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HomeMy WebLinkAboutCode Amendment-Chapter 20.65 (Height Limits) PA2006-078)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. `i May 4, 2006 TO: PLANNING COMMISSION FROM: Planning Department Brandon Nichols, Assistant Planner (949) 644 -3234, bnicholsa- city.newport- beach.ca.us SUBJECT: Code Amendment No. 2006 -004 (PA2006 -078) Proposed amendment to Chapter 20.65 (Height Limits) to add an exception for light standards to exceed height limits subject to the review and approval of a Use Permit INITIATED BY: City of Newport Beach Staff recommends the Planning Commission adopt the attached resolution recommending adoption the proposed 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 exceptions to the height limits for certain classes of structures and architectural features including chimneys, cupolas, protective railings, solar equipment, and flag poles. The purpose of the proposed amendment is to add an additional exception to Chapter 20.65 that would allow light standards to exceed established height limits subject to review and approval of a use permit by the Planning Director. The amendment was initiated by the Planning Commission on April 6, 2006. Existing Regulation Section 20.60.050 currently 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 and it doesn't provide any relief to Height Limit Exception for Light Standards April 6, 2006 Page 2 height limits. The proposed amendment will have no effect on this section of the Municipal Code and 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. Proposed Amendment Under current regulations light standards are not permitted to exceed height limits and the code provides no procedure to provide relief for this type of structure. 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 proposed exception would give staff the flexibility to permit light standards in excess of height limits when the proposal would not have a detrimental effect on surrounding properties. The use permit requirement would allow the Planning Director, at her /his discretion, to request any additional information necessary to assess the impact the proposed light standards could have on surrounding properties and land uses (i.e. lighting plan, photometric survey, 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. The proposed exception reads as follows: Light Standards Light standards necessary for the illumination of parking lots, athletic fields, and other similar outdoor areas, may be permitted in excess of required height limits subject to the review and approval of use permit, issued by the Planning Director. This exception shall have no effect on the requirements of section 20.60.050 (Outdoor Lighting) of this code. Pursuant to Chapter 20.60.050 light standards in or within 200 feet of a residential district shall continue to require review and . approval of use permit issued by the Planning Commission. 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 have the potential for causing a significant effect on the environment (Section 15061(3) of the CEQA Guidelines). Height Limit Exception for Light Standards April 6, 2006 Page 3 Public Notice Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance of the hearing consistent with the requirements Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Brandon Nichols, Assistant Planner Exhibit: A. Draft Resolution Submitted by: Patricia L. Temple, Plan ing Director RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF CODE AMENDMENT NO. 2006 -004 TO ADD A HEIGHT LIMIT EXCEPTION TO CHAPTER 20.65 (HEIGHT LIMITS) OF THE NEWPORT BEACH MUNICIPAL CODE (PA 2006 -078) WHEREAS, The Planning Commission initiated an amendment to Chapter 20.65 of the Municipal Code on April 6, 2006; and WHEREAS, A public hearing was held on May 4, 2006 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, Chapter 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 20.65.070 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. WHEREAS, 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 have the potential for causing a significant effect on the environment (Section 15061(3) of the CEQA Guidelines) NOW, THEREFORE, BE IT RESOLVED Section 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Code Amendment No. 2006 -004 to amend Chapter City of Newport Beach Planning Commission Resolution No. _ Pape 2 of 2 20.65 of the Newport Beach Municipal Code by adding the following additional height limit exception to section 20.65.070 (Exceptions to Height Limits): Light Standards Light standards necessary for the illumination of parking lots, athletic fields, and other similar outdoor areas, may be permitted in excess of required height limits subject to the review and approval of use permit, issued by the Planning Director. This exception shall have no effect on the requirements of section 20.60.050 (Outdoor Lighting) of this code. Pursuant to Chapter 20.60.050 light standards in or within 200 feet of a residential district shall continue to require review and approval of use permit issued by the Planning Commission. All other provisions of Chapter 20.65 shall remain unchanged. PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF MAY 2006. BY: Michael Toerge, Chairman ffim Barry Eaton, Secretary AYES: NOES: