on -sale beer and wine on pro rty located at 3325 Newport Boulevard in the C-1 District. The r ocation proceedings are in conjunction with the failure of the apple nt to purchase required in -lieu parking hermits from the City. Assistant City Attorney Flory info ed the Commission that she had met with Mr. Hassan and discuss the possible action of the Planning Commission, and that Mr. san had indicated a l' to be in making payment on the i ieu parking fees in witmgness g arrears. Mr. Hassan was advised by Assistant Cl Attorney Flory that she would prepare an agreement for the monthl ayment and that the Planning Commission would set the amount. Sh dicated that due to the construction taking place on Newport Bo vard and the loss of the Municipal Parking Lot, Mr. Hassan wante o -25- INDEX Discussion Item No.2 RM Set for P.H. y-20-91, I V, w Planning Commission Meeting May 9. 1991 Discussion Item No. 1 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Appeal of Dick Dodd, architect, from the decision of staffs interpretation of the Zoning Code regarding measuring the height of a single family dwelling on property located at 701 Kings Road. This matter has been brought to the Planning Commission in accordance with Section 20.01.060 E. of the Municipal Code which provides that an applicant who is aggrieved by the denial or a conditional approval of a building permit pursuant to Section 20.01.060 D hereof, may request a hearing on such matter before the Planning Commission. In this particular case, the applicant is in disagreement with staffs interpretation of the definition of the term "Grade" as it applies to the measurement of building heights. In accordance with Section 20.02.025 of the Municipal Code the term "Grade" is defined as follows: GRADE. For the purpose of measuring height, the grade shall be natural grade unless one of the following applies: (1) The Planning Commission has approved a grading plan or map, or a grading permit had been issued on or before October 12, 1972, under which circumstances grade shall be finished grade as shown on the plan or map so approved or on the plan for which the permit was issued. (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Flood Hazard Protection Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the Flood Hazard Protection Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. TO: Planning Commission - 2. It is staffs interpretation that in accordance with paragraph (1) of the above Code section, when "natural grade" has been altered as part of a previous development of a building site, and such alteration occurred prior to October 12, 1972 (date of adoption of current height limit provisions), "grade" for the purpose of measuring building height for any new construction shall be the finished grade as shown on the previously approved grading plan or map approved by the Planning Commission or on the plan approved in conjunction with the previous development. Staff makes no distinction whether the finished grade of the previous development was established by an approved grading plan or an approved building permit. It is the applicant's contention that in the case of his project located at 701 Kings Road, the existing finish grades of the four building pads that exist on the property, were not established in conjunction with the Planning Commission's approval of a grading plan or map, nor were they established by an approved grading permit. Therefore, building heights should be measured from the original natural grade that existed on the site prior to the original construction of the existing dwelling. Such a distinction is significant to the applicant inasmuch as the existing finish grades on the site are as much as 7± feet below the original grade of the site, which results in a building envelope that is 7± feet lower. It should also be noted that Section 20.02.026 of the Municipal Code includes provisions which allows the Planning Commission to establish grade through the approval of.a Site Plan Review when the following findings can be made: 1. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. 3. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. Staff has indicated to the applicant that the Site Plan Review procedure would be available to him for the project at 701 Kings Road. It should be further noted that staff and the applicant will have some drawings at the Planning Commission meeting which further explain the pertinent issues involved. TO: Planning Commission - 3. PLANNING DEPARTMENT JAMES D. HEWICKER, Director f Planning Commission Meeting Qpri1231 1992 Item No. 7 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department, SUBJECT: Amendment No 753 (Public Hearin) Request to consider an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade." INITIATED BY: The City of Newport Beach Application This item involves a request to consider an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade." Amendment procedures are set forth in Chapter 20.84 of the Municipal Code. At its meeting of March 19, 1992, the Planning Commission directed staff to schedule a public hearing to consider Amendment No. 753 at its meeting of April 23, 1992. As part of the consideration of this item at the March 19, 1992 Planning Commission meeting, staff prepared a report which provided extended background concerning the necessity of the proposed changes to the definition of the term "Grade." Staff has attached a copy of that staff report with related attachments for the Planning Commission's information. Additional Anaysis Since the preparation of the March 19, 1992 staff report, staff has had further discussions concerning the proposed changes to the definition of "Grade." Said discussion has been related to the fact that the proposed definition in the staff report of March 19, 1992 will result in the loss of building envelope for sloping sites where retaining walls and filled surfaces were constructed prior to October 12, 1972 and in which case a higher finished grade was established on the site which was used for measuring height. It is staffs opinion that in such cases, the appropriate grade for measuring height is the higher finished grade resulting from the filled condition. As a result of this further discussion, staff has made additional changes to the previously suggested language for the definition of "Grade." The revised language is set forth in the attached excerpt of the Zoning Code identified as the April 23, 1992 Revision. 0 TO: Planning Commission - 2. Staff has also prepared an exhibit which graphically portrays the resulting building envelopes that result from a lot with a cut condition as well as one for a filled condition. Should the Planning Commission wish to recommend the approval of Amendment No. 742 to the City Council, it is suggested that the attached Resolution No. be adopted. PLANNING DEPARTMENT JAMES D. HEWICKER, Director I k ,_ 1Ward Senior 1 1 Attachments: Excerpt of the honing Code, April Z""r Revision Diagram showing building envelopes resulting from the most recent revisions to suggested definition Planning Commission staff report, dated March 19, 1992 with related attachments Resolution n � • EXCERPT OF ZONING CODE APRIL,23, 1992 REVISION HEIHHT LIMIT -a Chapter 20.02 HEIGHT LIMITS Sections: 20.02.010 Intent and Purpose. 20.02.020 Effect of Chapter. 20.02.025 Definitions. 20.02.026 Establishment of Grade. 20.02.030 Height Limitation Zones. 20.02.035 Planned Community Districts. 20.02.040 Planning Commission or City Council Review. 20.02.050 Existing Structures and Permits. 20.02.060 Chimneys and Vents. 20.02.061 Architectural Features and Solar Equipment. 20.02.062 20.02.063 Flag Poles. Parapet Walls, Elevator and Mechanical Penthouses, and Mechanical Equipment. 20.02.065 Skylights and Roof Windows. 20.02.070 Fences, Walls, and Plantings. 20.02.080 Church Exception. 20.02.090 Airport Height Limits. 20.02.010 INTENT AND PURPOSE. The intent and purpose of this Chapter is to establish regulations on the height of buildings -throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved during that time when the General Plan is being developed. This chapter creates five (5) height limitation zones which govern building height but allow design flexibility with City review. These regulations shall be reviewed and revised as necessary following the adoption of the General Plan. (Ord. 1454 § 4 (part), 1972). 20.02.020 EFFECT OF CHAPTER. All Sections of this Title shall be subject to the provisions of this Chapter. (Ord. 1454 § 4 (part), 1972). 3, • a Page 15 HEIGHT LIMITS Chapter 20.02 20.02.025 DEFINITIONS. A. HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the permitted height in the height limitation zone. B. GRADE. For the purpose of measuring height, the grade shall be natural Y� %t tit tip ....E X ��, unless one of the following applies: (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the # X WW� Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. (Ord. 90-43, January 9, 1991) I/ • Page 16 HEIGHT LIMITS Chapter 20.02 20.02.026 ESTABLISHMENT OF GRADE. In a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of Chapter 20.02 is fulfilled. The establishment of grade by the Planning Commission or by the City Council upon appeal or review of the decision of the Planning Commission, shall require the approval of a Site Plan Review which shall be obtained in accordance with Section 20.01.070. A. FINDINGS. In order to establish grade, the Planning Commission or the City Council, upon appeal or review of the decision of theYlanning Commission, shall make the following findings in addition to those required by Section 20.10.070: 1. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such. grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. 3. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. (Ord. 91-8, March 27, 1991; Ord. 90-43, January 9, 1991). S; I � �FFt Fs►vnqns AaA!ktK*C>#4lM:IK aCI6T1wIL� G l *pr— AT -r ME Cr S�k�GtJ1 o�1. (rt r4e-n rFPm MOW) Z4 FT JVic1 dPE MaAr6t� FRcx1 FiW6jAEDbg4pM Arr 71M� GF >w/sLQ*04T __�_.� �tiacl�Tllila DcFFt,11T�iY`F} ��q Grade �- }�►tte or so"'i tsta CJT LGTb� ►Z, t9TZ Wle,T*.kl 60;we- AT nmr- or 5.3Rsavt�oal v6vo cW4 -TW- fw(vD DEMMITK*4 Of-64;4M, THE FM tOIF-D 6FAM WtTF{W IFIM iftrr"Jr G =-w- r2GSTjw--> S7KLL-rdize pIx f m ACED flop-- a mfvSs a -kemT 4f Pw Lail)& Nw"Is tzr_ r 1-W vAvt[4CRCr rC ,f4u1swp (v5pzusoeD ,4,6. VZcr or CcTor— jv F97Z �L. 0 TO: FROM: SUBJECT: INITIATED BY: Application Is 0 Planning Commission Meeting March 19. 