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HomeMy WebLinkAbout03/30/1992 - Adjourned Regular MeetingCITY OF NEWPORT BEACH COLMIL MEMBERS ADJOURNED DATSC: MarchiJ30,119992rING ROLL CRLL Present x x x x x x Excused x Motion All Ayes 9 1 ion Ayes C is x x A. ROLL CALL.. B. Reading of Minutes of Meeting of March 23, 1992 was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: L. Mayor Sansone opened the continued public hearing regarding: A. Proposed ORDINANCE NO. 92 -3, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH PLANNED COMMUNITY DISTRICT REGULATIONS AND ADOPT A PLANNED COMMUNITY DEVELOPMENT PLAN FOR HOAG HOSPITAL. THE PROPOSAL WOULD ESTABLISH REGULATIONS AND DEVELOPMENT STANDARDS FOR THE LANG TERM BUILD -OUT OF ACUTE AND NOW- ACUTE HEALTH CARE FACILITIES. THE PROPOSAL ALSO INCLUDES AN AMENDMENT TO DISTRICTING MAPS N0. 22 AND 22 -A SO AS TO REDISTRICT THE HOSPITAL PROPERTY FROM THE A- P-H AND W (UNCLASSIFIED) DISTRICTS TO THE P -C (PLANNED COMMUNITY DISTRICT) • AN AMENDMENT TO CHAPTER 20.02 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO AMEND THE HEIGHT LIMITATION ZONES MAP AND THE LEGAL DESCRIPTION OF THE 26/35 FOOT HEIGHT LIMITATION DISTRICT TO PLACE THE LOWER CAMPUS WHOLLY WITHIN THE 32/50 FOOT HEIGHT LIMITATION DISTRICT; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING CONMISSION AMENDMENT NO. 744]; AND B. Proposed ORDINANCE N0. 92 -4, being, AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT NO. 5 FOR THE WAG HOSPITAL NASTER PLAN BETWEEN THE CITY OF NEWPORT BEACH AND ROAD MENDRIAL HOSPITAL PRESBYTERIAN; AND C. TRAFFIC STUDY NO. 81 - A request by Hoag Hospital to approve a Traffic Study so as to permit the construction of Phase I of the Hoag Memorial Hospital master plan of development; AND Volume 46 - Page 94 MINUTES INDEX Ord 92 -3 Zoning/ Hoag Hsptl (94) 1 92 -4 Hsptl mAgm 5 Stdy COUNCIL MEN CITY OF NEWPORT BEACH March 30, 1992 D. VARIANCE NO. 1180 - A request by Hoag Hospital to exceed the Base FAR of 0.5 up to the maximum FAR of 0.65 consistent with the provisions of the General Plan Land Use Element and Chapter 20.07.040 of the Newport Beach Municipal Code. Lower campus located at 4000 West Coast Highway, on the northerly side of West Coast Highway, between Newport Boulevard and Superior Avenue. Upper campus located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. Report from the Planning Department. Letters from the following in support of the project: Jim and Karen Whitaker, Frank W. Lynch, Burton Romberger, Norman R. Loats, Matt Gemmill, Rosemarie Nehez, Sheryl L. M. Long, Linda J. Goodman, Roy L. Freeman, Lynn Cathcart, Catherine Hansen Peters, Geraldine R. Frey, Mildred H. Glassell, letter signed by Bill (no address or last name listed), Michael F. Browning, Durand A. Riccardi, Nora Jorgensen, Josephine R. Cain, and Henry K. Swenerton. Letters from the following with concerns about the Proiect: Wanda Davis, Margaret Stewart, Frank and Roberta Jones, Victor B. Corey, Ed Deorr, President, Versailles Homeowners Association, Karl Hufbauer, President of SPON with letter to Planning Commission from Terry Watt, Planning Consultant, and Jan D. Vanderaloot. The City Clerk advised that after the agenda was printed, 35 additional letters were received from the following in support of the proposed expansion for Hoag Hospital: Robert Perkins (phone message), Barbara F. Dixon, Corky Whitford, Raymond and Karen Radzewicz, Len Fribourg, Charles H. Rivkin, "Gene" and Phyllis Baum, Roger and Jocel Gilbert, Judge James K. Turner (Rats Norris and Susan Battin, Carolyn H. Ouisley, Jack and Ann Lincoln, Guy Johnson, Mr. and Mrs. Robert Blackman, Barbara A. Quist, Mr. dand Mrs. Robert Perkins, Dee Neice Perkins, Alice Romero, Maryjean Harper, Alan J. Jacobs, H. R. Hundley, Dennis F. Katovsich, Cheryl Kosky, Kevin R. Gorman, Jim Glabman, Judy Grosenick, Selwyn Glasser, John and Mona Swain, John C. and Andrea Rohrer, Bill Lusk, Virginia Walker, Mary Ann and Douglas C. Ogilvie, Harold H. Birnkrant, Mary Kay Meltvedt, and Maurice B. Shuman. In addition, six letters were received from the following in opposition and /or expressing specific concerns relative to the proposal: Filomena and Bruce Forsyth, H. T. (Tom) Lennon, Jr., Salvatore and Anna Guidone, Mr. and Mrs. Edwin T. Lucas, Dorothy Hutchison, and Jan D. Vandersloot. Volume 46 - Page 95 MINUTES Variance 1180 -- d'7 E CI' CITY OF NEWPORT BEACH March 30, 1992 Patricia L. Temple, Advance Planning Manager, outlined the areas of concerns raised at the meeting of March 23 as a result of testimony and questions of the City Council regarding the following: - Analysis of General Plan Policies - Findings to Exceed the Basic Height Limit - Explanation of Height Limits - Cancer Center Expansion Height Limits - Validity of Computer Visual Analysis - Lower and Continuous Building to Reduce Lower Campus View Impacts - Height and Location of Critical Care /Surgery Addition - Processing of the Density Shift Alternative - Density Shift FAR's - Sites for Wetlands Mitigation - Noise Standards - Exterior Property Lines - Earthquake Fault Proximity - Corrosive Soils and Gas Hazard Mitigation Facilities. - Export of Corrosive Soils - Landslide Hazards - Hazard to Villa Balboa from Grading Vibration - Foundation Design and Groundwater - Liability of City Regarding Slope Stability - Traffic Service on Coast Highway - Superior Avenue Access Road - Definition of Critical Care - Occupancy of Acute Care Facilities In response to questions raised by Council Member Plummer, Ms. Temple indicated that prior to any building or grading permits being issued for this project, a soils analysis evaluation is required. While it is not anticipated that there are any "unbuildable" portions of the site, if an area of the property was found not to be mitigatable to levels to maintain acceptable health and safety standards, then a permit would not be issued. Council Member Plummer made reference to the methane gas issue and requested that staff prepare a comprehensive report reflecting the "overall picture," including a follow -up on the methane gas mitigation plan that was required for Newport Towne Homes development, etc. Council Member Watt referenced a newspaper article regarding the subway in Los Angeles, which noted that "despite a $2 million effort to plug holes in supposedly gas - impermeable plastic liners, runoff continues to trickle into the downtown Metro Center Station," and therefore, requested that staff contact the appropriate agency regarding this issue and report back. In reply to inquiry regarding the proposed Development Agreement with Hoag Hospital, the City Attorney stated that Volume 46 - Page 96 MINUTES ")IT Hoag Hsptl X, �f ti M.., � CITY OF NEWPORT BEACH March 30, 1992 Volume 46 - Page 97 I�.al� Hspti the subject agreement incorporates the project as approved by the City Council, which includes all the mitigation measures and provisions of the Environmental Document, and if the project proponent cannot satisfy those ® conditions, the buildings cannot be constructed. The City Manager pointed out that in Appendix I, Volume III of the EIR, reference is made to the testing that took place relative to the methane gas question, and indicates that it would not be a problem with adequate monitoring after construction. Hearing no further comments from the Council, Mayor Sansone announced that individual presentations would be received at this time: JoAnne D. Burns, 300 Cagney Lane, representing Friends of Cat -Tail Cove (a group of approximately 100 environmentally - concerned residents), gave a slide presentation depicting habitat types on the wetlands site, i.e., rabbits, squirrels, ducks, birds, one -cell plants, etc. She stated that Cat -Tail Cove is unique in that it has five habitats; 36 to 50 species on site; 3 "sensitive" species which have been seen on site; it acts as a reservoir /filter primary nesting habitat, and is also good for humans as a buffer zone as well as a resource and ® educational spot for children. In view of her comments, she urged that the Council consider rejecting the draft EIR inasmuch its the site is "good for many reasons, but a dangerous site for others." Dr. Jan D. Vandersloot, 2221 E. 16th Street, discussed adverse public health and safety impacts of the proposed master plan as identified in the draft EIR. He displayed slides depicting negative impacts as a result of noxious and hazardous gases on the site, and the earthquake fault which underlies the property. He also discussed alternative development concepts proposed by the Friends of Cat -Tail Cove as shown in a series of drawings. In conclusion, he indicated he felt there are still many questions regarding the adequacy of the EIR and the wisdom of allowing the expansion to proceed on the lower campus. He also recommended that the Council not approve the proposed Development Agreement, but in the event the document is approved, he submitted a letter recommending changes in the conditions of approval in order to "tighten up the language," and make the ® conditions legally enforceable. He emphasized, that "it does not make sense to locate a medical facility in this kind of hostile environment." Volume 46 - Page 97 I�.al� Hspti COUNCIL MEMBERS :7 ON March 30, 1992 In response to question raised by Council Member Plummer regarding drainage of the bluff, the Public Works Director reported that the slope northerly of Coast Highway was excavated and the material removed in the 1960's by a previous property owner, and aerial photography taken around that time shows that there was not the kind of seepage