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HomeMy WebLinkAbout3 - Screening of Mechanical Equipment - PA2007-056i CITY OF NEWPORT BEACH COUNCIL AGENDA CITY COUNCIL STAFF REPORT NO. 3 q W-07 . Agenda Item 18 September 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Janet Johnson Brown, Assistant Planner (949) 644 -3236, jbrown @city.newport- beach.ca.us SUBJECT: Code Amendment No. 2007 -004 Screening of Mechanical Equipment (PA2007 -056) ISSUE Should Title 20 (Zoning. Code) of the .Newport Beach Municipal Code be amended to add. regulations requiring the screening of all exterior roof - mounted and ground - mounted mechanical equipment on properties in all zoning districts? RECOMMENDATION Conduct. public hearing; introduce Ordinance No. 2007- approving Code Amendment 2007 -004 and pass to second reading on September 25, 2007. DISCUSSION Background: The, Planning Commission initiated the proposed amendment on March 8, 2007. Analvsis: The proposed amendment revises Title 20 (Zoning Code) to include regulations requiring the screening of mechanical equipment that is located on the ground or on the roof of a building or structure on properties located in all zoning districts. Currently, the Zoning Code does not include regulations requiring the screening of mechanical equipment on properties located in the base residential, commercial, or industrial zoning districts. However, some Specific Plan Districts do include regulations for the screening mechanical equipment. As a result of these variations within the Zoning Code, the treatment of mechanical equipment is not consistent throughout the City. Uniform regulations for the screening and proper location of mechanical equipment in all districts eliminate these inconsistencies. The proposed amendment will modify the "Site Regulations" chapter of the Zoning Code by adding a subsection addressing the screening of roof - mounted and ground - mounted mechanical equipment in all zoning districts. New Section 20.60.020 F contains the following provisions: • All exterior roof - mounted and ground- mounted mechanical equipment shall be screened from public rights -of -way and /or public property. • An exception to the screening of exterior roof - mounted and ground- mounted equipment has been included for situations where it can be clearly demonstrated that the equipment is not visible from any public rights -of -way, public property or adjacent residential use. • Screening of roof - mounted mechanical equipment shall be accomplished with mechanical roof wells or solid and permanent roof - mounted screen structures. The screening materials and details are required to be compatible with the architectural style, materials and color of the building. • Screening of ground- mounted mechanical equipment shall be accomplished with fences, walls or solid hedges, with landscaping adjacent to walls to soften the impact. In the case of Specific Plan Districts that contain regulations regarding the screening of mechanical equipment, the more restrictive regulations of the Zoning Code shall prevail. Once the proposed amendment is adopted and staff has had an opportunity to apply the new regulations, changes or additions to the regulations may be addressed through the comprehensive Zoning Code update if it is deemed necessary. Planning Commission Action: (� 1 The Planning Commission held a public hearing for the proposed am'endmenf" on August 9, 2007. Discussion at "the Planning Commission hearing focused' on the locations from which ground- mounted mechanical equipment shall be screened. Initially, the proposed regulation required that both roof - mounted and ground= Frrounted mechanical equipment be screened from view from any public rights -of -way,, public property or adjacent residential property, as seen from a point six (6) feet above ground level. It was determined by the Planning Commission that the requirement to screen ground- mounted mechanical equipment from adjacent residential properties could be problematic. Therefore, that requirement was removed from the regulation and changed to require that ground- mounted mechanical equipment be screened from public rights -of -way and /or public property. Environmental Review: It has been determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) since the act applies only to projects which have the potential for causing a significant effect on the environment (Section 15061(3) of the CEQA Guidelines). 