HomeMy WebLinkAbout04 - Height of Fences, Hedges, Walls and Retaining Walls - 2nd reading.pdf�EWPOR CITY OF
NEWPORT BEACH
Uc9 ®'r City Council Staff Report
Agenda Item No. 4
April 10, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: James Campbell, Principal Planner
APPROVED:, A k-/W
TITLE: Height of Fences, Hedges, Walls and Retaining Walls
Code Amendment No. CA2012- 001(PA2012 -018)
ABSTRACT:
Adoption of ordinance approving Code Amendment No. CA2012 -011 amending
Sections 20.30.040 and 20.30.060 of the Newport Beach Municipal Code related to the
height and design of fences, hedges and walls. On March 27, 2012, the City Council
conducted a public hearing and introduced the ordinance.
RECOMMENDATION:
Conduct a second reading and adopt Ordinance No. 2012 -11 (Attachment No. CC1)
approving Code Amendment No. CA2012 -011 amending Sections 20.30.040 and
20.30.060 of the Newport Beach Municipal Code.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Sub tted by:
Kimberly Brandt, A
Community Devel en Director
Attachments: CC1 Ordinance No. 2012 -11
1
2
ORDINANCE NO. 2012 -11
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF
NEWPORT BEACH APPROVING CODE AMENDMENT NO.
CA2012 -001 REGARDING THE HEIGHT OF FENCES, HEDGES,
WALLS AND RETAINING WALLS (PA2012 -018).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The City adopted a comprehensive update of the Zoning Ordinance in October of 2011.
The provisions establishing the height of height of fences, hedges, walls and retaining
walls in setback areas for properties in low lying areas were changed.
2. The change in regulations has resulted in taller fences and walls within side and front
yards that are out of neighborhood character.
3. The Planning Commission conducted a public hearing on March 8, 2012, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this meeting. At the conclusion of the hearing, the Planning
Commission, the Commission adopted Resolution No. 1871 recommending adoption of
Code Amendment No. CA2012 -001.
4. A public hearing was held on March 27, 2012, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
All significant environmental concerns for the proposed amendment have been addressed in a
previously certified environmental document (Initial Study /Negative Declaration for the Zoning
Code Update), and that the City of Newport Beach intends to use said document for the above
noted project, and further that there are no mitigation measures that should be considered in
conjunction with said project. Copies of the Initial Study /Negative Declaration for the Zoning
Code Update are available for public review and inspection at the Planning Division at City Hall.
SECTION 3. FINDINGS
Amending current regulations regarding the height and design of fences, hedges, walls and
retaining walls within setback areas is necessary to preserve neighborhood character.
2. The proposed amendment will establish a reasonable maximum height limit for fences,
hedges, walls and retaining walls within side and rear yard setback areas. The amendment
will also require a significant portion of said fence, hedge, wall or retaining wall above 6 feet
3
ORDINANCE NO. 2012 -11
Page 2 of 3
in height from existing grades to be of open or semi - transparent construction allowing
adequate protection from the loss of light and air within side yards due to the increase in
allowable height.
3. The proposed amendment will lower the maximum achievable height of fences, hedges,
walls and retaining walls within front yard setback areas of low lying areas (principally Balboa
Island, West Newport and the Balboa Peninsula) thereby preserving the existing
neighborhood character that is made up of lower walls adjacent to public sidewalks and the
waterfront.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
1. Section 20.30.040 and Section 20.30.060 of the Newport Beach Municipal Code are
hereby amended as provided in Exhibit "A ".
2. If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
3. This action shall become final and effective thirty days after the adoption of this
Ordinance.
4. 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 the 27th day of March, 2012, and adopted on the 10th day of April, 2012, by
the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
Nancy Gardner
11
ATTEST.
Leilani Browr, City Clerk
APPROVED AS TO FORM.
OFFICE OF CITY ATTORNEY:
Leonie Mulvihill, Assistant City Attorney for
Aaron Harp, City Attorney
ORDINANCE NO. 2012 -11
Page 3 of 3
J
NO
EXHIBIT "A"
Code Amendment No. CA2012 -001
Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls)
Section 20.30.060 (Height Limits and Exceptions)
7
2
Amendment CA2012 -001
20.30.040 Fences, Hedges, Walls, and Retaining Walls.
Page 1/5
This section provides standards for the provision of fences, hedges, walls, and
retaining walls.
A. Maximum Height Allowed.
1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and
walls are shown in Table 3 -1.
TABLE 3 -1
MAXIMUM HEIGHT OF FENCES, HEDGES, ARID WALLS
Location
Maximum Height
Front setback areas.
42 inches. See subsection (B) of this section.
Rear and interior side setback areas.
6 feet in residential and commercial zoning districts.
C feel in fn r eirlenfi�l
uses.
ReaFSetback areas abutting or adjacent to
the waterfront of Newport Bay, the
shoreline of the Pacific Ocean, the Old
Channel of the Santa River (the Oxbow
Loop), or the channels in West Newport.
42 inches from existing grade prior to construction._
Setback areas on Balboa Island and little Balboa Island
that are abutting or adjacent to Newport Bav are regulated
by subsection (B) below.
At intersections of streets, alleys and
driveways within traffic sight areas.
See Section 20.30.130 (Traffic Safety Visibility Area).
2. Retaining Walls. The maximum height of a retaining wall shall be eight feet
measured from finish grade at the base of the wall, not including any required
guardrails. A minimum horizontal separation equal to the height of the tallest retaining
wall shall be provided between retaining walls, except that the required separation shall
not be more than six feet. The above requirements shall not apply to retaining walls that
are an integral part of principal structures. An increase in the height of a retaining wall
may be requested in compliance with Section 20.52.050 (Modification Permits).
B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa
Island, Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and
North Bay Front and South Bay Front on Balboa Island fences and walls shall be
allowed to extend to a height of five feet;.provided, that any portion of the fence or wall
above two feet shall be constructed of open grillwork, wrought iron, latticework, pickets,
Plexiglas, or similar materials so that at least forty (40) percent of the portion of the
fence or wall above two feet is open. See Figure 3 -1.
9
Amendment CA2012 -001
C. Exceptions to Maximum Height.
Page 215
1. Grade Differential. Where the existing or proposed grade of a lot adjacent
to the front setback area is more than twenty -four (24) inches above the adjacent
sidewalk (or curb elevation where no sidewalk exists), a maximum twenty -four (24) inch
high retaining wall shall be allowed to be located at the front property line. Additional
retaining walls shall be allowed to a maximum height of thirty -six (36) inches each,
provided they are set back a minimum distance of twenty -four (24) inches from the
inward face of the previous retaining wall. Additional retaining walls shall be subject to
the same limitation. A maximum forty -two (42) inch guard rail shall be allowed atop the
uppermost retaining wall for safety purposes, provided the guard rail is constructed of
open grillwork, wrought iron, latticework, pickets, or similar materials so that at least
forty (40) percent of the fence is open. See Figure 3 -1.
2. Decorative Fence/Wall Details and Lights.
a. Finials, light fixtures, pilaster caps, pots, and similar decorative items
may be placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts,
etc.), provided they are secure and do not extend more than twelve (12) inches above
the maximum allowed height.
b. The number of decorative items (e.g., finials, pilaster caps, pots, and
similar items) and light fixtures shall be limited to not more than one item or fixture for
every six lineal feet of fence or wall.
3. Fencing for Pools and Spas.
a. Swimming pools, spas, and other similar features shall be fenced in
compliance with Title 15.
b. Fencing and guardrails for ponds, spas, and swimming pools located in
a front setback area or in the rear and side setback areas regulated as front setback
areas on lots with forty -two (42) inch height limitations may be allowed to exceed the
height limit in compliance with the following standards:
i. Fences shall be constructed of open grillwork, wrought iron,
latticework, pickets, or similar materials so that at least forty (40) percent of the fence or
wall is open. In lieu of the above, glass or Plexiglas may be allowed; and
ii. Fence height shall be limited to the minimum required by Title 15.
10
Amendment CA2012 -001
Sidewalk
S' 10"
Pedestrian
Sidewalk
40 Percent Open
Construction
Required
5'10"
Pedestrian
0
2' -0"
40 Percent Open
Construction
Req „i..>ci
c
c
rN
Existing Grade
Existing
Grade
'+1
0
ivm
Figure 3 -1
Grade Differential at Front Property Line
Page M
4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential
lots adjacent to nonresidential zoning districts or commercial alleys fences, walls, or
hedges may be up to eight feet in height in required residential side yards for buffering
and /or sound attenuation.
5. Residential Lots where the too of slab is required to be raised to 9.0
NAVD88 and where the grade of the lot is proposed to be increased. The height of
fences and walls within required side and rear yard setback areas may be increased
11
Amendment CA2012 -001
Page 415
provided the height does not exceed 6 feet as measured from the proposed finished
grade and 9 feet as measured from the existing grade prior to construction. Additionally,
the height of fences or walls shall not exceed 9 feet as measured from the existing
grade of an abutting lot. The portion of the fence or wall above 6 feet in height from the
existing grade prior to construction shall be constructed often grillwork. wrought iron,
latticework. pickets. or similar materials so that at least sib (60) percent of the fence or
wall is open or is constructed of a transparent material.
D. Measurement of Fence or Wall Height.
The height of a fence, hedge, or wall shall be measured from the lowest
existing grade prior to construction at the location where the fence: hedge, or wall is
located.
