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HomeMy WebLinkAbout10/24/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE:-, City Council,Chambers TIME: 7:30 P.M. DATE: October 24, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Commissioner Pomeroy and Commissioner Merrill were absent. x x x EX- OFFICIO OFFICERS PRESENT: Robin Flory, Assistant City`Attorney William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager John Douglas, Principal Planner Don Webb, City Engineer Dee Edwards, Secretary a x.s Minutes of October 10 1991: Minutes of Motion * Motion was made and voted on to approve the October 10, 1991, 10 /10/91 Ayes Planning Commission Minutes. MOTION CARRIED. Abstain Absent x x x Public Comments. Public Conaents No one appeared before the Planning Commission, to speak on on- agenda items. x x x Posting of the n Posting of the William Laycock, Current Planning Manager, stated that the Agenda Planning Commission Agenda was posted on Friday,. October 18, 1991, in front of City Hall. xx. COMMISSIONERS Jai ov\N October 24, 1991 MINUTES CITY OF NEWPORT BEACH RO L CALL INDEX Request for Continuances: request for Mr. Laycock stated that the applicant agreed with staffs Continue recommendation that Item No. 3, Traffic Study No. 77 and Use Permit No. 3424, Carl Karcher Ent. Inc., property located at 4880 Campus Drive, be continued to the November 7, 1991, Planning Commission meeting. It was determined that the proposed project requires a waiver of a portion of the required public off- street parking spaces, and reposting and renotification of the surrounding property owners is required. Motion * Motion was made and voted on to continue Traffic Study No. 77 Ayes, * * and Use Permit No. 3424 to the November 7, 1991, Planning Absent * * Commission meeting. MOTION CARRIED. Use Permit No. 3429 (Public Hearin Item No.1 Request to permit the construction of a hand car wash and UP3429 detailing facility which also includes a small retail boutique and display area, on property located in the C -1 -H District. The Approved proposal also includes a request to allow a portion of the proposed wilding to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District; and the acceptance of an environmental ocument. CATION: Lots 39 through 42, Tract No. 1210, located at 1200 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club. ONE: C -1 -H APPLICANTS: Grady Hanshaw and Andy Kohanzad, Villa Park OWNER: Golden Empire Trading Co., Inc., Corona del Mar • William Laycock, Current Planning Manager, referred to the addendum to the staff report in response to Mr. D.. B. Bertone's letter regarding the subject project. -2- COMMISSIONERS k \0§\N d o October 241 1991MINUTES CITY OF NEWPORT BEACH RME CALL INDEX Don Webb, City Engineer, referred to Condition No. 13, Exhibit "A ', regarding the preparation of a hydrology and hydraulic, study. . He explained that the City's Grading Engineer indicated that the drainage from the slopes above West Coast Highway often flow uncontrolled, and he stated that it may be determined that after the hydrology study is completed, a drainage easement may be needed to allow water to pass through the site. Mr. Webb suggested that Condition No. 13 be amended to state "..systems or dedication of any easements shown to be required..:'. Commissioner Debay requested that the addendum to the staff report be mailed to Mr. Berton. The public hearing was opened in connection with this item, and Mr. Grady Hanshaw and Andy Kohanzad, applicants, appeared before the Planning Commission. Mr. Hanshaw concurred with the findings and conditions in Exhibit "A", including amended Condition No. 13. Mr. Hanshaw complimented staffs treatment of the applicants during the application process. He explained that the two -story hand car wash will alleviate concerns regarding noise, and the only noise emitting from the car wash will be the dryer inside a structure. Mr. Hanshaw stated that the Mediterranean design will improve the architecture and landscaping on West Coast Highway. In response to questions posed by Commissioner Edwards, Mr. Hanshaw replied that the applicants have not communicated with e neighbors and he was not aware of Mr. Bertone's concern prior to the public hearing; Mr. Kohaniad operated a car wash facility in Garden Grove for 10 years; the car wash will increase traffic by 100 trips per day and the applicants have agreed to pay $50,000.00 to install the traffic signal at the drive approach; and the proposed dedicated 12 feet on West Coast Highway will mitigate traffic entering the site. Mr. Hanshaw explained that the recycled water system that the car wash will use requires 5 to 6 gallons of fresh ater to rinse off the car, and consists of a 25,000 gallon capacity of recycled gray water. Mr. Richard Finkel, Architect for the applicants, appeared before the Planning Commission in response to questions posed by Commissioner Debay. Mr. Finkel described the architectural esign of the project that will be developed close to the bluff, and he indicated that the car wash would not impact the residents' -3- COMMISSIONERS dh \04110 0 CITY OF NEWPORT October. 24, 1991MINUTES BEACH RO L CALL INDEX water view. Mr. Finkel addressed the allowable 26 foot height on the subject property and the height of the proposed project. Commissioner Glover referred to the narrow properties adjacent to the subject site on West Coast Highway and the dedication of 12 feet for street and highway purposes. She stated that the applicants are sensitive to the area, and the design of the structure that is proposed to be built adjacent to the bluff will improve Mariner's Mile and will set an example of how the area can be improved. Commissioner Glover addressed the City's concern regarding how the area can be improved in consideration of the required 12 foot dedication adjacent to West Coast Highway. Commissioner Edwards addressed Mitigation Measure No. 2, requesting an acoustical analysis report, wherein Mr. Finkel explained that a preliminary acoustical study has been completed. Mr. Haushaw explained that office, boutique, and storage space will be located on the second story of the structure. He further stated that a display area is proposed for exotic and race automobiles. Mr. Finkel stated that the car wash will operate from 8:00 a.m. to 6:00 p.m. seven days a week. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3429 and related Environmental Document subject to the findings, mitigation measures, and conditions in Exlu'bit "A ", including the foregoing modified Condition No. 13. Commissioner Gross stated that the proposed project will improve the area, and the car wash will not create noise. In response to a question posed by Commissioner Debay, Mr. Laycock explained that the applicants will be required to apply for a Resubdivision to create one building site at a later date. Chairman Di Sano concurred with the foregoing statements in support of the project. * * * * Motion was voted on, MOTION CARRIED. t -4- COMMISSIONERS � r\N� 'October, 24, 1991 MIN UT ES CITY OF NEWPORT BEACH R CALL INDEX A.ENVIRONMENTAL DOCUMENT: Accept the environmental document, malting the following findings and, requiring the following mitigation measures: Findings: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the • record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. Miti ati n Measures: 1. Notwithstanding the site plan, prior to issuance of any grading or building permit, the project proponent shall demonstrate that the project has been redesigned so that no physical alteration of the bluff face is required. 