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HomeMy WebLinkAbout1574 - CERTIFY EIR AND APPROVE UP AND SD_2300 BONITA CANYON DRIVERESOLUTION NO. 1574 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH CERTIFYING AN ENVIRONMENTAL IMPACT REPORT NO. 2002-001 AND APPROVING USE PERMIT NO. 2002 -036 AND SITE PLAN REVIEW NO. 2002-005 FOR THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, NEWPORT BEACH TEMPLE TO BE LOCATED AT 2300 BONITA CANYON DRIVE (PA2001 -208). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was filed by the Church of Jesus Christ of Latter Day Saints (LDS). with respect to property located at 2300 Bonita Canyon Drive, and legally described as Parcel 1 per Exhibit B attached to Lot Line Adjustment No. 14065 -LL and Grant Deed Recorded per Document No. 93- 0425720, for a Use Permit and Site Plan Review to allow the construction and operation of a Temple, with a 123 foot, 9 inch high steeple, on an 8.65 acre site within the Bonita Canyon Planned Community. Section 2. Public hearings were held on September 5, 2002 and October 3, 2002, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings was given. Evidence, information, and opinion, both written and oral, and drawings, photographs, plans, simulations materials and diagrams were presented to and considered by the Planning Commission at the meetings. Section 3. The Planning Commission finds as follows: 1. Approval of Use Permit No. 2002 -36 for the proposed LDS Temple is supported by the following facts: a) The proposed location of the use is in accord with the objectives of the Zoning Code and the purposes of the district in which the site is located. The zoning of the site is PC -50, Bonita Canyon Planned Community. The proposed use is within Sub Area No. 7 of the Bonita Canyon Planned Community, which is designated for Public /Semipublic uses. The purpose of the designation is contained within the preface of the Planned Community Development Plan and states that "Sub -area 7 is designated Public /Semipublic to reflect an existing church on the property." The existing church on the property is the LDS Stake Center. An LDS Temple is consistent with the designation of the site. b) The proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city, for the following reasons: Planning Commission Resolution No. 1574 Page 2 of 10 i) The project site is designated Governmental, Educational and Institutional Facilities by the Land Use Element of the General Plan. This land use designation is applied to areas developed with uses that form the physical and social infrastructure of the community and are designated for educational facilities, municipal uses, hospitals, libraries and churches, among other civic - related uses. The proposed project, a place of religious worship or church, is a permitted institutional use within this land use category. ii) The proposed project is consistent with Land Use Element Policy A as the site is in close proximity to residents of the community, thereby providing convenient access to the facility. Additionally, the site is located in close proximity to major highways (MacArthur Blvd./Bonita Canyon Dr. /SR -73) to allow safe and convenient access for visitors to the proposed project while not significantly impacting levels of traffic service as concluded by the EIR. iii) The proposed project is consistent with Land Use Element Policy D. The project site does not possess any natural resources, nor does it constitute a natural landform warranting preservation, due to the past grading of the site. The site is not within a designated scenic vista, and the project does not significantly block public views due to the width of the steeple that does not exceed 29' -6" up to 50 feet from grade and 15' -4" above 50 feet in height, although the project will be highly visible from public areas. iv) The operation and maintenance of the proposed Temple is not anticipated to generate adverse impacts to the area as concluded by the EIR. The site has access from a signalized intersection on a major highway, and adequate off - street parking will be provided given the proposed schedule and occupancy of the Temple, taking into account shared use of the parking lot with the adjacent Stake Center. The traffic study prepared for the project concludes that no significant traffic impacts will result with the implementation of the project. v) The proposed Temple is located in an area with similar uses but will not contribute to traffic on Sundays when other churches in the area are more active, since the Temple will be closed on Sundays. vi) The closest residential use is located within Bonita Canyon Village, which is approximately 620 feet away at its closest point from the proposed Temple. The site is 8.65 acres and the steeple atop the proposed Temple is roughly located in the Center of the project site. The setbacks of 83 feet to the south, 291 feet to the east, 379 feet to the west, and 189 feet to the north provide adequate separation of the Temple from its surroundings and assist in making the project more compatible with the community. vii)Exterior illumination of the proposed Temple is designed to focus light on the Temple and steeple while minimizing light and glare in the surrounding area. The hours of illumination are also limited and not 24 hours a day. viii) The requested height of 123 feet, 9 inches is not compatible with the surrounding area as there are no other comparable structures of this height within the City. The reduction of the overall height of the Temple from 123 feet, 9 inches to 99 feet, 9 inches Planning Commission Resolution No. 