IN
12
Amendment CA2012 -001
Figure 3 -2
Fence Height
Page 515
E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and
other similar materials shall not be allowed in residential zoning districts. (Ord. 2010 -21
§ 1 (Exh. A)(part), 2010)
13
Amendment CA2012 -001 Page 115
20.30.060 Height Limits and Exceptions.
A. This section establishes regulations for determining compliance with the
maximum allowable height limits established for each zoning district by Part 2 of this
title (Zoning Districts, Allowable Land Uses, and Zoning District Standards).
B. Height of Structures and Measurement.
1. Structure Height Established. Structures shall not exceed the maximum
allowable height for the zoning district in which the structure is located, except as
provided in subsection (C) of this section (Increase in Height Limit) or subsection (D) of
this section (Exceptions to Height Limits).
2. Height Measurement. Height shall be measured as the vertical distance
from the established grade of the pad to the highest part of the structure, including any
protective guard rails and parapet walls. Structures with sloping roofs shall be measured
to the highest peak of the roof. Structures with flat roofs shall be measured to the top of
the roof, guard rail, or parapet wall. The established grade of the pad shall be
determined by one of the methods identified in Section 20.30.050 (Grade
Establishment).
3. Flood Hazard Areas.
a. Finished First Floor Elevation. The minimum required f",i ; st-
ffeeFtop of slab elevation for interior living areas of all new structures within flood hazard
areas shall be as established by the Flood Insurance Rate Maps recognized by the
Building Division Depfit as part of flood safety requirements and maps adopted by
the Council. Notwithstanding the building elevations established by the Flood Insurance
Rate Maps, the minimum required top of slab gfeufA-4eer-finished fleoF elevation for
interior living areas of all new structures shall be at least 9.00 (NAVD 88).
b. Height Measurement.. The height of a principal structure shall be
measured from the top of slab elevation_ of the f,RiShea fi.St flee. iRGIUdiRg habitable
fleer •. 0VeF a gaFage atheF ., nhabi table s
G. AGGes ene StFUGtWes. The height of a Mr G y he
Mea° ed- f.e e'tt.e. the a istiRg a ade of the Ve.t OF the eleyatioR established by the
Fleed IRSLIFaRGe Rate Maps.
C. Accessory Structures.
i. The height of accessory structures, except fences. hedges, walls.
and retaining walls (see Section 20.30.040), shall be measured from existina
grade of the lot prior to construction.
ii. Exception: When a new principal building is required to have the
top of slab constructed at elevation 9.00 NAVD88 and when the grade
surrounding the new principal building is proposed to be increased. the height of
accessory structures shall be measured from the proposed finished grade.
4. Structures on Ocean Boulevard. New structures and additions /changes to
existing structures on the bluff side of Ocean Boulevard in Corona del Mar shall not be
constructed to a height greater than the elevation of the adjacent curb. The top of curb
height limit shall be established by a plane created by the extension of the top of curb
line across each lot.
C. Increase in Height Limit.
14
Amendment CA2012 -001 Page 215
1. Procedure. The base height limits established in Part 2 of this title (Zoning
Districts, Allowable Land Uses, and Zoning District Standards) may be increased within
specified areas with the adoption of a Planned Community District, adoption of a
specific plan, or approval of a planned development permit, or site development review.
The maximum height limit is not guaranteed by right and shall require approval of a
discretionary action when all applicable findings are met in compliance with subsection
(C)(3) of this section (Required Findings). Height limits established as part of an
adopted planned community shall not be subject to this subsection.
2. Height Limit Areas. The height limit areas shalt be as follows:
a. R-A, R -1, R -BI, and R -2 Zoning Districts Height Limit Area. In this height
limit area the base height limit for structures with flat roofs is twenty -four (24) feet
(including guard rails and parapet wails) and the base height limit for structures with
sloped roofs is twenty -nine (29) feet. The height of a structure may be increased up to a
maximum of twenty -eight (28) feet with a flat roof or thirty -three (33) feet with a sloped
roof through the approval of a discretionary application as provided above. This height
limit applies in all R -A, R -1, R -BI, and R -2 Zoning Districts as shown on the Zoning Map.
b. RM and RMD Zoning Districts Height Limit Area. In this height limit area
the base height limit for structures with flat roofs is twenty -eight (28) feet (including
guard rails and parapet walls) and the base height limit for structures with sloped roofs
is thirty -three (33) feet. The height of a structure may be increased up to a maximum of
thirty -two (32) feet with a flat roof orthirty- seven_(37) feet with a sloped roof through the
approval of a discretionary application as provided above. This height limit applies in all
RM and RMD Zoning Districts as shown on the Zoning Map.
C. Nonresidential, Shoreline Height Limit Area. In this height limit area the
base height limit for nonresidential and mixed -use structures with flat roofs is twenty -six
(26) feet and the base height limit for structures with sloped roofs is thirty -one (31) feet.
The height of structure may be increased up to a maximum of thirty -five (35) feet with
a flat roof or forty (40) feet with a sloped roof through the approval of a discretionary
application as provided above. The shoreline height limit shall apply to all nonresidential
zoning districts and mixed -use zoning districts within the boundaries of the Shoreline
Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See
Map H -1, attached to the ordinance codified in this title).
d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area
the base height limit for nonresidential and mixed -use structures with flat roofs is
thirty -two (32) feet and the base height limit for structures with sloped roofs is
thirty -seven (37) feet. The height of a structure may be increased up to a maximum of
fifty (50) feet with a flat roof or fifty -five (55) feet with a sloped roof through the approval
of a discretionary application as provided above. This height limit shall apply to all
nonresidential, nonshoreline zoning districts and mixed -use zoning districts within its
boundaries. The nonresidential, nonshoreline height limit area is identified as all of the
area outside the Shoreline Height Limit Area shown on the High Rise and Shoreline
Height Limit Areas Map (See Map H -1, attached to the ordinance codified in this title).
e. High Rise Height Area. In this height limit area, the maximum height
limit shall be three hundred (300) feet and no further increase to the maximum allowed
height is available. This height limit is applicable to all nonresidential zoning districts
within its boundaries as indicated on the High Rise and Shoreline Height Limit Areas
15
Amendment CA2012 -001 Page 315
Map (See Map H -1, attached to the ordinance codified in this title). Proposed projects
within this height limit area shall comply with the requirements of subsection (E) of this
section (Airport Environs Land Use Plan for John Wayne Airport and Airport Land Use
Commission Review Requirements).
3. Required Findings. The review authority may adopt a Planned Community
District, adopt a specific plan, or approve a planned development permit or site
development review to allow an increase in the height of a structure above the base
height only after first making all of the following findings in addition to the findings
required for the discretionary permit application:
a. The project applicant is providing additional project amenities beyond
those that are otherwise required. Examples of project amenities include, but are not
limited to:
i. Additional landscaped open space;
ii. Increased setback and open areas;
iii. Enhancement and protection of public views; and
b. The architectural design of the project provides visual interest through
the use of light and shadow, recessed planes, vertical elements, and varied roof planes;
C. The increased height will not result in undesirable or abrupt scale
changes or relationships being created between the proposed structure(s) and existing
adjacent developments or public spaces. Where appropriate, the proposed structure(s)
provides a gradual transition to taller or shorter structures on abutting properties, and
d. The structure will have no more floor area than could have been
achieved without the approval of the height increase -
D. Exceptions to Height Limits.
1. Assembly and Meeting Facilities. Structures used as places of worship may
be allowed to exceed the height limit subject to the approval of a site development
review in compliance with Section 20.52.080. Where more than one structure exists or
is proposed for the site, only the principal structure shall be eligible for approval to
exceed the maximum height limit.
2. Architectural Features. Architectural features (e.g., cupolas, weathervanes,
and other decorative rooftop features) of an open nature, but excluding guardrails,
parapet walls, and similar features, may be allowed up to the height limit for a sloped
roof. Architectural features with a height greater than that allowed for a sloped roof shall
be subject to the approval of a modification permit.
3. Boat Cranes. Boat cranes used in conjunction with an approved
marine - oriented nonresidential use may be allowed to exceed the maximum height limit
up to a maximum operating height of seventy (70) feet, subject to the approval of a
minor use permit.
4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and
roof - mounted vents shall be allowed to exceed the allowed height limits as follows:
a. Chimneys may extend above the allowed height limit a maximum of two
feet or a greater height if required by the City's Building Code;
b. Spark arrestors may extend above the top of a chimney a maximum of
two feet, provided they do not exceed a width of two feet and a length of four feet; and
10
Amendment CA2012 -001 Page 4/5
C. Roof- mounted vents may extend above the allowed height limit a
maximum of twelve (12) inches or a greater height if required by the City's Building
Code.
5. Dormers. Dormers may be allowed to exceed the maximum height;
provided, that:
a. The total width of the dormer that exceeds the height limit shall not be
greater than thirty -five (35) percent of the length of the side of the structure where the
dormer is located;
b. The roof pitch of the dormer shall not be less than 2:12; and
C. The peak of the dormer shall not be higher than the peak of the roof on
which it is located.
6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell
housings may exceed the allowed height limit by the minimum height required by Title
15 (Building and Construction), provided they do not exceed thirty (30) square feet in
area, unless a larger elevator is required by Title 15 and /or the Fire Department. In
these instances, the area of the elevator or stair housing shall not exceed the minimum
size required by Title 15 and /or the Fire Department. Elevator shafts and enclosed
stairwell housings that exceed thirty (30) square feet in area shall have sloped roofs
with a minimum 3/12 pitch.
