HomeMy WebLinkAbout04 - Charles King Company Field Office-Contractor Yard - PA2013-200COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 16, 2014
Agenda Item No. 4
SUBJECT: Charles King Company Field Office and Contractor Yard - (PA2013 -200)
3300 Newport Boulevard
• Limited Term Permit No. XP2013 -005
APPLICANT: Charles King Company
PLANNER: James Campbell, Principal Planner
(949) 644 -3210, jampbell @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PF (Public Facilities)
• General Plan: PF (Public Facilities)
PROJECT SUMMARY
A Limited Term Permit for the continued operation of a temporary field office and
contractor yard for up to one year.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2013 -005 (Attachment No. ZA 1).
The applicant operates a temporary field office and contractor yard pursuant to Limited
Term Permit No. XP2013 -005 approved by the Community Development Director. The
facility was authorized for up to 90 days and expires on January 19, 2014. If approved, the
extended Limited Term Permit would expire on October 21, 2014. The facility will be
removed and the site returned to its previous condition at the conclusion of construction of
the sewer rehabilitation project.
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Charles King Company Field Office and Contractor Yard
Zoning Administrator January 16, 2014
Page 2
The field office and contractor yard is approximately 10,000 square feet in area and is
secured by a 6- foot -high chain link fence. The fencing will have two gates for access and a
green fabric screening material will be attached to the fencing. A commercial office trailer
and portable restroom facility will be located within the fenced area. The yard is used as a
field office and it will provide parking for contractor personnel. The yard will also be used
for the storage of a variety of materials for the project including, but not limited to, storm
water protection materials, temporary asphalt, piping, traffic control devices, steel plates,
trailer mounted pumps and generators, crew trucks, street sweeper, etc.
The field office and contractor yard is in support of the Orange County Sanitization
District Balboa Trunk Sewer Rehabilitation Project. Construction will take place on
Balboa Boulevard and Newport Boulevard between A Street in Balboa Village and Via
Lido. The current sewer pipeline was built in the 1940's. The sewer is located at an
elevation below sea level and is submerged, resulting in a large amount of saltwater
and groundwater intrusion. Furthermore, inspection of the sewer shows multiple cracks
and fractures that could potentially put the pipes at risk of failure. The project will
rehabilitate the existing trunk sewer line and associated manholes. The project includes
the installation of a new protective lining in approximately 12,000 feet of 15 to 24 -inch
diameter sewer pipeline by using the trenchless cured -in -place pipe (CIPP) construction
method. The project will increase the life expectancy of the trunk sewer by 25 -30 years.
Construction began in early November 2013 and will continue until early Summer 2014.
Work will take place Monday to Friday, from 7 a.m. to 6 p.m., and Saturdays, if required.
Some portions of the work (2 -3 weeks) will require night work from 7 p.m. to 6 a.m. to
avoid significant disruptions in traffic. Notifications will be distributed and posted on the
Orange County Sanitation District website (www.ocsd.com) with specific locations and
schedule as the dates approach.
The field office and contractor yard was installed in early November and has been
operating in full compliance with conditions. No detrimental effects or complaints have
been received; supporting the findings for approval. Facts in support of the various
required findings are provided in the attached draft resolution.
ENVIRONMENTAL REVIEW
The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to
Section 15304 (Minor Alterations to Land) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3. The facility has a limited duration and all improvements
are non - permanent. At the conclusion of the project, the site will be returned to its pre -
project condition.
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Charles King Company Field Office and Contractor Yard
Zoning Administrator January 16, 2014
Page 3
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 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:
WC!
im4es Campbell, Principal Pla ner
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Site Plan
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2013-##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LIMITED TERM
PERMIT NO. XP2013 -005 FOR A TEMPORARY FIELD OFFICE
AND CONTRACTOR YARD LOCATED AT 3300 NEWPORT
BOULEVARD (PA2013 -200)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by the Charles King Company, with respect to the former City
Hall property located at 3300 Newport Boulevard requesting approval of a Limited Term
Permit for a temporary field office and contractor yard.
2. The subject property is located within the PF (Public Facilities) Zoning District and the
General Plan Land Use Element category is Public Facilities (PF). The subject property
is located within the coastal zone. The Coastal Land Use Plan category is Public
Facilities (PF).
3. The applicant operates a temporary field office and contractor yard pursuant to a Limited
Term Permit approved by the Community Development Director expiring on January 19,
2014. The applicant requests an extension to operate the facility for up to 1 year. The
temporary facility is in support of the Orange County Sanitation District Balboa Trunk
Sewer rehabilitation project.
4. The existing field office and contractor yard was installed in early November and has
been operating in full compliance with conditions. No detrimental effects or complaints
have been received.
5. A public hearing was held on January 16, 2014, 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 meeting 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 meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant
to Section 15304 (Minor Alterations to Land) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3.
2. The facility has a limited duration and all improvements are non - permanent. At the
conclusion of the project, the site will be returned to its pre - project condition.
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Zoning Administrator Resolution No. ZA2013 -##
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040 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 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:
A -1. The proposed field office and contractor storage yard is for a limited duration of no
longer than 90 days.
