No preview available
HomeMy WebLinkAboutZA2025-007 - APPROVING A COASTAL DEVELOPMENT PERMIT FOR A NEW TWO-STORY MEDICAL BUILDING LOCATED AT 3900 WEST COAST HIGHWAY (PA2024-0188) RESOLUTION NO. ZA2025-007 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A COASTAL DEVELOPMENT PERMIT FOR A NEW TWO-STORY MEDICAL BUILDING LOCATED AT 3900 WEST COAST HIGHWAY (PA2024-0188) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Boulder Associates (Applicant) on behalf of Hoag Memorial Hospital Presbyterian (Owner), concerning property located at 3900 West Coast Highway and legally described as a portion of lot 172 in Block 1 of the Irvine Subdivision (Property), requesting approval of a coastal development permit (CDP). 2. The Applicant requests a CDP to construct a new two-story, 28,323 square-foot medical building with outdoor patios and associated improvements such as landscaping, hardscaping, a trash enclosure and site circulation at an existing surface parking lot in the Lower Campus of the hospital. The first floor is 15,466 square-feet and will support a 28-bed, short stay residential care program that operates 24 hours a day, seven days a week, where patients can stay up to 45 days. The second floor is 12,198 square feet and will support six outpatient therapy group classrooms, for up to 86 patients per day and will operate Monday to Friday from 8:00 a.m. to 9:00 p.m. (Project). No deviations from the Newport Beach Municipal Code (NBMC) or Hoag Memorial Hospital Presbyterian Planned Community (PC38) are requested. 3. The Property is located within the Hoag Memorial Hospital Presbyterian Planned Community (PC38) and is designated as Private Institution (PI) by the General Plan Land Use Element. 4. The Property is located within the coastal zone. The Property is designated as Private Institutions (PI-B) (0.0 – 0.75 FAR) by the Coastal Land Use Plan. 5. A public hearing was held on January 30, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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. All potential environmental concerns have been addressed in previously certified Supplemental Final Environmental Impact Report (SEIR) (SCH No.19910071003) and Final Environmental Impact Report (FEIR) No. 142 as referenced in SEIR, that the City of Newport Beach intends to use said documents for the above-noted project, and further that there are no additional reasonable alternatives or mitigation measures that Zoning Administrator Resolution No. ZA2025-007 Page 2 of 11 01-17-23 should be considered in conjunction with said project. Copies of the previously prepared environmental documents for Hoag Memorial Hospital Presbyterian are available for public review and inspection at the Planning Division or the City of Newport Beach website at: CEQA Environmental Documents. 2. The Zoning Administrator finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time-consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages that may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015(F) (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. Facts in Support of Finding: 1. The Property is located within the Coastal Zone. The Property is categorized as Private Institution (PI-B) (0.0 – 0.75 FAR) by the Coastal Land Use Plan (CLUP) and is located within the Hoag Memorial Hospital Presbyterian Planned Community (PC38). The Project is for a new two-story medical building to provide outpatient and residential care services. 2. The Project complies with applicable development standards of the Hoag Memorial Hospital Presbyterian Planned Community (PC38) including, but not limited to use, development limits, setbacks, height and parking. a. The Project complies with PC38 which allows residential care and outpatient therapy uses on the Lower Campus of the Property by right. b. The maximum development limit of the Lower Campus of the Property is 577,889 square-feet. There is 207,405 square-feet of existing building area on the Lower Campus and the Project proposed 28,158 square-feet for a total building area of 235,563 square-feet. The Project therefore complies within the maximum development limit for the Lower Campus. c. The Project requires a 20-foot setback along the northern boundary of the Lower Campus and 45-foot setback along the West Coast Highway boundary. There is no required building setback along the western boundary of the Lower Campus. The Project proposes a 132-foot setback from the northern boundary and 82-foot Zoning Administrator Resolution No. ZA2025-007 Page 3 of 11 01-17-23 setback from the West Coast Highway boundary. The Project therefore complies with the setback requirements. d. PC38 specifies height limits for several areas throughout Property. The Project is located in Lower Campus Zone, sub-area B which allows a maximum structure height of 37 feet, as measured from grade (57 feet above mean sea level) along the West Coast Highway boundary and a maximum structure height of 43 feet, as measured from grade (63 feet above mean sea level) along the northern boundary of the Lower Campus. Additionally, PC38 requires that no structure shall exceed the height of the existing slope on the northern boundary. The proposed structure measures 34 feet, 6 inches from grade, which is 54 feet, 6 inches above sea level inclusive of the proposed patio located on the second floor and will not exceed the height of the existing slope on the norther boundary of the Lower Campus. The Project therefore complies with all height requirements. e. The Property currently provides 2,494 parking spaces through several parking structures and surface parking lots and 2,327 parking spaces are currently required. PC38 requires a parking rate of 2.31 parking spaces per 1,000 square feet of gross floor area for outpatient service and one space per 1,000 square feet of gross floor area for residential care. The Project includes 12,857 gross square feet of outpatient services and 15,466 gross square feet of outpatient services for a total parking requirement of 46 spaces. The new total required parking requirement for the Property is 2,353 parking spaces. The Project is located on an existing surface parking lot which will reduce onsite parking to 2,392 parking spaces. Therefore, the Property will continue to comply with the minimum parking requirements. f. Conceptual landscaping plans provide a minimum of 5% of surface parking areas to be devoted to planting areas as required by PC38 landscape standards and in compliance with Implementation Plan Section 21.30.075 (Landscaping). Condition of Approval No. 23 requires landscape design to provide drought tolerant plantings, non-invasive plant species and water efficient irrigation. g. The Project proposes a minimum top of slab elevation of 20.0 feet based on the North American Vertical Datum of 1988 (NAVD 88) which complies with the minimum 9.0-foot NAVD 88 top of slab elevation requirement. 