1992 Discussion Item No. 1 CITY OF NEWPORT BEACH Planning Commission Planning Department Amendment No. 753 Request to initiate an amendment to Title 20 of the Municipal Code so as to revise the definition of "Grade". The City of Newport Beach This item involves a request to initiate an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade" as provided in Section 20.02.025 of said Code. Amendment procedures are set forth in Chapter 20.84 of the Municipal Code. At its meeting of May 9, 1991, the Planning Commission upheld an appeal of Dick Dodd, architect, from the decision of staffs interpretation of the Zoning Code regarding the definition of the term "Grade" as it relates to measuring the height of a single family dwelling on property located at 701 Icings Road. The Commission's opinion in upholding the appeal was that in subdivisions where pads have been created as part of the subdivision approval process, natural grade is the pad elevation as approved by action of the Planning Commission and the City Council when approving the subdivision. For older portions of the City which were subdivided without reference to specific pad elevations, the determination of natural grade should be made by staff based on whatever information is available, such as older photographic information or topographic surveys. The action of the Planning Commission also included instruction for staff to bring back clarifying language for the Code as it relates to the definition of "Grade:' For the Planning Commission's information, staff has attached a copy of the staff report for the above mentioned appeal and an excerpt of the May 9, 1991 Planning Commission minutes which provide additional background. As requested by the Planning Commission, staff has prepared revised language to Section 20.02.025 B of the Municipal Code, which clarifies the manner in which grade shall be determined for the purpose of measuring building heights. The revised language defines the term "grade" as "the unaltered natural vertical location of the ground surface" unless one of VA 0 TO: Planning Commission - 2. two exceptions apply. Such terminology incorporates language from the Uniform Building Code so as to minimize any confusion between the Building Code and the Zoning Code. The first exception which is presented in Paragraph (1), is for sites which have approved grading plans or maps that were approved at the time of subdivision. In such cases, grade shall be finished grade as shown on the plan or map so approved. in the case of developed sites that predated the requirement for a grading plan or map, the Planning Department shall be responsible for determining the location of grade for the purpose of measuring height. The suggested language also includes the criteria that the Planning Department will use to determine grade in such cases. The criteria includes the existing on -site elevations and contours, as well as the elevations and contours of adjoining and nearby properties. The suggested language also includes a provision which precludes the use of excavated or filled grade surfaces that have been established on building sites which artificially raise or lower the natural grade of the site. Examples of such artificial grades would be basements, wine cellars, berms or raised surfaces. The second exception for determining "grade" has to do with sites located in Flood Hazard Areas within the City and is covered in Paragraph (2) of the Code Section. Staff is not suggesting any substantive changes to this paragraph. However, it has been mentioned by the Building Department, who is responsible for administering the National Flood Insurance Program for the City, that Paragraph (2) incorrectly makes reference to Flood Hazard Protection Maps. Said maps are correctly called Flood Insurance Rate Maps. Therefore, staff has included the appropriate change as indicated. Should the Planning Commission wish to consider any of the above mentioned changes, it is suggested that staff be directed to schedule a public hearing for the Planning Commission meeting of April 23, 1992. PLANNING DEPARTMENT JAMES D. HEWICKER, Director Mr1 ;�/ ► 1 i� 1 1 Ir 1 . William Ward Senior Planner Attachments: Staff report dated May 9, 1991 regarding the Appeal of Dick Dodd Excerpt of the Planning Commission minutes dated May 9,1991 Excerpt of Chapter 20.02 of the Municipal Code showing revised language. • Planning Co •sion, Meeting May 11991 Discussion Item No. 1 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT; Appeal of Dick Dodd, architect, from the decision of staff$ interpretation of the Zoning Code regarding measuring the height of a single family dwelling on property located at 701 Kings Road. Qvnsl This matter has been brought to the Planning Commission in accordance with Section 20.01.066 E. of the Municipal Code which provides that an,applicant who is aggrieved by the denial or a conditional approval of a building permit pursuant to Section 20.01.060 D hereof, may request a hearing on such matter before the Planning Commission. In this particular case, the applicant is in disagreement with staffs interpretation of the definition of the term "Grade" as it applies to the measurement of building heights. In accordance with Section 20.02.025 of the Municipal Code the term "Grade" is defined as follows: GRADE. For the purpose of measuring height, the grade shall be natural grade unless one of the following applies: (1) The Planning Commission has approved a grading plan or map, or a grading permit had been issued on or before October 12, 1972, under which circumstances grade shall be finished grade as shown on the plan or map so approved or on the plan for which the permit was issued. (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad'elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Flood Hazard Protection Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the Flood Hazard Protection Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall, be at least 6.27 Mean Sea Level .consistent with the Public Works Department standard for bulkhead elevation. S TO: Planning Commission - 2. It is staffs interpretation that in accordance with paragraph (1) of the above Code section, when "natural grade" has been altered as part of a previous development of a building site, and such alteration occurred prior to October 12,1972 (date of adoption of current height limit provisions), "grade" for the purpose of measuring building height for any new construction shall be the finished grade as shown on the previously approved grading plan or map approved by the Planning Commission or on the plan approved in conjunction with the previous development. Staff makes no distinction whetheor an approvede finished gbuilding ade of the previous development was established by an approved grading plan permit. It is the applicant's contention that in the case of his project located at 701 Kings Road, the existing finish grades of the four building pads that exist on the property, were not established in conjunction with the Planning Commission's approval of a grading plan or map, nor were they established by an approved grading permit. Therefore, building heights should be measured from the original natural grade that existed on the site prior to the original construction of the existing dwelling. Such a distinction is significant to the applicant inasmuch as the existing finish grades on the site are as much as 7t feet below the original grade of the site, which results in a building envelope that is 7 t feet lower. It should also be noted that Section 20.02.026 of the Municipal Code includes provisions which allows the Planning Commission to establish grade through the approval of a Site Plan Review when the following findings can be made: 1. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. 3. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. Staff has indicated to the applicant that the Site Platt Review procedure would be available to him for the project at 701 Kings Road. It should be further noted that staff and the applicant will have some drawings at the Planning Commission meeting which further explain the pertinent issues involved. JJ to: Planning Commission - 3. PLANNING DEPARTMENT JAMESS D�HE(WIICKER, Director Bv,f '�LJL�• ( (���L• W. W>liam Ward Senior Planner 0 0 0 COMMISSIONERS May 9,1991M1NurfE:s ROLL CALL CITY OF NEWPORT UACH 1N0Ex Discussion Item No.1 Appeal of DIck Dodd, architect, from the decision of staffs interpretation of the Zoning Code regarding measuring the height Appeal of a single family dwelling on property located at 101 Kings Itoad. upbeld planning Director Hewicker distributed to the Planning Commission copies of a document he had heht limits rtd which h contained some of the existing language regarding t g i grade as it appears in both the Zoning Code and the Building Code. Mr. Hewicker traced the language back to October 12,1972, when the City adopted new height regulations as a result of a citizens, committee that was formed to study the issue of height and bulk of buildings in the City. The committees recommendations included dividing the City into five different Height Limitation Zones with basic height limitations for each zone and a higher height limit allowed by use permit. At the same time, the definition of the terns "grade" was changed, basically, to what currently appears in the Zoning Code, and Mr. Hewicker read the language as it appears in Section 20.020,25 B. Mr. Hewicker continued that it was the desire of staff to eliminate the mention of October 12, 1972, as it refers to a way of measuring grade prior to 1972 and a way to measure grade after 1972, resulting in an ambiguity which was not the intent of the ordinance. Mr. Hewicker stated that the original intent of the regulation was to allow the roof planes of a building on a sloping lot to parallel or follow the contour of the slope beneath so to eliminate the creation of a high structure coming straight out and straight down. In this kind of design, it is possible to elevate the grade slightly so as to provide a level floor at ground level and to build a retaining wall and actually cut into the slope in the rear so as to provide either a structure with a one story elevation on the street level and a two story elevation at the rear or some kind of a split level structure in the middle. Continuing, Mr. Hewicker said that in peat years interpretation of grades on hillsides has been done In such a way that if someone once cut into the slope and then, at some future date wanted to add on to the original structure, instead of honoring the original topography of the land and measuring from the natural grade, the 1972 reference was interpreted to mean the height of the .23. *1� COMMISSIONERS ROLL CALL • • .May 9, 1991MINUTES CITY OF NEWPORT BEACH INDEX k structure must be measured from the lower level. Following that same interpretation, if the structure had been rased on the front of the lot prior to 1972, grade -must be measured from that higher elevation, and Mr. Hewicker stated that was not the intent of the regulations. Referring once again to the handout, Director Hewicker read the language from the section of the Building Code regarding Exceptions from Grading Permit Requirements, which lists, "An excavation below finished grade for basements, footings, retaining walls or other structures authorized by a valid Building Per O He said that the Planning Commission had had many discussions regarding applicants desiring to excavate for a basement, gravity furnace, etc., and he believed that these type excavations should not be interpreted as needing a grading permit for purposes of measuring height under the provisions of the Zoning Ordinance. Mr. Hewicker stated his suggested amendments to, the' Zoning Code as being: 1) eliminate reference to October 12, 1972; on undisturbed e finition of natural grade to 1 by any man-made forces; and3) add language vertical to clarify that height is not measured from excavated floor surfaces or fill that has been placed on the site which artificially raises or lowers approved grades. In the ensuing discussion between the Commissioners and Mr. Hewicker, it was agreed that in areas graded for subdivisions where pads have been created, natural grade is the pad as approved by action of the Planning Commission and City Council when approving the subdivisions. .In attempting to determine natural grade in some of the older portions of the City, staff would use whatever data might be available, such as older photographic information.or topographic surveys. If the reference to October 12, 1972 were deleted from the Zoning Code, any future need for determination of grade would be processed through a Site Plan Review procedure. Dodd, 201 Shipyard Way, addressed the Planning Commission stated" that he did agree with most of the changes amended above for the determination of grade in the Zoning however, he stated that the definition of grade is contained -24- /3 T COMMISSIONERS ROLL CALL Motion All Ayes May 9, 1991MlNuties CITY OF NEWPORY MEACW in the Grading Ordinance and not in the Uniform Building Code. He felt that the effort should be made to conform the Building Code definition with that of the, Zoning Code, Mr. Ddt staff ed and he was protesting a decision by Planing Depamthod of their interpretation of the Zoning Code regarding hismeme at `)bf measuring the height of a structure on prdpet'h' located make a odermination whetter theme sttGfla decision waIdssior not. In the ensuing discussion betweeh Mr. Dodd, Mr. Hewicker, and Commissioner Pomeroy, it was ascertained that Mr. Dodds issue of measurement would be resolved by the recommended changes to the Municipal Code outlined by staff. Motion was made to uphold the appeal of the applicant and to instruct staff to bring back clarifying language of the Zoning Ordinance as it s tb the establishment Of Fide to the Planning Commission. teMotion voted o j M011ON tARLMD. sst consider revocation proceedings on Permit No. 1852 INDEX permitte he establishment of Hassan's Cafe with on -sale beer wine on pr rty located at 3325 Newport Boulevard in the no District. The r ation proceedings are in conjunction with Re cat failure of the app t to purchase required in -lieu parking set fox hits from the City. P.R. stant City Attorney Flory inf d the Commission that she met with Mr. Hassan and disco the possible action of the ning Commission, and that Mr. had indicated a ngness to begin making payment on the t ieu parking fees in ars. Mr. Hassan was advised by Assistant Attorney Flory she would prepare an agreement for'the month yment and the Planning Commission would set the amount. S icatedd due to the construction taking place on Newport the loss of the Municipal Parking Lot, Mr. Hassan we .25. �i HEI-QHI LI1 ITiz Chapter 20.02 HEIGHT LIMITS Sections: Page 14 HEIGHT LIMITS Chapter 20.02 20.02.010 Intent and Purpose. 