HomeMy WebLinkAbout2007-06-06_GP-LCP IC Agenda Meeting PacketAGENDA
General Plan/LCP Implementation Committee
June 6, 2007
3:30 p.m.
City Council Chambers
1. Approve Action Minutes from May 23, 2007 Meeting
Attachment 1 3:30-3:35
2. Zoning Code Rewrite
Residential neighborhood character: Design standards or guidelines
without a formal review process
Identify a preferred methodology and provide direction to staff.
Attachment 2 3:35-4:15
3. Zoning Code Rewrite - Residential setbacks to remain on District Maps vs.
a more general regulation
Direct staff to retain current setbacks or change to a
general approach.
Attachment 3 4:15-5:15
4. Items for Future Agenda
5:15- 5:20
5. Public Comments on non -agenda items 5:20-5:30
CITY OF NEWPORT BEACH
GENERAL PLAN/LCP IMPLEMENTAION
COMMITTEE
DRAFT ACTION MINUTES May 23, 2007
Action Minutes of the General Plan/LCP Implementation Committee held at the City Council
Chambers, City of Newport Beach, on Wednesday, May 23, 2007
Members Present:
X
Ed Selich, Mayor Pro Tem, Chairman
X
Steve Rosansky, Mayor
X
Leslie Daigle, Council Member
X
Barry Eaton, Planning Commissioner
X
Robert Hawkins, Planning Commissioner
X
Michael Toer e, Planning Commissioner
Advisory Group Members Present:
X
Mark Cross
X
Larry Frapwell
William Guidero
X
Ian Harrison
X
Brion Jeannette
X
Don Krotee
X
Todd Schooler
Kevin Weeda
X
Dennis Wood
Staff Representatives:
X
Sharon Wood, Assistant City Manager
X
David Lepo, Planning Director
Robin Clauson, City Attorney
X
James Campbell, Senior Planner
X
GreggRamirez, Senior Planner
Committee Actions
Agenda Item No. 4
Motion: Committee directed staff to provide examples of grade determination using real
world conditions for methods nos. 2 and 3 at an upcoming meeting.
Vote: 5 Ayes, 1 Absent
Technical Paper #3
Design Guidelines and Design Standards
A. BACKGROUND
At their meeting of December 12, 2006, the City Council directed staff to prepare
development regulations (design guidelines) to implement the single and two unit
residential design polices in the General Plan. The current residential design guidelines
became effective April 1, 2007 and are considered temporary. They were adopted as an
uncodified ordinance rather than being included in Title 20 (Planning and Zoning) as the
City Council agreed with staff's recommendation that the design guidelines warranted
closer analysis during the Zoning Code rewrite process.
The current design guidelines cover only those General Plan policies related to
residential development that staff recommended be implemented at that time. Staff
believed that several policies that apply to single and two unit development would
require further analysis during the Zoning Code rewrite. Two reasons for not covering all
of the policies were; 1) a direct relationship with commercial development and the need
for more detailed study, and 2) the lack of good "one size fits all" design criteria.
Review of applicable projects under the current design guidelines occurs during the plan
check process. Planning staff reviews proposed projects against the design guidelines
and may require changes to plans if they do not meet the design criteria established in
the guidelines. Under the current process, applicants have the right to appeal staff's
decision to the Planning Commission.
Subsequent to the City Council's adoption of the design guidelines comments were
made that perhaps the design guidelines should be codified into the Zoning Code as
design "standards", which would not require subjective staff review as with design
"guidelines". This occurred because concern was expressed that the "guidelines" were
too subjective, required discretionary review, and may not always be consistently
applied or interpreted by all staff members responsible for the design review process.
B. DISCUSSION
There are three basic approaches available to the City for the implementation of the
General Plan's policies related to building design and community character.
1. Design guidelines (current process)
2. Specific design standards (prescriptive standards)
3. Specific design standards with alternative implementation criteria
A brief description of each approach is provided below. Examples of each approach are
provided at the back of the report.
