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HomeMy WebLinkAboutNewport Sports Museum (PA2004-092)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 August 5, 2004 TO: PLANNING COMMISSION FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gramirezftity newport-beach. ca. us SUBJECT: Newport Sports Museum, 100 Newport Center Drive (PA2004 -092) General Plan Amendment No. 2004 -001 Use Permit No. 2004 -017 APPLICANT: John Hamilton REQUEST The applicant requests approval of a General Plan Amendment to increase the development allocation of Statistical Area L1 (Block 100 — Gateway Plaza) by 1,550 square feet to accommodate the enclosure of a 780 square foot patio area for a new interactive museum area and an as -built 770 square foot second floor addition constructed without the benefit of proper approvals and permits. The additions are in conjunction with an approximate 3,500 square foot expansion of the museum, which will result in total museum area (display and offices) of approximately 9,871 square feet. The museum would share the first floor of the building with a small bank and museum offices would share the second floor with The Hamilton Company, a general office use. The allocated entitlement for Statistical Area L1 (Block 100 — Gateway Plaza) would increase from 197,545 square feet to 199,095 square feet. The Use Permit application requests approval for the establishment of a cultural institution (Newport Sports Museum) as a primary use in the APF zoning district. The existing museum is currently operating as an ancillary use under the equivalent of a Use Permit issued by the Planning Director. SITE BACKGROUND The project site was originally developed in 1975 with a savings and loan. In 1999, General Plan Amendment 99 -2(E) increasing the development allocation of Statistical Area L1 (Block 100 — Gateway Plaza) by 1,000 square feet was approved allowing the expansion of the second floor office space. Planning Directors Use Permit No. 40 was approved with this General Plan Amendment allowing the Newport Sports Newport Sports Museum August 5, 2004 Page 2 VICINITY MAP NEWPORT SPORTS MUSEUM 100 Newport Center Drive To the north: I Fashion Island To the east: I Professional Offices To the south: I Professional Offices To the west: I Multi Family Residential (Across New ort Center Drive Newport Sports Museum August 5, 2004 Page 3 Museum as an ancillary use to the existing and proposed office use (The Hamilton Company). ANALYSIS Site /Project Characteristics FAR Permitted: 0.5" FAR Proposed: 0.34 General Plan Block Area: 575,296 s ft. Proposed Floor Area: 199,095 s ft * Lot Area: 26,479 Square Feet Building Square Footage: Existing: 13,319 square feet (Gross) Proposed: 14,869 square feet Proposed Use Square Footage: Newport Sports Museum: 9,871 sqft. (Gross) The Hamilton Company (Office): 3,522 La Jolla Bank: 1,476 s ft. Parking Required: 51 spaces Existing Parking Provided: 49 spaces Proposed New Parking: 2 spaces Total Proposed: 51 spaces Museum Hours of Operation Monday thru Friday, 9:00 a.m. to 6:00 p.m. Saturday 10:00 a.m. to 3:00 p.m. "FAR is based on entire General Plan Block DISCUSSION General Plan The Land Use Element of the General Plan designates the project site as Administrative, Professional and Financial. The proposed sports museum is consistent with this designation. The subject site is located within Statistical Area L1 (Block 100 — Gateway Plaza), which is presently allocated 197,545 square feet of development. The existing entitlement has been fully utilized. Therefore, the proposed 1,550 square feet of additions require the approval of a general plan amendment to increase the entitlement. The objective of the Land Use Element is to provide an orderly balance of residential and commercial uses with an emphasis of maintaining a high quality environment for people living, working and visiting the within the City. Amendments can be approved upon finding that they are consistent with the surrounding land uses and the policies of Land Use Element. The following table discusses each of the twelve general policies of the Land Use Element. Newport Sports Museum August 5, 2004 Page 4 General Plan Policy Policy Analysis A. The City shall provide for sufficient diversity The proposed project proposes an increase to the of land uses so that schools, employment, development allocation by 1,550 square feet for recreation areas, public facilities, churches and institutional and professional office use. The neighborhood shopping centers are in close proposed project is consistent with this policy in the proximity to each resident of the community. fact that the proposed project does not change the diversity of land use and the museum is consistent with those intended by the General Plan. B. To insure redevelopment of older or The project proposes a modest increase in the underutilized properties, and to preserve the value development allocation by 1,550 square feet for a of property, the floor area limits specked in the commercial block already authorized for 197,545 Land Use Element allow for some modest growth. square feet of commercial development. The Traffic To insure that traffic does not exceed the level of Engineer has determined that the proposed service desired by the City, variable floor area limits increase in the development allocation would result shall be established based upon the trip generation in less than significant traffic impacts on existing characteristics of the use or uses proposed for the levels of service at intersections within the City. site. C. Commercial, recreation or destination Not Applicable. While the existing and proposed visitor serving facilities in and around the harbor Sports Museum can be considered destination shall be controlled and regulated to minimize traffic visitor serving, the project site is not considered to congestion and parking shortages, to ensure be located "around" the harbor nor is it near any access to the water for residents and visitors, as harbor - related recreation or destination visitor well as maintain the high quality of life and the serving facilities. unique and beautiful residential areas that border the harbor. D. The sfting of new buildings and structures The project site is located within a fully developed shall be controlled and regulated to ensure, to the business park in Newport Center. No significant extent practical, the preservation of public views, natural landforms, including coastal bluffs and cliffs, the preservation of unique natural resources, and are located on the site or in the immediate area nor to minimize the alteration of natural landforms will the increase of 1,550 square feet of along bluffs and cliffs. development allocation impact public views. E. Provisions shall be made for the Not Applicable. The project is not located with the encouragement or development of suitable and Coastal Zone nor does the project site lend itself for adequate sites for commercial marine - related maritime development. facilities so as to continue the City's historical and maritime atmosphere, and the charm and character such business have traditionally provided the City. Newport Sports Museum August 5, 2004 Page 5 General Plan Policy Policy Analysis F. The City shall develop and maintain The project involves an addition built without the suitable and adequate standards for landscaping, benefit of .permits and the enclosure of outdoor sign control, site and building design, parking and patio area. The design is consistent with the undergrounding of utilities and other development existing commercial building, which is appropriate standards to ensure that the beauty and charm of and compatible with its Newport Center location. existing residential neighborhoods are maintained, Additionally, the additions meet all applicable that commercial and office projects are development standards. aesthetically pleasing and compatible with surrounding land uses and that the appearance of, and activities conducted within industrial developments are also compatible with surrounding land uses and consistent with the public health, safety and welfare. G. Prohibit or restrict certain types of land Not Applicable use conversions or forms of ownership which, by their nature, reduce available housing, are incompatible with residential uses, or present police, health, or safety problems. H. Continue to oppose the lease of offshore Not Applicable tracts to oil producers and prohibit the construction of new onshore oil facilities except as may be necessary in conjunction with the operation of the West Newport oil field. I. Restrict and control development in flood Not Applicable. The site is not located within a flood hazard areas. hazard area. J. The City shall aggressively pursue Not Applicable. annexation of territory within its sphere of influence with due consideration given to costs and benefits associated with incorporation. K. The land use designations and building Not Applicable intensity standards in this Element reflect limits on John Wayne Airport imposed by the Airport Settlement Agreement and the provisions of that Agreement have become an integral part of the land use and planning process of the City of Newport Beach. The City should take all steps necessary to preserve and protect the Agreement, as well as assist in the selection of a second commercial airport, which, in conjunction with John Wayne Airport, could serve a majority of the County's short- and medium -haul demand. L. The City shall encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities. Newport Sports Museum August 5, 2004 Page 6 With the exception of the request for an increased development allocation the project will comply with the APF development regulations. Staff believes that based on the analysis of the Land Use Element policies that the proposed project is consistent with General Plan and the increase in development allocation can be approved. If the General Plan Amendment and Use Permit are approved, a building permit would have to be obtained for the portion of the second floor constructed without the benefit of a permit as well as for the new addition. Charter Section 423 Ana&sis Overall, Statistical Area L1 has a current General Plan limit of 6,804,321 square feet. The project will add 1,550 square feet of non - residential intensity in Block 100 — Gateway Plaza. Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if the 100 peak hour trip, 40,000 square foot or 100 dwelling unit thresholds are exceeded. Council Policy A -18 includes a Trip Rate Table adopted for use when reviewing proposed GPA's. In the event a the Trip Rate Table does not contain a peak hour trip rate for an proposed use, a comparable use shall be determined by the City Council based on a recommendation of the Planning Director and Transportation /Development Services Manager. Since the Trip Rate Table does not include a peak hour rate for museums and since the project site contains a mix of museum, professional office and bank uses, the Planning Director and Transportation /Development Services Manager recommends that the City use the commercial trip generation rate within the General Non - Residential Use Category. This category is identified in Council Policy A -18 for RSC, APF and RMC zones and is an average rate for the broad list of uses permitted in these zones. The trip generation rates are 3 morning and 4 evening peak hour trips per each 1,000 square feet of floor area. Based on these rates the proposed addition will increase the number of peak hour trips by approximately 4.65 in the A.M. and by 6.2 in the P.M. Although the proposed project does not exceed the 100 peak trip threshold, Council Policy A -18 requires that all General Plan Amendments to be tracked as "Prior Amendments" for ten years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds. Eighty- percent of the increases attributable to prior amendments are required to be added to the proposed increases to determine if any thresholds have been exceeded. Newport Sports Museum August 5, 2004 Page 7 The only prior amendment approved for Statistical Area L1 is General Plan Amendment No. 2001 -003 approved in 2002. GP No. 2001 -003 increased the development allocation in Statistical Area L1 (Block 900 -Hotel Plaza) by 3,000 square feet of office area resulting in an additional 5.34 trips in the A.M. peak and 5.16 trips in the P.M. peak hour. Council Policy A -18 Analysis: As indicated in the preceding chart, the resulting total of the proposed amendment and the 1999 "prior amendment is" an additional 8.922 — A.M. peak hour trips and 10.328 — P.M. peak hour trips and a total increase in 3,950 square feet. Since the sums of the prior and proposed amendments do not exceed the 100 peak hour trip or 40,000 square foot thresholds a vote pursuant to Charter Section 423 is not required. If the City Council approves the proposed amendment, it to will become a "prior amendment' that will be tracked for ten years. Parkin As depicted on the proposed plans the museum will share the first floor with a bank and museum offices on the second floor will share office space with The Hamilton Company, a traditional professional office use. The Code required parking for each of the three uses is as follows: Museum (Cultural Institutions): 1/300 square feet (gross) Bank: 1/250 square feet (gross) Professional Office: 1/250 square feet (net) The original development provided 45 parking spaces for the subject building. The subsequent addition of the 4 parking spaces in the enclosed garage area in conjunction with the 1999 General Plan Amendment and Use Permit brought the total to 49. Since the different uses have different parking requirements, staff determined that applying the different parking requirements based on the area of each use was appropriate. Shared areas such as mechanical equipment rooms, ventilation shafts, elevators and stairways were distributed proportionally among the three proposed uses. The result is a parking requirement of 51 spaces. The applicant has proposed to add 2 spaces, as shown on the site plan, for use by employees only. The spaces will be accessed by Square Footage A.M. Peak Hour Trips P.M. Peak Hour Tri s Proposed Amendment 1,550 sqft. 4.65 6.2 Prior Amendment 80% 3,0004.8 = 2,400 5.34x0.8 = 4.272 5.16x0:8 = 4.128 Total 3,950 s ft. 8.922 10.328 As indicated in the preceding chart, the resulting total of the proposed amendment and the 1999 "prior amendment is" an additional 8.922 — A.M. peak hour trips and 10.328 — P.M. peak hour trips and a total increase in 3,950 square feet. Since the sums of the prior and proposed amendments do not exceed the 100 peak hour trip or 40,000 square foot thresholds a vote pursuant to Charter Section 423 is not required. If the City Council approves the proposed amendment, it to will become a "prior amendment' that will be tracked for ten years. Parkin As depicted on the proposed plans the museum will share the first floor with a bank and museum offices on the second floor will share office space with The Hamilton Company, a traditional professional office use. The Code required parking for each of the three uses is as follows: Museum (Cultural Institutions): 1/300 square feet (gross) Bank: 1/250 square feet (gross) Professional Office: 1/250 square feet (net) The original development provided 45 parking spaces for the subject building. The subsequent addition of the 4 parking spaces in the enclosed garage area in conjunction with the 1999 General Plan Amendment and Use Permit brought the total to 49. Since the different uses have different parking requirements, staff determined that applying the different parking requirements based on the area of each use was appropriate. Shared areas such as mechanical equipment rooms, ventilation shafts, elevators and stairways were distributed proportionally among the three proposed uses. The result is a parking requirement of 51 spaces. The applicant has proposed to add 2 spaces, as shown on the site plan, for use by employees only. The spaces will be accessed by Newport Sports Museum August 5, 2004 Page 8 employees going through the previously approved enclosed parking area via a one -way drive aisle. The City Traffic Engineer has reviewed this plan and has conditionally approved these 2 spaces pending final approval in conjunction with the issuance of building permits. Parking Breakdown Museum @ 1/300 gross 32.3 spaces (9,702/300)* Bank 1/250 gross 5.9 spaces 1,476/250 Second Floor Office 1/250 net: 12.3 spaces 3,079/250 Total Required Parking: 50.5 rounded up to 51 spaces Total Parking Provided: 51 spaces . Includes 169 square foot deduction for shared areas Zonina Code (Title 20) and Use Permit The subject property is located within the Administrative, Professional and Financial Zone. The existing professional office (Hamilton Company) and future bank use (La Jolla Bank) are permitted in the APF zoning district. The existing gym is expected to relocate to another site in the City within the next several months. The proposed sports museum, as a primary use, requires the approval of a Use Permit. As mentioned, the existing sports museum is operating under a Planning Director's Use Permit as an ancillary use to the office use. Since the museum is proposing to expand by over 3,500 square feet and occupy over 7,000 square feet on the first floor in addition to second floor office space, staff believes that it no longer can be viewed as an ancillary use and full Use Permit must be approved. The museum is owned and operated by John Hamilton who also runs The Hamilton Company. Both enterprises share office space on the second floor of the building. The museum is open free of charge to the public Monday thru Friday, 9:00 A.M. to 6:00 and Saturday 10:00 A.M. to 3:00 P.M. and is a registered 501(c)(3) non - profit organization. According to the applicant, most guests of the museum are school, church and youth groups, which are typically bused to the facility. The museum collection includes a wide variety uniforms, equipment and artwork from professional, collegiate and amateur sports. The proposed first floor addition is a visitor interactive area with a %: court basketball area where demonstrations and group meetings can be held. The museum is also available for rent for private parties, meetings and receptions. In order for the Planning Commission to approve the requested Use Permit, the following findings must be made. Newport Sports Museum August 5, 2004 Page 9 T. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The proposed Museum is in the APF zoning district which is predominately an office zone but, also accommodates support retail and service uses. The museum is located in a professional office district and directly across from the Fashion Island regional mall. The museum itself includes professional offices and shares the building with professional office uses and eventually a bank both of which permitted by right in the APF district. Additionally, the museum, albeit in a smaller capacity, has been operating at this location since 1999 and has not proven to conflict with surrounding uses or proven inconsistent with the APF zoning district. It is not likely the expanded use will prove inconsistent with the surrounding area in staffs opinion. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The museum use is consistent with the Administrative, Professional and Financial Commercial General Plan Land Use designation and the purpose of the APF district. The museum is located in a professional office development, directly across Newport Center Drive Fashion Island, a major resident and visitor serving shopping mall, provides the required parking and only minor peak hour trip increases are projected. The operational characteristics and function of the museum at this location will not substantially change from that of the existing museum which, has not proven to be detrimental to the surrounding area or the City. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. A museum use is permitted in the APF zoning district with the approval of a Use Permit. The project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized or eliminated to greatest extent possible. No specific provisions for museums are contained in the municipal code other than a slightly lower parking standard Staff believes the findings to approve the museum use can be made and recommended conditions of approval have been included in the draft resolution. Staff has not included a condition of approval regarding hours of operation. Given the nature of a museum use and the location of the proposed museum, staff believes that flexibility in hours should Newport Sports Museum August 5, 2004 Page 10 be permitted so the museum can operate outside of typical business hours for special showings, openings and other events typically associated with a museum use. However, staff has included a condition of approval (No. 19) requiring approval of a Special Event Permit pursuant to Municipal Code Section 5.10 when applicable. ENVIRONMENTAL REVIEW This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). This class allows for additions of up to 2,500 square feet to existing buildings. PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. No written correspondence or any public inquiries have been received as of the writing of this report. CONCLUSION Staff believes the proposed General Plan Amendment does not conflict with the policies identified in the Land Use Element, does not exceed any of the thresholds for a vote established by charter section 423 and that the modest 1,550 square foot increase in floor area within the statistical area can be supported. Additionally, staff believes that the Use Permit request for the museum expansion can also be supported, as the museum use has been operating at the same location since 1999 and has not proven to detrimental to the surrounding are or the City and the fact that all applicable development regulations are complied with. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the General Plan Amendment No. 2004 -001 and Use Permit No. 2004 -017 to the City Council by adopting the attached draft resolution. Prepared by: Submitted by: —Gregg B. Ramirez, Associate Planner Patricia L. Temple, Plahning Director Newport Sports Museum August 5, 2004 Page 11 Exhibits: 1. Resolution No. 2004- ; findings and conditions of approval 2. Applicant Letter 3. GPA 99- 2(E)IPDUP No. 40 City Council Staff Report and Hearing Minutes 4. Project Plans EXHIBIT NO. 1 Resolution No. 2004- ; findings and conditions of approval i9- RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2004 -001 AND USE PERMIT NO. 2004 -017, THAT WOULD INCREASE THE DEVELOPMENT ALLOCATION OF BLOCK 100 BY 1,550 SQUARE FEET FOR A MUSEUM USE IN THE ADMINISTRATIVE, PROFESSIONAL AND FINANCIAL DISTRICT FOR PROPERTY LOCATED AT 100 NEWPORT CENTER DRIVE (PA2004 -092) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by John Hamilton, owner of property identified as 100 Newport Center Drive and legally described as Parcel No. 1 of Resubdivision No. 498, requesting approval of a General Plan Amendment to increase the development allocation of Statistical Area L1 (Block 100 — Gateway Plaza) by 1,550 square feet to accommodate the enclosure of a 780 square foot patio area and an as -built 770 square foot second floor addition constructed without the benefit of proper permits. The requested Use Permit application seeks approval for the establishment of a cultural institution (Newport Sports Museum) as a primary use in the APF zoning district. WHEREAS, a public hearing was held on August 5, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared which, sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including commercial floor area limitations. WHEREAS, the General Plan provides for a sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed amendment does not impact the diversity of land uses but only modestly increases the intensity of existing uses. WHEREAS, the City's General Plan dictates that the City insure redevelopment of older or underutilized properties and preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The project consists of an increase in the development allocation of 1,550 square feet, which will not result in an increase in traffic levels beyond the projected capacity and levels of service of the circulation system. 13 City of Newport Beach Planning Commission Resolution No. _ Page 2 of 7 WHEREAS, the City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The project has been designed to be physically compatible with the existing and surrounding professional office and commercial developments. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represents an increase of 4.65 — A.M. and 4.128 — P.M. peak hour trips, 1,550 square feet of non - residential floor area and zero residential units. These increases when added to all previous amendments do not cumulatively exceed Charter Section 423 thresholds for a vote. The project will be tracked as a prior amendment per Council Policy A -18. WHEREAS, development of the site is required to comply with the applicable City standards as outlined in the Zoning Code, for building height, setbacks, and required parking. The proposed project complies with all applicable development standards. WHEREAS, the proposed location of the use is in accord with the objectives of this Municipal Code and the purposes of the district in which the site is located because the proposed museum is located in a professional office district and directly across from the Fashion Island regional mall. The museum shares the building with professional office uses and possibly a bank, which are both permitted by right in the APF district. Additionally, the museum, albeit in a smaller capacity, has been operating at this location since 1999 and has not proven to conflict with surrounding uses or with the APF zoning district. WHEREAS, the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city because the museum use is consistent with the Administrative, Professional and Financial Commercial General Plan Land Use designation and the purpose of the APF district. The museum is located in an professional office development adjacent to office and retail uses. The site also provides the required parking and the increased intensity of use will generate only a slight increase in peak hour trips that can be accommodated by �A City of Newport Beach Planning Commission Resolution No. _ Page 3 of 7 the existing roadway system according to the Traffic Engineer. The operational characteristics and function of the museum at this location will not substantially change from that of the existing museum, which has proven to not be detrimental to the surrounding area or the City. WHEREAS, the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located because the museum use is permitted in the APF zoning district with the approval of a Use Permit. The project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized or eliminated to greatest extent possible. WHEREAS, in conjunction with the consideration of the subject amendment to the Land Use Element of the General Plan and the Use Permit, the proposed project has been determined to be Categorically Exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby recommends approval of General Plan Amendment No. 2004 -001 per the revised estimated growth table depicted in Exhibit "A" and Use Permit No. 2004 -017 to City Council subject to the Conditions set forth in