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HomeMy WebLinkAbout1642 - RECOMMEND TO APPROVE GPA AND UP_100 NEWPORT CENTER DRIVERESOLUTION NO. 1642 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2004 -001 AND USE PERMIT NO. 2004 -017, THAT WOULD INCREASE THE DEVELOPMENT ALLOCATION OF BLOCK 100 BY 1,550 SQUARE FEET FOR A MUSEUM USE IN THE ADMINISTRATIVE, PROFESSIONAL AND FINANCIAL DISTRICT FOR PROPERTY LOCATED AT 100 NEWPORT CENTER DRIVE (PA2004 -092) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by John Hamilton, owner of property identified as 100 Newport Center Drive and legally described as Parcel No. 1 of Resubdivision No. 498, requesting approval of a General Plan Amendment to increase the development allocation of Statistical Area L1 (Block 100 — Gateway Plaza) by 1,550 square feet to accommodate the enclosure of a 780 square foot patio area and an as -built 770 square foot second floor addition constructed without the benefit of proper permits. The requested Use Permit application seeks approval for the establishment of a cultural institution (Newport Sports Museum) as a primary use in the APF zoning district. WHEREAS, a public hearing was held on August 5, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared which, sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including commercial floor area limitations. WHEREAS, the General Plan provides for a sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed amendment does not impact the diversity of land uses but only modestly increases the intensity of existing uses. WHEREAS, the City's General Plan dictates that the City insure redevelopment of older or underutilized properties and preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The project consists of an increase in the development allocation of 1,550 square feet, which will not result in an increase in traffic levels beyond the projected capacity and levels of service of the circulation system. City of Newport Beach Planning Commission Resolution No. Page 2 of 8 WHEREAS, the City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The project has been designed to be physically compatible with the existing and surrounding professional office and commercial developments. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represents an increase of 4.65 —A.M. and 4.128 — P.M. peak hour trips, 1,550 square feet of non - residential floor area and zero residential units. These increases when added to all previous amendments do not cumulatively exceed Charter Section 423 thresholds for a vote. The project will be tracked as a prior amendment per Council Policy A -18. WHEREAS, development of the site is required to comply with the applicable City standards as outlined in the Zoning Code, for building height, setbacks, and required parking. The proposed project complies with all applicable development standards. WHEREAS, the proposed location of the use is in accord with the objectives of this Municipal Code and the purposes of the district in which the site is located because the proposed museum is located in a professional office district and directly across from the Fashion Island regional mall. The museum shares the building with professional office uses and possibly a bank, which are both permitted by right in the APF district. Additionally, the museum, albeit in a smaller capacity, has been operating at this location since 1999 and has not proven to conflict with surrounding uses or with the APF zoning district. WHEREAS, 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 because the museum use is consistent with the Administrative, Professional and Financial Commercial General Plan Land Use designation and the purpose of the APF district. The museum is located in a professional office development adjacent to office and retail uses. The site also provides the required parking and the increased intensity of use will generate only a slight increase in peak hour trips that can be accommodated by the City of Newport Beach Planning Commission Resolution No. _ Page 3 of 8 existing roadway system according to the Traffic Engineer. The operational characteristics and function of the museum at this location will not substantially change from that of the existing museum, which has proven to not be detrimental to the surrounding area or the City. WHEREAS, the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located because the museum use is permitted in the APF zoning district with the approval of a Use Permit. The project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized or eliminated to greatest extent possible. WHEREAS, in conjunction with the consideration of the subject amendment to the Land Use Element of the General Plan and the Use Permit, the proposed project has been determined to be Categorically Exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby recommends approval of General Plan Amendment No. 2004 -001 per the revised estimated growth table depicted in Exhibit "A" and Use Permit No. 2004 -017 to City Council subject to the Conditions set forth in Exhibit "B ". Section 2. This action shall take effect immediately upon adoption. PASSED, APPROVED AND ADOPTED THIS 5' DAY OF AUGUST 2004. AYES: Eaton, Cole, Toerqe, Tucker, Selich. McDaniel and Daigle ABSENT: None BY: '1 Larry Tucker, Chairman BY: Secretary City of Newport Beach Planning Commission Resolution No. Page 4 of 8 City of Newport Beach Planning Commission Resolution No. Page 5 of 8 Exhibit "A" Newport Center (Statistical Area 1-1) 10. Block 100 - Gateway Plaza. This area is bounded by Newport Center Drive, Anacapa Drive and Farallon Drive. The site is designated for Administrative, Professional and Financial Commercial land use and is allocated 197,545 199,095 sq.ft. of office development. Support retail commercial uses are also allowed within this development allocation. ESTIMATED GROWTH FOR STATISTICAL AREA L1 Residential (in du's) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Block 0 0 0 0 246,146 432,320 186,174 2. Block 100 0 0 0 196,545 197,,545 4999 199,096 2,660 3. Block 200 0 0 0 207,781 207,781 0 4. Block 300 0 0 0 130,408 134,908 4,500 5. Block 400 0 0 0 440,118 440,118 0 6. Block 500 0 0 0 377,170 377,170 0 7. Block 600 0 0 0 1,284,134 1,426,634 142,500 8. Block 700 0 0 0 327,671 327,671 0 9. Block 800 0 245 245 253,984 253,984 0 10. Block 900 67 67 0 616,630 625,630 9,000 11. Civic Plaza 0 0 0 365,160 456,710 91,550 12. Corporate Plaza 0 0 0 15,000 115,000 100,000 13. Tennis Club 0 0 0 0 0 0 14. NB Country Club 0 0 0 0 0 0 15. Amling's 0 0 0 3,960 5,000 1,040 16. Villa Point 0 228 228 0 0 0 17. Sea Island 132 132 0 0 0 0 18. Fashion Island 0 0 0 1,603,850 1,633,850 30,000 19. Newport Village 0 0 0 55,000 170,000 115,000 TOTAL 199 672 473 6,123,557 6.806.871 638.264 Population 394 1,331 937 Revimd -6010012004 City of Newport Beach Planning Commission Resolution No. Page 6 of 8 Exhibit "B" CONDITIONS OF APPROVAL Use Permit No. 2004 -17 The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building sections dated July 15, 2004 and building elevations dated April 21, 2004, except as modified by applicable conditions of approval. 3. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine 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. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 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. 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. 7. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 8. Use Permit No. 2004 -017 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be noted of the conditions of this approval by the current owner or leasing company. City of Newport Beach Planning Commission Resolution No. _ Page 7 of 8 10. The enclosed parking area shall be made available for the exclusive use of museum employees who shall access said spaces via the one -way drive aisle. The garage spaces, as shown on the approved plans, shall remain clear of obstruction and made available for the parking of employee vehicles at all times. No conversion of the garage spaces to other use is permitted. 11. Prior to the issuance of building permits, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. The location, number as dimensions of the parking spaces shall be in substantial conformance the approved site plan and floor plan dated July 15, 2004. 12. Prior to the final of building pen-nits, the two new parking spaces as shown on the approved site plan shall be striped and signed for employee parking only to the satisfaction of the City Traffic Engineer. Employees using these spaces shall access said spaces via the one -way drive aisle through the enclosed garage. 13. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 14. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 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. 15. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. Between the hours of Between the hours of 7:OOAM and 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA ro ert Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A I 65dBA N/A 60dBA 15. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. City of Newport Beach Planning Commission Resolution No. Page 8 of 8 16. No outside paging or amplified audio system shall be utilized in conjunction with this establishment. 17. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure. 19. 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. 20. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Newport Beach Building Department and the Fire Department. 21. 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. 22. Within 90 days from the effective date of this action a building permit for the existing second floor office area shall be obtained.