HomeMy WebLinkAboutOld Newport Blvd GP Amendment - PA2008-047CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 4, 2010
Agenda Item No. 3
SUBJECT: Old Newport Boulevard General Plan Amendment
328, 332, and 340 Old Newport Boulevard (PA2008 -047)
■ General Plan Amendment No. GP2008 -001
Use Permit No. UP2009 -005
■ Modification Permit No. MD2009 -016
Traffic Study No. TS2009 -002
APPLICANT: Micheal C. Adams Associates
PLANNER: Jaime Murillo, Associate Planner
(949) 644 -3209, Imurilloanewportbeachca.gov
PROJECT SUMMARY
The applicant is seeking a General Plan Amendment (GPA) to increase the allowable
floor area to land area ratio (FAR) for the project site from 0.5 FAR to 1.0 FAR. An FAR
of 1.0 could result in 25,725 square feet of development. Concurrent with the requested
General Plan Amendment, the applicant is proposing the construction of a 25,000 -
square -foot medical office building. The following approvals are requested or required in
order to implement the project as proposed:
1. An amendment to the Land Use Element of the General Plan to increase the
allowable FAR from 0.5 to 1.0 for the project site.
2. A modification permit to allow the proposed subterranean parking area to
encroach 3 feet into the 5 -foot rear yard setback.
3. A seven space off - street parking credit for the creation of seven on- street parking
spaces along the project frontage.
4. A use permit to allow an elevator and stairwell enclosure to exceed the 32 -foot
base height limit.
5. A traffic study pursuant to the City's Traffic Phasing Ordinance.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. (Attachment No. PC1) recommending that the City
Council:
Old Newport Boulevard GPA
February 4, 2010
Page 2
a. Adopt the Mitigated Negative Declaration, including the Mitigation
Monitoring and Reporting Program; and
b. Find that, based on the weight of the evidence in the administrative
record, including Traffic Study No. TS2009 -002, that the Project complies
with the Traffic Phasing Ordinance; and
c. Approve General Plan Amendment No. GP2008 -001 with a FAR of 0.75;
and
d. Approve Modification Permit No. MD2009 -016 and the requested off - street
parking credit; and
e. Deny Use Permit No. UP2009 -005.
I
VICINITY MAP
Old Newport Boulevard GPA
February 4, 2010
Page 3
ZONING
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
Old Newport Boulevard
ON-SITE
General Commercial
Specific Plan /Retail
General and medical office use
Office (CO -G)
Service Commercial (SP-
and one residential unit
9IRSC
NORTH
CO -G
SP -9 /RSC
Office building
SOUTH
CO -G
SP -9 1RSC
Office building
EAST
Single -Unit Residential
Single - Family Residential
Single -unit residential dwellings
Detached RS -D
R -1
WEST
CO -G
SP -9 /RSC
I Retail and office uses
Project Setting
The 0.59 -acre (25,725 square feet) project
legal lots) and is currently developed with
(0.54 FAR combined):
Old Newport Boulevard GPA
February 4, 2010
Page 4
site consists of three separate parcels (four
three buildings totaling 14,012 square feet
340 Old Newport Boulevard- 6,521- square -foot lot developed with a three -level
mixed -use building consisting of 5,000 square feet of general office space and a
1,000- square -foot residential dwelling unit (0.92 FAR). Parking is accessible from
Old Newport Boulevard and the alley.
332 Old Newport Boulevard- 13,341- square -foot parcel (consisting of two legal
lots) developed with a 3,012- square -foot medical office building (0.23 FAR).
Parking is accessible from Old Newport Boulevard and the alley.
328 Old Newport Boulevard- 5,890- square -foot lot developed with a two -level
5,000— square -foot general office building (0.85 FAR). Parking is accessible from
the alley.
Surrounding land uses include the Newport Heights single -unit residential neighborhood
to the east across the alley, a three -level office building to the south, a one -level office
building to the north, and three, one- to two -level commercial buildings to the west.
The project site slopes up south to north along Old Newport Boulevard (approximately a
10 -foot difference in grade elevation) and steeply slopes up west to east from Old
Newport Boulevard to the alley (approximately a 24 -foot difference in grade elevation).
Project Description
The applicant is seeking a General Plan Amendment (GPA) to increase the allowable
floor area to land ratio (FAR) of the project site from 0.5 FAR to 1.0 FAR. An FAR of 1.0
could result in 25,725 square feet of development (an increase of 12,862.5 square feet
of entitlement). At the time the application was submitted, Council Policy K -1 required
the submittal of a conceptual plan with any GPA application. The applicant's conceptual
plan has since evolved into a detailed plan, which consists of demolishing the existing
buildings on the site, consolidating the three parcels into one parcel; and constructing a
25,000- square -foot medical office building (Attachment No. PC 2).
The City Council removed the conceptual development plan requirement from Council Policy K -1 on
August 11, 2009.
Old Newport Boulevard GPA
February 4, 2010
Page 5
The proposed building would consist of four levels: two levels of parking and two levels
of office space. The first office level (3`d level) would consist of 15,447 square feet of
floor area. The second office level (4th level) would consist of 9,553 square feet of floor
area. Both parking levels would be partially below grade with vehicular access from Old
Newport Boulevard. Due to the slope of Old Newport Boulevard, vehicular access to the
lower parking level (15t level) would occur at the southwest corner of the site and
vehicular access to the upper parking level (2nd level) would occur from the northwest
corner of the site. No vehicular access from the alley at the rear of the site is proposed.
A total of 125 parking spaces are proposed: 58 spaces on the lower parking level, 60
spaces on the upper parking level, and 7 on- street parking spaces along the Old
Newport Boulevard frontage (see discussion in the Parking Credit section). The upper
parking level is proposed to be reserved for employees only. Each parking level would
provide for one -way vehicular circulation.
Primary pedestrian access into the building would be from the elevator and stairwell
lobby accessible from Old Newport Boulevard at the northwest corner of the site. This
elevator and stairwell would also provide access to employees and customers parked in
both parking levels. A secondary elevator and stairwell located at the southeast corner
of the site would also provide access from both parking levels, and would provide
pedestrian access from the alley.
The proposed building height would not exceed the 32 -foot base height limit, as
measured from natural grade, with the exception of the elevator and stairwell enclosure
located at the northwest corner of the site. The building design would conform to the
natural topography of the site and would include step backs at each level maintaining
the 32 -foot height limit. The elevator and stairwell enclosure would be approximately
600 square feet in area and is proposed to measure 44 feet 10 inches in height.
A total of 2,447 square feet of landscaping area is proposed. A 423 square -foot
landscape planter is proposed at the front of the building adjacent to Old Newport
Boulevard and an 877 - square -foot landscape planting area is proposed at the rear of
the site adjacent to the alley. Decorative paving (totaling 1,147 square feet) is proposed
within the 5 -foot rear yard (alley) setback to increase vehicular maneuverability through
the 20 -foot alley.
Background
Prior to the 2006 comprehensive update to the City's General Plan, the 1988 Land Use
Element permitted a maximum FAR of 0.75 for commercial uses located within the Old
Newport Boulevard corridor area, provided existing lots are consolidated into a single
development site. The Land Use Element also permitted mixed commercial /residential
development up to a total FAR of 1.25 (0.5 commercial and 0.75 residential) and a total
FAR of 1.4 (0.65 commercial and 0.75 residential), provided existing lots are
consolidated into a single development site.
Old Newport Boulevard GPA
February 4, 2010
Page 6
When the 2006 comprehensive update to the General Plan was adopted, the provisions
for mixed use development and the increased FAR limitations for lot consolidation were
eliminated from the Old Newport Boulevard corridor area of the General Plan. The
current Land Use Element of the General Plan limits development to a maximum FAR
of 0.5 and no longer permits mixed -use developments:
Unfortunately, the property owner began acquiring ownership of and developing plans
for the subject properties prior to the 2006 General Plan Update with the assumption
that he could consolidate the lots into a single development site and develop the site for
mixed commercial /residential development up to the maximum 1.4 FAR. The property
owner consulted with City staff early in the General Plan Update process and was
assured the development limitations would not change; however, in the final phases of
the General Plan Update, it was decided that development incentives for the increased
FAR and provisions for mixed -use development should be removed.
Subsequent to the approval of the 2006 General Plan Update, the property owner
approached staff for early consultation on a proposed mixed -use development and was
notified that project was no longer consistent with the General Plan and could not be
approved.
In March of 2008, the applicant submitted an application to amend the General Plan to
allow the proposed mixed -use development consistent with the 1988 Land Use Element
provisions and current Old Newport Boulevard Specific Plan regulations; however, due
to staffs concerns about bulk and mass, height, and creating an island of residential
uses in a commercial area, the applicant subsequently revised his application to the
currently proposed medical office development. .
General Plan
General Plan Policies
The project site is located within the Old Newport Boulevard commercial corridor. The
Land Use Element of the General Plan designates the site General Commercial Office
(CO -G) with a maximum allowable development limit of 0.5 FAR. The CO -G designation
is intended to provide for administrative, professional, and medical offices with limited
accessory retail and service uses. The proposed medical office building would be
consistent with this designation; however, the applicant is requesting to increase the
allowable FAR to 1.0.
The General Plan includes several goals and policies related to development in the City
and indicates that, with the completion of Newport Boulevard as the primary entry into
the City, vehicular trips have shifted away from Old Newport Boulevard and resulted in a
ro
Old. Newport Boulevard GPA
February 4, 2010
Page 7
reduction in the corridor's economic vitality, which has significantly changed the land
use. mix in the area; therefore, the General Plan also includes a specific goal and
policies pertaining to development in the Old Newport Boulevard corridor area. In the
Old Newport Boulevard area, the General Plan provides for the development of
professional offices, retail, and other uses that support Hoag Hospital, and retail uses
serving the adjoining residential neighborhoods. A complete consistency analysis of
each of the applicable General Plan policies appears within the Draft Mitigated Negative
Declaration on pages 51 through 57 and concludes that the project is consistent with
each of the adopted goals and policies.
In considering the proposed GPA to increase the development intensity of the project
site, the Planning Commission should specifically consider the following Land Use
Element policy:
LU 3.2 Growth and Change
Enhance existing neighborhoods, districts, and corridors, allowing for re -use and
infill with uses that are complementary in type, form, scale, and character.
Changes in use and /or densitylintensity should be considered only in those areas
that are economically underperforming, are necessary to accommodate Newport
Beach's share of projected regional population growth, improve the relationship
and reduce commuting distance between home and jobs, or enhance the values
that distinguish Newport Beach as a special place to live for its residents. The
scale of growth and new development shall be coordinated with the provision of
adequate infrastructure and public services, including standards for acceptable
traffic level of service. (Imp 1. 1, 2.1, 5.1, 10.2, 16.2, 16.3, 17.1, 18.1, 19.1, 22. 1,
23.1, 23.2)
The applicant asserts that it is financially infeasible to redevelop the properties at the
currently permitted 0.5 FAR limit and construct the required subterranean parking. If this
is the case, the proposed GPA for increased intensity could be considered consistent
with LU 3.2 as follows:
• The General Plan recognizes the Old Newport Boulevard corridor as an area that
has experienced reduced economic vitality.
• The increased intensity would provide an economic stimulus needed to
accommodate the redevelopment of three separate, nonconforming and
underperforming properties into one medical office building.
• As stated in the General Plan, Newport Beach residents desire high quality
development and redevelopment of underperforming, nonconforming properties.
• Redevelopment of the subject property may help revitalize the corridor and
encourage redevelopment of other underperforming properties within the Old
Newport Boulevard corridor.
'G7
Old Newport Boulevard GPA
February 4, 2010
Page 8
The project site is served by existing infrastructure and public services. The
proposed increase in intensity will not necessitate any expansion of existing
infrastructure.
• As described in more detail in the Traffic Study section of this report, a traffic
impact analysis was prepared for the project and found that the addition of
project - related traffic would not have a significant impact at any of the study
intersections.
