HomeMy WebLinkAbout19 - Elevator ShaftsCITY OF NEWPORT BEACH
. CITY COUNCIL STAFF REPORT
Agenda Item: ig
February 24, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Gregg B. Ramirez, Associate Planner
(949) 644 -3230, gramirez(a2citV.newport- beach.ca.us
SUBJECT: Code Amendment No. 2003 -010 (PA2003 -289)
Proposed amendment to Section 20.65.070 of the Municipal Code to allow
elevator shafts in excess of 25 square feet in area to exceed applicable
height limits, by no more than 5 feet, when mandated by the Building
Code and Fire Department.
RECOMMENDATION:
.Staff recommends the City Council conduct a public hearing; and Introduce Ordinance No.
2004- approving Code Amendment No. 2003 -010; and pass to a second reading on
March 9, 2004.
BACKGROUND:
The City Council took action on January 13, 2004 to initiate the proposed amendment to Title
20 of the Municipal Code. On February 5, 2004 the Planning Commission voted unanimously
to recommend that the City Council approve the proposed amendment.
DISCUSSION:
Exceptions to Height Limits
Section 20.65.070 of the Municipal Code includes provisions that allow modest exceptions to
height limits. These exceptions include architectural features, screened mechanical
equipment, elevator shafts, stairwells, chimneys and similar features. Subsection B states:
Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and
screened mechanical equipment, totaling no more than 25 square feet, shall be
permitted to up to 5 feet in excess of the height limits.
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Code Amendment - Exception to Height Limits
February 24, 2004
Page 2
This section does not address situations when the Building Code or Fire Department requires
an elevator larger than 25 square feet to accommodate a gurney. A gurney sized elevator is
currently required by the Building Code and Fire Department for commercial projects and
some multi - family projects. Staff proposes to include language within Section 20.65.070(B)
that would allow a larger elevator shaft enclosure to exceed applicable height limits, by no
more than 5 feet, only when a gurney elevator is mandated by the Building Code and Fire
Department. The proposed amendment will allow applicants to avoid processing a Variance
or Use Permit for building height when a gurney sized elevator is required.
Fire Department staff has indicated elevator shafts need to have an 8 feet x 10 feet (80
square feet) minimum dimension to accommodate the 84 -inch x 24 -inch gurney currently
used by the Fire Department and Fire Department personnel. This does not include additional
area for the exterior walls, which will add to the overall square footage of the elevator
housing. However, staff does not want to place a maximum square footage figure in the
Code, as future Fire Department requirements may change and different manufacturers have
different sizes of elevators that may be different than the 80 square foot estimate while
meeting Fire Department size standards. Therefore, staff believes the code should be written
in a manner that will be flexible with future Fire Department requirements, while limiting the
area of the elevator that exceeds the height limit to the minimum extent required to meet
applicable requirements.
Staff proposes that Section 20.65.070.13 be amended to read:
Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and
screened mechanical equipment, totaling no more than 25 square feet, shall be
permitted up to 5 feet in excess of the height limits. Elevator shafts may exceed
25 square feet only when a larger elevator is required by the Building Code
and /or Fire Department. In these instances, the area of the elevator shaft shall
not exceed the minimum size required by the Building Code and /or Fire
Department.
Staff believes the proposed amendment meets the intent of the existing development
regulations and allows future developments required to have gurney sized elevators flexibility
and the same benefit as those that do not require such a large elevator.
Environmental Review:
This project has been reviewed and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 5 (Minor
Alterations in Land Use Limitations).
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Code Amendment - Exception to Height Limits
February 24, 2004
Page 3
Public Notice:
Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance of
this hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
f � �s2lL
Gregg B. Ramirez
Associate Planner
Attachments:
Submitted by:
Patrick J. (ford
Acting Planning Director
A. Draft City Council Ordinance No._ and Exhibit "A" (Revised Code text)
B. Draft Planning Commission Minutes from the February 5, 2004 Hearing
ATTACHMENT A
Draft City Council Ordinance No._ and Exhibit "A"
(Revised Code text)
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ORDINANCE 2004-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TITLE
20 OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO SECTION 20.65.070(B) EXCEPTIONS TO
HEIGHT LIMITS [CODE AMENDMENT NO. 2003 -0101
WHEREAS, on January 13, 2004, the City Council of the City of Newport Beach
initiated an amendment to Title 20 of the Newport Beach Municipal Code to amend Section
20.65.070(6) of the Municipal Code; and
WHEREAS, on February 5, 2004, the Planning Commission of the City of Newport
Beach held a noticed public hearing regarding this code amendment; and
WHEREAS, the Planning Commission voted unanimously to recommend approval
of this code amendment to the City Council; and
. WHEREAS, on February 24, 2004, the City Council of the City of Newport Beach
held a noticed public hearing regarding this code amendment; and
WHEREAS, pursuant to the California Environmental Quality Act, the proposed
amendment is exempt from environmental review pursuant to section 15305, minor
alterations in land use limitations, of the implementing guidelines of CEQA since the
amendment to the Zoning Code allows only a modest increase in elevator size permitted to
exceed height limits and only to the extent required to satisfy Fire Department and Building
Department life /safety requirements.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to
revise Section 20.65.070(B) of the Municipal Code as provided in Exhibit "A ".
