HomeMy WebLinkAbout2007-14 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code to Add Requirements for the Screening of Mechanical Equipment in All Zoning Districts (Code Amendment No. 2006-007).ORDINANCE NO. 2007-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20
OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD
REQUIREMENTS FOR THE SCREENING OF MECHANICAL
EQUIPMENT IN ALL ZONING DISTRICTS [CODE AMENDMENT
NO. 2006-0071
WHEREAS, on 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, 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; and
WHEREAS, 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; and
WHEREAS, 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
WHEREAS, the Planning Commission held a public hearing on the
proposed amendment on August 9, 2007; and
WHEREAS, the Planning Commission voted unanimously to recommend
approval of this code amendment to the City Council; and
WHEREAS, 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).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be
amended as provided in Exhibit A.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the City, and the same shall become effective thirty (30) days after
the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on September 11, 2007, and adopted on the 25th
day of September, 2007, by the following vote, to wit:
AYES, COUNCIL MEMBERS Henn, Curry, Selich,
Webb, Daigle, Gardner, Mayor Rosansky
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
EXHIBIT A
20.60.020 Accessory Structures and Mechanical Equipment
F. Exterior Roof - Mounted and Ground - Mounted Mechanical Equipment.
1. Screenina 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 any public
rights -of -way and /or public property 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 and /or public property, the Planning
Director may waive the requirement to screen the
equipment.
2. Roof - mounted Mechanical Equipment
a. Heiaht Limit. Roof- mounted mechanical equipment and
screen structures shall be subject to the height limitation of
Chapter 20.65.
b. 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 Equipment
a. Setback Required. All exterior ground- mounted mechanical
equipment and screening devices, 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 to 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2007 -14 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th
day of September 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of September 2007.
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City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2007 -14 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: September 29, 2007.
In witness whereof, I have hereunto subscribed my name this day ofOCLPU=-
2007. �JiC!'✓ �'f �9� °
City Clerk
City of Newport Beach, California