1574 Page 3 of 10 above the proposed finished floor of 193.5 feet above mean sea level will make the proposed structure more compatible with area. A 99.75 -foot overall height limitation will reduce the impact of the proposed Temple upon public and private views in the surrounding area. A 99.75 -foot high Temple meets the applicant's project objective "To provide a highly visible site and a distinctive Temple with a steeple sufficiently high and illuminated to be seen from a substantial distance" based upon the visibility of a crane that was installed at the site to simulate the height of the steeple in January of 2002. A 99.75 -foot high Temple, including the steeple and angel figure will be approximately 31 feet, 9 inches taller than the adjacent Stake Center and does not eliminate visibility of the Temple from the same distances and locations as the higher requested height. Due to this height differential with the Stake Center, as well as the overall site design, building architecture and lighting, the proposed Temple will be more prominent than the adjacent Stake Center. The reduced height of the Temple in no way limits religious activities conducted within the Temple. ix) A finding that the proposed use is not detrimental to the community is further supported by the facts in support of approval of Site Plan Review No. 2002 -005. Said facts in support of SR2002 -005 as outlined in paragraph 2 below are hereby incorporated by reference. c) That the proposed use will comply with the provisions of the Zoning Code, including any specific condition required for the proposed use in the district in which it would be located. The proposed use is within Sub Area No. 7 of the Bonita Canyon Planned Community which is designated for Public /Semipublic uses. As noted, the use requires the approval of a Use Permit. No specific condition related to the operation of a church or place of religious worship is contained within the Bonita Canyon Planned Community Development Plan. 2. The proposed project is consistent with the intent and purpose of Chapter 20.92 (Site Plan Review) and warrants approval based upon the following findings: a) Sites subject to site plan review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed: The site will be graded and developed with due regard for the aesthetic qualities of the site even though additional filling of the site will be necessary to achieve the grades proposed. The site slopes moderately from abutting streets to the north and east toward Bonita Canyon Village and the San Joaquin Hills Transportation Corridor, and the elevation changes from approximately 195 feet to approximately 175 feet above mean sea level. The pad elevation for the proposed Temple is 193 feet with the finished floor being 193.5 feet. This finished floor elevation is 3.5 feet above the finished floor of the abutting Stake Center and roughly 1 foot lower than Bonita Canyon Drive approximately 340 feet from its intersection with Prairie Road. The intersection is approximately 10 feet above the proposed finished floor. Planning Commission Resolution No. 1574 Page 4 of 10 The site also has no unique natural landforms due to the past grading of the site and no trees or landscaping. b) Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City: The proposed project is compatible with the character of the neighborhood and surrounding sites and is not detrimental to the orderly and harmonious development of the surroundings and of the City. The area is characterized by a mixture of residential uses, churches, a park, a preschool and a shopping center. The area is not a "densely" urbanized area when compared to other areas of the city and is "suburban" in character with many open space areas. These open areas include the adjacent open canyon near SR -73, Bonita Canyon Sports Park and numerous landscaped areas within medians, parkways and other setback areas. The site is bordered on two sides by open space and Bonita Canyon Drive providing additional separation from nearby land uses. Nearby residential structures are approximately 28 -30 feet in height and are not located in close proximity to the proposed Temple as they are located over 620 feet away. The nearby churches are large buildings comparable in size to the project although the proposed steeple is higher than other buildings and steeples in the area. The Temple will have significant setbacks from property lines, low lot coverage and 5.5 acres of landscaping that when combined assist in making the development more compatible with its surroundings. The granite exterior finish with its "flamed" property is not reflective. The color of granite selected is warm and earth toned, which is compatible with the colors of the surrounding community. c) Development shall be sited and designed to maximize protection of public views, with special consideration given to views from public parks and from roadways designated as Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan: The site is not within a designated scenic vista and the project does not significantly block public views due to the width of the steeple that does not exceed 29' -6" up to 50 feet from grade and 15'4" above 50 feet in height. It is acknowledged that the project will be highly visible from public areas. Two view simulations were prepared for the EIR from the Bonita Canyon Sports Park. Views 3 and 4 show that the Temple steeple will make up a small percentage of the viewable area and not block views. Other view simulations were prepared from Bonita Canyon Drive that also show that the project will be visible, but again, the percentage