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HomeMy WebLinkAbout11/05/1987COMMISSIONERS i 'ZA �^q t "d B A 9 GPy� sQy�!! �Q 9l - REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: November 5, 1987 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX Present x x x x x x x All Commissioners were present. Commissioner Pomeroy arrived at 8:45 p.m. EX- OFFICIO OFFICERS PRESENT: James D. Hewicker, Planning Director - Carol Korade, Assistant City Attorney w x t William R. Laycock, Current Planning Manager Patricia Temple, Principal Planner Sandra L. Genis, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of October 22, 1987: Minutes of 401on 10 -22 -87 x Motion was made and voted on to approve the October 22, Ayes x x x x x 1987, Planning Commission Minutes. MOTION CARRIED. Abstain x Absent x * ' Public Comments: Public - - . Comments No persons came forth to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on October 30, 1987, in front of City Hall. * x x COMMISSIONERS G�ymo �i 511VIAO!�� CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX Resubdivision No. 854 (Public Hearing) Item No.l Request to resubdivide five existing lots into a single R854 parcel of land, thereby eliminating interior lot lines, to create a single building site so as to allow the Approved structural alterations of the existing parking structure on property located in the.R -3 District. LOCATION: Lots 2, 3, 4, 5 and 6, Block 3, East Newport, located at 501 West Bay Avenue, on the northwesterly corner of West Bay Avenue and island Avenue, on the Balboa Peninsula. ZONE: R -3 APPLICANT: Bay Island Club, Newport Beach OWNER: Same as applicant ENGINEER: Same as applicant - The public hearing was opened in connection with this item, and Mr. Doug Fletcher, 12 Bay Island, appeared before the Planning Commission. Mr. Fletcher stated that he concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve Resubdivision No.- 654` Motion x subject to the findings and conditions in Exhibit "A ". Ayes x x x x x x Motion voted on, MOTION CARRIED. - - - - Absent x FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied • with the plan of subdivision. -2- COMMISSIONERS 'y CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX 3. That the design of the proposed subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. CONDITIONS: 1. That a parcel map be recorded prior to final inspection of the new construction. 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 record a parcel map or obtain a building permit prior to completion of the . improvements. • 4. That a new curb return with an 8 foot radius return be constructed and an access ramp be constructed at the intersection of West Bay Avenue _ and Island Avenue and the displaced portion of sidewalk be reconstructed along the Island Avenue frontage under an encroachment permit issued by the Public Works Department. 5. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • • w -3- COMMISSIONERS y t�00 AN m. yG y�pyy, A�,9y yX CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX Exception Permit No. 30 (Discussion) Item No.2 Request to permit the installation of a variety of wall EP30 and projecting signs which exceed the allowable number of such signs in conjunction with the proposed develop- Approved ment known as Edgewater Place. LOCATION: Lots 1, 2, 3, 7, 8, 9, 10, 11, 12, a portion of Lot 4, an unnumbered lot, and a portion of a vacated public alley all in Block 3 of the Balboa Bayside Tract; Lots 22 and 23, Block A of the Bayside Tract; and a portion of vacated Edgewater Place, located at 309 Palm Street, on the northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: John Howenstine, Inc., Costa Mesa _- OWNER: Balboa Landing Partnership, Los Angeles The discussion was opened in connection with this item, and because no one appeared to testify regarding the subject item, the discussion was closed at this time. Motion x Motion was made and voted on to approve Exception Ayes x x x x x x Permit No. 30 subject to the findings and conditions in Absent x Exhibit "A ". MOTION CARRIED. FINDINGS: - - 1. That the proposed signs will be compatible with surrounding land uses. 2. That the proposed signs will not have any signifi -. cant environmental impact. 3. That the proposed signs maintain a unified design which is compatible with the architecture of the building and will serve to enhance the overall appearance of the proposed project. • -4- COMMISSIONERS dG�� �09yi F9Z �' CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX 4. That the proposed sign program, as approved, represents a reasonable request considering the size of the proposed project and the number of businesses. 5. That the total square footage of signs is well below the maximum permitted. 6. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neigh- borhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS - 1. That the proposed sign program shall be in sub - stantial conformance with the approved sign plans and that signs shall conform to the number and size shown on the plans. 2. That the proposed window signs shall not be used to advertise any brand name or product sold on the premises. 3. That all projecting signs shall maintain the clearances required under Section 20.06.070 B of the Municipal Code. k k k Use Permit No. 3299 (Public Hearing) Item No.3 Request to permit the establishment of a yacht sales. UP3299 facility which includes the outdoor display of new and used yachts in the C -1 -H District. - .Approved LOCATION: Lots 61, 62 and 63, Tract No. 1210, . located at 1700 West Coast Highway, on the northerly side of West Coast High- way, across from the Balboa Bay Club. • ZONE: C -1 -H - -5- COMMISSIONERS MINUTES November 5, 1987 qy CITY OF NEWPORT BEACH ROL CALL INDEX APPLICANT: Spoiler Yachts West, Inc., Newport Beach OWNER: William Ray, Newport Beach William Laycock, Current Planning Manager, referred to Condition No. 4, Exhibit "A ", and stated that the condition should be corrected to read "That the entrance aisle on the easterly side of the building shall maintain a minimum width of 25 feet." The public hearing was opened in connection with this item, and Mr. Dale Anderson, applicant, appeared before the Planning Commission. Mr. Anderson stated that he concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 15 which states that "No washing of yachts shall be permitted on -site, unless the wash area is enclosed, and the drain is connected to the sewer system." Mr. Anderson explained that the very large boats only require washing with mild soap periodically so as to rinse off the outdoor elements. Mr. Laycock responded that Condition No. 15 • is similar to the condition that is applicable to automobile sales or leasing facilities. Commissioner Debay commented that the concern is that the rinse water would be going directly into the bay as opposed to the sewer system. In comparison with automobiles, Chairman Person explained that because automobiles have been driven on the streets that they have more oil residue than boats. Discussion ensued between the Planning Commission and the applicant, and Mr. Anderson concluded that the intent is to only rinse the boats off, and that there is a nozzle on the end of the hose so as to prevent the water from running constantly. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3299 subject Ayes x x x x x x to the findings and conditions in Exhibit "A" including Absent x aforementioned corrected Condition No. 4 and to delete Condition No. 15. Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. -6- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES. November 5, 1987 ROLLCALL I J I J i l l I I INDEX • 2 The project will not have a significant l environmental impact. 3. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed project as conditioned. 4. 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 the property within the proposed development. 5. The approval of Use Permit No. 3299 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 operation of the proposed yacht.sales facility shall be in substantial conformance. with, the approved site plan, except as noted below. . 2. That the site shall be landscaped in accordance.. with a plan to be approved by the Public Works Department, Parks, Beaches and.. Recreation -- Department; `and the Planning. Department. -Said, - plan shall, retain .all, of the existing landscape planters along the front of the property, but the existing triangularly shaped landscape planters adjacent to the side, property lines shall -be removed. 3. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly.trimmed.and kept in a healthy condition.; 4. That the entrance aisle on..the easterly side., of the building shall maintain a minimum width of - -25 feet.. 5. 'Boat displays -shall' not encroach into required parking or aisleway areas. 6. That all. improvements be constructed as required by Ordinance and the Public Works.Department. -7- COMMISSIONERS u 0 MINUTES November 5, 1987 CITY OF NEWPORT BEACH 7. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. 8. That the intersection of the West Coast Highway and drives shall be designed to provide sight distance for a speed of 45 miles per hour. Yacht displays, landscaping, fencing and other obstructions shall be considered in sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. 9. That the applicant dedicate, prior to occupancy; his leasehold interest in a 12 foot wide parcel' adjacent to West Coast Highway for street and highway purposes. 10. That all mechanical equipment and trash areas shall be screened from adjoining properties and. from West Coast Highway. 11. That the existing illumination of the parking and outdoor display areas shall be maintained in such a manner as to eliminate direct light and glare on adjoining properties and on West Coast Highway., A timing device shall turn off any lights facing towards the bluff at the rear of the site at 10:00 -` p.m. every night. 12. That all.. signs shall, meet. the requirements of Chapter 20.06 of the Municipal Code. 13. That the subject lots be held in common during - the - life of the applicant's lease and that severance of the lots shall constitute termination of 'this Use Permit. 14. That the approval of this application is for.yacht sales only. No servicing or major repairs of yachts shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. - 15. ' Deleted. 16. That .a minimum of seven (7) parking spaces shall be provided on- site` for the customers Nand employees of the proposed yacht sales.facility and further that all employees shall park on- site _g_ INDEX COMMISSIONERS ?6 9 �G9 9�y99f f Oyk CITY OF NEWPORT BEACH ti MINUTES November 5, 1987 RoMICALL INDEX 17. That the required 'number of handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. One handicapped sign on a post, shall be required for each handicapped parking space. 18. 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 use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 19. This use permit shall expire unless exercised within twenty -four months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. x x : Use Permit No. 3291 (Continued Public Hearing) Item No.4 Request to establish a restaurant with on -sale beer and UP3291 wine, and live entertainment on property located in the C -1 District. The proposal also includes a request to Approved waive a portion of the required off - street parking spaces for the restaurant facility. LOCATION- Lots 1, 2, and 3, Block 9, Tract No. 27, and an abandoned portion on Newport Boulevard, located at 485 North Newport Boulevard, on the westerly side of North Newport Boulevard, between Orange Avenue and Bolsa.Avenue, adjacent to Newport Heights. ZONE: . C -1 - - - - APPLICANT: Sid Soffer, Costa Mesa - -- - - OWNER: Same as applicant • Commissioner.Koppelman stated that because she was absent from the September 24, 1987,. and - October 22, _ 1987, Planning Commission meetings, she has read the -9- COMMISSIONERS - 9y CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX staff reports, listened to the tape recordings, and read the minutes that are applicable to the subject application. Mr. Sid Soffer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. Chairman Person asked the applicant if he concurred with the findings and conditions contained in Exhibits "A ", "B ", and "C ". Mr. Soffer responded that he concurred with most of the findings and conditions although he had concerns regarding a few conditions in Exhibits "A ", "B ", and "C ", that were identical but were numbered differently. He made the following comments regarding said conditions in Exhibit "A" although his remarks would be applicable to the same conditions in Exhibits "B" and nci,: Condition No. 8 regarding installation of a trash compactor: he said that he would like to see what type of trash will be generated, that he has Dewey Dumpster daily pickup, and that the small restaurant will not • produce so much trash that the Dewey Dumpster would be overflowing. Condition No. 9 regarding the installation of grease interceptors: he said that he does not expect that much grease will go down the drain, that normally the plates are.scraped off into the trash, and that he does not use a garbage disposal. Condition No. 10 regarding kitchen exhaust fans: he said that he would be hesitant to agree to a condition' that states "to the satisfaction of the Building Department or staff "; however, he would agree if the . condition would state that it will not be unreasonable. . and that it would be agreeable to the law. Condition No. 11 regarding no off -sale beer and wine: he said that he has a license for catering which the. law provides that he can sell beer and wine to go. Condition No. 13 regarding no amplified music or dancing: he said that he would agree to no dancing; however, he said that the request for no amplified . music is vague. Condition No. 14 regarding handicapped parking: he • said that he would agree if the condition would state "in a manner acceptable by law." _10- COMMISSIONERS d 99.09 9y CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX Condition No. 15 regarding the parking area southerly of the restaurant facility: he said that he would agree if the condition would be amended to state "...and shall meet the approval of the City Traffic Engineer, not to be unreasonably withheld." Condition No. 18 regarding the recording of a parcel map or lot line adjustment: he said that he would agree to a condition that would state that a parcel map shall be recorded prior to final inspection of the new construction, or prior to occupancy or final inspection. In reference to $5;000.00 for improvements, Mr. Soffer explained that he could not predict the total amount for improvements until he applied for the building permit. He pointed out that $5,000.00 is allowed for improvements each year, and that this is the end of 1987, and that 1988 will be here in two months. Condition No. 20 regarding public improvements: he said that he is not aware of what public improvements • are necessary at this time, and that he would prefer not to concur with improvements that have not been explained to him by staff. Condition No. 22 regarding landscaping: he said that he has not been informed of landscape requirements; however, he would not be opposed to a reasonable amount of landscaping. Condition No. 23 regarding construction of curb, gutter, and sidewalk: he said that he would comply` with the condition when the block along the westerly side of North Newport Boulevard has attained 50 percent curb, gutter, and sidewalk. Condition No. 24 regarding street, drainage and utility improvements: he said that he is not aware that any are required. Condition No. 26 regarding the waiver of restaurant development standards that does not include required . public improvements: he said that he cannot concur with public improvements that he was not informed of by staff. In response to questions posed by Commissioner • Koppelman, Mr. Soffer replied that the catering business would employ and would consist of the four restaurant partners; that he had considered the catering,business if the restaurant occupancy would be -11- COMMISSIONERS MINUTES November 5, 1987 CITY OF NEWPORT BEACH reduced considerably; the catering, would not require a catering vehicle or additional parking and would not make the use more intense; he has obtained a catering license which only requires a Health Permit; that the preparation for the catering could be done at any time within the restaurant or one of the four employees would take the ingredients for catering to the destination for preparation; that the "net public area" as determined by staff could accommodate 24 customers; that the sushi bar will be adjacent to the "net public area "; and that the two vehicles that are currently parked on -site are owned by him but they will be removed when the restaurant is opened. Commissioner Di Sano referred to Condition No. 29 that was added to Exhibit "C" by staff and submitted to the Planning Commission prior to the public hearing, which states that the Planning Commission may add to or modify conditions of approval or recommend to the City Council the revocation of the use permit if it would be determined that the operation is detrimental to the community, and that if problems should arise due to off - street parking, the Planning Commission may impose additional conditions such as a reduction in the permitted "net public area" of the facility or provision of additional off- street parking in a manner acceptable to the City. Mr. Soffer responded that he concurred with the recommended condition. Mr. Soffer suggested that if at any time it is ascertained that there is a parking problem that he would reduce the "net public area" and /or provide additional parking. In reference to Exhibit "A" for approval for a 'net public area" of 320 square feet, or Exhibit "B" for approval for a "net public area" of 200 square feet,. Mr. Soffer pointed out that because both exhibits provide for longer hours and reduce the "net public . area ", that the applicant be allowed to open for dinner with 520 square feet of "net public area" as proposed in Exhibit "C ", but be permitted to open for lunch with a reduced "net public area" of 200 or 320 square feet. He said that he would be willing to open the restaurant only at night at first to show the City that there will not be a parking problem. Mr. Soffer reasoned that:th,e Planning Commission could require an increase :in the number of parking .spaces or the reduction. in "net public area" at.a later date if problems occur. He said that he .advised staff that the storage building could be relocated at the rear of the property or torn downi . in which case he could create additional parking on his property.' -12- INDEX COMMISSIONERS y�G 9N ,p9q� 9 CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX In response to questions posed by Chairman Person; Mr. Soffer replied that he would not be willing to remove the storage building at this time as a condition of approval and he would not agree to remove the storage building if one of the customers parked his or her vehicle off -site because there would be no available on -site parking. Mr. Soffer explained that he has advised staff and an adjacent neighbor that if at anytime there is an automobile that belongs to a customer in the restaurant that is parked in front of the adjacent property, that.the customer would be asked to leave the restaurant to park the vehicle elsewhere. In response to a question posed by Commissioner Koppelman regarding the use for the storage building, Mr. Soffer replied that as long as the condition states that he will not have to construct curb, gutter, and sidewalk at this time that he would be using the storage building for the restaurant, and that at no time would the storage building require additional parking or encumber the restaurant. . In reference to Condition No. 13 regarding the amplified music, Commissioner Debay referred to the concerns expressed by neighbors regarding the music emanating from the restaurant. Mr. Soffer replied that because of the size of the restaurant, he would not allow entertainment with microphones. Mr. Soffer agreed that the sound be contained by the building and at no time should the sound go outside of the building. Mr. Soffer asked staff to define "the abandoned portion' on Newport Boulevard" of his property as stated in the staff report. Don Webb, City Engineer, replied that the reference is the 20 foot strip at the rear of the property. There being no others desiring to appear and be heard, the public hearing was closed at this time. Chairman Person requested that staff respond to the following conditions in Exhibit "A ": Condition No. 18 regarding the recordation of a parcel map or lot line adjustment: Mr. Webb replied that the Building Department requires that the parcel map be processed before a building permit is issued; however, he said that the Building Department has previously waived the requirement. James Hewicker, Planning. -13- COMMISSIONERS FQ0 w�Mm m '99,09 r CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX Director, explained that the condition has been required on similar applications where there is an existing building built over property lines, because the Building Code does not allow openings over property lines. Mr. Hewicker advised that the recordation of the parcel map could take several months to process. Mr. Hewicker suggested that if the Planning Commission would permit the building permit to be issued prior to the time that the applicant has recorded the required document, that the Planning Commission modify the condition, and he recommended that the applicant file for the parcel map or lot line adjustment prior to the time that the building permit was issued to show good faith. Condition No. 20 regarding a use permit agreement and surety: Mr. Webb commented that the condition could be deleted if Condition No. 23 regarding the applicant's 50 percent commitment to the assessment district procedures would not be modified. • Condition No. 22 regarding landscaping: Mr. Laycock commented that the Municipal Code requires 10 percent landscaping of the entire site, however, he pointed out that the landscape requirement would be difficult in this case because of the existing development on the property, and he suggested that the applicant submit a landscape plan to the City for approval. Condition No. 24 regarding street, drainage and utility improvements: Mr. Webb replied that inasmuch as the applicant will not be making any improvements he would` not be required to submit any plans; however, he commented that the applicant would be required to contribute his share of the preparation of the plans, when the Assessment District is enacted. Motion x Motion was made to approve Use Permit No. 3291 for approval for "net public area" of 520 square feet, subject to the findings and conditions in Exhibit "C" with the following amendments: Condition No. 10: "That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department, and the said approval shall not be unreasonably withheld." -14- COMMISSIONERS MINUTES November b, 1987 CITY OF NEWPORT BEACH INDEX Condition No. 13: "That there shall be no amplified live entertainment or dancing unless the Planning Commission approves an amendment to this Use Permit. Recorded amplified music may be permitted if contained within the building." Commissioner Koppelman explained that if there is live entertainment that it not be amplified, however, if the restaurant has a desire to play background music on tape or radio that the sound be contained within the building. Commissioner Koppelman commented that no dancing shall be permitted unless the applicant requested an amendment to the use permit. Condition No. 19: "That a parcel map or lot line adjustment shall be submitted to the Planning Department prior to the issuance of a building permit, and that said document shall be recorded prior to final inspection of the restaurant facility." I I I I I Condition No. 21 regarding public improvements prior to • obtaining a building permit: Delete. Condition No. 29: "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 use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. In the event that problems should arise due to inadequate off- street parking, the Planning Commission may impose additional conditions such as a reduction in the permitted "net public area" of the facility or provision of additional off - street parking in a manner acceptable to the City." Chairman Person asked the maker of the motion to add to Condition No. 26: "...at the time an Assessment District is formed." The maker of the motion concurred with the requested amendment. In response to questions posed by Commissioner Debay regarding Condition No. 8, the trash compactor, and Condition No. 9, the grease interceptor, the maker of the motion explained that the conditions shall remain as recommended because if the restaurant is sold the • requirements would remain with the new restaurant. In addition, Condition No. 9 .could be waived by the Building Department. -15- COMMISSIONERS CALL MINUTES November 5, 1987 CITY OF NEWPORT BEACH INDEX In response to a question posed by Commissioner Di Sano regarding Condition No. 23, the installation of landscaping, the maker of the motion explained that the requirement shall be approved by the Planning Department which will enable the applicant to work with a landscape plan. Commissioner Merrill stated that he would oppose the motion because of the following concerns: the restaurant has inadequate parking facilities, intensification of use, the inability to control the business hours of the tenants on the property, and the proposed catering business. Commissioner Winburn stated that she would support the motion because the restaurant would only be open in the evenings and there would be adequate parking whereas there is insufficient parking during the daytime. Ayes JxJ JxJ JxJxJxI Motion was voted on to approve Use Permit No. 3291 for approval for "net public area" of 520 square feet �nt x x subject to the findings and conditions in Exhibit "C ", with the exception of the aforementioned .amended Conditions No. 10, 13, 19, 21, 26, and 29. MOTION CARRIED. FINDINGS 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. . The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as . they pertain to walls, a portion of the required landscaping, utilities, parking lot illumination . and a portion of the required parking, will not.be detrimental to adjoining properties. 4. That the proposed development will lead to the upgrading of the existing rundown site. 5. 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. -16- COMMISSIONERS ''yA 0ON�"m G� mo9C��91- 4 �y f A'vy CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX 6. That five spaces northerly of the building will be available for parking while the restaurant is open inasmuch as the other businesses will be closed at such times. 7. The approval of Use Permit No. 3291, under the circumstances of this case, will not be detri- mental 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, inasmuch as adequate condition of approval are hereby adopted and, further, the Planning Commis- sion will have the ability to add to or modify said conditions as necessary to eliminate detri- mental effects. CONDITIONS - - 1. That development shall be in substantial confor- • mance with the approved plot plan and floor plan except as provided in the following conditions. 2. That the "net public area" of the facility shall not exceed 520 square feet. -_ 3. That all employees shall be required to park on -site. 4. That the restaurant shall be open only between the hours of 6:00 p.m. and 2:00 a.m. daily. 5. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 6. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Depart- ment. 7. That all trash areas and mechanical equipment shall be screened. 8. That a trash compactor shall be installed in the • restaurant facility. -17- COMMISSIONERS '� A Si F �• aip y F�aA'a� m�yyyyNay�C` �o 9y . MINUTES November 5, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX 9. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Depart- ment. 10. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department, and that said approval shall not unreasonably be withheld. 11. That no off -sale beer and wine shall be permitted in conjunction with the subject restaurant. 12. That the on -sale service of beer and wine shall be incidental to the primary food service operation of the restaurant. 13. That there shall be no amplified, live entertainment or dancing unless the Planning Commission approves an amendment to this Use Permit. Recorded amplified music may be permitted if contained within the building. 14. That other businesses on the property shall close at 6:00 p.m. Said condition shall remain in effect so long as the restaurant continues to operate on the site or until other arrangements are made for restaurant parking. 15. That handicapped parking shall be provided as required by Code, and that the required number of handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City . Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. A. handicapped sign on a post shall be required for each handicapped parking space. 