HomeMy WebLinkAboutCode Amendment-Chapter 20.65 (Height Limits) (PA2006-078)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
April 6, 2006
TO: PLANNING COMMISSION
FROM: Planning Department
Brandon Nichols, Assistant Planner
(949) 644 -3234, bnichols(&city newport- beach.ca.us
SUBJECT: Code Amendment No. 2006 -004 (PA2006 -078)
Initiation of a code amendment to Chapter 20.65 that would add a height
limit exception for light standards
INITIATED BY: City of Newport Beach
ISSUE
Should the Planning Commission initiate a code amendment to Chapter 20.65 (Height
Limits) that would add a height limit exception for light standards?
RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution No. 2006 -004 initiating
the code amendment.
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 certain classes of structures and architectural features that are exempt from
the height limits established by the chapter. Some exceptions are allowed by right, while
others require some form of discretionary review (i.e. modification permit, use permit, or
Planning Commission approval). Structures that can be exempted from required height
limits include cupolas, protective railings, solar equipment, and flag poles.
Code Amendment No. 2006 -004 - Height Limit Exception for Light Standards
April 6, 2006
Page 2
Proposed Amendment
Although Chapter 20.65 contains height limit exceptions for a number of architectural
features and structures, it contains no regulations relating to the height of light
standards. Therefore, under current regulations, light standards cannot exceed required
height limits, and Chapter 20.65 contains no procedure to provide relief for this type of
structure. The purpose of the proposed code amendment is to establish an additional
height limit exception that would allow light standards to exceed required height limits,
subject to the review and approval of a use permit issued by the Planning Director. The
use permit would give staff the flexibility to allow additional height for light standards
when the proposal would not have a detrimental effect on surrounding properties.
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 use permit process would allow the Planning Director, at
her/his discretion, to request additional information to assess any impact the proposed
light standards could have on surrounding properties and land uses (i.e. lighting plan,
illumination analysis, 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.
Section 20.60.050 (Outdoor Lighting)
Section 20.60.050 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 residential district. The section requires a use permit for the installation, maintenance
and operation of any such lighting. The proposed amendment will have no effect on this
section of the Municipal Code. 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.
Environmental Review
Requests to initiate code amendments are considered feasibility or planning studies by
staff, and are statutorily exempt pursuant to Section 15262 of the Implementing
Guidelines for the California Environmental Quality Act.
Public Notice
Public notice is not required to initiate a code amendment. Should the amendment be
initiated by the Planning Commission, the formal code amendment application will
require noticed public hearings at Planning Commission and City Council. However, this
item was included on the agenda for this meeting, which was posted at City Hall and on
the City's web site.
Code Amendment No. 2006 -004 - Height Limit Exception for Light Standards
April 6, 2006
Page 3
Prepared by:
Brandon Nichols, Assistant Planner
Exhibit:
A. Draft Resolution of Intent
Submitted by:
Pim
Patricia L. Temple, Pla ring Director
RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH INITIATING CODE AMENDMENT [CA 2006 -0041
WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the
Planning Commission to adopt a resolution initiating amendments to the Zoning Code of
the City of Newport Beach; and
WHEREAS, Section 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 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, 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.
NOW, THEREFORE, BE IT RESOLVED that The Planning Commission hereby
initiates Code Amendment No. 2006 -004 to add a height limit exception to Chapter 20.65
allowing light standards to exceed required height limits subject to review and approval of
a use permit by the Planning Director.
PASSED, APPROVED AND ADOPTED THIS 60' DAY OF APRIL 2006.
AYES:
NOES:
BY:
Michael Toerge, Chairman
City of Newport Beach
Planning Commission Resolution No. _
Paae 2 of 2
BY:
Barry Eaton, Secretary