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Home My WebLink About05 - PA2006-078 - Light Standard Height Limits9 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT COUNCIL AGENDA Agenda Item No. 28 June 13, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Brandon Nichols, Assistant Planner (949) 644 -3234, bnichols _city.newport- beach.ca.us SUBJECT: Code Amendment No. 2006 -004 (PA2006 -078) Amendment to Chapter 20.65 (Height Limits) to add an exception for light standards to exceed height limits subject to the review and approval of a Use Permit INITIATED BY: City of Newport Beach RECOMMENDATION Staff recommends the City Council approve Code Amendment 2006 -004 by introducing Ordinance 2006 -_ and pass to second reading on June 27, 2006. DISCUSSION Background Chapter 20.65 of the Newport Beach Municipal Code (NBMC) establishes regulations that limit the height of buildings and structures throughout the City. The chapter also identifies exceptions to the height limits for certain classes of structures and architectural features including chimneys, cupolas, protective railings, solar equipment, and flag poles. The purpose of the proposed amendment is to add an additional exception to Chapter 20.65 that would allow light standards to exceed established height limits subject to review and approval of a use permit by the Planning Director. The amendment was considered by the Planning Commission on May 4, 2006 and was recommended for adoption. Existing Regulation Section 20.60.050 currently regulates the use of outdoor lighting for pools, tennis courts and other similar uses when located in a residential area or within 200 feet of the boundary of a residential district. The section requires a use permit for the installation, Height Limit Exception for Light Standards June 13, 2006 Page 2 maintenance, and operation of any such lighting and it does not provide relief from height limitations. The proposed amendment will have no effect on this section of the Municipal Code and therefore, any request for light standards that are in or within 200 feet of a residential area will continue to require a use permit reviewed by the Planning Commission. Proposed Amendment Under current regulations light standards are not permitted to exceed height limits and the code provides no procedure to provide relief for this type of structure. Projects where additional height may be necessary or desirable include, but are not limited to, parking lot illumination, school or institutional lighting, and park or athletic field lighting. In these cases, the proposed exception would give staff the flexibility to permit light standards in excess of height limits when the proposal would not have a detrimental effect on surrounding properties. The use permit requirement would allow the Planning Director, at herlhis discretion, to request any additional information necessary to assess the impact the proposed light standards could have on surrounding properties and land uses (i.e. lighting plan, photometric survey, and /or a nighttime inspection). The process would also allow projects to be conditioned to eliminate or reduce light trespass on neighboring properties through the use of full cutoff lighting fixtures, appropriate lighting types, and other light control measures. The proposed exception reads as follows: I. Light Standards Light standards necessary for the illumination of parking lots, athletic fields, and other similar outdoor areas may be permitted in excess of required height limits, subject to the review and approval of a use permit issued by the Planning Director. No light standard shall be approved that will have a negative impact on surrounding properties or a detrimental effect on the health, safety, or general welfare of the community. This exception shall have no effect on the requirements of section 20.60.050 (Outdoor Lighting) of this code. Pursuant to Chapter 20.60.050 light standards in or within 200 feet of a residential district shall continue to require review and approval of a use permit issued by the Planning Commission. Environmental Review It has been determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (CE-QA) 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). Height Limit Exception for Light Standards June 13, 2006 Page 3 Public Notice Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance of the hearing consistent with the requirements Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: randon1 ichols, Assistant Planner Attachments: Submitted by: Patricia L. Temple, Pla ning Director 1. Planning Commission Resolution 2. Minutes of the May 4, 2006 Planning Commission Meeting 3. Draft Ordinance RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT 13EACH RECOMMENDING ADOPTION OF CODE AMENDMENT NO. 2006 -004 TO ADD A HEIGHT LIMIT EXCEPTION TO CHAPTER 20.65 (HEIGHT LIMITS) OF THE NEWPORT BEACH MUNICIPAL CODE (PA 2006 -078) WHEREAS, The, Planning Commission initiated an amendment to Chapter 20.65 of the Municipal Code on April 6, 2006; and WHEREAS, A public hearing was held on May 4, 2006 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, Chapter 20.65 (Height Limits) of the Newport Beach Municipal Code regulates the height of all buildings and structures in the City of Newport Beach; and WHEREAS, Section 20.65.070 contains exceptions from required height limits for certain structures and architectural features but does not allow such an exception for light standards; and WHEREAS, under certain circumstances it may be appropriate and /or necessary to allow light standards to exceed established height limits when the project will not have a negative impact on surrounding properties and land uses; and WHEREAS, should this amendment be approved, a use permit issued by the Planning Director shall be required for any light standard(s) to exceed the height limits to ensure that said light