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HomeMy WebLinkAboutSECTION 20.02.200 & 20.02.285_GRADE AND STORY111111111111111111111111111111111 *NEW FILE* SEC 20nO2m200 & 285 f~ � COUNCIILMtU PS. \�Po 0lpROLL CALL Pin N 9c a� CITE( OF WEINPORT BEACH December 18 1972 MINUTES 5. Mayor McInnis opened the public hearing in connection District with Ordinance No. 1479, being, Map 1 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 1, Planning Commission Amendment No. 346, amending a portion of District Map No. 1 from a C-1-H District t an R-2 District, located at 211 Fern Street between We t Coast Highway and Canal Street in Newport Shore . No one de ired to be heard. Motion x • The hearing s closed. Ayes xxxxxxx Motion K Ordinance No. 1479 as adopted. Ayes xxxxxxx 6. Mayor McInnis opened the ublic hearing in connection Mod Cmte with Ordinance No. 1480, b 'ng, AN ORDINANCE OF THE Y OF NEWPORT BEACH AMENDING SECTIO 0.47. 010 OF THE NEWPORT BEACH MUNICIPAL CODE IN CON- NECTION WITH MODIFICATION COMMITTEE MEMBERSHIP, Planning Commission Amendment No. 347, dding the Building Division Supervisor rather than t City Attorney as a member of the Modifications Com ittee. No one desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Motion x Ordinance No. 1480 was adopted. Ayes xxxxxxx 7. Mayor McInnis opened the public hearing in connection Uniform with Ordinance No. 1481, being, Bldg Code/ Story AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 02.285 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAIN- ING TO THE DEFINITION OF "STORY, " Planning Commission Amendment No. 345, defining the term "story" to coincide with the definition con- tained in the Uniform Building Code. Volume 26 - Page 359 N CITY OF NEWPOV 8ZACH MINUTES ROLL Motion x Ayes x x IX Motion Ayes Motion Ayes Motion Ayes December 18, 1 No one desired to be heard. The hearing was closed. Ordinance No. 1481 tvas adopted. ORDINANCES FOR INTRODUCTION: 1 A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 7.I0 TO THE NEW PORT BEACH "CATS, MUNICIPAL. CODE, ENTITLED '� limiting the number of cats to no more than _ single parcel of property was presented. per A letter was presented from licensin Didi Moore in favor of g cats. The proposed ordinance was tabled. Z. Pr\Osed Ordinance No. 1482, being, .. , "1-uJ1vaNCE OF THE CITY WPORT OF NE BEA H AMENDING SECTION 12 66. OF THE NEWT BEACH MUNICIPAL CODE TO PRO- VIDE F APPLICATION OF VEHICLE CODE Tc PRIVATE • TREETS IN "NEWPORT• CREST" DEVELOPM NT, amending Ordinance\frome clude additional streets in Tract 781 ment icle Code enforce- , was presented A letter was presentCalifornia requesting of metGrant oof the afornia Vehicle Code tCali- (Newport Crest).ets in Tract 7817 Ordinance No. 1482 was introduced a\assed to second reading on January 8, 1973. \\\\ Volume 26 - Page 360 Cats Newport Crest Private Streets o ORDINANCE NO. .14 8 T Il g oe eo Q 6°' AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.02.285 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE DEFINITION OF "STORY" y, The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 20.02.Q85 of the Newport Beach Municipal Code is amended to read: 1120.02.285 Story. The term "story" shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of NOV 27 1972 , 1972, and was adopted on the day of 1972 1972, by the following vote, to wit: i AYES, COUNCILMEN: NOES, COUNCILMEN ABSENT COUNCILMEN ATTEST: Mayor City Clerk DRB dm 11/21/72 ITdmtoy-W COUNCILMEN � 'li( n' ZZPO NA O CITY OF NEWPORT BEACH Nnvamhar 97_ 1977. i MINUTES INDEX A report was presented from the City Manager. Motion x Ordinance No. 1478 was introduced and passed to Ayes x x x x x second reading on December 4, 1972. Absent x 2. Proposed Ordinance No. 1479, being, District Map 1 ORDINANCE OF THE CITY OF NEWPORT ACH REZONING PROPERTY AND AMENDING TRICTING MAP NO. 1, \Plann g Commission Amendment No. 346, amending a poPtio of District Map No. 1 from a C-1-H District to an R-2 istrict, located at 211 Fern Street between West Coast 'ghway and Canal Street in Newport Shores. A report was pres t�rom the Community Develop- ment Department. Motion x Ordinance No. 1479 was r troduced and set for public Ayes x