2. Prior to issuance of a building permit, a detailed acoustical analysis report shall be prepared describing the noise generation potential for the project based on the detailed project design, noise attenuation features, and equipment specifications. The report shall demonstrate that the project will not exceed allowable levels as described in the County -5- COMMISSIONERS A\Oee\N ��ndah �� `October 24, CITY OF NEWPORT BEACH 1991MINUTES R CALL INDEX of Orange Noise Control Ordinance with respect to the residential properties adjacent to the project site. The report shall be subject to review and approval by the Director of Planning. 3. The hours of operation of the project shall be limited to 8:00 a.m. to 6:00 p.m. 4. Prior to issuance of any building permit the applicant shall demonstrate to the Planning Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimise light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, this requirement has been met. B. USE rr NO, 3429 . Fin 1. That the proposed development is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 3. That public improvements may be required of the developer per Section 20.80.060 of the Newport Beach Municipal Code. 4. That adequate parldng exists on -site to serve the car washing /auto detailing facility and the related retail use. 5. That the establishment of the subject business will not have any significant environmental impact. 6. That the approval of Use Permit No. 3429 will not result in abrupt scale relationships between the subject site and the neighboring properties. -6- COMMISSIONERS `October 24; 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 7. That the increased height of the cupola type structure will result in a more appealing architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 8. That the structure will have no more floor area than could have been achieved without the Use Permit. 9. That the approval of Use Permit No. 3429 for the proposed use and the increased height of the cupola type structure will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the development shall be in substantial conformance • with the approved plot plan, floor plans and elevations, except as noted below. 2. That the on -site access to the proposed facility shall be subject to further review by the City Traffic Engineer prior to the issuance of building permits for the subject facility. 3. That the location of the handicap parking space be relocated to an area adjacent to the patio /waiting area. 4. That the driveway opening shall be revised to a maximum of thirty five (35) feet and aligned with the Balboa Bay Club entrance. 5. That a landscape plan shall be approved by the Planning Director and the Parks, Beaches and Recreation Department. Said landscaping shall be installed in accordance with the approved plan and shall be permanently maintained. 6. That the landscaping and monument sign shall not obstruct the line of sight of vehicles exiting the subject property. . That the City Traffic Engineer shall approve the final -7- COMMISSIONERS October. 24, 1991MINUTES \ee\ .d q� CITY OF NEWPORT BEACH R L CALL INDEX location of the monument sign and landscaping prior to issuance of building permits. 7. That a parcel map combining the lots into a single building site be processed and recorded prior to issuance of any building permits. That the Parcel Map be prepared so that the bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set On Each Lot Comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the project construction. 8. That all improvements be constructed as required by Ordinance and the Public Works Department. 9. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of • the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 11. That the intersection of the driveway and West Coast Highway be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 12. That the existing unused drive aprons be removed and replaced with curb, gutter and sidewalk along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation. 13. That a hydrology and hydraulic study be prepared by the • applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain 8 COMMISSIONERS October 24,,1991MINUTES CITY OF NEWPORT BEACH RXI CALL INDEX facilities for the on -site improvements prior to recording of the parcel map or issuance of any building permits. Any modifications or extensions to the existing storm drain, water and sewer systems or dedication for any easements shown to be required by the study shall be the responsibility of the developer. 14. That 12 feet of right -of -way be dedicated to the public for street and highway purposes along the West Coast Highway frontage prior to issuance of any building permits. 15. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimised by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the West Coast Highway • right -of -way. 16. That the applicant be responsible for 50% of the design and construction costs for a traffic signal at the project driveway and West Coast Highway as traffic warrants have been met. An appropriate agreement and surety shall be provided in order to guarantee completion of the traffic signal improvements. 17. That the proposed monument sign be designed to provide sight distance along West Coast Highway and that the design be approved by the Public Works Department; that a Public Works Department Encroachment Permit be issued for construction of the proposed monument sign; and that the Owner shall remove the proposed monument sign upon 30 days written notice from the City that street or other public improvements are to be constructed within the West Coast Highway right -of -way. 18. That the drainage from the car wash be collected on -site and disposed of in a manner acceptable to the Public Works Department. 19. That a landscape trellis or solid fence of of least 5 feet in height shall be installed between the proposed detailing area -9- COMMISSIONERS October 24, 199- MINUTES A\\N CITY OF NEWPORT ' BEACH RME CALL INDEX and West Coast Highway. Said landscaping and trellis shall be permanently maintained. 20. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 21. That the outdoor storage of tires and other auto related parts or merchandise shall be prohibited on -site. 22. That the entire site shall be maintained in a clean and orderly manner. 23. That two exits shall be provided from the second floor to the ground floor, unless otherwise approved by the Building Department. 24. That the wash tunnel area shall also be protected so as to prevent drainage from the parking lot from entering the . sewer system. The drain shall be connected to the sewer system and have a grease trap. The design and installation of the above facilities shall be approved by the Utilities Department. 25. That the hours of operation shall be limited between the hours of 8:00 a.m. and 6:00 p.m., daily. 26. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 27. That all employees shall park on -site at all times. 28. That the Planning Commission may add 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. 29. This use permit shall expire unless exercised within 24 . months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -10- COMMISSIONERS Aft October 24, 1991 MINUTES CITY OF NEWPORT BEACH R CALL INDEX Use Permit No. 3431 (Public Hearing) Item No.2 Request to permit the establishment of a dry cleaning facility on UP3431 property located in the "Retail and Service Commercial" area of the Cannery Village /McFadden Square Specific Plan. Approved LOCATION: Lots 18 through 21, Subdivision of Block 227, Section A, Newport Beach, located at 2825 Newport Boulevard, on the westerly side of Newport Boulevard (northbound), on the commercial island across from Cannery Village. ZONE: SP -6 APPLICANT: Ho Kim, Corona del Mar OWNER: Theresa Phillips, Costa Mesa The public hearing was opened in connection with this item, and Ms. Christina Kim, applicant, 2744 East Coast Highway, appeared before the Planning Commission, and she concurred with the findings and conditions in Exhibit "A ". Ms. Kim addressed the applicants compliance with the Air Quality Management District's requirements. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to adopt Use Permit No. 3431 Ayes * * * * * subject to the findings and conditions in Exhibit "A ". MOTION Absent ARRIED. 1. That the proposed development is consistent with the Land Use Element of the General Plan and with the Local Coastal Program, and is compatible with the surrounding land uses. 2. That adequate on -site parking is provided for the proposed use. -11- COMMISSIONERS In \04 lee 0 October 24, 1991MINUTES CITY OF NEWPORT BEACH ROTECALL 11 till I INDEX 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. That the approval of Use Permit No. 3431 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDMONS: 1. That development shall be in substantial conformance with the approved plot plan and elevations, .except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements,.if it is desired to obtain a building permit prior to completion of the public improvements. 4. That the parking lot be restriped to conform to City Standards prior to the occupancy of the building, and that the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 5. That the nonstandard drive approach be reconstructed per City standards to match the existing driveway width and that the deteriorated sidewalk be reconstructed, along the Newport Boulevard (northbound) frontage. All work shall be completed under an encroachment permit issued by the Public Works Department. -12- COMMISSIONERS 01 October 24, 1991MINUTES CITY OF NEWPORT BEACH R L CALL INDEX 6. That any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. 7. That the rear stairway be reconfigured to exit from a new door to be located along the wall adjacent to Newport Boulevard (northbound) as required by the Building Department. 8. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 9. There shall be no outside storage of materials, supplies or other paraphernalia likely to be objectionable to the adjacent property owners or residents. 10. That arry roof top or other mechanical equipment shall be screened from view and shall be sound attenuated to be no greater than existing sound levels at the property lines. • 11. That any outdoor trash containers shall be screened from adjoining properties. 12. That the proposed dry cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 13. That the dry cleaning facility shall only be open for business between the hours of 7:00 a.m. and 9:00 p.m. daily. 14. That all employees shall park on site. 15. That Coastal Commission approval shall be obtained prior to the establishment of the dry cleaning facility. 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 17. That 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 amendment causes injury, or is detrimental to the health, -13- COMMISSIONERS \ October 24, 1991 MINUTES CITY OF NEWPORT BEACH R CALL INDEX safety, peace, morals, comfort, or general welfare of the community. Traffic No. 77 ftblic Hearing) item No:3 Request to approve a Traffic Study so as to permit the construction TS No. 77 of a 3,822± square foot (gross) retail building and a 4,188± square foot (gross) drive -in and take -out restaurant; and the acceptance of M424 an environmental document. contGdAo AND 11/7/91 B Permit No. 3424 (Public Hearing) Request to permit the construction of a drive-in and take -out restaurant facility in conjunction with a proposed retail commercial building on property located in the Retail and Service Site No. 1 • of the Koll Center Newport Planned Community. The proposal also includes: a request to allow a portion of the required off - street parking spaces for the take -out restaurant to be provided thin the proposed drive- through lane within the facility; a modification to the sign standards for the Koll Center Newport Tanned Community so as to allow one ground identification sign which exceeds 4 feet in height; a third wall identification logo; and o additional ground signs (menu signs) which contain 32# square feet each and also exceed 4 feet in height. CATION: Parcel 4 of Parcel Map 76 -45 (Resubdivision No. 506), located at 4880 Campus Drive, on the southwesterly comer of Von Karman Avenue and Campus Drive, in Koll Center Newport. ONE: P -C APPLICANT: Carl Karcher Ent. Inc., Anaheim WNER: Elco Partners, Newport Beach illiam L.aycock, Current Planning Manager, stated that inasmuch as staff determined that the proposed project requires a waiver of -14- COMMISSIONERS ,o o �q Am 0 i\\N \ October 24, 1991MINUTES CITY OF NEWPORT BEACH R CALL INDEX a portion of the required off - street parking spaces due to a miscalculation of the parking requirement for the proposed uses, it will require renotification of the surrounding property owners. He stated that the applicant has agreed to continue .the subject application to the Planning Commission meeting of November 7, 1991. Motion * Motion was made and voted on to continue Traffic Study No. 77 Ayes * * and Use Permit No. 3424 to the November 7, 1991, Planning Absent Commission meeting. MOTION CARRIED. s s s Commissioner Debay suggested that the Planning Commission open the public hearing for Item No. 5, regarding real estate signs, prior Moved PH to the public hearing for Item No. 4, regarding the Hoag Hospital for item 5 Emergency Room, based on the number of speakers wishing to g cy p g prior to PH for Motion * testify on Item No. 4. Motion was made and voted on to open the Item 4 Ayes * * * * * public hearing for Item No. 5 before Item No. 4. MOTION nt * * CARRIED. s s s Amendment No. 727 Public Hearin Item No.5 Request to amend Title 20 of the Newport Beach Municipal Code A727 so as to allow real estate signs to exceed four feet in height so as (Res.1268) to be reasonably visible from the street. Approved INITIATED BY: The City of Newport Beach Commissioner Debay referred to the first paragraph in the staff report wherein it is stated that the subject amendment concerns vehicle mounted real estate signs. Robin Flory, Assistant City Attorney, explained that the subject amendment addresses the height of real estate signs in the front yard if a sign is not visible from the street. Ms. Flory suggested that vehicle mounted be deleted from the first paragraph. In response to a question posed by Commissioner Glover, Ms. Flory explained that the Zoning Code currently allows signs on vehicles only when there is not an alternative. -15- COMMISSIONERS on October 24, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Ray Zartler, 1970 Port Province, immediate Past President of the Newport-Mesa Association of Realtors, appeared before the Planning Commission, and he submitted a petition comprised of over 200 signatures in favor of the proposed Amendment. Mr. Zartler stated that the existing Sign Ordinance allows vehicle mounted signs only when there is no feasible way to install the sign due to a lack of front yard setbacks, or other conditions. He stated that the existing Ordinance does not allow vehicle mounted signs when an Open House sign can be placed in the ground; however, the car top signs are an effective visible means of communicating real property open for inspection and at the same time provide for a high degree of pedestrian and traffic safety. Mr. Zartler stated that the proposed Amendment provides for a height increase for temporary open house signs in front of property open for inspection. . Commissioner Gross addressed Section 20.06.080 B 2(b) and he indicated a concern that temporary signs shall remain in place for a period not exceeding sixty days per calendar year. Mr. Zartler explained that the subject amendment addresses residential real estate signs only, and not commercial and industrial signs. In response to Commissioner Edwards, Mr. Zartler explained that the subject signs apply only to open house signs or when a real estate agent is on site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Debay stated that on the basis that the proposed