1
Technical Paper#3
1. Design Guidelines
Design Guidelines and Design Standards
Design "guidelines" are usually written as general statements of what particular design
aspect or character is to be achieved and generally how to achieve it, hence it is a
guideline. In order to provide flexibility, design guidelines use words such as "should",
"encouraged", "discouraged", or "appropriate" and "inappropriate" instead of "shall" or
"required" since not every guideline may be appropriate for each project design. For
example, "Long, unarticulated exterior walls are discouraged. Wall offsets, varied
textures, wall openings and recesses, and design accents on building walls should be
used to enhance the building's architecture." In this example there are no "prescriptive"
standards from which to measure compliance. If in the subjective opinion of the staff
person reviewing the project the subject design appears to meet the "intent" of the
guideline (discourage flat walls), the project may be approved. If the design does not
appear to meet the intent of the guideline, the application may be rejected and the
applicant would have the ability to either redesign the project or appeal staff's decision
to the Planning Commission. The use of design guidelines does not guarantee quality
design, but their use can provide staff with the basic tools necessary to help prevent
bad or inappropriate design.
Pros: Design guidelines offer flexibility in how they are applied to individual
projects. Because of this, they allow the project reviewer to use discretion in
determining whether or not a project meets the intent of a particular guideline or
in some cases the overall intent of all the guidelines generally.
Cons: Since design guidelines do not usually provide measurable criteria, project
reviewers must rely on their best judgment to determine if a guideline is being
met. For example, how much wall offset or recess is appropriate or needed to
meet the intent of the guideline? The answer may depend on the architectural
style of the building. Because of their built-in flexibility, design guidelines may not
always be applied consistently by all staff members responsible for project
review.
2. Design Standards
Design "standards" are prescriptive rules that must be followed in order to obtain
approval of a project. Design standards are like any other development standards that
are applied to a project, such as building height, setbacks, or parking requirements. For
example, if a design standard states that, "a minimum wall offset shall be 3 feet", then
the standard is met if the offset is 3 feet or more. Standards generally provide no
flexibility in their application to a project - the project either meets the "minimum"
standard or it does not. If it does not meet the standard the applicant may either
redesign the project to meet the standard(s), or apply for a variance. However, it is
doubtful that the findings necessary for the approval of a variance could be made since
the "hardship" grounds for a variance would be extremely difficult to prove in a design
related matter.
May 30, 2007 Page 2 of 7
Technical Paper#3
Design Guidelines and Design Standards
Pros: Design standards offer consistency of application in that discretion and
judgment on the part of project reviewers are eliminated. Standards also offer
certainty for the project designer because the standards are clearly expressed in
quantifiable requirements.
Cons: Design standards offer no flexibility in the way a designer may choose to
approach a particular design issue, for example, the avoidance of long flat walls.
In this case the standard for wall articulation may require that, "a minimum 3 foot
wall offset be provided for every 20 feet of linear wall area". This type of
,.prescribed" standard may not be appropriate or necessary for every project, so
additional means to allow deviations or exceptions to the standards may need to
be developed in order to avoid requests for variances each time a standard
cannot or should not be met. Also, there could be a temptation to set the
standards low in order to avoid the need for variances, which would then allow
lower quality architecture than actually desired.
3. Design Standards with Alternative Methods
Design standards that provide several alternative ways in which the standards may be
met offer more flexibility than the single design standard approach described above. In
this example a specific design "standard" is stated and then several alternative means
for achieving that standard are provided. The project designer is free to select which
alternatives best fit the need of the project. The alternative means that are provided for
achieving the specific design standard may be stated as prescribed and quantifiable
standards (e.g., provide a 3 foot wall offset) or as more subjective statements
(guidelines), which may require discretion on the part of the reviewer (e.g., provide
recessed windows and doors, or step back upper stories of the building).
Pros: Design standards with alternative methods of implementation offers
increased flexibility for how a designer may choose to approach a particular
design issue. By providing alternative ways in which to meet the design standard,
the designer is able to select the design alternative(s) that best fit the particular
project.
Cons: Since not all alternative means for achieving a design standard may be
stated as quantifiable standards, some discretion and judgment would be
required on the part of the project reviewer. As with the design "guidelines" this
could lead to inconsistencies in the way the standards are applied.
C. EXAMPLES
The following examples are borrowed from several jurisdictions to illustrate the various
ways in which design guidelines and design standards may be approached. They are
provided as illustrative examples of the three different approaches discussed in this
paper and are not intended to be recommendations for use in the City.
