HomeMy WebLinkAboutDEVELOPMENT STANDARDS*NEW FILE*
DEVELOPMENT STANDARDS
City Council Meeting November 26. 1990
Study Session Agenda Item No.
CITY OF NEWPORT BEACH
TO: City Council
FROM: Planning Department
SUBJECT: Definition of the term "Height of Building"
Direction to Staff
At the City Council Study Session of October 22, 1990, Councilmember Sansone requested
that a report be prepared justifying Section 20.87.205 of the Newport Beach Municipal
Code.
Background
A similar report was prepared for the City Council Study Session of March 27, 1989. A
copy of that report is attached.
As noted in the earlier report, the City's height regulations including the definition of the
term "Height of Building", were adopted by the City Council in 1972 following extensive
work of a Citizen's Ad Hoc Committee which had been created specifically for the purpose
of examining building heights and making recommendations to the City Council.
The 1972 Ordinance created five Height Limitation Zones citywide. In the case of the R-1
and R-2 areas, such as Corona del Mar, the 24/28 Foot Height Limitation Zone was
established. The effect of this action and the adoption of the remaining provisions of the
Ordinance was three -fold. First, it lowered the basic height of residential structures from
thirty-five feet to twenty-four feet. Secondly, it established a basic height limit of twenty-
eight feet, which can only be achieved by use permit. Thirdly, it established the definition
of the term "Height of Building" which allows the height of any roof plane to be increased
by five feet so long as the permitted average heights are not exceeded. Therefore, in the
case of a flat twenty-four foot'roof, a pitch can be added to create a ridge of twenty-nine
feet; and with a use permit, a flat twenty-eight foot roof can be pitched to create a ridge of
thirty-three feet.
TO: City Council - 2.
Apparently this method of measuring height has created some confusion among the lay
community. However, it is widely accepted and understood by architects and building
designers, especially those who desire a variety of roof styles and designs. In summary, the
twenty-nine foot height is for a ridge on a pitched roof and the twenty-eight foot height is
the basic elevation of a flat roof with a use permit.
Respectfully submitted,
xry Zw
JYIvMS D. HEWICKER wit -
Planning Director
JDH:dee
Attachment: Study Session Staff Report dated March 27, 1989
r.
City Council Meeting March 27, 1989
Study Session Agenda Item No.
CITY OF NEWPORT BEACH
TO: City Council
FROM: Planning Department
SUBJECT: Measurement of the Height of Buildings
Direction to Staff
At the City Council Study Session of March 13, 1989, Councilmember Sansone
requested that a report be prepared describing the way in which the height of
buildings is measured.
Background
The heights of buildings in Corona del Mar are measured in the same way as
buildings in other parts of the City. Over the years residential structures in
the R-1, R-2 and R-3 Districts have been allowed as high as three stories and
thirty-five feet. Current limitations on building height were established after
extensive involvement of a Citizens' Ad Hoc Committee and the adoption of
Ordinance No. 1454 by the City Council on September 11, 1972. Please refer to
Chapter 20.02 and the definitions of the terms GRADE and HEIGHT OF BUILDING which
are attached.
Ordinance No. 1454 established five Height Limitation Zones within the City.
Each Height Limitation Zone was then overlayed on top of an underlying
residential or commercial district or a particular geographic area. In the case
of Corona del Mar, the 24/28 Foot Height Limitation Zone was overlayed on top
of the existing R-1 and R-2 areas. It should be noted that the 24/28 foot
measurement in each case represents a basic height limit with the first figure
representing a height permitted outright and the second figure representing a
height which can be achieved only by use permit.
In addition to the Height Limitation Zones, Ordinance No. 1454 also established
definitions for the terms HEIGHT OF BUILDING and GRADE. In reviewing the term
HEIGHT OF BUILDING, it should be noted that the definition not only permits a
flat roof at the basic height limit, but it also allows a variation in height
up to five feet so long as the average height of a particular roof element does
not extend more than five feet above the permitted or basic height limit.
Therefore, in addition to a flat roof twenty-four feet in height, it is also
possible to design a roof with a pitch, such as gable, mansard or shed, with a
ridge up to twenty-nine feet in height. In addition, these same pitched elements
could be constructed to a height of thirty-three feet or five feet in excess of
the twenty-eight feet permitted by a use permit, provided the four criteria set
forth under Section 20.02.040 can be met.
In reviewing the term GRADE it should be noted that this term is used only to
establish a point of reference from which the height of a building is measured.