20.02.020 Effect of Chapter. 20.02.025 Definitions. 20.02.026 Establishment of Grade. 20.02.030 Height Limitation Zones. 20.02.035 Planned Community Districts. 20.02.040 Planning Commission or City Council Review. 20.02.050 Existing Structures and Permits. 20.02.660 Chimneys and Vents. 20.02.061 Architectural Features and Solar Equipment. 20.02.062 Flag Poles. 20.02.063 Parapet Walls, Elevator and Mechanical Penthouses, and Mechanical Equipment. 20.02.065 Skylights and Roof Windows. 20.02.070 Fences, Walls, and Plantings. 20.02.080 Church Exception. 20.02.090 Airport Height Limits. 20.02.010 INTENT AND PURPOSE. The intent and purpose of this Chapter is to establish regulations on the height of buildings throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved during that time when the General Plan is being developed. This chapter creates five (5) height limitation zones which govern. building height but allow design flexibility with City review. These regulations shall be reviewed and revised as necessary following the adoption of the General Plan. (Ord. 1454 § 4 (part), 1972). ' 20.02.020 EFFECT OF CHAPTER. All Sections of this Title shall be subject to the provisions of this Chapter. (Ord. 1454 § 4 (part), 1972). 20.02.025 DEFINITIONS. A. HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the,permitted height in the height.limitation zone. 0 • Page 15 HEIGHT LIMITS Chapter 20.02 B. GRADE. For the purpose of measuring height, the grade shall be `,: s„ ,', natural " p'yyyy��. .. WY���t�yyC'.p�, glade unless one of the following applies: (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Flood Hftafd Pr on Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the 0 e>t Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. (Ord. 90-43, January 9, 1991) 20.02.026 ESTABLISHMENT OF GRADE. In a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of Chapter 20.02 is fulfilled. The establishment of grade by the Planning Commission or by the City Council upon appeal or review of the decision of the Planning Commission, shall require the approval of a Site Plan Review which shall be obtained in accordance with Section 20.01.070. A. FINDINGS. In order to establish grade, the Planning Commission or the City Council, upon appeal or review of the decision of the Planning Commission, shall make the following findings in addition to those required by Section 20.10.070: i6 / ••f.r Page 16 HEIGHT LIMITS Chapter 20.02 1. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. 3. That the .existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. (Ord. 91-8, March 27, 1991; Ord. 90-43, January 9, 1991). s+1v 0 RESOLUTION NO. - 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO TIM CITY COUNCIL THE APPROVAL OF AMENDMENT NO, 753 AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO REVISE THE DEFINITION OF THE TERM "GRADE" WHEREAS, Title 20 of the Newport Beach Municipal Code includes provisions for regulating the height of buildings throughout the City; and WHEREAS, Sectioa20.02,025 of the Municipal Cade includes a definition of the term "Grade" which is used for the purpose of treasuring height; and WHEREAS, the Planning Commission has determined that the existing definition of the term "Grade" is unclear and unworkable and that such definition should be amended; and WHEREAS, at its meeting of March 19, 1992, the Planning Commission directed staff to schedule a public hearing to consider Amendment No. 753; and WHEREAS, the public was duly noticed of the public heating; and WHEREAS, on April 23, 1992, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 753. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport peach does hereby recommend that the City Council of the City of Newport Beach approve Amendment No. 753 to the Newport Beach Municipal Code so as to revise the definition of the term "Grade" as set forth In the April 23, 1992, Planning Commission staff report. ADOPTED this 23rd day of Awl 199Z, by the following vote, to wit: AYES NOES ABSENT BY Gary DI Sano Chairman BY Norma Glover Secretary is I* 24Ft i=z�lJAr� K►�Asrlf�t�} vxt-ernw&esIZAPf AT TIMe-OF �li(?iLlJl�ot i• Cf1vfo�eo Deti mbN) 2,'4 FT ENII-51L MrAs�� R t=tu1 �! 1bR�t1 AT � C�2CISilt-ICE b�l�tntx�) �aasi�n Grade, a�- �ix1e of 9Sn�lv�s�a Iz r5TAj t-t*W:o A's. f?NKr ef=iJfWWL-optABEf�.gr--TtFa= GL^TOt3�. 12,1 �72 XISTIt W 694P)F-- AT Timm yr SJr-plq -4DQ �6�4D1, TtFE Flb.!!�D C�z#�E WtTt•ltN -n4m ffZ:rMWT D= 7iE JT2QSTjK& G-MLj,-TLRE dSEv�Z?NEMEAsdtZF-Mr-44T 0 *NI41%FV 6F� F-CTA>usoeD ,&s fAFT oP DEvEt_optAeNr OLTorg�112 vW9- �'L Planning Commission Meeting March 19, 1992 TO: FROM: SUBJECT: INITIATED BY: Application Discussion Item No. 1 CITY OF NEWPORT BEACH Planning Commission Planning Department Amendment No. 753 Request to initiate an amendment to Title 20 of the Municipal Code so as to revise the definition of "Grade". The City of Newport Beach This item involves a request to initiate an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade" as provided in Section 20.02.025 of said Code. Amendment procedures are set forth in Chapter 20.84 of the Municipal Code. At its meeting of May 9, 1991, the Planning Commission upheld an appeal of Dick Dodd, architect, from the decision of staffs interpretation of the Zoning Code regarding the definition of the term "Grade" as it relates to measuring the height of a single family dwelling on property located at 701 Kings Road. The Commission's opinion in upholding the appeal was that in subdivisions where pads have been created as part of the subdivision approval process, natural grade is the pad elevation as approved by action of the Planning Commission and the City Council when approving the subdivision. For older portions of the City which were subdivided without reference to specific pad elevations, the determination of natural grade should be made by staff based on whatever information is available, such as older photographic information or topographic surveys. The action of the Planning Commission also included instruction for staff to bring back clarifying language for the Code as it relates to the definition of "Grade." For the Planning Commission's information, staff has attached a copy of the staff report for the above mentioned appeal and an excerpt of the May 9, 1991 Planning Commission minutes which provide additional background. Analysis As requested by the Planning Commission, staff has prepared revised language to Section 20.02.025 B of the Municipal Code, which clarifies the,manner in which grade shall be determined for the purpose of measuring building heights.; The revised language defines the term "grade" as "the unaltered natural vertical location of Ithe ground surface" unless one of 10 TO: Plann� Commission - 2. two exceptions apply. Such terminology incorporates language from the Uniform Building Code so as to minimize any confusion between the Building Code and the Zoning Code. The first exception which is presented in Paragraph (1), is for sites which have approved grading plans or maps that were approved at the time of subdivision. In such cases, grade shall be finished grade as shown, on the plan or map so approved. In the case of developed sites that predated the requirement for a grading plan or map, the Planning Department shall be responsible for determining the location of grade for the purpose of measuring height. The suggested language also includes the criteria that the Planning Department will use to determine grade in such cases. The criteria includes the existing on -site elevations and contours, as well as the elevations and contours of adjoining and nearby properties. The suggested language also includes a provision which precludes the use of excavated or filled grade surfaces that have been established on building sites which artificially raise or lower the natural grade of the site. Examples of such artificial grades would be basements, wine cellars, berms or raised surfaces. The second exception for determining "grade" has to do with sites located in Flood Hazard Areas within the City and is covered in Paragraph (2) of the Code Section. Staff is not suggesting any substantive changes to this paragraph. However, it has been mentioned by the Building Department, who is responsible for administering the National Flood Insurance Program for the City, that Paragraph (2) incorrectly makes reference to Flood Hazard Protection Maps. Said maps are correctly called Flood Insurance Rate Maps. Therefore, staff has included the appropriate change as indicated. Su c�Action Should the Planning Commission wish to consider any of the above mentioned changes, it is suggested that staff be directed to schedule a public hearing for the Planning Commission meeting of April 23, 1992. PLANNING DEPARTMENT JAME,, S D. HEWICKERJDirector ,4A / A n -. c ^ii ., W. William Ward Senior Planner Attachments: Staff report dated May 9, 1991 regarding the Appeal of Dick Dodd Excerpt of the Planning Commission minutes dated May 9,1991 Excerpt of Chapter 20.02 of the Municipal Code showing revised language. Planning Commission Meeting, May 9. 