16. That the parking area immediately adjacent to the restaurant on the north (i.e. Spaces 4 through 9) shall be restriped to provide five (5) parking spaces which conform to City standards, and that the three parking spaces between the restaurant and storage area (i.e. spaces 1 through 3x) shall also be striped. Said striping shall be at least 4 inches in width and shall meet the approval of the.City Traffic Engineer. - - -18- COMMISSIONERS ymG �9N�90 o'O 9y � lr sr'$V!Ip� . MINUTES November 5, 1987 CITY OF NEWPORT BEACH ROL CALL INDEX 17. That no outdoor storage shall be permitted on the restaurant or related storage site and that the site shall be kept neat and clean at all times. 18. That the storage building shall not be used for any purpose other than storage for the subject restaurant facility. 19. That a parcel map or lot line adjustment shall be submitted to the Planning Department prior to the issuance of a building permit, and that said document shall be recorded prior to .final inspection of the restaurant facility. 20. That all improvements be constructed as required by ordinance and the Public Works Department. 21. Deleted. 22. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to • further review by the Traffic Engineer. 23. That landscaping shall be installed and maintained on unpaved portions on site, and that landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department, and the Planning Depart- ment. 24. That the applicant agrees not to oppose assessment district procedures for the construction of curb, gutter, and sidewalk along his full frontage at the time at least 50% of the block along the westerly side of Old Newport Boulevard has side- walk, curb and gutter completed or commitments made to complete the improvements. 25. That the applicant provide lighting along the frontage of his property sufficient to illuminate the walkway area used by the restaurant patrons to proceed from their cars to the front entrance of . the restaurant and return. 26. That street, drainage and utility improvements be shown on standard improvements plans prepared by a licensed civil engineer at the time an Assessment District is formed. -19- COMMISSIONERS MINUTES y'�&� November 5, 1987 �G�y 9NO9���90� � ` �9s CITY OF NEWPORT BEACH ROL CALL INDEX 27. That the restaurant development standards pertain- ing to walls, a portion of the required landscap- ing, utilities, parking lot illumination and a portion of the required parking spaces shall be waived. Said waiver does not include required public improvements. 28. That the existing outdoor deck shall not be used for dining or drinking purposes unless an amend- ment to this use permit is approved by the Plan- ning Commission. 29. 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 use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. In the event that problems should arise due to inadequate off - street parking, • the Planning Commission may impose additional conditions such as a reduction in the permitted "net public area" of the facility or provision of additional off - street parking in a manner acceptable to the City. 30. 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. * * * The Planning Commission recessed at 8:35 p.m. and reconvened at 8:45 p.m. • -20- COMMISSIONERS MINUTES y10 November 5, 1987 �y �0 CITY OF NEWPORT BEACH 9y ROL CALL INDEX A. Traffic Study (Public Hearing) Item No.5 • r: Request to approve a traffic study in conjunction with a 65,000 square foot cancer center on property located in the Unclassified District. AND B. Use Permit No. 1421 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the construction of the Hoag Memorial Hospi- tal on property located in the A -P -H District. . The proposed amendment involves a request to construct a 65,000 square foot cancer center on a portion of the hospital property located in the Unclassified District. The proposal also includes: a request to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District; a request to establish an off - street parking requirement based on a demonstrated formula; a modification to the Zoning Code so as to allow a portion of the required parking to be provided as compact spaces; and the acceptance of an environ- mental document. LOCATION: - A portion of Lot 1 of Irvine's Sub- - division located at 4000 West Coast Highway, on the northwesterly corner of Newport Boulevard and West Coast High- way. ZONE: Unclassified APPLICANT: Hoag Memorial Hospital Presbyterian, Newport Beach OWNER: Same as applicant Patricia Temple, Principal Planner, referred to the staff report and corrected the following statements or conditions: Page 3 - "The proposed project will use approximately 5 percent of the site ", she explained that if the parking areas were included, the project would occupy about 20 percent of the site; Page 7 - "The approval of this use permit will not preclude future opportunities for this public view park.... "; Page 14 - Condition No. 16(d) - "..all footing excavations shall be inspected by the soil engineer subsequent to excavation. "; handwritten Page -21- TS UP1421A (81166) Approved COMMISSIONERS N< o CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX 29 - "..all footing excavations shall be inspected by the soil engineer subsequent to excavation. "; handwritten Page 48 - "Finding No. 1 - "The No- Project Alternative would not accomplish the objectives of the project... "; Finding No. 2 - "The No- Project Alternative would not accomplish the objectives the City of Newport Beach General Plan,.. "; handwritten Page 51 - first paragraph - The City of Newport Beach has determined that the unavoidable risks of this project are acceptable and are clearly outweighed by specific social, economic and other benefits, giving greater weight to the unavoidable environmental risks. "; No. 4 - "..and the San Joaquin Hills Transportation Corridor Fee Program should be deleted because the project is not in the area benefited by the Corridor. Ms. Temple addressed private view vs. public view preservation. She explained that in State Planning Law it is not possible to totally preclude the use of a private piece of property fully for the benefit of . another private property if there is legal zoning on the site. She commented that when a public view is affected, then there are appropriate findings that can be made to limit or preclude use for public benefit although this usually involves the public entity compensating the property owner in some way. In reviewing development projects, commercial and residential, the City has historically addressed the issue of public and private view preservation. When private views are affected by a project, the City has attempted to look at the projects to minimize or limit view obstruction. Many conditions have required the preservation of sight lines to blue water. In this project and as indicated in the EIR, the project is defined to have a minimal affect on private views, . nominal affect on the public view from the future public walkway/bikeway easement. When looking at the intrusion of the structure into the view shed from the public viewing area, the intrusion is small and only from particular locations along the bikeway /walkway easement, and in no way affects the totality or the quality of the view space. In reference to this project setting a precedent for the development of the rest of the site, the approval of the use .permit does not in any way set a precedent • for future development of a similar nature on the same site. The use permit is governed individually -22- COMMISSIONERS A ; y FF0 ,aN�m Oita$ CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX and each on their own merits. in this case, particularly as it addresses the height limit, the most important item within the City's policy which may be used to guide future development, is that the site is within the 26/35 Foot Height Limitation Zone and the project has conformed with the provisions of that height limit. Ms. Temple stated that staff has reviewed the recommendations with the applicant and they have discussed the two additional conditions as follows: No. 74. That all required construction fences shall be of open chain link and shall be removed prior to the issuance of the occupancy permit. No. 75. Prior to the issuance of building or grading permits, Hoag Hospital shall submit a letter; the form and content of which is acceptable to the. City Attorney and the Planning • Department agreeing that no additional permanent buildings shall be permitted on the CalTrans East site prior to the submittal, review and approval of a Planned Community Development Plan, and District Regulations for the Master Plan of Hoag Hospital. Ms. Temple concluded her presentation by stating that the City has received a notice from the State Office of Planning and Research regarding the State Circulation and Review of the Environmental Impact Report, and the State Clearing House received no comments from any State Agency. The public hearing was opened in connection with this . item, and Mr. Michael Stephens, President of Hoag Memorial Hospital, Presbyterian, summarized the 64,500 square foot three level facility. He indicated that $19,600,000.00 has been raised through community support, and that the start of construction would be in February, 1988, subject to receiving appropriate approvals. Mr. Stephens explained the increase of square footage to the project resulted from: code requirements, increased space for corridors, public areas and out -reach services, the parking has been increased from 84 to 136 parking spaces, the placement • of the building has been changed and modified to bring the facility closer to the hospital, the walkway has -23- COMMISSIONERS MINUTES Z0�m�M� November 5, 1987 AG 9N 99'1 9 qx r qy CITY OF NEWPORT BEACH ROL CALL INDEX been changed so that the connector road now runs along the bluff to reduce the height of the connector road, and he described the realignment of the hospital service road. Mr. Stephens explained the need for the proposed cancer center and he described the services that are currently existing at Hoag Hospital. Mr. Stephens advised that the objective of the cancer center is to provide adequate space for radiation therapy, to anticipate future needs, to provide a single location where all chemotherapy treatments can be consolidated, to provide easily accessible parking for patients, to provide a connector road to the hospital so that in- patients requiring radiation therapy would. also be able to be treated in the facility, and to provide space for community education. He stated that the alternatives would be to do nothing, or if the cancer center would be relocated to another site that would require greater time and greater expense, and they would not have the ability to provide the accessibility to out - patients. In response to the public, Mr. Stephens stated that the project has been modified so that the roof will remain free of any equipment and will be landscaped with a terrace garden appearance without blocking any views, the structure has been placed further into the bluff so that it will cut down on the roof area that would be within the view area, restricted traffic on the upper road to physician and employee parking only, relocated the connecting road closer to the slope and lowered the height, and they completed the full EIR for the project. Mr. Stephens stated that the applicant concurs with the findings and conditions in Exhibit "A ", including aforementioned Conditions No. 74 and 75. In response to a question posed by Commissioner Debay regarding the cancer facility at St. Joseph Hospital, Mr. Stephens explained that the distance between St. Joseph Hospital and Hoag Hospital prohibits the two facilities from being competitive, that St. Joseph Hospital would not be able to accommodate the volume of patients from this area, and that the distance between: the hospitals would be inconvenient and a hardship on patients from this area. -24- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 5, 1987 INDEX Ms. Steinbrecher, a resident of the Versaille adjacent to Hoag Hospital, appeared before the Planning Commission in support of "quality of life" for the adjacent residents. Ms. Steinbrecher described how the service areas of the hospital disturb the neighbors, and she indicated that the hospital expansions have been approved by the City after the adjacent residential projects have been approved and constructed. Mrs. Clara Laidlaw, 240 Nice Lane, Villa Balboa, appeared before the Planning Commission. Mrs. Laidlaw stated the following concerns: that a traffic study be conducted for the intersections of Hospital Road and the service road and the Versaille Gate, and she requested a condition that a security gate be provided so that the service road is restricted to only physicians and personnel; that the Costa Mesa Freeway has not been addressed; a condition that would protect the neighbors who reside adjacent to the service road • who will be responsible for the installation of the traffic signals; the additional traffic that will be created by the residents of the Villa Balboa residences that are currently under constructed; the pending legislation regarding methane gas; and the further expansion of Hoag Hospital. Mr. Steven Osterman, 4425 West Coast Highway, appeared before the Planning Commission as President of the Newport Beach Townhomes Association, which include 28 townhomes westerly of Balboa Coves in West Newport Beach. Mr. Osterman's principal concern was that the EIR does not thoroughly address the gas seepage problem in the area, and what impact the construction of the cancer center will have on the residences that are within 1000 feet of the proposed project. He explained the types of gas in the area, that the residents at 4415, 4421, and 4423 West Coast Highway have gas intrusions, and that the gas has caused health problems to the homeowners and tenants; that a geological study be implemented to determine the location of the gas, and that the study needs to be completed prior to any further construction in the area; that the residents will lobby.the City requesting the system that the City installed in the Balboa Coves area which has produced positive results; and that the City should not risk. • endangering residents by approving projects that may unknowingly cause an exaggeration of an existing problem. -25- COMMISSIONERS 9y CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX In response to a question posed by Commissioner Debay, Mr. Osterman replied that the residents have expended money to address their concerns, and that the City has not participated in their plight as the City did in Balboa Coves. He explained that they have contacted the City, but nothing has been accomplished. In response to a question posed by Chairman Person, Mr. Osterman replied that he has read the conditions in Exhibit "A" that pertain to the methane gas, but that they fell short of the problem in the area. Mr. Jeffrey Mesnick, 220 Nice Lane, Villa Balboa, appeared