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 Hail and on the City website. Prepared by: Submitted by: Janet Joffison Brown, As tant Planner Davialepo, Plaiinjo Director EXHIBITS 1. Draft ordinance 2. Planning Commission resolution 3. August 9, 2007 Planning Commission Staff Report 4. August 9, 2007 Planning Commission Minutes FAUsers\PLN\Shared\PA's1PAs - 20071PA2007- 05MCity Council= Staff Report.doc I k IN 13 A Exhibit No. I 1 I- ORDINANCE 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD REQUIREMENTS FOR THE SCREENING OF MECHANICAL EQUIPMENT IN ALL ZONING DISTRICTS [CODE AMENDMENT NO. 2006 -0071 WHEREAS, on March 8, 2007, the Planning Commission initiated amendments to Title 20 of the City of Newport Beach Municipal Code to add property development regulations requiring the screening of mechanical equipment in all.zoning districts; and WHEREAS, a public hearing was held on August 9, 2007, 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 l Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and U WHEREAS, current property development regulations for properties located in the base residential, commercial and industrial districts do not include provisions for the screening of roof - mounted and ground- mounted mechanical equipment;, and WHEREAS, Chapter 20.60 (Site Regulations) of the Newport Beach Municipal Code contains land use and development regulations applicable to sites in all or several districts, but excludes regulations requiring the screening of roof - mounted and ground- mounted mechanical equipment and *the proper location of mechanical equipment away from residential uses in the City; and WHEREAS, the adoption of such regulations is necessary in order encourage and preserve well- designed and planned residential, mixed -use, commercial and industrial developments in all zoning districts in the City A 2of3 WHEREAS, the Planning Commission held a public hearing on the proposed amendment on August 9, 2007; and WHEREAS, the Planning Commission voted unanimously to recommend approval of this code amendment to the City Council; and WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) since the act applies only to projects which have the potential for causing a significant effect on the environment (Section 15061(3) of the CEQA Guidelines). 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 as provided in Exhibit A. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on September 11, 2007, and adopted on the 25th day of September, 2007, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES. COUNCIL MEMBERS u ATTEST: CITY CLERK 11 ABSENT COUNCIL MEMBERS MAYOR Page 3 of 3 9 EXHIBIT A 20.60.020 Accessory Structures and Mechanical Equipment F. Exterior Roof - Mounted and Ground - Mounted Mechanical Equipment. 1. Screening Required. The screening of exterior roof - mounted and ground- mounted mechanical equipment is required in all zoning districts at the time of installation. Exterior roof - mounted and ground- mounted mechanical equipment (e.g. air conditioning, heating, ventilation ducts and exhaust vents, swimming pool and spa pumps and filters, transformers and generators, and similar equipment, but excluding solar collectors and related equipment), shall be screened from public view and adjacent residential districts, and shall comply with the following: a. Roof - mounted Mechanical Equipment. Roof - mounted mechanical equipment shall not be visible in any direction (360 degrees) from any public rights -of -way, public property or adjacent residential property as may be seen from a point six (6) feet above ground level on such adjacent property, public property or sidewalk on the opposite side of the street. In addition, screening of the top of roof - mounted mechanical equipment may be requited by the Planning Director, if necessary to protect views from a residential district. b. Ground- mounted Mechanical Equipment. Ground - mounted mechanical equipment shall be screened from any public rights -of -way and/or public property as seen from a point six (6) feet above ground level. C. Exception to Screeninq Requirement: Where it can be clearly demonstrated that the exterior roof - mounted or ground - mounted mechanical equipment is not visible from any public rights -of -way and /or public property, the Planning Director may waive the requirement to screen the equipment. 2. Roof - mounted Mechanical Equipment a. Height Limit. Roof - mounted mechanical equipment and screen structures shall be subject to the height limitation of Chapter 20.65. b. Screening Methods. Screening of exterior roof - mounted equipment shall be accomplished with mechanical roof wells recessed below the roof line or solid and permanent roof - mounted screens. Roof screen materials and details shall be compatible with the architectural style, materials and color of the building upon which the equipment is located, subject to the approval of the Planning Director. ra 3. Ground- mounted Mechanical Equipment a. Setback Required. All exterior ground- mounted mechanical equipment and screening devises, except landscaping, shall be subject to the setback requirements of Sections 20.60.020 and 20.60.030 of the Zoning Code. b. Screening Methods. Screening of ground- mounted mechanical equipment shall be accomplished with fences, walls, solid hedges or other methods approved by the Planning Director. Landscaping shall be incorporated in areas adjacent to walls to help soften the impact, subject to the approval of the Planning Director. Chain link fencing with or without slats is not allowed. 