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SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. This Ordinance shall be published once in the official newspaper of the 0
City, and the same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on February 24, 2004, and adopted on the 9th day of March 2004, by
the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
u: •C
ATTEST:
CITY CLERK
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EXHIBIT "A"
Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened
mechanical equipment, totaling no more than 25 square feet, shall be permitted up to 5 feet
in excess of the height limits. Elevator shafts may exceed 25 square feet only when a larger
elevator is required by the Building Code and /or Fire Department. In these instances, the
area of the elevator shaft shall not exceed the minimum size required by the Building Code
and /or Fire Department.
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ATTACHMENT B
Draft Planning Commission Minutes from
the February 5, 2004 Hearing
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Ausenc: ` rvone
Abstain:) None
None
Planning Commission Minutes 02/05/2004
HEARING ITEMS
SUBJECT: Code Amendment to Chapter 20.65 (Height ITEM NO.2
Limits) (PA2003 -298) PA2003 -226
Proposed amendment to Section 20.65.070 (B) of the Municipal Code to I Approval
allow elevator shafts in excess of 25 square feet in area to exceed Recommended
applicable height limits by no more than 5 feet when mandated by the)
Building Code and Fire Department
At Commission inquiry, staff noted that the term 'elevator shaft' as!
defined in the Code is interpreted to mean the entire enclosure. It is;
that which is needed to house the elevator and all mechanical
equipment necessary to service a functional elevator and includes!
any extra places needed for equipment at either the top or base of
the elevator.
Public comment was opened.
Public comment was closed.
Commissioner Kiser asked for and received clarification of
terminology on Exhibit A of the Resolution. Staff concurred to
delete the word, 'to', as it was redundant.
Commissioner Cole noted that the current Code allows modest,
exceptions to the height limit, what is the genesis of why we are'
doing this?
Ms. Temple answered when the Zoning Code was updated in
1997, new requirements for the mechanical equipment servicing!
elevator had become problematic. There was a greater and'I
growing interest in the installation of elevators in residential!
buildings. Within the residential height limits it was almosti
impossible to do it without some form of exception. The Cityl
decided to actually grant accommodation for a small elevator as
commercial properties did not have the same issues because
those height limits were higher. We are now seeing in commercial
properties that it is becoming an issue due to the Fire Department
needs for egress and ingress of larger gurneys and their)
equipment. This amendment is therefore to address the gumeyl
size elevator only when required by the Fire and Building Code.
There is no specific size requirements of the Fire Code ford
mechanical equipment. The size of the screening of mechanical:
areas is what the Buildino Department determines is necessary to
Page 2
DRAFT,
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Planning Commission Minutes 02/05/2004
adequately service the building.
Motion was made by Commissioner Toerge to recommend
approval of Code Amendment No. 2003 -010 proposed amendment
to Section 20.65.070 (PA2003 -289).
_ . ...... . ... ....- . -... - - -- - .........- ....... -.... ......... - - .... - ........ -.....