before the Planning Commission to oppose the project because the density and traffic would be too great; the volatility of the gas is too enormous; and that he approves of the cancer center but that the facility should be moved to another location. In response to a question posed by Chairman Person, Mr. Mesnick replied that he had read the staff report but that he did not agree with the conclusions. Mr. Paul Butler, 280 Cagney Lane, #110, Villa Balboa, appeared before the Planning Commission. Mr. Butler referred to his letter dated October 26, 1987, wherein he addressed geological factors, poison gas, and the earthquake fault. Mr. Butler opposed the EIR and responded as follows: that St. Joseph Hospital has enlarged their cancer center that would provide cancer treatment for patients from this area; that the construction of the cancer center would disrupt the services of the hospital if the cancer center would be constructed on the hospital campus, and he questioned why there were not concerns for the residents of the adjoining areas during the construction of the proposed facility; and the fire storms created by the gas in the area because of the earthquake fault. Mrs. Miriam Shapiro, 4423 West Coast Highway, appeared before the Planning Commission as one of the aforementioned residents in the Newport Townhomes that has been affected by the methane gas. Mrs. Shapiro addressed the need for further geologic study that would determine the.location of the gas. Mr. Tom Matthews, 220.Nice Lane, Villa Balboa, appeared before the Planning Commission to address his concerns regarding how he would be affected by the realignment -26- COMMISSIONERS G o- CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX of the service road and the proposed landscaping, and the issue regarding methane gas. Mr. Scott Smith, 950 Cagney Lane, Villa Balboa, appeared before the Planning Commission to state that his concerns are why this project is not being required to be in the Master Plan, and how can they be assured that the proposed facility will remain a Cancer Center? Ms. Marjane Carnahan, 270 Cagney Lane, Villa Balboa, appeared before the Planning Commission to state her concern regarding the construction of the project into the bluff area. Ms. Joy Taylor, 240 Nice Lane, Villa Balboa, appeared before the Planning Commission concerning why the proposed project has not been considered in the Master Plan. She concurred with staff's aforementioned suggested Condition No. 75. There being no others desiring to appear and be heard, the public hearing was closed at this time. The Planning Commission recessed at 9:55 p.m. and reconvened at 10:00 p.m. Ms. Temple responded to the aforementioned concerns expressed during the public hearing as follows: Traffic Study on Hospital Road at the service road and Versaille gate intersections: Ms. Temple replied that the traffic study utilizes a method which applies only to signalized intersections; however, the City Traffic Engineer counted the use of the service road so that it could be documented for potential uses relating to the Cancer Center. To add a condition requiring a security gate at the service road: Ms. Temple replied that staff has recommended Condition No. 58 which states "Access to the service road shall be restricted. Methods to accomplish this task may include installation of an electric gate similar to the one currently limiting the access to the emergency room parking lot. Another method to limit access to the service road may include posting a sign at the entrance to the service road off of Hospital Road indicating the use of the road as restricted. These types of restricting devices would -27- COMMISSIONERS A9 �0 9,y - CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX be effective in preventing unauthorized vehicles from using the service road instead of the access road." Costa Mesa Freeway: Ms. Temple replied that the Traffic Study does show an average daily trip distribution for buildout. Ms. Temple explained that planners do not consider roadway facilities to be traffic generating uses, but they do consider traffic generating land uses. She maintained that there is an average daily trip analysis which indicates that the project would add approximately 200 average daily trips on Newport Boulevard northerly of Hospital Road, that this represents .2 percent of the projected average daily traffic on that segment of roadway; substantiating the finding that the project does not have a significant affect on transportation facilities. Traffic Signals: Ms. Temple replied that because traffic signals have not been made as a condition of approval the applicant would not be responsible for • installation of any signals. Methane Gas: Ms. Temple explained that the concern is not being generated by this project, and based on the information in the EIR, the situation would not be increased by the project. She suggested that the Planning Commission may wish to consider an additional condition which would read "that a detailed geologic study to determine the location of the gas conduit or recharged area on the project site, shall be conducted in association with any studies in the EIR for the Master Plan for the remainder of the Cal -Trans East - site." She commented that the condition would provide the additional information if there is any gas conduit on the site; however, it is possible that it may, require the sinking of several test wells which may . need to be monitored over a period of time. Master Plan - Ms. Temple replied that the subject has been addressed in the staff report and the EIR. Ingress /Egress on West Coast Highway - Not included in the proposed project and does not mandate the installation of that intersection. If an ingress /egress would be required as part of the Master Plan, then the impact would be assessed in an EIR. Cancer Center -.Ms. Temple replied that Condition No. 1 states that the project be in substantial conformance -28- COMMISSIONERS s aG �o 0 �` S°o av � "m vX , $ o 9,b CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROT CALL INDEX with the plans as submitted and uses in this district require a use permit, and the use permit is for a cancer center. She pointed out that any substantial change in the project would require a use permit. Cancer Center located away from the bluff: Ms. Temple replied that there would be a significantly greater impact on public and private views in Villa Balboa. Service Road - Ms. Temple replied that the service road is relocated from its existing alignment which currently curves towards the parking structure that is being relocated to the east but within the hospital boundary. A study was done regarding the realignment of the road, in particular the air quality and noise impacts on the adjacent residences. She explained why there would not be a significant increase in noise level. Commissioner Debay stated that she would abstain from voting on the project because she needed additional expert opinions on the significance of the methane gas problems in the West Newport area. Commissioner Di Sano opined that the EIR adequately addressed the issues of concern; that the hospital would not be putting in harms way the reputation of the people residing in the area or the patients; and that the conditions would govern the excavation of the site. Motion x Motion was made to approve Traffic Study, Use Permit No. 1421 (Amended) and the Environmental Impact Report (Resolution No. 1166) subject to the findings and - conditions in Exhibit "A ", including aforementioned added Conditions No. 74, 75, and Condition No. 76 as suggested by staff that a gas study be conducted for . the Master ;Plan, and corrected "Facts in Support of - Finding" No. 1(d); No Project Alternative Findings No.. - 1 and No. 2; and'Statement of Overriding Considerations paragraph 1, and No. 4. Commissioner Pomeroy suggested that Condition No. 58 be _ amended to state "Access to the service road shall be restricted by installation of an electric gate similar Amendment x to the one currently limiting access to the emergency room parking lot." Discussion followed between the Planning Commission to clarify the service road which -29- COMMISSIONERS qy CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX was determined to be the upper parking lot service road. The public hearing was reopened for clarification, and Mr. Stephens reappeared before the Planning Commission to concur with the modified condition. The public hearing was closed. The maker of the motion agreed to amend Condition No. 58. Chairman Person stated that he would support the motion. He referred to previous concerns regarding the methane gas problem, and he pointed out that those concerns were set forth in Conditions No. 61 through No. 67, in addition to the added condition which was suggested by staff. Chairman Person indicated that the concern regarding methane gas is being adequately addressed by the City, that the applicant has addressed concerns regarding views, and that the project is appropriate for the location. Commissioner Debay stated that she does not oppose the Cancer Center; however, she commented that she does have a concern where the gas is coming from and she felt that if the application had been continued that maybe there could have been a clarification regarding that concern. The motion was voted on to approve Use Permit No. 1421, Traffic Study, Environmental Impact Report (Resolution Ayes x x x x x x No. 1166), and the corrected and added findings and Abstain x conditions as aforementioned. MOTION CARRIED. - A. ENVIRONMENTAL IMPACT REPORT. Adopt Resolution No. 1166, certifying as complete and adequate Environmental Impact Report No. 136 for the Hoag Hospital Cancer Center. Section 21002.1 of CEQA and Section 15091 of the State CEQA Guidelines ,require that the Planning Commission make one or more of the following Findings prior to the approval of a project for which an EIR has been completed, identifying. one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1 - Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant • environmental effects thereof as identified in the EIR. -30- COMMISSIONERS �G �N 99'OO 9 'vy, 160- 1- Py goy CC q,0 9,y . CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX FINDING 2 - Such changes or alterations are within the responsibility and jurisdiction or another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3 - Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Section 15093 (a) of the State CEQA Guidelines requires where the decision of the Planning Commission allows the occurrence of significant effects which are identified in the EIR but are not mitigated, the City must state in writing the reasons to support its action based on the EIR or other information in the record. Findings: 1. That the City of Newport Beach has prepared and certified a Final Environmental Impact Report (EIR) in compliance with the California Environ- mental Quality Act (CEQA) and the State CEQA Guidelines. 2. That the Planning Commission has reviewed and considered the certified Final EIR in making its decision on .the proposed Hoag Hospital Cancer Center project. 3. That the Planning Commission desires to approve the Hoag Hospital Cancer Center project. 4. The Planning Commission makes the Findings con - tained:in the Statement of Facts with respect to significant impacts identified in the Final EIR, together with the Finding that each fact in support of the Finding is true and based upon substantial evidence in the record, including the Final EIR. The Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by this reference as if fully set forth. 5. The Planning Commission finds that the Facts set forth in the Statement of Overriding Consid- erations are true and supported by substantial evidence in the record, including the Final EIR. -31- COMMISSIONERS - 9y y fC C92 CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX The Statement of - Overriding Considerations is attached hereto as Exhibit 2 and incorporated herein by this reference as if fully set forth. 6. The Planning Commission finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 7. The Planning Commission finds that all significant effects of the project are set forth in the Statement of Facts. S. The Planning Commission finds that although the Final EIR identifies certain significant environ- mental effects that will result if the project is approved, all significant effects that can be feasibly avoided or mitigated have been avoided or mitigated by the imposition of Conditions on the approved project and the imposition of mitigation • measures as set forth in the Statement of Fact and the Final EIR. 9. The Planning Commission finds that potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible, based upon specific economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. - - 10. The Planning Commission finds that the unavoidable significant impact of the project, as identified in the Statement of Facts, that has not been reduced to a level of insignificance has been substantially reduced in impact by the imposition of Conditions on the approved project and the imposition of mitigation measures. In making its decision on the project, the Planning Commission has given greater weight to the adverse environ- mental impact. The Planning Commission finds that the remaining unavoidable significant impact is clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of Overriding Considerations. 11. The Planning Commission finds that the Final EIR • has described all reasonable alternatives to the project that could feasibly attain the basic -32- COMMISSIONERS �G �N �P �0 9 9y t oy << zo qy MINUTES November 5, 1987 CITY OF NEWPORT BEACH R CALL INDEX objectives of the project, even when those alter- natives might impede the attainment of other project objectives and might be more costly. Further, the Planning Commission finds that a good faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 12. The Planning Commission finds that the project should be approved and that any alternative to this action should not be approved for the project based on the information contained in the Final EIR, the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations. 13. The Planning Commission finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 14. The Planning Commission finds that during the public hearing process on the Hoag Hospital Cancer Center, the Environmental Impact Report evaluated a range of alternatives. The project, as approved by this action, is included in that range of alternatives. B. TRAFFIC STUDY _ Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -1. - 2. That the Traffic Study indicates that the proj- ect- related traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major'., 'primary - modified' or 'primary' street. C. USE PERMIT NO. 1421 (AMENDED) - -33- COMMISSIONERS �0 NOME 9y9 oy C` � o 9y . CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX Findings: 1. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with the surrounding land uses. 2. That the project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modification. 3. The existing building height will result in more public visual open space and views than is required by the basic height limit, in that the proposed project is a maximum of six feet higher than the existing upper pad level elevation. 4. The increased building height will result in a • more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in that the structure is being depressed significantly into the cut slope, significantly reducing the visual mass and bulk of the building. 5. The, increased building height will not result in undesirable or abrupt scale relationships being created between the structure .and existing developments or public spaces, in that the proposed structure is similar in height to the adjacent Villa Balboa development. 6. The structure will have no more floor area than . could have been achieved .without the use permit. for building height. 7. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 8. The proposed number of compact parking spaces constitutes 25 percent of the parking requirement which is within the limits generally accepted by the Planning Commission relative to previous' similar applications. -34- COMMISSIONERS 9$ 9A. CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX 9. The proposed Use Permit No. 1421 (Amended) and modification for compact parking will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use; or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City; and further, that the proposed modification is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. Conditions: 1.- That the development shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. 2. Development of site shall be subject to a grading. permit to be approved by the Building and Planning . Departments. 3. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, . to minimize any potential impacts from silt, debris, and other water pollutants. 4. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 5. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 6. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the -35- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 5, 1987 INDEX "Approved a Built" grading plans on standard size sheets shall be furnished to the Building Department. 8. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This report shall be reviewed and approved by the Planning and Building Department. 9. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. Any cut material stockpiled on the site shall be placed in such a location and manner as to prevent transport of silt or soil off site. Fill shall not be placed on any identified wetland areas. 10. Existing on -site drainage facilities shall be improved or updated to the satisfaction of the City of Newport Beach. 11. Any exposed slopes shall be planted as soon as possible to reduce erosion potential. No slope established on the site shall exceed 2:1. 12. A dust control program, including such measures as ground watering or grading in spring when, soil moisture is high, will be implemented during construction in compliance with South Coast Air Quality Management District Rule 403. 13. Major soil disturbance shall take place between 8 a.m. and 4 p.m., when winds are stronger, to reduce the amount of dust settling out on nearby receptors, and to obtain better area wide dispersion of any fugitive dust. 14. The grading plan shall include a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris and other water pollutants. The existing 42 -inch storm drain shall be extended if necessary. • 15. Grading requirements of the Uniform Building Code shall be followed for the preliminary design of -36- COMMISSIONERS y A� *0 �0 -0y oy Cr ss C vy . CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX cut and fill slope, setback lines, drainage, berms, etc. Conformance with such codes shall be monitored by the Grading Engineer. 16. Recommendations included in the 1987 Foundation Engineering Co., Inc. and LeRoy Crandall Associates geotechnical reports shall be incorporated into the project design where appropriate as outlined below. The Building Department shall verify the application of the appropriate recommendations. a. Seepage water may be handled by a simple system of temporary drain trenches dug to lead water away from the building pad area or may be collected in one or two pumps just outside the building pad area and be pumped to a suitable disposal point. b. Slopes shall be properly planted and maintained to reduce the risk of surficial . slides due to erosion processes. Plants shall be selected that are capable of developing deep root systems. C. The building shall be supported on conventional spread footings placed in natural soil. d. To verify the presence of firm, undisturbed natural soils (claystone or sand) at footing design elevations, all footing excavations shall be inspected by the soil engineer subsequent to excavation. e. Basement walls shall be waterproofed and a moisture barrier shall be placed below the basement slab to impede capillary water rise through the slabs. f. Uncertified existing fill along the pedestrian link route shall be removed and replaced in layers and compacted. g. A paved drainage terrace shall be provided at the top of all .slopes that will accept surface runoff. _37_ COMMISSIONERS Nn P (nO9- y9�! t4pp 9� - CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL rCALL INDEX h. The subgrade to receive fill shall be scarified, moistened to near optimum moisture and compacted. The pre -paved subgrades for the fill shall be examined by the soil engineer before any fill is placed. i. Where sloped embankments are used, the tops of the slopes shall be barricaded to prevent heavy vehicles and heavy storage loads within ten feet of the tops of the slopes. j. The soils exposed in the cut slopes shall be inspected during excavation by the soil engineer so that modifications of the slopes can be made if verifications in the soil conditions occur or if adverse seepage conditions develop. 17. A sub -slab dewatering system will be required beneath the proposed project to prevent groundwater intrusion. 18. A paleontological monitor shall be retained by the landowner and /or developer to attend pre -grade meeting's and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 19. Archaeological, paleontological, and historical resources within the coastal zone shall be investigated in accordance with acceptable scientific procedures and appropriate mitigation measures (including testing, salvage or presentation) adopted on a case -by -case basis in accordance with regular City policy. 20. Should fossils be recovered, the project sponsor shall be responsible for the preparation of a paleontological report for the project to satisfy the City of Newport Beach K -5 requirements. The examination shall be by qualified observers, approved by the City. The written report shall describe the findings and make recommendations for further actions. This report shall discuss both positive and negative aspects of the effects of the proposed development on paleontological resources. -38- COMMISSIONERS MINUTES tiA November 5, 1987 CITY OF NEWPORT BEACH 9� ROL CALL INDEX 21. If resources are recovered, they shall be donated to an appropriate natural history museum or foundation, such as the Orange County Natural History Foundation or the Los Angeles County Museum of Natural History. 22. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan.) 23. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning and Public Works Department. • 24. The landscape plan shall include a maintenance program which controls the use of fertilizers and, pesticides. 25. The landscape plan shall place heavy emphasis on the use of drought - resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. 26. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 27. Prior to issuance of building or grading permits,: the geometrics and adequacy of the on -site access road for emergency vehicles shall be evaluated and approved by,the Public Works Department. 28. Emergency access from Newport Boulevard or Pacific Coast Highway shall be provided in a manner acceptable to the Public Works and Fire Departments. 29. That prior to the issuance of building permits,' the Fire Department shall review the proposed plans and may require automatic fire sprinkler • protection. -39- COMMISSIONERS dhZ�G�y99NQ9C��O9X y �$ CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX 30. The Fire Department access shall be approved by the Fire Department. 31. That all buildings on the subject site shall be equipped with fire suppression systems approved by the Fire Department. 32. That all access to the buildings be approved by the Fire Department. 33. A Fire Department vehicle turn around shall be provided on the northwest side of the building. 34. All roads surrounding the project shall be designated as fire lanes. 35. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 36. The project applicant will coordinate with the City of Newport Beach Fire Department in relocating the fire main. 37. Parking areas shall be paved early during construction activities. 38. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 39. The layout of the surface parking, including compact parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and approval by the City Traffic Engineer. 40. All proposed development shall provide for vacuum. sweeping of parking areas. 41. That all improvements be constructed as required by Ordinance and the Public Works Department. . 42. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstruction shall be considered in • the sight distance requirements. Landscaping within the sight distance requirement may be approximately modified at non - critical locations, subject to approval of the Traffic Engineer. -40- COMMISSIONERS MINUTES y��m��dt _ November 5, 1987 aG 9N 99'� v vx �y ff o � qy CITY OF NEWPORT BEACH ROL CALL INDEX 43. That the design of the private streets and drives conforms with the City's Private Street Policy (L -4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet unless otherwise approved by the Public Works Department. The location, width, configuration and concept of the private street system shall be subject to further review and approval by the City Traffic Engineer. 44. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes and junction structure locations, with the width to be approved by the Public Works Department. 45.- That a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 46. That prior to the issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 47. That drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 48. 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 facilities for the on -site improvements prior to issuance of any grading permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 49. County Sanitation District Fees shall be paid • prior to issuance of any Building Permits. 50. Prior to issuance of building or grading permits, the project sponsor shall submit plans to the City Public Works Department for a minimum 10 foot wide -41- COMMISSIONERS 0.0 9�m GAF 00 9i t0 2 �% - y �yC`Cg2 CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX bicycle trail constructed to connect the Villa Balboa trail /emergency access road with the Coast Highway bicycle trail at Newport Boulevard. 51. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 52. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 53. Mechanical equipment shall not be located on the roof of the structure. 54. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with such structures shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. 55. Construction vehicle trips shall not occur during the PM peak hour. 56. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m, to 6:00 p.m. on Sundays and holidays. 57. The City Engineer shall determine that the noise levels:are in compliance with the City of Newport Beach noise requirements. This evaluation should be based on the actual equipment proposed for use by the mechanical contractor. 58. Access to the service road shall be restricted by installation of an electric gate at the upper parking lot service road, similar to the one currently limiting access to the Emergency Room parking lot. • 59. Final design of the project shall provide for the incorporation of water saving devices for project lavatories and other water -using facilities. -42- COMMISSIONERS mGi„9�,�y,cy sX p r CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROL CALL INDEX 60. The lighting system shall be designed 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. 61. The proposed project shall be protected by the installation of a passive gas collection system under the building foundation. Such a system uses slotted PVC pipe laid in parallel lengths below the foundation. A qualified geotechnical firm shall be retained to design and implement such a system. 62. The foundation pad and below grade back and side walls of the proposed building shall be sealed from gas migration by a vapor barrier of chlorinated polyethylene sheeting of appropriate • thickness. The sheets of such material shall be heat welded at the seams and special seals used to maintain sheeting integrity where penetrations are required for various utility conduits. Installation of the foundation vapor barrier shall be verified by the Building Department. 63. The below grade back and side walls shall be constructed of solid material (e.g. concrete). This will eliminate any void spaces in the walls which might allow for accumulation of gas abutting the soil as would exist in wood framed walls. 64. The building shall be equipped with methane gas sensors. Such sensors shall be installed in areas of likely accumulation, such as utility or other seldom used rooms in the rear of the first floor of the building. Sensors can monitor on a continuous basis and can be tied into fire alarm systems for 24 hour surveillance. Installation of the gas sensors, and alarm system shall be verified by the Building and Fire Departments. 65. To avoid possible accumulation of gas in utility or other seldom used service or storage rooms, such rooms shall be serviced by the building's central air conditioning system or otherwise served by a positive ventilation system which -43- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 5, 1987 1 ROL7-CALL 11 1 IM 1 1 1 I INDEX 0 0 circulates and replaces the air on a continuous basis. Inclusion of such ventilation systems shall be verified by the Building Department. 