In almost every case this is the elevation or lot profile established as part
of a subdivision or resubdivision. Therefore it is possible to change or alter
the elevation or slope of a lot so long as the point of reference for measuring
height is maintained.
TO: City Council - 2
Attached for the information and review of the City Council are several
elevations which have been drawn to illustrate the concepts discussed above.
Respectfully submitted,
JAMgS,D. HEWICKER
Planniag Director
JDH/kk
COUNCIL/SS/CDMHGT.327
Attachments: Excerpts from the Municipal Code and Elevations
Y
HEIGHT LIMITS
_ Chapter 20.02
r
H E I G H T L I M I T S
Chapter 20.02
HEIGHT LIMITS
Sections:
20.02.010
Intent and purpose.
20.02.020
Effect of Chapter.
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.
20.02.070
Fences, Walls, and Plantings.
20.02.080
Church Exception.
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 5 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 5 4
(part), 1972).
20.02.030 HEIGHT LIMITATION ZONES. In addition to the
development standards established in the various districts, there
shall be five (5) height limitation zones within the City. The
designations, locations, and boundaries of these height limitation
zones shall be as shown on the "Official Height Limitation Zones
Map," incorporated herein and made a part hereof by this reference.
In each height limitation zone the maximum permitted height shall be
measured in accordance with the definitions contained in Chapter
20.87.
i
Page 15
HEIGHT LIMITS
Chapter 20.02
A. 24/28 FOOT HEIGHT LIMITATION ZONE. In the 24/28 Foot Height
Limitation Zone the height limit for any structure shall be 24
feet; provided, however, that a structure may exceed 24 feet up
to a maximum of 28 feet after the adoption of a Planned Community
District, or after the adoption of a Specific Area Plan, or after
the approval of a Use Permit. This height limitation zone shall
apply to all R-A, R-1, R-1.5, R-2, and OS Districts.
B. 28/32 FOOT HEIGHT LIMITATION ZONE. In the 28/32 Foot Height
Limitation Zone the maximum height limit shall be 28 feet;
provided, however, that structures may exceed 28 feet up to a
maximum of 32 feet in an adopted Planned Community District, or
after the adoption of a Specific Area Plan, or after the approval
of a Use Permit. This height limitation zone shall apply to all
R-3 and R-4 Districts.
C. 26/35 FOOT HEIGHT LIMITATION ZONE. In the 26/35 Foot Height
Limitation Zone the height limit shall be 26 feet; provided,
however, that a structure may exceed 26 feet up to a maximum of
35 feet after the adoption of a Planned Community District, or
after the adoption of a Specific Area Plan, or after the approval
of a Use Permit. This height ].imitation zone shall apply to all
Zone Districts, other than R-A, R-1, R-1.5, R-2, R-3, and R-4,
within the area known as the Shoreline Height Limitation Zone,
more particularly described as follows:
Beginning at the intersection of the westerly city boundary of Newport
Beach and the centerline of West Coast Highway as established per
Annexation No. 66 of the City of Newport Beach, thence northerly,
easterly and southerly along the city boundary of Newport Beach to the
northerlv line of Annexation No. 25 of said city being the northerly
line of West Coast Highway; thence easterly along said northerly line
of West Coast Highway to the westerly line of Annexation No. 55;
thence northerly along said westerly line to a line parallel with and
250' northerly (measured at right angles) from the centerline of West
Coast Highway; thence easterly along said parallel line to an
intersection with the southwesterly prolongation of the centerline of
Santa Ana Avenue; thence northeasterly along said prolongation and
along the centerline of Santa Ana Avenue to the centerline of Avon
Street; thence easterly along the centerline of Avon Street to the
centerline of Riverside Avenue; thence southwesterly along the
centerline of Riverside Avenue to the centerline of Avon Street;
thence easterly along the centerline of Avon Street and along a line
parallel with and 375' northerly (measured at right angle) from the
centerline of West Coast Highway to an intersection with the
northwesterly boundary line of Tract No. 1221; thence southwesterly,
southerly and easterly along said boundary line and easterly along the
northerly boundary line of Tract No. 1210 to the centerline of Dover
Drive; thence northerly along the centerline of Dover Drive to the
westerly prolongation of the northerly line of Lot 1, Tract No. 1125;
thence easterly along said prolongation and along said northerly line
to the northwesterly line of Upper Newport Bay as established per
Superior Court Case No. 20436; thence northerly and easterly along
Page 16
HEIGHT LIMITS
Chapter 20.02
said line of Upper Newport Bay to Sta. 65 per Superior Court Case No.