2. The Lower Campus of the Property is developed with a range of single-, two-, and three- story medical buildings, a parking structure, temporary trailers, and a cogeneration facility. The Project’s two-story design, bulk, and scale of development is consistent with the existing Lower Campus’ pattern of development and complies with the height requirements specified in PC38. 3. The Property is not located within 200 feet of the water mean high tide line; therefore, a Coastal Hazards Report was not prepared for this Project. The Property does not have an existing bulkhead and is not directly abutting the shoreline. Zoning Administrator Resolution No. ZA2025-007 Page 4 of 11 01-17-23 4. The Property is in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and the CBC prior to building permit issuance. 5. The Project is located adjacent to coastal view roads and coastal viewpoints as identified in the Coastal Land Use Plan. The Project is located approximately 140 feet southeast from Sunset View Park which is identified as a Public Viewpoint and below Sunset Park Lane which is identified as a Coastal View Road by the Coastal Land Use Plan. Site evaluation revealed that the proposed two-story design, inclusive of proposed patio, is consistent with the existing pattern of development of the Lower Campus and will not affect the existing views afforded from Sunset Ridge Lane. The Project is also located within the viewshed of other distance coastal viewpoints including at Newport Island Park, Channel Park, and Cliff Drive Park; however, the Project is not visible from these locations due to the distance and intervening structures. The Project will construct a new two-story medical building that complies with all applicable Local Coastal Program (LCP) and PC38 development standards and maintains a building envelope consistent with the existing pattern of development of the Lower Campus. 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. 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 not located between the nearest public road and the sea or shoreline. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds. The Project therefore complies with the California Environmental Quality Act (CEQA). 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. PA2024-0188, subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. 3. 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 Zoning Administrator Resolution No. ZA2025-007 Page 5 of 11 01-17-23 Development Director by the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code (NBMC). Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JANUARY 2025. Zoning Administrator Resolution No. ZA2025-007 Page 6 of 11 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project 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 shall be limited to 28,323 square-feet of gross floor area. Upon approval of the Project, the total building area for the Lower Campus would be 235,563 square-feet. 3. The Project shall be limited to a height of 34 feet, 6 inches from grade and 54 feet, 6 inches above mean sea level and shall not exceed the height of the adjacent slope. 4. A minimum of 2,353 parking spaces shall be provided on the Property for Hoag to maintain compliance with parking requirements specified in PC38, including the proposed medical building. 5. All outpatient therapy sessions shall be conducted inside the building. 6. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 7. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new Coastal Development Permit. 8. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may cause the revocation of this Coastal Development Permit. 9. All proposed signs shall be in conformance with any approved Hoag Sign Program (Part VI of PC38) for the Property and provisions of Chapter 20.42 (Sign Standards) of the NBMC. 10. This Coastal Development 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 are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 11. Coastal Development Permit No. PA2024-0188 shall expire and become void unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. Zoning Administrator Resolution No. ZA2025-007 Page 7 of 11 01-17-23 12. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 13. Prior to the issuance of building permits, the Applicant shall submit a final lighting plan with a letter from a licensed electrical engineer stating that the Project complies with the requirements Section V.E (Lighting) and Section VII (Hoag Hospital Parking Regulations) of PC38 to minimize impacts to adjacent land uses. If 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. 14. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) 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. 15. All noise generated by the proposed use shall comply with the provisions of Section V.M (Noise Standards) of the PC38 and Chapter 10.26 (Community Noise Control) of the NBMC. 16. A Special Events Permit is required for any event or promotional activity outside the normal operating 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 NBMC to require such permits. 17. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 18. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 19. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 20. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in Zoning Administrator Resolution No. ZA2025-007 Page 8 of 11 01-17-23 confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 21. Debris from demolition shall be removed from work areas each day and removed from the Property within 24 hours of the completion of the Project. Stock-piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 22. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 23. Prior to the issuance of building permits, the Applicant shall submit a final landscape and irrigation plan for compliance with Section VIII (Hoag Hospital Landscape Regulations) of PC38. These plans shall incorporate drought tolerant plantings, non- invasive plant species, water efficient irrigation design and a minimum of 5% of surface parking areas devoted to planting areas. The plans shall be approved by the Planning Division. 24. Prior to the issuance of building permits, the Applicant shall submit a construction management plan to be reviewed and approved by the Community Development, Fire and Public Works Departments. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan 25. 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 kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 26. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. Zoning Administrator Resolution No. ZA2025-007 Page 9 of 11 01-17-23 B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, 2 or 1 short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 27. Prior to the issuance of building permits, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 28. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 29. The Project shall be incompliance with all applicable mitigation measures contained in Supplemental Final Environmental Impact Report (SEIR) (SCH No.19910071003). 30. 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 leasing agent. 31. To the fullest extent permitted by law, the 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 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 Hoag CareMar Medical Building including, but not limited to Coastal Development Permit (PA2024-0188). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Building Division 32. 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. 33. Building height, area, and story shall comply with Chapter 5 of the California Building Code (CBC) 2022. Zoning Administrator Resolution No. ZA2025-007 Page 10 of 11 01-17-23 34. Exterior wall and opening protection to the property line and between building shall comply with Table 705.5 and 705. 8 of the California Building Code (CBC) 2022. The plan shall show the assumed imaginary property line. 35. Medical office shall comply with OSHPD-3 requirements per Section 1226 of the California Building Code (CBC). 36. Residential treatment shall comply with Section R2.1 of Chapter 420 and 435 of the California Building Code (CBC). 37. Accessible residential rooms shall be per 11B-223.2.1. 38. Limit occupant load of group room to 49 occupant loads. 39. Plumbing fixture analysis shall comply with CPC Table 422.1. Accessible restrooms shall comply with 11B-213 of the California Building Code (CBC) 2022. 40. Circulation paths continuous to vehicular traffic shall be physically separated from vehicular traffic per 11b-250.1. 41. The ascending slope adjacent to the proposed building below shall set a distance of H/2 minimum from the slope to provide protection from slope drainage, erosion and shallow failures. When a wall is proposed, the top of wall elevation may be subtracted from the total height of the slope to determine the “H” to compute H/2, this minimum building distance from the wall. Public Works Department 42. Connections to the City water and sewer shall be installed per City Standards. 43. Parking layout shall comply with City standard 805. 44. Vehicular circulation shall be subject to further review by the Public Works Department Fire Department 45. Fire Department site and building access shall comply with Section 503 of the California Fire Code (CFC) 2022 and Newport Beach Fire Department (NBFD) guideline C.01. 46. Fire sprinklers shall be installed per with Section 903 of the California Fire Code (CFC) 2022 and Newport Beach Fire Department (NBFD) guideline F.05 and 2022 National Fire Protection Association 13 (NFPA) standards. 47. Fire alarm shall be installed per Section 907 of the California Fire Code (CFC) 2022 and comply with the R2.1 requirements of Section 907.2.11 of the California Fire Code (CFC) 2022 and 2022 National Fire Alarm and Signaling Code 72 (NFPA) standards. Zoning Administrator Resolution No. ZA2025-007 Page 11 of 11 01-17-23 48. An Emergency Radio Response Communications System shall be installed per Newport Beach Fire Department (NBFD) guideline D.05. 49. A two-way communication system shall be installed at elevator landings. 50. A fire underground supply line and onsite fire hydrants shall be required per Section 507 California Fire Code (CFC) 2022 and Newport Beach Fire Department (NBFD) guideline F.04. 51. Mechanical retractable fabric awnings shall meet the requirement of the Section 3105.4 of the California Building Code (CBC) 2022 for flame propagation test methods Utilities Department 52. Prior to the issuance of building permits, the Applicant shall provide a water demand study and wastewater capacity study for the new building. 53. The proposed storm drain lines will be located on private property and will be maintained by the property owner. 54. Prior to the issuance of building permits, the Applicant provide details showing the location, size, and material of sewer connections. 55. Prior to the issuance of building permits, the Applicant shall provide a video survey of the sewer line if the proposed building will tie into the private sewer line to confirm line conditions. If defects or issues are found, the line will be required to be repaired, replaced or relined at the discretion of the Utilities Director. 56. Prior the issuance of building permits, an inspection of the nearest manhole will be required to determine if the manhole needs to be lined at the discretion of the Utilities Director. Municipal Operations Department 57. Refuse enclosures shall be conveniently placed to meet the needs of the proposed building and be easily accessible for janitorial staff and meet the requirements listed in Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the NBMC. 58. Internal source separation (trash, recycling, and organic food scrap containers) shall be implemented in communal dining, food preparation, and break areas. 59. Tree height on slope shall not extend above the Sunset View Park sidewalk.