1991 Discussion Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Appeal of Dick Dodd, architect, from the decision of staffs interpretation of the Zoning Code regarding measuring the height of a single family dwelling on property located at 701 Kings Road. C. 4 This matter has been brought to the Planning Commission in accordance with Section 20.01.060 E. of the Municipal Code which provides that an applicant who is aggrieved by the denial or a conditional approval of a building permit pursuant to Section 20.01.060 D hereof, may request a hearing on such matter before the Planning Commission. In this particular case, the applicant is in disagreement with staffs interpretation of the definition of the term "Grade" as it applies to the measurement of building heights. In accordance with Section 20.02.025 of the Municipal Code the term "Grade" is defined as follows: GRADE. For the purpose of measuring height, the grade shall be natural grade unless one of the following applies: (1) The Planning Commission has approved a grading plan or map, or a grading permit had been issued on or before October 12, 1972, under which circumstances grade shall be finished grade as shown on the plan or map so approved or on the plan for which the permit was issued. (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Flood Hazard Protection Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the Flood Hazard Protection Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. TO: Pla • Commission - 2. It is staffs interpretation that in accordance with paragraph (1) of the above Code section, when "natural grade" has been altered as part of a previous development of a building site, and such alteration occurred prior to October 12, 1972 (date of adoption of current height limit provisions), "grade" for the purpose of measuring building height for any new construction shall be the finished grade as shown on the previously approved grading plan or map approved by the Planning Commission or on the plan approved in conjunction with the previous development, Staff makes no distinction whether the finished grade of the previous development was established by an approved grading plan or an approved building permit. It is the applicant's contention that in the case of his project located at 701 Kings Road, the existing finish grades of the four building pads that exist on the property, were not established in conjunction with the Planning Commission's approval of a grading plan or map, nor were they established by an approved grading permit. Therefore, building heights should be measured from the original natural grade that existed on the site prior to the original construction of the existing dwelling. Such a distinction is significant to the applicant inasmuch as the existing finish grades on the site are as much as 7t feet below the original grade of the site, which results in a building envelope that is 7± feet lower. It should also be noted that Section 20.02.026 of the Municipal Code includes provisions which allows the Planning Commission to establish grade through the approval of a Site Plan Review when the following findings can be made: 1. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. 3. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. Staff has indicated to the applicant that the Site Plan Review procedure would be available to him for the project at 701 Kings Road. It should be further noted that staff and the applicant will have some drawings at the Planning Commission meeting which further explain the pertinent issues involved. TO: Planning Commission - 3. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. William Ward Senior Planner 5 COMMISSIONERS May 9, 1991MiNUTES ; ROLL CALL W CITY OF NEWPORT KAOM INDEX Discussion items: Discussion Item No.1 Appeal of Dick Dodd, architect, from the decision of staffs interpretation of the Zoning Code regarding measuring the height Appeal of a single family dwelling on property located at 701 K1ngs Road. j!p ela Planning Director Hewicker distributed to the Planning Commission copies of a document he had prepared which contained some of the existing language regarding height limits and grade as it appears in both the Zoning Code and the Building Code. Mr. Hewicker traced the language back to October 12% 19779 when the City adopted new height regulations as a result of a citizens' committee that was formed to study the issue of height and bulk of buildings in the City. The committee's recommendations included dividing the City into five different Height limitation Zones with basic height limitations for each zone and a higher height limit allowed by use permit. At the same time, the definition of the term "grade" was changed, basically, to what currently appears in the Zoning Code, and Mr. Hewicker read the language as it appears in Section 20.020,25 B. Mr. Hewicker continued that it was the desire of staff to eliminate the mention of October 12,1972, as it refers to a way of measuring grade prior to 1972 and a way to measure grade after 1972, resulting in an ambiguity which was not the intent of the ordinance. Mr. Hewicker stated that the original intent of the regulation was to allow the roof planes of a building on a sloping lot to parallel or follow the contour of the slope beneath so to eliminate the creation of a high structure coming straight out and straight down. In this kind of design, it is possible to elevate the grade slightly so as to provide a level floor at ground level and to build a retaining wall and actually cut into the slope in the rear so as to provide either a structure with a one story elevation on the street level and a two story elevation at the rear or some kind of a split level structure in the middle. Continuing, Mr. Hewicker said that in past years interpretation of grades on hillsides has been done in such a way that if someone once cut into the slope and then, at some future date wanted to add on to the original structure, instead of honoring the original topography of the land and measuring from the natural Grade, the 1972 reference was interpreted to mean the height of the May %,1991MINUTES COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH structure must be measured from the lower level. Following that same interpretation, if the structure had been raised on the front of the lot prior to 1972, grade must be measured from that higher elevation, and Mr. Hewicker stated that was not the intent of the regulations. Referring once again to the handout, Director Hewicker read the language from the section of the Building Code regarding Exceptions from Grading Permit Requirements, which lists, "An excavation below finished grade for basements, footings, retaining walls or other structures authorized by a valid Building Permit." He said that the Planning Commission had had.many discussions regarding applicants desiring to excavate for a basement, gravity furnace, etc., and he believed that these type excavations should not be interpreted as needing a grading permit for purposes of measuring height under the provisions of the Zoning Ordinance. Mr. Hewicker stated his suggested amendments to the Zoning. Code as being: 1) eliminate reference to October 12, 1972; 2) clarify definition of natural grade to include vertical location undisturbed by any man-made forces; and 3) add language to clarify that height is not measured from excavated floor surfaces or fill that has been placed on the site which artificially raises or lowers approved grades. In the ensuing discussion between the Commissioners and Mr. Hewicker, it was agreed that in areas graded for subdivisions where pads have been created, natural grade is the pad as approved by action of the Planning Commission and City Council when approving the subdivisions. In attempting to determine natural grade in some of the older portions of the City, staff would use whatever data might be available, such as older photographic information or topographic surveys. If the reference to October 12, 1972 were deleted from ithe Zoning Code, any future need for determination of grade Nyould be processed through a Site Plan Review procedure. Dodd, 201 Shipyard Way, addressed the Planning Commission stated that he did agree with most of the changes emended above for the determination of grade in the Zoning q however, he stated that the definition of grade is contained -24- INDEX 7 COMMISSIONERS May 9, 1991MINUTES ROLL CALL Motion All Ayes CITY OF NEWPORT BEACH Mll)EX in. the Grading Ordinance and not in the Uniform Building Code. He felt that the effort should be made to conform the Building Code definition with that of the Zoning Code. Mr. Dodd stated that he was protesting a decision by Planning Department staff and their interpretation of the Zoning Code regarding hisea method 10 measuring the height of a structure on property l Kings Road, and he was requesting that the Planning Commission make a determination whether the staffs decision was correct or not. In the ensuing discussion between Mr. Dodd, Mr. Hewicker, and Commissioner Pomeroy, it was ascertained that Mr. Dodd's issue of measurement would be resolved by the recommended changes to the Municipal Code outlined by staff. Motion was made to uphold the appeal of the applicant and to instruct stuff to bring back clarifying language of the Zoning Ordinance lan ina Commission, motes tion voted on, MOTION the establishment of gCade to ARRIED.e Discussion Item No.2 Request consider revocation proceedings on Permit No. 1852 UP1852 that permitte he establishment of Hassaris Cafe with on -sale beer and wine on pr rry located at 3325 Newport Boulevard in the No C•1 District. The r tiort proceedings are in conjunction with 1 evocat the failure of the app at to purchase required in -lieu parking set for nermits from the City. P.N. stant City Attorney Flory info ed the Commission that she met with Mt. Hassan and discus the possible action of the using Commission, and that Mr, an had indicated a ngness to begin making payment on the i ieu parking fees in ars. Mr. Hassan was advised by Assistant t Attorney Flory she would prepare an agreement for the month yment and the Planning Commission would set the amount. Sh dicated due to the construction taking place on Newport Yard the loss of the Municipal Parking Lot, Mr. Hassan wane -25- 1 HEI,QHT LIMITS Chapter 20.02 HEIGHT LIMITS Sections: • Page 14 HEIGHT LIMITS Chapter 20.02 20.02.010 Intent and Purpose. 20.02.020 Effect of Chapter. 20.02.025 Definitions. 20.02.026 Establishment of Grade. 20.02.030 Height Limitation Zones. 20.02.035 Planned Community Districts. 20.02.040 Planning Commission or City Council Review. 20.02.050 Existing Structures and Permits. 20.02.060 Chimneys and Vents. 20.02.061 Architectural Features and Solar Equipment. 20.02.062 Flag Poles. 20.02.063 Parapet Walls, Elevator and Mechanical Penthouses, and Mechanical Equipment. 20.02.065 Skylights and Roof Windows. 20.02.070 Fences, Walls, and Plantings. 20.02.080 Church Exception. 20.02.090 Airport Height Limits. 20.02.010 INTENT AND PURPOSE. The intent and purpose of this Chapter is to establish regulations on the height of buildings throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved during that time when the General Plan is being developed. This chapter creates five (5) height limitation zones which govern building height but allow design flexibility with City review. These regulations shall be reviewed and revised as necessary following the adoption of the General Plan. (Ord. 1454 § 4 (part), 1972). 20.02.020 EFFECT OF CHAPTER. All Sections of this Title shall be subject to the provisions of this Chapter. (Ord. 1454 § 4 .(part), 1972). 20.02.025 DEFINITIONS. A. HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the permitted -height in the height limitation .zone. YA . Page 15 HEIGHT LIMITS Chapter 20.02 B. GRADE. For the purpose of measuring height, the grade shall be #t1 natural vtlrai Idcatiot Qi the rounduTfB�c grade unless one of the following applies: (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by the o"surxitt Rdtc Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the F' d'—�—Prateetio Floc r trisuxWtci Date: Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. (Ord. 90-43, January 9, 1991) 20.02.026 ESTABLISHMENT OF GRADE. In a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of Chapter 20.02 is fulfilled. The establishment of grade by the Planning Commission or by the City Council upon appeal or review of the decision of the Planning Commission, shall require the approval of a Site Plan Review which shall be obtained in accordance with Section 20.01.070. A. FINDINGS. In order to establish grade, the Planning Commission or the City Council, upon appeal or review of the decision of the Planning Commission, shall make the following findings in addition to those required by Section 20.10.070: 16 Page 16 HEIGHT LIMITS Ch4pter 20.02 1. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. 3. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. (Ord. 91-8, March 27, 1991; Ord. 90-43, January 9, 1991). C 0 City Council Ming. May 26. 1992 TO: FROM: SUBJECT: INITIATED BY: Apnlic, ation Agenda Item No. CITY OF NEWPORT BEACH Mayor and Members of the City Council Planning Department�4 Amendment No 753 Request to consider an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade." The City of'Newport Beach This item involves a request to consider an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade." Amendment procedures are set forth in Chapter 20.84 of the Municipal Code. Suggested Action Hold hearing; close hearing; if desired, adopt Ordinance No. 92-22, so as to revise the definition of the term "Grade". Planning Commission Recommendation At its meeting of April 23, 1992, the Planning Commission voted unanimously to recommend the approval of Amendment No. 753 to the City Council. At its meeting of May 9, 1991, the Planning Commission upheld an appeal of Dick Dodd, architect, from the decision of staffs interpretation of the Zoning Code regarding the definition of the term "Grade" as it relates to measuring the height of a single family dwelling on property located at 701 Kings Road. The Commission's opinion in upholding the appeal was that in subdivisions where pads have been created as part of the subdivision approval process, natural grade is the pad elevation as approved by action of the Planning Commission and the City Council when approving the subdivision. For older portions of the City which were subdivided without reference to specific pad elevations, the determination of natural grade should be made by staff based on whatever information is available, such as older photographic information or topographic surveys. The action of the Planning Commission also included instruction for staff to bring back clarifying language for the Code as it relates to the definition of "Grade." f TO: City Coun& 2 EroWoendment The refined language defines the term "Grade" as "the unaltered natural vertical location of the ground surface" unless two exceptions apply. Such terminology incorporates language from the Uniform Building Code so as to minimize any confusion between the Building Code and the Zoning Code. The first exception is for sites which have approved grading plans or maps that were approved at the time of subdivision. In such cases, grade shall be finished grade as shown on the plan or map so approved. In the case of developed sites that predated the requirement for a grading plan.or map, the Planning Department shall be responsible for determining the location of grade for the purpose of measuring height. The suggested language also includes the criteria that the Planning Department will use to -determine grade in such cases. The criteria includes, the existing on -site elevations and contours, as well as the elevations and contours of adjoining and nearby properties. The suggested language also includes a provision which precludes the use of excavated grade surfaces that have been established on building sites which artificially lower the natural grade of the site. Examples of such artificial grades would be basements or wine cellars. The proposed amendment also provides that in cases where retaining walls have been constructed or filled surfaces have been used for the purpose of measuring height prior to October 12, 1972, the finished grade established in conjunction with the filled condition will be used for the measurement of height. The second exception for determining "grade" has to do with sites located in Flood Hazard Areas within the City. The proposed amendment does not contain any substantial changes to the existing Code. However, it has been mentioned by the Building Department, who is responsible for administering the National Flood Insurance Program for the City, that the existing Code incorrectly makes reference to Flood Hazard Protection Maps. Said maps are correctly called Flood Insurance Rate Maps and so the Code has been revised accordingly. Copies of the Planning Commission staff report and an excerpt of the Planning Commission minutes are attached for the City Council's information. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director WILLIAM R. 1AYCqCK Current Planning Manager TO: City Coune 3 Attachments for City Council Only: Planning Commission Staff Report, dated April 23, 1992 with attachments (including diagrams of proposed revisions) Excerpts of Planning Commission Minutes, dated April 23, 1992 and March 19, 1992 Proposed Ordinance 0 • TO: FROM: SUBJECT: INITIATED BY: ADDh,� icatioil planning Commission Meeting ,April 23, 1 Item No. 7 CITY OF NEWPORT BEACH Planning Commission Planning Department Amendment No 753 (Public Hearing) Request to consider an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade." The City of Newport Beach This item involves a request to consider an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade." Amendment procedures are set forth in Chapter 20.84 of the Municipal Code. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). Background At its meeting of March 19, 1992, the Planning Commission directed staff to schedule a public hearing to consider Amendment No. 753 at its meeting of April 23, 1992. As part of the consideration of this item at the March 19, 1992 Planning Commission meeting, staff prepared a report which provided extended background concerning the necessity of the proposed changes to the definition of the term "Grade." Staff has attached a copy of that staff report with related attachments for the Planning Commission's information. Since the preparation of the March 19, 1992 staff report, staff has had further discussions concerning the proposed changes to the definition of "Grade." Said discussion has been related to the fact that the proposed definition in the staff report of March 19, 1992 will result in the loss of building envelope for sloping sites where retaining walls and filled surfaces were constructed prior to October 12, 1972 and in which case a higher finished Y. TO: Planning Commission - 2. grade was established on the site which was used for measuring height. It is staffs opinion that in such cases, the appropriate grade for measuring height is the higher finished grade resulting from the filled condition. As a result of this further discussion, staff has made additional changes to the previously suggested language for the definition of "Grade." The revised language is set forth in the attached excerpt of the Zoning Code identified as the April 23, 1992 Revision. Staff has also prepared an exhibit which graphically portrays the resulting building envelopes that result from a lot with a cut condition as well as one for a filled condition. Should the Planning Commission wish to recommend the approval of Amendment No. 742 to the City Council, it is suggested that the attached Resolution No. be adopted. PLANNING DEPARTMENT JAMES D. HEWICKER, Director B ,�� W. W aAWW d Senior Planner Attachments: Excerpt of the Zoning Code, April 23,1992 Revision Diagram showing building envelopes resulting from the most recent revisions to suggested definition Planning Commission staff report, dated March 19, 1992 with related attachments Resolution S, EXCERPT OF ZONING CADS APRIL 23, 1992 REVISION HE'IQHT LIMITS Chapter 20.02 HEIGHT LIMITS Sections: 20.02.010 Intent and 20.02.020 Effect of Chapter. 20.02.025 Definitions. 20.02.026 Establishment of Grade. 20.02.030 Height Limitation Zones. 20.02.035 Planned Community Districts. 20.02.040 Planning commission or City council. Review. 20.02.050 Existing Structures and Permits. 20.02.060 Chimneys and Vents. Architectural Features and Solar Equipment. 20.02.061 20.02.062 - 20.02.063 Flag Poles. Parapet Walls, Elevator and Mechanical Penthouses, and Mechanical Equipment. 20.02.065 Skylights and Roof Windows. 20.02.070 Fences, Walls, and Plantings., 20.02.080 Church Exception. 20.02.090 Airport Height Limits: 20.02.010 INTENT AND PURPOSE. The intent and purpose of this Chapter is to establish regulations on the height of buildings throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved during that time when the General Plan is being developed. This chapter creates five (5) height limitation zones wbi&govera building height but allow design flexibility with City review. These regulations shall be reviewed and revised as necessary following the adoption of the General Plan. (Ord. 1454 § 4 (part), 1972). 20.02.020 EFFECT OF CHAPTER. All Sections 1972). of this Title shall be subject to the provisions of this. Chapter. (Ord. 1454 § 4 (part), 6- . Page i� HEIGHT LIMITS Chapter 20.02 20.02.025 DEFINITIONS. A. HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the permitted height in the height limitation zone. B. GRADE. For the purpose of measuring height, the grade shall be , ' .b `' grade unless one of the following natural > . ,:f:- .<.... .. applies: (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Reed u"-""' WE teetie�. Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the F4eed jjwwd Weteetie Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. (Ord. 90-43, January 9, 1991) 7: Page 16 HEIGHT LIMITS Chapter 20.02 20.02.026 ESTABLISHMENT OF GRADE. In a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent, or purpose Chapter 20.02 is fulfilled. The establishment of grade by the Planning Commission or by the City Council upon appeal or review of the decision of the Planning Commission, shall require the approval of a Site Plan Review'which shall be obtained in accordance with Section 20.01.070. A. FINDINGS. In order to establish grade, the Planning Commission or the ,City Council, upon appeal or review of the decision of the Planning Commission,'shall make the following findings in addition to those required by Section 20.10.070: 1, That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such. grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental, or injurious to property and improvements in the neighborhood or the general welfare of the City. 2, That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. 3. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 1 4, That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. (Ord. 91-8, March 27, 1991; Ord. 90-43, January 9, 1991). 1, I I �41=F �, tJ, MSdtt•t �,c14T1h1C� (s1zAT7�- AT TIME OF x{�RJ1�o�.1- (PI�fbSE� I;E�tN Ina) ?A Ft• F,rIJEIt.