4 Sound Rating. All exterior roof - mounted and ground - mounted mechanical equipment shall be subject to Section 10.26.025 (Exterior Noise Standards) of the Newport Beach Municipal Code. 5. Mixed -Use and Commercial Zoning Districts. Mechanical equipment on development sites within mixed -use or commercial zoning districts shall be located so that the impact of noise on residential uses within the development and on adjacent residential uses is minimized to the greatest extent feasible. 6. Maintenance Required. All mechanical equipment screening devices and landscaping shall be retained and maintained in good condition at all times. Landscaping shall provide a dense, year - round screen. r �� Exhibit No. 2 u 0 �J A. RESOLUTION NO. 1729 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2007 -004 TO ADD REQUIREMENTS FOR THE SCREENING OF MECHANICAL EQUIPMENT IN ALL ZONING DISTRICTS (PA 2007 -056) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVED AND ORDERS AS FOLLOWS- WHEREAS, March 8, 2007, the Planning Commission initiated amendments to Tfie 20 of the City of Newport Beach Municipal Code to add property development regulations requiring the screening of mechanical equipment in all zoning districts; and WHEREAS, a public hearing was held on August 9, 2007, 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 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the Planning Commission finds as follows: 1. Current property development regulations for properties located in the base residential, commercial and industrial districts do not include provisions for the screening of roof - mounted and ground- mounted mechanical equipment. 2. Chapter 20.60 (Site Regulations) of the Newport Beach Municipal Code contains land use and development regulations applicable to sites in all or several districts, but excludes regulations requiring the screening of roof- mounted and ground- mounted mechanical equipment and the proper location of mechanical equipment away from residential uses in the City. 3. The adoption of such regulations is necessary in order encourage and preserve well - designed and planned residential, mixed -use, commercial and industrial developments in all zoning districts in the City. 4. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) since the act applies only to projects which have the potential for causing a significant effect on the environment (Section 15061(3) of the CEQA Guidelines). NOW THEREFORE, BE IT RESOLVED that based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Bach IV adopt Code Amendment No. 2007 -004 to amend Chapter 20.60 of the Newport Beach Municipal Code by adding addition regulations as provided in Exhibit A. ,h Planning Commission Resolution No. All other provisions of Chapter 20.60 shall remain unchanged. PASSED, APPROVED AND ADOPTED THIS 9th DAY OFAUGUST, 2007. AYES: Eaton Peotter, Hawkins, McDaniel, Toerge and Hillgren EXCUSED: Cole 2 of 2 C lea Exhibit No. 3 tq (�1 L A CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item 5 August 9, 2007 TO: PLANNING COMMISSION FROM: Planning Department Janet Johnson Brown, Assistant Planner (949) 644 -3236, jbrown @city.newport- beach.ca.us SUBJECT: Code Amendment No. 2007 -004 Screening of Mechanical Equipment (PA2007 -056) ISSUE Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to add regulations requiring the screening of all exterior roof - mounted and ground - mounted mechanical equipment on properties in all zoning districts? RECOMMENDATION Adopt the attached resolution recommending approval of Code Amendment No. 2007- 004 to the City Council. DISCUSSION Background: The Planning Commission initiated the proposed amendment on March 8, 2007. Introduction: Staff has been directed by City Council to amend the Zoning Code to address issues of concern in advance of the comprehensive review of the Zoning Code. This proposed amendment is intended to provide regulations requiring the screening of mechanical equipment that is located on the ground or on the roof of a building or structure. The current Zoning Code does not include. regulations requiring the screening of mechanical equipment on properties located in the base residential, commercial, or industrial zoning districts. However, some Specific Plan Districts do include regulations for the screening mechanical equipment. For an example, the Central Balboa and Old Newport Boulevard Specific Plans include a general regulation stating "all exterior mechanical equipment, except solar collectors, shall be screened from view on all sides. Screening materials may have evenly distributed openings or perforations averaging 50 percent." ,a Screening of Mechanical Equipment August 9, 2007 Page 2 The Santa Ana Heights and Mariners Mile Specific