Although the proposed GPA can be found consistent with the General Plan goals and
policies, the Planning Commission should consider the fairness of granting an increased
1.0 FAR intensity limit to a single property owner within an existing commercial corridor
area. Generally, staff supports a GPA for increased intensity as it will provide the
economic stimulus needed to accommodate redevelopment of the properties; however,
staff is concerned with the appropriateness of a 1.0 FAR intensity limit, given that the
scale and character of the proposed project would contrast with the older development
in the area consisting of smaller parcels with lesser commercial intensities. As illustrated
by the discussion under the Zoning & Site Design section of this report, the project can
be developed at a 1.0 intensity limit; however, it requires maximization of the building
envelope and several deviations from development standards in order to accommodate
the project.
General Plan Table Change
As indicated above, the primary benefit of approving the proposed GPA would be the
resulting redevelopment and consolidation of three parcels (four legal lots) into one
unified development. Amendments to the General Plan are legislative, and as such,
conditions of approval may not be imposed on the GPA requiring that the consolidation
of the three parcels actually occur. Therefore, should this proposed GPA be approved,
staff is recommending that a new anomaly (Anomaly No. 76) be created within the Land
Use Element that limits the project site to a 0.5 FAR, but which includes provisions for a
1.0 FAR, provided all four legal lots are consolidated into one parcel to provided unified
site design. See Attachment No. PC3 for draft changes to Land Use Element.
Charter Section 423 (Measure S)
Charter Section 423 requires that major General Plan Amendments be voted upon by
the electorate. A major General Plan Amendment is one that increases the General
Plan by 40,000 square feet of non - residential floor area or increases traffic by more than
100 peak hour vehicle trips or increases residential dwelling units by 100 units. Council
Policy A -18 requires that proposed amendments to the General Plan be reviewed to
determine if a vote of the Newport Beach electorate would be required. The proposed
GPA is located in Statistical Area H1 of the Land Use Element of the Newport Beach
"I
Old Newport Boulevard GPA
February 4, 2010
Page 9
General Plan and will result in an increase of 12,862.5 square feet of non - residential
entitlement.
The proposed GPA does not create any new dwelling units and does not exceed the
non - residential floor area threshold. Also, based on the trip generation rates contained
in the Council Policy A -18 (blended commercial rate), the proposed GPA is forecast to
generate an additional 39 a.m. peak hour trips and 52 p.m. peak hour trips.
Therefore, none of the three thresholds that require a vote pursuant to Charter Section
423 are exceeded. No other prior amendments have been approved within Statistical
Area H1 since the adoption of the 2006 General Plan and no vote would be required
based on cumulative amendments. If approved, this amendment will be tracked for ten
years in accordance with Section 423.
Zoning & Site Design
Zoning Compliance
The project is located within the Retail, Service & Commercial (RSC) land use
designation of the Old Newport Boulevard Specific Plan (SP -9) District. The purpose of
the Specific Plan is to establish policies to guide the orderly development and
improvement of the Old Newport Boulevard area. Goals of the Specific Plan include:
enhancing the appearance, access, and identifying the area as one of the primary entry
points into the City; encouraging the redevelopment and upgrading of Old Newport
Boulevard as a commercial district with retail sales and office opportunities; establishing
guidelines and standards for new development, public improvements, and landscaping
that will encourage harmonious transitions and minimize conflicts between different land
uses; and improving access, viability, and parking in order to encourage visitor traffic
and increase business activity within the district. The Specific Plan also implements the
development incentives for lot consolidation of the 1988 Land Use Element, which are
no longer applicable.
Redevelopment of the project site as a medical office building is consistent with, and
encouraged by, the Specific Plan. The project complies with the basic SP -9 /RSC
development standards related to lot size, setbacks, height, landscaping, parking, and
vehicular access. However, the project does not comply with a landscaping
requirement pertaining to the planting of trees, the subterranean parking encroaches
into the 5 -foot rear yard setback, and the elevator and stairwell located at the northwest
0
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12.8625 3 a.m. trips
38.59 a.m. trips
12.8625 4 p.m. trips
51.45 p.m. trips
Therefore, none of the three thresholds that require a vote pursuant to Charter Section
423 are exceeded. No other prior amendments have been approved within Statistical
Area H1 since the adoption of the 2006 General Plan and no vote would be required
based on cumulative amendments. If approved, this amendment will be tracked for ten
years in accordance with Section 423.
Zoning & Site Design
Zoning Compliance
The project is located within the Retail, Service & Commercial (RSC) land use
designation of the Old Newport Boulevard Specific Plan (SP -9) District. The purpose of
the Specific Plan is to establish policies to guide the orderly development and
improvement of the Old Newport Boulevard area. Goals of the Specific Plan include:
enhancing the appearance, access, and identifying the area as one of the primary entry
points into the City; encouraging the redevelopment and upgrading of Old Newport
Boulevard as a commercial district with retail sales and office opportunities; establishing
guidelines and standards for new development, public improvements, and landscaping
that will encourage harmonious transitions and minimize conflicts between different land
uses; and improving access, viability, and parking in order to encourage visitor traffic
and increase business activity within the district. The Specific Plan also implements the
development incentives for lot consolidation of the 1988 Land Use Element, which are
no longer applicable.
Redevelopment of the project site as a medical office building is consistent with, and
encouraged by, the Specific Plan. The project complies with the basic SP -9 /RSC
development standards related to lot size, setbacks, height, landscaping, parking, and
vehicular access. However, the project does not comply with a landscaping
requirement pertaining to the planting of trees, the subterranean parking encroaches
into the 5 -foot rear yard setback, and the elevator and stairwell located at the northwest
0
Old Newport Boulevard GPA
February 4, 2010
Page 10
corner of the site exceed the base height limit. The following table provides a summary
of the project's compliance with applicable development standards:
Side
0
2 feet on north side; and
5 inches on south side
Building above grade: varies from 5 feet to
16 feet.
Rear
5 feet min.
Subterranean Parking: 2 feet (requires
modification permit)
Main Building: 32 feet
Height
32 feet max.
Elevator and stairwell enclosure: 44 feet 10
inches (requires use permit)
30,687.5 square feet
Bulk
0.75 or 19,293.75 square feet max.
(1.25 or 32,156.3 square feet permitted if
GPA approved)
125 spaces total
125 spaces total
Parking
(1 space /200 square feet)
118 spaces off - street
7 spaces on- street (requires approval
of parking credit
Non - residential projects with ingress or
egress from alleys accessed from
No vehicular access is proposed from alley
Vehicular
Holmwood are subject to Site Plan
adjacent to residential area. All vehicular
Access
Review to minimize traffic and parking
access will occur from Old Newport
impacts on adjacent single - family
boulevard. No Site Plan review required.
residential areas.
1. 8% of site (2,049 sf total); 1/2
1. 2,447 sf total (46% consists of
of landscaping may consist of
decorative paving)
decorative paving
2. 7 trees provided
Landscaping
2. 1 tree /50' of frontage (6 trees
req'd)
3. Trees shall be planted within 5'
3. Trees are planted in public R.O.W.
of front or side PL
(does not meet Code, project has
been conditioned to comply)
On structures with FAR of 0.65 or
higher, front walls shall be setback at Project complies. Front walls step back
Wall least 1 -foot for every foot in excess of consist with the natural topography of the
Articulation 24 feet above grade. 20% of the length site. The elevator and stairwell located at
of the building fagade may exceed the the northwest corner of the site complies
24 -foot height limit up to the maximum with the 20% limitation.
Old Newport Boulevard GPA
February 4, 2010
Page 11
Modification Permit Request
The proposed project encroaches up to 3 feet into the required 5 -foot rear yard (alley)
setback with portions of the subterranean parking levels. Although the encroachments
are below grade, the Zoning Code does not include any exceptions for below -grade
improvements and a modification permit is required. Section 20.93.030 of the Zoning
Code requires the Planning Commission to make certain findings in order to approve a
modification permit. These findings and the facts in support of these findings are
discussed below:
1. Finding: The granting of the application is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
Facts in Support of Finding: The purpose and intent of the off -site parking
regulations of the Zoning Code is to ensure sufficient parking is provided for new
and expanded land uses, and to ensure efficiency, protect the public safety, and,
where appropriate, insulate land uses from adverse impacts. Also, one of the
Specific Plan goals is to minimize traffic and parking impacts on adjacent single -
unit residential areas by discouraging ingress and egress from the alley
accessible from Holmwood Drive.
If the GPA is approved to allow the increased intensity of a 1.0 FAR, strict
application of the parking requirements requires the proposed medical office
building to provide a total of 125 parking spaces. A practical difficulty exists in that
the project site is relatively shallow (approximately 100 feet deep between Old
Newport Boulevard and the rear alley), which creates design constraints for
providing adequate parking circulation and requires the use of the entire lot area
to meet the on -site parking requirements. Given the constraints of the shallow
lot, only one -way vehicular circulation can be accommodated on each level and
ramps necessary to access an additional subterranean parking level would not
be achievable.
A practical difficulty also exists in that the rear property line curves slightly,
necessitating the 3 -foot encroachment only within the middle portion of the site. If
the site were rectangular in shape, the 3 -foot encroachment would not be
necessary.
Therefore, the required number of parking spaces cannot be accommodated on-
site without the minor below -grade encroachments. The alternative is a parking
layout designed to provide an additional parking level accessible from the alley,
which would be inconsistent with the purpose and intent of the Specific Plan.
12-
Old Newport Boulevard GPA
February 4, 2010
Page 12
2.. Finding: The requested modification will be compatible with the existing
development in the neighborhood.
Facts in Support of Finding: The 3 -foot encroachment into the rear 5 -foot setback
occurs entirely below grade and will not be visible from the alley. At grade, only the
two office levels of the building will be visible and will maintain a setback greater
than the required 5 feet for a majority of the alley frontage. The required 5 -foot
setback area will be entirely paved with decorative paving and a landscaping
planting area will be provided beyond, significantly improving the aesthetics of the
project as viewed from the alley.
3. Finding: The granting of such an application will not adversely affect the health
or safety of persons residing or working in the neighborhood of the property and
will not be detrimental to the general welfare or injurious to property or
improvements in the neighborhood.
Facts in Support of Finding: Granting the modification for the subterranean
encroachments allows the project to provide the required on -site parking, while
limiting vehicular ingress and egress to Old Newport Boulevard and ensuring that
the residential area across the alley is protected from vehicular disturbances
associated with the project. Also, since the encroachments occur entirely below
grade, vehicular maneuverability through the alley will not be impacted. At grade,
the rear 5 -foot setback will consist of decorative paving that, when combined with
the 20- foot -wide alley, would ultimately allow for 25 feet of vehicle maneuverability
through the alley.
Use Permit for Increased Height
The project site is located in the 32/50 -foot Height Limitation Zone that permits buildings
and structures to exceed the 32 -foot base height limit, up to the maximum height limit of
50 feet, through the approval of a use permit.
Overall, the building design conforms to the natural topography of the site and includes
step backs at each level while maintaining the 32 -foot height limit; however, in order to
provide an entry lobby clearly visible and accessible from the Old Newport Boulevard
frontage, an elevator and stairwell enclosure is proposed to be located at the northwest
corner of the site and will exceed the base height limit. The elevator and stairwell
enclosure would be approximately 600 square feet in area and measure 44 feet 10
inches in height.
Section 20.65.055 of the Zoning Code requires the Planning Commission to make
certain findings in order to approve a use permit to exceed the base height limit. Staff
does not believe sufficient facts exist in support of the first finding. The required findings
and the facts in support of these findings are discussed below:
Old Newport Boulevard GPA
February 4, 2010
Page 13
1. Finding: The increased building height would result in more public visual open
space and views than is required by the basic height limit in any zone. Particular
attention shall be given to the location of the structure on the lot, the percentage
of ground cover, and the treatment of all setback and open areas.
