NEWPORT BEACH : Homeowners Decry Height Limit Ruling

Saying it could not “police” private homeowner association rules, the Planning Commission has denied a plea from Corona Highlands residents to lower building height limitations so that they coincide with the group’s regulations.

“We do not want to put the city in a position to police CC & Rs,” said newly appointed commission Chairman Gary Di Sano, referring to the association’s list of regulations called “covenants, conditions and restrictions.”

Mark Cardelucci, Corona Highlands Property Owners Assn. president, one of several speakers who testified Thursday night, said the 140-member group plans to appeal the decision to the City Council. Because of the discrepancy between the homeowners’ rules and the city’s regulations, the homeowners have no power to enforce their height limit, speakers said during the two-hour hearing.

Last year, residents asked the City Council to consider a zoning ordinance lowering building height limits in the area in order to preserve ocean views and the character of the area. The City Council, in turn, asked the Planning Commission staff to study it.

The city limits building heights to an average of 24 feet, with a 28-foot maximum. However, the Corona Highlands association limits heights to 16 feet in some areas and 22 feet in others. Structures are also limited to one story in some areas and two stories in others.

Di Sano said the homeowners’ proposed ordinance would have signaled other groups to ask for similar city regulations, leading to spot enforcement throughout the city.

Cardelucci said residents are now circulating a petition to present to the City Council next month in an effort to get the decision reversed.

“We’re trying to prevent developers from coming in and maxing out our lots. They can build 28 feet high,” he said. He added that the Irvine Co.’s Newport Coast residential and commercial project is contiguous to the association’s property lines.

Despite his pledge to continue fighting, Cardelucci said he does understand city officials’ reluctance to open the door for other residential groups’ requests. “They’ve got a point, but we’re just trying to look out for our best interests,” he said.