7. Fences, Hedges, and Walls. Section 20.30.040 (Fences, Hedges, Walls,
and Retaining Walls) sets forth exceptions to height limits for these structures.
8. Flag Poles.
a. Ground - mounted flag poles shall be allowed in residential zoning
districts to a maximum height of twenty -eight (28) feet and in nonresidential zoning
districts to a maximum height of thirty -five (3'5) feet.
b. Flag poles mounted on tops of buildings located in nonresidential
zoning districts shall be allowed to exceed the maximum height limit by up to twenty
(20) feet.
9. Landmark Buildings. An alteration or addition to a landmark building shall
be exempt from height limits; provided, that structural alterations or additions that
exceed the height of the existing structure shall require approval of a site development
review in compliance with Section 20.52.080 and shall not exceed a maximum of
fifty -five (55) feet in height. The site development review may be approved only if all of
the following findings are first made in addition to those findings identified in Section
20.52.080:
a. The portion of the structural alteration or addition that exceeds the
height of the existing structure does not significantly impact public views from public
rights -of -way.
b. The portion of the structural alteration or addition that exceeds the
height of the existing structure will not be used in a manner that increases the intensity
of the use of the landmark building.
C. The allowed height of the landmark building will not be detrimental to
the health, safety, peace, comfort, or general welfare of persons residing or working in
the neighborhood of the landmark building.
10. Light Standards. Light standards may be allowed to exceed maximum
height limits, subject to the approval of a site development review in compliance with
17
Amendment CA2012 -001 Page 5/5
Section 20.52.080. All light fixtures and standards shall comply with the requirements of
Section 20.30.070 (Outdoor Lighting).
11. Mechanical Equipment.
a. Nonresidential Zoning Districts. In nonresidential zoning districts,
roof - mounted mechanical equipment, totaling not more than thirty (30) percent of the
total roof area, including required screening devices, shall be allowed to exceed the
maximum height limit by up to five feet.
b. Residential Zoning Districts. In residential zoning districts, roof - mounted
equipment is not allowed to exceed the maximum height limit for the zoning district.
12. Solar Equipment. The height limit regulations in this Zoning Code do not
apply to equipment and panels used for the production of solar energy.
13. Skylights and Roof Windows. Skylights or roof windows shall be allowed
to exceed the maximum height limit by up to six inches on conforming roofs.
E. Airport Environs Land Use Plan ( AELUP) for John Wayne Airport and Airport
Land Use Commission (ALUC) Review Requirements.
1. AELUP Requirements.
a. Buildings and structures shall not penetrate Federal Aviation Regulation
(FAR) Part 77, Obstruction — Imaginary Surfaces, for John Wayne Airport unless
approved by the Airport Land Use Commission (ALUC).
b. In compliance with FAR Part 77, applicants proposing buildings or
structures that penetrate the 100:1 Notification Surface shall file a Form 7460 -1, Notice
of Proposed Construction or Alteration with the FAA. A copy of the FAA application shall
be submitted to the ALUC and the applicant shall provide the City with FAA and ALUC
responses.
2. Citywide Requirements. Development projects that include structures
higher than two hundred (200) feet above existing grade shall be submitted to the
Airport Land Use Commission (ALUC) for review. In addition, projects that exceed a
height of two hundred (200) feet above existing grade shall file Form 7460 -1 with the
Federal Aviation Administration (FAA). (Ord. 2010 -21 § 1 (Exh. A)(part), 2010)
1-g
CITY OF
NEWPORT BEACH
C9C /F00.NP City Council Staff Report
Agenda Item No. 8
March 27, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: James Campbell, Principal Planner
APPROVED: o'�
TITLE: Height of Fences, Hedges, Walls and Retaining Walls
Code Amendment No. CA2012- 001(PA2012 -018)
ABSTRACT:
The City adopted a comprehensive update of the Zoning Ordinance in October of 2011.
The provisions establishing how the height of height of fences, hedges, walls and
retaining walls were changed in low lying areas, principally Balboa Island, West
Newport, and Balboa Peninsula. The change has created taller fences and walls in
setback areas warranting review and possible amendment.
RECOMMENDATION:
1) Conduct a public hearing; and
2) Introduce Ordinance No.2012- 11(Attachment No. CC1) approving Code Amendment
No. CA2012 -001 and pass to second reading for adoption on April 10, 2012.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Historically, residential fences, hedges and walls (herein referred as "fences ") in side
and most rear yard setback areas have been limited to 6 feet in height. Fences in front
yard setback areas have been limited to 3 feet in height; however, in Old Corona del
Mar, West Newport, Balboa Peninsula, and Balboa Island, fences are allowed to be 5
feet in overall height provided the upper 3 feet is constructed of materials than maintain
a minimum of 40 percent open area.
1
2
Code Amendment No. CA2012- 001(PA2012 -018)
March 27, 2012
Page 2
With the comprehensive update of the Zoning Ordinance adopted in October 2011,
fences in front yard setback areas were increased from 36 inches to 42 inches in height
to accommodate a change in the California Building Code. The side and rear yard
height limit was increased to 8 feet when a residential lot abuts a commercial lot,
industrial lot, or commercial alley, and the allowance for 5 -foot high fences in Old
Corona del Mar, West Newport, Balboa Peninsula, and Balboa Island was maintained.
Issue — Measurement of Height
The height of fences has historically been measured from the "natural grade," which in
most cases was existing grade. With the adoption of the comprehensive update of the
Zoning Ordinance, the grade for measuring the height of accessory structures including
fences in all low lying areas (principally on Balboa Island, Balboa Peninsula and West
Newport) was changed to be existing grade or the minimum flood hazard elevation,
which is 9.0 North American Vertical Datum 1988 (NAVD88)1
.
The change in the method for
measuring height has resulted in
property line fences and walls to be as
high as 9 feet in side and rear yard
setback areas and potentially as high
as 8 feet in front setback areas
abutting sidewalks. This is due to the
grade differential between existing
grade and 9.0 NAVD88. These taller
walls impact abutting lots and the
public sidewalk changing the physical
character of the area.
The side property line wall shown to
the right is approximately 9 feet high
with the lower 3 feet to be filled to
create a building pad to support a new
home with a minimum slab elevation
of 9.0 NAVD88. The abutting structure
has a legal nonconforming setback.
It should be noted that new homes are required to have their foundation slab constructed at 9.0
NAVD88 and the height limit for the home is measured from this elevation. This is not a new policy
introduced with the updated zoning ordinance.
3
Code Amendment No. CA2012- 001(PA2012 -018)
March 27, 2012
Page 3
It is important to recall that one of the guiding principles of the Zoning Ordinance update
was to simplify regulations and processes. The change in the method for measuring the
height of fences was introduced to facilitate new construction in low lying areas by
providing design flexibility. It allows patio construction at or near the finished floor of the
home as it allows property line fences and walls to be higher thereby avoiding the need
for property owners to seek relief through a Modification Permit or Variance application.
Proposed Amendment
On March 8, 2012, the Planning Commission considered the following proposed
amendment and recommends adoption.
In side setback areas, the amendment would measure the height of fences from the
existing grade prior to construction and the proposed finished grade. The proposed
standard would be 9 feet above existing grade and 6 feet above proposed finished
grade. Additionally, a fence would be no higher than 9 feet from the existing grade of
the abutting property. Lastly, portions of a fence taller than 6 feet from existing grades
would be required to constructed with materials that provide a minimum 60% open area
or be semi - transparent (i.e. frosted glass to allow some light to pass through).
Subsequent to the Planning Commission's consideration, staff has included an
additional provision that eliminates the 60% open area requirement when the grades of
two abutting properties have been raised as this circumstance would result in a 6 -foot
high fence between the lots and there would be no compelling reason to require open
fencing materials.
In front setback areas, the height of fences would be measured from existing grade and
follow the historic standard the City has used for many decades depicted in the figure
below.
5110, 40 Percent Open
Pedestrian Construction 40 Percent Open R
�--I Required Construction y Existing
I I Required I Grade
Sidewalk
R
5iae.lk
Grade
.5 =10' F`
Pedestrian
I
Although the proposed amendment affects regulations that apply citywide, the changes
would only be realized in low lying areas (Balboa Island, Balboa Peninsula and West
Newport) where the Zoning Ordinance requires a residential finished slab to be
increased to 9.0 NAVD88. Abutting property owners and pedestrians on the public
III
Code Amendment No. CA2012- 001(PA2012 -018)
March 27, 2012
Page 4
sidewalk would be protected to a degree from taller fences. The draft amendment
includes several additional clarifying items to ensure internal consistency of terms.
Alternatives
1. No change to existing provisions.
2. Identify alternative standards such as a different maximum height or percent open
area.
x;►� IMS kVA1;VkJ3WZ 'RAW
All significant environmental concerns for the proposed project have been addressed in a
previously certified environmental document (Initial Study/Negative Declaration for the
Zoning Code Update), and that the City of Newport Beach intends to use said document
for the above noted project, and further that there are no mitigation measures that should
be considered in conjunction with said project. Copies of the Initial Study /Negative
Declaration for the Zoning Code Update are available for public review and inspection at
the Planning Division at City Hall.