� biTA5J1cF-a ` ���Gt� Fi+d15NE�6R� AT �SFw,9 �►�de � }irate a Su�ty �s�a rim isfto \LR L r_S-fAML I*4*P AS f."tf /,Vr-DPIe"m ec{b6w. W-. ,v79 W)e,T*k-- AwDe AT TIMI< cr -elifSpIVIbIDFI ,15A.s=o ca.1 mva. fjrOr6mo DMwiTIO4 or-&KAvM, THE H►JIrWD G-F0Dm WIT141" 4m 'fzzrM .rr DF -PE -SST Wv SnZtL^TL1RE ptq M dsEp f W_-WF_ MM1=AQFCEME?4T Df ig1JJLMM& NeJ&Wi S rrp- Fl3T r Planning Commissiteeting March 19. = Discussion Item No. 1- CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department Request to initiate an amendment to Title 20 of the Municipal. Code so as to revise the definition of "Grade". INMATED By: The City of Newport Beach This item involves a request to initiate an amendment to Title 20 of the Municipal Code so as to revise Amendment pdefinition of the term "Grade f said Code. procedures are et forth inChapt Chapter 20.84 of the Municipal Code. Dadwmd -At its meeting of May 99 1991, the Planning Commission upheld an appealof Dodd, architect, from the decision of staffs interpretation of the Zoning e regarding* definition of the term "Grade" as it relates to measuring the height of a single family dwelling on property located at 701 Kings Road. The Commission's opinion in upholding the appeal was that in subdivisions where pads have been created as part of the subdivision approval process, natural grade is the pad elevation as approved by action of the Planning. Commission and the City Council when approving the subdivision. For older portions of the City which were subdivided without reference to specific pad elevations, the determination of natural grade should be made by staff based on as ver informso action iothe is available, such as older photographic information or topographic surveys. Planning Commission also included instruction for staff to bring back clari4ft language o os the Code as it relates to the definition of "Grade." For the Planning information, staff has attached a copy of the staff report for the above mentioned appeal and an excerpt of the May 9, 1991 Planning Commission minutes which provide additional background. Anabisis As requested by the Planning Commission, staff has prepared revised language to Section 20.02.025 B of the Municipal Code, which clarifies the manner in which grade shall be determined for the purpose of measuring building heights. The revised language defines the term "grade" as "the unaltered natural vertical location of the ground,surface" unless one of /OJ TO: Plamung Commission - 2. • two exceptions apply. Such terminology incorporates language from the Uniform Building Code so as to minimize any confusion betweenithe Building'Code and the Zoning Code. The first exception which is presented in Paragraph (1), is for sites which have approved grading plans or, maps that were approved at the times of subdivision. vthe sca such d s, grade shall be finished grade as shown on the plan or map pp oped sites that predated the requirement for a grading plan or map, the Piammng Department shall be responsible for determining the location of grade -for the purpose of measuring height. The suggested language also includes the criteria that the Planning Department will use to determine grade in such cases. 'The criteria includes the existing on -site elevations and contours, as well as the elevations and contours of adjoining and nearby properties. The suggested language also includes a provision which precludes the use of excavatise or filled grade surfaces that have been established on building sites which artificially raise lower the natural grade of the site. Examples of such artificial grades would be basements, wine cellars, berms or raised surfaces. The second exception for determining "grade" has to do with sites located in Flood Hazard Areas within the City and is covered in Paragraph (2) of the Code .Section Staff is not suggesting any substantive changes to this paragraph. However; it has been mentioned by the Building Department, who is responsible for administering the National Flood Insurance Program for the City, that Paragraph (2) incorrectly makes, reference to Flood Hazard Protection Maps. Said maps are correctly called Flood. Insurance. Rate Maps: Therefore, staff has included the appropriate change as indicated. ' Suagasted Action , . Should the Planning Commission wish to consider any'of the above -mentioned changes, it is suggested that staff be directed to schedule a public hearing for the Planning Commission meeting of April 23, 1992. PLANNING DEPARTMENT JAMES D. HFwICKER, Director Wfp� Q S1kb�- • w. am wars Senior Planner Attachments: Staff report dated May 9, 1991 regarding the Appeal of Dick Dodd Excerpt of the Planning;Commissionminutes dated May-9,1991 Excerpt of Chapter 20.02 of the Municipal Code- showing' revised language.' 11, Planning Coon Meeting Xw Discussion Item No. 1 . . CITY OF •NEWPORT •BEACH TO: Planning Commission FROM: Planning Department i SUBJECT: Appeal of Dick Dodd, architect, from the decision'of •staff$ i. interpretation of the Zoning Code regarding measuring the"height of a single family dwelling on property, located at 701 Kings Road. Bad This matter has been brought to the Planning Commission in accordance with Section 20.01.060 E. of the Municipal Code which provides that an applicant who' is aggri by the denial or a conditional approval of a building permit pursuant to Section 20.01.060 D hereof, may request a hearing on such matter before the Planning Commission. In this particular case, the applicant is in disagreement with staffs interpretation of the definition of the term "Grade" as it applies to the measurement of building heights. In accordance with Section 20.02.025 of the Municipal Code the term "Grade" is,defined as follows: GRADE. For the purpose of measuring height, the grade shall be natural grade unless one of the following applies: (1) The Planning Commission has approved a grading plan or map, or a grading. permit had been issued on or before October 12, 1972, under which circumstances grade shall be finished grade as shown on the plan or map so approved or on the plan for which the permit was issued- (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures; on a parcel of land within the Flood- Hazard Area, shall be measured from the site's required pad'elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Flood Hazard Protection Maps recognized by the Building Department as- part of flood safety requirements and maps adopted by City Council. Notwithstanding the ' building pad elevations established by the Flood Hazard Protection Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. TO: PlaJg Commission - 2. It is staffs interpretation that in accordance with paragraph (1),of the above Code section, when "natural grade" has been altered, as, part •of a previous development of a building site, and such alteration occurred prior to October 12,1972 (dateofadoptionheightc r enany ngt limit provisions), "grade" for the purpose of measuring construction shall be the finished grade as shown on the pre iouapproved grading plan approved in conjunction WO or map approved by the Planning Commissionor on the p e PP of the the previous development. Staff makes no distinction whether the n he ee g previous development was established by an approvecl,grading.Plan •or an aPP• permit. It is the applicant's contention that in the case of his project located at 701 Kings Road, the existing finish grades of the four building pads that exist on the property, were not established in conjunction with the Planning COmmissiOII'S approval of a grading plan or map, nor were they established by an approved grading permit. Therefore, buil4ing•h'eigbts to the should be measured from the original natural grade that at��� a the h siggtnifi*t to the original construction of the existing dwelling. applicant inasmuch as the existing finish grades on the site are as.much as 7t feet below the original grade of the site, which results in a building envelope that is 7± feet lower. It should also he noted that Section commission to establish gradof the e through the app cipal Code rovdl of a�S e which allows the Planning can be made: Plan Review when the following findings 1. That the proposed grade being requested by the applicant s reasonable at the comparable with the grades of surroundingpr p establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing of working in, the neighborhood or be detrimental orinjurious; to property and improvements in the neighborhood or the general welfare of the City. 2. That the proposed grade and related development will not result ere loss ose of any public views and shall be consistent with the existing neighborhood in -which the project is located. 3. That the existing grade on the subject property} is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed,grade being requested by,the applicant is necessary for the• preservation and enjoyment of substantial property •rights. of the applicant. Staff has indicated to the applicant that the Site Plan -Review procedtuewould be available to him for the project at 701 Kings Road. It should be further noted that staff and the applicant will have some drAwings at the Planning Commission meeting which further,explain the pertinent issues involved. 1$ 9 TO: Planing Commission - 3. PLANNING DEPARTMENT JAMES D. HEWICKER, Director i Senior Planner n A l�; COMMISSIONERS • MNUTES . May 9,1991 :I ROLL CALL CITY OF I.W.FORT PRACH INDEX DhBCus� thc,;��ion Item item tia Appeal of Dick Dodd, architect, from the decision the ht fight interpretation of the Zoning Code regarding measuring d at 7d Kings Ii oad. APheela of a single family dwelling on property u�--- Planning Director Hewicker distributed 'to the planning Commission copies of a domwnt 'he' had propat ed which contained some of the existing language regarding height limits and grade as it appears in both the Zonin b�to andOctthe 1�972, Code. Mr. Hewicker traced the tap�,uading g &c _ when -the City adopted new height regulations as a result of a citizens' committee that was formed to study the issue of height and bulk of buildings in the City. 'Ibe committee's recommendations included dividing the City into' five different Height limitation Zones with basic height l� for eacht1� ndsame ta high her height limitallowed by ed:Basically, to' what definition of the term "grade" was chang , currently appears in the Zoning Code, and Mr. Hewicker read the language as it appears in Section 20.020.25 B. Mr- Hewicker continued that it was the desire of staff to eliminate the amen ion of October 12,1972, as it refers to a way oef measuring 72grade l �g , an ior to 1972 and a way to measure grade ambiguity which was not the intent of the ordinance. Mr. Hewicker stated that the original n a Sloping intent f blot tregulation paarallel o to allow the roof planes of a building ping follow the contour of the slope beneath so to eliminate the creation of a high structure coming straight out and straight down. In this kind of design, it is possible to elevate the grade slightly so as to provide a level floor at ground level and to build a retaining wall and actually cut into the slope in. the rear so as to provide 'dither a structure with a one story elevation• on the street level and. a two story elevation at the rw or some kind of a split level structure in the middle. Continuing, Mr. Howicker said that in past years interpretation of grades on hillsides has been done in sneii' away that if someone once cut into- the Slope and. then, at some future date wanted to add on to the, original structure, instead of hiinriring the original -topography of the land and measuring from the ndettrraI grade. the 1972 reference was interpreted'to mean the height of -the -23- 1� MINUTES .;..May 9rr�99h' COMMISSIONERS I ROLL CITY OF .NEWPORT BEACH tincture must be measured from the lower level. F011 frontn the ame interpretation, if the sttrum t be measured bad been a frO that higher of the lot prior to 197% grade slevation, and Mr. Hewicker stated that was not the intent of the• ,egulations. [referring once again to the handout, Director Hewicker read the langua8e from the section of the Building Code regarding Exceptions from Grading Permit Requirements, which lists, "An excavation below finished grade for basements, rBuilding etaining walls or other structures authorized ob haul had many �o� He said that the Planning Cot excavate h for a basement, gravity regarding applicants desiring excavations should not furnace, etc., and he believed that these type permit for purposes of be interpreted as needing a g�du►g Pe Ordinance. measuring height under the provisions of the Zoning Mr. Hewicker stated his suggested amendments to the Zoning Codeas being . 