May 30, 2007 Page 3 of 7
Technical Paper #3 Design Guidelines and Design Standards
1. EXAMPLES OF DESIGN GUIDELINES
A variety of elements such as front porches and balconies should
be considered, to create interesting spaces and transitional out-
door areas. Balconies could occur at upper level corners to lend
transparency to the mass, as well as help 'turn the corner'.
1. Architectural treatment of all elevations visible from public places, including alleys, is
encouraged. Treatments may include window treatments, cornices, siding, eaves,
and other architectural features.
a. Building Volume: There are several architectural approaches
used to minimize the appearance of build-
ing volume.
• To reduce building volume, understated entries and low pitched roofs
are strongly encouraged to help give a sense of human scale to
homes.
• Second floor balconies and small decks accented with landscaping
can reduce the visual impact of two-story structures_
• To reduce appearance of " boxiness", use of single story roofs and
porches on front elevations is encouraged_
• Expansive, two-story, floor to ceiling entries are strongly discour-
aged_
First and second floor plate heights should be consistent with those
established on other homes in the neighborhood.
May 30, 2007 Page 4 of 7
Technical Paper #3 Design Guidelines and Design Standards
2. EXAMPLES OF DESIGN STANDARDS
Front -facing garages door shall be recessed at least 3 feet be-
hind the front elevation of the house whenever possible. Re-
cessing front -facing garage doors behind the residential front
door is encouraged.
Note: Use of the words "Whenever possible" in the example above provides a degree of
flexibility in what otherwise appears to be a standard requirement. This technique may
help avoid the necessity for a variance if the standard cannot, or should not, be met for
a valid reason.
2.7. SIDE WALL ARTICULATION
A side wall o a bold"ng that is more than 15 feet high and is are average distance of 15
feet or less from an interior lot fine may not extend in an unbroken plane for more than 32
feet along a side lot line. To break the plane, a perpendicular wall articulation of not less
than four feet,, for a distance along the side property line of not Cess than 10 feet, is
required. See Figures 18 through 20.
A. Third Stories.
When a third story is provided, any livable space shall be placed within the middle one-
half of the third story area. Total square footage of the third story, including decks and
livable space shall not exceed 750 square feet.
May 30, 2007 Page 5 of 7
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A. Third Stories.
When a third story is provided, any livable space shall be placed within the middle one-
half of the third story area. Total square footage of the third story, including decks and
livable space shall not exceed 750 square feet.
May 30, 2007 Page 5 of 7
Technical Paper#3
Design Guidelines and Design Standards
3. EXAMPLES OF DESIGN STANDARDS WITH ALTERNATIVE METHODS
C. DeAgo Standards Redew
1. . ul redden::a] desvkapment h&U achim-e at a miniioi11E req:uedm=be7 of points in Fipies
3-12, 3-13 and 3.14.
2. Details of the Land Design Standards are inrtuded in Subsec::cm D. details of the Sheet and
Sidewalk Svmdards ate included m Sub,.e.mon E. and details of rhe Archicectvral Standwds are in
Subsection F.
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Note: The example above is based on a point system wherein the project designer is
provided flexibility in the way the design standards are met. In this example, in order to
be approved, a project would need to achieve a total of 40 points out of a possible 70
points.
C. Details. All residential buildings shall be enhanced with at least two of
the following details/elements into or near their primary fagade:
(1) Decorative porch design, including decorative wood balustrades similar
to those found throughout historical buildings in the core residential
neighborhood.
(2) Decorative molding /framing details around all ground floor windows and
doors.
(3) Decorative rooflines that borrow design elements from nearby historical
residential structures. This could include sloping rooflines with
multiple dormers, brackets, and/or rooflets.
May 30, 2007 Page 6 of 7
Technical Paper#3
Design Guidelines and Design Standards
(4) Decorative building materials, including decorative masonry, shingle,
brick, tile, stone, or other materials with decorative or textural qualities
approved by the planning director.
(5) Landscaped trellises or other decorative elements that incorporate
landscaping near the building entry.
c. Standard: Exterior elevations shall be articulated and detailed to provide visual interest and
scale by use of at least three of the following design parameters:
Parameters:
1) Offset building planes a minimum of two feet.
2) Provide recessed entries and windows.