NOTICING:
Notice of this proposed amendment was published in the Daily Pilot on March 17, 2012,
as required by applicable law. The description of this agenda item appeared in the
agenda for this meeting that was posted more than 72 hours in advance of this meeting
as required by the Ralph M. Brown Act. Staff mailed notice to homeowners associations
located in low lying areas around the Newport Harbor. Lastly, staff mailed notice and
provided a copy of the proposed amendment to many local architects.
Submitted by
Kimberly Brandt, AlCF7( Director -
Attachments: CC -1 Draft Ordinance
CC -2 Planning Commission Resolution No. 1871
CC -3 Excerpt of Planning Commission meeting minutes
0
NO
Attachment CC -1
Draft Ordinance
7
Intentionally Blank
2
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
APPROVING CODE AMENDMENT NO. CA2012 -001
REGARDING THE HEIGHT OF FENCES, HEDGES, WALLS AND
RETAINING WALLS (PA2012 -018).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The City adopted a comprehensive update of the Zoning Ordinance in October of 2011.
The provisions establishing the height of height of fences, hedges, walls and retaining
walls in setback areas for properties in low lying areas were changed.
2. The change in regulations has resulted in taller fences and walls within side and front
yards that are out of neighborhood character.
3. The Planning Commission conducted a public hearing on March 8, 2012, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this meeting. At the conclusion of the hearing, the Planning
Commission, the Commission adopted Resolution No. 1871 recommending adoption of
Code Amendment No. CA2012 -001.
4. A public hearing was held on March 27, 2012, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
All significant environmental concerns for the proposed amendment have been addressed in a
previously certified environmental document (Initial Study /Negative Declaration for the Zoning
Code Update), and that the City of Newport Beach intends to use said document for the above
noted project, and further that there are no mitigation measures that should be considered in
conjunction with said project. Copies of the Initial Study /Negative Declaration for the Zoning
Code Update are available for public review and inspection at the Planning Division at City Hall.
SECTION 3. FINDINGS.
1. Amending current regulations regarding the height and design of fences, hedges, walls and
retaining walls within setback areas is necessary to preserve neighborhood character.
2. The proposed amendment will establish a reasonable maximum height limit for fences,
hedges, walls and retaining walls within side and rear yard setback areas. The amendment
will also require a significant portion of said fence, hedge, wall or retaining wall above 6 feet
I
ORDINANCE NO. 2012-
Page 2 of 3
in height from existing grades to be of open or semi - transparent construction allowing
adequate protection from the loss of light and air within side yards due to the increase in
allowable height.
3. The proposed amendment will lower the maximum achievable height of fences, hedges,
walls and retaining walls within front yard setback areas of low lying areas (principally Balboa
Island, West Newport and the Balboa Peninsula) thereby preserving the existing
neighborhood character that is made up of lower walls adjacent to public sidewalks and the
waterfront.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
1. Section 20.30.040 and Section 20.30.060 of the Newport Beach Municipal Code are
hereby amended as provided in Exhibit "A ".
2. If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
3. This action shall become final and effective thirty days after the adoption of this
Ordinance.
4. 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 the of , 2012, and adopted on the day of
2012, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBE
MAYOR
Nancy Gardner
10
ATTEST:
Leilani Brown, City Clerk
APPROVED AS TO FORM,
OFFICE OF CITY ATTORNEY:
Leonia Mulvihill, Assistant City Attorney for
Aaron Harp, City Attorney
ORDINANCE NO. 2012
Page 3 of 3
11
12
EXHIBIT "A"
Code Amendment No. CA2012 -001
Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls)
13
14
Amendment CA2012 -001
20.30.040 Fences, Hedges, Walls, and Retaining Walls.
Page 1/5
This section provides standards for the provision of fences, hedges, walls, and
retaining walls.
A. Maximum Height Allowed.
1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and
walls are shown in Table 3 -1.
TABLE 3 -1
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS
Location
Maximum Height
Front setback areas.
42 inches. See subsection (B) of this section.
Rear and interior side setback areas.
6 feet in residential and commercial zoning districts.
G fnnt in in 41—+rinI n rliMrinhc nA; nnnnt In — ;rinnlinI
.. ,,,
uses.
Rear Setback areas abutting or adjacent to
the waterfront of Newport Bay, the
shoreline of the Pacific Ocean, the Old
Channel of the Santa River (the Oxbow
Loop), or the channels in West Newport.
42 inches from existing grade prior to construction.
Setback areas on Balboa Island and little Balboa Island
that are abutting or adjacent to Newport Bay are regulated
by subsection (B) below.
At intersections of streets, alleys and
driveways within traffic sight areas.
See Section 20.30.130 (Traffic Safety Visibility Area).
2. Retaining Walls. The maximum height of a retaining wall shall be eight feet
measured from finish grade at the base of the wall, not including any required
guardrails. A minimum horizontal separation equal to the height of the tallest retaining
wall shall be provided between retaining walls, except that the required separation shall
not be more than six feet. The above requirements shall not apply to retaining walls that
are an integral part of principal structures. An increase in the height of a retaining wall
may be requested in compliance with Section 20.52.050 (Modification Permits).
B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa
Island, Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and
North Bay Front and South Bay Front on Balboa Island fences and walls shall be
allowed to extend to a height of five feet; provided, that any portion of the fence or wall
above two feet shall be constructed of open grillwork, wrought iron, latticework, pickets,
Plexiglas, or similar materials so that at least forty (40) percent of the portion of the
fence or wall above two feet is open. See Figure 3 -1.
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
-f 5
Amendment CA2012 -001
C. Exceptions to Maximum Height.
Page 2/5
1. Grade Differential. Where the existing or proposed grade of a lot adjacent
to the front setback area is more than twenty -four (24) inches above the adjacent
sidewalk (or curb elevation where no sidewalk exists), a maximum twenty -four (24) inch
high retaining wall shall be allowed to be located at the front property line. Additional
retaining walls shall be allowed to a maximum height of thirty -six (36) inches each,
provided they are set back a minimum distance of twenty -four (24) inches from the
inward face of the previous retaining wall. Additional retaining walls shall be subject to
the same limitation. A maximum forty -two (42) inch guard rail shall be allowed atop the
uppermost retaining wall for safety purposes, provided the guard rail is constructed of
open grillwork, wrought iron, latticework, pickets, or similar materials so that at least
forty (40) percent of the fence is open. See Figure 3 -1.
2. Decorative Fence/Wall Details and Lights.
a. Finials, light fixtures, pilaster caps, pots, and similar decorative items
may be placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts,
etc.), provided they are secure and do not extend more than twelve (12) inches above
the maximum allowed height.
b. The number of decorative items (e.g., finials, pilaster caps, pots, and
similar items) and light fixtures shall be limited to not more than one item or fixture for
every six lineal feet of fence or wall.
3. Fencing for Pools and Spas.
a. Swimming pools, spas, and other similar features shall be fenced in
compliance with Title 15.
b. Fencing and guardrails for ponds, spas, and swimming pools located in
a front setback area or in the rear and side setback areas regulated as front setback
areas on lots with forty -two (42) inch height limitations may be allowed to exceed the
height limit in compliance with the following standards:
i. Fences shall be constructed of open grillwork, wrought iron,
latticework, pickets, or similar materials so that at least forty (40) percent of the fence or
wall is open. In lieu of the above, glass or Plexiglas may be allowed; and
ii. Fence height shall be limited to the minimum required by Title 15.
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
10
Amendment CA2012 -001
Sidewalk
5'10"
Pedestrian
Sidewalk
40 Percent Open
Construction
Required
5!1011
Pedestrian
2' -0"
40 Percent Open
Construction
Required
M_
IN
V
— Existing Grade
R fi
Existing
Grade
2' -0"
0
m
R
Figure 3 -1
Grade Differential at Front Property Line
Page 3/5
4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential
lots adjacent to nonresidential zoning districts or commercial alleys fences, walls, or
hedges may be up to eight feet in height in required residential side yards for buffering
and /or sound attenuation.
5. Residential Lots where the top of slab is required to be raised to 9.0
NAVD88 and where the grade of the lot is proposed to be increased. The height of
fences and walls within required side and rear yard setback areas may be increased
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
27
z
0
m
c
0
lV
R
Figure 3 -1
Grade Differential at Front Property Line
Page 3/5
4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential
lots adjacent to nonresidential zoning districts or commercial alleys fences, walls, or
hedges may be up to eight feet in height in required residential side yards for buffering
and /or sound attenuation.
5. Residential Lots where the top of slab is required to be raised to 9.0
NAVD88 and where the grade of the lot is proposed to be increased. The height of
fences and walls within required side and rear yard setback areas may be increased
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
27
Amendment CA2012 -001
Page 4/5
provided the height does not exceed 6 feet as measured from the proposed finished
grade and 9 feet as measured from the existing grade prior to construction. Additionally,
the height of fences or walls shall not exceed 9 feet as measured from the existing
grade of an abutting lot. The portion of the fence or wall above 6 feet in height from the
existing grade prior to construction shall be constructed of open grillwork, wrought iron,
latticework, pickets, or similar materials so that at least sixty (60) percent of the fence or
wall is open or is constructed of a transparent material.
D. Measurement of Fence or Wall Height.
The height of a fence, hedge, or wall shall be measured fromthp. 'Awpist
existing grade prior to construction at the location where the fence, hedge, or wall is
located.
r
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
Z8
Amendment CA2012 -001
Figure 3 -2
Fence Height
Page 5/5
E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and
other similar materials shall not be allowed in residential zoning districts. (Ord. 2010 -21
§ 1 (Exh. A)(part), 2010)
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
19
20
EXHIBIT "B"
Code Amendment No. CA2012 -001
Section 20.30.060 (Height Limits and Exceptions)
21
22
Amendment CA2012 -001 Page 1/5
20.30.060 Height Limits and Exceptions.
A. This section establishes regulations for determining compliance with the
maximum allowable height limits established for each zoning district by Part 2 of this
title (Zoning Districts, Allowable Land Uses, and Zoning District Standards).
