HomeMy WebLinkAbout01_Temporary Fire Station No. 5 Limited Term Permit_PA2016-172 Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
@� COMMUNITY DEVELOPMENT DEPARTMENT
U N6PLANNING DIVISION
100 Civic Center Drive,P.O. Box 1768,Newport Beach, CA 92658-8915
cq<<FORN�P 949-644-3200
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 16, 2017
Agenda Item No. 6
SUBJECT: Temporary Fire Station No. 5 (PA2016-172)
SITE LOCATION: 801 Marguerite Avenue
Limited Term Permit No. XP2016-008
APPLICANT: Public Works Department, City of Newport Beach
OWNER: City of Newport Beach
PLANNER: Benjamin M. Zdeba, AICP, Associate Planner
(949) 644-3253, bzdeba@newportbeachca.gov
GENERAL PLAN/ZONING DISTRICT
• General Plan: PF (Public Facilities)
• Zoning District: PF (Public Facilities)
PROJECT SUMMARY
A limited term permit to allow the installation of a 36-foot by 60-foot modular building to
be used as a temporary fire station during the replacement construction of Fire Station
No. 5. Also included is the installation of canopy structures to house two fire trucks. The
proposed location is within the Grant Howald Park parking area at the corner of
Marguerite Avenue and Fifth Avenue.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15303 and 15304 of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. ZA2017- approving Limited
Term Permit No. XP2016-008 (Attachment No. ZA 1).
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
DISCUSSION
• On November 24, 2015, the City Council approved the preliminary design, layout and
rendering of a new combination fire station and library to replace Fire Station No.5
and the Corona del Mar Library. As part of the project, the fire station needs to be
relocated to prevent an interruption of emergency services.
• The proposed location for the temporary fire station is within the parking area for Grant
Howald Park at the corner of Marguerite Avenue and Fifth Avenues, which is zoned
PF. This location is approximately one-third mile northwest of the existing and future
permanent site and is surrounded predominantly by residential development. The
OASIS Senior Center is immediately east across Marguerite Avenue.
• Pursuant to Section 20.26.020 (Special Purpose Zoning Districts Land Uses and
Permit Requirements) of the Municipal Code, temporary uses within PF District are
allowed subject to the approval of a Limited Term Permit. Limited Term Permits may
authorize uses that might not meet the development or use standards of the applicable
zoning district, but may otherwise be acceptable because of their temporary or limited
nature. In this case, the temporary improvements associated with the fire station are
limited duration uses that will cease upon completion of the new fire station.
• As proposed, the temporary use will occupy 28 of the existing 74 parking spaces. The
remaining parking area will be cordoned off such that 46 spaces are available to serve
the public. The City's Recreation and Senior Services Department has reviewed the
site layout and has concluded that this amount will sufficiently serve those visiting the
park or the OASIS Senior Center.
• A single-story, 36-foot by 60-foot modular structure will be placed in the northwestern
corner of the parking area. Two canopies will be erected in front of the structure to
accommodate the parking of fire trucks. A metal storage container will also be placed
adjacent to the canopies for storage. Five parking spaces will remain to serve five
firefighters staffing the station.
• The Fire Department has indicated back-up alarms will be deactivated on the fire
trucks for the duration of this temporary use to help limit noise emission into the
surrounding neighborhood. The current practice is also to limit use of sound devices
(i.e., sirens)through residential areas, which would continue at the temporary location.
• Signage will be installed to help direct the public to the appropriate parking area
immediately east of the temporary fire station.
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15303 and 15304 under Classes 3 (New Construction or Conversion of Small
Structures) and 4 (Minor Alterations to Land), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment.
The Class 3 exemption includes the construction and location of a commercial structure
not involving the use of significant amounts of hazardous substances and not exceeding
2,500 square feet in floor area. In this case, the proposed project includes the location of
a 36-foot by 60-foot modular building (2,160 square feet) to be used as a temporary fire
station.
The Class 4 exemption consists of minor public alterations in the condition of land, which
do not involve removal of healthy, mature, scenic trees. The proposed project may include
minor changes to the parking area to accommodate the temporary use (i.e., barriers and
signage). No trees will be removed as part of this project.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at (949) 644-3200.
Prepared by:
/V J
a i . Zdeba, AICP
Associat lanner
JWC/bmz
Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
Attachment No. ZA 1
Draft Resolution
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LIMITED TERM
PERMIT XP2016-008 FOR A TEMPORARY FIRE STATION
LOCATED AT 801 MARGUERITE AVENUE (PA2016-172)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by the City of Newport Beach, with respect to property located at
801 Marguerite Avenue, and legally described as Parcel 2 of Parcel Map No. 2008-161,
requesting approval of a limited term permit with a duration of greater than 90 days.