hearing on December 18, 1 72. Absent x 3. Proposed Ordinance No. 1480, be' g, Mod Cmte AN ORDINANCE OF THE CITY O NEWPORT BEACH AMENDING SECTION 20.4 010 OF THE NEWPORT BEACH MUNICIPAL CODE,'IN CON- NECTION WITH MODIFICATIONS COMMITTEE MEMBERSHIP, Planning Commission Amendment No. 347, adding he Building Division Supervisor rather than the City Attorney as a member of the Modifications Committee, was presented. Motion x Ordinance No. 1480 was introduced and set for public Ayes x x x x x x hearing on December 18, 1972. Absent I I I 1XI 4. Proposed Ordinance No. 1481, being, Uniform Bldg Code/ AN ORDINANCE OF THE CITY OF NEWPORT Story BEACH AMENDING SECTION 20. 02. 285 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAIN- ING TO THE DEFINITION OF "STORY," Plannine Commission Amendment No. 345, defining the term "story" to coincide with the definition con- tained in the Uniform Building Code, was presented. Volume 26 - Page 341 I ROLL rAIJ COUNCILMEN \DO�10� CITY OF NEWPORT BEACH November 27. 1972 MINUTES 1 K1r)r V Motion Ayes Absent xxxTH x x A report was presented from the Community Develop- ment Department. Ordinance No. 1481 was introduced and set for public heparin on December 18 1972. 5. A proposed ordinance, being, District Map 46 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 46, Planning Commission Amendment No. 330, rezoning portion of Lot 1, Tract 463 from an R-4-UL District to an R-3 District, located on the westerly side of Superior Avenue, north of Pacific Coast Highway (Newport Crest), was presented. report was presented from the Community Develop- ent Department dated August 14. Motion x n of the proposed ordinance was tabled. Cons\7881, Ayes xxxxx x Absent x CURRENTSS: 1. A reppre ented from the City Manager re- Bushard/ gardinof Cit -owned property at Bushard and Hamilton Hamilets, H tington Beach. Resolo. 7881, rej cting all bid proposals for R-7881 Motion x the Bud Hamilton operty -Huntington Ayes xxxxx x Beachrizing rebidding, and setting out the Absent x proceits sale, was ad eted. 2. A report was presented from th,y Manager re- Harbor garding request from Harbor View H is Community View Dr Association for closure of Harbor Vie Drive at the Closure southeasterly end with intersection of Ma guerite Avenue. Motion x The request for closure of Harbor View Drive as Ayes xxxxx x referred to the City Staff Traffic Affairs Commi ee Absent x for investigation and report. 3. A report was presented from the Public Works Di- Villa Way rector regarding acquisition of property at 500 - 29th R�align- Street for the realignment of Villa Way. me t Volume 26 - Page 342 Planning Commission Meeting Agenda Item No CITY OF NEWPORT BEACH October 31, 1972 Nov. 2, a,1972 r7 b 7,k lijj� 41 ll .� TO: Planning Commission 1+� FROM: Department of Community Development SUBJECT: Amendment No. 345 (Public Hearing) / r/ A proposal to amend portions of the Newport Beach Municipal Code pertaining to the definition of "story." INITIATED BY: City of Newport Beach Background At its meeting of October 5, 1972, the Planning Commission adopted Resolution No. 771 (6 ayes, 1 absent) setting a public hearing for November 2, 1972 to consider an amendment to Section 20.02.285 of the Newport Beach Municipal Code which pertains to the definition of the term "story." Analysis The Uniform Building Code defines the term "story" as follows: STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 per cent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused under- floor space shall be considered as a story. This wording is essentially the same as Section 20.02.200 of the Newport Beach Municipal Code with the minor exception of the refer- ence to the elevation of a basement, cellar or unused under -floor space being considered as a story if the finished floor level dir- ectly above exceeds a height of twelve feet above grade at any point or exceeds a height of six feet for more than fifty percent of the total perimeter. However, a major difference is that the Municipal Code does not consider the area between the lowest floor and the floor next above to be a story if it is "used entirely for garage purposes, or if it is unenclosed for at least fifty percent