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HomeMy WebLinkAbout20190822_Resolution_PC2019-025Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL September 23, 2019 Coast Business Center, Ltd. c/o Mesa Management, Inc. 1451 Quail Street #201 Newport Beach, CA 92660 censign@mesamanagement.net Subject: Coastal Development Permit No. CD2019-025 Conditional Use Permit No. UP2019-025 (PA2019-101) 2121 E. Coast Highway Coast Business Center Parking Waiver Dear Coast Business Center, Ltd., It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Planning Commission on August 22, 2019 and effective on September 5, 2019. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, GBR/cc RESOLUTION NO. PC2019-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-025 AND USE PERMIT NO. UP2019-025 TO WAIVE A PORTION OF THE OFF-STREET PARKING REQUIRMENTS FOR MEDICAL OFFICE USES LOCATED AT 2121 EAST COAST HIGHWAY (PA2019-101) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Coast Business Center, Ltd. ("Applicant"), with respect to property located at 2121 East Coast Highway, and legally described as Parcel 2 as shown on map filed in Book 152, Pages 28 and 29 of Parcel Maps in the Office of the County Recorder of Orange County, California ("Property"), requesting approval of a coastal development permit and conditional use permit. The Applicant seeks a coastal development permit and conditional use permit for a reduction of 18 parking spaces of the required 160 off-street parking spaces to allow the entire 31,806 square foot Coast Business Center building to be occupied by medical office uses ("Project"). Coast Business Center is an existing office building currently occupied by a mix of professional office and medical office uses and a tutoring center. The existing on- site parking is provided in a two-level subterranean parking structure accessible from Avocado Avenue. 2. The Property is designated General Commercial Office (CO-G) by the City of Newport Beach General Plan Land Use Element ("General Plan") and located within the Office General (OG) Zoning District. 3. The Property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial Office (COG-B) (with a floor area ratio of 0.0-0.75) and located within the Office General (OG) Coastal Zone District. A coastal development permit is required to modify parking requirements. 4. A public hearing was held on August 22, 2019 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the California Planning Commission Resolution No. PC2019-025 Page 2 of 9 Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines") because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption authorizes the operation, repair, maintenance, and minor alterations of existing buildings. The Project is a reduction of required off-street parking only that would allow more medial office uses to be located within an existing office building of a developed commercial area. No alterations are proposed at this time. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program (LCP). Facts in Support of Finding: 1. The Property is located within the Office General ("OG") Coastal Zoning District. The OG Coastal Zoning District is intended to provide for areas appropriate for administrative, professional, and medical offices with limited accessory retail and service uses. The Project is a reduction of required off-street parking to accommodate future medical office tenants in an existing office building. Medical office uses are allowed within the OG coastal zoning district. With the approval of a parking reduction, medical office uses would operate consistent with applicable LCP regulations. 2. Pursuant to Section 21.40.040 (Off-Street Parking Spaces Required) of the NBMC, medical offices require one (1) parking space per 200 square feet of gross floor area. Based on the current tenant list provided by the Applicant, the Coast Business Center requires 146 off-street parking spaces. Utilizing the entire building as medical office would increase the required parking spaces by 14 spaces, for a total of 160 required spaces. There are 142 off-street parking spaces to serve the office building resulting in an overall proposed reduction of 18 spaces. 3. Section 21.40.11 O(A) of the NBMC allows off-street parking requirements to be reduced with the approval of a coastal development permit when the Applicant has provided sufficient data to indicate that parking demand will be less than the required number of spaces and a parking management plan is prepared in compliance with Section 21.40.110(8) of the NBMC. In this case, the Applicant provided "Coast Business Center Parking Study" dated July 9, 2019, and prepared by a traffic engineer (i.e., a qualified professional) with Ganddani Group ("Parking Study"). 4. The Parking Study acknowledges that there are currently vacancies at the Coast Business Center and accounts for future demand of these vacant spaces. The Parking Planning Commission Resolution No. PC2019-025 Page 3 of 9 Study concludes that the maximum future demand is 123 parking spaces; therefore, the reduction of 18 required off-street parking spaces is appropriate and will not create any parking deficiencies. The existing parking supply is adequate to accommodate the proposed medical uses. Given the findings of the Parking Study that there is a significantly lesser demand than the zoning code requirement, there is no benefit or need for a parking management plan for this Project. Condition of Approval No. 7 is included to require a parking management plan if there is an identifiable parking issue attributable to the Project in the future. The Parking Study and results were reviewed and accepted by the City Traffic Engineer. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the Project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The Property is located in Corona del Mar and is not located between the nearest public road and the sea. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC, requires that the provision of public access bear a reasonable relationship between the requirement and the Project's impact and be proportional to the impact. In this case, the Project involves the modification of parking standards to accommodate future medical uses at an existing office building. Although the Project involves a change in intensity from the existing condition, medical offices are allowed by right in the OG Coastal Zoning District and the development complies with all other applicable development standards. The Project is not anticipated to result in a significantly increased demand on public access and recreation opportunities. Furthermore, the existing building is located on a site that does not block or impede public coastal access opportunities. 2. The Parking Study concludes that sufficient off-street parking is provided for additional medical office uses; therefore, the adjustment of parking requirements associated with the Project will not block or impede existing public access opportunities by negatively impacting public coastal zone on-street parking opportunities. 3. The Property is not located adjacent to a coastal view road, public viewpoint, public park or beach, or public accessway, as identified in the City of Newport Beach Coastal Land Use Plan. Furthermore, an investigation of the Property and surrounding area did not identify any other public view opportunities. The Property may be located within the viewshed of distant public viewing areas. However, the Project is located on an inland lot that involves an adjustment of parking requirements only, with no construction proposed. Therefore, the Project does not have the potential to degrade the visual quality of the coastal zone or result in significant adverse impacts to public views. Conditional Use Permit Planning Commission Resolution No. PC2019-025 Page 4 of 9 In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: C. The use is consistent with the General Plan and any applicable specific plan. Fact in Support of Finding: 1. The General Plan Land Use Element designates the Property for commercial uses under CO-G (General Commercial Office). This designation is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. Medical office uses are allowed under the General Plan designation. The proposed medical offices would be located within existing tenant spaces within the Coast Business Center and would be consistent with the associated land use designation. 2. The Property is located within the Office General (OG) Zoning District. The OG Zoning District is intended to provide for areas appropriate for administrative, professional, and medical offices with limited accessory retail and service uses. Medical office uses are permitted within the zoning district. With the approval of a parking reduction, the medical office uses would operate consistent with applicable zoning regulations. Finding: D. 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 Property is located within the Office General (OG) Zoning District. The OG Zoning District is intended to provide for areas appropriate for administrative, professional, and medical offices with limited accessory retail and service uses. Medical office uses are permitted uses within the zoning district. With the approval of a parking reduction, the medical office uses would operate consistent with applicable zoning regulations. 2. Pursuant to Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, medical offices require one (1) parking space per 200 square feet of gross floor area. Based on the current tenant list provided by the Applicant, the Coast Business Center requires 149 parking spaces. Utilizing the entire building as medical office would increase the required parking by 14 parking spaces for a total of 160 spaces required. There are 142 parking spaces to serve the office park resulting in an overall proposed deficiency of 18 spaces. Section 20.40.110(8) of the NBMC allows off-street parking requirements to be reduced with the approval of a conditional use permit when the Planning Commission Resolution No. PC2019-025 Page 5 of 9 Applicant has provided sufficient data to indicate that parking demand will be less than the required number of spaces and a parking management plan is prepared in compliance with Section 20.40.11 O(C) of the NBMC. In this case, the Applicant provided "Coast Business Center Parking Study" dated July 9, 2019, and prepared by a traffic engineer (i.e., a qualified professional) with Ganddani Group, which was reviewed and accepted by the City Traffic Engineer. 3. The Parking Study acknowledges that there are currently vacancies at the Coast Business Center and accounts for future demand of these vacant spaces. The Parking Study concludes that the maximum future demand is 123 parking spaces. Therefore, the reduction of 18 required off-street parking spaces is appropriate and will not create any parking deficiencies. The existing parking supply is adequate to accommodate medical office uses to occupy the entire building. Given the findings of the Parking Study that there is a significantly lesser parking demand than the zoning code requirement, there is no benefit or need for a parking management plan for this project. Condition of Approval No. 7 is included to require a parking management plan if there is an identifiable parking issue attributable to the Project in the future. Finding: E. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The Project is an existing office building, Coast Business Center, which contains a mixture of professional offices, medical offices, outpatient surgery offices, and a tutoring center. Medical uses have been legally operating and have not proven incompatible with surrounding uses. 2. Adequate parking exists to support the proposed medical office use, as discussed in the Facts in Support of Finding D. Finding: F. 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: 1. Adequate parking exists to support the proposed medical office use, as discussed in the Facts in Support of Finding D. Planning Commission Resolution No. PC2019-025 Page 6 of 9 2. Emergency access to Coast Business Center is currently provided from Avocado Avenue. No changes to emergency access are proposed and on-site circulation would not change. 3. The Coast Business Center is adequately served by public services and utilities. 4. The design of any tenant improvements will comply with all local and State Building, Public Works, and Fire Codes, and plans will be reviewed prior to issuance of building permits. Fair Share Traffic Fees will be assessed where applicable. Finding: G. Operation of the use at the location proposed 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 proposed use. Facts in Support of Finding: 1. Medical offices are allowed by right within the building and additional medical offices would operate similarly to typical professional, businesses, or medical offices already operating and in a development designed to accommodate a variety of office uses. 2. There is adequate parking existing on-site to accommodate the increased medical office use floor area. Adequate access to the Property for emergency vehicles is provided from Avocado Avenue, as shown in Facts in Support of Finding D. 3. The Project includes conditions of approval to ensure that potential conflicts with the surrounding land uses and the City as a whole are minimized to the greatest extent possible. The Applicant is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the business. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2019-025 and Coastal Development Permit No. CD2019-025, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Planning Commission Resolution No . PC2019-025 Page 7 of 9 3. The Planning Commission's approval of Use Permit No. UP2019-025 shall become final and effective fourteen (14) days following the date this Resolution is adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. 4. The Planning Commission's approval of Coastal Development Permit No. UP2019-025 shall become final and effective fourteen (14) days following the date this resolution is adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of Title 21 (Local Coastal Implementation Plan), of the Newport Beach Municipal Code . PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF AUGUST, 2019. AYES : Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey , Rosene, and Weigand NOES: ABSTAIN: ABSENT: PLANNING Planning Commission Resolution No. PC2019-025 Page 8 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 1. 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. Use Permit No. UP2019-025 and Coastal Development Permit No. CD2019-025 shall expire unless exercised within 24 months from the date of approval as specified in Section 20. 91. 050 of the NBMC, unless an extension is otherwise granted. 5. Prior to the issuance of any required building permits or initiation of a medical office use, applicable Fair Share Traffic Fees shall be paid to convert the space from office to medical office in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of the NBMC. The Owner shall be credited for the existing office use, and shall pay the net difference for the medical office use. 6. All employees and patrons of the medical offices shall park on-site within the shared parking area for the Coast Business Center. 7. The floor area allowed for medical office uses is a maximum of 31,806 square feet. Any increase in floor area may require the review and approval of an amended or new conditional use permit and/or coastal development permit. 8. If there is a change in on-site staffing or the business operations that creates a deficiency in parking supply or results in a parking impact to surrounding businesses, the Applicant shall prepare and submit a parking management plan for review and approval by the Community Development Director. 9. This Use Permit and Coastal Development Permit may be modified or revoked by the 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. Planning Commission Resolution No. PC2019-025 Page 9 of 9 10. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit and Coastal Development Permit or the processing of a new Use Permit and Coastal Development Permit. 11. 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 building permits for medical office tenant improvements. 12. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Use PermiUCoastal Development Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Use PermiUCoastal Development Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 13. 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. 14. 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. 15. 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 Coast Business Center Parking Waiver including, but not limited to, Use Permit No. UP2019-025 and Coastal Development Permit No. CD2019-025 (PA2019-101). 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.