2. The applicant proposes the installation of a 36-foot by 60-foot modular building to be used
as a temporary fire station during the replacement construction of Fire Station No. 5. Also
included is the installation of canopy structures to house two fire trucks. The proposed
location is within the Grant Howald Park parking area at the corner of Marguerite Avenue
and Fifth Avenue.
3. The subject property is located within the Public Facilities (PF) Zoning District and the
General Plan Land Use Element category is Public Facilities (PF).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on February 16, 2017, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Smaller Structures)
and Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 3 exemption includes the construction and location of a commercial structure
not involving the use of significant amounts of hazardous substances and not exceeding
2,500 square feet in floor area. In this case, the proposed project includes the location
of a 36-foot by 60-foot modular building (2,160 square feet) to be used as a temporary
fire station.
Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
3. The Class 4 exemption consists of minor public alterations in the condition of land, which
do not involve removal of healthy, mature, scenic trees. The proposed project may
include minor changes to the parking area to accommodate the temporary use (i.e.,
barriers and signage). No trees will be removed as part of this project.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040(G) (Limited Term Permits — Findings and Decision) of
the Newport Beach Municipal Code, the following findings and facts in support of such findings
are set forth:
Finding:
A. The operation of the requested limited duration use at the location proposed and within the
time period specified would not be detrimental to the harmonious and orderly growth of the
City, nor endanger,jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of persons residing or working in the
neighborhood of the requested limited duration use.
Facts in Support of Finding:
1. The property is currently developed with a 74-space parking area adjacent to a public
park. The proposed project will occupy 28 of the parking spaces with a modular
building and two canopies for fire trucks. A barrier will be placed to cordon off the
area to be used for the temporary fire station.
2. Forty-six parking spaces will remain available to the public for use of the park. The
City's Recreation and Senior Services Department has reviewed the project and
believes the remaining spaces will sufficiently accommodate park users.
3. The existing driveway onto Fifth Avenue will facilitate appropriate access for all Fire
Department vehicles.
4. All improvements associated with the Limited Term Permit will be removed once the
permanent fire station has been constructed.
Findinq:
B. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent to
and in the vicinity of the lot.
Facts in Support of Finding:
1. The subject parcel is 2.181 acres in size with approximately 0.60 acre developed as
parking area and the remainder being public park. The parking area is rectangular in
shape and has a single driveway access from Fifth Avenue. The proposed project
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
will be confined to the western portion of the parking area, which is aligned with the
driveway such that turning movements for fire trucks will be limited.
2. Given the size of the parking area and proposed siting of the temporary structures,
the temporary use can be accommodated on-site with little disruption to surrounding
residential uses, the use of the public park, and the remaining public parking lot area.
3. As conditioned, temporary signs will be appropriately located to help ensure ease of
on-site wayfinding for park users.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate.
Facts in Support of Finding:
1. The proposed temporary fire station will be located approximately one-third mile
northwest of the permanent fire station site at 410 Marigold Avenue. During operation
of the temporary fire station, the permanent facility would be under construction;
therefore, increased traffic is not anticipated.
2. The driveway access to the Grant Howald Park parking area is approximately 30 feet
in width, which will provide adequate maneuverability for fire trucks accessing the site.
3. The existing permanent fire station uses Marguerite Avenue to access East Coast
Highway. The temporary fire station will also use Marguerite Avenue as a main access
point as its 40-foot width and striped lane in each direction will adequately
accommodate fire trucks traveling in either direction.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable to
the Zoning Administrator.
Facts in Support of Finding:
1. Five parking spaces will be maintained on-site in conjunction with the operation of
the temporary fire station. Additionally, two parking areas will be covered with
canopies to accommodate the two fire trucks associated with the temporary use.
2. Improvements in the parking area will not impede use of the parking reserved for
disabled persons and accessible path of travel.
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The PF designation of the Land Use Element of the General Plan is intended to
provide public facilities, including public schools, cultural institutions, government
facilities, libraries, community centers, public hospitals, and public utilities. The
proposed temporary fire station is consistent with this designation.
2. Section 20.26.020 (Special Purpose Zoning Districts Land Uses and Permit
Requirements) of the Municipal Code allows temporary uses within the PF District
subject to the approval of a Limited Term Permit. Limited Term Permits may
authorize uses that might not meet the development or use standards of the
applicable zoning district, but may otherwise be acceptable because of their
temporary or limited nature. In this case, the proposed fire station is a limited duration
use that would cease operating at completion of the new permanent development.