of its perimeter and is used as a patio or for recreational purposes." The result of using two definitions of the term "story" has created many situations within the Department where the Building Division, using the Uniform Building Code, would classify a structure as being three stories in height and thereby requiring a side yard of four feet; and the Current Planning Division, using the Zoning Code, Item No. 17 TO: Planning Commission - 2. r worild define the same structure as being two stories in height and apply different criteria. For the average person who is not familiar with these differences, the result has been one of con- fusion and misunderstanding. This confusion has been compounded within the past eighteen months by a more liberal interpretation which has resulted in the design of many duplexes on flat sites containing two living levels above a garage level. These build- ings, in many instances, are not only out of character with their surroundings but they have necessitated many interpretations as to what constitutes a garage. Does a garage constitute only that space set aside for automobile storage or does it also include boat storage, laundry, workshop, miscellaneous storage, etc.? Recommendation In order to eliminate confusion and institute a uniform understand- ing and application of the term "story," it is recommended that Section 20.02.280 of the Newport Beach Municipal Code be amended to coincide with the definition contained in the Uniform Building Code. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director N sistant Director JDH/kk Item No. 17 .rk J r � ' City Council Meeting November 27, 1972 Council Agenda No. E-4 CITY OF NEWPORT BEACH November 20, 1972 TO, City Council FROM: Department of Community Development SUBJECT: Amendment No. 345 (Public Hearing) A proposal to amend portions of the Newport Beach Municipal Code pertaining to the definition of "story". INITIATED BY: City of Newport Beach Recommendation The Planning Commission present at its meeting of November 1¢, 1972, (Commissioner Heather being absent) unanimously recommended approval of amending Section 20.02.285 of the Newport Beach Municipal Code, so that the definition of "story" will coincide with the definition contained in the Uniform Building Code. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By Id William R. Layco�C, Senior Planner RVH:WRL:sm Attachments: Staff Report dated October 31, 1972 TO COUNCIL MEMBERS ONLY: Excerpt Planning Commission Minutes November 16, 1972 w Planning Commission Meeting Nov. 2, 1972 October 31, 1972 TO: FROM: SUBJECT: INITIATED BY: Background Agenda Item No. CITY OF NEWPORT BEACH Planning Commission Department of Community Development Amendment No. 345 (Public Hearing) 17 A proposal to amend portions of the Newport Beach Municipal Code pertaining to the definition of "story." City of Newport'Beach At its meeting of October 5, 1972, the Planning Commission adopted Resolution No. 771 (6 ayes, 1 absent) setting a public hearing for November 2, 1972 to consider an amendment to Section 20.02.285 of the Newport Beach Municipal Code which pertains to the definition of the term "story." Analysis The Uniform Building Code defines the term "story" as follows: STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 per cent of the total perimeter or is more than 12 feet above grade as defi-ned herein at any point, such basement, cellar or unused under- floor space shall be considered as a story. This wording is essentially the same as Section 20.02.285 of the Newport Beach Municipal Code with the minor exception of the refer- ence to the elevation of a basement, cellar or unused under -floor space being considered as a story if the finished floor level dir- ectly above exceeds a height of twelve feet above grade at any point or exceeds a height of six feet for more than fifty percent of the total perimeter. However, a major difference is that the Municipal Code does not consider the area between the lowest floor and the floor next above to be a story if it is "used entirely for garage purposes, or if it is unenclosed for at least fifty percent of its perimeter and is used as a patio or for recreational