HomeMy WebLinkAbout2004-3 - Proposing an amendment to section 20.65.070 of the NBMC to allow elevator shafts in excess of 25 square feet in area to exceed applicable height limits, by no more than 5 feet, when mandated by the Building Code and Fire Department.ORDINANCE NO. 2004 -3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TITLE
20 OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO SECTION 20.65.070(B) EXCEPTIONS TO
HEIGHT LIMITS [CODE AMENDMENT NO. 2003 -010]
WHEREAS, on January 13, 2004, the City Council of the City of Newport Beach
initiated an amendment to Title 20 of the Newport Beach Municipal Code to amend Section
20.65.070(B) of the Municipal Code; and
WHEREAS, on February 5, 2004, the Planning Commission of the City of Newport
Beach held a noticed public hearing regarding this code amendment; and
WHEREAS, the Planning Commission voted unanimously to recommend approval
of this code amendment to the City Council; and
WHEREAS, on February 24, 2004, the City Council of the City of Newport Beach
held a noticed public hearing regarding this code amendment; and
WHEREAS, pursuant to the California Environmental Quality Act, the proposed
amendment is exempt from environmental review pursuant to section 15305, minor
alterations in land use limitations, of the implementing guidelines of CEQA since the
amendment to the Zoning Code allows only a modest increase in elevator size permitted to
exceed height limits and only to the extent required to satisfy Fire Department and Building
Department life /safety requirements.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to
revise Section 20.65.070(B) of the Municipal Code as provided in Exhibit "A ".
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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.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on February 24, 2004, and adopted on the 9th day of March 2004, by
the following vote, to wit:
ATTEST:
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CITY CLERK
AYES, COUNCIL MEMBERS Heffernan, Rosansky,
Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
MAYOR
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EXHIBIT "A"
Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened
mechanical equipment, totaling no more than 25 square feet, shall be permitted up to 5
feet in excess of the height limits. Elevator shafts may exceed 25 square feet only when a
larger elevator is required by the Building Code and /or Fire Department. In these instances,
the area of the elevator shaft shall not exceed the minimum size required by the Building
Code and /or Fire Department.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVOATNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven, that the foregoing
ordinance, being Ordinance No. 2004 -3 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day
of March 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of March 2004.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2004 -3 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: March 13, 2004.
In witness whereof, I have hereunto subscribed,my name this 179 day of
r41z111a
City Clerk
City of Newport Beach, California