of viewable area that the steeple will occupy is small and views are not blocked. d) Environmentally sensitive areas shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impact: The site is not within a designated Environmentally Sensitive Area (ESA). Planning Commission Resolution No. 1574 Page 5 of 10 e) No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission finds that the benefits outweigh the adverse impacts: The project site is not in an area of potential geologic hazard. The site is located close to the Newport Inglewood fault zone and severe ground shaking at the project site might he experienced during a major event and liquefaction is of concern. A preliminary geotechnical investigation was conducted delineating grading and building techniques to ensure safety. All applicable City and State building codes and seismic design guidelines will be applied through the issuance of a building permit and grading permit, which will minimize possible risks of damage during an earthquake. The study did identify that the existing crib walls that support the site to the north and east are showing signs of distress related to wall movement. The applicant has elected to avoid any potential issues with these crib walls by providing sufficient landscape setbacks from these walls in accordance with the geotechnical study thereby avoiding any safety issues with the crib walls. f) Residential development shall be permitted in areas subject to noise levels greater than 60 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 60 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less: The project does not involve residential uses; therefore, this standard does not apply. g) Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development: Consideration has been made for shared parking usage with the adjacent Stake Center and adequate parking for both uses will be present. The circulation and parking layout meets or exceeds City design standards. The site plan includes several walkways within and around the gardens and a separate pedestrian crossing is provided between the proposed Temple and the Stake Center. Both the Planning and Public Works Departments have reviewed the proposed site plan for proper pedestrian and vehicle function and have found that the site plan does not present any negative circulation issues with either Temple operation or shared parking usage with the adjacent Stake Center. h) Development shall be consistent with specific General Plan and applicable specific plan district policies and objectives, and shall not preclude the implementation of those policies and objectives: The proposed project is consistent with the General Plan and applicable policies and objectives of the Bonita Canyon Planned Community, and does not preclude the implementation of those policies and objectives. Findings 1a, lbi, 1bii and Ibiii above are hereby incorporated by reference. i) Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources: Planning Commission Resolution No. 1574 Page 6 of 10 The site slopes from approximately 195 feet to approximately 175 feet above mean sea level. The proposed site plan will require grading to fill the site from 5 -8 feet below the Temple building. As noted previously, the proposed grade of the Temple 193 feet above mean sea level is comparable with the existing Stake Center and Bonita Canyon Drive. The site is devoid of sensitive resources due to the previous mass grading of the site and contains no submerged lands. The site plan includes approximately 5.5 acres of landscaped gardens and walkways that will be planted with some more mature plantings. This high percentage of landscaping and the relatively small footprint of the proposed Temple (approximately 0.4 acres) make the site plan more compatible with the open space areas that abut the site. j) When feasible, electrical and similar mechanical equipment and trash and storage areas shall be concealed: Electrical service will be provided underground and mechanical equipment will be within the building or concealed behind roof parapets and will not be visible from the ground. Trash storage areas will be accommodated within enclosures or within the proposed building. k) Archaeological and historical resources shall be protected to the extent feasible: No known archaeological and historical resources are known to exist and are unlikely to exist due to the highly disturbed nature of the site from its previous grading. 1) Commercial development shall not have significant adverse effects on residences in an abutting residential district: The project is not a commercial project and therefore, this standard is not directly applicable. The intent of this standard is to ensure that a project does not have a significant adverse impact upon surrounding residences. The Draft Environmental Impact Report (DEIR) concludes that there will be no significant adverse environmental impacts associated with the implementation of the project. No views from residential properties will be blocked. 