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HomeMy WebLinkAbout94-3 - Amending Title 20 of the Newport Beach Municipal Code so as to Revise Various Sections of the Zoning Code Changing the Calculation of Gross Floor areas to Include those Portions of Residential Buildings or Related Structures Which Span More than OnORDINANCE NO. 94 -3 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 VARIOUS SECTIONS OF THE ZONING CODE • CHANGING THE CALCULATION OF GROSS FLOOR AREAS TO INCLUDE THOSE PORTIONS OF RESIDENTIAL BUILDINGS OR RELATED STRUCTURES WHICH SPAN MORE THAN ONE FLOOR AND WHICH ARE LOCATED OVER UNINHABITABLE AREAS. (PLANNING COMMISSION AMENDMENT NO. 789) 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 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, the Planning Commission, at its December 9, 1993 meeting initiated • amendment procedures so as to make certain revisions to the provisions of the Zoning Code pertaining to the calculation of gross floor areas for residential structures; and WHEREAS, on January 6, 1994, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 789, and at that time voted to recommend that the City Council approve the amendment; and WHEREAS, the Planning Commission has determined that the subject amendment is exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alteration in Land Use Limitations); and WHEREAS, on February 14, 1994, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this ordinance; isNOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 20.11.020 of the Municipal Code is hereby amended to read as follows: BUILDING HEIGHT AND FLOOR AREA LIMIT. A. In the R -1 District in the areas of West Newport and the Balboa Peninsula, the total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides, contained in all buildings on a building site shall not exceed two times the buildable area of the site. In the area designated as Old Corona del Mar, the total gross floor area shall not exceed one and one -half (1.5) times the buildable area of the site. For dwellings and permitted accessory buildings, the building height limit shall be 24/28 as specified in Chapter 20.02. B. In the R -3 and R -4 Districts in the areas of West Newport and the Balboa Peninsula, the total gross floor area contained in all buildings on a building site shall not exceed three times the buildable area of the site; provided, however, that floor area devoted to parking within a building or to decks, balconies or patios open on at least two sides shall not be considered in determining the total floor area allowed. In the area designated as Old Corona del Mar, the total gross floor area shall not exceed one and one -half (1.5) times the buildable area of the site in the R -3, R-4, and MFR Districts. The height limit in the R -3 • District shall be 24/28 feet on the front one -half of the lot and 28/32 feet on the rear one -half of the lot, except where in the opinion of the Planning Commission differences in grade warrant individual consideration. The height limit in the R -4 District shall be 28/32 feet as specified in Chapter 20.02. C. For purposes of calculating the allowable gross floor areas as set forth in Paragraphs A and B above, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. SECTION 2. Section 20.13.025 of the Municipal Code is hereby amended to read as • follows: BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages and carports contained in all buildings on a building site in an R -1 District shall not exceed two times the buildable area of the site. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For dwellings and permitted accessory buildings, the building height limit shall be as specified in Chapter 20.02. • For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula and Corona del Mar, building height and floor area limit regulations are as specified in Section 20.11.020 (A) of Residential Development Standards. SECTION 3. Section 20.14.025 of the Municipal Code is hereby amended to read as follows: BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages and carports contained in all buildings on a building site in an R -1.5 District shall not exceed 1.5 times the buildable area of the site. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings islocated over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For dwellings and permitted accessory buildings, the building height limit shall be specified in Chapter 20.02. SECTION 4. Section 20.15.025 of the Municipal Code is hereby amended to read as follows: BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides or open on one side and unroofed, contained in all buildings on a building site in an R -2 District shall not exceed two times the buildable area of the site. In the area • designated as Old Corona del Mar, as more specifically described under Section 20.11.010 (A), the total gross floor area shall not exceed one and one -half (1.5) times the buildable area of the site. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For dwellings and permitted accessory buildings, the building height limit shall be 24/28 feet as specified in Chapter 20.02. •SECTION 5. Section 20.16.030 of the Municipal Code is hereby amended to read as follows: BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an R -3 District shall not exceed three times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. • For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, building height and floor area limit regulations are as specified in Section 20.11.020 (B) of Residential Development Standards. SECTION 6. Section 20.17.030 of the Municipal Code is hereby amended to read as follows: BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an R -4 District shall not exceed three times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, • further, that in no event shall any building exceed the height limit specified in Chapter 20.02. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, building height and floor area limit regulations are specified in Section 20.11.020 (B) of Residential Development Standards. SECTION 7. Section 20.19.030 of the Municipal Code is hereby amended to read as follows: BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an MFR District shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area; and provided, further, that in no event shall any building exceed the height permitted for the 28/32 Foot Height Limitation District as specified in Chapter 20.02. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be • considered to occupy two floor levels. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, floor area limit regulations are as specified in Section 20.11.020 (B) of Residential Development Standards. Where the provisions of this Section are more restrictive than those of Section 20.11.020 (B), the provisions of this Section shall apply. SECTION 8. Section 20.61.050 of the Municipal Code is hereby amended to read as follows: RESIDENTIAL DEVELOPMENT. It is the intent of this section to implement the • recommendations of the Residential Growth Element of the General Plan which states that "a portion of the commercial strip on the West Coast Highway shall be rezoned to a two- family district that would include appropriate development standards. A. USES PERMITTED. Single family dwellings and duplexes. Accessory uses normally incidental to single residential uses. This is not to be construed as permitting any commercial uses. B. USES REQUIRING USE PERMIT. The following uses shall require a use permit: community centers, clubs, multiple dwellings, apartment dwellings, and dwelling groups containing three or more dwelling units. The Planning Commission before approving a use permit for any development containing three or more dwelling units shall find: • 1. That the development will not be detrimental to or out of character with the surrounding development. 2. That the development does not exceed the density, height, and floor area limits established in this section. 3. That in addition to the basic outdoor living space requirement of ten percent of the buildable area, there will be additional outdoor living space. C. DENSITY LIMITATION. For each dwelling unit up to a maximum of two units, there shall be a minimum of twelve hundred (1200) square feet of lot area. For each dwelling unit in excess of two units, there shall be a minimum of fifteen hundred (1500) • square feet provided that a use permit is first secured for any development in excess of two units. D. BUILDING HEIGHT AND FLOOR AREA LIMIT. 1. BUILDING HEIGHT. For dwellings, the height limit shall be as specified in Section 20.02.030(A) of the Municipal Code. For accessory buildings the height limit shall be fifteen (15) feet. 2. FLOOR AREA LIMIT. The total gross floor area, including basements, garages, and carports contained in all buildings on a building site shall not exceed twice the buildable area. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and • measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. E. OUTDOOR LIVING AREA. In addition to the required yards and separations between detached buildings, there shall be provided an outdoor living area of at least ten percent of the buildable area equally distributed between each dwelling unit. Said area may be combined provided the combined area is accessible and available for the use of each . dwelling. Said area shall have a minimum dimension of six (6) feet and may be in the form of open land area, a deck, a balcony, a porch or patio. Said area may be roofed but shall remain unenclosed on at least one side. In no event shall said area be placed on the roof • of the second story. F. YARDS. 1. FRONT YARDS. Front yards shall be a minimum of five (5) feet. 2. SIDE YARDS. Each side yard shall not be less than three (3) feet wide on building sites forty (40) feet wide or less, or four (4) feet on sites wider than forty (40) feet; provided, that the side yard on the rear twenty (20) feet of the of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. 3. REAR YARDS. Rear yards shall be a minimum of five (5) feet. 4. BETWEEN DETACHED BUILDINGS. Minimum ten (10) feet. 5. SETBACK FROM COAST HIGHWAY. Structures designed for residential occupancy shall be located a minimum of eighteen (18) feet from the Coast Highway right -of -way. G. AUTOMOBILE STORAGE OR PARKING SPACE. For each dwelling unit there shall be a minimum of two covered parking spaces. On lots less than fifty (50) feet in width tandem parking shall be permitted provided that the forward space is an enclosed garage, and the rear space is unenclosed on at least three (3) sides. SECTION 9. 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 10. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of January, 1994, and adopted on the 14th day of February, 1994, by the following vote, to wit: • AYES, COUNCIL MEMBERS SANSONE, WATT, TURNER. HART. COX. DERAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDCEs MA-YOR ATTEST: is