purposes." The result of using two definitions of the term "story" has created many situations within the Department where the Building Division, using the Uniform Building Code, would classify a structure as being three stories in height and thereby requiring a side yard of four feet; and the Current Planning Division, using the Zoning Code, Item No. 17 TO Planning Commission - 2. F. would define the same structure as being two stories in height and apply different criteria. For the average person who is not familiar with these differences, the result has been one of con- fusion and misunderstanding. This confusion has been compounded within the past eighteen months by a more liberal interpretation which has resulted in the design of many duplexes on flat sites containing two living levels above a garage level. These build- ings, in many instances, are not only out of character with their surroundings but they have necessitated many interpretations as to what constitutes a garage. Does,a garage constitute only that space set aside for automobile storage or does it also include boat storage, laundry, workshop, miscellaneous storage, etc.? Recommendation In order to eliminate:confusion and institute a uniform understand- ing and application of, the term "story," it is recommended that Section 20.02.285 of the Newport Beach Municipal Code be amended to coincide with the definition contained in the Uniform Building Code. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director sistant Director JDH/kk Item No. 17 COMMISSIONERS CITY OF NEWPORT BEACH y v�GrS'S; � m nY'➢NY �O M r ROLL CALL November 16, 1972 MINUTES INDEX Item #15 AMENDMEN A proposal to amend portions of the Newport Beach NO. 345 Municipal Cade 'pertaining to the definition of APPROVED "story". Initiated•by: Tfte City of Newport Beach Chairman Glass reviewed the proposal and staff report with the Planning Commission and opened the Public Hearing. There being no one desiring to appear, Chairman Glass closed the Public Hearing. Motion X The Planning Commission recommended to the City Ayes X X X X X X Council approval of Amendment No. 345. Absent X Item #16 Request to amend a portion of Districting Map No. 1 from a C-1-H District to an R-2 District. AMENDMENT NO. 346 ' Location: Lot 8 of Block 9, Seashore Colony Tract, located at 211 Fern Street, between West Coast Highway and APPROVED Canal Street in Newport Shores. In' iated by: The City of Newport Beach Chairma Glass reviewed the application and staff report wi the Planning Commission. Assistant Comm ity Development Director Hewicker added that prope y owner of this lot was present t previous hearin and was in favor of this re- quest. In response to the Planni Commission, City Engineer stated that street ' fully improved in front of this property and he uld investigate the requirement for street improveme in connection With adjoining property.. Chairman Glass opened the Public Hearin There being no one desiring to appear, Chairl n Glass closed the Public Hearing. Motion X ollowing discussion, Planning Commission recommend Ayes X X X X X X o the City Council approval of Amendment 346. Absent X Page 15. NO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.02.285 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE DEFINITION OF "STORY" The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 20.02.Q85 of the Newport Beach Municipal Code is amended to read: 1120.02.285 Story. The term "story" shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 1972, and was adopted on the day of 1972, by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN ABSENT COUNCILMEN ATTEST: Mayor City Clerk i [� DRB dm 11/21/72 EI.GVAT1 . STRc-ET 'I 51.