HomeMy WebLinkAbout28 - Code Amendment 2006-004 - Height Limits - PA006-078CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
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, bnicholsaacitv.newport- beach.ca.us
SUBJECT: Cade 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 her /his 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 (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).
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:
Brandon ichols, Assistant Planner
Attachments:
Submitted by:
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 BEACH 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 Ilght 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
ATTACHi*IEN'r 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.
AYES:
NOES:
M
Michael Toerge, Chairman
BY:
Barry Eaton, Secretary
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
of this amendment is to add another exception to Chapter 20.65 that would allow light standards
to exceed established height limits subject to the review and approval of a use permit by the
Planning Director. This exception requires the use permit to ensure that the proposal does not
have 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
pact 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
fording of the use permit standard, it would be redundant.
Discussion followed.
Public comment 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
properties and land uses "...
Ayes:
Eaton, Hawkins, Cole, Toerge, Tucker and McDaniel
Noes:
None
Absent:
Henn
Abstain:
None
4
ATTACHMENT
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
ATTACHMEN 3
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 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.
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:
MAYOR
ATTEST:
CITY CLERK
2
NOTICE OF PUBLIC HEARING
Cade Amendment No. 2006 -004 (Height Limits)
(PA2006 -078)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on a proposed 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.
NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and 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).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on June 13,
2006, 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.
U S7� /77. lVk�
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
Code Amendment No. 2006 -004 (Height Limits)
(PA2006 -078)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on a proposed 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.
NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and 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).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on June 13.
2006, 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.
U 971.n.t- /97.
LaVonne M. Harkless, City Clerk
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p City of Newport Beach
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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 29,196 1. and A -2483I 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:
JUNE 03,2006
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on JUNE 031'2,006
at Costa Mesa, California.
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