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Home My WebLink About9955 - Amendment 556 - Harbor View HillsRESOLUTION NO. 9955 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE PLANNED COMMUNITY DEVELOPMENT PLAN FOR HARBOR VIEW HILLS TO DELETE REFERENCE TO THE TWO -STORY HEIGHT LIMIT FOR RESIDENTIAL CONSTRUCTION AND TO CHANGE THE HEIGHT LIMIT OF 35 FEET TO 32 FEET, AND ACCEPTING THE ENVIRONMENTAL DOCUMENT (Amendment No. 556) WHEREAS, Section 20.51.045 of the Newport Beach Municipal Code provides that final amendments to a Planned Community Development Plan must be approved by a resolution of the City Council setting forth full particulars of the amendments; and WHEREAS, the Planning Commission conducted a public hearing on December 4, 1980, at which time it considered certain amendments to the Planned Community Development Plan for Harbor View Hills to delete reference to a two -story height limit for residential construction and to change the height limit of 35 feet to 32 feet; and WHEREAS, at said public hearing the Planning Commission adopted Resolution No. 1059 recommending to the City Council that certain amendments to the Planned Community Development Plan for Harbor View Hills, as set forth in Exhibit "A" attached hereto and by this reference made a part hereof, be adopted; and • WHEREAS, the City Council finds and determines that said amendments to the Planned Community Development Plan for Harbor View Hills as set forth in said Exhibit "At1 are desirable and necessary; and WHEREAS, the City Council has conducted a public hearing on the proposed amendments in accordance with all provisions of law, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby approves the proposed amendments to the Planned Community Development Plan for Harbor View Hills to delete reference to the two -story height limit for residential construction and to change the height limit of 35 feet to 32 feet, as set forth in Exhibit "A" attached hereto. BE IT FURTHER RESOLVED that the environmental document is hereby accepted. ADOPTED this 12th day of January , 1981. ATTEST: vt.� d�4iC/ o ity� Clerk • Q� - c°4° yor 2 ° kv 010581 W SECTION IV. LOW MEDIUM DENSITY RESIDENTIAL AREAS 1, 2.314, & 7 • These areas are intended to provide primarily for single family residential housing and related community facilities developed under generally level topographic conditions. iA. Permitted Uses 1. Single family dwellings, detached and attached. 2. Conventional subdivisions and conventional subdivisions on a Planned Community concept. 3. Cluster developments, subject to the approval of a Use Permit. 4. Parks, playgrounds, recreation or open space and green areas, riding, ( hiking and bicycle trails and related facilities of a non - commercial 1 nature. 5. Accessory buildings, structures and uses where related and incidental to a permitted use. 6. One (1) on -site unlighted sign, not exceeding two (2) square feet in area, to advertise the lease, rental or sale of the property upon which it is located. Such sign may show only the name, address and telephone number of the owner; but shall not show the name, address, telephone f number or any other description or identification of any person, firm or i corporation other than the owner of said property. I I 7. Community recreational facilities and structures, subject to the development standards contained in Section IX, Community Facilities, of this ordinance. B. Average Area Per Dwelling An average area of 7,000 square feet shall be provided for each dwelling unit in Areas 1, 2; 3, 4, and 7. For the purpose of this section, average area per dwelling shall mean the average of all developed areas (to include parks, recreational and permanent open space) exclusive of areas dedicated for vehicular rights -of -way divided by the total. number of dwelling units. C. Maximum Building Height All buildings shall comply with the height restrictions established by y�4iQ City for this area. �E- no-heighe bimrits- have -here e4ea4iesi+ed -iar ehis- till c� apear. sleet• The maximum height of all buildings shall be thirty -Five - fY"4t_wo hJlt (32 )feet tnd- toro- (4i- sCmies; and shall be measured in accordance with the Newport Beach Municipal Code. I I N 1 7 SECTION V. HILLSIDE LOW MEDIUM DENSITY. RESIDENTIAL AREAS 99109&12 • This area is intended to provide primarily for single family residential housing and related community facilities developed under hillside topographic conditions. A. Permitted Uses 1. Single family dwellings, detached and attached. 2. Conventional subdivisions and conventional subdivision on a Planned Community concept. 3. Cluster developments,'subject to the approval of a Use Permit. 4. Parks, playgrounds, recreation or open apace and green areas, riding, hiking and bicycle trails and related facilities of a non - commercial nature. 5. Accessory buildings, structures and uses where related and incidental to a permitted use. 6.• .One (1) on -site unlighted sign, not exceeding two (2) square feet in area, to advertise the lease, rental or sale of the property upon which C it is located. Such sign may show only the name, address and telephone number of the owner,' but shall not show the name, address, telephone number or any other description or identification of any person, firm or corporation other than the owner of said property. 