1) eliminate reference to October 1% 2) clarify definition of natural grade to include' �a Ia�nglocation uage to undisturbed by any man-made forces; and 3)01 clarify that height is not measured from excavated floor or fill that has been placed on the site which artificially raises lowers approved grades. . , In the ensuing discussion between the Commissioners and Mr. re Hewicker, it was agreed that in areas graded for subdivisionwhe pads have been created, natural grade is the pad as approved by action of the Planning Commission and City Council when approving the subdivisions' In attempting to determine natural grade in some of the older portions of the City, staff would use whatever data might be available, such as older photographic information or topographic surveys. If the'reference W need f12r, 1972 were deleted from the Zoning a� a, Site Plan determination of grade would be p Review procedure. Dick Dodd, 201 Shipyard Way, addressed the Planning Commission and stated that he did agree with most of the changes e � � Zonit� recommended above for the determination of grad contained Code. however, he stated that the definition of grade is, -24- INDEX A.. COMMISSIONERS ROLL CALL Motion All Ayes • ' 9,,1�91MINUTES May „ CITY OF AEWPOR-Y "AC" tNOEx in the Grading Ordinance and not in the Uniform Building Code. He felt that the offort should tie, trade t� nfd� 'the s ft Code definition with that of the Vining D. r. 15 staff and" that he was protesting a decision by arming . Department �� of their interpretation of the Zonhug •Code regarding le and of measuring the height of a strUdWO. on. P �' iYlh Kings Road, and he Was requestieg t a. 06, , oo'1 or. make a determination wMd*r the- iiOs. dectsi not. In the ensuing discussion betweeh Mr. nDodds t.kit flW dsrissue Commissioner Pomeroy, it was asieetti tb tt►e reoommendt d chi of measurement would be resbkveti Hy. to the Municipal Code outlined t~y.#toff• Motion was made to uphold the. appeal of dhe applicant and to instruct staff to bring back elari4ing language of the Zoninge to; th Ordinance. as it relates• tb the estalishment of grad irlannina Commission. Motion voted'bn; MOTION:CARR>BD• t t t Disouesion Item No.2 revocation'proceedings on Permit-l�to. 1852 upias2- uest consider permitte a establishment of Hassaes Cafes � d iWe n located at 3325 Newport -no wine on pr rty District. The r lion proceedings are in conjunction with v cat failure of the app t to purchaso required in -lieu parking set for nits from the City. p•g• 6-20r91 istant City Attorney Flory inf ed the Commission that she the possible action of the met with Mr. Hassan and Commission, and that Mr. had indicated a nning ingness to begin making payment on the I ieu parking fees in Hassan was advised by Assistant Attomby Flory ;ars. Mr. t she would prepare an agreement for the 01i tit and set the amount. S icated t the Planning Commission would t due to the constructionlakiffg place oil Net,+part I the loss of the Municipal Parking Lot, Mr. Hassan -25- 171 • • Page 14 HEIGHT LIMITS Chapter 20.02 HE1QH1 LIMITS Chapter 20.02' HEIGHT LIMITS Sections: 20.02.010 Intent and Purpose. 20.02.020 Effect of Chapter.' 20.02.M5 Definitions. 20.02.02.6 Establishment of Grade. . 20.02.030 Height Limitation Zones. 20.02.035 Planned Community Districts. 20.02.040 Planning Commission or city. council. Review. 20.02.050 Existing Structures and Permits. 20.(MO60 20.02.061 "' Chimneys and Vents. Architectural Features and Solar Equipment." 20.02.062 20.02.063 Flag Poles. Parapet Wa11s,I Elevator and Mechanical: Penthouses, and Mechanical Equipment.' 20.02.065 Skylights and Roof Windows. 20.02.070 Fences, Walls, and Plantings. 20.02.080 Church Exception. 20.02.090 . Airport Height Limits. 20.02.010 INTENT AND PURPOSE. The intent and purpose of this Chapter is to establish regulations on the height of buildings• throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved during that time when the General Plan is being developed. This chapter creates five (5) height limitation zones which govern building"height but allow design flexibility with City review. These regulations shall be reviewed and revised as necessary following the adoption of the General Plan. (Ord. 1454 4 4 (part), 1972). 20.02.020 EFFECT OF CHAPTER. All Sections of this Title shall be subject to the provisions of this Chapter. (Ord. 1454 $ 4 (part), 1972). 20.02.025 DEFINITIONS. A. HLIGHT OF BUILD114G. 'The height of a structure shall be the vertical distance 'between grade, at airy point and the highest point of the structure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof'. shall extend more thin five'(5) feet above the permitted height in the height limitation zone. 15 s i Page 15 HEIGHT LIMITS Chapter 20.02 B. GRADE. For the purpose of measuring height, the grade shall be natural grade unless one of the ollowing applies: (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Food Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by thegnaw" Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. (Ord. 90-43, January 9, 1991) 20.02.026 ESTABLISHMENT OF GRADE. In a case wbere natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of Chapter 20.02 is fulfilled. The establishment of grade by the Planning Commission or by the City Council upon appeal or review of the decision of the Planning Commission, shall require the approval of a Site Plan Review which shall be obtained in accordance with Section 20.01.070. A- FINDINGS. In order to establish grade, the Planning Commission or the City Council, upon appeal or review of the decision of the Planning Commission, shall make the following findings in addition to those required by Section 20.10.070: .)4r • Pap 16 HEIGHT LIMITS Chapter 20.02 1, That the proposed grade tieing requested.by'the appoli nth reasonabletbland comparable with the grades of surrounding ' p P� the establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or 'injurious ' to' property and improvements in the neighborhood• or the general welfare of the City. 2, That the proposed grade and related development will not result i the loss the of any public views and shall be consistent wiW,the existing neighborhood in which the project is located. 3. That the .existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. (Ord. 91-8, March 27, 1991; Ord. 90-43, January'99 1991). ao, RESOI MON NO. _ • A RESOLUTION OF THE PLANNING COMMISSION OF THE Crff OF NEWPORT BEACH RECOMMENDING TO TIRE Cr. COUNCIL THE APPROVAL OF AMENDMENT NO. 753 AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO REVISE THE DEFINITION OF'THE TERM "GRADE" WHERpAS, Title 2D of the Newport Beach ode provisions for regulating the height buildings thr uo ghoout the meC includes ne City; ad ; WHEREAS, Section 20.02.025 of the Municipal Code tndudes a definition of the term "Grade" which is used for the pttrpose of measuring height; and WHEREAS, the Planning Commssion has 'determined that the existing definition of'tiue term "Grade" is unclear•and unworkable, Ma that, such'definition should' be amended; and WHEREAS, at its meeting of March 19, 1992, the Planning Commission directA taff to schedule a public hearing to consider Amendment No. 753; and, WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, on April 23, 1992, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment -No. 753. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve Amendment No. 753 to the Newport Beach Municipal Code so as to revise the definition of the term "Grade" as set forth in the April 23, 1992, Planning Commission staff report - ADOPTED this 231d— day of •Appji,,,1992, by the following vote, to wit: AYES NOES ABSENT BY Gary Di Sano Chairman BY Norma Glover Secretary ill • April230IM MINUTES COMMISSIONERS ROLL CALL Motion All Ayes CITY OF NEWPORT BEACH INoex Item No.7 Amend 3 Request to consider an amendment to Title 20 of the Newport (Res 1293) Beach Municipal Code so as to revise the definition of the term 'fie„ DIMATED BY: The City of Newport Beach The public hearing was opened in connection with this item. There being no one to appear and be heard, the Public heating was closed at this time. Motion was made and voted on to adopt Amendment No. 753 (Resolution No. W3). MOTION CARRIED• sss Requ to consider an amendment to Title 20 of the Newport Beach cipal Code so as to establish provisions for the regulation o ort term lodging units in Residential Districts BY:N-jhe City of Newport Beach mes Hewicker, Planning or, discussed the Ordinance that e City Council is conside ' egarding short term lodging units. ie regulations will reside in e, 5 of the,Municipal Code, iwever, in order to provide the p r cross reference and to low the short term lodging units as pe 'tted uses in the various sidential districts of the Zoning Code, it ' necessary to amend tie 20, the Zoning Code. ommissioner Glover expressed her concerns that Ordinance ould be over -regulating and unfair• Mr. Hewicker con ed with statement expressed by Commissioner Glover that the to arson responsible for what occurs on the property,is the pM>e -29- It_ em__No___6 Amend 757 (Res 1294) Approved :Uk March 19 IM MINUTES COMMISSIONERS ROLL CALL Motion Ayes Absent Motion Ayes Absent CITY OF NEWPORT BEACH Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to revise the definition of "Grace". In response to questions posed by Commissioner Grora, Mr. Hewicker stated that inasmuch as October 12, 197Z wa tie last time the Section regarding the definition of "Graden"mwasmadi tre4, problems have occurred because one property y differently from another property and they could be adjoining properties. Mr. Hewicker concurred with Commissioner Gross' comment that the proposed Amendment concerns problems that have occurred in the pat. Following a discussion between the Commission and staff rc@UdWg the proposed revisions to the definition of "Grade", Mr. Hawleker stated that staff would submit examples in the upcoming staff don was made and voted on osched' public � c hearing for Planning Commission meeting April ss• ing - ctor Hewicker discussed items on the Joint City In/Pl mmission Agenda of March 23,199Z with the aission. m was made and voted on to ex mmissioner Gross the Planning Commission meeting of Ap 1992. sss 11:15 p.m sss 14ORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -37- INDEX n-i A753 set for PH 4 23 92 Add'1 Busiaeas Joint CC/ PC kt9 Gross Excused O.3 ORDINANCE NO. AN ORDINANCE OF THE t'SI'Y COUNCII. OF THE f11'Y OF NEWPORT BEACH• AMENDING M I.E 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE THE DEFINMON OF THE TERM "GRADE" ; (Planning Commission Amendment No. 753) WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that ntie 20 (the Zoning Code) may be amended by changing its provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, Section 20.84.020 of the Municipal Code of the City of Newport Beach provides that an amendment to Title 20 may be initiated by the City Council or tlw•Plamdsg Commission; and WHEREAS, Title 20 of the Newport Beach Municipal Coda includes provisiom for regulating the height of buildings throughout the City; and WHEREAS, Section 20.02.025 of the Municipal Code includes a definition of the term "Grade" which is used for the purpose of measuring height; and WHEREAS, the City Coun4 bas determined tbat the adWng definition of tha term "Grade is unclear and unworkable and that such definition should be amended; and WHEREAS, the planning Commission, at its March 19, 1992 meeting directed the staff to initiate amendment procedures so as to consider Amendment No. 753. WHEREAS, pursuant to Section 20A4.030, the Planning Commission has bold a duly noticed public bearing at its meeting of April 23,1992, to consider Amendment No. 753 to Title 20 of the Newport Beach Municipal Code; and WHEREAS, the Planning Commission of the City of Newport Bead& at its meeting of April 23, 1992 approved Resolution No. 1293, tbereby recommending that the City Council of the City of Newport Beach approve Amendment No. 753 to the Newport Beach Municipal Code; and WHEREAS, the City Council has determined that Amendment No. 753 is exempt from the requirements of the California Environmental Quality Act under a Gan 5 (Minor Alterations in Land Use limitations) exemption; and it f a WHEREAS, on May 26. 