Facts Not in Support of Finding (Staff seeks Planning Commission
Guidance):
This finding is difficult to support given the fact that developing a project at an
intensity of 1.0 FAR requires utilizing the building envelope to accommodate the
project, leaving limited opportunity to provide significantly increased public visual
open space and views. The project architect has designed an alternative plan
that fully complies with the height limit and achieves the same floor area as the
proposed design (Attachment No. PC4); the elevator and stairwell would have to
be relocated from the northwestern corner to the northeastern corner of the
project site where the natural grade elevations are higher. The relocation of the
elevator and stairwell to the rear of the building would displace office floor area
and require enlargement of the footprint of the 15t office level to replace the
displaced floor area (reducing above -grade setback at alley). The alternative plan
places the elevator and stairwell closer to the adjacent residential area.
In comparing the proposed plan with the alternative plan, there is little difference
in regards to lot coverage, landscaping, setbacks, and open space. The
difference is in the above -grade building setback and landscaping planting area
provided at the rear of the project adjacent to the alley. With the proposed plan,
an above -grade building setback ranging from 5 feet to 16 feet is provided with
an 877 - square -foot landscape planting area. This setback and landscaping
enhance the aesthetics of the project as viewed from the alley frontage and
adjacent residential uses (public visual open space). In the alternative plan, the
above -grade building setback is significantly reduced and the area of
landscaping that can be accommodated is reduced to 344 square feet (a 40-
percent reduction).
With the exception of an increase in the above -grade building setback and
landscaping provided at the alley, there is little change in public visual open
space and no change in views. Staff does not believe this change is sufficient to
support this required finding. It should also be noted that staff is not completely
convinced that an alternative plan could not be designed that maintains the same
above -grade setbacks and landscaping at the alley, but enlarges the footprint of
the office levels toward the front of the building (reducing balcony area) in areas
that would still remain under the height limit.
2. Finding: The increased building height would result in a more desirable
architectural treatment of the building and a stronger and more appealing visual
character of the area than is required by the basic height limit in any zone.
1�
Old Newport Boulevard GPA
February 4, 2010
Page 14
Facts in Support of Finding: The proposed design allows for an entry lobby
clearly visible and accessible from the Old Newport Boulevard frontage.
Architecturally, this enclosure also serves as a design element that breaks up the
long elevation of the project frontage and creates visual interest.
As indicated above, the project architect has designed an alternative plan that
fully complies with the height limit and achieves the same floor area as the
proposed design; however, to provide access from the lower parking levels to the
upper office levels, the subject elevator and stairwell would have to be relocated
to the northeastern corner of the project site where the natural grade elevations
are higher.
The result of this design would be a less desirable architectural treatment of the
building in that the building's primary entry would be eliminated from Old Newport
Boulevard and the building elevation visible from Old Newport Boulevard would
be heavily dominated by the parking structure. Safe pedestrian access from the
Old Newport Boulevard street frontage would be lost as patients parking on the
street would have to walk through the driveway entries and through the parking
structure to access the building lobbies. This design would also be inconsistent
with General Plan Policy LU 5.4.1 which requires readily observable site access,
entrance drives, and building entries to minimize conflicts between service
vehicles, private automobiles, and pedestrians. It would also be inconsistent with
Policy LU 5.4.2 which requires new developments to be designed to convey a
unified and high - quality character in consideration of several principles, including
clearly identifying the entry of the building through design elements.
3. Finding: The increased building height would not result in undesirable or abrupt
scale relationships being created between the structure and existing
developments or public spaces. Particular attention shall be given to the total
bulk of the structure including both horizontal and vertical dimensions.
Facts in Support of Finding: The project site maintains a relatively long
frontage width of approximately 290 feet along Old Newport Boulevard. To
minimize the massing and scale of the building as viewed from Old Newport
Boulevard, the proposed design includes step backs at each of the office levels
following the natural topography of the site.
As viewed from the alley frontage, the increased height of the elevator and
stairwell enclosure will not be visible from the alley or residences to the east as
the overall elevation to the top of the enclosure (101.33 feet) would remain lower
than the elevation of the portion of the building facing the alley (103.00 feet).
As viewed from the Old Newport Boulevard frontage, the increased height of the
elevator and stairwell enclosure . will be clearly noticeable as it is located
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Old Newport Boulevard GPA
February 4, 2010
Page 15
immediately adjacent to the front property line and will measure approximately 40
feet in width, which is approximately 14- percent of the frontage width. However,
given the fact that the upper office level adjacent to the alley is higher in overall
elevation, the elevator and stairwell enclosure would not result in an abrupt scale
relationship. Also, as discussed in the second finding above, providing an entry
lobby clearly visible and accessible from the Old Newport Boulevard frontage is
desirable and encouraged by the General Plan.
4. Finding: The structure shall have no more floor area than could have been
achieved without the use permit.
Facts in Support of Finding: The proposed structures will have no more floor
area than could have been achieved without requesting the increased height.
Parking Credit
Based on the Zoning Code parking requirements for medical office uses, a total of 125
parking spaces are required (25,000 sf /200 = 125 spaces). As indicated in Table 2
above, the project proposes a total of 125 parking spaces; however, 7 parking spaces
are proposed on- street: Pursuant to Section 20.46.040.E of the Old Newport Boulevard
Specific Plan, developments which maintain a 50 -foot (full height curb) separation
between driveway approaches on Old Newport Boulevard may be granted an off - street
parking credit equal to the number of on- street parking spaces available along that
frontage. This parking credit is offered as an incentive for lot consolidation to provide
unified site design.
The project as proposed maintains a separation greater than 200 feet between driveway
approaches. Staff believes that the 7 space off - street parking credit is appropriate in the
case for the following reasons:
• The project is creating 7 new on- street parking spaces where no on- street
parking or sidewalks currently exists along the project frontage.
• The parking spaces are so located to be useful in connection with the proposed
use.
• Given the land -use mix in the area, use of the 7 parking space will not negatively
impact parking for visitors to the area (i.e. on- street parking is not used for beach
access or shopping).
• The parking credit allows for lot consolidation and unified site design.
Employee Parking Reservations
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Old Newport Boulevard GPA
February 4, 2010
Page 16
The applicant consulted with the Building Department to seek approval of an alternative
method to satisfy the State Disabled Access Standard, which requires that 10 percent of
the total number of parking spaces for medical office use meet accessibility requirements
(13 spaces). Due to the required loading areas and paths of travel associated with
disabled parking, combined with need to provide adequate parking circulation within the
constraints of the shallow lot, accommodating the 13 disabled parking spaces would result
in the loss of 7 parking spaces overall. The loss of the 7 spaces would reduce the amount
of floor area that can be supported by approximately 1,500 square feet.
The applicant contends that only 50 of the 125 required parking spaces are needed for
patient parking and subject to the 10 percent disabled parking requirement for medical
office use (5 disabled spaces). The remaining 75 employee spaces should be subject to
the standard disabled access parking requirements, which is based on a graduated scale
and would only require 3 disabled spaces. Using this categorization of patienttemployee
parking, a total of 8 disabled parking spaces would be required.
The Building Director has reviewed the applicant's justification for employee and patient
parking projections and has agreed to allow this categorization of parking, subject to
submitting an application for Alternate Methods and Materials with the Building
Department and recording a covenant on the property restricting the number of employee
parking spaces as proposed.
The proposed plan reserves eight parking spaces on the lower level and all spaces on the
upper parking level for employee parking, consistent with the agreed upon parking
categorization. Staff has recommended a condition of approval requiring the recordation of
a covenant.
Compatibility with Adjacent Residential Lot
The residential property located at 325 Holmwood Drive (Mr. Vanderwal) shares the entire
alley frontage with the subject property. Although the proposed building design conforms
to the required setbacks (above - grade) and the height limit adjacent to the alley, the
relatively long common alley frontage that results and the intensity of a 1.0 FAR increases
the potential for land use compatibility impacts to the adjacent residential property (i.e.
noise, odor, lighting, and privacy).
Trash /Odor- A trash enclosure has not been identified on the proposed plans; however,
after discussion with the project architect, the only logical location for refuse collection
would be at the rear of the project site adjacent to the alley: The architect has indicated the
enclosure could be recessed into the building, which would maintain the above -grade
building setbacks adjacent to the alley, but would require the loss of a small amount of the
proposed landscaped area. Staff is recommending a condition of approval requiring the
trash enclosure to be recessed into the building as indicated. Also, to minimize noise and
odor impacts to the adjacent resident, staff is recommending that the enclosure be located
at the southeast corner of the site.
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Old Newport Boulevard GPA
February 4, 2010
Page 17
Lighting/Privacy- At the alley frontage, the proposed building design maintains a typical
modern office building design and includes 39 sets of windows. In addition to the loss of
privacy, spill -over lighting from these windows may also. impact the adjacent residential
property. Although mitigation measures have been included to minimize light and glare
impacts, to further minimize lighting impacts and address privacy concerns, staff is
recommending that the final project design include automated internal shades set to close
in the evenings and an internal lighting system that would auto -dim after standard work
hours, leaving small task lighting for janitorial activities and to light areas where employees
may be working late. Another alternative to maintain privacy for the adjacent residences
would be to require all windows facing east to consist of opaque glass, which will still allow
natural light into the workspace. Similar controls were required for the new Civic Center
project as a mitigation measures to protect adjacent residential areas.
Traffic Study
Municipal Code Chapter 15.40 (Traffic Phasing Ordinance, or TPO) requires that a
traffic study be prepared and findings be made before building permits may be
approved for project's that will generate in excess of 300 average daily trips (ADT). For
the purposes of preparing the traffic analysis for this project, 25,7252 square feet of
medical office use was conservatively considered as the project size and forecast to
generate 703 additional trips per day, including 35 additional a.m. peak hour trips and
63 p.m. peak hour trips.
Pursuant to Section 15.04.030.A, the project shall not be approved unless certain
findings can be made. These findings and the facts in support of these findings are
discussed below:
1. Finding: That a traffic study for the project has been prepared in compliance with
this chapter and Appendix A;
Facts in Support of Finding: A traffic study, entitled "City of Newport Beach,
Old Newport Boulevard Sub -Area Project Traffic Impact Analysis (Revised) dated
September 30, 2009" was prepared by Kunzman Associates under the
supervision of the City Traffic Engineer pursuant to the TPO and its implementing
guidelines (Attachment NO. PC5). Pursuant to the TPO, only primary
intersections in the City of Newport Beach are required to be analyzed; however,
for the purposes of assessing project - related impacts pursuant to CEQA, the
traffic analysis also analyzed intersections in the City of Costa Mesa and
included a cumulative impact analysis. Based on consultation between the Cities
of Newport Beach and Costa Mesa staff, a total of 17 intersections were
evaluated.
2 25,725 square feet is the maximum square footage permitted on the project site with a 1.0 FAR.
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Old Newport Boulevard GPA
February 4, 2010
Page 18
2. Finding: That, based on the eight of the evidence in the administrative record,
including the traffic study, one of the findings for approval in subsection (B) can
be made:
15.40.030.B.1 Construction of the project will be completed within 60 months
of project approval, and
15.40.030.B.1(a) The project will neither cause nor make an unsatisfactory
level of traffic service at any impacted intersection.
Facts in Support of Finding:
• Construction of the project is anticipated to start in 2010 and completed in
2012. If the project is not completed within sixty (60) months of this approval,
preparation of a new traffic study will be required.
• The traffic study indicates that the project will increase traffic on three of the
ten study intersections in the City of Newport Beach by one percent (1 %) or
more during peak hour periods one year after the completion of the project.
• Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the
Traffic Phasing Ordinance, the traffic study determined that the three primary
intersections identified will continue to operate at satisfactory levels of service
as defined by the Traffic Phasing Ordinance, and no mitigation is required.
• Based on the weight of the evidence in the administrative record, including
the traffic study, the implementation of the proposed project will neither cause
nor make worse an unsatisfactory level of traffic service at any impacted
primary intersection within the City of Newport Beach.
3. Finding: That the project proponent has agreed to make or fund the
improvements, or make the contributions, that are necessary to make the
findings for approval and to comply with all conditions of approval.