• P1.4 N it I CITY OF MEMPORr OZACH ICALf' / �.., PRL''PAR: O OY ` PLANPJ/NO XSPARi94ZVr I��t/ "G OpAwINONa 1• d W. DRAW& �• �� PLANK/NO URZOM17 ' .I P. LE V4,tlm 0 N).s a 11 ,Lvep�LGE - opt 'Tmum IS OP TAAG C-AOU$Z, Lr-.V.E L CaZ Ate Tel' --CoRmlas OF Twa c-A:mR',N Wts,uLs OR K i0�Lbtmoll INll:-lIWDNG . S-0 Oi4mk�C-y!;.,,COPOUSS 114) (--LrAC*p -POLLS Mok,�,OMGAV(; RAWO � 6-RAz"p-4 T'OWOLS OP �(41E(C*Wr* LttMtTS i$AIGC1- PTO PU. lk'04tN4C"-4 ow. Pam k.T c/ry 'OF NOYFORr 46EACH CAL/F. Ccz PREPARZ40 BY GAY! PLAMINO OSPARMONr O"Irl ' #0 #06 o4 W. VRAWOY PLANNING DIRECTOR I r Planning Commission Planning Department Discussion of Sections 20.02.200 and 20.02.285 Of the Municipal Code - Definitions of Grade and Story Attached is a copy of a report to berdiscussed at the Commission Study Session of December 19, 1968. The report outlines a problem that is becoming more critical relating to the interpretation and enforcement of the terms"grade" and "story" in the processing of building plans -by both the . Planning and Building Departments. A possible solution and course of action designed to eliminate the problem is recom- mended at the conclusion of the report. We ano}ngize for the delay in getting this report to you buL input from various staff members was requireq. Copy to each Commissioner 'Oliver Grant` Bob Fowler" City. Manager Planning, Dept. Staff December 17, 1968 BRIAN N. HAWLEY, Senior Planner BNH/kk Attachment r PROPOSED AMENDMENT TO SECTIONS 20.02.200 and 20.02.285 For some time now, both the Planning and .Building Departments have been aware of differences in the definitions of similar terms contained in the Zoning Regulations of the Municipal Code and in the 1967 Edition of the Uniform Building Code. These terms, the definitions of rg ade and story, and their relation- ship toward the determination of the height of a building, have created problems in interpretation and enforcement for both departments. The problems occur only in the R-1, R-2 and R-3 Zones where the Zoning Regulations employ a "doulle standard" for the determination of residential building heights -- one based on a maximum number of feet (35 feet)'and one based on - a maximum number of stories (2 stories is tiie-R-1 and R-2 Zones. 3 stories in the R-3 Lone) Conflicts have occurred in applying the story ,limitation or dwellings proposed for construction on crade'd lots even though the overall height of the building is well under, the 35 foot maximum height limitation. During the.past'fcw months, this problem has become more acute, particularly as development of.the hilly sections of the city, intensifies. A review of the definitions in question will serve to`illustrate the problem. r ; Section 20.02.285 of the tdunicipal Code states: "The term 'story' shall mean that portion of a build- ing included between the upper surface of any floor r 2 and the upper surface of. any floor directly above -- The lowest story, including any partial story of a building, shall be consiuered a story when the upper surface of the floor directly above is more than six feet above grade; provided, however, that the area between the lowest floor and the floor next above shall not be considered a story if used entirely for garage purposes....." Although the Zoning Regulations and the Uniform Building Code are fairly compatible in their definitions of a story, the application of this restriction results in some rather arbi- trary determinations of which type of developments are per - and which are not even though the buildings may be under the maximum 35 foot height lirait of the three zones in question. Examples of these arbitrary or conflicting deter- minations are outlined on the attached schematics. It is difficult to rationalize, for exaniple,'why schemes`A and B are permitted and schemes C and D are not when all buildings are less than 35 feet in height. Another problem stems from the use of the word "grade." Does it refer to natural grade or finished grade? Section 20.02.200 of the Municipal Code states: "The term 'grade' (ground level) shall mean the average of the ground level at all the corners of the exterior walls of a building..... Artificial grade shall not be used.for the purpose of r • determining height limitations or the number of stories in a building unless a use permit is first obtained from the Planning Commission." No where in either the Municipal Code or the Uniform Building Code is the term "artificial grade" defined. The Uniform Building Code is quite specific in its definition of "grade" in that it refers everything -to finished grade (ground elevation) In summary, both the Zoning Reyuiatioris and the Uniform Build- ing Code consider the height