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HomeMy WebLinkAbout04_Harbor View Broadmoor Community Association Clubhouse Minor Use Permit_PA2019-091O�"EWP°q e CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT s July 25, 2019 r�(�pae`Pr Agenda Item No. 4 SUBJECT: Harbor View Broadmoor Community Association Clubhouse (PA2019-091) • Minor Use Permit No. UP2019-024 SITE LOCATION: 1234 Sand Point Way APPLICANT: Smith Architects OWNER: Harbor View Broadmoor Community Association PLANNER: David Lee, Assistant Planner 949- 644-3225, dlee@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • General Plan: PR (Parks and Recreation) • Zoning District : PR (Parks and Recreation) PROJECT SUMMARY A minor use permit to demolish an existing 672-square-foot, single -story clubhouse and construct a new 1,078-square-foot, single -story clubhouse. The new clubhouse will include a multi -purpose room, restrooms, and a patio shade structure to serve the Harbor View Broadmoor Community Association. The development also includes hardscape, drainage, and accessory structures. The proposed development complies with all applicable development standards and no deviations are requested. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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. _ approving Minor Use Permit No. UP2019-024 (Attachment No. ZA 1). 1 Harbor View Broadmoor Community Clubhouse (PA2019-091) Zoning Administrator, July 25, 2019 Page 2 DISCUSSION Minor Use Permit • The subject property is located in the Harbor View Broadmoor Community Association, adjacent to Sand Point Way, North Crown Drive, and Blue Water Drive. Surrounding uses include residential to the north, west, and east, and a Southern California Edison utility station to the south. • The property is developed with an existing 672-square-foot, single -story clubhouse and an existing swimming pool. The applicant proposes to construct a new 1,078- square-foot, single -story clubhouse, which includes a multi -purpose room, restrooms, and a patio shade structure. The existing pool will be re -plastered and remain in place. • The General Plan Land Use Element and Zoning Code designate the site as Parks and Recreation (PR), which is intended for active public or private recreational uses. The proposed community center is compatible with the surrounding neighborhood, which is comprised of single-family residences. The clubhouse will continue to serve the residents of the community association and their guests. • The Zoning Code does not require off-street parking for Parks and Recreational facilities. The clubhouse is within walking distance for residents of Harbor View Broadmoor Community Association. Additionally, there is on -street parking available in the vicinity on Wavecrest Drive, Sand Point Way, Bluewater Drive, and Lighthouse Lane. • The proposed clubhouse is to be used by the residents of Harbor View Broadmoor Community Association and their guests. A separate residential community, Jasmine Creek, is located across North Crown Drive and will not have access to the proposed clubhouse. • The proposed clubhouse will continue to have operating hours from 6:00 a.m. to 10:00 p.m., daily and has been conditioned to comply with the City's noise ordinance. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class Class 3 (New Construction or Conversion of Small Structures) 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 proposed project consists of the demolition of an existing 672-square-foot clubhouse and the construction of a new TmpIC 02/08/19 Harbor View Broadmoor Community Clubhouse (PA2019-091) Zoning Administrator, July 25, 2019 Page 3 1,078-square-foot clubhouse to serve the Harbor View Broadmoor Community Association. 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: 0�� David S. Lee, Assistant Planner JM/dl Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans Tmp1C 02/08/19 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2019-024 FOR THE DEMOLITION OF AN EXISTING CLUBHOUSE AND CONSTRUCTION OF A NEW CLUBHOUSE TO SERVE THE HARBOR VIEW BROADMOOR COMMUNITY ASSOCIATION AT 1234 SAND POINT WAY (PA2019-091) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Smith Architects, with respect to property located at 1234 Sand Point Way, and legally described as Lot A of Tract 6113, requesting approval of a minor use permit. 2. The applicant proposes to demolish an existing 672-square-foot, single -story clubhouse and construct a new 1,078-square-foot, single -story clubhouse. The new clubhouse will include a multi -purpose room, restrooms, and a patio shade structure to serve the Harbor View Broadmoor Community Association. The development also includes hardscape, drainage, and accessory structures. The proposed development complies with all applicable development standards and no deviations are requested. 3. The subject property is designated Parks and Recreation (PR) by the General Plan Land Use Element and is located within the Parks and Recreation (PR) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 25, 2019 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 has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. Class 3 exempts the construction and location of limited numbers of new, small facilities or structures including accessory structures to serve residential dwellings. The proposed project consists of the demolition of an existing 672-square-foot clubhouse and the construction of a new 1,078-square-foot clubhouse to serve the Harbor View Broadmoor Community Association. 