Exhibit "B ". Section 2. This action shall take effect immediately upon adoption. PASSED, APPROVED AND ADOPTED THIS 5T" DAY OF AUGUST 2004. BY: Larry Tucker, Chairman M Jeffrey Cole, Secretary AYES: ABSENT: 15 City of Newport Beach Planning Commission Resolution No. Page 4 of 7 Exhibit "A" Newport Center (Statistical Area 1-1) 10. Block 100 - Gateway Plaza. This area is bounded by Newport Center Drive, Anacapa Drive and Farallon Drive. The site is designated for Administrative, Professional and Financial Commercial land use and is allocated 497,545 199,095 sq.ft. of office development. Support retail commercial uses are also allowed within this development allocation. J� ESTIMATED GROWTH FOR STATISTICAL AREA L1 Residential (in du's) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Block 0 0 0 246,146 432,320 186,174 2. Block 100 0 0 0 196,545 497,,545 4899 199,095 2,550 3. Block 200 0 0 0 207,781 207,781 0 4. Block 300 0 0 0 130,408 134,908 4,500 5. Block 400 0 0 0 440,118 440,118 0 6. Block 500 0 0 0 377,170 377,170 0 7. Block 600 0 0 0 1,284,134 1,426,634 142,500 8. Block 700 0 0 0 327,671 327,671 0 9. Block 800 0 245 245 253,984 253,984 0 10. Block 900 67 67 0 616,630 625,630 9,000 11. Civic Plaza 0 0 0 365,160 456,710 91,550 12. Corporate Plaza 0 0 0 15,000 115,000 100,000 13. Tennis Club 0 0 0 0 0 0 14. NB Country Club 0 0 0 0 0 0 15. Amling's 0 0 0 3,960 5,000 1,040 16. Villa Point 0 228 228 0 0 0 17. Sea Island 132 132 0 0 0 0 18. Fashion Island 0 0 0 1,603,850 1,633,850 30,000 19. Newport Village 0 0 0 55,000 170,000 115,000 TOTAL 199 672 473 6,123,557 6894,E X64 6.805.871 538.264 Population 394 1,331 937 Revised ! ootaonoog J� City of Newport Beach Planning Commission Resolution No. Page 5 of 7 Exhibit "B" CONDITIONS OF APPROVAL Use Permit No. 2004 -17 The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building sections dated July 15, 2004 and building elevations dated April 21, 2004, except as modified by applicable conditions of approval. 3. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 6. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 7. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 8. Use Permit No. 2004 -017 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 11 City of Newport Beach Planning Commission Resolution No. Page 6 of 7 10. The enclosed parking area shall be made available for the exclusive use of museum employees who shall access said spaces via the one -way drive aisle. The garage spaces, as shown on the approved plans, shall remain clear of obstruction and made available for the parking of employee vehicles at all times. No conversion of the garage spaces to other use is permitted. 11. Prior to the issuance of building permits, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. The location, number as dimensions of the parking spaces shall be in substantial conformance the approved site plan and floor plan dated July 15, 2004. 12. Prior to the final of building permits, the two new parking spaces as shown on the approved site plan shall be striped and signed for employee parking only to the satisfaction of the City Traffic Engineer. Employees using these spaces shall access said spaces via the one -way drive aisle through the enclosed garage. 13. Prior to the issuance of building permits. Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 14. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 15. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. J� Between the hours of Between the hours of TOOAM and 10:OOPM and 10:OOPM 7:OOAM Location Interior I Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 5OdBA ro ert Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 15. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. J� City of Newport Beach Planning Commission Resolution No. Page 7 of 7 16. No outside paging or amplified audio system shall be utilized in conjunction with this establishment. 17. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure. 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specked in the Newport Beach Municipal Code to require such permits. 20. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Newport Beach Building Department and the Fire Department. 21. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 22. Within 90 days from the effective date of this action a building permit for the existing second floor office area shall be obtained. 0 EXHIBIT NO. 2 Applicant Letter 0 June 15, 2004 b ;• a. 1 DIM IT N: a: .d an .a �a.: ,va , r . RM VA N' MP.. . W1R. Jr. 6'&: , W W ,C0,1w, wYa4 v Tia �e+s`•masse . Fu 818 i1144MM ..' . ABAR Foundation Dear Mr. Ramirez: The Newport Sports Museum wishes to expand its facility and add an interactive area. It is our hope that this addition of approximately 600 sq. ft. of high interactive space can be included into the gross square footage of our building, then totaling 14,869 sq. ft. The space will be used for a basketball court and be used exclusively by museum guests. We currently share the building with a women's exercise and physical therapy facility, and most of that space will be incorporated into the museum. The remainder of the bottom floor (approximately 1,200 sq. ft.) will be occupied by La Jolla Bank for a small branch. Our facility is open sic days a week (Monday - Friday, 9:00 a.m. — 6:00 p.m., and Saturday, 10:00 a.m. — 3:00 p.m.) and serves the public in many ways, free of charge. Most of the guests visiting the museum are schools, churches, teams, and other youth groups that are bussed to the facility where the youngsters meet with one of our famous athletes for mentoring and instruction. This use does not require the parking demand that office space needs and should provide little or no increase from the parking currently needed for the lesser square footage in use today. Enclosed are some brochures and information on our nonprofit facility and all of the fine things it does for our community. Should you or any other staff members require further information, please feel free to contact me at your earliest convenience. ncerely yours, I Yv Joh W. Hami n �._ P�reident JWH /cns Enclosure A. Gary Anderson Foundation Colbaugh Family Fidelity National Tide IYJC Si'IVl "J RCmwnox/a6ullc y Nation TE, may up. Moorad La Jolla Bank SPORTS MANAGEMENT, INC. Dreier Family Sykes Family Vueovich Family ` PEPS% US ST$R 8 ` ® T ,gjan. a Mr. Greg Ramirez Planning Department City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658-8915 Re: Newport Sports Museum b ;• a. 1 DIM IT N: a: .d an .a �a.: ,va , r . RM VA N' MP.. . W1R. Jr. 6'&: , W W ,C0,1w, wYa4 v Tia �e+s`•masse . Fu 818 i1144MM ..' . ABAR Foundation Dear Mr. Ramirez: The Newport Sports Museum wishes to expand its facility and add an interactive area. It is our hope that this addition of approximately 600 sq. ft. of high interactive space can be included into the gross square footage of our building, then totaling 14,869 sq. ft. The space will be used for a basketball court and be used exclusively by museum guests. We currently share the building with a women's exercise and physical therapy facility, and most of that space will be incorporated into the museum. The remainder of the bottom floor (approximately 1,200 sq. ft.) will be occupied by La Jolla Bank for a small branch. Our facility is open sic days a week (Monday - Friday, 9:00 a.m. — 6:00 p.m., and Saturday, 10:00 a.m. — 3:00 p.m.) and serves the public in many ways, free of charge. Most of the guests visiting the museum are schools, churches, teams, and other youth groups that are bussed to the facility where the youngsters meet with one of our famous athletes for mentoring and instruction. This use does not require the parking demand that office space needs and should provide little or no increase from the parking currently needed for the lesser square footage in use today. Enclosed are some brochures and information on our nonprofit facility and all of the fine things it does for our community. Should you or any other staff members require further information, please feel free to contact me at your earliest convenience. ncerely yours, I Yv Joh W. Hami n �._ P�reident JWH /cns Enclosure A. Gary Anderson Foundation Colbaugh Family Fidelity National Tide IYJC Si'IVl "J RCmwnox/a6ullc y Nation TE, may up. Moorad La Jolla Bank SPORTS MANAGEMENT, INC. Dreier Family Sykes Family Vueovich Family ` PEPS% US ST$R 8 ` ® T ,gjan. a EXHIBIT NO. 3 GPA 99- 2(E) /PDUP No. 40 City Council Staff Report and Hearing Minutes N zc��R, CITY OF NEWPC Z BEACH o`` D COMMUNITY AND ECONOMIC DEVELOPMENT �s PLANNING DEPARTMENT °'<,Fna"�� 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: General Plan Amendment 99 -2(E) Scot E. Ferris 644 -3231 SUMMARY: Request to expand the second floor office area in an existing building by approximately 882 square feet. Also included is a request to relocate a small sports memorabilia museum, known as the Newport Sports Collection Foundation, into the bottom floor of the building. The project involves the approval of: • a General Plan Amendment to permit additional development since there is no additional floor area allocated in this part of Newport Center, and; • a Use Permit to permit