Facts in Support of Finding: Since implementation of the proposed project will
neither cause nor make worse an unsatisfactory level of traffic service at any
impacted primary intersection within the City of Newport Beach, no
improvements or mitigations are necessary. Therefore, staff recommends that
the Planning Commission find that the traffic study has been prepared in
compliance with the TPO.
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Old Newport Boulevard GPA
February 4, 2010
Page 19
Environmental Review
A Mitigated Negative Declaration (MND) has been prepared by Sirius Environmental, an
environmental consulting firm, for the proposed project in accordance with the
implementing guidelines of the California Environmental Quality Act (CEQA). The MND
is attached as Attachment No PC6. The MND identifies nine issue areas with 23
mitigation measures. Those issues are: Aesthetics, Cultural Resources, Air Quality,
Hazards /Hazardous Materials, Hydrology and Water Quality, Noise, Public Services,
Traffic, and Utilities.
The MND was circulated for public review on December 14, 2009, and concluded on
January 12, 2010. Staff has received three comment letters from agencies and one
comment letter from the resident (Mr. Jay Vanderwal) who lives directly behind the
project site across the alley. Comment letters are attached as Attachment No. PC7).
The letters from Southern California Gas Company and Metropolitan Water District
indicate their capabilities to service the project. The letter from the State Department of
Transportation focuses on the traffic study; responses to this letter have been provided
as Attachment No. PC8). Staff has had conversations regarding the traffic study with the
City of Costa Mesa, but they ultimately did not provide written comments.
Summary
Staff believes the project as proposed can be constructed at a 1.0 FAR, and with the
exception of the requested use permit for the increased height, the required findings for
the various approvals can be supported; however, staff recommends that the Planning
Commission approve the GPA at a 0.75 FAR intensity limit, consistent with the limit that
was previously achievable under the 1988 Land Use Element. A project re- designed at
a reduced 0.75 FAR may eliminate the need for a second office level and for the use
permit for the increased height of the stairwell, and should result in a project that is
more compatible in scale to the surrounding commercial properties. A 0.75 FAR would
also restore the commercial intensity limit that was previously available prior to the 2006
comprehensive update to the General Plan. It should be noted, however, that the
applicant claims that the project would not be financially feasible at 0.75 FAR and /or it
will require development of a site plan with parking accessible from the alley.
Alternatives
1. Should the Planning Commission conclude that the increased intensity request of
a 1.0 FAR is appropriate, the Planning Commission may modify the draft
resolution recommending approval of the 1.0 FAR intensity limit to the City
Council.
2. Should the Planning Commission conclude that the findings can be supported for
the increased height, the Planning Commission may recommend approval of the
General Plan Amendment at either intensity (0.75 or 1.00 FAR) and recommend
IrM
Old Newport Boulevard GPA
February 4, 2010
Page 20
approval of the Use Permit to exceed the base height limit, and other requested
approvals, with facts to support the required findings to the City Council.
3. Should the Planning Commission conclude that the project as proposed would
not be compatible with the surrounding uses and /or that any increased intensity
request is inappropriate, the project should be denied, or modified to address the
issues of concern. If a redesigned project is advisable, .staff recommends a
continuance to allow the applicant to revise their plans accordingly should this
course of action be sought.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property (excluding roads and waterways) and posted at the site a
minimum of 10 days in advance of this hearing consistent with the Municipal Code. The
environmental assessment process has also been noticed in a similar manner and all
mandatory notices per the California Environmental Quality Act have been given.
Finally, the item appeared upon the agenda for this meeting, which was posted at City
Hall and on the city website.
Prepared by:
Jaime Murillo, Associate Planner
ATTACHMENTS
Submitted by:
David Lepo, Planni Director
PC 1 Draft Resolution with Findings and Conditions
PC 2 Project Plans
PC 3 General Plan Text Changes
PC 4 Alternative Plans- Height Compliant
PC 5 Traffic Study
PC 6 Draft Mitigated Negative Declaration
PC 7 Comment Letters
PC 8 Responses to Department of Transportation Letter
2-
Attachment No. PC 1
Draft Resolution with Findings and
Conditions
L3
Z�
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF
A MITIGATED NEGATIVE DECLARATION, FINDING TRAFFIC
STUDY NO. TS2009 -002 IN COMPLIANCE WITH THE TRAFFIC
PHASING ORDINANCE, APPROVAL OF GENERAL PLAN
AMENDMENT NO. GP2008 -001 WITH A 0.75 FAR INTENSITY
LIMIT, APPROVAL OF MODIFICATION PERMIT NO. MD2009-
016 AND THE REQUESTED OFF - STREET PARKING CREDIT,
AND DENIAL OF USE PERMIT NO. UP2009 -005 FOR A
MEDICAL OFFICE PROJECT LOCATED AT 328, 332, AND 340
OLD NEWPORT BOULEVARD (PA2009 -047)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Michael C Adams Associates, with respect to properties
located at 328, 332, and 340 Old Newport Boulevard, and legally described as Lots 8, 9,
10, and 11 of Tract No. 1136 requesting approval of a General Plan Amendment (GPA)
to increase the allowable floor area to land area ratio (FAR) for the project site from
0.5 FAR to 1.0 FAR. An FAR of 1.0 could result in 25,725 square feet of development.
Concurrent with the requested General Plan Amendment, the applicant is proposing
the construction of a 25,000- square -foot medical office building. The following
approvals are requested or required in order to implement the project as proposed:
a. An amendment to the Land Use Element of the General Plan to increase the
allowable FAR from 0.5 to 1.0 for the project site.
b. A modification permit to allow the proposed subterranean parking area to
encroach 3 feet into the 5 -foot rear yard setback.
C. A seven space off - street parking credit for the creation of seven on- street
parking spaces along the project frontage.
d. A use permit to allow an elevator and stairwell enclosure to exceed the 32 -foot
base height limit.
e. A traffic study pursuant to the City's Traffic Phasing Ordinance.
2. The subject property is located within the Old Newport Boulevard Specific Plan (SP -9);
Retail Service Commercial (RSC) Zoning District and the General Plan Land Use
Element category is General Commercial Office (CO -G).
3. The subject property is not, located within the coastal zone.
2.S
Planning Commission Resolution No. _
Paoe 2 of 20
4. A public hearing was held by the Planning Commission on February 4, 2010, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period
beginning on December 14, 2009 and ending on January 12, 2010. The contents of
the environmental document and comments on the document were considered by the
Planning Commission in its review of the proposed project.
3. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, will have a less than significant impact upon the environment and
there are no known substantial adverse affects on human beings that would be
caused. Additionally, there are no long -term environmental goals that would be
compromised by the project, nor cumulative impacts anticipated in connection with the
project. The mitigation measures identified and incorporated in the Mitigation
Monitoring and Reporting Program are feasible and will reduce the potential
environmental impacts to a less than significant level.
4. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
attached as Exhibit B is hereby adopted. The document and all material, which
constitute the record upon which this decision was based, are on file with the Planning
Department, City Hall, 3300 Newport Boulevard, Newport Beach, California.
5. The Planning Commission 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
which may be awarded to a successful challenger..
SECTION 3. REQUIRED FINDINGS.
1. The project site is located within the Old Newport Boulevard commercial corridor. The
Land Use Element of the General Plan designates the site General Commercial Office
(CO -G), which is intended to provide for administrative, professional, and medical
offices with limited accessory retail and service uses. The proposed medical office
building would be consistent with this designation.
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Planning Commission Resolution No. _
Page 3 of 20
2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods,
districts, and corridors, by allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. The policy states that changes in
use and /or density /intensity should be considered only in those areas that are
economically underperforming, are necessary to accommodate Newport Beach's
share of projected regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that distinguish
Newport Beach as a special place to live for its residents. The scale of growth and new
development shall be coordinated with the provision of adequate infrastructure and
public services, including standards for acceptable traffic level of service.
The proposed GPA for increased intensity is consistent with General Plan Policy LU
3.2 as follows:
a. The General Plan recognizes the Old Newport Boulevard corridor as an area
that has experienced reduced economic vitality.
b. The increased intensity would provide an economic stimulus needed to
accommodate the redevelopment of three separate, nonconforming and
underperforming properties into one medical office building.
c. As stated in the General Plan, Newport Beach residents desire high quality
development and redevelopment of underperforming, nonconforming
properties.
d. Redevelopment of the subject property may help revitalize the corridor and
encourage redevelopment of other underperforming properties within the Old
Newport Boulevard corridor.
e. The project site is served by existing infrastructure and public services. The
proposed increase in intensity will not necessitate any expansion of existing
infrastructure.
f. The traffic impact analysis that was prepared for the project found that the
addition of project - related traffic would not have a significant impact at any of
the study intersections.
3. Charter Section 423 requires that all proposed General Plan Amendments be
reviewed to determine if the square footage (for non - residential projects), peak hour
vehicle trip, or dwelling units thresholds would be exceeded as the means to
determine whether a vote by the electorate would be required to approve the General
Plan Amendment. Pursuant to Council Policy A -18, voter approval is not required as
the proposed General Plan Amendment represents an increase of 12,862.5 square
feet and an increase of 38.59 a.m. and 51.45 p.m. peak hour trips. Additionally, no
prior amendments have been approved within Statistical Area H1 and, therefore, the
Tmplt: 11/23/09
Planning Commission Resolution No. _
Page 4 W20
project and prior amendments do not cumulatively exceed Charter Section 423
thresholds as to require a vote of the electorate
4. Municipal Code Chapter 15.40 (Traffic Phasing Ordinance, or TPO) requires that a
traffic study be prepared and findings be made before building permits may be
approved for project's that will generate in excess of 300 average daily trips (ADT). For
the purposes of preparing the traffic analysis for this project, 25,725 square feet of
medical office use was conservatively considered as the project size and forecast to
generate 703 additional trips per day, including 35 additional a.m. peak hour trips and
63 p.m. peak hour trips. Pursuant to Section 15.04.030.A, the project shall not be
approved unless certain findings can be made. The following findings and facts in
support of such findings are set forth:
Finding:
A. That a traffic study for the project has been prepared in compliance with this
chapter and Appendix A.
Facts in Support of Finding:
A -1. A traffic study, entitled "City of Newport Beach, Old Newport Boulevard Sub -
Area Project Traffic Impact Analysis (Revised) dated September 30, 2009" was
prepared by Kunzman Associates under the supervision of the City Traffic
Engineer pursuant to the TPO and its implementing guidelines.
A -2. Pursuant to the TPO, only primary intersections in the City of Newport Beach
are required to be analyzed; however, for the purposes of assessing project -
related impacts pursuant to CEQA, the traffic analysis also analyzed
intersections in the City of Costa Mesa and included a cumulative impact
analysis. Based on consultation between the Cities of Newport Beach and
Costa Mesa staff, a total of 17 intersections were evaluated.
Finding:
B. That based on the eight of the evidence in the administrative record, including
the traffic study, one of the findings for approval in subsection (8) can be made:
Tmplt: 11/23/09
15.40.030.8.1 Construction of the project will be completed within 60
months of project approval,, and
15.40.030. B.1(a) The project will neither cause nor make an unsatisfactory
level of traffic service at any impacted intersection.
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Planning Commission Resolution No. _
Page 5 of 20
Facts in Support of Finding:
B -1. Construction of the project is anticipated to start in 2010 and completed in 2012.
If the project is not completed within sixty (60) months of this approval,
preparation of a new traffic study will be required.
B -2. The traffic study indicates that the project will increase traffic on three of the ten
study intersections in the City of Newport Beach by one percent (1 %) or more
during peak hour periods one year after the completion of the project.
B -3. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the
Traffic Phasing Ordinance, the traffic study determined that the three primary
intersections identified will continue to operate at satisfactory levels of service
as defined by the Traffic Phasing Ordinance, and no mitigation is required.
B -4. Based on the weight of the evidence in the administrative record, including the
traffic study, the implementation of the proposed project will neither cause nor
make worse an unsatisfactory level of traffic service at any impacted primary
intersection within the City of Newport Beach.
