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HomeMy WebLinkAboutCode Amendment_CA2007-004 (PA2007-056)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item 5 August 9, 2007 TO: PLANNING COMMISSION FROM: Planning Department Janet Johnson Brown, Assistant Planner (949) 644 -3236, jbrown @city.newport- beach.ca.us SUBJECT: Code Amendment No. 2007 -004 Screening of Mechanical Equipment (PA2007 -056) ISSUE Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to add regulations requiring the screening of all exterior roof - mounted and ground - mounted mechanical equipment on properties in all zoning districts? RECOMMENDATION Adopt the attached resolution recommending approval of Code Amendment No. 2007- 004 to the City Council. DISCUSSION Background: The Planning Commission initiated the proposed amendment on March 8, 2007. Introduction: Staff has been directed by City Council to amend the Zoning Code to address issues of concern in advance of the comprehensive review of the Zoning Code. This proposed amendment is intended to provide regulations requiring the screening of mechanical equipment that is located on the ground or on the roof of a building or structure. The current Zoning Code does not include regulations requiring the screening of mechanical equipment on properties located in the base residential, commercial, or industrial zoning districts. However, some Specific Plan Districts do include regulations for the screening mechanical equipment. For an example, the Central Balboa and Old Newport Boulevard Specific Plans include a general regulation stating "all exterior mechanical equipment, except solar collectors, shall be screened from view on all sides. Screening materials may have evenly distributed openings or perforations averaging 50 percent." Screening of Mechanical Equipment August 9, 2007 Page 2 The Santa Ana Heights and Mariners Mile Specific Plans include architectural and design guidelines that specifically address screening of roof - mounted and ground - mounted mechanical equipment. In the Business Park District of the Santa Ana Heights Specific Plan all roof -top mechanical equipment is required to be screened from view from adjacent streets and residential uses. As a result of these different variations within the Zoning Code, the treatment of mechanical equipment is not consistent throughout the City. Analysis: The General Plan Land Use Element includes goals and policies promoting high quality of architecture and site design for development in all districts. In addition, the Noise Element includes policies for mixed -use and commercial developments to locate noise generating elements such as mechanical equipment away from residential uses. Uniform regulations for the screening and proper location of mechanical equipment in all districts would be consistent with these goals and policies. The proposed amendment would modify the "Site Regulations" chapter of the Zoning Code by adding a subsection addressing the screening of roof - mounted and ground - mounted mechanical equipment in all zoning districts. New Section 20.60.020 F contains the following provisions: • All exterior roof - mounted and ground- mounted mechanical equipment shall be screened from public rights -of -way, public property and adjacent residential districts. • An exception to the screening of exterior roof - mounted and ground- mounted equipment has been included for situations where it can be clearly demonstrated that the equipment is not visible from any public rights -of -way, public property or adjacent residential use. • Screening of roof - mounted mechanical equipment shall be accomplished with mechanical roof wells or solid and permanent roof - mounted screen structures. The screening materials and details are required to be compatible with the architectural style, materials and color of the building. • Screening of ground- mounted mechanical equipment shall be accomplished with fences, walls or solid hedges, with landscaping adjacent to walls to soften the impact. In the case of Specific Plan Districts that contain regulations regarding the screening of mechanical equipment, the more restrictive regulations of the Zoning Code shall prevail. A copy of proposed Subsection 20.60.020 F is attached as Exhibit A. 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 Screening of Mechanical Equipment August 9, 2007 Page 3 have the potential for causing a significant effect on the environment (Section 15061(3) of the CEQA Guidelines). 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: Submitted by: jAa t n Brown, Assistant Planner Da�vid Lepo, P57'�fig Director EXHIBITS (in the order they are referenced within the report) 1. Draft resolution 2. Exhibit A F:\Users\PLN \Shared \PA's \PAs - 2007\PA2007 -056TIng Comm \PC Staff RPt.doc RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2007 -004 TO ADD REQUIREMENTS FOR THE SCREENING OF MECHANICAL EQUIPMENT IN ALL ZONING DISTRICTS (PA 2007 -056) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVED AND ORDERS AS FOLLOWS: WHEREAS, 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, the Planning Commission finds as follows: 1. 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. 2. 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. 3. 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. 4. 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 that based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Bach adopt Code Amendment No. 2007 -004 to amend Chapter 20.60 of the Newport Beach Municipal Code by adding addition regulations as provided in Exhibit A. Planning Commission Resolution No. _ Paae2of2 All other provisions of Chapter 20.60 shall remain unchanged. PASSED, APPROVED AND ADOPTED THIS DAY OF LYA M Chairman Secretary 0 EXCUSED: EXHIBIT A 20.60.020 Accessory Structures and Mechanical Equipment F. Exterior Roof - Mounted and Ground - Mounted Mechanical Equipment. 1. Screening 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 public rights - of -way, public property and adjacent residential districts 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, public property, or adjacent residential use, the Planning Director may waive the requirement to screen the equipment. 2. Roof - mounted Mechanical Equipment a. Height Limit. Roof - mounted mechanical equipment and screen structures shall be subject to the height limitation of Chapter 20.65. b. Setback Required. Roof - mounted mechanical equipment on non - residential developments shall be setback a minimum of 15 feet from the exterior edges of the building. The Planning Director may modify this requirement in the case of an existing building where it is not practical or feasible to meet this requirement. C. 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 Eauipment a. Setback Required. All exterior ground- mounted mechanical equipment and screening devises, 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 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.