a sports memorabilia museum as an accessory use to the principal office use. SUGGESTED ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No. for GPA 99 -2(E) 3) Approve Directors Use Permit No. 40 Planning Commission Action The Planning Commission considered this item at its meeting of September 9, 1999, at which time they recommended one additional condition (concerning the ficus trees on the Newport Center frontage). A copy of the report to the Planning Commission and the draft minutes of the September 9, 1999 Planning Commission meeting are attached, which provide the details of each request. Submitted by: Sharon Z. Wood Assistant City Manager Prepared by: SCOT E. FERRIS Associate Planner �3 Attachments: Resolution No. Draft Minutes of September 9, 1999 Planning Commission Meeting Planning Commission staff report General Plan Amendment 99 -2 (E) September 27, 1999 Page 2 �� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN WHEREAS, as part of the development. and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, it has been determined that the proposed development is consistent with General Plan Policy B, since the development does not have an ADT rate of more than 300 daily trips and will not result in an increase in traffic; and WHEREAS, on June 24, 1999, and September 9, 1999 the Planning Commission of the City of Newport Beach conducted a public hearing regarding General Plan Amendment 99 -2(E) at which time this amendment to the Land Use Element was discussed and determined to be consistent with the goals of the Newport Beach General Plan; and WHEREAS, on September 27, 1999 the City Council, of the City of Newport Beach held a public hearing regarding General Plan Amendment 99 -2(E); and WHEREAS, the public was duly noticed of these public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the project is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act and the project would not have a significant effect on the environment; and THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: a5. Statistical Area L1 (Newport Center) Block 100, and the Estimated Growth for Statistical Area L 1 Table of the General Plan shall be amended to read as follows:, Newport Center (Statistical Area Ll) 2. Block 100 - Gateway Plaza. This area is bounded by Newport Center Drive, Anacapa Drive and Farallon Drive. The site is designated for Administrative, Professional and Financial Commercial land use and is allocated 196,545 square feet of office development. Support retail commercial uses are also allowed within this development allocation. ESTIMATED GROWTH FOR STATISTICAL AREA LI Residential (in du's) Commercial (in square feet) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Block 0 0 0 0 246,146 432,320 186,174 2. Block 100 0 0 0 196,545 197,427 882 3. Block 200 0 0 0 207,781 207,781 0 4. Block 300 0 0 0 130,408 134,908 4,500 5. Block 400 0 0 0 440,118 440,118 0 6. Block 500 0 0 0 377,170 377,170 0 7. Block 600 0 0 0 1,284,134 1,426,634 0 8. Block 700 0 0 0 327,671 327,671 0 9. Block 800 0 245 245 253,984 253,984 0 10. Block 900 67 67 0 616,630 622,630 6,000 11. Civic Plaza 0 0 0 365,160 456,710 91,550 12. Corporate 0 0 0 15,000 115,000 100,000 Plaza 13. Tennis Club 0 0 0 0 0 0 14, NB Country 0 0 0 0 0 0 Club 15. Amling's 0 0 0 3,960 5,000 1,040 16. Villa Point 0 228 228 0 0 0 17. Sea Island 132 132 0 0 0 0 18. Fashion Island 0 0 0 1,603,850 1,633,850 30,000 19. Newport 0 0 0 55,000 170,000 115,000 Village TOTAL 199 672 473 6,123,557 6,801,203 535,146 Population 394 1,331 937 Revised 08/30/99 BE IT FURTHER RESOLVED that the development authorized by this action is allocated to 100 Newport Center Drive, Newport Beach. This resolution was adopted at a regular meeting of City Council of the City of Newport Beach held on the 27th day of September 1999, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST CITY CLERK r City of Newport Beach Planning Commission Minutes September 9, 1999 Ayes: Tucker, Selich, Gifford. Kranzley, Hoglund Noes: Ashley Recused: Fuller Abstain: None SUBJECT: Newport Sports Collection Foundation 100 Newport Center Drive General Plan Amendment No. 99 -2 (E) • Planning Directors Use Permit No. 40 Request to expand the second floor office area in an existing building by approximately 882 square feet. Also included is a request to relocate a small sports memorabilia museum, known as the Newport Sports Collection Foundation, into the bottom floor of the building. The project involves the approval of: • a General Plan Amendment to permit additional development since there is no additional allowable development in this part of Newport Center, and; • a Use Permit to permit the use of the sports memorabilia museum as an accessory use to the principal permitted office use. Commissioner Kranzley stepped down from the dais because of a possible conflict of interest. John Hamilton, President of the Newport Sports Collection Foundation at Commission inquiry, stated that he had asked the Irvine Company about the opportunity to replace some of the ficus trees along Newport Center Drive. The indication was to present a detailed landscape plan. Chairperson Selich asked if he had any concerns about a condition to retain those trees as part of this application. These parcels were developed as one parcel and the trees were planted along Newport Center Drive in the setback area. As part of the design concept. I am concerned with the removal of trees, as it will destroy that concept. Mr. Hamilton answered that he has received a report from an arborist concerning the conditions of those trees and that there may be issues of safety concerns and ability to survive. He does not see the relation between the trees and what is being asked for. If the arborist shows that the trees are diseased or need to be replaced. I will be reasonable with what would be replanted. INDEX Item No. 2 GPA 99 -2 (E) PDUP No. 40 Recommended for approval 8 i,✓' City of Newport Beach Planning Commission Minutes September 9, 1999 INDEX Commissioner Fuller asked about the display area and that it would remain as part of the building. Would you object to a condition that, this approval if granted, would restrict that use to display area? Mr. Hamilton agreed, he said that it would be undesirable as office space as there are no windows in that area and is part of a vault. Mrs. Wood noted that the parking provided is at an office rate. If this area were converted back to office, we would still be in compliance with the parking requirement. Office is the primary use permitted at this site. The display area is the unusual part that requires a use permit. Commission Tucker noted that this use permit is to move a museum that is otherwise located in Newport Center to this location, which in my mind is more conducive to public viewing than the existing location. Commissioner Hoglund stated that staff would recommend approval of this expansion of 882 square feet. Are we saying that the expansion is okay because we need more office space? Or, if we approve an extra 882 square feet because it is a museum, then we should put a condition that it has to remain part of that space. If it is not going to remain a museum, than we should not bring up the fact that it is a museum as part of the approval process. Mrs. Wood stated that if that would be the only reason Commission would approve the additional square footage, than a condition like that would make sense. But, because it is such a small addition and staff does not believe it will have any traffic, parking or other environmental impact and since office is the primary permitted use in this area, it appears to be an abundance of caution to add this. Staff would have recommended approval if an office tenant came in and asked for an additional 882 square feet. Public comment was closed Motion was made by Chairperson Selich to recommend to City Council, approval of General Plan Amendment 99 -2 (E) and Planning Directors Use Permit No. 40 with the findings and conditions as outlined in Exhibit A with an additional condition that the ficus trees along Newport Center Drive be preserved unless the applicant submits to staff a report from a recognized arborist that the trees need to be removed. In the event of their removal that they be replaced with the largest sized trees of the some species commonly found in commercial nurseries. Chairperson Selich noted that this is an integral part of the entrance to Newport Center and by starting to selectively remove the ficus trees with no replacement than other property owner can do the same thing. The 9 Wr City of Newport Beach Planning Commission Minutes September 9, 1999 INDEX landscape plan will then be destroyed and that is part of the character along that area. This issue is part of the design guidelines being pursued now. Commissioner Tucker noted that he would like to see .a condition that if there is a change to the landscape plan, it be presented to the Planning Commission as opposed to saying that those ficus trees in that location is sacrosanct. There are "other trees in the landscape palette throughout Fashion Island that might actually be more complimentary than the ficus trees. Commissioner Gifford noted that we could insert this language regarding a landscape plan that if the applicant is going to change the landscape, he comes back to the Commission with a landscape plan. A straw vote taken indicated that the majority of the Commission wanted a condition regarding the ficus trees. Commissioner Fuller noted the resolution as written should be changed: • second and third Whereas needs to be stricken as they reference a sports museum in that area • the third Whereas should have, 'proposed sports memorabilia museum" stricken from the verbiage It was agreed to .by staff and Commission to delete the second and third recitals and edit the third recital by removing the words proposed sports memorabilia museum. Commissioner Fuller commended Mr. Hamilton for the fantastic job on. this museum. Mrs. Wood suggested that a condition regarding the preservation of trees during construction. I suggest that we recommend that the trees be protected during the construction. Motion was amended to include the changes agreed upon as well as the verbiage in the resolution. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Hoglund Noes: None Recused: Kran7Jey Abstain: None 10 4 City of Newport Beach Planning Commission Minutes September 9, 1999 FINDINGS AND CONDITIONS OF APPROVAL FC General Plan Amendment No. 99 -2(E), and Directors Use Permit No. 40 A. General Plan Amendment No. 99 -2(E): Adopt Resolution No. (Attached) recommending to the City Council the adoption of General Plan Amendment No. 99 -2(E). Planning.Directors Use Permit No. 40 Findings: The Land Use Element of the General. Plan designates the site for "Administrative, Professional and Financial Commercial" land use which allows office and uses which are accessoryto that use 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. 3. The approval of Planning Directors Use Permit No. 40 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and further, the proposed use permit related to the proposed sports memorabilia museum use is consistent with the legislative intent of Title 20 of this Code for the following reasons: The sports memorabilia museum is an accessory use of the existing office operation, which is compatible with the character of the neighborhood since surrounding uses are commercial. The proposed development fully conforms to the established development standards of Chapter20 of the Municipal Code. Adequate on -site parking is available for the existing and proposed uses. Conditions: 1. The development shall be in substantial conformance with the approved site plan, floor plan and elevations. 2. One parking space for 250 square feet of office or museum use shall be provided on -site. 11 INDEX 31 City of Newport Beach Planning Commission Minutes September 9, 1999 3. No outdoor loudspeaker or paging system shall be permitted in conjunctionwith the sports memorabilia museum operation. 4. The existing ficus trees on the Newport Center Drive frontage shall be retained, and protected during construction, unless an arborist report shows that the trees are diseased and should be removed. They shall be replaced with another equal amount of trees of the some species in the largest size commonlyfound in commercial nurseries. Standard Requirements: t. The project shall comply with State Disabled Access requirements. 2. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. The proposed sports memorabilia museum facility and related structures shall conform to the requirements of the Uniform Building Code. 6. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 7. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal. Code. 12 INDEX 5P rEW Pogr CITY OF NEW_ AT BEACH d M COMMUNITY and ECONOMIC DEVELOPMENT n PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Agenda Item No.: Staff Person: Council Review:: REPORT TO THE PLANNING COMMISSION PROJECT: Newport Sports Collection Foundation 100 Newport Center Drive 7 Scot E. Ferris (949) 644 -3231 Automatic PURPOSE OF APPLICATION: Request to expand the second floor office area in an existing building by approximately 882 square feet. Also included is a request to relocate a small sports memorabilia museum, known as the Newport Sports Collection Foundation, into the bottom floor of the building. The project involves the approval of: • a General Plan Amendment to permit additional development since there is no additional allowable development in this part of Newport Center, and; • a Use Permit to permit the use of the sports memorabilia museum as an accessory use to the principal permitted office use. ACTION: Recommend to City Council approval, modification or denial of: • General Plan Amendment No. 99 -2(E), and • Planning Directors Use Permit No. 40 LEGAL DESCRIPTION: Parcel 1, as shown on Page 32 in Book 76 in a map of recorded Miscellaneous Maps Records of Orange County. ZONE: APF (Administrative, Professional and Financial Commercial) OWNER I Marguerite Parkway Properties, LLC. Points and Authority Conformance with the General Plan and Zoning • The Land Use Element of the General Plan designates the site as Block 100 — Gateway Plaza. The site is designated for Administrative, Professional and Financial Commercial land use and is allocated 196,545 square feet of office development. The proposed additional floor area of the second floor office area will increase the square footage of Block 100 — Gateway Plaza above that which is allocated by the Land Use Element. The applicant is therefore proposing a General Plan Amendment to increase the permitted gross floor area on the site. • Use permit procedures and requirements are set forth in Chapters 20.91 of the Municipal Code. Environmental Compliance (California Environmental Quality Act) • It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 ` Page 2 R t{I VICINITY MAP General Plan Amendment No. 99 -2(E) t Subject Property and. Surrounding Land Uses Current Development A two -story former bank building with related off -street parking. To the north: Across Newport Center Drive is the Fashion Island Regional Mall. To the east A Surface Parking lot To the south: Are Office Buildings and a Surface Parking Lot. To the west: Across Newport Center Drive are the Granville Apartments GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 3 Background The existing 11,325 square foot building was established in 1975 as a savings and loan. The building is currently being converted into general- purpose office use. The Planning Commission initiated General Plan Amendment 99 -2 (E) at its meeting of June 24, 1999. This General Plan Amendment was a proposal to increase the development allocation in Block 100 of Newport Center to allow additional office space in conjunction with the establishment of a sports memorabilia museum. Analysis The Hamilton Company currently operates a small sports memorabilia museum in an existing office space in Block 600 of Newport Center. They now wish to relocate their corporate offices and the Museum, known as the Newport Sports Collection Foundation, into an existing building at 100 Newport Center Drive. The project is located in the southern section of the building. The remaining part of the building will continue to be used for general office use. The 882 square feet addition is proposed on the second floor with the sports memorabilia museum located on the first floor. The additional 882 square feet will be created by adding a 21 foot by 42 foot second floor over an existing 2 -story interior atrium. There will be no change in the external building envelope. In addition, this project will create 4 new parking spaces in the area where the drive -up teller approach was located. The project area currently contains a total gross square footage of approximately 7,013 square feet As shown on the floor plan, the first floor (approximately 3,533 square feet) consists of 2,996 square feet of museum display area, 295 sq. ft of stairway and elevator area, 165 square feet of toilet room area and 77 sq. ft of enclosed non accessible area The second floor (approximately 3,480 square feet) consists of 2,999 square feet of usable office area, 155 sq. ft of stairway and elevator area, 277 square feet of toilet room area and 42 sq. ft of enclosed non - accessible area. General Plan Amendment The Land Use Element of the General Plan is a long range planning document setting forth the City's policies for the use of land. The objective of the Land Use Element is to provide an orderly balance of residential and commercial uses with an emphasis on preserving the quality of life in the City. Block 100 — Gateway Plaza is allocated 196,545 square feet of office development. The adopted development limits do not provide for sufficient further growth on this site to accommodate the. proposed development. However, amendments to the General Plan may be approved with the finding that the amendment is consistent with the intent and policies of the General Plan. GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 4 �� General Plan Policy B allows for some modest growth provided that traffic does not exceed the level of service desired by the City. Analysis of the development shows that the additional office will