20436; thence easterly to a natural contour line having an elevation
of 25.00 ft. above Mean Sea Level; thence easterly along said contour
line to Jamboree Road;thence southerly along Jamboree Road to
Eastbluff Drive; thence southwesterly along Eastbluff Drive to Backbay
Drive as described in the deed recorded in Book 6901, page 207 of
Official Records of orange County; thence westerly along said Backbay
Drive; thence westerly and southerly along Backbay Drive as described
in the deed recorded in Book 1037, page 269 of Official Records of
Orange County to the northwesterly prolongation of the northerly line
of Tract No. 6230; thence easterly along the northerly line of said
Tract to the most easterly corner of. Lot 83 of said Tract; thence
southwesterly along the southeasterly line of said Lot 83 to the
centerline of Vista Del Playa; thence southerly along Vista Del Playa
to the centerline of Vista Del Oro; thence in a southerly direction
along the centerline of Vista Del Oro to the westerly boundary of
Tract No. 5877; thence southerly and easterly along the boundary of
said Tract 5877 and easterly along the southerly boundary of Tract No.
5425 to Jamboree Road; thence southerly along Jamboree Road to the
northerly line of Tract No. 6947; thence westerly along said northerly
line and its westerly prolongation to the last said Backbay Drive;
thence southerly along Backbay Drive to the northerly line of Parcel 2
per map recorded in Book 17, page 3 of Parcel -Maps; thence easterly
along said northerly line of Parcel 2 to the northwesterly line of
Jamboree Road; thence southwesterly, along said northwesterly line of
Jamboree Road to the centerline of Backbay Drive; thence northwesterly
along said centerline to a line parallel with and 100.001
northwesterly (measured at right angles) from the northwesterly line
of Jamboree Road; thence southwesterly 700.001 along said parallel
line; thence westerly in a direct line to a point on a line 150.00
feet south of Sta. 19 as established per Superior Court Case No.
20436, said line being parallel with the centerline of East Coast
Highway; thence westerly along said parallel line to a natural contour
line having an elevation of 25 feet above Mean Sea Level; thence
westerly and southerly along said contour line having an elevation of
25.00 feet above Mean Sea Level to the centerline of East Coast
Highway; thence continuing southerly and easterly along said contour
line to the centerline of Jamboree Road; thence southerly and easterly
along the centerline of Jamboree Road to the centerline of Bayside
Drive; thence southeasterly along the centerline of Bayside Drive to
the centerline of Bayside Place; thence southwesterly along the
centerline of Bayside Place to a natural contour line having an
elevation of 25.00 feet above Mean Sea Level; thence southerly and
easterly along said contour line to the southerly boundary line of
Tract No. 1116; thence southerly along said boundary line of Tract No.
1116 and along the southerly boundary line of Tract No. 3357 to the
easterly city boundary of Newport Beach, as established per Annexation
No. 68; thence southwesterly, westerly and northeasterly along the
city boundary of Newport Beach to the Point of Beginning.
D. 32/50 FOOT HEIGHT LIMITATION ZONE. In the 32/50 Foot Height
Limitation Zone the height limit for any structure shall be 32
feet; provided, however, that a structure may exceed 32 feet up
to a maximum of 50 feet after the adoption of a Planned Community
Y
7
Page 17
HEIGHT LIMITS
Chapter 20.02
District, or after the adoption of a Specific Area Plan, or after
the approval of a Use Permit. This height limitation zone shall
apply to all Zone Districts other than R-A, R-1, R-1.5, R-2, R-3,
and R-4 which have boundaries not falling within the area above
described as the Shoreline Height Limitation Zone, or within the
High -Rise Height Limitation Zone.
E. HIGH RISE HEIGHT LIMITATION ZONE. In the High Rise Height
Limitation Zone the height limit for any structure shall not
exceed 375 feet. (Ord. 1493 S 1, 1973: Prior Ord. 1454 S 4,
1972) .
20.02.035 PLANNED COMMUNITY DISTRICTS. In each Planned
Community District established subsequent to the adoption cuf Chapter
20.02, the height limits shall be established as part of the Planned
Community Development Plan; provided, however, that in no event shall
the development exceed the height limits permitted in the height
limitation zones as set forth under Section 20.02.030 and as
designated below:
A. 24/28 FOOT HEIGHT LIMITATION ZONE.
(1) Upper Newport Bay Planned Community, as established by
Ordinance No. 1537 adopted December 17, 1973 (Amendment No.
409). (Ord. 1554 S 1, 1974).