of ground water that is now evident in that area. There was really very little development on the mesa area to the north and he felt there was not enough ground water at that time to surface in any appreciable quantity. Ms. Temple commented that the River Channel is evident in aerial photographs and is approximately where the Balboa Coves waterway is located. Given the extent of the river flow, she felt it was possible that the toe of the original bluff might at some point in time may have been subject to inundation. On reviewing the historic aerial photos, there is vegetation on the old bluffs prior to being graded back. There is no dispute that a wetlands has been in existence on -site for some 25 years. In response to question raised by Council Member Hart, Ms. Temple advised that she will include in her report to the Council on April 13, information relative to the terminology "below a level of significance ", as well as preparing more refined mitigation measures in this area in response to the supplemental EIR. Rosemary Steinbrecher, 901 Cagney Lane, Versailles Condominiums, discussed the history of the subject property prior to its purchase by Hoag Hospital. She stated that the proposed expansion does not have community support, and that the project should be placed on the ballot for the voters to make this very important decision. Jill Lindsay, 4 Balboa Coves, Liaison to Balboa Coves Community Association, submitted a prepared statement summarizing the concerns of the 68 single - family residents of Balboa Coves. She stated that 1008 of the Balboa Coves residents will be affected by the lower campus development just as it has been affected by the Royal Thai and Avon Rent -A -Car commercial endeavors for the last forty years. Commercial development placed in the middle of a residential neighborhood is a very difficult living arrangement, and they don't want to compound these problems with burgeoning, constricted traffic lanes and obtrusive building masses as they envision with the proposed expansion. They asked for site poles to alleviate their concerns, but Hoag officials indicated it will create confusion among the masses as to the overall scope of the development. This philosophy eliminates their ability to Volume 46 - Page 98 MINUTES Hoag Hsptl COIL MEMBERS • 0 ON, CITY OF NEWPORT BEACH March 30, 1992 understand the effect the lower campus development will have upon them, and therefore, they encourage the City Council to reconsider the placement of the site poles. Secondly, Balboa Coves is extremely concerned over the three traffic studies that have been presented. Each of these are different in format:, composition and ultimately the projected impacts upon Pacific Coast Highway due to the proposed expansion. She stated that before making a decision on Hoag's draft EIE Master Plan, she would urge the City Council to consider the requests enumerated in her prepared statement. John Chamberlain, 260 Cagney Lane, Attorney representing himself and his wife, stated he was in opposition to the hospital's application for upper campus expansion on its western boundary as it will negatively impact his residence. In addition, 47 other dwelling units in Villa Balboa will also be affected. Specifically, the elements of this project include, 1) depravation of light to the elimination of all direct sunlight, 2) interruption of natural air flow, 3) elimination of any resemblance of privacy, 4) significant increase in noise from traffic, 5) afternoon glare from structures and windows, etc. The City has the legal power and authority to refuse the hospital's request for the upper campus envelope. In addition, disapproving the upper portion development of less than 9% of the hospital's total plan, is consistent with the City's General Plan which directs the preservation of the form and character of the villages of Newport Beach. Chris Hansen, 22 Encore Court, and William Jennings, 280 Cagney Lane, explained an exhibit showing building heights in relation to public views as a result of the proposed expansion. It was indicated that in order to comply with the requirements of the Recreation and Open Space Element, the heights must be lover in order to protect public views, and the question now is, how can they assure the City Council that the hospital can achieve their objectives in the Master Plan with the lower overall buildings? Mr. Hansen outlined a recommended solution for the protection of public views, while at the same time, making sure the hospital's objectives are met. He stated that the view lines shown on the exhibit represent that the bluff has gone; that the buildings are under the bluff, and the view is on top of the buildings. Council Member Watt requested that staff report back on the feasibility of underground