B. Height of Structures and Measurement.
1. Structure Height Established. Structures shall not exceed the maximum
allowable height for the zoning district in which the structure is located, except as
provided in subsection (C) of this section (Increase in Height Limit) or subsection (D) of
this section (Exceptions to Height Limits).
2. Height Measurement. Height shall be measured as the vertical distance
from the established grade of the pad to the highest part of the structure, including any
protective guard rails and parapet walls. Structures with sloping roofs shall be measured
to the highest peak of the roof. Structures with flat roofs shall be measured to the top of
the roof, guard rail, or parapet wall. The established grade of the pad shall be
determined by one of the methods identified in Section 20.30.050 (Grade
Establishment).
3. Flood Hazard Areas.
a. Finished First Floor Elevation. The minimum required finishpd fopsr
fls gp of slab elevation for interior living areas of all new structures within flood hazard
areas shall be as established by the Flood Insurance Rate Maps recognized by the
Building Division ^°^PTas part of flood safety requirements and maps adopted by
the Council. Notwithstanding the building elevations established by the Flood Insurance
Rate Maps, the minimum required top of slab ^f^ d kmw 44-4 ., f kK)f elevation for
interior living areas of all new structures shall be at least 9.00 (NAVD 88).
b. Height Measurement. The height of a principal structure shall be
measured from the top of slab elevation. of the f noshed first fI00F ;^ ^I „a;^^ habitable
C. Accessory Structures.
i. The height of accessory structures, except fences, hedges, walls,
and retaining walls (see Section 20.30.040), shall be measured from existing
grade of the lot prior to construction.
ii. Exception: When a new principal building is required to have the
top of slab constructed at elevation 9.00 NAVD88 and when the grade
surrounding the new principal building is proposed to be increased, the height of
accessory structures shall be measured from the proposed finished grade.
4. Structures on Ocean Boulevard. New structures and additions /changes to
existing structures on the bluff side of Ocean Boulevard in Corona del Mar shall not be
constructed to a height greater than the elevation of the adjacent curb. The top of curb
height limit shall be established by a plane created by the extension of the top of curb
line across each lot.
C. Increase in Height Limit.
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
23
Amendment CA2012 -001 Page 2/5
1. Procedure. The base height limits established in Part 2 of this title (Zoning
Districts, Allowable Land Uses, and Zoning District Standards) may be increased within
specified areas with the adoption of a Planned Community District, adoption of a
specific plan, or approval of a planned development permit, or site development review.
The maximum height limit is not guaranteed by right and shall require approval of a
discretionary action when all applicable findings are met in compliance with subsection
(C)(3) of this section (Required Findings). Height limits established as part of an
adopted planned community shall not be subject to this subsection.
2. Height Limit Areas. The height limit areas shall be as follows:
a. R-A, R -1, R -BI, and R -2 Zoning Districts Height Limit Area. In this height
limit area the base height limit for structures with flat roofs is twenty -four (24) feet
(including guard rails and parapet walls) and the base height limit for structures with
sloped roofs is twenty -nine (29) feet. The height of a structure may be increased up to a
maximum of twenty -eight (28) feet with a flat roof or thirty -three (33) feet with a sloped
roof through the approval of a discretionary application as provided above. This height
limit applies in all R -A, R -1, R -BI, and R -2 Zoning Districts as shown on the Zoning Map.
b. RM and RMD Zoning Districts Height Limit Area. In this height limit area
the base height limit for structures with flat roofs is twenty -eight (28) feet (including
guard rails and parapet walls) and the base height limit for structures with sloped roofs
is thirty -three (33) feet. The height of a structure may be increased up to a maximum of
thirty -two (32) feet with a flat roof or thirty -seven (37) feet with a sloped roof through the
approval of a discretionary application as provided above. This height limit applies in all
RM and RMD Zoning Districts as shown on the Zoning Map.
C. Nonresidential, Shoreline Height Limit Area. In this height limit area the
base height limit for nonresidential and mixed -use structures with flat roofs is twenty -six
(26) feet and the base height limit for structures with sloped roofs is thirty-one (31) feet.
The height of a structure may be increased up to a maximum of thirty -five (35) feet with
a flat roof or forty (40) feet with a sloped roof through the approval of a discretionary
application as provided above. The shoreline height limit shall apply to all nonresidential
zoning districts and mixed -use zoning districts within the boundaries of the Shoreline
Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See
Map H -1, attached to the ordinance codified in this title).
d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area
the base height limit for nonresidential and mixed -use structures with flat roofs is
thirty -two (32) feet and the base height limit for structures with sloped roofs is
thirty -seven (37) feet. The height of a structure may be increased up to a maximum of
fifty (50) feet with a flat roof or fifty -five (55) feet with a sloped roof through the approval
of a discretionary application as provided above. This height limit shall apply to all
nonresidential, nonshoreline zoning districts and mixed -use zoning districts within its
boundaries. The nonresidential, nonshoreline height limit area is identified as all of the
area outside the Shoreline Height Limit Area shown on the High Rise and Shoreline
Height Limit Areas Map (See Map H -1, attached to the ordinance codified in this title).
e. High Rise Height Area. In this height limit area, the maximum height
limit shall be three hundred (300) feet and no further increase to the maximum allowed
height is available. This height limit is applicable to all nonresidential zoning districts
within its boundaries as indicated on the High Rise and Shoreline Height Limit Areas
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
24
Amendment CA2012 -001 Page 3/5
Map (See Map H -1, attached to the ordinance codified in this title). Proposed projects
within this height limit area shall comply with the requirements of subsection (E) of this
section (Airport Environs Land Use Plan for John Wayne Airport and Airport Land Use
Commission Review Requirements).
3. Required Findings. The review authority may adopt a Planned Community
District, adopt a specific plan, or approve a planned development permit or site
development review to allow an increase in the height of a structure above the base
height only after first making all of the following findings in addition to the findings
required for the discretionary permit application:
a. The project applicant is providing additional project amenities beyond
those that are otherwise required. Examples of project amenities include, but are not
limited to:
i. Additional landscaped open space;
ii. Increased setback and open areas;
iii. Enhancement and protection of public views; and
b. The architectural design of the project provides visual interest through
the use of light and shadow, recessed planes, vertical elements, and varied roof planes;
C. The increased height will not result in undesirable or abrupt scale
changes or relationships being created between the proposed structure(s) and existing
adjacent developments or public spaces. Where appropriate, the proposed structure(s)
provides a gradual transition to taller or shorter structures on abutting properties; and
d. The structure will have no more floor area than could have been
achieved without the approval of the height increase.
D. Exceptions to Height Limits.
1. Assembly and Meeting Facilities. Structures used as places of worship may
be allowed to exceed the height limit subject to the approval of a site development
review in compliance with Section 20.52.080. Where more than one structure exists or
is proposed for the site, only the principal structure shall be eligible for approval to
exceed the maximum height limit.
2. Architectural Features. Architectural features (e.g., cupolas, weathervanes,
and other decorative rooftop features) of an open nature, but excluding guardrails,
parapet walls, and similar features, may be allowed up to the height limit for a sloped
roof. Architectural features with a height greater than that allowed for a sloped roof shall
be subject to the approval of a modification permit.
3. Boat Cranes. Boat cranes used in conjunction with an approved
marine - oriented nonresidential use may be allowed to exceed the maximum height limit
up to a maximum operating height of seventy (70) feet, subject to the approval of a
minor use permit.
4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and
roof - mounted vents shall be allowed to exceed the allowed height limits as follows:
a. Chimneys may extend above the allowed height limit a maximum of two
feet or a greater height if required by the City's Building Code;
b. Spark arrestors may extend above the top of a chimney a maximum of
two feet, provided they do not exceed a width of two feet and a length of four feet; and
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
25
Amendment CA2012 -001
Page 4/5
C. Roof - mounted vents may extend above the allowed height limit a
maximum of twelve (12) inches or a greater height if required by the City's Building
Code.
5. Dormers. Dormers may be allowed to exceed the maximum height;
provided, that:
a. The total width of the dormer that exceeds the height limit shall not be
greater than thirty -five (35) percent of the length of the side of the structure where the
dormer is located;
b. The roof pitch of the dormer shall not be less than 2:12; and
C. The peak of the dormer shall not be higher than the peak of the roof on
which it is located.
6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell
housings may exceed the allowed height limit by the minimum height required by Title
15 (Building and Construction), provided they do not exceed thirty (30) square feet in
area, unless a larger elevator is required by Title 15 and /or the Fire Department. In
these instances, the area of the elevator or stair housing shall not exceed the minimum
size required by Title 15 and /or the Fire Department. Elevator shafts and enclosed
stairwell housings that exceed thirty (30) square feet in area shall have sloped roofs
with a minimum 3/12 pitch.
7. Fences, Hedges, and Walls. Section 20.30.040 (Fences, Hedges, Walls,
and Retaining Walls) sets forth exceptions to height limits for these structures.