3) Include projecting or recessed balconies.
4) Provide substantial roof overhangs with detailed rafter ends.
5) Design front porches a minimum of five feet deep.
6) Provide dormer windows.
7) Stepping back the second story.
8) Use of different building materials with varying textures and colors.
May 30, 2007 Page 7 of 7
FO
CITY OF NEWPORT BEACH
MEMORANDUM
TO: General Plan/LCP Implementation Committee
FROM: Gregg Ramirez, Senior Planner
DATE: May 29, 2007
RE: Zoning Code Re -Write — Issue No. 8
Residential setbacks to remain on Districting Maps vs. a more
general regulation
Setbacks — The Bio Question
Does the City want to eliminate the varying setbacks as they currently exist?
Elimination would, in theory, create equity among lots with similar dimensions
and lot area. If yes, the next question is whether a practical system can be
crafted to achieve standardization and remove the detailed setback information
from the maps and include them instead in the standard code regulations or
possibly newly designed setback maps. Whatever route is decided upon, staff
recommends replacing the outdated and difficult to update Districting Maps and
creating a new zoning map(s).
Districting Maps — The Official Zoning Maps
Located in the back of the zoning code are the official zoning maps for the City.
The Districting Maps (Maps) divide the City into 70 segments. The Maps contain
zone identification and City boundary lines expected to be found on zoning maps,
but they also contain a myriad of other types of information. Of the information
provided by the Maps, they are most often used to identify what zoning district a
property is in and in many areas what the applicable front and rear setbacks are
when setbacks differ from the zoning district standard. Front yard setbacks,
especially in older areas, often differ from block to block and even differ from lot
to lot in some areas. Additionally, the Maps often call out front and rear setbacks
on properties that are located on the water, or on bluffs or canyons. The Maps
also call out multi -family residential density and in some cases commercial FAR.
In most cases, staff must refer to the zoning code regulations, Land Use Element
and possibly a Planned Community document to obtain non-residential FAR's
and square footage limits. Following is a listing of information found on the Maps
and a Map number where this example can be seen. The referenced Districting
Maps are attached.
June 1, 2005 1
Information Found on Districting Maps
Lot by lot front setbacks
Map No.
53
Block by block setbacks
Map No.
14
Multiple setbacks on a single
property
Map No
33
3, 13,
Setback Call -Outs detailed
Map No.
11
Annexation Information
Map No.
33
Subdivision Information:
Map Number
Lot/Parcel Numbers
Map No.
36
Lot Dimensions
Map No.
3
Uncodifed Notes
Map No 7,13
Bulkhead and Pierhead Lines
Map No.
13
Lot Area
Map No.
22A
Dwelling Unit Limits
Map No.
8, 50
Non -Residential FAR
Map No.
3
Streets and other Rights -of
Way
Map No.
1
Street and alley width
Map No.
1
Bodies of water
Map No.
1
Code Amendments Revisions
Map No.
1
Setbacks — What are they used for?
Setbacks are the traditional tool used to create a development pattern and
attempt to ensure adequate light and air is provided for each lot. In Newport
Beach, the setbacks shown on the Districting Maps are thought to have been
developed through the identification of a predominate line of development for
entire blocks in areas like Corona Del Mar and Balboa Peninsula, or to create a
varied development pattern on a lot by lot basis in areas such as Irvine Terrace
and the "the Yacht Streets". As was the case with the square footage and
entitlement limits included in the 1988 Land Use Element, the setbacks shown on
the Districting Maps, in some cases, are a reflection of what was on the ground
at the time and possibly not intended to be used as a long term planning tool.
Setbacks are also used to determine the maximum floor area limit for the R-1,
R1.5, R-2 and MFR zoning districts. In these districts, the maximum floor area
limit is determined by multiplying the buildable area of the lot (lot size minus
setbacks) by a factor of 1.5, 1.75 or 2.0. Since the front yard setback varies from
block to block in several areas, lots that are the exact same size can have
different maximum floor areas. In the R -1-B zones, variable setbacks exist but
those zones use lot coverage to regulate building size.