1992 the City Council of the City of Newport Beach held s� a duly noticed public hearing regarding Amendment No. 753. NOW, THEREFORE the City Council of the City of Newport Beach does hereby ordain as follows. Section 1. Section20.02.MS of the Municipal Code is hereby amended to read as follows: 20.02.025 DEFINITIONS. A. HMGHT OF BUILDING. The be the vertical distance between grade at any point and the • ' height of a structure shall t. highest point of the structure directly above, provided that a roof shall be measured to the : t average height of the roof, but tbat no part of the roof shall extend mom than five (5) fat above the permitted height in the height limitation zone. B. GRADE For the purpose of measuring height, the grade shall be the unaltered natural vertical location of the ground surface unless one of the following applies: i (1) At the time of subdivision, the City has approved a grading plan or map' I under which cira»mtanots grade shall be finished grade as shown on the plan or map so approved. For sites that were developed without or prior to the requirement for a grading plan or map, the Planning Department shall exercise its best efforts to determine the location of grade for the purpose of measuring heigb. in so doing, the Planning Department shall use existing on - site elevations and contours, as well as the elevations and contours of Fts adjoining and nearby properties to determine the natural profile of the cite. in cases where retaining walla have been constructed or filled surfaces have been used for the purpose of measuring height Prior to October 1% 1972, the , finished grade established in conjunction with the filled condition shall be 4` used for the measurement of height. Under no circumstances stall height be from excavated surfaces such as basements and wine cellars wttieh : measured have been used to artificially lower the ground surface. 2 (2) Flood4�ard Area. The height limit for the inbabitalenu of all new structures or addition to existing structures, excluding all accessory structures' on a parcel of land within the Flood hazard Area, stall be messured from the site's required pad elevation or existing natural grade, whicbever is higher. Fad elevation is determined by the Flood Insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by city Council.' Notwithstanding the building pad elevation established by the Flood htsurance Rate Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Levelconsistent with the Public Works Department standard for bulkhead elavation. I Section 2. The Mayor shall sign and tiw City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same aball become effective thirty (3o) days after the date of Its adoption. Section 3. ibis Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beads held on the iltb day of May, 1992, and adopted on the 26th day of May, 1992, by the following vote, to Wit: ATTF= * I VAN :I' AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNC L MEMBERS MAYOR• 3 '•Y r. .• k, e. • 6 • March 19, 1992 ' ,, MINUTES COMMISSIONERS CITY OF NEWPORT BEACH INDEX ROLL CALL Motion Ayes Absent Motion Ayes Absent I* Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to revise the definition of "Grade". In response to questions posed by Commissioner Gross, Mr. Hewicker stated that inasmuch as October 12, 1972, was the last time the Section regarding the definition of "Grade" was modified, problems have occurred because one property may be treated differently from another property and they could be adjoining properties. Mr. Hewicker concurred with Commissioner Gross' comment that the proposed Amendment concerns problems that have occurred in the past. owing a discussion between the Commission and staff regarding proposed' revisions to the definition of "Grade", Mr. Hewicker ed that staff would submit examples in the upcoming staff * Motion was made and voted on to schedule a public hearing for * the Planning Commission meeting of April 23, 1992. tss Director Hewicker discussed items on the Joint City 'lanning Commission Agenda of March 23,1992, with the saa )n was made and voted on to excuse Commissioner Gross the Planning Commission meeting of April 9, 1992. s•s 11:15 P.M. NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -37- D-1 A753 Set for PH 4/23/92 Add'1 ' Business Joint CC/ PC Mtg Gross Excused COMMISSIONERS March 5, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL tables, or 10 percent of the 'net public area " calculated b e area of the billiard table plus 5 feet on all four sides, re qu' s a use permit. MOTION CARRIED. xxx In response to a question osed by Commissioner Debay, Mr. Hewicker explained t ased on the foregoing action that staff would contact the plicant for the Ellis Island Restaurant that a use permit wo not be required because the restaurant requested to install o billiard tables. DISCUSSION ITEMS: Discussion Items Amendment No. 753 D-1 Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to revise the definition of "Grade". Cont' d2to 3/19/9 James Hewicker, Planning Director, requested that this item be continued to the March 19, 1992, Planning Commission meeting. Motion Motion was made and voted on to continue Discussion Item No. 1 All Ayes to the March 19, 1992, Planning Commission meeting. MOTION CARRIED. : x x Review of the Planning De artm nt Workload an Pr o D-2 Agenda for the Joint Meeling with the Ci1y Council on Marc 1992 Joint CC/ ' PC Meeting Mr. Hewicker stated that the State Law requir a written annual report to the City Council on the status o e General Plan and the progress of its implementation. Hewicker addressed the Planning Department Project Li In response to a que ' n posed by Chairman Di Sano, Mr. Hewicker replied t pending the joint meeting with the City Council, GPA -1(C) Old Newport Boulevard Specific Plan is not -18- C 0 Planning Commission Meeting March 5. 1992 Discussion Item No. 1 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Amendment No. 753 Request to initiate an amendment to Title 20 of the Municipal Code so as to revise the definition of the term "Grade" as provided in Section 20.02.025. INITIATED BY: The City of Newport Beach Staff recommends that this item be continued to the Planning Commission meeting of March 19, 1992, inasmuch as staff has not yet finalized the suggested changes to the Zoning Code. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By 1W William R. Laycock Current Planning Mana er WRL:cb jNOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of The City of Newport Beach for Amendment No. 753 which involves: A request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to revise the definition of the term "Grade" as provided in Section 20.02.025. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act. Notice is hereby further given that said public hearing will be held on the 23rd day of April 1992, at the hour of 7,30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Norma Glover, Secretary, Planning Commission, City of Newport Beach. Authorized to Publish Advertisements of all kinds indu public notices by Decree of the Superior court of Orange County, California, Number A-6214, September 29, 1961, and A-24831 June 11,1963 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH —COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: April 10, 1992 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 10 11 992 at Cost2e, ZCfom ° Signature 0 fold a pu he 'appplica' of Newl nendment rolves: o consider to Title 2C Beach Mut , as to to, r of the t t. provided as I has been at In of y may be limited to rais- ing only those Issues you or someone else ralsed at the public hearing de- scribed In this notice or In written correspondence do. livered to the City at, or prior to, the public hearing. For Information call (714) 544.320D. Norma Clover, Secre- tary, Planning Commis- sion, City of Newport Beach Published Newpoft Beach/Costa Mesa Daily, Pilot April 10, 1992 F2051 PROOF OF PUBLICATION r— i ORDINANCE NO. 92-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE THE DEFINITION OF THE TERM "GRADE" (Planning Commission Amendment No. 753) 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 its provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, Section 20.84.020 of the Municipal Code of the City of Newport Beach provides that an amendment to Title 20 may be initiated by the City Council or the Planning Commission; and WHEREAS, Title 20 of the Newport Beach Municipal Code includes provisions for regulating the height of buildings throughout the City; and WHEREAS, Section 20.02.025 of the Municipal Code includes a definition of the term "Grade" which is used for the purpose of measuring height; and WHEREAS,.the City Council, has determined that the existing definition of the term "Grade" is unclear and unworkable and that such definition should be amended; and WHEREAS, the Planning Commission, at its March 19, 1992 meeting directed the staff to initiate amendment procedures so as to consider Amendment No. 753. WHEREAS, pursuant to Section 20.84.030, the Planning Commission has held a duly noticed public hearing at its meeting of April 23, 1992, to consider Amendment No. 753 to Title 20 of the Newport Beach Municipal Code;. and WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of April 23, 1992 approved Resolution No. 1293, thereby recommending that the City Council of the City of Newport Beach approve Amendment No. 753 to the Newport Beach Municipal Code; and WHEREAS, the City Council has determined that Amendment No. 753 is exempt from the requirements of the California Environmental Quality Act under a Class 5 (Minor Alterations in Land Use Limitations) exemption; and 1 6 WHEREAS, on May 26, 1992 the City Council of the City of Newport Beach held a duly noticed public hearing regarding Amendment No. 753. NOW, THEREFORE the City Council of the City of Newport 'Beach does hereby ordain as follows: Section 1. Section 20.02.025 of the Municipal Code is hereby amended to read as follows: 20.02.025 DEFINITIONS. A. HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the permitted height in the height limitation zone. B. GRADE. For the purpose of measuring height, the grade shall be the unaltered natural vertical location of the ground surface unless one of the following applies: (1) At 'the time of subdivision, the City has approved a grading plan or map, under which circumstances grade shall be finished grade as shown on the plan or map so approved. For sites that were developed without or prior to the requirement for a grading plan or map, the Planning Department shall exercise its best efforts to determine the location of grade for the purpose of measuring height. In so doing, the Planning Department shall use existing on - site elevations and contours, as well as the elevations and contours of adjoining and nearby properties to determine the natural profile of the site. In cases where retaining walls have been constructed or filled surfaces have been used for the purpose of measuring height prior to October 12, 1972, the finished grade established in conjunction with the filled condition shall be used for the measurement of height. Under no circumstances shall height be measured from excavated surfaces such as basements and wine cellars which have been used to artificially lower the ground surface. K (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood' Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Flood Insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the Flood Insurance Rate Maps, the minimum required first floor finished floor elevation for the interior living areas of `all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. Section 2. The Mayor shall sign and the City Clerk 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 May, 1992, and adopted on the 26th day of May, 1992, by the following vote, to wit: ATTEST: AYES, COUNCIL MEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE 3 • �AL.�:