of a building as the vertical distance measured from the "grade." Unfortunately, each docu- ment defines this term differently. The Zoning Regulations further complicate the situation by adding a restriction on the number of stories for dwelling units constructed in the R-1, R-2 and R-3 Zones`. The Staff feels that the limitation placed on the number of stories in a residential district is arbitrary, confusing and unnecessary -- particularly when a maximum heigh,t'limitation based on footage is also applicable. The Staff believes that building height limits based solely on the number of feet above finished qrade as defined in the Uniform Building Code will allow greater freedom and flexibility in the design and loca- tion of buildings without jeopardizing standards,of density, light, air and open space which the Zoning Regulations are designed to protect. The Staff, therefore, wishes to recommend to the Commission the following procedure for the elimination of this problem: That the Planning Commission initiate amendments to the Zoning Regulations of the Municipal Code which will: 1. Amend Section-20.02.200 - Grade and Section 20.02.285 - Story to conform to those defini- tio.ns contained in the Uniform Building Code, and, 2. Amend Section 20.12.030 - Building Height. Limit (R-1),. Section 20.14.030 - Building• - Height Limit (R-2), and Section 20.16.050.- Building Height Limit (R-3) to eliminate the restriction placed on building neigKs based on the number of stories. In these three zones the maximum height;of dwellings shall not exceed 35 feet, measured from the averago grade. 3.:, Amend. Section 20.02 - Definitions by adding the definition of Average Grade to be that which is ".....computed by taking an average of, the lowest €i.nished grade'at the extreme four (4) corners of the building.° P�eK►-rz�►� $y CODE, 5c14V- K E ri rr r � • F►2t� � ►'t'�D r3Y cow .. . ,p , 5ciiBKE 6� (Sapp= ��121NG i / IRA-no,oWWWAM i . Planning Commission Planning Department Discussion of Sections of the Municipal Coda and Story 20.02.200 and 20.02.285 - Definitton$ of Grade Attached is a copy of a report to be discussed at the Commission Study Session of December 19, 1968 The report outlines a problem that is becoming more critical relating' to the interpretation and enforcement .of the terms 119.. .d..�" and "start'" in the processing of buit.ding plans by both the Planning nd Building Departments. A ppssible solution and course of action designed to eliminate the problem is recom- mended at the conclusion of the report. We apologize for the delay i-n getting this report to you but input from various staff members was required. Copy to each Commissioner Oliver Grant Bob Fowler City Manager Planning Dept, Staff December 17, 1968 Attachment 891AN N. HAii4EY, Senior Planner BNH/'kk PROPOSED AMENDMENT TO SECTIONS 20.02,200 and 20.02.285 For some time now, both the Planning and Building Departments have been aware of differences in the definitions of similar terms contained in the zoning Regulations of the Municipal Code and in the 1967 Edition of the Uniform Building Code, These terms, the definitions of rye and story, and their• relatio.n- ship toward the determination of the height of a building, have created problems in interpretation and enforcement for both departments, The problems occur only in the R,-1, R-2 and R-3 Zones where the Zoning Regulati•ons,employ a "dou-ble standard" for tho determination of residential Building heights --.one based on a maximum number of feet (36 feet) and one based on a maximum number of stories '(2 stories in the R-1 and R-2 Zones., 3 stories in the R-3 lone). Conflicts have occurred' in applying the story limitation on dwellings pra.posed for construction on graded lots even though the overall height of the building is +tell under ;:he 35 foot maximum height limitation. During the past few mo►,ohs, this problem has become more acute, particuiarly as development of the hilly sections of the city intensifies. A review of the definitions in question will serve to Allustrate the 'problem, Section 20.02,285 of the Municipal Code states; "The term 'story' shall mean that portion of a build- ing included between the upper surface of any floor and the upper surface of any floor directly above The lowest story, including any partial story of a building, shall be considered a story when the upper Surface of the floor directs-y above is more than six feet above rg_,ade; provided, however, that the area between the lowest floor and the floor next above shall not be considered a story if used entirely for guragL� purpos-es.....