Loading...
HomeMy WebLinkAbout1832 - APPROVAL VA _HOAG MEMORIAL HOSPITAL PRESBYTERIAN_ONE HOAG DRIVERESOLUTION NO. 1832 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF VARIANCE NO. VA2010 -003 TO ALLOW THE CONSTRUCTION OF A COVERED WALKWAY THAT EXCEEDS THE PERMITTED HEIGHT LIMIT OF 80 FEET ABOVE MEAN SEA LEVEL FOR THE MULTI -LEVEL PARKING STRUCTURE FOR HOAG MEMORIAL HOSPITAL PRESBYTERIAN, LOCATED AT ONE HOAG DRIVE (PA2010 -148) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Hoag Memorial Hospital Presbyterian with respect to property located at One Hoag Drive, requesting approval of a variance of the height limit specified by the Hoag Memorial Hospital Presbyterian District Regulations (Hoag PC Regulations). 2. The applicant proposes to construct an approximately 210 - foot -long, covered walkway that extends from the proposed elevator of the south parking structure to the south entrance of the main hospital building. The new construction is authorized under the currently approved Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations and the application is requested or required in order to implement a portion of the project. A variance is requested to allow an approximately 55- foot -long portion of the covered walkway to exceed the permitted height within the Parking Area Height Limitation Zone (80 feet above Mean Sea Level) established by the Hoag Memorial Hospital Planned Community District Regulations. 3. The Land Use Element of the General Plan designates the site for Private Institution (PI) use. The Zoning Code designates the site as PC 38 (Hoag Memorial Hospital Planned Community), which provides for the existing hospital facilities land use. The proposed covered walkway is an appurtenance to the private institution facility and is therefore consistent with this designation and will not change the use of the property. 4. The portion of the subject property designated as the lower campus is located within the coastal zone. The Coastal Land Use Plan designates this site as Private Institution (PI), which is intended to accommodate the existing and future expansion of the lower campus of the overall project. The proposed covered walkway is an appurtenance to the private institution facility and is therefore consistent with this designation and will not change the use of the property. 5. Hoag Hospital is governed by Planned Community District Regulations that specify floor area, height limitation zones and other restrictions. The Hoag Campus is divided into two parts, the Upper Campus and the Lower Campus. The Upper Campus is divided into Planning Commission Resolution No. 1832 Page 2of8 three Height Limitation Zones; Tower Zone, Midrise Zone and the Parking Zone. The south parking structure is located within the Parking Zone which has a maximum height limit measured at 80 feet above Mean Sea Level (80 MSL), exclusive of the elevator tower that is authorized to exceed the height limit, as necessary. 6. A public hearing was held by the Planning Commission on January 20, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. WHEREAS, this project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures); and SECTION 3. REQUIRED FINDINGS. WHEREAS, Section Chapter 20.52.090.E of the Newport Beach Municipal Code requires findings and facts in support of such findings for approval of a variance, which are presented as follows: Finding: A. That there are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: A -1. The facts support the finding for the variance request for increased height of the covered walkway because there is the special circumstance related to the method by which the height limit has been applied to the subject property which differs from how height limits are applied to other zoning districts in the city. The general method for measuring permitted height provided by the Municipal Code would be a parallel plane that follows the topography of the lot. However, in the case of Hoag Hospital, the height limit has been imposed based strictly on the height of a horizontal plane measured above mean sea level for each of the Height Limitation Zones of the Upper Campus. A -2. Additionally, the abutting boundary between height limitation zones provides no transitional relief to take into account the existing topography or the abrupt change in TmpIL 15123109 Planning Commission Resolution No 1832 Page 3 of 8 height limits. This is unusually restrictive since the South Parking Structure is limited to a height limit (80 MSL) which is at or near the top of the existing structure (t5 feet above the deck surface) and does not take into consideration the slope differential between the zones at that boundary. The attached Hoag Hospital South Parking Structure Exhibit (Attachment No. PC3) approximately depicts the existing grade at thy- front and rear of the parking structure and its relationship to the 80 MSL horizontal plane. A -3. This is the only hospital and hosoital zoning district (PC 38) in the City, therefore, the zoning limitations and height restrictions as applied are unique to this property alone, there is no identical zoning classification elsewhere in the City. Finding: B. That strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Fact in Support of Finding. B -1 The failure to grant the Variance for height will deprive the subject property of privileges enjoyed t ; other properties in the vicinity since it is consistent with the intent of the PC Regulations to control the overall height of the parking structure itself, which remains unchanged. The proposal to add the covered walkway /canopy does not propose to increase the number of levels of the parking structure now or in the future. Staff also believes that the granting of the height variance to accommodate the addition of the covered walkway /canopy does not conflict with the intent of the Parking Zone Height Limit. B -2. This is the only hospital and hospital zoning district (PC 38) in the City, therefore, the zoning limitations and height restrictions as applied are unique to this property alone, there is no identical zoning classification elsewhere in the City. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property nghts of the applicant. Facts in Support of Finding: C -1. The granting of the Height Variance is necessary in order to enjoy and preserve property rights of the applicant to construct the proposed covered walkway / canopy for the convenience of patrons and patients. and because the application of the height limit measurement in this case is derived from the Hoag Hospital Planned Community District Regulations which do not provide a means to transition between abruptly different height limitation zones of the subject property. Tmpn 11 _3/39 Planning Commission Resolution No. 1832 Pace 4 of 8 Finding: D. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district/ Facts in Support of Finding: D -1. The approval of the variance will be consistent with the Hoag Memorial Hospital Planned Community District Regulations since it grants relief from the method by which the height limit has been imposed on the subject property. This would not constitute a grant of special privilege since the application of height limits in a strictly horizontal plane is not generally applied to other properties in the vicinity or other zoning district city in this manner. Additionally, the proposed covered walkway as conditioned will have minimal impact on views across or through the subject property; and nighttime glare impacts will be minimized. D -2. The Hoag Hospital Planned Community District Regulations permit the proposed elevator to be added to the South Parking Structure and to exceed the permitted height limit, as necessary. The Hoag Hospital Planned Community District Regulations do not provide the same relief to accommodate the proposed covered walkway /canopy. Staff believes that if the covered walkway could have been foreseen when the planned community district regulations and master plan were being developed in 1992, the accommodation for increased height of the walkway could have been incorporated at that time. D -3. This is the only hospital and hospital zoning district (PC 38) in the City, therefore, the zoning limitations and height restrictions as applied are unique to this property alone, there is no identical zoning classification elsewhere in the City. Finding: E. That the granting of the Variance will 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, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: E -1: The project will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. In fact, the project will improve and protect the health, safety and general welfare of patrons and patients of the facility, as exhibited by the photos provided and as presented at the public hearing; and as conditioned by this approval to mitigate and limit visual (color of material approval) and lighting impacts (prohibit up- lighting and back - lighting of the canopy; require downward direction of pedestrian pathway lighting) on the surrounding residential uses. Tmpit: 11/23/09 Planning Commission Resolution No. 1832 Paae 5 of 8 Findin : F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: F -1. The granting of this Variance will not conflict with: the Land Use Element of the General Plan which designates the site for Private Institution (PI) use or the Zoning Code which designates the site as PC 38 (Hoag Memorial Hospital Planned Community), which provides for the existing hospital facilities land use, since the proposed covered walkway is an appurtenance to the private institution facility and is therefore consistent with these designations and will not change the use of the property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2010 -003 (PA2010 -148), 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 fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF JANUARY, 2011. AYES: Eaton, Unsworth, McDaniel, Ameri, Toerge, and Hillgren NOES: Hawkins BY:� Earl McDaniel, Chairman BY: cerge, Secretary Tmpft: 11/23/09 Planning Commission Resolution No. 1832 Paqe 6 of 8 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. The maximum height of the covered walkway /canopy structure shall not exceed 90 MSL at its highest point above grade within the Parking Zone Height Limitation Area. (Except as modified by applicable conditions of approval.) 2. Variance No. VA2010 -0019 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Variance. 5. 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. 6. This Variance 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. 7. 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 Department. If the building permits are issued by the Office of the State Architect, unpaid administrative costs or fees associated with the processing of this application shall be due and payable to the Planning Department within 45 days of the effective date of this approval. 8. Prior to the issuance of building permits, the applicant shall submit as a part of the plan check process, color swatches or material sample of the proposed surface of the covered walkway /canopy for review and approval by the Planning Director if the building permits are issued by the Office of the State Architect, color swatches or material sample of the proposed surface of the covered walkway /canopy shall be submitted for review and approval by the Planning Director prior to installation. Tmplt: 11/23109 Planning Commission Resolution No. 1832 Paae 7 of 8 9. Prior to the issuance of building permits, the lighting plan associated with the proposed covered walkway /canopy shall be reviewed and approved by the Planning Department. Lighting mounted on the underside of the canopy cover shall be directed downward only; pedestrian path lighting shall be ground mounted pedestal lights with the light source directed downward. Back - lighting of the canopy cover is prohibited. if the building permits are issued by the Office of the State Architect, the lighting plan shall be submitted for review and approval by the Planning Director prior to installation. 10. Lighting shall be in compliance with applicable standards of the Zoning Code. 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. 11. The covered walkway /canopy 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 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. 12. Prior to issuance of the certificate of occupancv or final of building oermits. the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified in condition of approval No. 11. If the building permits are issued by the Office of the State Architect, the nighttime inspection shall be scheduled prior to final and release for use of the covered walkway. 13. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code. Signs attached or incorporated into the proposed canopy structure shall comply with the comprehensive sign program or submitted as an amendment to that program, as deemed necessary by the Planning Department, 14. 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 Variance No. VA2010 -003 (PA2010 -148) for the Hoag Memorial Hospital Presbyterian covered walkway; and the determination that the project is exempt under the requirements of the Califomia Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attomeys' 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 Tmplt: 11/23109 Planning Commission Resolution No. 1832 Paqe 8 of 8 any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Condition 15. Prior to the issuance of building permits, the plans shall be subject to review and approval by the Fire Department of the minimum vertical clearance under the canopy that extends over the roadway. TmpB. 11/23/09