Finding:
C. That the project proponent has agreed to make or fund the improvements, or
make the contributions, that are necessary to make the findings for approval
and to comply with all conditions of approval.
Facts in Support of Finding:
C -1. Since implementation of the proposed project will neither cause nor make
worse an unsatisfactory level of traffic service at any impacted primary
intersection within the City of Newport Beach, no improvements or mitigations
are necessary.
5. The proposed project encroaches up to 3 feet into the required 5 -foot rear yard (alley)
setback with portions of the subterranean parking levels. Although the encroachments
are below grade, the Zoning Code does not include any exceptions for below -grade
improvements and a modification permit is required. In accordance with Section
20.82.060 of the Newport Beach Municipal Code,
Finding:
A. The granting of the application is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
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Planning Commission Resolution No. _
Pape 6 of 20
Facts in Support of Finding:
A -1. The purpose and intent of the off -site parking regulations of the Zoning Code is to
ensure sufficient parking is provided for new and expanded land uses, and to
ensure efficiency, protect the public safety, and, where appropriate, insulate land
uses from adverse impacts. Also, one of the Old Newport Boulevard Specific Plan
goals is to minimize traffic and parking impacts on adjacent single - family
residential areas by discouraging ingress and egress from the alley accessible
from Holmwood Drive.
A -2. Strict application of the parking requirements requires the proposed medical office
building to provide a total of 125 parking spaces. A practical difficulty exist in that
the project site is relatively shallow (approximately 100 feet deep between Old
Newport Boulevard and the rear alley), which creates design constraints for
providing adequate parking circulation and requires the use of the entire lot
area to meet the on -site parking requirements. Given the constraints of the
shallow lot, only one -way vehicular circulation can be accommodated on each
level and ramps necessary to access an additional subterranean parking level
would not be achievable
A -3. A practical difficulty also exists in that the rear property line curves slightly,
necessitating the 3 -foot encroachment only within the middle portion of the site.
If the site would have been rectangular in shape, the 3 -foot encroachment
would not be necessary.
A-4. Therefore, the required number of parking spaces cannot be accommodated on-
site without the minor below -grade encroachments, unless an alternative parking
layout is designed that provides an additional parking level accessible from the
alley, which would be inconsistent with the purpose and intent of the Specific
Plan.
Finding:
B. The requested modification will be compatible with the existing development in the
neighborhood.
Facts in Support of Finding:
B -1. The 3 -foot encroachment into the rear 5 -foot setback occurs entirely below grade
and will not be visible from the alley.
B -2. At grade, only the two office levels of the building will be visible and will maintain a
setback greater than the required 5 feet for a majority of the alley frontage. The
required 5 -foot setback area will be entirely paved with decorative paving and a
landscaping planting area will be provided beyond, significantly improving the
aesthetics of the project as viewed from the alley.
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V
Planning Commission Resolution No. _
Paqe 7 of 20
Finding:
C. The granting of such an application will not adversely affect the health or safety of
persons residing or working in the neighborhood of the property and will not be
detrimental to the general welfare or injurious to property or improvements in the
neighborhood.
Facts in Support of Finding:
D -1. Granting the modification for the subterranean encroachments allows the project
to provide the required on -site parking, while limiting vehicular ingress and egress
to Old Newport Boulevard and ensuring that the residential area across the alley
is protected from vehicular disturbances associated with the project.
D -2. The encroachments occur entirely below grade and vehicular maneuverability
through the alley will not be impacted. At grade, the rear 5 -foot setback will consist
of decorative paving that, when combined with the 20- foot -wide alley, would
ultimately allow for 25 feet of vehicle maneuverability through the alley.
6. The project proposes a total of 125 parking spaces; however, 7 parking spaces are
proposed on- street. Pursuant to Section 20.46.040.E of the Old Newport Boulevard
Specific Plan, developments which maintain a 50 -foot (full height curb) separation
between driveway approaches on Old Newport Boulevard may be granted an off - street
parking credit equal to the number of on- street parking spaces available along that
frontage. The project as proposed maintains a separation greater than 200 feet
between driveway approaches. The 7 space off - street parking credit is appropriate in
the case for the following reasons:
a. The project is creating 7 new on- street parking spaces where no on- street
parking or sidewalks currently exists along the project frontage.
b. The parking spaces are so located to be useful in connection with the proposed
use.
c. Given the land -use mix in the area, use of the 7 parking space will not
negatively impact parking for visitors to the area (i.e. on- street parking is not
used for beach access or shopping).
d. The parking credit allows for lot consolidation and unified site design.
The project is located in the 32/50 -foot height limitation zone that permits buildings and
structures to exceed the 32 -foot height limit up to a maximum of 50 feet through the
approval of a use permit. Overall, the building design conforms to the natural
topography of the site and includes step backs at each level while maintaining the 32-
foot height limit; however, in order to provide an entry lobby clearly visible and
accessible from the Old Newport Boulevard frontage, an elevator and stairwell
enclosure is proposed to be located at the northwest corner of the site and will exceed
Tmplt: 11/23/09
I
Planning Commission Resolution No. _
Page 8 of 20
the base height limit. The elevator and stairwell enclosure would be approximately 600
square feet in area and measure 44 feet 10 inches in height. In accordance with
Section 20.65.055 of the Newport Beach Municipal Code, the Planning Commission
finds it cannot make the following finding required to approve the requested use
permit:
Finding:
A. The increased building height would result in more public visual open space and
views than is required by the basic height limit in any zone. Particular attention
shall be given to the location of the structure on the lot, the percentage of ground
cover, and the treatment of all setback and open areas.
Facts Not in Support of Finding:
A -1. The project architect has designed an alternative plan that fully complies with
the height limit and achieves the same floor area as the proposed design;
however, in order to comply with the 32 -foot height limit and still provide a
second means of egress from the upper office levels to the lower parking levels,
the elevator and stairwell would have to be relocated to the northeastern corner
of the project site where the natural grade elevations are higher. Also, the
relocation of the elevator and stairwell to the rear of the building displaces office
floor area and requires enlargement of the footprint of the 1st office level to
replace the displaced floor area (reducing above -grade setback at alley).
Finally, it places the elevator and stairwell closer to the adjacent residential
area.
A -2. In comparing the proposed plan with the alternative plan, there is little
difference in regards to lot coverage, landscaping, setbacks, and open space.
The major difference is in the above -grade building setback and landscaping
planting area provided at the rear of the project adjacent to the alley. With the
proposed plan, an above -grade building setback ranging from 5 feet to 16 feet
is provided with an 877 - square -foot landscape planting area. This increased
setback and landscaping significantly enhances the aesthetics of the project as
viewed from the alley frontage and adjacent residential uses (public visual open
space). In the alternative plan, the above -grade building setback is reduced and
the area of landscaping that can be accommodated is reduced to 344 square
feet (a 40- percent reduction).
A -3. With the exception of this small increase in the above -grade building setback
and landscaping provided at the alley, there is little change in public visual open
space and no change in views. This small change is not sufficient to support
this required finding.
A -4. An alternative plan may be designed that maintains the same above -grade
setbacks and landscaping at the alley, but enlarges the footprint of the office
Tmplt: 11/23/09
Planning Commission Resolution No.
Paae 9 of
levels toward the front of the building (reducing balcony area) in areas that
would still remain under the height limit.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of
the whole record, that there is no substantial evidence that the project will have a
significant effect on the environment and that the Mitigated Negative Declaration reflects
the City Council's independent judgment and analysis. The Planning Commission
hereby recommends that the City Council adopt Mitigated Negative Declaration,
including the Mitigation Monitoring and Reporting Program attached as Exhibit "A ".
The document and all material, which constitute the record upon which this decision
was based, are on file with the Planning Department, City Hall, 3300 Newport
Boulevard, Newport Beach, California.
2. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council find that the Project complies with the Traffic Phasing Ordinance,
based on the weight of the evidence in the administrative record, including Traffic
Study No. TS2009 -002.
3. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council approve Modification Permit No. MD2009 -016 and the requested off-
street parking credit, subject to the conditions set forth in Exhibit B.
4. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council Use Permit No. UP2009 -005.
5. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal.
Code.
PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF FEBRUARY, 2010.
AYES:
NOES:
ABSTAIN:
ABSENT:
Tmplt: 11/23/09q
J
Planning Commission Resolution No. _
Page 10 of 20
Ll-W
Robert Hawkins, Chairman
BY:
Charles Unsworth, Secretary
Tmplt: 11/23/09 �,,,j
Planning Commission Resolution No. _
Page 11 of 20
EXHIBIT "A"
Mitigation and Monitoring Reporting Program
Method of,tming
Resgonslb
�ertficatlo :!
N. ,
1/e[ification
Ie.Pa
n.Date : =-,'
Aesthetics
MM VA: The site shall not be excessively illuminated
Plan check
Prior to the
Planning
based on the luminance recommendations of the
and field
issuance of
Dept.
Illuminating Engineering Society of North America, or, if in
inspection.
permits and after
the opinion of the Planning Director, the illumination
construction,
creates an unacceptable negative impact on surrounding
land uses or environmental resources. The Planning
Director may order the dimming of light sources or other
remediation upon finding that the site is excessively
illuminated.
MM V.2: Prior to the issuance of building permits, the
Plan check.
Prior to the
Planning
applicant shall prepare a photometric study in conjunction
issuance of
Dept.
with a final lighting plan for approval by the Planning
permits.
Department.
MM V.3: Lighting shall be in compliance with applicable
Plan check.
Prior to the
Planning
standards of the Zoning Code. Exterior on -site lighting
issuance of
Dept,
shall be shielded and confined within site boundaries. No
permits.
direct rays or glare are permitted to shine onto public
streets or adjacent sites or create a public nuisance.
"Walpak" type fixtures are not permitted. Parking area
lighting shall have zero cut -off fixtures and light standards
shall not exceed 20 feet in height.
Air Quality
MM AQ.1: The applicant shall employ the following best
Field
During
Building
available control measures ( "BACMs ") to reduce
inspections.
construction.
Dept. and
construction - related air quality impacts:
Contractor to
Contractor.
Dust Control
certify.
- Water all active construction areas as needed.
- Cover all haul trucks or maintain at least two feet of
freeboard.
- Pave or apply water four times daily to all unpaved
parking or staging areas.
- Sweep or wash any site access points within two hours
of any visible dirt deposition on any public roadway.
- Cover or water twice daily any on -site stockpiles of
debris, dirt or other dusty material.
- Suspend all operations on any unpaved surface if
winds exceed 25 mph.
Emissions
- Require 90 -day low -NOx tune -ups for off road
equipment.
- Limit allowable idling to 5 minutes for trucks and heavy
equipment.
- The construction contractor shall utilize coatings and
solvents with a VOC content lower than required under
SCAQMD Rule 1113.
- The construction contractor shall utilize materials that
do not require painting, as feasible.
Off -Site Impacts
- Encourage car pooling for construction workers.
- Limit lane closures to off -peak travel periods.
- Park construction vehicles off traveled roadways.
- Wet down or cover dirt hauled off -site as needed to
Tmplt: 11/23/09
Planning Commission Resolution No. _
Paqe 12 of 20
Tmplt: 11/23/09
J W
Method of
Ttmmg :.
Respottstb
4enficatla
lenfication
Ie;Part
WIN
.
n D ate..::
reduce dust.
- Sweep access points daily.
- Encourage receipt of materials during non -peak traffic
hours.
- Sandbag construction sites for erosion control.
Excavation
- The number and type of equipment for dirt removal will
be limited on any day to ensure that SCAQMD
significance thresholds are not exceeded.
- Maintain and utilize a continuous water application
system during earth movement to achieve a minimum
10 percent soil moisture content in the top six -inch
surface layer, subject to review /discretion of the
eotechnical engineer.