5 Zoning Administrator Resolution No. ZA2019-##I# Paqe 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan Land Use Element designates the site as Parks and Recreation (PR), which is intended for active public or private recreational uses. 2. The lot currently consists of a clubhouse and swimming pool that serves residents of the Harbor View Broadmoor Community Association and their guests. The proposed project is a demolition of the existing 672-square-foot clubhouse and construction of a new 1,078-square-foot clubhouse, which includes a multi -purpose room, restrooms, and patio shade structure. The existing pool will remain and be re - plastered. The project will remain consistent with the General Plan designation, as it will provide an upgraded clubhouse for the Harbor View Broadmoor Community Association. 3. The proposed community center is compatible with the surrounding neighborhood, which is comprised of single-family residences. The clubhouse will continue to serve the residents of the association and their guests. 4. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The zoning designation for the subject property is Parks and Recreation (PR), which is intended for active public or private recreational uses. Pursuant to Zoning Code Section 20.26.020 (Special Purpose Zoning Districts Land Uses and Permit Requirements), assembly or meeting facilities are permitted subject to the approval of a minor use permit. 2. The Zoning Code does not require off-street parking for Parks and Recreational facilities. The clubhouse is within walking distance for residents of Harbor View Broadmoor Association. Additionally, there is on -street parking available in the 01-25-19 Zoning Administrator Resolution No. ZA2019-##I# Paqe 3 of 7 vicinity on Wavecrest Drive, Sand Point Way, Blue Water Drive and Lighthouse Lane. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: The subject lot is located within the Harbor View Broadmoor Community Association, which is a residential community comprised of single-family residences. The proposed clubhouse is to be used by the residents of Harbor View Broadmoor Community Association and their guests. A separate residential community, Jasmine Creek, is located across North Crown Drive and will not have access to the proposed clubhouse. 2. The proposed clubhouse will continue to have operating hours from 6:00 a.m. to 10:00 p.m., daily and has been conditioned to comply with the City's noise ordinance. 3. The proposed clubhouse is approximately 11 feet and 3 inches in height, measured from the finished floor to the top of the flat roof, where the Zoning Code allows for a maximum height of 32 feet for flat roofs. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: The project site currently consists of a clubhouse, swimming pool and seating area. The proposed project is to replace to existing clubhouse with a clubhouse that includes a multi -purpose room, restrooms, and a covered patio area. The existing swimming pool will be re -plastered and remain in place. The proposed location of the new structures is similar to the location of the existing structure. 2. The proposed community center has been reviewed to ensure adequate public and emergency vehicle access, public services, and utilities were provided for on -site. The construction plans were reviewed for compliance with applicable building and fire codes. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard 01-25-19 Zoning Administrator Resolution No. ZA2019-##I# Paqe 4 of 7 to the public convenience, health, interest, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The proposed community center will be an upgrade to the existing pool house and will serve the surrounding residents. The proposed multi -purpose room, covered patio area, and restroom facilities will provide residents with additional recreational areas in addition to the existing pool, which will be re -plastered. 2. The community room has been conditioned to restrict usage to only members of the Harbor View Broadmoor Community Association residents and their guests. The community center will not be used by the public in any way. 3. Compliance with the Municipal Code standards related to noise, lighting and other performance standards will help ensure that the proposed use will be compatible with the surrounding area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit UP2019-024, 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 25TH DAY OF JULY, 2019. Rosalinh Ung, Zoning Administrator 01-25-19 8 Zoning Administrator Resolution No. ZA2019-##I# Paqe 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. This Use Permit may be modified or revoked by the Zoning Administrator if determined 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. 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. 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. 7. The clubhouse shall only be used by the residents of Harbor View Broadmoor Community Association and their guests. The clubhouse shall not be used by the public for events of any kind. 8. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 9. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be 01-25-19 9 Zoning Administrator Resolution No. ZA2019-##I# Paqe 6 of 7 kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 10. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "1" or less at all property lines. 12. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements 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: Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 14. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 15. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 16. No outside paging system shall be utilized in conjunction with this establishment. 