66. Electrical equipment installed in any utility or other seldom used service room, such as electric motors and switched, shall be suitable for installation in Class 1, Division 1 or Division 2 areas as specified by Article 140 of Title 8 of the California Administrative Code and /or other appropriate equipment pursuant to the California Electrical Equipment Safety Orders. Installation of such equipment shall be verified by the Building Department. 67. The paved parking area shall be interrupted by unpaved planter areas and a parking lot vent system shall be installed as determined by, the soil engineer and engineering geologist. The spacing of unpaved planters shall be determined by a qualified geotechnical consultant. A parking, area vent system would consist of a series of small trenches in which slotted PVC pipe buried in gravel, installed prior to paving of the parking area. A vertical standpipe at the end of each such length of buried pipe would vent any collected gas to the atmosphere. Installation of unpaved planters and a parking lot vent system shall be verified by the Grading Engineer. 68. During construction, an exploimeter will be used to monitor methane gas levels and percent range. 69. The project shall be designed in compliance with the Structural Engineer Association of California Guidelines for seismic safety. In addition, the proposed project shall be designed to meet the . requirements of the State of California Office of the State Architect (OSA) for hospital facilities which include standards to withstand the maximum projected ground shaking potential. Compliance shall be verified by the Building Department. 70. The existing plan for storage and disposal of hazardous chemicals and waste shall be extended prior to the issuance of grading permits. Said plan shall be subject to approval of the Fire Department and the City Engineer. -44- COMMISSIONERS ,k I"� prat^ Z�G �soyyC�o - �y 9y MINUTES November 5, 1987 CITY OF NEWPORT BEACH ROL CALL INDEX 71. A study prepared pursuant to the provisions of the City's Traffic Phasing Ordinance will be required for the Emergency Room /Critical Care project. If any intersection identified for the study by the City Traffic Engineer is impacted to an Intersection Capacity Utilization ratio of 0.90, the intersection will be improved as required to lower the ICU to an acceptable level. 72. 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. 73. 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. 74. That all required construction fences shall be of open chain link and shall be removed prior to the issuance of the Occupancy Permit. 75. Prior to the issuance of building or grading permits, Hoag Hospital shall submit a letter, the form and content of which is acceptable to the City Attorney and the Planning Department, agreeing that no additional permanent buildings shall be permitted on the Caltrans East site prior, to submittal, review and approval of a Planned Community Development Plan and District Regulations for the Master Plan of Hoag Hospital. 76. The studies conducted for the Master Plan of Hoag Hospital shall include a detailed geologic study of the Caltrans East site to determine if a gas conduit or recharge area is located on -site. Recommendations of the study to mitigate adverse effects on surrounding properties which may result from increased construction activities on the CalTrans East site shall be implemented prior to further planned development. -45- Exhibit 1 N:�, v :• r•4 •' 1 r 1 Ir '�� 1�' •.,'� 1 • 1 t r C 1' Y' [0 1 VA 1',r i.lD, 14 J V :4' ' :-N I N: OZI '• • 7 PIE 1" Y:1: ',•••x:41 •• I; 1% l cvk, 001 Qo 1111 e'. Y: ':•. •': • 1/ •J • 1 ' :�1'i 1 4: :•'• • 1 1 1 ' •.' N'tr.•,v r The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. 2. such changes or alterations are within the responsi- bility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach is considering approval of a request to construct a cancer treatment /research facility on property owned by Hoag Memorial Hospital [Use Permit 1421 (Amended)]. The project includes the certification of an Environmental Impact Report, and approval of a Use Permit to allow the use in the Unclassified District, to allow the structure be 35 feet in height in the 26/35 Foot Height Limitation District, to provide parking based on a demonstrated formula, a Modification regarding the configuration of parking, and a Traffic Study. Because the proposed actions 0 constitute a project under the CEQA Guidelines, the City of Newport 45 -1 • • Beach has prepared an Environmental Impact Report (EIR) . This EIR has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with other past, present and reasonably foreseeable future projects. Further, the City desires to approve this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings set forth are herein made: Ultimate development of the project will result in certain signifi- cant unavoidable adverse impacts to the environment, as indicated below and in the Final EIR. With respect to those impacts, the City Council of Newport Beach makes the findings as stated on the following pages. 45 -2 Project site development as proposed will not substantially deplete any nonrenewable natural resources such as minerals or oil, nor will the project increase the rate of use of any natural resources. . M 1 The proposed project will not produce radioactive materials or other hazardous substances which could explode or be released into the environment in the even of an accident or upset condition. A waste management program, currently implemented by Hoag Hospital, will be extended to the Hoag Cancer Center to safely manage hazardous waste disposal. * The proposed cancer treatment /research center will provide a special service, in addition to the general acute care facili- ties provided by the existing Hoag Hospital. The majority of patients utilizing Hoag Hospital reside in Orange County. The proposed project is not expected to alter the population projections or housing requirements of Orange County. * The proposed project will not use substantial amounts of fuel or energy or require the development of new sources of energy. * Operations of the proposed cancer treatment /research center will involve the generation of radiation in the treatment of patients. The radiation is much like that of the standard x- ray and is generated by electricity. Therefore, no radioactive material will be used or produced by the project. The treat- ment rooms will consist of lead -lined walls to confine radia- tion generated. When the equipment is turned off, radiation generation ceases. * The proposed project will not result in any impact to the quality or quantity of existing recreational opportunities. A linear view park is planned in the northern portion of the Hoag • Hospital property near Superior Avenue. A bicycle trail at the 45 -3 0 • location of the existing fire access road will connect to this view park. This bicycle trail is being supplied in conjunction with the approval for the existing Villa Balboa condominiums north /northwest of the project site. There is an existing bikeway /walkway located along Coast Highway near the southwestern boundary of the Hoag parcel. As part of the proposed project, the project sponsor will submit plans to the City of Newport Beach to connect the Villa Balboa bike trail /emergency access road with the Coast Highway bicycle trail at Newport Boulevard. ►'/ 'IA ::^r'fI Y:I ME - The proposed will result in a view obstruction impact which is insignificant. Although this determination has been made, the City of Newport Beach has imposed a mitigation measure which will further reduce this effect. 1. Prior to issuance of building or grading permits, the project sponsor shall submit plans to the City Public Works Department for a minimum 10 foot wide bicycle trail to constructed to connect the Villa Balboa trail /emergency access road with the Coast Highway bicycle trail at Newport Boulevard. 45 -4 Sicmificant Effect * The project will require cut and fill including approximately 78,000 cubic yards of cut and 54,000 cubic yards of export material, to be trucked off site. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Sunnort of Findi The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: • 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading permit shall include a description of haul routes, access points to the site and a watering program designed to minimize impacts of haul operations. 3. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendation of an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department. 4. Grading requirements of the Uniform Building Code shall be followed for the preliminary design of cut and fill slope, setback lines, drainage, berms, etc. Conformance with such codes shall be monitored by the Grading Engineer. 5. No slope on the site shall exceed 2:1. 6. Any cut material stockpiled on the site shall be placed in such a manner as to prevent transport of silt or soil off -site. Fill shall NOT be placed on any identified wetland areas. 45 -5 significant Effect r' • * The project may be subject to groundwater buildup. Findi 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Suemort of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Recommendations included in the 1987 Foundation Engineering Co., Inc. and IeRoy Crandall Associates geotechnical reports shall be incorporated into the project design where appropriate as outlined below. The Building Department shall verify the application of the appropriate recommendations. a. Seepage water may be handled by a simple system of . temporary drain trenches dug to lead water away from the building pad area or may be collected in one or two sumps just outside the building pad area and be pumped to a suitable disposal point. b. Slopes shall be properly planted and maintained to reduce the risk of surficial slides due to erosion processes. Plants shall be selected that are capable of developing deep root systems. C. The building shall be supported on conventional spread footings placed in natural soil. d. To verify the presence of firm, undisturbed natural soils (claystone or sand) at footing design elevations, all footing excavations shall be inspected by the soil engineer subsequent to excavation. e. Basement walls shall be waterproofed and a moisture barrier shall be placed below the basement slab to impede capillary water rise through the slabs. f. Uncertified existing fill along the pedestrian link route shall be removed and replaced in layers and compacted. 0 45 -6 • • e terrace shall be Provided at the top of A Paved drainage t surface runoff. g• all slopes that will acceP sified, moistened ive fill shale 'ed b P PaSO h• The grade to moisture and to near opt a fill laced• ��a� before any fill is P the top sheopavy s of the emba,kaents areu�heavY vehicles and i sloped he tops of the slopes - L11 be barricaded t° prevent of storage loads within ten shall be inspected �d in the cut slopes r so that malifica- soils exP° soil engineer the soil j 'The excavation n be made if variations conditions develop* or if adverse geepage �� of the slopes can will be required death the conditions occur' dewater�n9 system undwater intrusion. BrOposed VrO3�t to prevent gr° area could be exposed to erosion due to the 2. si w. °i nt E * The project project. F p_d have been or al tiowh which avoid 1• Chang es h effect into I the project EIR• required in, or incorporate d the subs lally or ident fified in the Final as s of Findil to a level �bstantially lessened and Standard City policies The significant effect has been the Final EIR virtue Of the identified in i ificance bl' measures These measures include the ogequi m_nts and � n i attiiioe P °jam• and incorporated following* dust control plan �,, tmsnt,tand ion, siltation and al of the Buildin3 Water Quality 1• � be sub3eat to the o � California Regions Cont�forward to Region. mall be Board, Ana from the pros part of the The velocity of concentrated runoff controlled as 2. erosive velocities evaluated and exposed slopes project design- lace on anY the City 3, Erosion contr° 1 measures shall taa" or c approved by thirty days after grading within M-,yineer. 45 -� Significant Effect * The project may be subject to seepage and subsurface accumula- tion of natural gases from the earth. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in h%== of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The structure shall be designed to protect the building from gas accumulation and seepage, based on the recommendations of a geotechnical engineer. 2. The proposed project shall be protected by the installation of a passive gas collection system under the building foundation. . Such a system uses slotted PVC pipe laid in parallel lengths below the foundation. A qualified geotechnical firm shall be retained to design and implement such a system. 3. The foundation pad and below grade back and side walls of the proposed building shall be sealed from gas migration by a vapor barrier of chlorinated polyethylene sheeting of appropriate thickness. The sheets of such material shall be heat welded at the seams and special seals used to maintain sheeting integrity where penetrations are required for various utility conduits. Installation of the foundation vapor barrier shall be verified by the Building Department. 4. The below grade back and side walls shall be constructed of solid material (e.g. concrete). This will eliminate any void spaces in the walls which might allow for accumulation of gas abutting the soil as would exist in wood framed walls. 5. The building shall be equipped with methane gas sensors. Such sensors shall be installed in areas of likely accumulation, such as utility or other seldomly used rooms in the rear of the first floor of the building. Sensors can monitor on a contin- uous basis and can be tied into fire alarm systems for 24 hour surveillance. Installation of the gas sensors and alarm system shall be verified by the Building and Fire Departments. 45 -8 6. To avoid possible accumulation of gas in utility or other seldomly used service or storage rooms, such rooms shall be serviced by the building's central air conditioning system or otherwise served by a positive ventilation system which circulates and replaces the air on a continuous basis. Inclusion of such ventilation systems shall be verified by the Building Department. 7. Electrical equipment installed in any utility or other seldom used service room, such as electric motors and switches, shall be suitable for installation in Class 1, Division 1 or Division 2 areas as specified by Article 140 of Title 8 of the Califor- nia Administrative Code and/or other appropriate equipment pursuant to the California Electrical Equipment Safety Orders. Installation of such equipment shall be verified by the Building Department. 