A -2. The location of the yard is shielded from Newport Boulevard and partially shielded
from 32nd Street by buildings. The yard is setback 65 feet from 32nd Street and
approximately 120 feet from commercial uses to the south. The nearest property with
residential use is approximately 175 feet to the southwest across 32nd Street.
A -3. The contractor yard will be enclosed by a 6- foot -high chain link fence with gates
installed with screening materials. All activities will occur within the proposed yard.
Gates will open inward and not block the abutting driveway. The applicant will install
"No Parking or Stopping" signs along the public driveway and maintain open access.
A-4. The applicant will be responsible for dust control, noise control, and night lighting control.
A -5. Necessary night activities to avoid daytime traffic disruptions will be intermittent and
limited to 2 to 3 weeks in total duration.
Finding:
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:
B -1. The subject site is a fully - developed 4.25 acre property, of which only 10,000 square
feet (approximate) will be utilized for the proposed temporary use. The use is paved,
and proposed fencing is designed and located to ensure that open public and
emergency access is maintained at all times.
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Zoning Administrator Resolution No. ZA2013 - ##
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B -2. Existing buildings, setbacks and the 32nd Street right -of -way will provide an adequate
buffer to the proposed temporary use.
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:
C -1. The site will house 6 -8 employees and serve as a storage area for equipment and
materials. Access for equipment and materials will be intermittent. Access to the yard
will be provided by an existing public driveway from Newport Boulevard at Finley
Avenue and from 32nd Street. These access points adequately serve the former city
hall site and traffic from the proposed temporary use and is expected to be far less
than the former city hall.
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; and
Facts in Support of Finding:
D -1. Approximately 25 parking spaces will exist within the proposed fenced yard and should
provide adequate parking for the 6 -8 employees that will be stationed at the site. It will
be the responsibility of the applicant to ensure that adequate space exists for
employee parking within the fenced yard as parking outside the yard will be prohibited.
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:
E -1. The General Plan Land Use Element category for the site is PF (Public Facilities) and is
zoned PF (Public Facilities). These designations are intended to provide public facilities,
including public schools, cultural institutions, government facilities, libraries, community
centers, public hospitals, and public utilities. The proposed use is temporary and will
support a necessary project to rehabilitate an existing trunk sewer line.
E -2. The site is not located within a specific plan area and due to the temporary nature of the
use, it will not impede with planning for the future reuse of the site consistent with City
Council direction.
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Zoning Administrator Resolution No. ZA2013 - ##
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NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2013 -005, 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 after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2013 -##
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. Limited Term Permit No. XP2013 -005 shall expire on October 21, 2014. The site shall
be returned to its existing condition on or before this date.
2. The activity shall be in substantial conformance with the approved site plan except as
noted in the following conditions. Anything not specifically approved by this limited term
permit is prohibited and must be addressed by a separate and subsequent review.
3. The activity shall be limited to a field office and contractor yard for the Orange County
Sanitation District Balboa Trunk Sewer project only and does not permit any other use.
4. The yard shall be enclosed with a 6- foot -high chain link and security fence installed with
a green screening fabric that provides screening of the activities within the fenced area to
the satisfaction of the Community Development Director or to the Director's designee.
5. Gates shall not swing out across the abutting public driveway.
6. The applicant shall not allow the abutting driveway to the east to be blocked for any
reason at any time. The driveway shall remain unobstructed at all times for public and
emergency access. The applicant shall post two or more conspicuous signs indicating
"No Stopping or Parking" on the outside of the fence along the abutting driveway to the
east.
7. The applicant shall post a conspicuous sign on the outside of the fenced area indicating
the following; "For information regarding this temporary facility, contact (insert name of
project manager and phone number of project manager), Contractor for OCSD Balboa
Trunk Sewer Rehabilitation Project, Charles King Company."
8. All activities, with the exception of ingress and egress of vehicles and pedestrians, shall
be confined within the approved fenced area. Parking of vehicles or the storage of
equipment or materials shall be confined to the approved fenced area.
9. Hours of operation shall be 7 a.m. to 6 p.m. Monday through Saturday. Operations
between 6 p.m. and 7 a.m. or on Sundays may be conducted on a limited basis with 7
days of advance warning to the City and Fire Station No. 2.
10. The applicant shall control dust and dirt in and around the yard, and on all streets and
driveways to and from the yard by any means necessary including watering active
construction areas or materials and the use of street sweepers.
11. The use of portable generators is prohibited.
12. Night lighting shall be limited to the minimum necessary for security except when night
construction is required and scheduled in accordance with Condition No. 9. Night lighting
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Zoning Administrator Resolution No. ZA2013 - ##
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during night construction periods shall be confined to the fenced yard area. Lights shall
not exceed 20 feet in height and lighting elements shall be shielded such that they are
not visible from the public right -of -way and property to the east.
13. The applicant shall allow access to the yard to the City and authorized agents for the
purpose of inspection, testing, or other investigatory work associated with redevelopment
of the site.
14. 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 the Charles
King Company Contractor Yard including, but not limited to, the XP2013 -005. 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. XP2013 -005
PA2013 -200
3300 Newport Boulevard
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Attachment No. ZA 3
Project Plans
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