standard(s) will have no detrimental effect on the health, safety or general welfare of the community. WHEREAS, 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) NOW, THEREFORE, BE IT RESOLVED Section 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Code Amendment No. 2006 -004 to amend Chapter y ATTACHNIEN'T 1 City of Newport Beach Planning Commission Resolution No. Page 2 of 2 20.65 of the Newport Beach Municipal Code by adding the following additional height limit exception to section 20.65.070 (Exceptions to Height Limits): Light Standards Light standards necessary for the illumination of parking lots, athletic fields, and other similar outdoor areas, may be permitted in excess of required height limits subject to the review and approval of use permit, issued by the Planning Director. This exception shall have no effect on the requirements of section 20.60.050 (Outdoor Lighting) of this code. Pursuant to Chapter 20.60.050 light standards in or within 200 feet of a residential district shall continue to require review and approval of use permit issued by the Planning Commission. All other provisions of Chapter 20.65 shall remain unchanged. PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF MAY 2006. go go Michael Toerge, Chairman Barry Eaton, Secretary AYES: NOES: S SUBJECT: Height Limit Exception for Light Standards (PA2006 -078) ITEM No. 4 CA No. 2006 -004 Code Amendment to add an exception with Chapter 20.65 (Height Limits) of the Municipal Recommended for Code. The exception would allow light standards to exceed required height limits subject Approval to the review and approval of a Use Permit. Brandon Nichols, Assistant Planner, gave an overview of the staff report. He noted the purpose A this amendment is to add another exception to Chapter 20.65 that would allow light standards o exceed established height limits subject to the review and approval of a use permit by the Nanning Director. This exception requires the use permit to ensure that the proposal does not ave a detrimental effect on surrounding properties and shall be for light standards necessary for he illumination of parking lots, athletic fields and other similar outdoor areas. Chairperson Toerge, referring to the resolution, asked that the wording related to no negative impact on surrounding properties and no detrimental effect on the health, safety or general welfare of the community be added in the Section 20.65.070 (Exceptions to Height Limits). Staff stated it could clarify the finding. However; it was determined that since the second part is finding of the use permit standard, it would be redundant. Discussion followed. Public continent was opened. Public comment was closed. Motion was made by Chairperson Toerge to recommend adoption of Code Amendment No. 006 -004, adding in the Light Standard.... "provided no negative impact on surrounding ro erties and land uses "... yes: Eaton, Hawkins, Cole, Toerge, Tucker and McDaniel Noes: None bsent: Henn bstain: None 4 ATTACHMENT 2 ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.65 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD AN EXCEPTION FOR LIGHT STANDARDS TO EXCEED HEIGHT LIMITS SUBJECT TO THE REVIEW AND APPROVAL OF A USE PERMIT (CODE AMENDMENT NO. 2006 -004). WHEREAS, the Planning Commission on April 6, 2006, initiated an amendment to the Newport Beach Municipal Code to add an exception for light standards to exceed height limits subject to the review and approval of a Use Permit; and WHEREAS, the Planning Commission on May 4, 2006, held a noticed public meeting regarding the proposed Code Amendment. At the conclusion of the meeting, the Planning Commission voted 6 -0 to recommend approval of the amendment to the City Council; and WHEREAS, the City Council on June 13, 2006, held a noticed public meeting regarding this Code Amendment; and WHEREAS, Chapter 20.65 of the Newport Beach Municipal Code regulates the height of all buildings and structures in the City of Newport Beach; and WHEREAS, Section 20.65.070 contains exceptions from required height limits for certain structures and architectural features but does not allow such an exception for light standards; and WHEREAS, under certain circumstances it may be appropriate and /or necessary to allow light standards to exceed established height limits when the project will not have a negative impact on surrounding properties and land uses; and WHEREAS, pursuant to this amendment, a use permit issued by the Planning Director shall be required for any light standard(s) to exceed the height limits to ensure that said light standard(s) will have no detrimental effect on the health, safety, or general welfare of the community. WHEREAS, 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). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: 1 ATTACHMENT SECTION 1: Amend Chapter 20.65 of the Newport Beach Municipal Code by adding the following additional height limit exception to section 20.65.070 (Exceptions to Height Limits): Light Standards. Light standards necessary for the illumination of parking lots, athletic fields, and other similar outdoor areas may be permitted in excess of required height limits, subject to the review and approval of a use permit issued by the: Planning Director. No light standard shall be approved that will have a negative impact on surrounding properties or a detrimental effect on the health, safety, or general welfare of the community. This exception shall have no effect on the requirements of section 20.60.050 (Outdoor Lighting) of ':his code. Pursuant to Chapter 20.60.050 light standards in or within '200 feet of a residential district shall continue to require review and approval of a use permit issued by the Planning Commission. 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 June 13, 2006 and approved on June 27, 2006, by the following vote, to wit: AYES; ABSENT: LVA ATTEST: CITY CLERK 2