Amendment is a compromise between the Board of Realtors and Motion * the City Attorney's Office, motion was made to adopt Resolution No. 1268, and recommend to the City Council the adoption of Amendment No. 727. In response to a question posed by Commissioner Gross, Mr. Laycock explained that the temporary signs permitted in commercial and industrial districts for a period not exceeding sixty days per calendar year are not for sale signs. The signs only make reference to the existing commercial or industrial business. Mr. . Laycock explained that when a business applies for a Sign Permit from the Planning Department to install a temporary banner there -16- COMMISSIONERS October 24, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL Ill Jill INDEX is a time limit as to how long a banner can be located on the site, and that Code Enforcement Officers enforce the Ordinance accordingly. Ayes. * * * * * Motion was voted on to approve Amendment No. 727 and adopt Absent * * Resolution No. 1268. MOTION CARRIED. A. Traffic Study No. 79 (Public Hearing) stem No.4 Request to approve a Traffic Study so as to permit the construction T9 #79 of 13,691± square foot (gross) of additions to Hoag Memorial Hospital; and the acceptance of an environmental document. vni42iA Approved AND B. Use Permit No. 1421 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the expansion of the Hoag Memorial Hospital located in the A -P -H District. The proposed amendment includes a request to expand the existing emergency wing of the hospital to include: a new service level addition including a new loading dock area; the expansion and renovation of existing emergency room facilities; and the construction of emergency room staff facilities to include offices, secretary work areas, a classroom, doctors' and nurses' lounge and locker rooms. The proposal also includes improved elevator access to the existing second floor belipad. LOCATION: Parcel No. 1 of Record of Survey 15 -30, located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. ZONE: A -P -H APPLICANT: Hoag Memorial Hospital Presbyterian , Newport Beach . OWNER: Same as applicant -17- COMMISSIONERS a October 24, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX William Laycock, Current Planning Manager, referred to the addendum to the staff report in response to letters received by staff concerning the Environmental Document. John Douglas, Principal Planner, addressed the Hoag Memorial Hospital Master Plan that is currently being reviewed by staff, and the draft EIR that is currently available to the public for review. The proposed expansion of the emergency room facility located on the Hoag Hospital campus is being treated separately because the existing emergency room is vastly over capacity, inasmuch as it was designed for a much smaller patient load. The proposed project is designed to accommodate existing demand for emergency services in the community, and not intended to address future demand. Mr. Douglas responded to the letters in the staff report's addendum wherein he indicated that one of the main concerns is that the project is being considered separately from the overall Master Plan and the proposed project should be treated in unison with the proposed Master Plan. He explained that staff conducted an environmental analysis of the project, all of the potential environmental impacts were considered, and on the basis of the analysis, staff concluded that there were no significant impacts that would directly result from the subject project, and on that basis, a Negative Declaration was prepared and posted for public review. Commissioner Edwards requested that Robin Flory, Assistant City Attorney, respond to Mr. John P. Chamberlain's letter dated October 22, 1991, and the City Attorney's Office response dated October 24, 1991, in response to Mr. Chamberlain's letter. Ms. Flory explained that CEQA states that the proposed project is appropriate to stand alone inasmuch as it does not generate any other additional expansion efforts. Furthermore, the project is not being segmented out to avoid environmental review of a larger project because an environmental review of a larger project is occurring. The project is being segmented out because it does operate as an individual project. The accumulative affects are also to be reviewed, and they are being reviewed in terms of the over- all document, but the Planning Commission is being given a more detailed look of a project as it stands on its own rather than as an accumulative impact with the Master Plan. In response to a question posed by Commissioner Edwards regarding the cumulative effect of the emergency room expansion, -18- COMMISSIONERS . O,r��O�� G �n October 24, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 fill INDEX Mr. Douglas explained that the draft EIR prepared for the Master Plan addresses the entire project that includes the proposed expansion of the emergency room. He further explained that CEQA is designed to prohibit piecemeal analysis, and approval of an early phase of a project that would commit the City to approving an entire project, or an irreversible action that could not be turned around and changed later, would be inappropriate. Mr. Douglas stated that if the Planning Commission approved the proposed expansion of the emergency room, the Commission would not be committing the City to approving the Master Plan, and also by approving the subject project, the Commission would not be precluding any other options with respect to the Master Plan. Commissioner Gross concluded after Mr. Douglas' presentation that the Negative Declaration is adequate, and only because of a potential implied relationship that there may be controversy. The public hearing was opened in connection with this item, and Mr. Michael Stephens, President of Hoag Memorial Hospital, appeared before the Planning Commission. In response to a question posed by Chairman Di Sano, Mr. Stephens concurred with the Findings, Mitigation Measures, and Conditions contained in Exhibit 'W'. Mr. Stephens stated that the proposed emergency room consists of 13,691± square feet representing expansion on three levels of the existing emergency care unit, and it is the first phase of a two phase project. He said that once the construction is completed, the applicant would be able to renovate the existing clinical area for the emergency care unit so that each would function as a single integrated unit. Mr. Stephens explained that the existing emergency care unit was designed for approximately 18,000 visits, and the 17 treatment rooms that currently exist correspond with that number of visits. The planning documents that equate treatments areas indicate that it would be necessary to double the number of treatment units in order to serve the 38,000 visits that the Hospital received in 1990. Mr. Stephens determined that the existing emergency room is under- sized, and that the proposed project is needed by the Hospital. Mr. Stephens further explained that there are changes in technology and medical care that require additional treatment areas, and treatment areas that are larger than were anticipated at the time the emergency room was designed and became operational in 1974. Mr. Stephens addressed the crowded conditions that currently exist in the emergency room; the need for the proposed expansion; the pace of the development and review process of the Hospital's Master Plan -19- COMMISSIONERS October 24, 1991MINUTES 4 CITY OF NEWPORT BEACH ROLL CALL INDEX and the prospects of the final approval of the Master Plan; and the urgency of the proposed expansion as soon as the plans have been approved by the State Department of Health. Mr. Stephens stated that the design of the proposed facility is an attempt to reduce the impact on adjoining properties, and a compelling reason to add a third level on to the project is not to