parking. Volume 46 - Page 99 MINUTES Hoag Hspt COUNCIL MEMBERS u 0 :�61M)M1Dli O)RS:)9M March 30, 1992 Dr. Fleet E. Rust, Consultant for Hoag Hospital and expert in the area of methane gas, stated he has reviewed the staff report to the Planning Commission of February 20, 1992, as well as the draft EIR, Hoag Hospital Master Plan, Supplemental Draft EIR, letters from AQMD and California EPA, and in summary, the EIR and recommended project conditions and mitigation requirements adequately address the hazardous gas potential of the site. He stated this is not to say that the Hoag Hospital property is not without problems. They acknowledge there are gas problems, nevertheless, the problems have been addressed relating to hazardous levels of soil gases by way of imposing 24 conditions which will serve to allow development of the site to take place with public health and safety issues reduced to acceptable levels which are common place to many other parcels of land throughout Southern California. Implementation of the proposed mitigation measures shall serve to more accurately enable a design of a remediation system for the proposed development of the Hoag site. This effort will include the design of a health and safety plan which shall be utilized during all phases of construction activity. In response to questions raised by Council Members, Dr. Rust commented that as far as safety aspects during construction, he recently completed a 50 -page health and safety manual for a gas mitigation system in Huntington Beach and will furnish the Council with a copy. With respect to the mitigation systems being constructed in Santa Fe Springs, he is currently involved in the design, and so far they are a common undertaking and cause no problems. With regard to the quantity of methane gas on the Hoag site, he stated that he has not completed any study as yet, but if it is a very slow production rate, there should not be any problem in venting the gas. They also do not have any information available as to what chemicals are in the gases on site; however, they have prepared a report for another public entity concerning membranes and their interaction with various chemicals in the soil. It is their understanding that methane gas is the principal gas present on the Hoag property which should not affect the membranes. With regard to the term "acceptable level," he commented this is language that is used to mean it is generally considered "safe." Merrill E. Wright, Geological and Petroleum Consultant, author of Appendix I of the Draft EIR referred to earlier In the meeting, stated that he would not have supported the building of the Child Care Center at Hoag Hospital if he thought the methane gas was an issue and if he did not feel it was safe. He stated Volume 46 - Page 100 .�i iZ7L"s -9 Hsptl CITY OF NEWPORT BEACH COUNCIL MEMTIERS �� gf March 30, 1992 ROLL CRLL MINUTES INDEX o' that, in his opinion, to make the site Hoag HsprA safe with respect to the methane gas, would be to produce it as is being done by three productive wells. The production must continue until all the gas is out of the wells. He also noted that in his writing in Appendix I regarding the B" water table, in essence, means that the water table is about sea level and not 8 "; however, there is a water table which receives irrigation water from the water that comes from the hill. In summary, he stated that it was his professional opinion that the west campus site can be developed; that Hoag's plan to use the gas and "scrub it" is a good idea; and that the project is "safe" to build. In response to question raised by Council Member Plummer, Mr. Wright stated that it is possible the "burning methane gas vent" could be relocated and piped elsewhere, providing that site was acceptable to surrounding uses. Monte E. Ray, Registered Geologist and Director of Geological Services for Law /Crandall, Inc., stated that he has reviewed all the documents available concerning faulting in the subject area, and have determined that there are no significant faults of a young age that cut through the section of property in question. The nearest fault is approximately 500 feet to the west of the site, and it is not unusual for many hospital sites throughout Southern ® California area to be within a distance of three or four miles from an earthquake fault such as the Newport /Inglewood fault. With regard to potential mud slides on the bluff, he stated that the bluff is horizontally bedded and sandy, but for the most part, the bluff is stable. He also stated he has seen nothing in the investigations their firm has undertaken that would indicate that the site is unbuildable. In response to question raised by Council Member Watt regarding trenching of earthquake faults, Mr. Ray stated that trenching can give