8. Flag Poles.
a. Ground - mounted flag poles shall be allowed in residential zoning
districts to a maximum height of twenty -eight (28) feet and in nonresidential zoning
districts to a maximum height of thirty -five (35) feet.
b. Flag poles mounted on tops of buildings located in nonresidential
zoning districts shall be allowed to exceed the maximum height limit by up to twenty
(20) feet.
9. Landmark Buildings. An alteration or addition to a landmark building shall
be exempt from height limits; provided, that structural alterations or additions that
exceed the height of the existing structure shall require approval of a site development
review in compliance with Section 20.52.080 and shall not exceed a maximum of
fifty -five (55) feet in height. The site development review may be approved only if all of
the following findings are first made in addition to those findings identified in Section
20.52.080:
a. The portion of the structural alteration or addition that exceeds the
height of the existing structure does not significantly impact public views from public
rights -of -way.
b. The portion of the structural alteration or addition that exceeds the
height of the existing structure will not be used in a manner that increases the intensity
of the use of the landmark building.
C. The allowed height of the landmark building will not be detrimental to
the health, safety, peace, comfort, or general welfare of persons residing or working in
the neighborhood of the landmark building.
10. Light Standards. Light standards may be allowed to exceed maximum
height limits, subject to the approval of a site development review in compliance with
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
Amendment CA2012 -001 Page 5/5
Section 20.52.080. All light fixtures and standards shall comply with the requirements of
Section 20.30.070 (Outdoor Lighting).
11. Mechanical Equipment.
a. Nonresidential Zoning Districts. In nonresidential zoning districts,
roof - mounted mechanical equipment, totaling not more than thirty (30) percent of the
total roof area, including required screening devices, shall be allowed to exceed the
maximum height limit by up to five feet.
b. Residential Zoning Districts. In residential zoning districts, roof - mounted
equipment is not allowed to exceed the maximum height limit for the zoning district.
12. Solar Equipment. The height limit regulations in this Zoning Code do not
apply to equipment and panels used for the production of solar energy.
13. Skylights and Roof Windows. Skylights or roof windows shall be allowed
to exceed the maximum height limit by up to six inches on conforming roofs.
E. Airport Environs Land Use Plan ( AELUP) for John Wayne Airport and Airport
Land Use Commission (ALUC) Review Requirements.
1. AELUP Requirements.
a. Buildings and structures shall not penetrate Federal Aviation Regulation
(FAR) Part 77, Obstruction — Imaginary Surfaces, for John Wayne Airport unless
approved by the Airport Land Use Commission (ALUC).
b. In compliance with FAR Part 77, applicants proposing buildings or
structures that penetrate the 100:1 Notification Surface shall file a Form 7460 -1, Notice
of Proposed Construction or Alteration with the FAA. A copy of the FAA application shall
be submitted to the ALUC and the applicant shall provide the City with FAA and ALUC
responses.
2. Citywide Requirements. Development projects that include structures
higher than two hundred (200) feet above existing grade shall be submitted to the
Airport Land Use Commission (ALUC) for review. In addition, projects that exceed a
height of two hundred (200) feet above existing grade shall file Form 7460 -1 with the
Federal Aviation Administration (FAA). (Ord. 2010 -21 § 1 (Exh. A)(part), 2010)
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
27
Intentionally Blank
22
Attachment CC -2
Planning Commission Resolution No. 1871 (unsigned)
29
Intentionally Blank
30
RESOLUTION NO. 1871
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF
CODE AMENDMENT NO. CA2012 -001 REGARDING THE
HEIGHT OF FENCES, HEDGES, WALLS AND RETAINING
WALLS (PA2012 -018)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The City adopted a comprehensive update of the Zoning Ordinance in October of 2010.
The provisions establishing the height of height of fences, hedges, walls and retaining
walls in setback areas for properties in low lying areas were changed.
2. The change in regulations has resulted in taller fences and walls within side and front
yards that are out of neighborhood character.
3. A public hearing was held on March 8, 2012, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission at
this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
All significant environmental concerns for the proposed amendment have been addressed in a
previously certified environmental document (Initial Study /Negative Declaration for the Zoning
Code Update), and that the City of Newport Beach intends to use said document for the above
noted project, and further that there are no mitigation measures that should be considered in
conjunction with said project. Copies of the Initial Study /Negative Declaration for the Zoning
Code Update are available for public review and inspection at the Planning Division at City Hall.
SECTION 3. FINDINGS.
1. Amending current regulations regarding the height and design of fences, hedges, walls and
retaining walls within setback areas is necessary to preserve neighborhood character.
2. The proposed amendment will establish a reasonable maximum height limit for fences,
hedges, walls and retaining walls within side and rear yard setback areas and the
amendment will require a significant portion of said fence, hedge, wall or retaining wall above
6 feet in height from existing grade to be of open or transparent or construction.
3. The proposed amendment will lower the maximum achievable height of fences, hedges,
walls and retaining walls within front yard setback areas of low lying areas (principally Balboa
Island, West Newport and the Balboa Peninsula) thereby preserving neighborhood
compatibility.
31
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2012 -001 as set forth in Exhibits "A" and "B."
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF March, 2012.
AYES: Ameri, Kramer, Myers, Toerge, and Tucker
NOES: None.
ABSTAIN: None.
ABSENT: Hillgren
fflu
MIN
Michael Toerge, Chairman
Fred Ameri, Secretary
32
EXHIBIT "A"
Code Amendment No. CA2012 -001
Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls)
33
S4
Draft Amendment CA2012 -001
20.30.040 Fences, Hedges, Walls, and Retaining Walls.
Page 1/5
This section provides standards for the provision of fences, hedges, walls, and
retaining walls.
A. Maximum Height Allowed.
1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and
walls are shown in Table 3 -1.
TABLE 3 -1
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS
Location
Maximum Height
Front setback areas.
42 inches. See subsection (B) of this section.
Rear and interior side setback areas.
6 feet in residential and commercial zoning districts.
G fnnt in in 41—+rinI n rliMrinhc nA; nnnnt In — ;rinnlinI
.. ,,,
uses.
Rear Setback areas abutting or adjacent to
the waterfront of Newport Bay, the
shoreline of the Pacific Ocean, the Old
Channel of the Santa River (the Oxbow
Loop), or the channels in West Newport.
42 inches from existing grade prior to construction.
Setback areas on Balboa Island and little Balboa Island
that are abutting or adjacent to Newport Bay are regulated
by subsection (B) below.
At intersections of streets, alleys and
driveways within traffic sight areas.
See Section 20.30.130 (Traffic Safety Visibility Area).
2. Retaining Walls. The maximum height of a retaining wall shall be eight feet
measured from finish grade at the base of the wall, not including any required
guardrails. A minimum horizontal separation equal to the height of the tallest retaining
wall shall be provided between retaining walls, except that the required separation shall
not be more than six feet. The above requirements shall not apply to retaining walls that
are an integral part of principal structures. An increase in the height of a retaining wall
may be requested in compliance with Section 20.52.050 (Modification Permits).
B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa
Island, Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and
North Bay Front and South Bay Front on Balboa Island fences and walls shall be
allowed to extend to a height of five feet; provided, that any portion of the fence or wall
above two feet shall be constructed of open grillwork, wrought iron, latticework, pickets,
Plexiglas, or similar materials so that at least forty (40) percent of the portion of the
fence or wall above two feet is open. See Figure 3 -1.
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
35
Draft Amendment CA2012 -001
C. Exceptions to Maximum Height.
Page 2/5
1. Grade Differential. Where the existing or proposed grade of a lot adjacent
to the front setback area is more than twenty -four (24) inches above the adjacent
sidewalk (or curb elevation where no sidewalk exists), a maximum twenty -four (24) inch
high retaining wall shall be allowed to be located at the front property line. Additional
retaining walls shall be allowed to a maximum height of thirty -six (36) inches each,
provided they are set back a minimum distance of twenty -four (24) inches from the
inward face of the previous retaining wall. Additional retaining walls shall be subject to
the same limitation. A maximum forty -two (42) inch guard rail shall be allowed atop the
uppermost retaining wall for safety purposes, provided the guard rail is constructed of
open grillwork, wrought iron, latticework, pickets, or similar materials so that at least
forty (40) percent of the fence is open. See Figure 3 -1.
2. Decorative Fence/Wall Details and Lights.
a. Finials, light fixtures, pilaster caps, pots, and similar decorative items
may be placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts,
etc.), provided they are secure and do not extend more than twelve (12) inches above
the maximum allowed height.
b. The number of decorative items (e.g., finials, pilaster caps, pots, and
similar items) and light fixtures shall be limited to not more than one item or fixture for
every six lineal feet of fence or wall.
3. Fencing for Pools and Spas.
a. Swimming pools, spas, and other similar features shall be fenced in
compliance with Title 15.
b. Fencing and guardrails for ponds, spas, and swimming pools located in
a front setback area or in the rear and side setback areas regulated as front setback
areas on lots with forty -two (42) inch height limitations may be allowed to exceed the
height limit in compliance with the following standards:
i. Fences shall be constructed of open grillwork, wrought iron,
latticework, pickets, or similar materials so that at least forty (40) percent of the fence or
wall is open. In lieu of the above, glass or Plexiglas may be allowed; and
ii. Fence height shall be limited to the minimum required by Title 15.