June 1, 2005 2
Setbacks and Lot coverage
If a lot coverage regulation is ultimately used instead of the of maximum floor
area limit, as suggested at previous meetings, the setbacks will revert to the
more traditional role of regulating building location rather than size. Ideally lots of
like size would all have the same permitted lot coverage. Floor area would then
be limited uniformly to how much can be achieved within the lot coverage
maximums (which could vary for first, second and third floors), height limit and
any other development regulations, but not by buildable area. Staff believes that
an equitable lot coverage system can be created regardless of whether the
setback system is changed or not.
Case Study — Balboa Island
Balboa Island provides an excellent example of front setbacks that differ from
block to block. Although some variations exist, the majority of Balboa Island lots
are 30 feet wide x 85 feet deep (2550 square feet). Front setbacks, however,
differ from block to block. A 10 -foot front yard setback is the most common, but
as can be seen on Districting Map No. 14 (attached), inland front setbacks range
from 10 feet to 5 feet and bayfront setbacks range from 10 feet to zero. There are
also some side yard setbacks called out that supersede the typical 3 or 4 foot
requirement identified in the zoning code.
Below is a comparison of two 30 x 85 Balboa Island lots using a 5 foot and 10
foot front yard setback. A 65% lot coverage figure is also provided as a
comparison to the buildable area figure. As is indicated below, 65% lot coverage
is very close to the type of coverage being constructed today, as most new home
designs take advantage of using the entire buildable area. As mentioned above,
variable lot coverage, by floor, could be used along with other development
regulations to limit building square footage so, the 65% lot coverage figure
provided should be viewed as a possible staring point.
Setbacks
Lot Size
Buildable
Area
Floor Area
Limit*
65% Lot
Coverage
Front: 10
30x85 = 2550
24x70 =1,680
1,680 x 1.5 +
1,657 square
Sides: 3
Square feet
square feet
200 = 2,720
feet
Rear: 5
Front: 5
30x85 = 2550
24x75 = 1,800
1,800 x 1.5 +
1,657 square
Sides: 3
Square feet
Square feet
200 = 2,900
feet
Rear: 5
*1.5 x the buildable area plus 200 square feet if an enclosed two -car garage is
provided
June 1, 2005 3
Options
Below are three options identified by staff to address the varying setback issue.
The one constant with each is that the existing Districting Maps be replaced.
Option No. 1 — Retain Varying Setbacks and Simplify Zoning Maps)
Limit information on the Maps to zoning, setbacks, and density or intensity. This
could be done in one of two ways:
(a) a revised version of the Districting Maps covering the entire City, in color
and 11" x 17" in size, which would reduce the overall number of maps.
The maps would include zoning designation, setbacks, multi -unit
residential density and non-residential FAR or floor area limits; or
(b) one 36" x 48" citywide zoning map with 11" x 17" setback and residential
density maps as an appendix to the code (The 11" x 17" setback maps
would only be created for those areas of the City where setbacks and
multi -unit density need to be called out). The General Plan and Planned
Community documents would continue to be used to determine FAR and
floor area limits.
Option No. 2 — Eliminate Varying Setback Regulations
Eliminate setbacks from the zoning map and create a 36" x 42" zoning map.
Setbacks other than those identified as the standard for a particular zone would
be identified on the map through the use of a suffix (e.g. R -1-A). For example, all
properties in Old Corona Del Mar could be assigned the R -1-A designation,
which would be a single-family district with minimum 20 -foot front yard setbacks.
Or the suffix could represent lot size; for example, Corona del Mar could be R-1-
3500. Setbacks could then appear on a table in the code alongside other
development regulations and the variation eliminated.
If a standard setback approach was used, each area of the City would need to be
analyzed and the determination of an appropriate setback made. Here are two
possible methodologies:
1. Use either the most limiting or the most forgiving setback. If the more
limiting setback is used many non -conforming conditions would likely be
created. Although new non -conforming regulations could be crafted to
provide extra relief for affected properties, this would introduce a new
review process. If the most generous setback was used (i.e. shortest) the
development would eventually reflect the change as additions and new
construction take advantage of the new regulation.
2. Use the predominate line of development or stringline. In areas that
currently have varied setbacks (lot to lot or block to block), a predominate
June 1, 2005 4
line of development could be determined by staff prior to the design of
projects. Staff would use air -photos, surveys and field verification to make
the determinations. This method would eventually change the
development pattern as the predominate line would move out with each
new development. It also would result in uncertainty for property owners,
and introduce a new step in the development process.