the age of a fault in some cases; however, in this particular, instance, he does not feel trenching would show anything more than what has already been found. At this time Mayor Sansone invited open public comments on this item. The following persons addressed the Council in ovvosition to the proposed expansion: Allan Beek, 2007 Highland Drive, representing SPON Steering Committee ® Alex Cormack, 260 Cagney Lane, #203 Dorothy Hutchison, 4011 Seashore Drive Richard Winegar, 280 Cagney Lane, #214, addressed the Council stating that he is a registered engineer, has 22 years experience in gas production, and is wnl,m,n A6 _ Pnoo lnl o' ROLL CRLL Motion All Ayes LIV1R[yiWS2:+:Ta[ "� X CITY OF NEWPORT BEACH \M\ March 30, 1992 concerned about the spacing in relation to buildings from wells and buildings from flares. He stated that the flare height in this particular instance is 25 feet in height, and when he walked by the flare, within 30 seconds he experienced a headache. He added that the Child Care Center is approximately 150 feet from the flare; and from the well it is approximately 140 feet, both of which are in violation of the petroleum industry standards, and suggested that the the spacing around the wells and flare needs further evaluation. Charles Lamb, 280 Cagney Lane, Villa Balboa, addressed the Council with concerns about the property value issue with regard to the lower campus. Based on his own personal experience, the County Assessor's office advised him that, upon review of his appeals form application, they were prepared to reduce the land value 50 %, resulting in a reduced $70,000 devaluation of his property assessment. He stated that should the Assessor's office prove to have the more accurate view than the disparity of the views contained in the EIR, then there is the potential removal of tens of millions of property tax base; whereas the proposed project does not provide any tax base replacement to the City. The following individuals addressed the Council in favor of the proposed expansion: Rosemarie Nehez, 4431 W. Coast Highway, President, Newport Townehomes Association Robert E. Badham, 1327 Antigua Way Dr. Joel H. Manchester, Medical Director of Cardiology, Hoag Hospital Dr. John Ferrer, 212 Via Koron Dr. Robert: Shapiro, 1306 Sandcastle Drive George Hoag II, 601 Lido Park Drive Robert L. McDaniel, 1854 Port Kimberly Place, President, 552 Club Thomas P. Riley, 1957 Port Dunleigh Dr. Robert Dillman, 1200 Polaris Drive, Medical Director of Hoag Cancer Center Audrey, O'Connor, 426 Aster, Laguna Beach, Nurse at Hoag Hospital William E. Bracey, 2601 Windover Due to the lateness of the hour, the Mayor announced that no further public testimony would be taken at this time. In view of the foregoing, motion was made to continue this public hearing to April 13, 1992. CURRENT BUSINESS: 1. Report from the Assistant City Attorney regarding: Interim ENERCENCY ORDINANCE NO. 92 -8, being, Volume 46 - Page 102 MINUTES INDEX Hoag Hsptl Ord 92 -8 New Adult Oriented Businesses (27) E on Ayes I1 COUNCIL MEMBERS x X.f CITY OF NEWPORT BEACH March 30, 1992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROHIBITING THE ISSUANCE OF ANY PERMITS FOR OR THE ESTABLISH)UM OF NEW ADULT OHM= BUSINESSES. It was noted that the City has recently received inquiries whether certain service - oriented businesses may include adult entertainment as part of that business. These traditional businesses such as barbershops, car washes, housecleaning services and juice bars, are reported to be opening in other cities with a new twist: the employees performing the services are nude or semi -nude. There is concern that traditional businesses mixed with adult entertainment can, if unregulated, cause both Planning and Police enforcement problems with illegal sexual activity and other criminal activity. The Police Department: believes that a thorough study of the potential impact and operations of these new adult - oriented businesses should be conducted immediately, and that a temporary prohibition be placed on the new establishment of such businesses. Therefore, the City Attorney's office recommend:; the proposed interim emergency ordinance which directs the Planning Department to immediately commence a study of potential impacts and appropriate zoning controls or other regulations to minimize or eliminate those impacts. Notion was made to adopt Ordinance No. 92 -8. Meeting adjourned at 10:20 p.m. to closed session to review Pending Litigation and Personnel matters; and reconvened at 10:45 p.m., and immediately adjourned. The agenda for this meeting was posted on March 19, 1992 at 8:45 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. dayor ATTEST: z) City Clerk w w �>• ; >•. � � tea" Volume 46 - Page 103 MINUTES INDEX New Adult Oriented Businesses