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
so
Draft Amendment CA2012 -001
Sidewalk
5'10"
Pedestrian
Sidewalk
40 Percent Open
Construction
Required
5!1011
Pedestrian
2' -0"
40 Percent Open
Construction
Required
M_
IN
V
— Existing Grade
R fi
Existing
Grade
2' -0"
0
in
R
Figure 3 -1
Grade Differential at Front Property Line
Page 3/5
4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential
lots adjacent to nonresidential zoning districts or commercial alleys fences, walls, or
hedges may be up to eight feet in height in required residential side yards for buffering
and /or sound attenuation.
5. Residential Lots where the top of slab is required to be raised to 9.0
NAVD88 and where the grade of the lot is proposed to be increased. The height of
fences and walls within required side and rear yard setback areas may be increased
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
37
z
0
m
c
0
lV
R
Figure 3 -1
Grade Differential at Front Property Line
Page 3/5
4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential
lots adjacent to nonresidential zoning districts or commercial alleys fences, walls, or
hedges may be up to eight feet in height in required residential side yards for buffering
and /or sound attenuation.
5. Residential Lots where the top of slab is required to be raised to 9.0
NAVD88 and where the grade of the lot is proposed to be increased. The height of
fences and walls within required side and rear yard setback areas may be increased
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
37
Draft Amendment CA2012 -001
Page 4/5
provided the height does not exceed 6 feet as measured from the proposed finished
grade and 9 feet as measured from the existing grade prior to construction. The portion
of the fence or wall above 6 feet in height from the existing grade prior to construction
shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar
materials so that at least sixty (60) percent of the fence or wall is open or is constructed
of a transparent material.
D. Measurement of Fence or Wall Height.
The height of a fence, hedge, or wall shall be measured from the west
existing grade prior to construction at the location where the fence, hedge, or wall is
located.
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
so
Draft Amendment CA2012 -001
Figure 3 -2
Fence Height
Page 5/5
E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and
other similar materials shall not be allowed in residential zoning districts. (Ord. 2010 -21
§ 1 (Exh. A)(part), 2010)
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
39
IN
EXHIBIT "B"
Code Amendment No. CA2012 -001
Section 20.30.060 (Height Limits and Exceptions)
41
42
Draft Amendment CA2012 -001 Page 1/5
20.30.060 Height Limits and Exceptions.
A. This section establishes regulations for determining compliance with the
maximum allowable height limits established for each zoning district by Part 2 of this
title (Zoning Districts, Allowable Land Uses, and Zoning District Standards).
B. Height of Structures and Measurement.
1. Structure Height Established. Structures shall not exceed the maximum
allowable height for the zoning district in which the structure is located, except as
provided in subsection (C) of this section (Increase in Height Limit) or subsection (D) of
this section (Exceptions to Height Limits).
2. Height Measurement. Height shall be measured as the vertical distance
from the established grade of the pad to the highest part of the structure, including any
protective guard rails and parapet walls. Structures with sloping roofs shall be measured
to the highest peak of the roof. Structures with flat roofs shall be measured to the top of
the roof, guard rail, or parapet wall. The established grade of the pad shall be
determined by one of the methods identified in Section 20.30.050 (Grade
Establishment).
3. Flood Hazard Areas.
a. Finished First Floor Elevation. The minimum required finishpd fopsr
fls gp of slab elevation for interior living areas of all new structures within flood hazard
areas shall be as established by the Flood Insurance Rate Maps recognized by the
Building Division ^°^PTas part of flood safety requirements and maps adopted by
the Council. Notwithstanding the building elevations established by the Flood Insurance
Rate Maps, the minimum required top of slab ^f^ d kmw 44-4 ., f kK)f elevation for
interior living areas of all new structures shall be at least 9.00 (NAVD 88).
b. Height Measurement. The height of a principal structure shall be
measured from the top of slab elevation. of the f noshed first fIGOF ;^ ^I „a;^^ habitable
C. Accessory Structures.
i. The height of accessory structures, except fences, hedges, walls,
and retaining walls (see Section 20.30.040), shall be measured from existing
grade of the lot prior to construction.
ii. Exception: When a new principal building is required to have the
top of slab constructed at elevation 9.00 NAVD88 and when the grade
surrounding the new principal building is proposed to be increased, the height of
accessory structures shall be measured from the proposed finished grade.
4. Structures on Ocean Boulevard. New structures and additions /changes to
existing structures on the bluff side of Ocean Boulevard in Corona del Mar shall not be
constructed to a height greater than the elevation of the adjacent curb. The top of curb
height limit shall be established by a plane created by the extension of the top of curb
line across each lot.
C. Increase in Height Limit.
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
-43
Draft Amendment CA2012 -001 Page 2/5
1. Procedure. The base height limits established in Part 2 of this title (Zoning
Districts, Allowable Land Uses, and Zoning District Standards) may be increased within
specified areas with the adoption of a Planned Community District, adoption of a
specific plan, or approval of a planned development permit, or site development review.
The maximum height limit is not guaranteed by right and shall require approval of a
discretionary action when all applicable findings are met in compliance with subsection
(C)(3) of this section (Required Findings). Height limits established as part of an
adopted planned community shall not be subject to this subsection.
2. Height Limit Areas. The height limit areas shall be as follows:
a. R-A, R -1, R -BI, and R -2 Zoning Districts Height Limit Area. In this height
limit area the base height limit for structures with flat roofs is twenty -four (24) feet
(including guard rails and parapet walls) and the base height limit for structures with
sloped roofs is twenty -nine (29) feet. The height of a structure may be increased up to a
maximum of twenty -eight (28) feet with a flat roof or thirty -three (33) feet with a sloped
roof through the approval of a discretionary application as provided above. This height
limit applies in all R -A, R -1, R -BI, and R -2 Zoning Districts as shown on the Zoning Map.
b. RM and RMD Zoning Districts Height Limit Area. In this height limit area
the base height limit for structures with flat roofs is twenty -eight (28) feet (including
guard rails and parapet walls) and the base height limit for structures with sloped roofs
is thirty -three (33) feet. The height of a structure may be increased up to a maximum of
thirty -two (32) feet with a flat roof or thirty -seven (37) feet with a sloped roof through the
approval of a discretionary application as provided above. This height limit applies in all
RM and RMD Zoning Districts as shown on the Zoning Map.
C. Nonresidential, Shoreline Height Limit Area. In this height limit area the
base height limit for nonresidential and mixed -use structures with flat roofs is twenty -six
(26) feet and the base height limit for structures with sloped roofs is thirty-one (31) feet.
The height of a structure may be increased up to a maximum of thirty -five (35) feet with
a flat roof or forty (40) feet with a sloped roof through the approval of a discretionary
application as provided above. The shoreline height limit shall apply to all nonresidential
zoning districts and mixed -use zoning districts within the boundaries of the Shoreline
Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See
Map H -1, attached to the ordinance codified in this title).
d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area
the base height limit for nonresidential and mixed -use structures with flat roofs is
thirty -two (32) feet and the base height limit for structures with sloped roofs is
thirty -seven (37) feet. The height of a structure may be increased up to a maximum of
fifty (50) feet with a flat roof or fifty -five (55) feet with a sloped roof through the approval
of a discretionary application as provided above. This height limit shall apply to all
nonresidential, nonshoreline zoning districts and mixed -use zoning districts within its
boundaries. The nonresidential, nonshoreline height limit area is identified as all of the
area outside the Shoreline Height Limit Area shown on the High Rise and Shoreline
Height Limit Areas Map (See Map H -1, attached to the ordinance codified in this title).
e. High Rise Height Area. In this height limit area, the maximum height
limit shall be three hundred (300) feet and no further increase to the maximum allowed
height is available. This height limit is applicable to all nonresidential zoning districts
within its boundaries as indicated on the High Rise and Shoreline Height Limit Areas
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
44
Draft Amendment CA2012 -001 Page 315
Map (See Map H -1, attached to the ordinance codified in this title). Proposed projects
within this height limit area shall comply with the requirements of subsection (E) of this
section (Airport Environs Land Use Plan for John Wayne Airport and Airport Land Use
Commission Review Requirements).
3. Required Findings. The review authority may adopt a Planned Community
District, adopt a specific plan, or approve a planned development permit or site
development review to allow an increase in the height of a structure above the base
height only after first making all of the following findings in addition to the findings
required for the discretionary permit application:
a. The project applicant is providing additional project amenities beyond
those that are otherwise required. Examples of project amenities include, but are not
limited to:
i. Additional landscaped open space;
ii. Increased setback and open areas;
iii. Enhancement and protection of public views; and
b. The architectural design of the project provides visual interest through
the use of light and shadow, recessed planes, vertical elements, and varied roof planes;
C. The increased height will not result in undesirable or abrupt scale
changes or relationships being created between the proposed structure(s) and existing
adjacent developments or public spaces. Where appropriate, the proposed structure(s)
provides a gradual transition to taller or shorter structures on abutting properties; and
d. The structure will have no more floor area than could have been
achieved without the approval of the height increase.
D. Exceptions to Height Limits.
1. Assembly and Meeting Facilities. Structures used as places of worship may
be allowed to exceed the height limit subject to the approval of a site development
review in compliance with Section 20.52.080. Where more than one structure exists or
is proposed for the site, only the principal structure shall be eligible for approval to
exceed the maximum height limit.
2. Architectural Features. Architectural features (e.g., cupolas, weathervanes,
and other decorative rooftop features) of an open nature, but excluding guardrails,
parapet walls, and similar features, may be allowed up to the height limit for a sloped
roof. Architectural features with a height greater than that allowed for a sloped roof shall
be subject to the approval of a modification permit.