8. The paved parking area shall be interrupted by unpaved planter areas and a parking lot vent system as determined by the soil engineer and engineering geologist. The spacing of unpaved planters shall be determined by a qualified geotechnical consultant. A parking area vent system would consist of a series of small trenches in which slotted PVC pipe buried in gravel would be installed prior to paving of the parking area. A vertical standpipe at the end of each such length of buried . pipe would vent any collected gas to the atmosphere. Installa- tion of unpaved planters and a parking lot vent system shall be verified by the Grading Engineer. Sianificant Effect * Excavation at the project site may result in increased levels of methane gas seepage during construction. Findirxr 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Su;Rort of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the projerA. These measures include the following: 1. During construction, an exploimeter will be used to monitor methane gas levels and percent range. 0 45 -9 0 Significant Effect * The project area may be subject to ground shaking from an earthquake. Findimr 1. changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. K•- Y • c• The significant effect has been of insignificance by virtue of Requirements and Mitigation Meas and incorporated into the proj following: substantially lessened to a level the Standard City Policies and ores identified in the Final EIR ect. These measures include the 1. The project shall be designed in compliance with the Structural Engineers Association of California Guidelines for seismic safety. In addition, the proposed project shall be designed to meet the requirements of the State of California Office of the State Architect (OSA) for hospital facilities which include standards to withstand the maximum projected ground shaking potential. Compliance shall be verified by the Building Department. WATER RFEODRCESS Significant Effect * Implementation of the project will result in short -term and potential long -term impacts to surface water quality. Findino 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Su000rt of Finding The significant effect has been of insignificance by virtue of Requirements and Mitigation Meas and incorporated into the proj following: substantially lessened to a level the Standard City Policies and ores identified in the Final EIR eat. These measures include the 45- 10 • 1. Existing on -site drainage facilities shall be improved or updated to the satisfaction of the City of Newport Beach. 2. Any exposed slopes shall be planted early in the construction process to reduce erosion potential. 3. The erosion control plan shall include a complete plan for the temporary and permanent drainage facilities to minimize and potential impacts from silt, debris and other water pollutants. 4. A landscape plan shall be submitted for approval by the Planning Department which included a maintenance program that controls the use of fertilizers and pesticides. 5. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over watering. CQLTURRI, RESOURCES Significant Effect Development of the site may uncover significant fossils during excavation. Finding . 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. rMEM rr• L The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A paleontological monitor shall be retained by the project sponsor to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct or halt grading in a specific area to allow for salvage of exposed fossil materials. If any archaeological, paleontological and historic resources within the coastal zone are uncovered during grading, they shall be investigated in accordance with acceptable scientific procedures and appropriate mitigation measures (including testing, salvage or preservation) shall be adopted on a case - by- case basis in accordance with regular City policy. 0 45 -11 3. Should fossils be recovered, the project sponsor shall be responsible for the preparation of a paleontological report for the project to satisfy the City of Newport Beach K -5 require- ments. The examination shall be by qualified observers, approved by the City. The written report shall describe the findings and make recommendations for further actions. This report shall discuss both positive and negative aspects of the effects of the proposed development on paleontological re- sources. 4. If resources are recovered, they shall be donated to an appropriate natural history museum or foundation, such as the Orange County Natural History Foundation or the Los Angeles County Museum of Natural History. Significant Effect * The proposed project will change the land use on the site from vacant /parking lot to hospital uses. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Findira The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The proposed project is subject to all requirements of the City of Newport Beach General Plan, Zoning Code and Local Coastal Program (LCP). The following discretionary approvals are required: coastal permit, use permit and grading permit. TRANSPOR7ATION /CERCU ATION Significant Effect * The project design must comply with an approved site plan. Finding 1. Changes or alterations have been required in, or incorporated 0 into, the project which avoid or substantially lessen the 45 -12 • significant environmental effect as identified in the Final EIR. Facts in Sn=ort of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The project shall incorporate the site plan including the provision of the amount of parking spaces indicated, a grade differential between the future bikeway and the adjacent upper parking lot and landscape features in the parking areas and a building height limit not to be exceeded. Significant Effect * Construction vehicles shall access the site from Coast Highway during construction. Finding AIR QaUXTY Significant Effect * Clearing, grading, utility excavation and vehicle movement on unpaved surfaces will generate large volumes of fugitive dust during construction. Finding 1. Changes or alterations have been required in, or incorporated 0 into, the project which avoid or substantially lessen the 45 -13 1. Changes or alterations have been required in, or incorporated • into, the project which avoid significant environmental effect or substantially lessen the as identified in the Final EIR. Facts in Suonort of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Construction vehicle trips shall not occur during the PM peak hour. AIR QaUXTY Significant Effect * Clearing, grading, utility excavation and vehicle movement on unpaved surfaces will generate large volumes of fugitive dust during construction. Finding 1. Changes or alterations have been required in, or incorporated 0 into, the project which avoid or substantially lessen the 45 -13 _ significant environmental effect as identified in the Final EIR. Facts in Su The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Parking areas shall be paved early during the construction activities. 2. A dust control program, including such measures as ground watering or grading in spring when soil moisture is high, will be implemented during construction in compliance with South Coast Air Quality Management District Rule 403. 3. Major soil disturbance shall take place between 8 a.m. and 4 p.m. when winds are stronger to reduce the amount of dust settling out on nearby receptors, and to obtain better area wide dispersion of any fugitive dust. Facts in Surnort of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Construction activities will be the Newport Beach Municipal Code construction and excavation work weekdays, 8:00 a.m. to 6:00 p.m. 0 6:00 p.m. on Sundays and holidays. 45 -14 conducted in accordance with , which limits the hours of to 7:00 a.m. to 6:30 p.m. on on Saturdays and 10:00 a.m. to NOISE • Significant Effect * During the construction phase of the project, construction equipment may cause high noise levels impacting some areas of the hospital and existing condominiums to the north. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Surnort of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Construction activities will be the Newport Beach Municipal Code construction and excavation work weekdays, 8:00 a.m. to 6:00 p.m. 0 6:00 p.m. on Sundays and holidays. 45 -14 conducted in accordance with , which limits the hours of to 7:00 a.m. to 6:30 p.m. on on Saturdays and 10:00 a.m. to • Significant Effect * Mechanical equipment and emergency power generators may cause an impact to some areas of the hospital and existing condo- miniums to the north. Findino 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. NU M S. ! !-• Y. • •I The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with such struc- tures shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the • recommendations of a qualified acoustical engineer and approved by the Building Department. 2. The City Engineer shall determine that the noise levels are in compliance with the City of Newport Beach noise requirements. This evaluation should be based on the actual equipment proposed for use by the mechanical contractor. Significant Effect * Use of the service road instead of the access road may cause noise impacts on surrounding residences. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Suonort of Findina The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 45 -15 1. Access to the service road shall be restricted. Methods to accomplish this task may include installation of an electric gate similar to the one currently limiting access to the Emergency Room parking lot. Another method to restrict access to the service road may include posting a sign at the entrance to the service road off of Hospital Road indicating the use of the road is restricted. These types of restricting devices would be effective in preventing unauthorized vehicles from using the service road instead of the access road. 9 M * The proposed project will convert the open space character of the site to urban use. Findirxr 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Smg= of Finding • The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard city Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. The plan shall be subject to review by the Parks, Beaches and Recreation Depart- ment and approval by the Planning and Public Works Department. Significant Effect * On -site lighting could affect some areas of the hospital and existing condominiums to the north. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 0 45 -16 Facts in Support of Findina The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The lighting system shall be designed and maintained in such a manner as to conceal light sources and to minimize spillage and glare to the adjacent residential uses. The plans shall be prepared by a licensed electrical engineer, with a letter stating that, in his opinion, this requirement has been met. Significant Effect * The proposed project will require outdoor mechanical equipment. Findirxr 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. • Facts in Support of Findirla The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 2. Mechanical equipment shall not be located on the roof of the structure. ' 1-:501 .a rej w:w Wx IBM Ii10 1 A 4MI-- Sianificant Effect * The project building may require indoor fire protection features. Find 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final . EIR. 45 -17 • Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Prior to the issuance of building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access and may require fire sprinklers if it is determined that such measures are necessary to provide adequate fire protection. 2. As approved by the Fire Department, the building shall be equipped with fire suppression systems. Significant Effect * Additional emergency access may be required based upon the review of the access road's geometrics and adequacy. Findi 1. Changes or alterations have been required in, or incorporated • into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Sumort of Findina The significant effect has been substantially lessened to a level of insignificance by virtue of the standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Fire Department access shall be approved by the Fire Depart- ment. 2. Emergency access from Newport Boulevard or Coast Highway shall be approved in a manner acceptable to the City Public Works and Fire Departments. 3. A Fire Department vehicle turn around shall be provided on the northwest side of the building. 4. All roads surrounding the project shall be designated as fire lanes. 45- 18 Significant Effect * The project will require the relocation of an existing under- ground fire main. ind' 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. rg-MMIMIM. The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the. following: 1. The project applicant will coordinate with the City of Newport Beach Fire Department in relocating the fire main. Sianificant Effect * Implementation of the project will require the use of domestic • water, the availability of fire protection water and the use of a sanitary sewer system. Findirxr 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. EJ The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Final design of the project shall provide for the incorporation of water - saving devices for the project lavatories and other water -using devices. 2. Prior to the issuance of building or grading permits, a Master Plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adequacy of existing 45 -19 • water and sewer facilities and construct any modifications or facilities necessitated by the project. Significant Effect * A plan for storage and disposal of hazardous chemicals and waste will be required. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Su The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The existing plan for storage and disposal of hazardous chemicals and waste shall be extended prior to the issuance of • grading permits. Said plan shall be subject to approval of the Fire Department and the City Engineer. CUMUTATIVE EFFECTS • Significant Effect * The proposed project in conjunction with the Hoag Hospital critical care /emergency room additions may result in a signifi- cant cumulative traffic impact. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 45 - 20 • 1. A study prepared pursuant to the provisions of the City's Traffic Phasing Ordinance will be required for the Emergency Room/Critical Care project. If any intersection identified for the study by the City Traffic Engineer is impacted to an Intersection Capacity Utilization ratio of o.90, the intersec- tion will be improved as required to lower the ICU to an acceptable level. 