17. Trash receptacles shall be conveniently located both inside and outside of the clubhouse, however, not located on or within any public property or right-of-way. 01-25-19 2C/ Zoning Administrator Resolution No. ZA2019-##I# Paqe 7 of 7 18. The exterior of the clubhouse shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 19. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 20. 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 specified in the Newport Beach Municipal Code to require such permits. 21. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 22. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless 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 City's approval of Harbor View Broadmoor Community Association Clubhouse Minor Use Permit including, but not limited to, Minor Use Permit No. UP2019-024 (PA2019-091). 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 proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which 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. Public Works Conditions 23. All improvements shall be constructed as required by Ordinance and the Public Works Department. 24. An encroachment permit is required for all work activities within the public right-of-way. 25. A new sewer cleanout shall be installed on the existing sewer lateral serving the property per City Standard #406-L. 01-25-19 22 Attachment No. ZA 2 Vicinity Map 12 Minor Use Permit No. UP2019-024 PA2019-091 1234 Sand Point Way i3 Attachment No. ZA 3 Project Plans 14 Harbor View Broadmoor Community Center Redesign 1234 Sand Point Way Corona Del Mar, CA 92625 Abbreviations General Notes Scope Of Work Project Directory Sheet Index Client: tlum O ,u"wN"e,a,°q.,p .. w.a n w".wnwim..ayev�m" Architect: p/ CIO °' d 2 K m m c Code Data MEP: U U OGM wArea Vicinity Map Tabulation vcr x�v� icownmm "� µu�cu�«p.n TItleSheet � ss L -J Q` Overall Site Plan nyy rv0 rp r — • � I O Oemo Kevnoles: I • y� � �r r � I w x mmrcr�w<mrewaaramuwae N p � � I xexwxo�a� emrEm�xwcrEwucm O U Z . --- W > o ae�x E. a o m Cc o ! 12 m= d i U J ..w. o mom. ow. .rex.ioEswvo m C r � oxnma i. do d tz ` E P O o �d /a I wcxwo.muweu .mm T rn ClI 1 rvr - A00•311P bZ Sd SMIIV/mb4rtn i 1 d i F j CROWN DRIVE _- — - — - —- &Enlarged T - — - — - ryasrs or s�wrrvcs� Demo Site Plan j AD1.1l ilarged Demo Site Planet• 1 0 xrrsrgo� a -- _ __ _ rvso•xs�xor. F--- El ° .� s,,,, e E or mod ! � — - II - Zi 3 3U U a J N C �T e E 'r 00 wcrccmwmea .rev C P 77 Fl 'F3 L SMITHI mbiuen F Z F _ _ CROWN DRIVE "• _--_-1r-----_�.S.Ray.- _— __—_—_—_ Enlarged - Si[e Plan I T — — — — ryasrs or s�wrrvcs/ I AM ilarged Site Planet• 1 0 o�©�a�m�o�o�a�©�o■o - South Elevation ,��e- 1 I I I I I I A�r� uJ `m E m � 9 o 0 Fn. Lee N rs roar. omaux .rmrun,a.rro�ww L � C d t° d East Elevation a n�-- 2 s Q Q Q Q Q Q Q ♦a. rnw.ar A Y f6 9 T N PP 1 a fn 5 � f ■ ■ _ "�'a, ���� SMITHI mbiuen t North Elevation ��•�- a Q Q Q Q Q Q rw,ozx. a� xozu... uu i IT Ex nor Elevations P j t .�.m AM West Elevation ..y. ,n•^ 4 `°`° $ ��o Zoning Administrator- July 25, 2019 Item No. 4a Additional Materials Received Harbor View Broadmoor Community Association Clubhouse (PA2019-091) From: Lee. David To: Lee, Amanda; Garciamav, Rubv Subject: FW: Comments on ZA Item 4 (7/25/2019) Date: Thursday, July 25, 2019 10:00:52 AM Attachments: 20197ul25 ZA Item 4 Comments ]imMosher odf From: Jim Mosher <jimmosher@yahoo.com> Sent: Thursday, July 25, 2019 10:00 AM To: Ung, Rosalinh <RUng@newportbeachca.gov> Cc: Lee, David <dlee@newportbeachca.gov> Subject: Comments on ZA Item 4 (7/25/2019) Please find attached some comments on this afternoon's Zoning Administrator Item 4 (PA2019-091). Yours sincerely, Jim Mosher Zoning Administrator- July 25, 2019 Item No. 4a Additional Materials Received Harbor View Broadmoor Community Association Clubhouse (PA2019-091) July 25, 2019, Zoning Administrator Agenda Comments Comments submitted by: Jim Mosher (limmosher(o.yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 4. Harbor View Broadmoor Community Association Clubhouse Minor Use Permit No. UP2O19-024 (PA2O19-091) 1. The title of the proposed resolution emphasizes certain demolition and construction activities expected to take place on the subject property. But as best I can tell, the primary subject of the hearing is the proposed use of the property, which appears to be the same as the existing use in both nature (clubhouse to be used as "assembly or meeting facility' per Finding 3.B.1) and intensity (although larger and arguably more attractive than it was, the limitation on access to the facility to residents of the tract will presumably keep the number of users fixed). 2. If the nature and intensity of the use are not changing, it is unclear why a new use permit is required, or if it supersedes an earlier permit. a. Was the existing use established at a time when a use permit for it was not required? b. Or is a new permit required because of the modified configuration? 3. Handwritten p. 7, Fact C.2 says: "The proposed clubhouse will continue to have operating hours from 6:00 a.m. to 10:00 p.m., daily and has been conditioned to comply with the Citys noise ordinance." a. Conditions of Approval 13 does remind the applicant of the City's noise restrictions and Condition 15 reminds of limits on construction hours. b. However, I cannot find any condition restricting operating hours. Assuming a condition restricting hours is added, to what area would it apply? The clubhouse structure only? The area within the pool wall? The entire lot? 4. Handwritten p. 7, Fact D.1 contains a minor typo: "The proposed project is to replace #e the existing clubhouse with a clubhouse that includes a multi -purpose room, restrooms, and a covered patio area."