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HomeMy WebLinkAbout09/10/1998• Planning Commission Minutes September 10, 1998 Regular Meeting - 7:00 p.m. L • ROLL GALL CITY OF NEWPORT BEACH Commissioners Fuller, Ridgeway, Ashley, Selich, Gifford, Adams and Kranzley - Commissioner Fuller was excused, Commissioner Ridgeway arrived at 7:45 STAFF PRESENT: Patricia L. Temple - Planning Director Robin Clauson - Assistant City Attorney Rich Edmonston- Transportation and Services Manager Ginger Varin - Executive Secretary to Planning Commission Marc Myers - Associate Planner Minutes of August 20 1998: Motion was made by Commissioner Kranzley and voted on, to approve as written, the August 20, 1998 Planning Commission Minutes. Ayes: Ashley Selich, Adams, Kranzley Noes: None Absent. Fuller, Ridgeway Abstain: Gifford Public Comments: none Postina of the Agenda The Planning Commission Agenda was posted on Friday, September 4, 1998 outside of City Hall. INDEX Minutes Approved Public Comments Posting of the Agenda City of Newport Beach Planning Commission Minutes September 10, 1998 SUBJECT: St. Matthew's Church (C 2300 Ford Road • Use Permit No. 3633 A request to perrnit the establishmentof a religious facility including a parish hall and sanctuary, classrooms, fellowship hall and administrative offices for St. Matthew's Church on a vacant site in the Bonita Canyon Planned Community. The applicant includes the following requests: a waiver of a portion of the number of required off - street parking spaces in association with the approval of a parking managementplan to exceed the permitted 50 foot height limit with the steeple portion of the church structure Mr. Myers noted that the applicantwishes to have bells in the steeple. Plans are to utilize pre- recorded bell sounds, rather than to actually ring the bells. It is the applicant's intention to limit the sound levels to the requirements of the Noise Ordinance. Additionally, it has come to staff's intention that the Public Works Department does not intend to permit parking on the south side of old • Ford Road as originally stated in the staff report on page B. Therefore, the amount of overflow parking along the continuation of old Ford Road will be approximately 12 to 15 cars and limited to the north side of the street only. Finally, staff would like to substitute a condition of approval and introduce an additional condition of approval to be included in Exhibit A. The substitution is for the 5th bullet point in condition no. 2 to reflect the applicant's request to permit weekday; daytime services based on available parking. The additional condition requires the applicant to provide a reciprocal parking agreement. The substitute condition shall read: "Worship services shall be permitted during the week prior to 6:00 p.m. provided that seating is limited to a maximum of 156 seats. This limitation is established at a ratio of 3 seats for each parking space, based on a 52 space weekday parking demand surplus." The additional condition (13) shall read: "The applicant shall provide an executed, reciprocal parking agreement that provides the maintenance required off - street parking on an adjacent lot for the duration for the proposed uses on the site prior to the issuance of a building permit." At Commission inquiry, Rich Edmonston explained that the projectwas originally conceived while in the City of Irvine. At that time, there was not an interest nor • an apparent need to widen the Ford Road beyond 36 feet and with the fact INDEX Item No UP 3633 Approved • City of Newport Beach Planning Commission Minutes September 10, 1998 that a full cul -de -sac turn around was not provided, staff is concerned on behalf of the residents on the south side of the street. The discussion with the applicantwas that parking would be done on the applicant's extension side of the street, but not the other side. Chairperson Selich asked about the parking ratio and how it was determined, and suggested limiting the amount of all the activities occurring on site at one time not to exceed 312 persons. Mr. Myers answered that based on the requirements of the Zoning Code, the parking ratio is established under the assumption that both the sanctuary hall and, once the sanctuary hall is established that the social or parish hall would not be used concurrently. Ms. Temple suggested adding a condition to preclude use of the parish hall for worship services concurrent with the main sanctuary once it is constructed. One of the things to note is that the main sanctuary is in the phase 2 part of the project and will not be constructed immediately. Concurrent uses are sometimes families separating for various activities. For instance, parents and older children may attend a worship service while the younger children are in a • church school or day care setting. Typically,when some of the support uses are in operation, there is no increase beyond the normal parking demand for the main sanctuary. Staff's concern would be that the larger space be used as overflow for the primary worship service occurring on site, because that activity is the primary generator of the parking demand. Public comment was opened. Steven Scarlett, Director of St. Matthew's Church stated the church has been in Newport Beach for 16 years. During that time, the church members have met at three different locations. They purchased this piece of land located between old Ford Road and Bonita Canyon Road at a tremendous sacrifice and labor on the part of the parishioners. The City of Newport Beach has since annexed this property. The plans are to construct a traditional church building and campus that will be an architectural asset to the community. Plans are being developed for a pre - school that will help local parents, and to offer various programs to serve the needs of the people in this community. Lou Domini, of Domini and Associates Architect at 2150 West Washington, San Diego spoke in support of this application. He noted that this church is trying to speak to its tradition and history through its architecture. The applicant agrees with the staff report and appreciates the help provided by staff. He asks, however, that the following changes be made: • On page 12, condition 2 in the second bullet referring to the pre - school • shall be limited to 50 children, add " in phase V. - The intent is that this is INDEX • City of Newport Beach Planning Commission Minutes September 10, 1998 The fourth bullet seems to limit the amount of people on campus during the week to 20 people. Should this be eliminated or changed to 150 people? Eliminate condition 3 as the standard conditions cover the issue of generated noise. It is onerous and restrictive to ask that the doors and windows not be opened due to noise. Continuing, Mr. Domini noted that there is a deed restriction on the adjacent pre - school that stipulates this church will forever have 16 additional parking spaces. We knew the church had to provide 104 parking spaces and by doing so on site and with the adjacent deed restriction on the lot next door, there will always be 104 spaces. Ms. Temple noted that staff has suggested an amended condition that would allow worship services to occur any day of the week up to that that which can be accommodated by the available parking. In terms of condition 3, it was intended to apply to the main sanctuary when worship. services were occurring with musical instruments and singing. Staff has no problem if that condition was limited to simply the sanctuary worship services only and not to the school or other office uses. In terms of the use of the pre - school, staff could accept that and note "in phases 1 and 2 ". • Commissioner Kranzley asked the applicant's representative if he was amenable to the closing of the sanctuary windows. Mr. Domini answered that if the noise is limited to 65 d8A per the Noise Ordinance, why is this condition needed? If we make more than that noise, you have the right by this own set of conditions to have us monitored by your Planning Directoror engineerand you can make us close the windows. Commissioner Adams pointed out that this condition is quite common for commercial properties to mitigate noise problems into surrounding residential areas. Commissioner Ashley supported Mr. Domini and stated that condition number 5 should satisfy Planning Commission concerns for any noise emanating from the sanctuary. There is no reason to duplicate. Mr. Domini noted his concerns with limiting to 312 persons attending the church. We don't want to have more people there than can park on the site, but this is a strong family institution and to count every child under driving age is a burden being placed on the church. Once in a while there is going to be an event at the church where there may be a conflict. Perhaps there is a way to allow for this, as the church does not want to be in violation at any time. • Chairperson Selich noted that there might be a way to exclude the pre - school INDEX • City of Newport Beach Planning Commission Minutes September 10, 1998 from the count that could be used for those times when situations occur that may presenta conflict. Commissioner Kranzley added that perhaps there could be a special event permit for large attendance functions. The Planning Commission could require that there be some type of parking valet service or double up parking to address issues that would be unique to a situation where there would be an additional amount of parking. These could be addressed on a case by case basis. Ms. Temple noted that a special event permit would not be the best way to handle such occasions. What the speaker has stated is consistent with the concerns of staff, which is that there is very limited on street parking available for overflow parking. There is a residential neighborhood immediately across the street with no guard gate, and staff is trying: to achieve a situation where the church's overflow is not adversely impacting the immediate neighbors. Perhaps the fourth bullet point could be modified by adding, "any time week day worship services are scheduled." That still would restrict some of the overlapping use. Mr. Domini noted that perhaps staff could work with the applicant and state • that there are ten special events a year. If those events generate a requirement beyond what is provided, then special arrangements will be made for valet parking or some other means. Commissioner Adams stated this is all subject to the approval of a parking management report. we should be able to incorporate special events in this plan and allow the applicant to have a particular way to handle parking conditions for special events. He noted that the Planning Commission is very concerned with any church parking. Depending on the nature of the church, it can be a huge problem. There is a condition in the staff report that allows for this permit to be called up if there is a problem. This also should work that the church can come back to the Planning Commission for changes to the conditions with regard to parking. The Planning Commission has to have some comfort that overflow parking is not going to impact the neighborhood properties and shopping centers. Ms. Temple noted that one alternative could be to state, ..... "unless otherwise approved by the Planning Director and the City Traffic Engineer." That would mean anytime the church would have a circumstance of this nature, they could come to the city to show us how the parking arrangements would work and what alternative site arrangements could be made. If adequate parking was provided, the staff could approve them on a case by case basis. Commissioner Gifford stated her concurrence with what had been said about • the concept of the parking management plan that could address in its original INDEX 10 Planning of Newport Beach Planning Commission Minutes September 10, 1998 form what the church would plan to do for anticipated events like funerals and weddings. Chairperson Selich asked the applicant to what extent in the first phase are the site improvements that are shown going to be done, in terms of the landscaping, parking, curbs and gutters? Mr. David Pfeifer, architect answered that phase 1 buildings are the parish hall, classrooms and office building. All the parking will be constructed, the landscaping on Bonita Canyon Road and Prairie Road will be installed as well as a certain amount of the court yard between the parish hall and the phase 2 worship center. The project is subject to review by the Irvine Company. The following from Harbor View: Knolls:. Condominium complex appeared in opposition to this project: Richard Hammond - 2769 Hillview Drive .(adjacent neighbor) John Long - 2745 Hillview Drive Neil Steinbrenner- 2750 Hillview Drive Susan Hammond - 2769 Hillview Drive Marcia Voss - 2767 Hillview Drive • Don Landis- 2742 Hillview Drive Robert Kline - 2728 Hilltop Drive Their objection is for the following reasons: • Too small a space - project is too large • Noise in the neighborhood starting from 6:00 a.m. to 6 p.m. • A pre - school that has already been approved and in the process of construction plus another pre - school proposed with this church. • Parking will be a problem. • The cul -de -sac is only access for fire engines to respond to neighbors' potential emergencies. • Major concern with safety at the entrance of their neighborhood. • There are no plans for additional traffic stops on old Ford Road. • The Irvine Company has ignored area neighbor concerns. • Degrades the area with increased traffic. • Use of outdoor patios by the neighbors will be impaired with traffic and parking noise • Why not use an entrance or exit either off Bonita Canyon or Prairie Road for use, appears everything is off Ford Road. • Chimes going to be used - noise in the morning will inconvenience those who work at home and with no air conditioning, windows need to be opened. • Concerned with property value. • • Lighting of the complex. INDEX • City of Newport Beach Planning Commission Minutes September 10, 1998 • • Major bulk and arch itecturalstatement. • The association is against this project due to the concerns of lighting, safety and traffic. At Commission inquiry, staff noted that: • This area has alternative land uses, the primary land use is residential but allows the institutional, educational and these types of facilities with a use permit. • The Floor Area Ratio on this property is .27 and is well within the typical floor area limit. • The Noise Ordinance applies broadlywithin the communityfor all uses. • When improvement plans are submitted, the Fire Marshall reviews them for safety concerns during the standard processing routine, including fire safety equipment and access.. • The amount of traffic being generated by this project is quite small compared typically what. has been on this small area by Ford Road - but that in itself does not necessitate traffic control. However, this is something the City can do as conditions arise. • The curb along the south side will be re- configured to a straight curve (won't have to go part way around the cul de -sac and turn into the driveway). Referencing the exhibit, Mr. Edmonston noted that the access will be approached as if from a street and not from a driveway apron. • If it were found that the church does not comply with the requirements of the community Noise Ordinance, the City Code Enforcement officer would contact the church and work with them to devise ways to bring the project into compliance. Perhaps an acoustical engineer would be retained who would identify specific noise sources and ways to mitigate them or, a simple technique of lowering volume levels on a church organ or altering when doors and windows are closed can take care of those circumstances. • The lighting is a concern of staff's. We therefore added condition 11 on page 13 that is intended to address this specific issue. At commission inquiry, Mr. Lou Domini addressed the following: • Playground is located on the north side of the building that will act as a buffer between the residential neighborhood and the children's play area. • Bell - carillon type bells will be used and a schedule can be agreed upon. • Access was not taken off of Bonita Canyon or Prairie Roads because the Traffic Study determined that it was not safe. Public Comment was closed. Commissioner Adams discussed the variance for the steeple height that is being addressed by the Use Permit that regulates the steeple structures. Nothing is being done out of the ordinary for this church. INDEX • City of Newport Beach Planning Commission Minutes September 10, 1998 Motion was made by Commissioner Kranzley for approval of Use Permit No. 3633 with the additional and amended conditions recommended by staff, commenting that staff has addressed issues that were expressed by the residents such as the Noise Ordinance stipulations. This is a permitted use on this location and is an appropriate use. Ms. Temple noted the amended language: • Condition number 2, bullet point 2 will be modified so that the maximum number of children is in relative to Phases 1 and 2. • Bullet point 4, that the limitation of 20 people shall apply at any daytime worship services is scheduled unless otherwise approved by the Planning Director and City