20.02.040 PLANNING COMMISSION OR CITY COUNCIL REVIEW. The
Planning Commission or City Council in approving any Planned Community
District, any Specific Area Plan, or in granting any Use Permit for
structures in excess of the basic height limit in any zone shall find
that each of the following four points have been complied with:
(a) The increased building height would result in more public
visual open space and views than is required by the basic
height limit in any zone. Particular attention shall be
given to the location of the structure on the lot, the
percentage of ground cover, and the treatment of all setback
and open areas.
(b) The increased building height would result in a more desir-
able architectural treatment of the building and a stronger
and more appealing visual character of the area than is
required by the basic height limit in any zone.
(c) The increased building height would not result in undesir-
able or abrupt scale relationships being created between the
structure and existing developments or public spaces.
Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
(d) The structure shall have no more floor area than could have
been achieved without the Use Permit. (Ord. 1454 5 4
(part), 1972).
CITY OF NEWPORT BEACH pk �I
HEIGHT LIMITATION
ZONES -COMMERCIAL
;• ::.: 26 / 35 FEET
32 / 50 FEET ;
HIGHRISE 375 FT.
NOTE:
ALL R-1, R-1.5, R-2 ZONES 24/28 FEET
ALL R-3, R-4 ZONES 28/32 FEET
I!
i�,�>�,,�.�,��,
Yjfl ljrii)ii'i:iiiiiii ..�a••,'✓'�ij'•�4\ '� vtIRMAs:-•�.^-
.' 1 ':�• �0 .�'� sor,c;a'� _sue. �_
Ju1.v Ye, 1074 —
-11
l
Z
a
m
R
-6-
Page 18
HEIGHT LIMITS
Chapter 20.02
20.02.050 EXISTING STRUCTURES AND PERMITS.
A. Structures which were in existence or under construction on the
effective date of this ordinance, and which do not conform to
these regulations may be continued or altered; provided, that the
changes do not result in a greater nonconformity than was exist-
ing.
B. Structures for which building permits have been issued or for
which use permits have been issued, on the effective date of this
ordinance, and which do not conform to these regulations, may be
constructed according to the approved plans.
C. Proposed structures within a Planned Community District adopted
prior to the effective date of this ordinance may be constructed
in accordance with the height limits contained within the Planned
Community Text; provided, however, that a Use Permit shall be
required for any structure which exceeds the height limits
established by this Chapter.
D. The use permit application fee shall be waived for any single
family home in the R-1 District which is replacing a structure
which was in existence on tie effective date of this Chapter.
E. Structures on the bluff side of Kings Road and Kings Place which
were in existence or under construction on the effective date of
this ordinance may be changed provided' such change does not
result in a roof height above curb which is higher than 16.23
feet and provided further that the roof height does not exceed
the height limit established by the 24/28 Height Limitation
Zone. New structures may be constructed on vacant building sites
subject to the same criteria.
F. Structures on the bluff side of Ocean Boulevard in Corona del
Mar, which were in existence or under construction on the effec-
tive date of this ordinance may be changed provided such change
does not result in a roof height above top of curb and provided
further that the roof height does not exceed the height limit
established by the 24/28 Height Limitation Zone. New structures
may be constructed on vacant building sites subject to the same
criteria. (Ord. 1822 § 1, 1979; Ord. 1793 § 1, 1979; Ord. 1454 §
4 (part), 1972).
20.02.060 CHIMNEYS AND VENTS. Chimneys and vents shall be
permitted in excess of height limits to the minimum extent required by
the Uniform Building Code. All chimneys and vents exceeding the
minimum height required by the Uniform Building Code shall be subject
to the approval of the Planning Commission (Ord. 1696 § 1, 1976: Ord.
1454 § 4 (part), 1972).
20.02.061 ARCHITECTURAL FEATURES AND SOLAR EQUIPMENT.
Architectural features such as, but not limited to, cupolas,
weathervanes, wrought iron railings, and other decorative roof -top
features of an open nature, and solar equipment, may be permitted in
Page 19
HEIGHT LIMITS
Chapter 20.02
excess of height limits subject to the approval of the Planning
Commission. (Ord. 1696 § 2, 1976, and as amended by Ord. 83-18 § 1;
April 27, 1983).
20.02.062 FLAG POLES. Flag poles shall be permitted in the
24/28 and the 28/32 Foot Height Limitation Zones not to exceed a height
of 35 feet. Flag poles shall be permitted in the 26/35 and the 32/50
Foot Height Limitation Zones not to exceed a height of 50 feet. All
other flag poles in excess of the height limits noted above may be
permitted subject to the approval of the Planning Commission. (Ord.
1696 § 3, 1976).