produce 12 additional daily trips and the conversion of office to museum will result in 25 additional daily trips. The total additional 37 trips is considered to be insignificant in the Newport Center Area, and intersections will stay within the predicted Level of Service contained in the Circulation Element. Therefore, approval of this amendment would be consistent with this policy. General Plan Policy L provides for the City to promote the prosperity of its commercial districts through the adoption of appropriate development regulations, so those districts reflect and complement the high quality of its residential areas. As previously stated, the proposed amendment will provide for additional professional and business office space. Professional and office uses are an integral part of an important commercial district in Newport Beach. It is the opinion of staff that an addition of 882 square feet of office to the interior of an existing building will improve the prosperity of Block 100 — Gateway Plaza and the overall Newport Center area by increasing the availability of quality office space in the area. Therefore, the amendment meets the intent of General Plan Policy L. Use Permit The project site is in the APF Zoning District, consistent with the General Plan land use designation. This district allows uses which are accessory to the principal permitted uses such as offices with a use permit. This project is somewhat unique, since the small sports memorabilia museum is operated in a fashion which is accessory to the corporate office activity of the applicant. In this case, staff is of the opinion that the use is compatible with the surrounding uses and will not be detrimental to the neighborhood since it has operated in a similar setting for many years with no problems. Off - Street Parkin This project has two issues related to parking — the addition of 882 square feet of office use and the parking needs for the museum. The subject site currently contains 45 parking spaces. The Municipal Code has a parking requirement of 1 parking space per 250 square feet for commercial office uses. This project will create 4 new parking spaces in the area where the drive -up teller approach was located, thus fulfilling the additional parking need. The Municipal Code establishes the parking requirement for cultural institutions at one space for each 300 square feet. This is a slightly lower requirement than that provided for office uses and, if applied in this case, would reduce the parking requirement by 2 spaces. Since the museum area could be readily converted back to office occupancy without further review of the City, staff has included a condition to require parking at one spare for each 250 square feet. Therefore staff is of the opinion that the number of on -site parking spaces is adequate. GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 5 !� Recommendations The adoption and amendment of the General Plan is considered a legislative act on the part of the City, and State Planning Law does not set forth any required findings for either approval or denial of a General Plan Amendment. The existing office building is consistent with the General Plan and the added sports memorabilia museum is accessory to the principal use. The proposed increase in permitted floor area is consistent with General Plan policies because adverse traffic impacts are not anticipated in association with the project and adequate parking is provided. Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare 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. Based on the analysis contained in this report, staff is of the opinion that findings for approval of the use permit can be made for the sports memorabilia museum since the facility will be integrated into the existing office site development and will comply with the objectives of the City's Zoning Code. The parking requirement and demand of the site can be adequately met by the parking provided on site. Additionally, due to the highly developed character of the surrounding land, the development will not change the character of the existing development on the neighborhood. Should the Planning Commission wish to approve Planning Directors Use Permit No. 40, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff cannot reasonably conceive of findings for denial since the sports memorabilia museum use conforms to the requirements of the Title 20 of the Municipal Code and does not appear to have any detrimental effect on the surrounding neighborhood. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action. Submitted by: Prepared by: PATRICIA L. TEMPLE SCOT E. FERRIS Planning Director Associate Planner C' 116121 Im" Attachments: Exhibit "A" Resolution Site Plan, Floor Plan and Elevations F: \USERS \PLN\SHARED \1 PLANCOM\1999\0949 \GPA99.2E.RPT GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 6 �r/ EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR General Plan Amendment No. 99 -2(E), and Directors Use Permit No. 40 A. General Plan Amendment No. 99 -2(E): Adopt Resolution No. _ (Attached) recommending to the City Council the adoption of General Plan Amendment No. 99 -2(E). B. Planning Directors Use Permit No. 40 Findings: 1. The Land Use Element of the General Plan designates the site for "Administrative, Professional and Financial Commercial' land use which allows office and uses which are accessory to that use 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. The approval of Planning Directors Use Permit No. 40 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and further, the proposed use permit related to the proposed sports memorabilia museum use is consistent with the legislative intent of Title 20 of this Code for the following reasons: The sports memorabilia museum is an accessory use of the existing office operation, which is compatible with the character of the neighborhood since surrounding uses are commercial. The proposed development fully conforms to the established development standards of Chapter 20 of the Municipal Code. Adequate on -site parking is available for the existing and proposed uses. Conditions: 1. The development shall be in substantial conformance with the approved site plan, floor plan and elevations. 2. One parking space for 250 square feet of office or museum use shall be provided on -site. 3. No outdoor loudspeaker or paging system shall be permitted in conjunction with the sports memorabilia museum operation. GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 7 �(� Standard Requirements: 1. The project shall comply with State Disabled Access requirements. 2. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. The proposed sports memorabilia museum facility and related structures shall conform to the requirements of the Uniform Building Code. 6. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 7. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. GPA 99 -2(E) Directors Use Penvit No. 40 September 9, 1999 Page 8 y� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the proposed amendments would allow the sports memorabilia museum which is consistent with the policies of the Zoning and the General Plan; and WHEREAS, it has been determined that the proposed development is consistent with General Plan Policy A, since the sports memorabilia museum is a support or accessory use to the primary office use, and supports community needs; and WHEREAS, it has been determined that the proposed development is consistent with General Plan Policy B, since the proposed sports memorabilia museum development does not have an ADT rate of more than 300 daily trips and will not result in an increase in traffic; and WHEREAS, on June 24, 1999, the Planning Commission of the City of Newport Beach conducted a public hearing regarding General Plan Amendment 99 -2(E) at which time this amendment to the Land Use Element was discussed and determined to be consistent with the goals of the Newport Beach General Plan; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the project is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act and the project would not have a significant effect on the environment; and GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 9 ql NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City. of Newport Beach does hereby recommend that the City Council of the City of Newport Beach amend the Land Use Element, Statistical Area L 1 (Newport Center) Block 100, and the Estimated Growth for Statistical Area L1 Table of the General Plan to read as follows: GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 10 LIP-, Newport Center (Statistical Area Ll) 2. Block 100 - Gateway Plaza. This area is bounded by Newport Center Drive, Anacapa Drive and Farallon Drive. The site is designated for Administrative, Professional and Financial Commercial land use and is allocated 196,545 square feet of office development. Support retail commercial uses are also allowed within this development allocation. GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 11 q5 ESTIMATED GROWTH FOR STATISTICAL AREA Ll Residential (in du's) Commercial (in square feet) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Block 0 0 0 0 246,146 432,320 186,174 2. Block 100 0 0 0 196,545 197,427 882 3. Block 200 0 0 0 207,781 207,781 0 4. Block 300 0 0 0 130,408 134,908 4,500 5. Block 400 0 0 0 440,118 440,118 0 6. Block 500 0 0 0 377,170 377,170 0 7. Block 600 0 0 0 1,284,134 1,426,634 0 8. Block 700 0 0 0 327,671 327,671 0 9. Block 800 0 245 245 253,984 253,984 0 10. Block 900 67 67 0 616,630 622,630 6,000 11. Civic Plaza 0 0 0 365,160 456,710 91,550 12. Corporate 0 0 0 15,000 115,000 100,000 Plaza 13. Tennis Club 0 0 0 0 0 0 14. NB Country 0 0 0 0 0 0 Club 15. Amling's 0 0 0 37960 5,000 1,040 16. Villa Point 0 228 228 0 0 0 17. Sea Island 132 132 0 0 0 0 18. Fashion Island 0 0 0 1,603,850 1,633,850 30,000 19. Newport 0 0 0 55,000. 