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HomeMy WebLinkAboutCode Amendment to Chapter 20.65 (PA2003-289)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item:. February 5, 2004 TO: PLANNING COMMISSION FROM: Planning Department Gregg B. Ramirez, Associate Planner (949) 644 - 3230, gramirez (� city. newport- beach.ca.us SUBJECT: Code Amendment No. 2003 -010 (PA2003 -289) Proposed amendment to Section 20.65.070 of the Municipal Code to allow elevator shafts in excess of 25 square feet in area to exceed applicable height limits, by no more than 5 feet, when mandated by the Building Code and Fire Department. RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the proposed amendment to Title 20 of the Municipal Code to the City Council by adopting the attached draft resolution. DISCUSSION: Exceptions to Height Limits Section 20.65.070 of the Municipal Code includes provisions that allow modest exceptions to height limits. These exceptions include architectural features, screened mechanical equipment, elevator shafts, stairwells, chimneys and similar features. Subsection B states: Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened mechanical equipment, totaling no more than 25 square feet, shall be permitted to up to 5 feet in excess of the height limits. This section does not address situations when the Building Code or Fire Department requires an elevator larger than 25 square feet to accommodate a gurney. A gurney sized elevator is currently required for commercial projects and some multi - family projects. Staff proposes to include language within Section 20.65.070(B) that would allow a larger elevator shaft enclosure to exceed applicable height limits, by no more than 5 feet, only. when a gurney elevator is mandated by the Building Code and Fire Department. The proposed amendment Code Amendment - Exception to Height Limits January 13, 2004 Page 2 will allow applicants to avoid processing a Variance or Use Permit for building height when a gurney sized elevator is required. Discussions with Fire Department staff have found that currently, elevator shafts need to have a 8 feet x 10 feet (80 square feet) minimum dimension to accommodate the 84 -inch x 24 -inch gurney currently used by the Fire Department and Fire Department personnel. This does not include additional area for the exterior walls which will add to the overall square footage of the elevator housing. However, staff does not want to place a maximum square footage figure in the Code, as future Fire Department requirements may change and different manufacturers have different sizes of elevators that may be different than the 80 square foot estimate while meeting Fire Department size standards. Therefore, staff believes the code should be written in a manner that will be flexible with future Fire Department requirements, while allowing the portion of the elevator to exceed the height limit only to the minimum extent required to meet the Fire and Building Department requirements. Staff proposes that Section 20.65.070.B be amended to read: Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened mechanical equipment, totaling no more than 25 square feet, shall be permitted to up to 5 feet in excess of the height limits. Elevator shafts may exceed 25 square feet only when a larger elevator is required by the Building Code and /or Fire Department. In these instances, the area of the elevator shaft shall not exceed the minimum size required by the Building Code and/or Fire Department. Staff believes the proposed amendment meets the intent of the existing development regulations and allows future developments required to have gurney sized elevators flexibility and the same benefit as those that do not require such a large elevator. Environmental Review: This project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (minor Alterations in Land Use Limitations). 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. Code Amendment - Exception to Height Limits January 13, 2004 Page 3 Prepared by: Submitted by: R _ 3• P M a . Gregg B. Ramirez Patricia L. T ple Associate Planner Planning Director Exhibit: 1. Planning Commission Resolution EXHIBIT NO. 1 Planning Commission Resolution No. 2004 -_ RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2003 -010 (PA 2003 -289) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The proposed code amendment to Section 20.65.070(B) of Title 20 of the City of Newport Beach Municipal Code would allow elevator shafts in excess of 25 square feet in area to exceed applicable height limits, by no more than 5 feet, when mandated by the Building Code and Fire Department. The existing code regulations allow elevator shafts up to a maximum of 25 square feet in area to exceed applicable building height limits by 5 feet. The proposed code amendment will limit elevator shafts to the minimum size required to meet Building Code and/or Fire Department requirements. The proposed amendment will help avoid any unnecessary Use Permit or Variance applications for building height when a gurney sized elevator is required by the Building Code and /or Fire Department. Section 2. The City Council initiated this proposed amendment on January 13, 2004. Section 3. A public hearing was held on February 5, 2004 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. Section 4. The Planning Commission finds as follows: 1. The intent of the proposed amendment is consistent with the original intent of the of the Exceptions to Height Limitations Section 20.65.070(B) of the Municipal Code which allows modest exceptions to the height limits for such things as architectural features, screened mechanical equipment, covered stair access and elevator shafts. 2. The proposed amendment will allow elevator shafts greater than 25 square feet to exceed established building height limits, by no more than 5 feet, when mandated by the City of Newport Beach Fire Department and Building Department. Any elevator shaft utilizing this exception would be permitted to exceed the 25 square foot limit to the minimum extent required to meet Fire Department and/or Building Department requirements. City of Newport Beach Planning Commission Resolution No. _ Page 2 of 2 3. The proposed amendment to Section 20.65.070(6) of Title 20 is consistent with the General Plan and will not be detrimental to the City of Newport Beach. 4. The project has been reviewed and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. Section 5. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Code Amendment No. 2003 -010 to amend Section 20.65.070(6) of Title 20 of the Newport Beach Municipal Code as provided in attached Exhibit A. PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF FEBRUARY 2004. FEW In Earl McDaniel, Chairman Michael Toerge, Secretary AYES: EXHIBIT 'W$ Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened mechanical equipment, totaling no more than 25 square feet, shall be permitted to up to 5 feet in excess of the height limits. Elevator shafts may exceed 25 square feet only when a larger elevator is required by the Building Code and/or Fire Department. In these instances, the area of the elevator shaft shall not exceed the minimum size required by the Building Code and/or Fire Department.