Traffic Engineer. • Bullet point 5, worship services shall be permitted prior to 6:00 p.m. provided that seating is limited to a maximum of 156 seats. • Additional condition. number 13 requiring a reciprocal parking agreement before issuance of the building permit • Additional bullet point under condition 2 that the concurrent use of on site facilities for worship services shall be limited to 312 seats. • Deletion of condition number • Commissioner Gifford asked that condition number 3 be included. There is no situation whether commercial or non - commercial where people would congregate at a particular site and there would be music, singing generated where this condition that the windows and doors are to remain closed has not been imposed. This Use Permit will run with the land, and this would be a departure if we should consider deleting this condition. Given the sensitivity of this issue in the city, it is perhaps something Planning Commission would be wiser not getting into. Commissioner Adams stated that there is a real concern with noise to residents. Maybe a conservative approach would be to leave the condition in and after the church is opened if it wants to conduct experiments on a Sunday, and can show there is no problem, they could come back and ask for a change. Ms. Temple stated that condition no. 3 could be modified to read, "....which include the use of musical instruments, pre- recorded music and /or singing ".... After consideration and with the modification language offered by Ms. Temple, Commissioner Kranzley yielded this stipulation. Commissioner Adams noted for the homeowners across the street that there is a condition that allows the Planning Commission to call up this item if it becomes problematic. • INDEX City of Newport Beach Planning Commission Minutes September 10, 1998 Ayes: Ashley, Selich, Gifford, Adams, Kranzley Noes: None Absent: Fuller Abstain: Ridgeway Findings: 1. The proposed development is consistent with the General Plan and is compatible with surrounding land uses since a church is considered a support use. 2. All significant environmental concerns for the project have been adequately. addressed in the previously accepted environmental impact report and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the project. 3. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of . propertywithin the proposed development. 4. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. • 5. Approval of a parking management plan in support of the requested waiver of required on -site parking is appropriate because of the following project components: • The proposed number of parking spaces provided is adequate to accommodate the proposed church facility, the other uses on site and the child development center on the adjoining site, because the peak parking demand of the two facilities occur at differenttimes of the day, and on different days of the week. • The off -site parking area is located so as to be useful in conjunction with the church uses. • Adequate provision for vehicular traffic circulation is being made for the church facility. • The proposed off -site parking will not create undue traffic hazards in the surrounding area. • The overall daytime parking demand for the property is reduced since there will be only administrative office use, and no services held. The limited weekday worship services should prevent any conflicts for on -site available parking. E INDEX • City of Newport Beach Planning Commission Minutes September 10, 1998 6. The waiver of 16 required parking spaces is appropriate since a parking management plan has been accepted and approved by the Planning Commission. The height of the steeple /bell tower is appropriate in this case because: The design is in keeping with the architecture of the church. The structure will not obstruct public views. The lighting of the steeple structure will be limited to, levels consisted with the surrounding area. 8. The approval of Use Permit No. 3633 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the 'following reasons: • A waiver of 16 parking spaces will not be detrimental to the neighborhood because a parking management plan has been • approved and compliance with the plan is a condition of approval. • The height of the steeple /bell tower is appropriatefor this site. • The noise associated with the proposed use is not anticipated to create any adverse impact on the surrounding uses since the worship services occur during off -peak evening hours and on the weekend and the conditions of approval imposed require that the noise be confined to the interior of the building. Conditions: Development shall be in substantial conformance with the approved site plan, floor plans and elevations, except as noted below. The operation of the project shall comply with the parking management plan described below: • A minimum of 88 parking spaces shall be provided on site for the proposed facility. An additional 16 parking spaces shall be made available on the adjacent lot on weekends. • The pre - school shall be limited to a maximum of 50 children and operation during weekday daytime hours in Phases I and 2. Any increase in the number of attendees shall not be permitted without approval of an amendment to this use permit. Childcare in conjunction with worship services in the evening and on weekends • is permitted. 