170,000 115,000 Village TOTAL .199 672 473 6,123,557 6,801,203 535,146 Population 394 1,331 937 Revised 08/30199 GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 11 q5 BE IT FURTHER RESOLVED that the development authorized by this action is allocated to 100 Newport Center Drive, Newport Beach. I ADOPTED this 9th day of September 1999, by the following vote, to wit: Edward Selich, Chairman Richard A. Fuller, Secretary AYES NOES ABSENT GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 12 �, City of Newport Beach City Council Minutes September 27, 1999 INDEX • traffic would be directed out of the neighborhoods. The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: Thomson Abstain: None Absent: Noyes PUBLIC COMMENTS Jack Sedler, 260 Cagney Lane, #119, apologized to the Mayor and the City Council for his behavior at the previous City Council meeting. He stated that he thinks there are people who would be willing to put up money to keep the Cannery and Snug Harbor open. He stated that both are assets to the City and should not be closed. He further stated that he had talked to Bill Campbell and Mr. Campbell is willing to let someone else take control. Allan Beek, 2007 Highland, stated that the decision has been made on the traffic phasing ordinance (TPO), but he said that it still needs to be decided if the City dislikes congestion more or the infrastructure it takes to avoid the congestion. He said that the amended TPO gave the City the power to collect money ahead of time for intersections before they get congested. He stated, however, that the City must have a plan regarding what improvements will be made to the infrastructure, how much building will be allowed, how will streets be designed and how much new traffic will be . generated. PUBLIC HEARINGS 30. GENERAL PLAN AMENDMENT 99 -2(E) - REQUEST TO EXPAND Res 99 -69 THE SECOND FLOOR OFFICE AREA IN AN EXISTING BUILDING GPA 99.2(E)t BY APPROXIMATELY 882 SQUARE FEET AND A REQUEST TO Directors Use RELOCATE A SMALL SPORTS MEMORABILIA MUSEUM, KNOWN Permit 401 AS THE NEWPORT SPORTS COLLECTION FOUNDATION, INTO 100 Newport Center Dr. THE BOTTOM FLOOR OF THE BUILDING — REQUIRES THE (45) APPROVAL OF A GENERAL PLAN AMENDMENT TO PERMIT ADDITIONAL DEVELOPMENT SINCE THERE IS NO ADDITIONAL FLOOR AREA ALLOCATED IN THIS PART OF NEWPORT CENTER AND THE APPROVAL OF A USE PERMIT TO PERMIT A SPORTS MEMORABILIA MUSEUM AS AN ACCESSORY USE TO THE PRINCIPAL OFFICE USE (100 NEWPORT CENTER DRIVE). Planning Director Patty Temple stated that the Planning Commission recommended approval of both the general plan amendment and the use permit. She added that a general plan amendment was required because of the lack of available development allocation in that part of Newport Center. The Planning Commission identified one major issue, which was the maintenance of some existing trees in the vicinity of the project. As a result • of this concern, they added a condition of approval to the use permit that addressed the maintenance of the existing trees and their replacement, if they needed to be removed. Volume 53 - Page 22 City of Newport Beach City Council Minutes September 27, 1999 • Council Member Adams asked for a clarification as to why the trees were tied to the application. Ms. Temple stated that the trees are along Newport Center Drive and have been on the property since the initial development. She stated that the Planning Commission is embarking on a program that may consider some design criterion consistent with the original design concepts of Newport Center, and felt that existing landscaping should be maintained until the decisions on the program are made. Council Member Adams asked if the applicant was proposing to remove trees. Ms. Temple responded by saying that the applicant indicated to the Planning Commission that one or more trees may be diseased or in an unsafe condition, and that he may not want to replace the trees with the same species. Council Member Adams asked if The Irvine Company had any control over the landscape palate. Ms. Temple stated that the property may be one of the few in Newport Center that does not have ongoing review by The Irvine Company. Council Member Glover stated that this will be a problem throughout Newport Center until the design framework is completed because The Irvine Company sold some parcels of land in the 1980'x. She stated that she would prefer that The Irvine Company had stronger Special Land Use Restrictions . (SLURS). Ms. Temple confirmed for Council Member Glover that the applicant would not be able to remove the trees if the City Council upheld the decision of the Planning Commission. And, that the general plan amendment was being processed in the normal fashion_ Council Member Ridgeway confirmed that there is one set of ficus trees in a boulevard landscape area and another set adjacent to the building. Ms. Temple confirmed that the applicant only has the ability to deal with trees on his own property. Council Member Ridgeway stated that he was surprised that the Planning Commission took action on trees on private property- Mayor O'Neil opened the public hearing. John Hamilton, the applicant, stated that the trees are on his property, were planted improperly and were determined by an arborist to be diseased and possibly unsafe due to the roots aboveground. He said it is not his intention to remove the trees and not replant something in their place. He stated that it would be a physical impossibility to replace the trees with the same species and size as being removed, and as recommended by the Planning Commission. He confirmed for Mayor O'Neil that he is in agreement with the lest of the recommendations. There being no further testimony, Mayor O'Neil closed the public hearing. • Motion by Council Member Ridgeway to adopt Resolution No. 99 -69 for GPA 99 -2(E); and approve Directors Use Permit No. 40 with the deletion of Condition No. 4, recommended by the Planning Commission, and allow the INDEX Volume 53 - Page 23 �10 iance has been working on the completion of the second Environmental Impact Report (EIR). He stated that the EIR will be due for public comment Volume 53 - Page 24 41 City of Newport Beach City Council Minutes September 27, 1999 INDEX applicant to remove the trees on his private property and replace them with a species of his choice (if so desired). Council Member Glover stated that she would not be supporting the motion because she does not want to see hodgepodge occur in the Newport Center area. She feels that the design framework should be developed before any existing landscaping is changed. Council Member Adams stated his concern about the row of trees along the street and is glad they are not being disturbed. He asked for a clarification of the motion and if the applicant would be required to replace the trees with landscaping of some kind. Council Member Ridgeway stated that the motion allows the applicant the freedom to replace the trees with whatever he wants. Council Member Adams asked if the applicant would consider a condition that would require a one - for -one replacement. Mayor O'Neil stated that he understood the motion to allow the applicant to replace the trees, only if he desired. Council Member Adams stated that there shouldn't be any harm in including the applicant's intention as a condition. • Mayor Pro Tem Thomson stated that he feels that private property rights should be observed. He stated that he feels the applicant will do what's best for the City. The motion carried by the following roll call vote: Ayes: Adams, Thomson, Debay, Ridgeway, Mayor O'Neil Noes: Glover Abstain: None Absent: Noyes RECESSED AND RECONVENED AT 9.25 P.M. WITH ALL MEMBERS PRESENT EXCEPT COUNCIL MEMBER NOYES AND MAYOR PRO TEM THOMSON. CURRENT BUSINESS 32. REQUEST FOR FUNDING FROM ORANGE COUNTY AIRPORT Orange County ALLLANCE IN THE AMOUNT OF $238,234. (Taken out of order.) Airport Alliance Funding Request Tom• Wall, Executive Director, Orange County Airport Alliance, stated that (54) the planning process for the reuse of El Toro started in the Fall of 1993 with the announcement of the base closure. In December of 1996, the Orange County Board of Supervisors, acting as the local reuse authority, chose the airport as the preferred alternative. He stated that, since that time, the • All iance has been working on the completion of the second Environmental Impact Report (EIR). 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