extend the expansion beyond the existing building configuration. He said that the proposed project will not be developed closer to the neighbors than the existing structure, and the tennis courts on the Versaille residential condominium property are located across the service road from the Hospital. In response to questions posed by Commissioner Edwards, Mr. Stephens replied that the construction of the exterior portion of the expanded emergency care unit is proposed to take 16 months. Mr. Stephens further replied that emergency care and paramedic transports draw from a wider area than the Newport Beach and Costa Mesa community. Commissioner Debay stated that a 75 foot setback is proposed between the proposed facility and the adjoining property. Dr. Greg Super, 4000 River Avenue, Physician Director of the . Emergency Care Unit, appeared before the Planning Commission. Dr. Super stated that the number of patients using the Emergency Care Unit has doubled since the original facility was planned, and the complexity of providing care in the Emergency Department has increased to become as big a factor as the number of patients. There have been changes in emergency care in the past 15 years that have created additional time spent by patients in the Emergency Department: the free - standing emergency centers take care of problems that are of a minor and quick nature; the Emergency Care Unit takes care of patients that consist of more serious illnesses requiring greater and longer testing and longer periods of care; inasmuch as the cost containment effort is very expensive to be admitted to a hospital, tests are being run in the Emergency Department for patient evaluation; and an increase in medical technology allows testing in the Emergency Department. Dr. Super stated that inasmuch as the Hospital administers the entire paramedic program for the community, the Emergency • Department will provide the service on -site instead of off the campus so as to keep the paramedics near the emergency response. -20- COMMISSIONERS October 24, 1991MINUTES o o ocn� A � � CITY OF I NEWPORT BEACH ROLL CALL INDEX In response to questions posed by Commissioner Gross, Dr. Super replied that the proposed facility would accommodate and not exceed 38,000 patients. Mr. Stephens replied that the State Department of Health will approve the architectural plans, and the proposed plans are currently in design and review. Mr. Stephens further replied that the State Department of Health does not review the proposal for any type of environmental impacts. In response to questions posed by Chairman Di Sano, Dr. Super replied that once the 17 treatment stations are in use in the Emergency Department, there are spaces that the Fire Marshall has requested that could accommodate approximately 10 people that the Hospital keeps clear; however, the spaces could be used in the event of a major disaster. Dr. Super stated that after the proposed emergency center is completed, about twice as many treatment stations would be available than what currently exist. The Planning Commission recessed at 8:45 p.m. and reconvened at • 8:55 p.m. before the Planning Mr. Bill Jennings, Villa Balboa, appeared Commission. He did not question the need for Hoag Memorial Hospital to expand the Emergency Room; however, he had concerns with respect to the Negative Declaration's Environmental Analysis Checklist. Mr. Jennings addressed the Negative Declaration, Project Description, and he indicated that the one drawing that was issued with the initial document did not supply enough details to allow a neighbor to visualize the scale of the project or a visual impact. He stated his concerns regarding air and noise during the construction period based on his previous experiences during construction of various Hospital projects, and he said that the City's and AQMD control measures are not always followed, i.e.: truck traffic and heavy equipment start at 5:00 a.m., and the engine noise emitting from diesel powered equipment and heavy equipment run 8 hours a day. He suggested that the magnitude and duration of the noise should be monitored and controlled within reasonable limits, and if the noise becomes a chronic nuisance, what can the community do about it. In reference to Transportation and Circulation, Mr. Jennings stated that the explanations are misleading when it states there will be no increase in traffic due to the project, and that the traffic has increased due • to community growth and the use of the Hospital. He indicated that it would be a fairer statement if it was stated that the traffic -21- COMMISSIONERS October 24, 1991MINUTES � A \\ CITY OF NEWPORT BEACH ROLL CALL INDEX will increase and the facilities are being expanded to accommodate it. He pointed out that the route of the Emergency Room traffic is not addressed in the Negative Declaration. In response to questions posed by Commissioner Debay, Mr. Jennings concurred that he does not oppose the proposed project; however, he requests conditions that will monitor the traffic and operating hours of the construction work. Don Webb, City Engineer, stated that the Uniform Building Code provides the construction operating hours, and the Building Department enforces said hours. Mr. Laycock explained that if there are complaints because construction starts before 7:00 a.m., a Building Official would contact the applicant. Mr. Webb stated that the Police Department would consider the noise emitting from the construction site during non - working hours as a public nuisance, and would consider shutting the contractor down if the noise is considered excessive of the Ordinance requirements. Commissioner Glover stated that it was her interpretation that the Negative Declaration indicated that no more traffic will be generated because there will be more emergency stations, and that patients will have to wait for a shorter amount of time to receive attention. Mr. Douglas concurred that the expansion of the floor space of the Emergency Room would not attract more people to the Emergency Room, and the level of patients is determined by illness and accidents in the community and not the space of the facility. Mr. Alec Cormack, 260 Cagney Lane, appeared before the Planning Commission in support of the proposed project; however, he expressed his concern with the increase in supplies that will be delivered by truck on the service road and loading dock. He said that the noise from the delivery trucks currently begins early in the morning into late at night seven days a week, and he suggested that the delivery trucks operate from 6:00 am. to 9:00 p.m. Ms. Rosemary Steinbrecher, 100 Scholz Plaza, No. 112, appeared before the Planning Commission. Ms. Steinbrecher suggested that the Emergency Care Center be relocated to an area that is not adjacent to a residential area. She referred to the noise emitting from the loading dock and dumpster area early in the morning; • ambulances arriving at the Hospital in the middle of the night; and -22 COMMISSIONERS VNN0 1\ V11\ October 24, 1991MI NUT ES CITY OF NEWPORT BEACH ROLL CALL INDEX the Hospital is proposing to expand beyond the needs of a City of 65,000 residents. Ms. Steinbrecher and Commissioner Gross discussed the dates of completion of the Versailles Condominium project and the Hospital Towers. In response to a question posed by Commissioner Gross with respect to adding a condition that would prevent trucks from arriving at the Hospital prior to 7:00 a.m. after construction is completed, Ms. Steinbrecher replied that said condition would satisfy one of her concerns, but it would not satisfy her concern with respect to the ambulances arriving at the Hospital with the sirens on in the middle of the night. Commissioner Debay referred to Mitigation Measure No. 2 stating that the City of Newport Beach shall send a letter to each emergency vehicle company that delivers