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HomeMy WebLinkAbout3 - Code Amendment No. 2003-010CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT -� • Agenda Item: 19 February 24, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Gregg B. Ramirez, Associate Planner (949) 644 -3230, ramirez(a . city.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. E 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 20.65.070.6 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). 0 Code Amendment - Exception to Height Limits February 24, 2004 Page 3 0 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: �•st'tL Gregg B. Kamirez Associate Planner Attachments: 0 Submitted by: Patrick J. Alford 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) • 0 q 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 ". b 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 MAYOR ATTEST: CITY CLERK F • u 0 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. • 0 A ATTACHMENT B Draft Planning Commission Minutes from the February 5, 2004 Hearing • 0 0 i 9 ►J 0 Planning Commission Minutes 02/05/2004 Aosenr. , None Abstain: 1 None ; None 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 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 j growing interest in the installation of elevators in residential buildings. Within the residential height limits it was almost; impossible to do it without some form of exception. The City' 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 gurney) size elevator only when required by the Fire and Building Code. There is no specific size requirements of the Fire Code for: mechanical equipment. The size of the screening of mechanical areas is what the Buildino Denarlment determines is necessary to: Page 2 DRAFT. M 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). i� m Ayes: I Noes:' Absent: Abstain Eaton, Cole, Toerge, Selich, Kiser and Tucker McDaniel None None DRAFT I CT: Grade and Structure height (PA2003 -174) ITEM NO.3 PA2003 -174 ion of the definition of grade and how building height is Ms. Temple oted that recently when the Commission has seen an interest or ne6q to make substantive revisions to the Code, we have found that it is abetter to bring the issue to the City Council with the question as to whe�her both staff and the Planning Commission should spend some time ork it. This is how we dealt with the questions on changes to the M6 ification Permit findings. Staff has some administrative problems v' iith the verbiage and concepts in the Code that were introduced in 1972 in rms of height measurement. In these days with the pressure to optimi`t ze fight and floor areas we are starting to see pressure on how we administ the Code on a consistent basis. Staff; would like to have a system that is straight forward and easier to administer as a lot of staff tune is expensed to explain how; measurements are done and what the words mean. If we could find an acceptable firm bench mark that is ri6ttidisturbed by construction and makes sense for at least the flat areas in town then the answer is the answer and there is no reason to equivocation. We would end up having a bifurcated height measurement provisions b�gause we do need special provisions for slope and cliff areas. One thing kdo would be to agree; with staff that the item is worthy of discussion arid4ask staff to carry a!; report to perhaps a City Council Study session and ask for their direction i I of staff involvement. Commissioner Eaton noted that the staff report does a`' god job of illustrating what the problems are and recommends that mis 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 di_n''t want to have to. Therefore. it said that if you have excavated for a) Page 3 0 • P \b /5 ORDINANCE NO. 2004 -3 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 -010] 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(B) 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 ". 1 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 February 24, 2004, and adopted on the 9th day of March 2004, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None TENO] -N i] 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 onlywhen a larger elevator is required bythe 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. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach. California, do hereby certify that the whole number of members of the City Council is seven: that the foregoing ordinance, being Ordinance No. 2004 -3 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of March 2004, and that the same was so passed and adopted by the following vote, to wit: Aces: Heffernan, Rosansky, Adams, Bromberg, Webb. Nichols, Mayor Ridgeway Noes: None Absent: 'None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of March 2004. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAN %ON \E M. HARKLESS, City Clerk of the City of Newport Beach. California, do hereby certify that Ordinance No. 2004 -3 has been duly and regularly published according to law and the order of the City- Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: March 13, 2004. 2004. In witness whereof. I have hereunto subscribed.my name this day of City Clerk City of Newport Beach, California