MM AQ.2: Energy Conservation
Plan check
Prior to issuance
Planning
- During demolition, to the extent feasible, recyclable
and field
of permits and
Dept. and
materials shall be separated from materials that cannot
inspections
during
Contractor.
be recycled.
(recycling).
construction.
- Incorporate energy and water saving materials, features
Contractor to
and practices as feasible; maximize use of low- energy
certify.
lighting (LED, fluorescent) where feasible; require
acquisition of new appliances and equipment to meet
Energy Star certification where appropriate.
Cultural Resources
MM CRA: Prior to issuance of a grading permit, the
Plan check
Prior to issuance
Planning
applicant shall provide written evidence to the Planning
and field
of permits and
Dept. and
Director that a qualified archaeologist (with training in the
inspections.
during
Contractor.
recognition of paleontological resources, or a separate
Contractor to
construction.
paleontologist) has been retained to observe grading
certify.
activities and conduct salvage excavation of archeological
resources as necessary. The archeologist shall be
present at the pre - grading conference, shall establish
procedures for archeological resources surveillance, and
shall establish, in cooperation with the City, procedures
for temporarily halting or redirecting work to permit the
sampling, identification and evaluation of the artifacts as
appropriate. If archeological and /or paleontological
features are discovered, the archeologist shall report such
findings to the Planning Department. If the archeological
resources are found to be significant, the archeological
observer shall determine appropriate actions, in
cooperation with the City, for exploration and /or salvage.
These actions, as well as final mitigation and disposition
of the resources, shall be subject to the approval of the
Planninq Director.
MM CR.2: In accordance with the Public Resources Code
Field
During
Building
§5097.94, if human remains are found, the Orange
inspections.
construction.
Dept. and
County Coroner must be notified within 24 hours of the
Contractor.
discovery. If the Coroner determines that the remains are
not recent, the Coroner will notify the Native American
Heritage Commission in Sacramento to determine the
most likely descendent for the area. The designated
Native American representative then determines in
consultation with the City the disposition of the human
remains.
Hazards
MM HZ.1: A survey for hazardous materials /wastes shall
Plan check.
Prior to issuance
Building
be undertaken prior to demolition activities. In the event
of permits.
Dept.
that hazardous materials are determined to be potentially
resent, a plan for safe storage and disposal shall be
Tmplt: 11/23/09
J W
Planning Commission Resolution No. _
Page 13 of 20
Tmpit: 11/23/09
°Method
4f
Ttmmg
Responslb
derlftcatlo .
Yenflcation
-
IeFar E
developed. The Applicant shall
p pp provide evidence that
ensures that any identified hazardous materials /wastes
are handled and disposed of in the manner specified by
the State of California Hazardous Substances Control
Law (Health and Safety Code Division 20, Chapter 6.5),
standards established by the California Department of
Health Services and Office of Statewide Planning and
Development,,and according to the requirements of the
California Administrative Code, Title 30.
MM HZ.2: Prior to the issuance of any building permits
Plan check
Prior to issuance
Fire Dept.
for new construction, the Applicant shall submit
of permits.
documentation to the City's Fire Department for review
and approval to ensure that either there are no hazardous
materials /wastes on the site, or that any identified
hazardous materials /wastes are stored, handled and
disposed of in compliance with state and federal
guidelines, and as directed by the City's Fire Department.
MM HZ.3: The Applicant shall ensure that grading and
Plan check
Prior to issuance
Planning
building plans include the following measures and that the
of permits.
Dept.
measures shall be followed by the construction contractor
and crew:
I. The storage of hazardous materials, chemicals, fuels,
and oils and fueling of construction equipment shall be
a minimum of 45 meters (150 feet) from any drainage,
water supply, or other water feature.
2. Provide secondary containment and /or proper covers
or lids for material storage, trash bins, and outdoor
processing and work areas (Source NPDES Santa
Ana Regional Water Quality Control Board
[SARWQCB] 4th Term Permit R8- 2009 - 0030).
3. Whenever possible, all of a product shall be used up
before disposal of its container.
4. If surplus product must be disposed of, methods for
disposal recommended by the manufacturer or the City
and the state shall be followed.
5. Spills shall be contained and cleaned up immediately
after discovery. Manufacturer's methods for spill
cleanup of a material shall be followed as described on
the Material Safety Data Sheets (MSDS) for each
product. Any hazardous spills that enter the storm
drains (also known as MS 4s) shall notify the City and
the SARWQCB.
Hydrology
MM HYA: Prior to grading and building permit issuance,
Plan check
Prior to issuance
Building
the applicant shall submit a Water Quality Management
of permits.
Dept.
Plan ( "WQMP ") to satisfy the City's requirements. This
plan will prescribe appropriate structural and non-
structural Best Management Practices ( "BMPs ") to
address pollutants generated by the project to ensure that
no violations of water quality standards will occur.
Noise
MM N.1: As feasible, pile driving shall utilize sonic pile
Field
During
Building
driving or caisson drilling in place of impact pile driving as
inspections.
construction.
Dept. and
appropriate for site conditions; sonic pile driving shall only
Contractor to
Contractor.
be used after review by acoustical and structural engineers
certify.
to ensure that adjacent buildings would not be adversely
affected by steady state excitation resulting in resonance
response or other adverse geologic issues. The pile
driving rig shall access the site from Old Newport and not
the alley.
Tmpit: 11/23/09
Planning Commission Resolution No.
Paqe 14 of 20
s ';
:::Method of
Ttmmg
Resp.'onstb
Uertficatlo.:
1/errfication
to ,a
n Aate:
MM N.2: All construction equipment shall be equipped
Field
Prior to start of
Contractor.
with residential -grade mufflers and other suitable noise
inspections.
excavation /gradin
attenuation devices.
Contractor to
g.
certify.
MM N.3: A temporary six -foot solid wall (e.g., wood or
Field
Prior to start of
Building
other noise baffling material) shall be constructed on the
inspections.
excavation /gradin
Dept. and
project site such that the line -of -sight is blocked from
Contractor to
g.
Contractor.
construction activity to the residential uses along the alley.
certify.
Additionally noise shrouds and /or noise blankets shall be
used to screen and reduce noise from pile driving activity
at the residences along the alley.
MM NA: Prior to the issuance of the demolition permit,
Field
Prior to demolition
Public
the project applicant shall prepare a construction staging
inspections
permit.
Works Dept.
plan that reflects the locations of the construction and
staging areas on the subject property, which shall be
located as far away from the nearby residential
development as possible to reduce temporary noise
impacts.
MM N.5: All residential units and site occupants located
Field
Prior to start of
Planning
within 300 feet of the construction site shall be sent a
inspections.
excavation /gradin
Dept. and
notice regarding the construction schedule of the
Contractor to
g.
Contractor.
proposed project. A sign, legible at a distance of 50 feet
certify.
shall also be posted at the construction site. All notices
and signs shall indicate the dates and duration of
construction activities, as well as provide a telephone
number where residents can inquire about the
construction process and register complaints.
MM N.6: The construction contractor shall establish a
Field
Prior to start of
Planning
.noise disturbance coordinator". The disturbance
inspections.
excavation /gradin
Dept. and
coordinator shall be responsible for responding to any
Contractor to
g.
Contractor.
local complaints about construction noise. The
certify.
disturbance coordinator would determine the cause of the
noise complaint (e.g., starting too early, bad muffler, etc.)
and would be required to implement reasonable measures
such that the complaint is resolved. All notices that are
sent to residential units within 300 feet of the construction
site and all signs posted at the construction site shall list
the telephone number for the disturbance coordinator.
Public Services
Fire
MM F.1: The project shall provide water and access to
Plan check.
Issuance of
Fire Dept.
meet fire department requirements; the building shall be
building permit
equipped with a sprinkler system that complies with Fire
Department specifications if any).
Traffic -- Safety
MM T.1: Sight distance at the project access points shall
Plan check.
Issuance of
Public
be reviewed with respect to City of Newport Beach
building permit
Works Dept.
standards in conjunction with the preparation of final
radio , landscaping. and street improvement plans.
MM T.2: On -site traffic signing and striping shall be
Plan check.
Issuance of
Public
implemented in conjunction with detailed construction
building permit
Works Dept.
plans for the project and as approved by the City of
Newport Beach.
Utilities — Water and Wastewater
MM WA: Prior to demolition, the applicant shall prepare a
Plan check.
Prior to start of
Public
water system and sanitary sewer system demand study to
construction
Works Dept.
identify potential impacts to the existing City or Sanitation
District's ability to provide adequate water and sewer
service and sewage collection and treatment. The study
will identify the need to upgrade any of the existing
facilities currently serving the site.
Tmplt: 11/23/09
;Iv
Planning Commission Resolution No. _
Paae 15 of 20
MM W.2: Prior to the issuance of grading or building . Plan check. Prior to the Public
permits, the Applicant shall coordinate with utility and issuance of Works Dept.
service organizations regarding any construction activities permits.
to ensure existing facilities are protected and any
necessary expansion or relocation of facilities are planned
and scheduled in consultation with the appropriate public
conservation measures including low flow fixtures, water- issuance of Dept.
efficient equipment, drought tolerant landscaping, rain permits.
capture and storage and other features as feasible to
Tmplt: 11/23109
Planning Commission Resolution No. _
Page 16 of 20
EXHIBIT "W1
CONDITIONS OF APPROVAL
(Project - specific conditions are in italics).
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans, roof plans, and building elevations stamped and dated with the date of this
approval. (Except as modified by applicable conditions of approval.)
2. Modification Permit No. MD2009 -016 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.93.050 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
3. An off - street parking credit shall be granted equal to the number of on- street parking
spaces provided along the Old Newport Boulevard frontage. The on- street parking
spaces shall be subject to the review and approval of the Public Works Department.
4. In the event that the provisions for off - street parking credits pursuant to Section
20.46.040.E of the Zoning Code are eliminated from the forthcoming Zoning Code
Update, the off - street parking credits granted by this approval shall be rendered null
and void.
5. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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. This Modification 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.
9. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Modification Permit or the
processing of a new Modification Permit.
Tmplt: 11/23109 y I
Planning Commission Resolution No.
Pape 17 of 20
10. 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.
11. Landscaping shall comply with all applicable landscaping standards contained within
Section 20.46.040 of the Zoning Code. No deviations are permitted.
12. 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:
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
Department.
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. All trash shall be stored within the building or within dumpsters stored in a trash
enclosure that is recessed into the building. Also, to minimize noise and odor impacts to
the adjacent resident, the enclosure shall be located at the southeast comer of the site
and screened from view of neighboring properties, except when placed for pick -up by
refuse collection agencies.
17. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
Tmplt: 11123/09 '
Between the hours of 7:OOAM
and 10:OOPM
Between the hours of
10:OOPM and 7:OOAM
Location
Interior.
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located within
100 feet of a commercial ro rl
45dBA
60dBA
45dBA
5OdBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
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
Department.
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. All trash shall be stored within the building or within dumpsters stored in a trash
enclosure that is recessed into the building. Also, to minimize noise and odor impacts to
the adjacent resident, the enclosure shall be located at the southeast comer of the site
and screened from view of neighboring properties, except when placed for pick -up by
refuse collection agencies.
17. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
Tmplt: 11123/09 '
Planning Commission Resolution No. _
Page 18 of 20
18. The exterior of the business 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. 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
Department. 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).
20. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this Modification Permit.
21. 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.
22. The final project design shall include automated internal shades set to close in the
evenings for all windows facing the alley frontage and an internal lighting system that
would auto -dim after standard work hours, leaving small task lighting for janitorial
activities and to light areas where employees may be working late.
23. 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 Old
Newport Boulevard General Plan Amendment Project including, but not limited to, the
approval of General Plan Amendment No. GP2008 -001, Modification Permit No. 2009-
016, Traffic Study No. TS2009 -002& requested Off - Street Parking Credit; and /or the
City's related California Environmental Quality Act determinations, the certification of
the Mitigated Negative Declaration and /or the adoption of a Mitigation Monitoring
Program for the project. 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,
attomeys' 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.