patients to Hoag Hospital requesting that, upon entrance to either the Upper or Lower Campus, emergency vehicles turn off their sirens to help minimize noise impacts to adjacent residents. Commissioner Debay further stated that the • Emergency Care Center is a facility that is available to up to 100,000 tourists visiting the City each day during the summer months. Commissioner Edwards stated that Ms. Steinbrecher's concerns of ambulance noise and vehicles arriving before 7:00 a.m. currently exist, and would exist even if the proposed expanded Emergency Care Center is not built. Ms. Jill Lindsay, 4 Balboa Coves, appeared before the Planning Commission on behalf of the Balboa Coves Community Association, and she referred to the Association's letter addressed to the Planning Commission dated October 16, 1991. In reference to Mitigation Measure No. 2 regarding emergency vehicles entering the Lower Campus, Ms. Lindsay stated that the entrance from West Coast Highway has never been used for emergency vehicles, and she recommended a circulation report inasmuch as residents of Balboa Coves are concerned with the traffic at the intersection on West Coast Highway. She suggested that the proposed project be continued and be considered at the same . time the Planning Commission addresses the Master Plan. Ms. Lindsay stated that representatives from Hoag Memorial Hospital had one meeting with the Balboa Coves Community Association last summer. -23- COMMISSIONERS October 24, 1991 MINUTES a =CITY OF NEWPORT BEACH I_ROLTLL INDEX In response to a request by Commissioner Glover, Ms. Lindsay stated that the traffic light proposed at the intersection of Balboa Coves and West Coast Highway has not been addressed in the Master Plan. Mr. Webb replied that the City Traffic Engineer selects intersections with a history of traffic so as to provide an existing traffic count for comparison, and he said that up until the past few months, the intersection at Balboa Coves and West Coast Highway was not in operation and the traffic studies were completed prior to the time of installation. He explained that the intersection will be included in the over -all Traffic Phasing Program for 1992. Ms. Lindsay responded that Balboa Coves' review of the preliminary Traffic Study for the Master. Plan determined that 13,000 trips would be generated through the intersection per day. Mr. Webb stated that a fourth lane on West Coast Highway is proposed by Hoag Memorial Hospital in front of their property which increases the capacity of the intersection. significantly, and the City does not anticipate that the level of service at the intersection will be unacceptable. He suggested that a discussion of the Traffic Study be delayed until the Master Plan • is considered. Commissioner Edwards questioned if the aforementioned Balboa Coves' review of the preliminary Traffic Study only relates to the proposed project. Ms. Lindsay and Commissioner Edwards discussed how the preliminary Traffic Study extrapolates the square footage of the proposed Emergency Room. Commissioner Debay stated that the existing Emergency Room was designed in 1974, the process of the General Plan Build -Out addresses the next 20 years, and the expansion of the Emergency Room is an immediate need. She explained that the Hospital's Master Plan will be considered by the Coastal Commission, and inasmuch as the Emergency Room is not located in the Coastal Zone, the facility could be built and operating soon. Commissioner Gross referred to a Memorandum from Rich Edmonton, City Traffic Engineer, to John Douglas, Principal Planner, dated October 8, 1991, stating that the Intersections nearest the hospital were reviewed to determine the increase in traffic that would exceed the 1 % threshold for the peak period. An additional 75 or more trips would be required on the lowest volume approach at Coast Hwy and Superior or 45 or more trips in the peak period coming from Newport Boulevard onto Hospital Road. In my opinion, -24- COMMISSIONERS October 24, 1991 MINUTES oar � CITY OF NEWPORT BEACH ROLL CALL INDEX it is highly unlikely that there could be this great an increase in traffic resulting from the proposed expansion. Mr. Charles Holmes, 280 Cagney Lane, appeared before the Planning Commission. He addressed his concern regarding noise emitting from the Hospital's trash dumpster in the early morning, and delivery trucks allowing their engines to run. Traffic starts on the service road from Hospital Road to West Coast Highway between 5:00 a.m. and 6:00 a.m., and the service road should only he travelled by Hospital employees. In response to a comment in the staff report regarding construction of a temporary nature, Mr. Holmes stated that the construction noise will last one year. Commissioner Gross asked if an added condition prohibiting truck traffic on the service road prior to 7:00 a.m. would be acceptable. Mr. Holmes stated that the condition would help the residents. In response to a question posed by Commissioner Glover, Mr. Holmes explained that the foregoing service road is a private interior road that is also used by the public. Ms. Flory explained • that it is possible to drive from Hospital Road, adjacent to the parking structure, to West Coast Highway. Ms. Kathleen Kyle, 280 Cagney Lane, appeared before the Planning Commission. Ms. Kyle stated that based on her experience as a nurse, she questioned the need for an expansion of the Emergency Room, and she stated that the proposed Emergency Care Center is beyond the size and needs for the City. She stated that the Hospital is not one of the three trauma centers in Orange County, and if a major disaster occurred, the patients would be transferred to one of the three trauma. centers. Ms. Kyle stated that an Urgent Care Center could accommodate some of the 38,000 patients that registered at the Emergency Room in 1990, and the Urgent Care Center could be built elsewhere on the Hospital campus. Ms. Kyle objected to the noise coming from the Hospital before 7:00 a.m. Dr. Mark Ezekiel, Villa Balboa, appeared before the Planning Commission. Dr. Ezekiel supported the proposed Emergency Room; however, he expressed his concern regarding the traffic from West Coast Highway on the service road. Dr. Ezekiel indicated that the service road is controlled after 7:00 p.m. or 9:00 p.m. with the exception of emergency equipment and delivery trucks, and he objected to the delivery trucks using the service -25- COMMISSIONERS October 24, 1991MINUTES r CITY OF NEWPORT BEACH ROLL CALL INDEX road. In response to a question posed by Commissioner Edwards, Dr. Ezeldel stated that the noise could be mitigated by closing the service road at night with the exception of the paramedics. Mr. Leon Nimburg, 260 Cagney Lane, appeared before the Planning Commission, and he concurred with the foregoing concerns expressed by the residents. He questioned the purpose of considering the proposed Emergency Room separately from the Master Plan. Mr. Nimburg stated that Hoag Memorial Hospital is a very successful business and the Hospital may consider advertising emergency services. He stated that 27 treatment rooms would not be large enough to accommodate the public in the event of a disaster, and the patients would be transferred to the trauma centers. In response to a question posed by Mr. Nimburg regarding the procedure that the applicant is required to follow to process the application, Mr. Douglas explained that the Planning Commission's action is the final action unless the City Council reviews the Use Permit, the approval by the State Department of Health is • required, and no action is required by the Coastal Commission because the Emergency Room is not in the Commission's Sphere of Influence. Mr. Douglas explained that it can take up to four months for an application to be processed by the Coastal Commission. Mr. Bill Huff, 260 Cagney Lane, appeared