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HomeMy WebLinkAboutZA2022-012 - APPROVING MINOR USE PERMIT NO. UP2021-038 FOR TENNIS COURT LIGHTING LOCATED AT 5 LEESBURY COURT (PA2021-237)RESOLUTION NO. ZA2022-012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT NO. UP2021-038 FOR TENNIS COURT LIGHTING LOCATED AT 5 LEESBURY COURT (PA2021-237) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Todd Skenderian Architects, with respect to property located at 5 Leesbury Court, and legally described as Tract 11605, Lots 7 and Portions of Lot 8 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow the installation of eight (8), 18-foot- high, outdoor tennis court lights in the rear yard of a residential property located in the Aeronutronic Ford Planned Community (PC-24). 3. The subject property is designated Single Unit Residential, Detached (RS-D) by the General Plan Land Use Element and is located within the Custom Lot, Residential Area (Area 5), of the Aeronutronic Ford Planned Community (PC-24). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 24, 2022 online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 3 exempts accessory structures for existing and new residential structures. The proposed project consists of eight (8), 18-foot-high, outdoor tennis court lights located in the rear yard of a single family, residential property. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Zoning Administrator Resolution No. ZA2022-012 Page 2 of 6 10-18-21 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan designates the site as Single Unit Residential Detached (RS-D), which applies to a range of detached single family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. 2. The proposed tennis court lighting, along with the tennis court itself, are consistent with the RS-D designation as they are accessory structures intended to complement an existing single family, residential dwelling. 3. Several other properties in the vicinity contain lighted tennis courts and are complementary to the surrounding residential neighborhood. These locations include 1 Leesbury Court and 5 Weymouth Court. Many of these lighted tennis courts were originally permitted in the late 1980s, when the Aeronutronic Ford Planned Community was constructed. 4. The subject property is part of the Aeronutronic Ford Planned Community, which allows tennis court lighting subject to an approved minor use permit. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The property is located in the Custom Lot, Residential Area (Area 5), of the Aeronutronic Ford Planned Community (PC-24). The proposed tennis court lighting is permitted subject to the approval of a minor use permit (MUP) pursuant to Section VIII of the Aeronutronic Ford Planned Community District Regulations. 2. The proposed tennis court lighting has been reviewed by the City and found to comply with the criteria outlined in Section VIII, except for the use of metal halide lights. Instead, LED lights are proposed as part of this project. Staff recommends this deviation from the Planning Community District Regulations be approved due to the fact that LED lights are more environmentally conscious than metal halide lights, and LED lights were not Zoning Administrator Resolution No. ZA2022-012 Page 3 of 6 10-18-21 commonly in use when the Aeronutronic Ford Planned Community Regulations were adopted in 1979. 3. The proposed tennis court lights are consistent with the general lighting standards found in Section 20.30.070 (Outdoor Lighting) of the Newport Beach Municipal Code, where the tennis court lighting will provide full cut-off fixtures and is conditioned to allow the Director to order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. Several properties near the subject lot also have tennis court lighting; therefore, the proposed lighting at the subject property complements the character of the surrounding community. These locations include 1 Leesbury Court and 5 Weymouth Court. Many of these lighted tennis courts were originally permitted in the late 1980s, when the Aeronutronic Ford Planned Community was constructed. 2. The tennis court lights have been conditioned to operate only between 6:00 a.m. and 11:00 p.m. to minimize the potential for disrupting neighboring properties. A light timer is not proposed as part of this minor use permit. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The subject lot is relatively flat, with a steep upward slope at the rear of the property. This slope will assist in shielding neighboring properties from the tennis court lights. 2. The tennis court lights have been designed to minimize light overflow and are directed away from neighboring properties and the public right-of-way. 3. A photometric study was conducted as part of this minor use permit to determine the spillover the proposed tennis court lighting is expected to have on neighboring properties and the public right-of-way. 4. The proposed tennis court lights are not expected to negatively impact public and emergency vehicle access or public services and utilities as they are minor accessory structures. Zoning Administrator Resolution No. ZA2022-012 Page 4 of 6 10-18-21 Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The proposed tennis court lights are minor accessory structures; therefore, they are not expected to impact the harmonious and orderly growth of the city. 2. The proposed tennis court lights have been conditioned to operate only between 6:00 a.m. and 11:00 p.m. to limit any disruption the lighting may cause to neighboring properties. A light timer is not proposed as part of this minor use permit. 3. Tennis court lights are a common structure in the vicinity. Existing tennis court lighting has not been found to negatively impact the community; the same can be expected from the proposed tennis court lights. The existing tennis court lighting at neighboring properties are also directed and shielded away from neighboring properties. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2021-038, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF FEBRUARY, 2022. Zoning Administrator Resolution No. ZA2022-012 Page 5 of 6 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan and lighting details stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Use Permit No. UP2021-038 shall expire unless exercised within 24 months from the date of approval as specified in Chapter 20.64 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. The tennis court lighting shall only be operated between 6 a.m. and 11 p.m. 6. The tennis court lighting shall be designed and maintained in such as manner as to conceal the light source and to minimize light spillage and glare to adjacent residential properties and streets. 7. This Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 9. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Zoning Administrator Resolution No. ZA2022-012 Page 6 of 6 10-18-21 Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 12. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 13. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Roberts Tennis Court Lighting including, but not limited to, Minor Use Permit No. UP2021-038 (PA2021-237). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 14. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code.