There are, of course, many lots that may not fit nicely into this system. Among
those are lots where currently both the front and rear setbacks are called out
on the Maps such as in Cameo Shores (see Map No. 31). If standardization is
the goal, staff would need additional time to explore ways to address these
situations.
Conclusion
Staff recommends that Districting Maps as they exist be retired. They have
become a confusing tapestry of information that does not need to be in the
zoning code. Ideally, staff would prefer that more uniform setbacks be
established and shown on a table in the code. However, with such a long
development history with varying setbacks, and the difficulties and non -
conformities that could be created with a uniform setback system, we do not think
this is a change worth making. Instead, staff suggests that the Districting Maps
and setback requirements be simplified as much as possible while retaining
varying setbacks in older neighborhoods. It should be noted that staff makes this
recommendation with the assumption that the new code will either eliminate FAR
as a means of regulating the size of houses, or apply an FAR to the entire lot, not
just the buildable area. Staff requests that the Committee provide direction on
how setbacks should be established in the new code.
June 1, 2005 5
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yfF MgdfYFSNfI 6FlN6fGNAtor
.fan jp 4VlLY FYfFFUI
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DISTRICTING MAP ORD, 2000-2a Balboa Sign p lvy All signs in commercial disfri Pn
` ° °
Balboa Peninsula shall be subject to the regulations contained
the
D.v.,�y.Jy as Lops xwioui rxoesmics orixcex.mt
vrel, - 11 - 14 - 00
rxWrs.w nKF/.Mw.N>SAc� qxn vhYr _ in the Sabam Sign O20
2rvIaRT '.qF^I R9 To Rt NEWPORT BEACH CALIFORNIA
ooB. ai-ss aceouc PBITEaTe P.mc.srisal D! Us0 ORD. 2005-q Ade i a+lew Eh t Z0.67 pertaining,m regulation of signs .IFA UP. lMW G•L 9 PG ra . a NNO F8tA8- ((_A R—A P d basis. This Ordinance removes thealboa Si IWeri
Nan .1. 1. a Fan uxlta. DGr. o, mal AGRICULTURAL RESIDENTIAL �_ 7 MULTIPLE RESIDENTIAL a lops a c9^
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Changing the designation of 129 Agate Avenue
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,QEV. June 30, 2004 seE MAP No. /o 156 O
DISTRICTING MAP
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Copy
GPILCP Implementation Committee
Agenda Item No. 2
June 6, 2007
GENERAL PLAN SINGLE AND TWO -UNIT RESIDENTIAL POLICIES
Residential Neighborhoods
LU 5.1
Residential neighborhoods that are well-planned and designed, contribute to the livability
and quality of life of residents, respect the natural environmental setting, and sustain the
qualities of place that differentiate Newport Beach as a special place in the Southern
California region.
Policies
All Neighborhoods
LU 5.1.2 Compatible Interfaces
Require that the height of development in nonresidential and higher
density residential areas transition as it nears lower density residential
areas to minirtuze conflicts at the interface between the different types
of development. (Imp 2.1)
LU 5.1.3 Neighborhood Identification
Encourage and support the identification of distinct residential
neighborhoods. (Imp 1.1, 1.3)
LU 5.1.4 Neighborhood Maintenance
Promote the maintenance of existing residential units through code
enforcement and promotion of County and local rehabilitation
programs, and public education. This may include providing
information, guidance, and assistance where feasible. (Imp 23.3, 25.1,
26.1, 29.1)
GP/LCP Implementation Committee
Agenda Item No. 2
June 6, 2007
SINGLE-FAMILY DETACHED AND DUPLEX NEIGHBORHOODS
Mkl5_
^ �Pariuug�Adequae}?
GP/LCP Implementation Committee
Agenda Item No. 2
June 6. 2007
Goal
LU 5.6
Neighborhoods, districts, and corridors containing a diversity of uses and buildings that ate
mutually compatible and enhance the quality of the City's environment.
Policies
LU 5.6.3 Ambient Lighting
Requite that outdoor lighting be located and designed to prevent
spillover onto adjoining properties or significantly increase the overall
ambient illumination of their location. (mp 2. /)