before the Planning Commission, and he concurred with the residents' foregoing testimony. He stated that a portion of his view was lost by the parking structure and the small tower, and he requested that the Planning Commission reconsider the original plan in 1979 which was to build away from the residential area. He said that the proposed cantilevered structure would be about 25 feet from his window, and he indicated that he would be affected by the proposed project. In response to a question posed by Commissioner Grass, Mr. F. W. Evins, Vice President of Hoag Memorial Hospital, appeared before the Planning Commission, and he pointed out that 260 Cagney Lane is directly across from the employee's cafeteria patio. Mr. Evins stated that the proposed Emergency Room is on the other • side of the two story radiology and laboratory building. Mr. Evins stated that Mr. Huff was referring to a critical care surgery facility -26- COMMISSIONERS October 24, 1991MINUTES CITY OF NEWPORT BEACH J I ROTECALL-1,11 till T INDEX that is included in the Master Plan. In response to concerns expressed by Mr. Huff regarding an increase in traffic, Commissioner Gross referred to Mr. Edmonton's foregoing letter stating that the impacts on traffic will be negligible. In response to a question posed by Commissioner Gross, Mr. Huff replied that an added condition preventing delivery trucks before 7:00 am. would not satisfy his concerns. Ms. Sheila Valenzuela, Villa Balboa and realtor, appeared before the Planning Commission. She stated the expansion of the emergency facility would have a negative impact on all of the residents residing in Villa Balboa and the Versailles complex inasmuch as the noise and traffic will increase. Ms. Valenzuela addressed the helicopter flights; the condominiums adjacent to the service road; and the negative economic impact by the properties overlooking any of the Hospital facilities. She suggested that the Emergency Room be moved to another area on the Hospital campus that does not affect residential properties. • Mr. Neil Rinella, Versailles resident and project architect for the proposed project, appeared before the Planning Commission in support of the expansion. He cited examples when the Hospital responded to the neighbors' concerns during construction of previous projects. Mr. Rinella stated that the President of the Board of Directors at Versailles expressed an opinion that the Versailles residents did not have a position inasmuch as they were not directly impacted by what was occurring at the Hospital. He stated that when he purchased his property he was aware that the Hospital was adjacent to his condominium, and the activities that occur at the Hospital are not out. of line with what he expected. Commissioner Glover stated that the residents will have to accept that noise comes with construction, and the City could never put enough mitigation on the project to eliminate the noise factor. Mrs. Ellen Wilcox, 2027 Deborah Lane, appeared before the Planning Commission in support of the project. She stated that all of the members of her family have used the Emergency Room, and she has met only residents of Newport Beach. when she has been at the facility. Mrs. Wilcox stated that the Hospital is a non -profit • organization, and there have been thousands of Newport Beach residents who have raised money for the expansion of the Hospital, including the proposed Emergency Room. Mrs. Wilcox described -27- COMMISSIONERS o'er I\N t� 'Ppf I, October 24, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 fill INDEX a personal experience she had on a week night when the Emergency Room was overcrowded. She also stated that after the City lifeguards rescue someone from the water, they use the Hospital's Emergency Room as a backup facility. In conclusion, Mrs. Wilcox stated that the Hospital was built before Versailles and Villa Balboa, it is a fact that the Hospital would expand as the community and population grew, and the adjacent residents should not stop the rest of the Newport Beach residents from having services that are needed. Mr. Bob Badham, 1327 Antigua Way, appeared before the Planning Commission in support of the proposed project. Mr. Badham stated that Hoag Memorial Hospital has been a part of the community since the 1950's, has grown with the community and the size and the stature of the community, and the quality of the health care is known throughout the area and beyond the borders of the State. He stated that health care costs have gone up dramatically, and health care cost containment is the subject of every economist that has to do with medical care throughout the Country. He said that Emergency Rooms are going to be more important inasmuch as they are being used for quick care, and to not expand to take care of the need that exists today, would be short - sighted. Mr. Badham stated that not all of the patients coming to the Emergency Room arrive by ambulance, and he supported the proposed mitigation measures. In response to a question posed by Commissioner Gross regarding non - emergency traffic, Mr. Badham stated that the Hospital would attempt to address any concerns that the residents may have regarding non - emergency traffic. Mr. Paul Nyquist, 1212 Cambridge Lane, appeared before the Planning Commission in support of the Emergency Room. Mr. Nyquist emphasized his objections to any further delay of the construction and implementation of the Emergency Room. Ms. Vicki Cleary, Emergency Services Coordinator at Hoag Memorial Hospital, appeared before the Planning Commission. She indicated that a percentage of the 38,000 visits to the Emergency Care Unit represent people who were in an emergency medical condition, and there are stringent State and Federal laws that prohibit Hospitals from transferring patients in emergency medical condition. Ms. Cleary stated that the Hospital is a bay -28- COMMISSIONERS October 24, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX station hospital that directs pre - hospital care for the residents of Newport Beach through the instructions that they give over paramedic radio to the Fire Department paramedics. She advised that the Hospital follows EMS regulations and the patients are transferred to the closest trauma center that is able to accept them. Hospitals are required to be prepared during a disaster, and Hoag Hospital has recently helped to design and implement a model system for hospitals throughout the State. In response to a question posed by Commissioner Gross regarding new technical equipment that is proposed, Ms. Cleary explained that the additional square footage would allow the Hospital to install more state of the art medical equipment. Mr. Stephens reappeared before the Planning Commission in response to previous testimony, and he stated that the proposed Emergency Room is not a traffic generator in respect to the current volume of deliveries. In reference to the Hospital being able to administer early morning deliveries, Mr. Stephens emphasized there • are dynamics taking place throughout this part of the State and this area that preclude that type of limitation inasmuch as traffic is more congested, trucks leave earlier in order to make deliveries in order to decrease costs and to become and remain competitive, and he concluded there may be a time when trucks of a certain size will be prohibited from being on the road other than at certain early times. Chairman Di Sano concurred with Mr. Stephens' testimony concerning truck traffic wherein he stated that the City of Los Angeles is currently studying the trucking industry during the working day, and trucks are being forced to deliver in the evening because of street congestion and the Air Quality Management District. In response to questions posed by Commissioner Edwards with respect to the service road and noise during construction, Mr. Stephens