3. Boat Cranes. Boat cranes used in conjunction with an approved
marine - oriented nonresidential use may be allowed to exceed the maximum height limit
up to a maximum operating height of seventy (70) feet, subject to the approval of a
minor use permit.
4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and
roof - mounted vents shall be allowed to exceed the allowed height limits as follows:
a. Chimneys may extend above the allowed height limit a maximum of two
feet or a greater height if required by the City's Building Code;
b. Spark arrestors may extend above the top of a chimney a maximum of
two feet, provided they do not exceed a width of two feet and a length of four feet; and
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
45
Draft Amendment CA2012 -001
Page 4/5
C. Roof - mounted vents may extend above the allowed height limit a
maximum of twelve (12) inches or a greater height if required by the City's Building
Code.
5. Dormers. Dormers may be allowed to exceed the maximum height;
provided, that:
a. The total width of the dormer that exceeds the height limit shall not be
greater than thirty -five (35) percent of the length of the side of the structure where the
dormer is located;
b. The roof pitch of the dormer shall not be less than 2:12; and
C. The peak of the dormer shall not be higher than the peak of the roof on
which it is located.
6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell
housings may exceed the allowed height limit by the minimum height required by Title
15 (Building and Construction), provided they do not exceed thirty (30) square feet in
area, unless a larger elevator is required by Title 15 and /or the Fire Department. In
these instances, the area of the elevator or stair housing shall not exceed the minimum
size required by Title 15 and /or the Fire Department. Elevator shafts and enclosed
stairwell housings that exceed thirty (30) square feet in area shall have sloped roofs
with a minimum 3/12 pitch.
7. Fences, Hedges, and Walls. Section 20.30.040 (Fences, Hedges, Walls,
and Retaining Walls) sets forth exceptions to height limits for these structures.
8. Flag Poles.
a. Ground - mounted flag poles shall be allowed in residential zoning
districts to a maximum height of twenty -eight (28) feet and in nonresidential zoning
districts to a maximum height of thirty -five (35) feet.
b. Flag poles mounted on tops of buildings located in nonresidential
zoning districts shall be allowed to exceed the maximum height limit by up to twenty
(20) feet.
9. Landmark Buildings. An alteration or addition to a landmark building shall
be exempt from height limits; provided, that structural alterations or additions that
exceed the height of the existing structure shall require approval of a site development
review in compliance with Section 20.52.080 and shall not exceed a maximum of
fifty -five (55) feet in height. The site development review may be approved only if all of
the following findings are first made in addition to those findings identified in Section
20.52.080:
a. The portion of the structural alteration or addition that exceeds the
height of the existing structure does not significantly impact public views from public
rights -of -way.
b. The portion of the structural alteration or addition that exceeds the
height of the existing structure will not be used in a manner that increases the intensity
of the use of the landmark building.
C. The allowed height of the landmark building will not be detrimental to
the health, safety, peace, comfort, or general welfare of persons residing or working in
the neighborhood of the landmark building.
10. Light Standards. Light standards may be allowed to exceed maximum
height limits, subject to the approval of a site development review in compliance with
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
210
Draft Amendment CA2012 -001 Page 5/5
Section 20.52.080. All light fixtures and standards shall comply with the requirements of
Section 20.30.070 (Outdoor Lighting).
11. Mechanical Equipment.
a. Nonresidential Zoning Districts. In nonresidential zoning districts,
roof - mounted mechanical equipment, totaling not more than thirty (30) percent of the
total roof area, including required screening devices, shall be allowed to exceed the
maximum height limit by up to five feet.
b. Residential Zoning Districts. In residential zoning districts, roof - mounted
equipment is not allowed to exceed the maximum height limit for the zoning district.
12. Solar Equipment. The height limit regulations in this Zoning Code do not
apply to equipment and panels used for the production of solar energy.
13. Skylights and Roof Windows. Skylights or roof windows shall be allowed
to exceed the maximum height limit by up to six inches on conforming roofs.
E. Airport Environs Land Use Plan ( AELUP) for John Wayne Airport and Airport
Land Use Commission (ALUC) Review Requirements.
1. AELUP Requirements.
a. Buildings and structures shall not penetrate Federal Aviation Regulation
(FAR) Part 77, Obstruction — Imaginary Surfaces, for John Wayne Airport unless
approved by the Airport Land Use Commission (ALUC).
b. In compliance with FAR Part 77, applicants proposing buildings or
structures that penetrate the 100:1 Notification Surface shall file a Form 7460 -1, Notice
of Proposed Construction or Alteration with the FAA. A copy of the FAA application shall
be submitted to the ALUC and the applicant shall provide the City with FAA and ALUC
responses.
2. Citywide Requirements. Development projects that include structures
higher than two hundred (200) feet above existing grade shall be submitted to the
Airport Land Use Commission (ALUC) for review. In addition, projects that exceed a
height of two hundred (200) feet above existing grade shall file Form 7460 -1 with the
Federal Aviation Administration (FAA). (Ord. 2010 -21 § 1 (Exh. A)(part), 2010)
This page of the Newport Beach Municipal Code is current through Ordinance 2011 -30, passed December 13, 2011.
47
42
Attachment CC -3
Excerpt of Planning Commission Meeting Minutes (unapproved)
49
Intentionally Blank
50
NEWPORT BEACH PLANNING COMMISSION MINUTES 03/08/2012
ITEM NO.4 Height of Fences, Hedges, Walls and Retaining Walls Code Amendment No. CA2012 -001
(PA2012 -018)
Chair Toerge read title to the aforementioned item, opened the public hearing, and called for a report from staff.
Principal Planner Jim Campbell presented details of the report and referenced the Zoning Code Update of 2010 and this
is one of the first "clean up" amendments for the zoning code. Staff noted that the method by which fence heights are
measured was changed to allow and facilitate redevelopment of lots on Balboa Island. Staff presented examples of
projects illustrating wall and fence heights. Staff addressed a variety of clarifying changes needed and focused on
substantive changes relative to nine (9) foot walls with the upper three (3) feet, open. Staff addressed maximizing the
flexibility of design and addressed additional privacy between the homes as well as alternative standards. Staff reported
that this will be a temporary situation to help provide a measure of privacy and open air in the side yard.
Staff indicated that there are several other changes to ensure internal consistency between sections, height of
accessory structures and presented recommendations for consideration by the Commission.
Discussion followed regarding review by local architects and their opinions. Staff indicated that after speaking to a
local architect, he indicated support for the provisions recommended. Discussion continued regarding requirements
for side fences and possible alternative solutions. Ensuing discussion pertained to obtaining compliance and grade
differentials.
Motion by Commissioner Kramer and seconded by Commissioner Toerge, and carried (5 -0) with Commissioner
Hillgren absent to adopt a resolution recommending adoption of Code Amendment No. CA2012 -001, with the
addedchanges as stated by staff.
Interested parties were invited to address the Commission on this item.
Jim Mosher noted a typographical error regarding adoption of the zoning code update.
No one else wished to address the Commission on this item and the public hearing was closed.
In response to an inquiry from the Commission, staff addressed initiation of the item by Council.
AYES:
Ameri, Kramer, Myers, Toerge, and Tucker
NOES:
None.
ABSTENTION:
None.
ABSENT(EXCUSED):
Hillgren
H. NEW BUSINESS
STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 Community Development Director Kimberly Brandt announced that at the next City Council
meeting of March 13, 2012, the Council will be considering the Golf Realty Fund application for
the Newport Beach Country Club as well as the appointment of a new Planning Commissioner.
ITEM NO. 6 Announcements on matters that Commission members would like placed on a future agenda
for discussion, action, or report.
ITEM NO. 7 Commissioner Kramer requested an excused absence on March 22, 2012.
ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Toerge adjourned the meeting at
8:47 p.m.
Page 4 of 4
51
52
PUBLIC HEARING NOTICE
ZONING CODE AMENDMENT
HEIGHT OF FENCES, KEDGES, WALLS AND
RETAINING WALLS (PA2012 -018)
NOTICE IS HEREBY GIVEN that on March 27, 2012, at 7:00 PM, the Newport Beach
City Council will hold a public hearing in the City Council Chambers (Building A) at 3300
Newport Boulevard, Newport Beach.
The City of Newport Beach is considering an amendment to Section 20.30.040 (Fences,
Hedges, Walls, and Retaining Walls) and Section 20:30.060 (Height Limits and
Exceptions) to modify the method by which the height of fences, hedges, walls and
retaining walls are measured. Other sections may be modified to ensure consistency of
regulations. The proposed amendment will affect regulations that affect all property
within the City.
NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the
proposed project have been addressed in a previously certified environmental document
(Initial Study /Negative Declaration for the Zoning Code Update), and that the City of
Newport Beach intends to use said document for the above noted project, and further that
there are or mitigation measures that should be considered in conjunction with said project.
Copies of the Initial Study /Negative Declaration for the Zoning Code Update are available
for public review and inspection at the Planning Division or at the City of Newport Beach.
The agenda, staff report, and any relevant documents may be reviewed at the City Clerk's
Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the
City of Newport Beach website at: http://www.newportbeachca.gov/index.aspx?paqe=920
on the Friday prior to the hearing.
For questions regarding details of the project please contact James Campbell, Senior
Planner, at 949 - 644 -3210 orjcampbell @newportbeachca.gov.
- �t& � WK,
Leilani Brown, City CI rk
City of Newport Beach