3. The contents of the environmental document, including comments on the document and responses to the comments, have been considered in all the decisions on this project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on the environment that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project or cumulative impacts that are anticipated in connection with the project. No mitigation measures are identified aside from implementation of the project as described in the project description and application of standard conditions of approval. Conditions of approval are applied that require implementation of the project as described and that apply standard conditions of approval. Subsequent to preparation and circulation of the DEIR, the project applicant submitted a revised project to reduce the height of the steeple. The revised Temple design now includes a steeple at a height of 99 feet, 9 inches. The reduction in height is 24 feet or 19.4 %. Additionally, the church has revised their lighting schedule such that lights will not come on prior to 6 a.m. The exterior material, finish, color and lighting Planning Commission Resolution No. 1574 Page 7 of 10 concept are not changing from the original project. The original Temple design included 1,089 square feet above 35 feet in height and the new proposal occupies 969 square feet above this height. The reduced height and lower area above 35 feet more than balances the slight increase in width, and the revised project presents no greater impact to public views than the proposed project. The City has reviewed the revised plans and finds the proposed project to have an impact on the environment similar to and/or less than the original submittal. Therefore, the findings in the DEIR apply to the revised project, the EIR does not require recirculation and the EIR may be certified with no change. Section 4. Based on the aforementioned findings, the Planning Commission hereby certifies Environmental Impact Report (SCH #2002031048) and approves Use Permit No. 2001 -036 and Site Plan Review No. 2002 -005, subject to the conditions set forth in Exhibit "A" attached. Section 5. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3`a DAY OF OCTOBER 2002. AYES: Kiser, McDaniel, Tucker, Selich, Agajanian NOES: ABSENT: Gifford BY: ev er, Chairman Secretary Planning Commission Resolution No. 1574 Page 8 of 10 Exhibit "A" Conditions of Approval 1. The development shall be in substantial conformance with the plans except as modified below. The plans are identified by date as follows: Sheet No. Date Site plan 04 -5 -02 Conceptual grading plan 03 -7 -02 Landscape plan 05 -1 -02 Elevation drawing Stamped "Received by the Planning Department" on 10 -3 -02 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Project approvals shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 4. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 5. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 6. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 7. All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. All work within the public right of way shall be completed under an encroachment permit issued by the Public Works Department. 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic Planning Commission Resolution No. 1574 Page 9 of 10 control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 9. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements and public improvements prior to the issuance of a building permit. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 10. Fair Share traffic mitigation fees shall be paid to the City prior to the issuance of any building or grading permit for construction of the project. 11. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 12. Overhead utilities serving the site shall be placed underground to the nearest appropriate pole unless it is determined by the City Engineer that such undergrounding is physically infeasible. 13. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. A minimum of 146 parking spaces shall be provided in accordance with the Zoning Ordinance. 14. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, street trees shall be required and shall be subject to the review and approval of the General Services and Public Works Departments. 15. The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 16. The overall height of the Temple including the steeple and angel shall be no more than 99 feet, 9 inches from the proposed finished floor elevation of 193.5 feet above mean sea level. 17. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. All exterior lighting fixtures shall have zero cut -off fixtures and light standards for the parking lot shall not exceed 20 feet in height. Light standards for exterior walkways shall not exceed 10 feet in height. Other exterior light sources shall be no higher than 4 feet. 18. The applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. The building and grounds shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, based on the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Planning Commission Resolution No. 1574 Page 10 of 10 19. Architectural lighting of the Temple, including the steeple and angel figure, shall be aimed to illuminate the structure and shall avoid missing the structure to the maximum extent feasible. Light sources aimed to illuminate the steeple and angel shall be located such that the angle of light shall be no less than 70 degrees from the horizontal ground surface. Changes to the lighting system that would increase lighting levels or increase the lighting sources shall require an amendment to this Use Permit. 20. Lighting of the Temple steeple shall be limited to the hours of 6:OOAM to sunrise and sunset to 10:00PM. Any future increase in these hours of illumination or increases in lighting levels or additional light sources shall require an amendment to this Use Permit. 21. The applicant shall obtain a Special Event Permit for holiday lighting displays. No holiday lighting shall be permitted on the Temple structure. A Special Event Permit may not authorize holiday lighting on the Temple structure. 22. No more than 175 people may occupy the Temple at any one time.