-" Although the Zoninq Regulati-ons and the Uniform Building Code are fairly compatible in their definition-s of a story, the application of this restriction results in some rather arbi- trary determinations of which type, of developments are .per- mitted and which are not -- even though the buildings may be under the maximum 35 foot height limit of the -three zones in question. Examples of these arbitrary ar con-flicting deter- minations are outlined on the attached schematics. it is difficult to rationalize•, for examples why schemes A and B are permitted and schemes C and 0 are not when all buildings are less than-35 feet in height. Another problem stems from the use of the word "grade." Does it refer to natural grade or finished grade? Section 20#02.200 of the Municipal Code states: "The term 'grade' (ground'level) shall mean the average of the ground level at all the corners of the exterior walls of a building..... Artificial grade shall not be used for the purpose of 3 - determining height limitations or the number of stories in a building,unless a use permit is first obtained from the'Planning Commission:" No where 1.n either the Municipal- Code or the Uniform Building Code 'is the term "artificial grade" defined. The Uniform Building Code is quite specific in its definition of "grade" in that it refers everythi-ng to fitnished;grade (ground elevation). In summary, both the Zoning Regulations and the Uniform Build- ing Code consider the height of a building as the vertical distance meevsured from th-o "grade." Unfortunately, each doeu. ment defines this term differently. 1`6= Zoning 'regulations further complicate the situation by adding a restriction on the number of stories for dwalli-rig •units constructed in the R-1, R-2•and R»3 Zones. The Staff feels that the limitation placed on the number of stories in a residential district is arbitrary, confusin-g and unnecessary -- particularly when a maximum height limitation based on footage is also applicable. The Staff believes that building height limits based solely on the number of feet above finished grade as defined in the Uniform Building Code will allow greater freedom and flexibility in the design and loca» tion of buildings without jeopardizi-ng standards of density, light, air and open space which the Zoning Regulations are designed to protect, ' r 4 .. The Staff, therefore, wishes to recommend to the Commission the following procedure for the,elim1nation of this probl•emt That the Planning Commission initiate Amendments to the Zoning Regulations of the Municipal Code which wills 1, Amend Section'2or02.200 - Grade and Section 20,02.286'- Story to conform to those defini- tions contained in the Uniform Building Code, and, 2. Amend'Section 20.12.030 - Building Height Limit (R-1), Section 20,14.030 - Buildi-ng Hei,ght'Limit (R-2),. and Section2,0.16.060 Bui14ing sleight Limit (R-3),'to 'eliminate the restriction placed on building heights based on the number of,stories, In these three zones the'maximum height'of dwel ltnh3 shall not exceed 36 feet$' measured from the average grade,, 3, Amend Section.20.02 : Definiti-ons by adding the definition of Average Grade to be that which is." .... ,*computed by taking an average of the lowest,fi,nished grade at the extreme four (4) corners of the buildf-ng." T � � -5 - By following this procedure, the problems i-n interpretation and enforcement for both the Planning and Building Depart - menus will be eliminated and the problems in interpretation and conformance for architects, builders and property owners in meeting their design and construction requirements will 'be simplified. December 17, 1968 BNH-/kk PE�NtTT�I� all CODS( _ SG K E A `� ' IK) ez P F►Q.N tii'I✓D 8Y Cow Fje-NR4&,- IQ C-0 i 5Gi4PKe ' c " r • �y4 L SC�1!✓KE � �' .