20.02.063 PARAPET WALLS, ELEVATOR AND MECHANICAL PENTHOUSES,
AND MECHANICAL EQUIPMENT. Parapet walls, elevator and mechanical
penthouses, and mechanical equipment (excluding solar equipment), and
other items not expressly permitted in excess of the height limits
shall be prohibited. (Ord. 83-18 § 1, April 27, 1983; Ord. 1696 § 4,
1976).
20.02.064 BOAT CRANES. Boat cranes used in conjunction with
an approved marine -oriented use may be permitted to exceed the basic
height limit applicable to the District in which it is located, up to a
maximum operating height of 70 feet, subject to the approval of the
Planning Commission. (Ord. 88-10 § 1; May, 25, 1988).
20.02.070 FENCES, WALLS, AND PLANTINGS. No fence, wall,
hedge, or screen planting of any kind shall hereafter be constructed or
grown to exceed six feet in height within any required side yard to the
rear of the front line of any main building or in any required rear
yard nor to exceed three feet in height in any required side yard
between the front property line and the required front setback line or
in any required front yard or within fifteen (15) feet of the corner of
any intersecting street rights of way and alley; provided, however,
that in cases where there is a difference of six (6) feet or more in
elevation between the building sites of abutting lots, no fence, wall,
hedge or screen planting shall hereafter be constructed or grown in any
yard area of the lower lot adjacen` to the lot line of the higher lot
to a height in excess of three feet above the elevation of the building
site of the higher lot. Where lots or building sites are laid out or
planned to border a street and overlook a waterway, beach or bluff,
fences, when required as a protective device for a swimming pool or
when needed to protect against a hazardous or unsafe condition existing
because of topography, may be permitted in excess of three (3) feet,
but not to exceed five (5) feet, in those front yards specified in
Section 20.10.030 subject to first securing a use permit in each case.
The Planning Commission may by resolution, adopt such general standards
or conditions for its guidance as it deems necessary to insure to the
adjacent property owners the full use of their land. (Ord. 1454 § 4
(part), 1972; Ord. 88-31, October 12, 1988).
20.02.080 CHURCH EXCEPTION. Church structures used for
church purposes shall be exempt from the restrictions of this Chapter,
except that any such structure exceeding 35 feet in height shall
require a use permit. (Ord. 1454 § 4 (part), 1972).
N
Page 20
HEIGHT LIMITS
Chapter 20.02
20.02.090 AIRPORT HEIGHT LIMITS. Any project which requires
a notice of construction or alteration by the Federal Aviation Admin-
istration Regulations Part 77 shall require FAA compliance, and the
applicant shall submit a copy of the FAA application to the Airport
Land Use Commission (ALUC) and provide the City with FAA and ALUC
responses. If the ALUC requests review of the project, then the
project shall be submitted to the Commission by the City. Commission
determination shall be referred to the City within 60 calendar days
from the date of referral of the application to the ALUC, and shall be
considered before the City takes any action on the project. if the
Commission fails to refer the determination within that period, the
proposed project shall be deemed consistent with the Airport Environs
Land Use Plan (AELUP). (Ord. 85-26, October 23, 1985).
N
20.87.200 GRADE. For the purpose of measuring height, the
grade shall be natural grade unless the Planning Commission approvas a
grading plan or map, or a grading permit has been issued on or before the
effective date of this ordinance (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. In a case where
natural grade or finished grade as referred to herein is, in the judgment of
the Planning Commission, inappropriate or unworkable for the purpose of
measuring height, the Planning Commission shall establish grade in such a
way as to insure that the intent or purpose of Chapter 20.02 is fulfilled.
(Ord. 1454 (part), 1972; Ord. 1404 § 2, 1971).
20.87.205 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. (Ord. 1454 (part), 1972; Ord. 1115, 1965: Ord. 635,
1950: 1949 Code § 9107.28).
If/3
11
271
/-5,
CITY OF NEWPORT BEACH �� c £Cellikit
OFFICE OF THE CITY MANAGER
March 14, 1989� My_ FAQ
�•;� P0,
F•
TO: PLANNING DIRECTOR
FROM: City Manager
SUBJECT: DEFINITION OF GRADE FOR MEASUREMENT OF
HEIGHT REGULATION ON STRUCTURES
During the Study Session of March 13th Councilman
Sansone requested the preparation of the report for placement
on the Study Session of March 27th giving staff's interpreta-
tion for the measurement of height for buildings constructed
in Corona del Mar. It is my understanding that you and/or
members of your staff will prepare said report.
P I Ud L V1__1
ROBERT L. WYNN
RLW:kf