7. Community recreational facilities and structures, subject to the development standards contained in Section LB, Community Facilities, of this ordinance. S. Signs contained in Section X,' Signs, of thi's ;ordinance, subject to the criteria contained in said section. B. Minimum Lot Size A minimum lot size of 6,000 square feet shall be provided. However, -an average area of 7,000 square feet shall be provided for each dwelling unit. For the purpose of this section, average area per dwelling shall mean the average of all developed areas (to include parks, recreational. and permanent open apace) exclusive of areas dedicated for vehicular rights-of -way divided. by the total number of dwelling units. r t• ' EXHIBIT '4 PAGE OF • —10— - • C �y 9 • 0 C. Maximum Building Height All buildings shall comply with the height restrictions established by the City for this area. -14--so- height- ""te- have- beetrestablisked- for -049- -ereaT phew fhe maximum height of all buildings shall be thirty -6i"436)two (Ii feet and. -two (3)- &""e -&,- and shall be measured in accordance with the Newport Beach Municipal Code. D. Setbacks from Streets The following minimum setbacks shall apply to all dwelling structures (not to include garden walls or fences) hdjacent to streets. Said setbacks are to be measured from the ultimate right -of -way line. However, the Community Development Director may, upon submittal of a tenta- tive subdivision map, review said map in view of setbacks listed in this ordinance and /or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commis- sion for a determination. tih the case of modification or disapproval, the applicant may appeal to the P1anng,Commission for further consideration. Street Designation Major and Primary Local Collector Local Street Setback from Ultimate Right -of -Way Line 20 10, 10' Garage and carports shall conform to the building setback requirements above except that when the garage or carport faces the access street, a setback of five (5) feet or a minimum of twenty (20) feet shall be observed. Said setback shall be measured from back of curb, or in the event sidewalks are constructed, from back of sidewalk. E. Setbacks from Property Lines All setbacks listed under this section refer to all property lines not affected by the requirements of Sub - Section D above. Dwellings may orient toward the streetside property line or the opposite property line in order to take advantage of view conditions. The minimum setbacks shall be: Rear or Front Yard Ten (10) feet. Side Yard Five (5) feet, provided that a minimum of ten (10) feet is provided between a structure on the immediately adjacent lot. -11- EXHIBIT A PAGE '3 �F s SECTION V1. HILLSIDE LOW MEDIUM DENSITY RESIDENTIAL AREA 11 • This area is intended to provide primarily for single family residential housing and related community facilities developed under hillside topographic conditions. A. Permitted Uses 1. All those uses ,permitted in Section V of this text subject to the following development standards therein. 2. Cluster or townhouse developments subject to Development Plan review by Planning Commission. 3. Parks, playgrounds, recreation or open space and green areas, riding, hiking and b$egcle trails and related facilities of a non - commercial nature. 4. Accessory buildings, structures and uses where related and incidental to a permitted use. 5.• One (1) on -site unlighted sign, not. exceeding two (2) square feet in area, to advertise the lease, rental or sale of the property upon which it is located. Such sign may show only the name, address and telephone number of the owner, but shall not show the name, address, telephone number or any other description or identification of any person, firm or corporation other than the owner of said property. 6. Community recreational facilities and structures, subject to the devel- opment standards contained in Section IX, Community Facilities, of this ordinance. 7. Signs contained in Section X, Signs, of this ordinance, subject to the criteria contained in said section. B. Minimum Area Per Dwelling Unit A minimum lot of 1,500 square feet shall be provided. However, an average area of 4,000 square feet shall be provided for each dwelling unit. For the purpose of this section, average area per dwelling shall mean the average of all developed areas (to include parks, recreational and permanent open space) exclusive of areas dedicated for vehicular rights -of -way divided by the total number of dwelling units. �O C. Maximum Building Height � All buildings shall comply with the height restrictions established by , 7 the City for this area. 44- eo- het9he 44m44s -hawe- bean- es4a"isae6- Eer-- clog. - &seam -rhe maximum height of all buildings shall be thirtyYive -0+r tWo (52 feet end- -ewo- M etorieez and shall be measured in accordance with the Newport Beach Municipal Code. EXH"IS« . 10 r 19JIr�'l�� GaP 0 0 SECTION V11. MEDIUM HIGH DENSITY RESIDENTIAL AREAS S 5.13 These areas are intended to provide for multiple family residential housing and related community facilities developed under hillside topographic conditions. A. Permitted Uses 1. All uses fasted in Section IV, Low'Medium Density Residential, and Section V, Hillside Low Medium Density Residential, subject to the design standards listed in those sections. , 2.• Apartments, subject to the design standards listed in Sub - Section B through H of this section. 3. Condominiums. B. Minimum Lot Size A minimum lot size of 7,200 square feet shall be required. However, to determine site density, a minimum average area of 1,200 square feet shall be provided for each dwelling unit in Area 8 and 1,500 square feet shall be provided for each dwelling unit in Area 13. For the purpose of this ordi- nance, average area per dwelling shall mean the average of all developed . areas on site (to include parks, recreational and permanent open space), exclusive of areas designated as public streets divided by the total number of dwelling units. C. Maximum Building Height All buildings shall comply with the height restrictions established by the City for this area. - lf rave - been - established- far -Nris -&rear— the1%--'Ehe maximum height of all .buildings shall be thirty- five+W- two (32 )feet e&nd•- bwo— (3)— s4sr*eawl and shall be measured in accordance with the Newport Beach Municipal Code. D. Setbacks from Streets The following minimum setbacks shall apply to all structures (not to include garden walls or fences) , adjacent to streets. Said setbacks shall be measured from the ultimate right -of -way line. However, the Community Development Director may, upon submittal of a tenta- tive subdivision map or preliminary site plan, review said map, or plan in view of setbacks listed in this ordinance and /or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. -16- EXH181T - p PAGE . - - OF