0 0 45 - 21 G r. 474_v,_� N41 o- i•1 �a w i ♦ MINNit s�_;!.l I. 4;a' .yS!.1.6.h ki i r �. yn� The following effects are those determined by the City of Newport Beach to be significant environmental effects which cannot be avoided if the project is implemented. All significant environmen- tal effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. The remaining, unavoidable significant effects are accept- able when balanced against the facts set forth in the Statement of overriding Considerations made below, giving greater weight to the remaining, unavoidable environmental effect. Sianificant Effect The proposed project in conjunction with the proposed Hoag critical care /emergency room additions will result in a local significant cumulative impact to visual resources. Findings 1. Changes or alterations have been required in, or incorporated • into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." Facts in Sunnort of Findings The significant effect has been substantially lessened by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. The plan shall be subject to review by the Parks, Beaches and Recreation Depart- ment and approval by the Planning and Public Works Department. 2. The lighting system shall be designed and maintained in such a manner as to conceal light sources and to minimize spillage and glare to the adjacent residential uses. The plans shall be prepared by a licensed electrical engineer, with a letter • stating that, in his opinion, this requirement has been met. 45 - 22 • 3. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 4. Mechanical equipment shall not be located on the roof of the structure. r: The significant effect has been substantially lessened to the extent that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 1. The project design submitted by the applicant included revis- ions to the covered walkway connected from that originally reviewed and approved by the City. This revised design substantially lessened the overall impact to visual resources by eliminating any obstruction in the area of the walkway. The significant effect has been substantially lessened to the extent feasible, however, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. 1. The project represents the best design solution for the cancer center project given the constraints of the site, the signifi- cant environmental impacts and the needs of the hospital in providing the specialized services to be accommodated in the building, all factors considered. 2. The alternatives set forth for the site were rejected for the reasons as set forth above and in the subsequent sections of this statement. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present and reasonably foreseeable future projects. 45 -23 t11W 1'A.l lWLC.Rl�i111Y1'a1 The Draft EIR evaluated alternatives for the project. The approved project is a substantial reduction from the project requested by the applicant and analyzed in the Draft EIR. The project selected is within the range of alternatives analyzed, and has similar environmental effects, although those effects have been lessened. The plan was modified during the course of public review through a series of actions including, but not limited to, those listed below: 1. The City Staff analysis of the project. 2. The responses to the Notice of Preparation. 3. The responses to the Non - Statutory Advisements. 4. The comments on the draft EIR. 5. The testimony at the public hearings on the project and EIR held before the City of Newport Beach Planning Commission. 6. The recommendations of the Environmental Quality Affairs Citizens Advisory Committee. 7. The data in the Final EIR. Findinas 1. The refined project has been accomplished in a manner so as to provide the greatest public involvement in the planning and CEQA process. 2. The process has developed a project which is in substantial conformance with that described in the Notice of Preparation and for which the EIR was prepared. 3. The Certified Final EIR indicates all refinements which have been incorporated in the project. 4. The mitigation measures and standard City policies have been made a part of the refined project. 5. The following provides a brief description of project alterna- tives. 6. The alternatives were rejected in favor of the current project proposal. 7. The rationale for rejection of each alternative is provided below. • 45 - 24 8. The rejection rationale is supported by the public record including, but not limited to, the Certified Final EIR. NO PRQTECP AT— TM The No Project Alternative provides for no new development on the site. Findinas specific economic, social, or other considerations make infeasible the No Project Alternative described in the Final EIR in that: 1. The No- Project Alternative would not accomplish the objectives of the project in that the alternative would accommodate the demand on the existing Hoag Hospital radiation therapy facili- ties, which currently exceed design capacity. This alternative would not provide for the objective of allowing cancer patients to see a physician, get treatment and receive counselling in a single location. 2. The No- Project Alternative would not accomplish the objectives the City of Newport Beach General Plan, which designates the site for "Governmental, Educational and Institutional Facili- ties". • 4. The No- Project Alternative will not reduce wind and water erosion on the which will result from development of the site. 5. The No- Project Alternative will not implement the linkage of the Coast Highway bike trail with the Villa Balboa bike trail as shown on the City of Newport Beach Master Plan of Bikeways. CONSTi3TMON OF THE HOAG CANCER CENTER ON THE NRIN CANPW This alternative would consist of a four - story, 65,000 square foot cancer treatment center located south of the existing four -story parking structure on the main campus. Findings Specific economic, social, or other considerations make infeasible the four -story alternative south of the existing parking structure described in the Final EIR in that: 45 - 25 3. The No- Project Alternative may increase the vehicle miles travelled in the region, producing a cumulatively significant effect on the environment, in that persons in need of this service will be required to travel to other similar facilities, such as UCLA or Scripps. • 4. The No- Project Alternative will not reduce wind and water erosion on the which will result from development of the site. 5. The No- Project Alternative will not implement the linkage of the Coast Highway bike trail with the Villa Balboa bike trail as shown on the City of Newport Beach Master Plan of Bikeways. CONSTi3TMON OF THE HOAG CANCER CENTER ON THE NRIN CANPW This alternative would consist of a four - story, 65,000 square foot cancer treatment center located south of the existing four -story parking structure on the main campus. Findings Specific economic, social, or other considerations make infeasible the four -story alternative south of the existing parking structure described in the Final EIR in that: 45 - 25 • 1. This alternative would result in significant structural concerns related to the stability of the parking structure during construction. 2. Access to parking for the facility would be restricted. 3. Location of the cancer center in this location would subject the use to potential impacts from noise and vehicle emissions from the parking structure. 4. This alternative would not substantially reduce the visual impacts of the proposed project. 5. This alternative is not architecturally feasible due to lack of developable land on the main campus. 1 •' �'I' �'•.� M� Wui' Ms i�l�.. �i.�:y M1�1. � I� The design of this alternative would be similar to the proposed project, but would have minimal encroachment into the existing cut slope. Findings specific economic, social, or other considerations make infeasible • this alternative locating the cancer center away from the cut slope described in the Final EIR in that: 1. This alternative would maximize viewshed impacts. 2. The functional relationship between the main campus and the proposed project would be impair due to the greater distance between the uses. 3. The length of the walkway connection would need to be in- creased. This alternative includes a two story, 65,000 square foot cancer treatment center. Findings specific economic, social, or other considerations make infeasible the two -story alternative described in the Final EIR in that: 1. This alternative is a less efficient use of land compared to the preferred project. 2. This alternative would impair convenient access for the users of the facility. 45 -26 e 3. The two story design would reduce the functional relationship of the floor plan which maximizes the potential of the facil- ity. 4. The functional relationship between the main hospital campus and the project would be impaired due to the increased distance between them. Other alternatives considered include a smaller cancer center, decreasing the space between floors and lowering the building further into the slope. Findings Specific economic, social, or other considerations make infeasible these alternatives described in the Final EIR in that: 1. Construction of a smaller facility would not meet the floor space requirements of the facility. 2. A reduction in the vertical space between floors would not meet the standard requirements for this type of facility. • 3. The lowering of the building further into the slope would result in groundwater and gas seepage constraints. • 45 - 27 Exhibit 2 • STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoid- able environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable risks of this projectare acceptable and are clearlt outweighed by specific social, economic and other benefits of the project, giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public benefits were considered or decisions made: 1. The proposed project is consistent with other existing uses in the vicinity of the project and the community in general. 2. The proposed project represents infill development located in an urban area where adequate facilities and services exist. 3. The density and intensity of the project is appropriate. 4. The proposed project will contribute to a fair share of local and regional roadway improvements, specifically the City's Fair Share Traffic Contribution Ordinance. 5. The proposed project will provide needed health services to the • community. 6. The proposed project will enhance recreational facilities in the ca mmunity in that a planned bike trail connection will implemented. PLT WP \ED \UP1421FD.EIR • 45 -28 COMMISSIONERS MINUTES �F - November 5, 1987 4919 y ` y CITY OF NEWPORT BEACH ROL CALL INDEX Amendment No. 655 (Public Hearing) Item No.6 Request to consider an amendment to Title 20 of the A655 Newport Beach Municipal Code regarding provisions for — regulating the installation of temporary real estate Approved signs; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach In response to a question posed by Commissioner Debay asking if the size of the real estate signs has been assured, James Hewicker, Planning Director, stated that the City Council instructed the Planning Department to prepare a recommendation regarding the real estate signs to the Planning Commission, and that the Planning Commission would make the recommendation to the City Council for final approval. The public hearing was opened in connection with this item, and there being no one to testify, the public, hearing was closed at this time. 01on x Motion was made to recommend the approval of Amendment All Ayes No. 655 (Resolution No. 1165) to the City Council. Motion voted on, MOTION CARRIED. D I S C U S S I0N ITEM - Item_No.l Proposed Zone Change Proposed Zone Request to consider amending a portion of Districting Change Map No. 9 so as to rezone all residentially zoned property along West Ocean Front between 15th Street and Public 20th Street on the Balboa Peninsula from the R -4 Hearing District to the R -2 District. Set for 1 -21 -88 INITIATED BY:. The City of Newport Beach Discussion ensued between the Planning Commission and staff regarding the rezoning of property from the R =4 District to the R -4 (1200) District between 15th Street and 20th Street along West Ocean Front and possibly rezoning other R -4 zoned properties on the Balboa. Peninsula. • In response to a question posed by Chairman Person, James Hewicker, Planning Director, explained the City's Ordinance which states that at the end of sixty years, -46- COMMISSIONERS 9y CITY OF NEWPORT BEACH MINUTES November 5, 1987 ROLL CALL INDEX dwelling units on a piece of property must be torn down or permission must be granted by the City Council to retain the dwelling units if the number of units on a site exceed the allowable density. Mr. Hewicker stated that the purpose of the Ordinance was to bring the land uses into conformance with the General Plan. He explained that if an R -2 zoned property were permitted to have a duplex and then the property were rezoned to the R -1 District, the property owner would be required to tear the duplex down or convert the building to a single family dwelling when that duplex was 60 years old, unless they petitioned the City Council. Following a discussion period, Mr. Hewicker stated that R -4 (1200) zoning would mean that one dwelling unit would be permitted for each 1200 square feet of land area on a lot, which would allow two dwelling units on a typical 30 foot wide lot on the Balboa Peninsula. The Planning Commission pointed out that a recent application was not approved for 3 dwelling units on a lot in the R -4 District because of the.high density on the Peninsula, and to rezone the R -4 property on the Balboa Peninsula to the R -4 (1200) District would permit the property owners to do what they thought they would be permitted to do when they purchased the . property. Mr. Hewicker advised the Planning Commission that the . Planning Department would need to notify each applicable property owner of the pending zone change, and to notify all property owners within 300 feet of all of the applicable sites. Discussion ensued regarding the size of lots that would be affected by the zone change. Motion x Chairman Person made a motion to set a public hearing All Ayes for the proposed zone change for January 21, 1988, and if the staff had pertinent additional information that they wanted to discuss with the Planning Commission, that the item would be brought before the Planning Commission as a Discussion Item prior to the public hearing. Motion voted on, MOTION CARRIED. * * * A D J 0 U R N M E N T: 10:45 p.m. - Adjournment JAN DEBAY, SECRETARY _- CITY OF NEWPORT BEACH PLANNING COMMISSION - -47-