Plans include architectural and design guidelines that specifically address screening of roof - mounted and ground - mounted mechanical equipment. In the Business Park District of the Santa Ana Heights Specific Plan all roof -top mechanical equipment is required to be screened from view from adjacent streets and residential uses. As a result of these different variations within the Zoning Code, the treatment of mechanical equipment is not consistent throughout the City. Analysis: The General Plan Land Use Element includes goals and policies promoting high quality of architecture and site design for development in all districts. In addition, the Noise Element includes policies for mixed -use and commercial developments to locate noise generating elements such as mechanical equipment away from residential uses. Uniform regulations for the screening and proper location of mechanical equipment in all districts would be consistent with these goals and policies. The proposed amendment would modify the "Site Regulations" chapter of the Zoning Code by adding a subsection addressing the screening of roof - mounted and ground- mounted mechanical equipment .in all zoning districts. New Section 20.60:020 F contains the following provisions: • All exterior roof - mounted and ground- mounted mechanical equipment shall be screened from public rights -of -way, public property and adjacent residential districts. • An exception to the screening of exterior roof - mounted and ground - mounted equipment has been included for situations where it can be clearly demonstrated that the equipment is not visible from any public rights -of -way, public property or adjacent residential use. • Screening of roof - mounted mechanical equipment shall be accomplished with mechanical roof wells or solid and permanent roof - mounted screen structures. The screening materials and details are required to be compatible with the architectural style, materials and color of the building. • Screening of ground- mounted mechanical equipment shall be accomplished with fences, walls or solid hedges, with landscaping adjacent to walls to soften the impact. In the case of Specific Plan Districts that contain regulations regarding the screening of mechanical equipment, the more restrictive regulations of the Zoning Code shall prevail. A copy of proposed Subsection 20.60.020 F is attached as Exhibit A. Environmental Review: It has been determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) since the act applies only to projects which N Screening of Mechanical Equipment August 9, 2007 I Page 3 have the potential for causing a significant effect on the environment (Section 15061(3) of the CEQA Guidelines). 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 Halt and on the City website. Prepared by: Submitted by' I (Jtant on Brown, �v EXHIBITS (in the order they are referenced within the report) 1. Draft resolution 2. Exhibit A F:iusers\PLNiShared\PA :s\PAs - 200APA2007- 0561PIng Comm\PC Staff Rpt.doc n� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2007 -004 TO ADD REQUIREMENTS FOR THE SCREENING OF MECHANICAL EQUIPMENT IN ALL ZONING DISTRICTS (PA 2007 -056) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVED AND ORDERS AS FOLLOWS: WHEREAS, March 8, 2007, the Planning Commission initiated amendments to Title 20 of the City of Newport Beach Municipal Code to add property development regulations requiring the screening of mechanical equipment in all zoning districts; and WHEREAS, a public hearing was held on August 9, 2007, 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 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the Planning Commission finds as follows: 1. Current property development regulations for properties located in the base residential, commercial and industrial districts do not include provisions for the screening of roof - mounted and ground - mounted mechanical equipment. 2. Chapter 20.60 (Site Regulations) of the Newport Beach Municipal Code contains land use and development regulations applicable to sites in all or several districts, but excludes regulations requiring the screening of roof - mounted and ground - mounted mechanical equipment and the proper location of mechanical equipment away from residential uses in the City. 3. The adoption of such regulations is necessary in order encourage and preserve well - designed and planned residential, mixed -use, commercial and industrial developments in all zoning districts in the City. 4. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) since the act applies only to projects which have the potential for causing a significant effect on the environment (Section 15061(3) of the CEQA Guidelines). NOW THEREFORE, BE IT RESOLVED that based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Bach adopt Code Amendment No. 2007 -004 to amend Chapter 20.60 of the Newport Beach Municipal Code by adding addition regulations as provided in Exhibit A. 1a- Planning Commission Resolution No. _ Page 2 of 2 All other provisions of Chapter 20.60 shall remain unchanged. PASSED, APPROVED AND ADOPTED THIS DAY OF M Chairman BY: Secretary O fr Is EXC n3 EXHIBIT A 20.60.020 Accessory Structures and Mechanical Equipment F. Exterior Roof - Mounted and Ground- Mounted Mechanical Equipment. 