3. The proposed use is conditioned such that it will comply with all other applicable
provisions of the General Plan, Municipal Code, and other City regulations. Applicable
ministerial permits must be obtained prior to construction.
4. The site is not located within a specific plan area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2016-008, subject to the conditions set forth in Exhibit"A", which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF FEBRUARY, 2017.
Patrick J. Alford, Zoning Administrator
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan stamped
and dated with the date of this approval. (Except as modified by applicable conditions of
approval.)
2. Anything not specifically approved by this limited term permit is prohibited and shall be
addressed by a separate and subsequent review.
3. The Limited Term Permit shall expire twelve (12) months from the date the building permit
to install the temporary facility is considered final, unless an extension of up to one (1)
additional permit of twelve (12) months is granted by the Zoning Administrator.
4. Temporary barriers shall be placed to appropriately cordon off the temporary fire station
area from the public.
5. Temporary signage shall be placed on-site to help direct the public to the eastern portion
of the parking area.
6. All temporary signage shall be located outside the traffic safety visibility area, subject to
the review and approval of the City's Traffic Engineer.
7. All temporary improvements shall be removed after the permanent fire station has received
its certificate of occupancy.
8. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
9. A copy of the Resolution, including conditions of approval, Exhibit "A," shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
10. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
the City, its City Council, its boards and commissions, officials, officers, employees, and
agents from and against any and all claims, demands, obligations, damages, actions,
causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever which may arise from or in any manner relate (directly or indirectly)
to the City's approval of Temporary Fire Station No. 5 including, but not limited to, Limited
Term Permit No. XP2016-008 (PA2016-172). This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys'
fees, and damages which the City incurs in enforcing the indemnification provisions set
forth in this condition. The applicant shall pay to the City upon demand any amount owed
to the City pursuant to the indemnification requirements prescribed in this condition.
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
Attachment No. ZA 2
Vicinity Map
12
Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
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Continued to the Zoning Administrator Hearing of March 30, 2017
Item No. 1 Temporary Fire Station No. 5 (PA2016-172)
Attachment No. ZA 3
Project Plans
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ZONING ADMINISTRATOR-FEBRUARY 16, 2017
ITEM NO.6A-ADDITIONAL MATERIALS RECEIVED
TEMPORARY FIRE STATION NO.5 (PA2016-172)
Continued to the Zoning Administrator Hearing of March 30, 2017
From:Selma Mann [mailto:bagelmanns@aol.com]
Sent: Wednesday, February 15, 2017 10:10 AM
To: Zdeba, Benjamin <bzdeba@newportbeachca.gov>
Subject: Fwd: February 16, 2017 Zoning Administrator Meeting, Item No. 6,Temporary Fire Station
Ben,
My name is Selma Mann, and I live in Jasmine Park at 805 Hibiscus Court, at the end of the cul
de sac, adjacent to Grant Howald Park. Jasmine Park would be the development most
significantly impacted by the proposed temporary fire station, up to a potential two years,
including an extension, "until the fire station is completed." I have lived at Jasmine Park over 30
years, and greatly value the peace and quiet I've enjoyed.
While I recognize the importance of ensuring facilities are available for our wonderful
firefighters, I also want to ensure that impacts of the use are minimized below a level of
significance to protect my community. I am particularly concerned about noise and light impacts.
The Staff Report states "The Fire Department has indicated back-up alarms will be deactivated
on the fire trucks for the duration of this temporary use to help limit noise emission into the
surrounding neighborhood. The current practice is also to limit use of sound devices (i.e., sirens)
through residential areas, which would continue at the temporary location.", this is not made a
condition of approval in the resolution. I am also concerned about sirens within the temporary
structure, which are not mentioned. Will there be floodlights around the property? Is there a way
to refrain from flashing lights from dusk to dawn until units have left the parking lot?
Living where I do, I know there is considerable foot traffic on that parking lot, going to the Park,
to Oasis, and to the nearby elementary school. Could a pedestrian walkway be incorporated into
the project to guide pedestrians and help protect the safety of our residents?
Is there an estimated completion date for the new fire station? When do you estimate the use will
commence?
I hope to be at the meeting on Thursday, but in any event, I would appreciate it if you would
provide a copy of my comments to the Zoning Administrator, and include them in the official
record of the meeting.
Thank you for returning my call so promptly. Please feel free to call me.
Respectfully yours,
Selma Mann, Esq.
bai!elmannsAaol.com
805 Hibiscus Court
Corona Del Mar, CA 92625
(949) 637-5967