Fire'Deuartment Conditions
TmpIC 11/23109
Planning Commission Resolution No.
Paqe 19 of 20
24. Elevators shall be gurney- accommodating in accordance with Article 30 of the
California Building Code (2007 edition).
25. Fire sprinklers shall be installed in accordance with NFPA 13, 2002 Edition.
26. A Fire Department connection for the fire sprinkler system shall be provided within 150
feet and shall be located on the same side of the street as a public hydrant.
27. Class I standpipe connections are required in all parking levels in addition to the fire
sprinklers.
28. Drain for the fire sprinkler system located adjacent to system riser is required to empty
into sewer system. This connection shall be shown on plumbing plans.
29. Fire sprinkler monitoring system is required. If an `T' occupancy is proposed, a manual
and an automatic fire alarm system is required.
Buildinq Department Conditions
30. 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. The construction plans must meet all applicable
State Disabilities Access requirements.
31. An application for Altemate Methods and Materials shall be filed with, and approved by,
the Building Department to allow the categorization of parking for employees and
patients. In addition, a covenant shall be recorded on the property reserving the eight
parking spaces on the lower parking level and all the spaces on the upper parking level
for employee parking only. The covenant shall be prepared by the applicant's legal
counsel for approval by the City Attorney if deemed consistent with the intent of this
condition. The applicant shall provide proof of recordation of the covenant, subject to
the Planning Director's approval.
32. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Department and Code and Water Quality Enforcement Division. The
WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that
no violations of water quality standards or waste discharge requirements occur.
33. A list of "good house - keeping" practices will be incorporated into the long -term post -
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use
of harmful fertilizers or pesticides, and the diversion of storm water away from potential
sources of pollution (e.g., trash receptacles and parking structures). The Stage 2
WQMP shall list and describe all structural and non - structural BMPs. In addition, the
Tmplt: 11/23/09
4A
Planning Commission Resolution No.
Pape 20 of 20
WQMP must also identify the entity responsible for the long -term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
Public Works Conditions
34. Traffic control and truck route plans shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not
be permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
35. The project shall include appropriate signage and striping to emphasize the vehicular
circulation. Proposed signage shall be per the California MUTCD and the proposed
striping shall be per the most recent Caltrans Standard Plans.
36. No above or below ground structural encroachments are permitted within the public
right -of -way, including tie backs, caissons, etc.
37. The five -foot rear yard (alley) setback shall be paved to accommodate two -way
vehicular traffic in the alley. The setback shall consist of decorative paving.
38. The alley shall not be closed during the course of construction unless otherwise
approved by the Public Works Department via a Temporary Street and Sidewalk
Closure Permit.
Mitigation Measures
39. The applicant shall comply with all mitigation measures and standard conditions
contained within the approved Mitigation Monitoring and Reporting Program of the
adopted Mitigated Negative Declaration (Exhibit A) for the project.
Tmplt: 11/23109
L�5
m
Attachment No. PC 2
Project Plans
US
m
LOT AREA 256018E
PARKING PROVIDED .
LOWER LEVEL: 58 STALLS -! UPPER LEVEL: 67 STALLS j7 OF WHICH. ARE ON THE STREET) -
TOTAL: 125 STALLS - : - - - -- - -- -
BLDGAREAPROPOSED: 25,000 _
PARKING REQUIRED:
125
LANDSCAPE AREA:
1300 SF
PERVIOUS AREA
1861 SF
WBSA
4850 BARRANCA PARKWAY
SUITE 203
W O O D
BURGHARD
IRVINE CA. 92604
S W A I N
(M)9495522WI
ARCHITECFS
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(PAX) 949 552 9 2
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I
ADVANCED MEDICAL
LOWER PARKING LEVEL
A..vE
328 -340 OLD NEWPORT BLVD.
CITY OF NEWPORT BEACH, CA q -1
R uoa4i O
W"A 4850 BARRANCA PARKWAY ADVANCED MEDICAL 328 -340 OLD NEWPORT BLVD.
W O O D SUITE 203
BURGHARD IRVINE CA. 92604 CITY OF NEWPORT BEACH, CA A
S W A I N (M) 919 `ss 0WI UPPER PARKING - EMPLOYEE ONLY /"�-
eCP41ITFfTO (FM) B49 ssz 9440
IN
4850 BARRANCA PARKWAY
SUITE 203
IRVINE CA. 92604
(MI) 949 552 2MI
(FAY) 949 552 9442
ADVANCED MEDICAL
OFFICE LEVEL 1
32&340 OLD NEWPORT BLVD.
CRY OF NEWPORT BEACH, CA A -3
WMA 4850 BARRANCA PARKWAY
W O O D SUITE 203 ADVANCED MEDICAL saa -sao ono NEWPORT BLVD. BURGHARD IRVINE CA. 92604 OFFICE LEVEL 2 MY OF NEWPORT BEACKCA A_4
S W A I N (lfl) 919 %2 3491
AD ffPr'M (FM) 919 952 9442
IMA 4850 BARRANCA PARKWAY
W O O D SUITE 203 ADVANCED MEDICAL 32e- aw OLD NEWPOR e
rLvo.
RD
BURGHA IRVINE CA. 92604 CUYOFNEWPCRfBEACKCA A -10
5 W A I N (m) 949 5.52 2ml REAR PERSPECTIVE RENDER
A Or'.mG (w) 949 552 9442
r-
Attachment No. PC 3
General Plan Text Changes
S,:5
M
Table 1.1.12
'A.. nono"W.-
N&h6eP
Anomaly
-
Area
Locations
.-.- L aI . noe. - useI, .." , 1 1
Designation :
l- D eTqI
U m Wils0:
--DevLfo U nit Other);
'A hall lnf^m
1
L4
MU -H2
460,095
_pmart
471 Hotel Rooms (not included in
total square footage)
2
L4
MU -H2
1,060,146
3
L4
CO-G
734,641
4
L4
MU -H2
250,176
5
L4
MU -H2
32,500
6
L4
MU -H2
34,500
7
L4
MU -H2
81,372
8
L4
MU -H2
442,775
9
L4
CG
120,000
164 Hotel Rooms (included in total
square footage)
10
L4
MU-H2
31,362
349 Hotel Rooms (not included in
total square footage)
11
L4
CG
11,950
12
L4
MU-112
457,880
13
L4
CO-G
288,264
14
L4
CO-G/MU-H2
860,884
15
L4
MU-H2
228,214
16
L4
CO-G
344,231
17
L4
MU-H2
33,292
304 Hotel Rooms (not included in
total square footage)
18
L4
CG
225,280
19
L4
CG
228,530
21
J6
CO-G
687,000
Office: 660,000 sf
Retail: 27,000 sf
CV
300 Hotel Rooms
22
J6
CO-G
70,000
Restaurant: 8000 sf, or
Office: 70,000 sf
23
K2
FIR
15,000
24
L3
IG
89,624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
86,000
29
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
FIR
75,000
32
L2
Pi
34,000
33
M3
Pi
163,680
Administrative Office and
Support Facilitates: 30,000 sf
Community Mausoleum and
Garden Crypts: 121,680 sf
Family Mausoleums:
12,000 sf
Table LU2
Number
Anomaly
..Ae6
Locations
.Derr nahon...'
;'. ❑mrt. s .,;i:=
.De`ve /o 'merit:Linirt Other
.: i6i a ion^:r-
34
Ll
CO-R
484,348
35
Ll
CO-R
199,095
36
Ll
CO-R
227,797
37
Ll
CO -R
131,201
2,050 Theater Seats (not included
in total square footage)
38
Ll
CO-M
443,627
39
Ll
MU-H3
408,084
40
Ll
MU-H3
1,426,634
425 Hotel Rooms (included in total
Square Footage)
41
Ll
CO-R
327,671
42
Ll
CO-R
286,166
43
Ll
CV
611 Hotel Rooms
44
Ll
CR
1,619,525
1,710 Theater Seats (not included
in total square footage)
45
Ll
CO-G
162,364
46
Ll
MU-H3/PR
3,725
24 Tennis Courts
Residential permitted in
accordance with MU-H3.
47
Ll
CG
105,000
48
Ll
MU-1-13
337,261
49
Ll
PI
45,208
50
L1
CG
25,000
51
K1
PR
20,000
52
K1
CV
479 Hotel Rooms
53
K1
PR
567,500
See Settlement Agreement
54
A
CM
2,000
55
H3
PI
119,440
56
A3
P1
1,343,238
990,349 sf Upper Campus
577,889 sf Lower Campus
In no event shall the total
combined gross floor area of
both campuses exceed the
development limit of
1,343,238 sq. ft.
57
Intentionally Blank
58
J5
PR
20,000
59
H4
MU-W1
487,402
157 Hotel Rooms and 144 Dwelling
Units (included in total square
footage)
60
N
CV
2,660,000
2,150 Hotel Rooms (included in
total square footage)
61
N
CV
125,000
62
L2
CG
2,300
63
G1
CN
66,000
64
M3
CN
74,000
65
M5
CN
80,000
66
J2
CN
138,500
67
D2
PI
20,000
7S!6
68
L3
PI
71,150
69
K2
CN
75,000
70
D2
RM -D
Parking Structure for Bay
Island (No Residential Units)
71
L1
CO -G
11,630
72
L1
CO -G
8,000
73
A3
CO -M
350,000
74
L1
PR
35,000
City Hall, and the
administrative offices of the
75 L1 PF City of Newport Beach, and
related parking, pursuant to
Section 425 of the City
Charter.
1.0 FAR permitted, provided
all four legal lots are
76 H1 CO-G 0.5 FAR consolidated into one parcel
to provided unified site
�q
0
Attachment No. PC 4
Alternative Plans- Height Compliant
►`
M
�/ / � 1 � I Id1J ''f
_Iyp
46.50 1
i It--Ttl
1111110,
LOT AREA: 25.609 SF
PARKING PROVIDED
LOWER LEVEL: 58 STALLS
UPPER LEVEL: 67 STALUS,(7 OF WHICH ARE ON THE STREET)
TOTAL 125 STALLS
BLDG AREA PROPOSED: 25,000
PARKING REQUIRED: 125
MA 4850 BARRANCA PARKWAY
0 SUITE 203
D IRVINE CA. 92604
HAM
ok I N (M) 949 552 2061
TEM (FM) 949 552 9442
OLD NEWPORT DR. SHAOULIAN STUDIES
ALLEY ENTRANCE - LOWER PARKING
I mm O v I W r
A-1
.. .. . .. .....
. ... ...... .
AREA
16,496 SF
s+69.50
<57
S,o..
JMA 4850 BARRANCA PARKWAY OLD NEWPORT DR. SHAOULIAN STUDIES
W O O D SUITE 203
S W A IRIN IRVINE CA. 92604 ALLEY ENTRANCE - OFFICE LEVEL 2 A_3
$ W A I N (+�) e49 s5z xa9i
M-5 RCH� (FM) 949 552 9N2
me.• PflOJECf Na 00990 DALE OtrOFp T29'b
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SUITE TE 2 03 4850 BARR PARKWAY (
w 0 0 OLD NEWPORT DR. SHAOULIAN STUDIES
WOOD 2
BURGHMD IRVINE CA. 92604 ALLEY ENTRANCE - ROOF PLAN OVER INTERPOLATED GRADING A_4
S W A I N (m) 649 & "C
AO MgP (6M) 949 S' 9uz
0i
+56.50
+45.00
- - - - - - - - - - - - - -
F
M�m ri
+58.00
+45.00
ALLEY - EAST ELEVATION
MMSA 4850 BARRANCA PARKWAY OLD NEWPORT DR. SHAOULIAN STUDIES
W 0 0 D SUITE 203
IRVINE CA. 92604
BUIRGFL4M ALLEY ENTRANCE - STREET EXTERIOR ELEVATIONS A-5
S W A I N 949 552 .1
ARCHITECTS (FAX) "S 552 902
11
+97.00
+82.50
FROM
EXISTING MDE
+69.50
...........
