HomeMy WebLinkAbout2004-73 - GPA 2004-001 - Newport MuseumRESOLUTION NO. 2004- 73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2004 -001
AND USE PERMIT NO 2004 -017 THAT INCREASES THE
DEVELOPMENT ALLOCATION OF BLOCK 100 BY 1,550 SQUARE
FEET AND APPROVES A MUSEUM USE IN THE ADMINISTRATIVE,
PROFESSIONAL AND FINANCIAL DISTRICT FOR PROPERTY
LOCATED AT 100 NEWPORT CENTER DRIVE (PA2004 -092)
THE CITY COUNCIL 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, On August 5, 2004, the Planning Commission of the City of Newport
Beach held a noticed public hearing regarding this General Plan Amendment and Use
Permit.
WHEREAS, The planning commission voted unanimously (7 -0) to recommend
approval this General Plan Amendment and Use Permit to the City Council.
WHEREAS, on August 10, 2004 the City Council held a public hearing 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 City Council 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.
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 vote is not
required as the project represents an increase of 4.65 morning and 4.128 evening 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 a 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 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, 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
Based on the aforementioned findings, the City Council hereby approves General Plan
Amendment No. 2004 -001 per the revised table as depicted in Attachment No. 1 and
Use Permit No. 2004 -017 subject to the Conditions of Approval set forth in Attachment
No. 2.
This resolution shall take effect immediately upon adoption. Passed and adopted by the
City Council of Newport Beach at a regular meeting held on the 10th day of August,
2004 by the following vote to wit:
AYES, COUNCIL MEMBERS Bromberg, Webb, Nichols, Mayor Ridgeway
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBERS Heffernan, Adams
ABSTAIN, COUNCIL MEMBERS Rosansky
MAYOR
ATT ST:
CITY CLERK
Attachment No. 1
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 197,545 199,095
sq.ft. of office development. Support retail commercial uses are also allowed within
this development allocation.
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
0
246,146
432,320
186,174
2.
Block 100
0
0
0
196,545
497,545
4008
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
Q ^o�4o'^
5337;264
6,805,871
538,264
Population
394
1,331
937
Revised
93/97 - 92
08/70!2004
Attachment No. 2
CONDITIONS OF APPROVAL
Use Permit No. 2004 -17
1. 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.
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 buildinq 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 buildinq 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:
Between the hours of
Between the hours of
7:OOAM and
10:00PM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
I Exterior
Residential Property
45dBA
55dBA
40dBA
1 50dBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA 45dBA
50dBA
property
Mixed Use Property 45dBA
60dBA 45dBA
50dBA
Commercial Property N/A
65dBA N/A
6OdBA
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.
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 specified 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2004 -73 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th
day of August, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: Heffernan, Adams
Abstain: Rosansky
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of August, 2004.
(Seal)
City Clerk
'Newport Beach, California