1. Screening Required. The screening of exterior roof - mounted and ground- mounted mechanical equipment is required in all zoning districts at the time of installation. Exterior roof - mounted and ground- mounted mechanical equipment (e.g. air conditioning, heating, ventilation ducts and exhaust vents, swimming pool and spa pumps and filters, transformers and generators, and similar equipment, but excluding solar collectors and related equipment), shall be screened from public view and adjacent residential districts, and shall comply with the following: a. Roof - mounted Mechanical Equipment. Roof - mounted mechanical equipment shall not be visible in any direction (360 degrees) from any public rights -of -way, public property or adjacent residential property, as may be.seen from a point six (6) feet above ground level on such adjacent property, public property or sidewalk on the opposite side of the street. In addition, screening of the top of roof - mounted mechanical equipment may be required by the Planning Director, if necessary to protect views from a residential district. b. Ground- mounted Mechanical Equipment. Ground - mounted mechanical equipment shall be screened from public rights - of -way, public property and adjacent residential districts as seen from a point six (6) feet above ground level. C. Exception to Screening Requirement: Where it can be clearly demonstrated that the exterior roof - mounted or ground - mounted mechanical equipment is not visible from any public rights -of -way, public property, or adjacent residential use, the Planning Director may waive the requirement to screen the equipment. 2. Roof - mounted Mechanical Equipment a. Height Limit. Roof- mounted mechanical equipment and screen structures shall be subject to the height limitation of Chapter 20.65. b. Setback Required. Roof - mounted mechanical equipment on non - residential developments shall be setback a minimum of 15 feet from the exterior edges of the building. The Planning Director may modify this requirement in the case of an existing building where it is not practical or feasible to meet this requirement. q� C. Screening Methods. Screening of exterior roof - mounted equipment shall be accomplished with mechanical roof wells recessed below the roof line or solid and permanent roof - mounted screens. Roof screen materials and details shall be compatible with the architectural style, materials and color of the building upon which the equipment is located, subject to the approval of the Planning Director. 3. Ground - mounted Mechanical Equipment a. Setback Required. All exterior ground- mounted mechanical equipment and screening devises, except landscaping, shall be subject to the setback requirements of Sections 20.60.020 and 20.60.030 of the Zoning Code. b. Screening Methods. Screening of ground - mounted mechanical equipment shall be accomplished with fences; walls, solid hedges or other methods approved by the Planning Director. Landscaping shall be incorporated in areas adjacent to walls to help soften the impact, subject to the approval of the Planning Director. Chain link fencing with or without slats is not allowed. 4 Sound Rating. All exterior roof - mounted and ground- mounted mechanical equipment shall be subject Section 10.26.025 (Exterior Noise Standards) of the Newport Beach Municipal Code. 5. Mixed -Use and Commercial Zoninq Districts. Mechanical equipment on development sites within mixed -use or commercial zoning districts shall be located so that the impact of noise on residential uses within the development and on adjacent residential uses is minimized to the greatest extent feasible. 6. Maintenance Required. All mechanical equipment screening devices and landscaping shall be retained and maintained in good condition at all times. Landscaping shall provide a dense, year - round screen. U 2 Exhibit No. 4 12 tiI 11 lanning Commission Minutes 08/09/2007 Page 15 of 17 mmissioner Peotter noted he likes the fact that the applicant has been Mill to make the suggested changes and is spending the money to imnro a and enhance his business. Not having that additional landscaping Jrc is a deal breaker for me. I think this could be better architectural) na land ping wise and site design without losing square footage. H oted he w Id not be supporting this application. Commissioner 'llgren noted he has similar concerns, particularly with the circulation. It is difficult situation today that is not being improved at all other than slight[ visually. The restroom is problematic and it is appropriate to have ' ect access for the store. He stated he would no upport the motion. Commissioner Eaton not the improvements are significant with the andscaping at the corner. He oted he supports the motion. hairman Hawkins noted he beli es landscaping is possible on the Birch ide and addition of the secon restroom is beneficial and helpful, owever, he is concerned with the on tation of restroom doors and that is problematic. He noted he will not be su orting the motion. Ayes: Eaton, McDaniel and Toerge Noes: Peotter, Hawkins and Hillgren Excused: Cole Chairman Hawkins noted it is a good project an ould help the area. Th applicant has the opportunity to appeal this decisio to the City Council. Lepo suggested another motion that this be dem d without prejudice and direct the applicant to go back and revise his pro ct in light of th concerns expressed_ tonight and return at another hearing. Assistant City. Attorney Harp noted it would be appropriate o make a Iternative motion. Commissioner McDaniel noted he would like to give the opportunity r th pplicant to re- submit his proposal with a full Commission to vote. Mr. Imbrahams noted he would.like to come back. Motion was made by Commissioner McDaniel and seconded by ommissioner Peotter to continue this item so the applicant would have e opportunity to re- submit his proposal no later than October 18, 2007. yes: Eaton, Peotter, Hawkins, McDaniel, Toerge and Hillgren oes: None bstain: Cole ITIEW NO. 5 SUBJECT: Code Amendment No. 2007 -004 (Screening of Mechanical PA2007 -056 Equipment) (PA2007 =056) Recommended Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be for approval mended to add regulations requiring the screening of all exterior roof - mounted and ground- mounted mechanical equipment on properties in all oning Districts? Planning Commission Minutes 08/09/2007 Public comment was opened. Public comment was closed. Commissioner Peotter asked why the 15 feet from exterior edge of the wilding was a requirement. If there is a parapet, would 6 inches be ufficient, and do you care? Mr. Lepo answered that could be deleted. Commissioner McDaniel noted his concern of the ground- mounted mechanical equipment Condition 1b. If I lived on Balboa Island with a three-foot setback, there is no way I could comply. This would be roblematic to place screening so as not to be visible from other esidences. Following a brief discussion staff recommended removing reference to "adjacent residential districts" from both. Condition 1a and 1b. Motion was made by Commissioner Peotter and seconded by Commissioner McDaniel to recommend approval to City Council with the removal of Condition 2b and the last sentence reference in Condition 1b and 1c to "residential districts" be stricken. Ayes: Eaton. Peotter, Hawkins, McDaniel, Toerge and Hillgren Noes: None Excused: Cole ITEM N0: & UB CT: Special Meeting August 21St regarding Group Homes Following co ents, this item was received and filed. Discussion Item ITEM NO. 7 UBJECT: Recomme ation for appointment as a representative to e Special Needs Committee o e OCTA's Board of Directors. Discussion Item ollowing comments, this item was recei d and filed. ADDITIONAL BUSINESS: ADDITIONAL BUSINESS a. City Council Follow -up - Mr. Lepo noted the Affo ble Housin Implementation Plan was approved by the City uncil i conjunction with the General Plan Amendment and Coast an Use Plan Amendment that would accommodate the constructio the condominium units in Newport Center by Lennar Homes. Thi went to Coastal Commission with a recommendation to change th land use designation to residential; however, Coastal Commissio required mitigation of $5 million for Phase 2 renovations at Crysta Cove State Beach and that was added as part of our language in th Coastal Land Use Plan. Lennar agreed to this as well as Cl.. /T.\i i__.._ \nT ATOL --- A\TL­:..... (i,��...n:nn:���D(� Tii:m•kcn�')nn %�..�..n4_no_n7 t,h Page 16 of 17 ' 0 � 3b nROMW7 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 1[, 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: September 29, 2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 1, 2007 at Costa Mesa, California. Signatur REC7i r- 7[01 OCT -3 AM 7 00 I ? 0i, T , ORDINANCE No. 2001 -14 AN ORDINANCE OF THE CITY COUNCIL OF THE CRY Of NEWPORT BEACH AP- PROVING AN AMENDMENT TO TITLE 20 OF THE NEW PORT BEACH MUNICIPAL (ODE TO ADD REQUIREMENTS FOR THE SCREENING Of MECHANICAL EQUIPMENT IN ALL ZONING DISTRICTS [(ODE AMENDMENT NO. 2006 - Subject ordinance was adopted on the 25th day of September. 2007- AYES, COUNCIL MEM- BERS: HENN, CURRY, SELICH, WEBB, DAIGLE. GARDNER. MAYOR ROSANSKY NOES, COUNCIL MEM- BERS:NONE ABSENT COUNCIL MEM- BERS:NONE ABSTAIN COUNCIL MEM- BERS:NONE 'MAYOR: Steven Ro52n5KY CITY CLERK: LaVOnne M. Harkless The entire text is avail able for review in the City Clerk's office of the City Of Newport Beach. Published Newport Beach /Costa Mesa Daily Pilot September 5a] . 2007