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HomeMy WebLinkAbout20190725_Resolution_ZA2019-049Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL July 25, 2019 Smith Architects Attn: Jeff Smith 26047 Acero, Suite 120 Mission Viejo, CA 92691 js@smitharchitecture.com Subject: Minor Use Permit No. UP2019-024 (PA2019-091) 1234 Sand Point Way Harbor View Broadmoor Clubhouse Dear Mr. Smith, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on July 25, 2019 and effective on August 8, 2019. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, David Lee, Assistant Planner JM/dl RESOLUTION NO. ZA2019-049 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2019-024 FOR THE DEMOLITION OF AN EXISTING CLUBHOUSE AND CONSTRUCTION OF A NEW CLUBHOUSE TO SERVE THE HARBOR VIEW BROADMOOR COMMUNITY ASSOCIATION AT 1234 SAND POINT WAY (PA2019-091) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Smith Architects, with respect to property located at 1234 Sand Point Way, and legally described as Lot A of Tract 6113, requesting approval of a minor use permit. 2. The applicant proposes to demolish an existing 672-square-foot, single-story clubhouse and construct a new 1,078-square-foot, single-story clubhouse. The new clubhouse will include a multi-purpose room, restrooms, and a patio shade structure to serve the Harbor View Broadmoor Community Association. The development also includes hardscape, drainage, and accessory structures. The proposed development complies with all applicable development standards and no deviations are requested. 3. The subject property is designated Parks and Recreation (PR) by the General Plan Land Use Element and is located within the Parks and Recreation (PR) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 25, 2019 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. Class 3 exempts the construction and location of limited numbers of new, small facilities or structures including accessory structures to serve residential dwellings. The proposed project consists of the demolition of an existing 672-square-foot clubhouse and the construction of a new 1,078-square-foot clubhouse to serve the Harbor View Broadmoor Community Association. Zoning Administrator Resolution No. ZA2019-049 Page 2 of 7 01-25-19 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan Land Use Element designates the site as Parks and Recreation (PR), which is intended for active public or private recreational uses. 2. The lot currently consists of a clubhouse and swimming pool that serves residents of the Harbor View Broadmoor Community Association and their guests. The proposed project is a demolition of the existing 672-square-foot clubhouse and construction of a new 1,078-square-foot clubhouse, which includes a multi-purpose room, restrooms, and patio shade structure. The existing pool will remain and be re- plastered. The project will remain consistent with the General Plan designation, as it will provide an upgraded clubhouse for the Harbor View Broadmoor Community Association. 3. The proposed community center is compatible with the surrounding neighborhood, which is comprised of single-family residences. The clubhouse will continue to serve the residents of the association and their guests. 4. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The zoning designation for the subject property is Parks and Recreation (PR), which is intended for active public or private recreational uses. Pursuant to Zoning Code Section 20.26.020 (Special Purpose Zoning Districts Land Uses and Permit Requirements), assembly or meeting facilities are permitted subject to the approval of a minor use permit. 2. The Zoning Code does not require off-street parking for Parks and Recreational facilities. The clubhouse is within walking distance for residents of Harbor View Broadmoor Association. Additionally, there is on-street parking available in the vicinity on Wavecrest Drive, Sand Point Way, Blue Water Drive and Lighthouse Lane. Zoning Administrator Resolution No. ZA2019-049 Page 3 of 7 01-25-19 Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The subject lot is located within the Harbor View Broadmoor Community Association, which is a residential community comprised of single-family residences. The proposed clubhouse is to be used by the residents of Harbor View Broadmoor Community Association and their guests. A separate residential community, Jasmine Creek, is located across North Crown Drive and will not have access to the proposed clubhouse. 2. The proposed clubhouse will continue to have operating hours from 6:00 a.m. to 10:00 p.m., daily and has been conditioned to comply with the City’s noise ordinance. 3. The proposed clubhouse is approximately 11 feet and 3 inches in height, measured from the finished floor to the top of the flat roof, where the Zoning Code allows for a maximum height of 32 feet for flat roofs. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site currently consists of a clubhouse, swimming pool and seating area. The proposed project is to replace the existing clubhouse with a clubhouse that includes a multi-purpose room, restrooms, and a covered patio area. The existing swimming pool will be re-plastered and remain in place. The proposed location of the new structures is similar to the location of the existing structure. 2. The proposed community center has been reviewed to ensure adequate public and emergency vehicle access, public services, and utilities were provided for on-site. The construction plans were reviewed for compliance with applicable building and fire codes. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Zoning Administrator Resolution No. ZA2019-049 Page 4 of 7 01-25-19 Facts in Support of Finding: 1. The proposed community center will be an upgrade to the existing pool house and will serve the surrounding residents. The proposed multi-purpose room, covered patio area, and restroom facilities will provide residents with additional recreational areas in addition to the existing pool, which will be re-plastered. 2. The community room has been conditioned to restrict usage to only members of the Harbor View Broadmoor Community Association residents and their guests. The community center will not be used by the public in any way. 3. Compliance with the Municipal Code standards related to noise, lighting and other performance standards will help ensure that the proposed use will be compatible with the surrounding area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit UP2019-024, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF JULY, 2019. Zoning Administrator Resolution No. ZA2019-049 Page 5 of 7 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. The clubhouse shall only be used by the residents of Harbor View Broadmoor Community Association and their guests. The clubhouse shall not be used by the public for events of any kind. 8. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 9. All landscape materials and irrigation systems 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. 10. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Zoning Administrator Resolution No. ZA2019-049 Page 6 of 7 01-25-19 Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines. 12. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 14. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 15. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 16. No outside paging system shall be utilized in conjunction with this establishment. 17. Trash receptacles shall be conveniently located both inside and outside of the clubhouse, however, not located on or within any public property or right-of-way. 18. The exterior of the clubhouse shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 19. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. Zoning Administrator Resolution No. ZA2019-049 Page 7 of 7 01-25-19 20. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 21. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 22. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Harbor View Broadmoor Community Association Clubhouse Minor Use Permit including, but not limited to, Minor Use Permit No. UP2019-024 (PA2019-091). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Public Works Conditions 23. All improvements shall be constructed as required by Ordinance and the Public Works Department. 24. An encroachment permit is required for all work activities within the public right-of-way. 25. A new sewer cleanout shall be installed on the existing sewer lateral serving the property per City Standard #406-L.