explained that a blockade has been installed between 11:00 p.m. and 7:00 a.m. that only allows emergency vehicles. He said that the traffic has been reduced on the service road because of the ability to leave the Hospital site from the parking structure to West Coast Highway. Mr. Stephens explained that he could not • assure the public that the service road could be closed off without having to put up a barricade that cannot be breached by any type -29- COMMISSIONERS October 24, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX of vehicle, including emergency vehicles. Mr. Stephens stated that the Hospital previously reacted to neighbors' concerns during construction when complaints were issued regarding construction noise. There being no others desiring to appear and be heard, the public hearing was closed at this time. Ms. Flory addressed previous testimony given during the public hearing. She referred to Finding No. 3, Use Permit No. 1421 (Amended) as the standard for approving the Use Permit and that the standard for approval of the Environmental Document is a determination that there is no substantial evidence the project will result in a significant environmental impact. She said that "dramatic evidence" is not really a standard for the Planning Commission's consideration. In reference to prior testimony concerning the Initial Study Document relative to obstruction of scenic vista or open view to the public, Ms. Flory stated that those • provisions under the Initial Study are considered public views. In reference to prior testimony concerning the impact on property values, Economic and Social Impacts are generally not studied as part of the Environmental Review process. Motion Motion was made to approve Traffic Study No. 79, Use Permit No. 1421 (Amended), and related Environmental Document subject to the findings, mitigation measures, and conditions in Exhibit W. Commissioner Edwards addressed the testimony during the public hearing, the intention that the Hospital would expand, and he commented that the condominiums in the area should never have been constructed. Commissioner Edwards pointed out that only the Emergency Room is being considered, and he would not consider this as an indication that the Master Plan would be adopted. Commissioner Debay supported the motion based on the need for the expanded Emergency Room She addressed the previous testimony, that she is a Registered Nurse and a former patient at the Hospital, and after visiting the existing Emergency Room she would conclude that it is a sub - standard facility. She expressed compassion for the impact incurred by the residents residing adjacent to the Hospital. She said that when property is purchased there are attached pros and cons, and, as a real estate agent, she is aware of how important it is to disclose to buyers what is -30- COMMISSIONERS October 24, 1991MINUTES 141 =CITY OF NEWPORT BEACH I ROT LLr I I INDEX intended for the area and it is unfortunate that some of the property owners did not know that the Hospital intended to expand their facility. Commissioner Debay said that the residents have had numerous meetings to discuss impacts and to try to come to some agreement with representatives of the Hospital. She pointed out that the Commission also has to. plan for the entire City and the region. Commissioner Debay stated that the best way would be if Hoag Memorial Hospital could buy out the condominiums adjacent to the service road for medical staff housing, and she expressed a desire that the residents would be able to work together to mitigate some of the impacts. Commissioner Glover supported the motion. She stated that the institutions in Newport Beach have made the City a wonderful place to live, and it would sadden her to think that the residents would restrict human beings' ability to get to a hospital for health care. There are things about our neighborhood that we do not like, and she referred to the traffic that is on her residential street day • and night, and the residents living under the airport traffic. Commissioner Gross supported the motion wherein he stated that he observed from a personal experience that the Emergency Room was crowded on a Sunday night at 11:00 p.m. He said that it would be a tragedy if someone died because the expansion of the Emergency Room was denied. The testimony in favor of the project far over - weighed the testimony in opposition to the project. He said that he was going to make a motion to restrict traffic from 12:00 midnight to 7:00 am. with respect to non - emergency traffic; however, he did not make the motion because it was pointed out that the Air Quality Management District is making determinations for the public. Chairman Di Sano supported the motion, and he addressed the public testimony. He based his support of the motion on previous statements made by the Commission, and a statement in the staff report wherein it states that Section 20.80.060 of the Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, • safety, peace, morals, comfort and general welfare 12f persons residing . or working in the neighborhood of such Proposed use or be detrimental or injurious to property and improvements in the -31- COMMISSIONERS October 24, 1991MINUTES \�'\N CITY OF NEWPORT BEACH ROLL CALL INDEX neighborhood or the general welfare of the City. He said that the Planning Commission attempts to mitigate as much as possible; however, there is an obligation to provide emergency service to the residents and to the tourists visiting the City. * * * * * Motion was voted on to approve Traffic Study No. 79, Use Permit Ayes Absent * * No. 1421 (Amended), and Related Environmental Document. MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings and requiring the following mitigation measures: Findings: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or . as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. • -32- COMMISSIONERS 11 1 I�e \ October 24, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Mitigation Measures: 1. Prior to the completion of the final design phase, the project sponsor shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed to the most recent seismic standards as specified by the Office of Statewide Health Planning and Development. 2. The City of Newport Beach shall send a letter to each emergency vehicle company that delivers patients to Hoag Hospital requesting that, upon entrance to either the Upper or Lower Campus, emergency vehicles turn off their sirens to help minimize noise impacts to adjacent residents. Hoag Hospital will provide the City with a list of all emergency vehicle companies that deliver patients to Hoag Hospital. 3. Prior to issuance of any building permit (or commencement of construction if no City building permit is required) the . applicant shall demonstrate to the Planning Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, this requirement has been met. B. Traffic Study No. 79: Approve the Traffic Study, making the findings listed below: Fin in 1. That an evaluation of the project related traffic has been conducted by the City Traffic Engineer which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -1. 2. That the City Traffic Engineer indicates that the project- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. -33- COMMISSIONERS dh \0 October 24, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL I INDEX C. Use Permit No. 1421 (Amended): Approve the Use Permit with the following findings and subject to the following conditions: Findings: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding uses. 2. That adequate parking will be provided to serve the expanded emergency care facilities. 3. That the approval of this amendment to Use Permit No. 1421 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. ADJOURNMENT: 11:00 p.m. Adjourn :•s NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -34-