Ayes: Eaton, Cole, Toerge, Selich, Kiser and Tucker
Noes: McDaniel
Absent: None
Abstain:. None
BJECT: Grade and Structure height (PA2003 -174)
of the definition of grade and how building height is'
Ms. Temple oted that recently when the Commission has seen an.
interest or ne&q to make substantive revisions to the Code, we have
found that it is � better to bring the issue to the City Council with the
question as to whether both staff and the Planning Commission should;
spend some time orb it. This is how we dealt with the questions on;
changes to the MdN�ification Permit findings. Staff has some
administrative problems iith the verbiage and concepts in the Code that:
were introduced in 1972 in`t �rms of height measurement. In these days
with the pressure to optimize ght and floor areas we are starting to see
pressure on how we admin the Code on a consistent basis. Staff.
would like to have a system that is straight forward and easier to
administer as a tot of staff time is expensed to explain how;
measurements are done and what th' words mean. If we could find an;
acceptable firm bench mark that is no disturbed by construction and'
makes sense for at least the flat areas inn ,,town then the answer is the'
answer and there is no reason to equivocatibn We would end up having
a bifurcated height measurement provisions b� ause we do need special;
provisions for slope and cliff areas. One thing do would be to agree
with staff that the item is worthy of discussion a dusk staff to carry a
report to perhaps a City Council Study session and a \f0rtheir direction !
of staff involvement.
Commissioner Eaton noted that the staff report dggood job of
illustrating what the problems are and recommends that tFtis item be:
brought forward to the City Council. He then asked about verbiage'
regarding using a basement for height limits. \
Ms. Temple answered the reason for that language is because they did
want to have to. Therefore. it said that if you have excavated for
Page 3
DRAFT
ITEM NO.3
PA2003 -174
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Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A -6214,
September 29, 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
February 14, 2004
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on February 14, 2004
at Costa Mesa, California.
—C /
Signature
NOTKEOF
PUBIK NUM
EakAllNnbnllntNo.
1003-01011`0003 -1891
NOTICE IS HEREBY
GIVEN that the City
Council of the City of
Newport Beach will hold
a public hearing on a
proposed code amend-
ment initiated by the
City of Newport Beach
for Code Amendment
No. 2003 -010.
Proposed amendment
to section 20.65.070
of the Manicipal Code
to allow elevator
shafts in excess of 25
square feet in area to
exceed applicable
height limits, by no
more than 5 feet,
when mandated by the
Building Code and Fire
Department.
This project has been
reviewed, and it has
been determined that it
is categorically exem pt'.
under the requirements
of the California Envi-
ronmental Quality Act
City Clerk, City of
under Class 5 (Minor
Newport Beach
Alterations in Land Use
Published Newport
Limitations).
Beach /Costa Mesa Daily
NOTICE IS HEREBY
Pilot February 14,
FURTHER GIVEN that
2e04 9e554
said public hearing will
be held on February 24,
2004, at the hour of
7.00 p.m. in the Council
Chambers of the New-
port Beach City Hall,
3300 Newport Boule-
vard, Newport Beach,
California, at which time
and place any and all
persons interested may
appear and be heard
thereon: if you challenge
this project in court, you
may be limited to raising
only those issuds you or
someone else raised at
the public hearing
described in this notice
or in written corre-
spondence delivered to
the City at, or prior to,
the public hearing. For
information call (949)
644 -3200.
/s/IaV. M. Hokkss
NOTICE OF PL`BLIC HEARING
Code Amendment No. 2003 -010
(PA2003 -289)
NOTICE IS HEREBY GINTN that the City Council of the City of Newport Beach will hold a
public hearing on a proposed code amendment initiated by the Cite of Newport Beach for
Code Amendment No. 2003 -010.
Proposed amendment to Section 20 65 070 of the Municipal Code to allow elevator shafts in
excess of 25 square feet in area to exceed applicable height limits by no more than 5 feet,
when mandated by the Building Code and Fire Department
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in
Land Use Limitations).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on
February 24, 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City
Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all
persons interested may appear and be heard thereon. If you challenge this project in court, you may
be limited to raising only those issues you or someone else raised at the public hearing described in
this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For
information call (949) 644 -3200.
yz�_ � A�
LaVonne M. Hark-Jess, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
Code Amendment No. 2003 -010
(PA2003 -289)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on a proposed code amendment initiated by the City of Newport Beach for
Code Amendment No. 2003 -010.
Proposed amendment to Section 20.65.070 of the Municipal Code to allow elevator shafts in
excess of 25 square feet in area to exceed applicable height limits by no more than 5 feet
when mandated by the Building Code and Fire Department
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in
Land Use Limitations).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on
February 24. 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City
Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all
persons interested may appear and be heard thereon. If you challenge this project in court, you may
be limited to raising only those issues you or someone else raised at the public hearing described in
this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For
information call (949) 644 -3200.
LaVonne M. Harkless, City Clerk
City of Newport Beach