10 INDEX • City of Newport Beach Planning Commission Minutes September 10, 1998 • The sanctuary shall be limited to a maximum of 312 seats and 9.000 square feet. Any increase in the seating or size of the sanctuary building shall require an amendment to this use permit. • Classes associated with the church shall be limited to Sundays and weekday evenings only. The size of counseling sessions shall be restricted so that no more than 20 persons occupy either the administrative offices or sanctuary facility between the hours of 8:00 a.m. and 5:30 p.m., during the week of any time day time worship services are scheduled, unless otherwise approved by the Planning Director and the City Traffic Engineer. • Worship services shall be permitted during the week shell Rot be peraai#ed prior to 6:00 p.m. provided that seating is limited to a maximum of 156 seats. This limitation Is established of a ratio of 3 seats for each parking space, based on a 52 space weekday parking demand surplus. + i • All employees shall park on -site. • Concurrent use of on site facilities for worship services shall be limited to 312 seats. • 3. Noise generated by the use which Include the use of musical instruments, pre- recorded music and /or singing shall be confined to the interior of the structure and all windows and doors within the facility shall be closed, except when entering and leaving by the main entrance of the facility. 4. The church structure steeple /bell tower shall be limited to a maximum height of 75 feet. 5. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate the installation of landscaping with each phase of the project. The landscape plans shall be subject to the approval of the Planning, Public Works, and General Services Departments. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 6. All trash areas shall be screened from adjoining properties and streets. No outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 8. The project shall be designed to eliminate light and glare onto adjacent properties or uses. The plans shall be prepared and signed by a licensed • Electrical Engineer acceptable to the City. Prior to the issuance of any 11 INDEX City of Newport Beach Planning Commission Minutes September 10, 1998 building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 9. Exterior illumination of the church structure shall comply with the recommended sign luminances established for illuminated signs in Chapter 20.67.025 of the Municipal Code: Additionally; the Planning Director may order the dimming of any illumination: .found to be excessively bright, based on that criteria. 10. The applicant shall provide executed, reciprocal parking agreement that provides the maintenance required off -sheet parking on an adjacent lot for the duration for the proposed uses on the site prior to the • issuance of a building permit. Standard Requirements: • All signs shall conform to the provisions of Chapter20.06 of the Municipal Code. The project shall comply with State Disabled Access requirements. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 5. The operatorof the church facilityshall 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. That is, the sound shall be limited to no more than depicted below for the specified time periods: 12 INDEX • City of Newport Beach Planning Commission Minutes September 10, 1998 • Between the hours of 7:00 a.m. &10:00 p.m. Between the hours of 10:00 p.m. & 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 6. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the facility to insure compliance with these conditions, if required by the Planning Director. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. This Use Permit for Phase 1 of the project as described in the staff report 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. The Use Permit for Phase 2 of the project shall expire unless exercised within 60 months from the date of approval, as allowed by Section 20.91.050A of the Code. SUBJECT: Fletcher Jones Motorcars 3300 Jamboree Road • Use Permit No. 3565 A Request to approve a use permit for the construction of an off -site parking lot for employees on vacant land beneath the State Route 73 (San Joaquin Hills Tollway) bridges spanning San Diego Creek along the future extension of Boyview Way. The construction consists of an access road from the dealership, a parking lot and a new riding and hiking trail. The surface parking lot will accommodate approximately 246 parking spaces. The parking lot will be used for employee parking only, and is not intended to be used for inventory storage. Staff requests that this hearing be continued to September 24, 1998, to allow 13 INDEX Item No. 2 UP 3565 A Continued to 9/24/1998 • City of Newport Beach Planning Commission Minutes September 10, 1998 INDEX additional time to respond to comments made on the Mitigated Negative Declaration. Motion was made by Commissioner Kranzley to continue Use Permit No. 3365 A to September 24, 1998. MOTION CARRIED. Ayes: Ashley, Selich, Gifford, Adams, Kranzley Noes: None Absent: Fuller, Ridgeway Abstain: None # ## ADDITIONAL BUSINESS: Additional Business a.) City Council Follow -up - Oral report by the Planning Director regarding City Council actions related to planning - Ms. Temple reported that the City Council adopted the minor amendments to the Zone Code, an EIR contract for Rockwell project expansion was approved, the General Plan Amendment regarding the Time Share Policy was • adopted, and revisions to two final tract maps for Pacific Bay Homes were approved. b.) Oral report from Planning Commission's representative to the Economic Development Committee - none C.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Ridgeway asked for a presentation of the City's policy on natural grade; Commissioner Gifford asked for a presentation on permanent structures built on property lines that are no higher than three feet. d.) Matters that a Planning Commissioner may wish to place on a future agenda for action and staff report - none. e.) Requests for excused absences - none. k ## ADJOURNMENT: 8:30 p.m. Adjournment RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • 14