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Home My WebLink About2007-14 - 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. 2006-007).ORDINANCE NO. 2007-14 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 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and 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 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 Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None EXHIBIT A 20.60.020 Accessory Structures and Mechanical Equipment F. Exterior Roof - Mounted and Ground - Mounted Mechanical Equipment. 1. Screenina 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 any public rights -of -way and /or public property 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 and /or public property, the Planning Director may waive the requirement to screen the equipment. 2. Roof - mounted Mechanical Equipment a. Heiaht 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. 3. Ground- mounted Mechanical Equipment a. Setback Required. All exterior ground- mounted mechanical equipment and screening devices, 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. 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. 2007 -14 as 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 25th day of September 2007, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of September 2007. r & City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION 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 Ordinance No. 2007 -14 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: September 29, 2007. In witness whereof, I have hereunto subscribed my name this day ofOCLPU=- 2007. �JiC!'✓ �'f �9� ° City Clerk City of Newport Beach, California