+58.00
+46.50
OLD NEWPORT
-WEST ELEVATION
,32.00 FROM
- -
-
- - - - -
- - - - _EXISTING
GRADE +103.00
ROOF SCREEN
PEI
1 17!...
+82.50
EXISTING GRACE
+56.50
+45.00
ALLEY - EAST ELEVATION
MMSA 4850 BARRANCA PARKWAY OLD NEWPORT DR. SHAOULIAN STUDIES
W 0 0 D SUITE 203
IRVINE CA. 92604
BUIRGFL4M ALLEY ENTRANCE - STREET EXTERIOR ELEVATIONS A-5
S W A I N 949 552 .1
ARCHITECTS (FAX) "S 552 902
11
+103.00 ROOF
SCREEN
+82.50
+69.50
+56.50
+45.00
+97.00
+82.50
+69.50
+58.00
+32.00 FROM- -
E ISTING GRADE
SIDE - NORTH ELEVATION
+32.00 FROM
- - - - UISTING GRADE
OCEAN VIEW - SOUTH ELEVATION
W§SAI 4850 BARRANCA PARKWAY OLD NEWPORT DR. SHAOULIAN STUDIES
W O O D SUITE 203
BURGHARD IRVINE CA. 92604 SIDE EXTERIOR ELEVATIONS A_6
S L A I N (FM) 949 52 9H2
ARCHRECiS
WOSA 4850 BARRANCA PARKWAY I OLD NEWPORT DR. SHAOULIAN STUDIES
WOO D SUITE 203
BURGHARD IRVINE CA. 92604 SITE SECTION A_7
S W A I N (m) 649 &' zoci
w d"YmC!`R (FAX) sag &' eM2
m
rr-&,,
Attachment No. PC 5
Traffic Study
(Distributed Separately Due to Bullk-) -q
T�
---I:L
Attachment No. PC 6
Draft MND
(Distributed Separately Due to Bulk)
�3
Attachment No. PC 7
MND Comment Letters
7-5
STATE OF CALI FORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENECGER G vemor
DEPARTMENT OF TRANSPORTATION
District 12
3337 Michelson Drive, Suite 380
Irvine, CA 92612 -8894
Tel: 949 724 -2241
Tel: ( 949) Flex your power!
Far: (949) 724 -2592 Be energy efficient!
FAX & MAIL
January 14, 2010
Jaime Murillo
File: IGR/CEQA
City of Newport Beach
SCH #: None
3300 Newport Boulevard
Log #: 2432 & 2432 -A
Newport Beach, CA 92673
PCH
Subject: Old Newport Boulevard General Plan Amendment (PA 2008 -047)
Dear Mr. Murillo,
Thank you for the opportunity to review and comment on the Initial Study and Mitigated
Negative Declaration (IS/MND) for the Old Newport Boulevard General Plan Amendment
(GPA). The Project proposes to build an approximately 26,000 SF of Medical Center facility at
the said location on a single parcel (currently three parcels) to replace the existing developments
that consist of approximately 14,000 SF of total area. The Project is adding approximately
12,000 more square footage under an amendment that allows a FAR ratio of 1.0 instead of the
current 0.5 at this site allow subterranean parking area to encroach into the 5 -foot rear yard
setback. The nearest State route to the project area is Pacific Coast Highway.
The Department of Transportation (Department) is a commenting agency on this project
and has the following comments:
Traffic Operations Branch requests submittal of storage analysis for southbound Newport
Boulevard to eastbound Hospital Road using Highway Capacity Manual (HCM)
methodology in analyzing this signalized intersection. The analysis should include
current volumes with and without project trip generation for AM and PM Peak hours.
2. The project location is within an area near to the coast, therefore, summer traffic peak
hour volumes could be higher. Please specify what part of the year or which season the
existing traffic volumes and counts provided in the study were obtained. The analysis
should investigate and demonstrate the seasonal variations in traffic patterns and volumes
within the study area and the associated impacts on the intersections and street segments
using HCM Methodology criteria. Existing daily and peak -hour volumes must be based
on the worst case scenario or summer season for Newport Beach.
3. Should the above analysis demonstrate any cumulative impacts as a result of this project,
the applicant would pay their "fair share" to an established fund for future transportation
improvements on the state highway system. The Department has an established
methodology standard used to properly calculate equitable project share contribution.
"Caltrans improves mobility across California"
This can be found in Appendix B of the Department's Guide for the Preparation of
Traffic Impact Studies which is available at:
http: / /www.dot.ca. og v/hq /traffops /developserv/operationalsystems /reports /tis uide.12df.
4. In the event of any activity in the Department's right -of -way an encroachment permit will
be required. For specific details on Encroachment Permits procedure, please refer to the
Department's Encroachment Permits Manual, Seventh Edition. This Manual is available
on the web site: www.dot.ca. og v/hy /traffops /developsery /permits.
Please continue to keep us informed of this project and any future developments, which could
potentially impact the State Transportation Facilities. If you have any questions or need to
contact us, please do not hesitate to call Maryam Molavi at (949) 724 -2267.
Sincerely,
Christopher Herre, Branch Chief
Local Development/Intergovernmental Review
W
"Calirans improves mobility across California"
January 14, 2010
Jaime Murillo File: IGR/CEQA
City of Newport Beach SCH #: None
3300 Newport Boulevard Log #: 2432
Newport Beach, CA 92673 PCH
Subject: Old Newport Boulevard General Plan Amendment (PA 2008 -047)
CC: Terri Pencovic, Caltrans HQ IGR/Community Planning
Ryan Chamberlain, Deputy District Director
Mory Mohtashami, Permits
"Caltrans improves mobility across California"
Satithem
califonlia
�Gas Company
A Sernpra Energy utflity-
December 17, 2009
%City ofNewport.Beach
3300 Newport Blvd.
Newport Beach, CA 92658
RECEIVED Ey
PLANNING DEPARTMENT
JAN 45 2010
CITY OF NEWPORT BEACH
1919 S. State College Blvd.
Anafteim, CA 92B06-6114,
. .. ... ..... ..
Attention' Jaime M 116
Subject: Mitigated Negative Declaration for Old Newport Boulevard General
Plan Amendment (PA2008-047)
This letter is not to be interpreted as a contractual commitment to serve the proposed
project but only as an information service. Its intent is to notify you tat the Southern
California Gas Company has facilities in the area. where. the above named project is
proposed. Gas facilities Within the service area of the project could be altered or
abandoned asnecessary without any significant impact on the environment.
Information regarding construction particulars and any costs associated with initiating
service may be obtained by contacting the Planning: Associate for your alma, Dave
Baldwin, (714)634-3267.
Sincerely.
Eric Casares
Technical Supervisor
Pacific Coast Region- Anaheiin
Mow
tnitnegdodoc
M
Notice of Intent to Adopt.
Mitigated Negative Declaration
Old Newport Boulevard General Plan Amendment (PA2008 -047)
City of Newport Beach
Notice is, hereby given that the City of Newport Beach has completed a Mitigated :Negative Declaration for a
General Plan Amendment (GPA) to allow development at a floor area to land area ratio (FAR) of 1.0 (as compared
to the.currentiy permitted 0.5 FAR) for the site located at 328 to 340 Old Newport Boulevard. An FAR of 1.0 could
result in 25,725 square feet (sq. ft.) of development. The applicant, Dr. Emanuel- Shaoulian, intends to develop up
to this amount of space subject to compliance with other Code requirements (such as parking). The currently
proposed configuration of the project is 25,000 sq. ft. of medical office space: Currently 14,012 sq. ft. of office,
medical office and one apartment occupy the site.
Development of the proposed project would require the following entitlements from the City of Newport Beach:
• ;Amendment to the Land Use Element of the Newport Beach General Plan to increase the allowable FAR
Morn 0.5 to 1.0 for the project site.
• Use Permit to exceed the 32 foot base height limit with an elevator and stairwell enclosure. With the
approval of a use permit, an increase in the height limit of up to 50 feet is allowable.
• Lot:Merger or Parcel Map to consolidate the three parcels (four legal lots) into one parcel.
• Modification Permit to allow the proposed subterranean parking area to encroach into the 5 -foot rear yard
setback.
• Approval of a seven space off- street parking credit pursuant to Section 20.46.040(L) of the Zoning Code
for the creation of seven, on- street parking spaces along the project frontage on Old Newport Boulevard.
• Preparation of a Traffic Study pursuant to the City's Traffic Phasing Ordinance.
On the basis of the Initial Study, City staff has concluded that the project would not have a significant impact on the
environment and has therefore recommended preparation of a Mitigated Negative Declaration (MND). The MND
reflects the independent judgment of City staff and recognizes project design features, previous environmental
evaluations, and standard construction and engineering practices, requiring review and reevaluation of future
projects as contributing. to avoidance of potential impacts. The project site does not include any sites, on an
Environmental Protection Agency hazardous waste site list compiled pursuant to Government Code Section
65962.5,
The MND is available for a 30-day public review period beginning December 14, 2009 and ending January 12,
2010. Copies of the document are available for review at 3300 Newport. Boulevard, Newport Beach, CA 92658
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The document can also be accessed online
at :: http:// www. newl)ortbeachea .ciovlindex.aspx ?t)aoe =942. Any written comments on the proposed project must be
received no later than January 12, 2010, at 5:00 p.m. to the attention of Jaime Murillo at the address listed below.
The City's Planning. Commission is tentatively scheduled to consider this item at a regular meeting to be held on at
6 :30 p.m. on January 21, 2010, at the City of :Newport Beach Council Chambers, 3300 Newport Boulevard,
Newport Beach, CA 92658. For additional information, please contact Jaime Murillo, Associate Planner, at (949)
644 -3209 or at JMuriilo(@newportbeachca.aov.
Jaime Murillo, Associate Planner MEMOPOI.ITAN WATER DISTRICT OF SOUTHERN
City of Newport Beach Ch. j,`ORNIA HAS NO EXISTING FACILITIES OR RIG!
3900 Newport Boulevard WAY WITHIN THE LIMITS OF THE PROJECT.
Newport Beach, CA 92658
1 • II•�oto
WIN
imoi
J. Vanderwal
325 Holmwood Drive
Newport Beach, CA 92663
January 6, 2010
Jaime Murillo, Associate Planner,
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA92658
Tel: (949) 631.4984
Fax: (949) 631.4996
Subject: Old Newport Boulevard,General Plan Amendment (PA2008 -o47)
Dear Mr. Murillo,
My residence is located accross the alley of the above project.
Here are my comments:
1. Being a Real Estate developer /builder myself, I don't oppose
reasonoble developments that comply with City /County regulations.
2. I also understand that projects that are too small often do
not pencil out.
3 As to the involvement of a project's neighbors, I know all about
that: Three years ago, when I as owner /builder in Riverside County
was building 4 homes @ 3000 sq. ft. each, (total 12,000 Pt.);
I was forced to put in $220,000.- of improvements for the benefit of
the neighbors in order to get it approved.
4 My residence's: property is located accross our joint back alley
for about 80 . percent of the new medical building's length, which
will have a massive:. impact on the 14 wiridows.of my'•residence..along
the entire medical building.
As a consequence that will greatly reduce the value of my property.
5 I propose that we sit down so that this medical building can be
built, and here are two ways to do that:
A.. .I sell my residence to the owner of the medical office.
B... The City rezones my property so that I with the 'assistance
of the medical building's owner could build 2 condo's on the
second level of my residence, which actually would serve as
a transitional,zoning. between the commercial zoning.of'Old
Newport Boulevard and the residential zoning of Holmwood Dr.
Please note: My residence has already City- approved plans
for a second story..
Please contact me if you have questions.
With regards,
va_vaAale,_,
Jay Vanderwal
RECEIVED BY
PLANNING DEPARTMENT
JAN _72010
CITY OF NEWPORT BEACH r' I
a
Attachment No. PC 8
Responses to Department of Transportation Comment Letter
Ub�,
a
KUNZMAN ASSOCIATES. INC.
OVER 30 YEARS OF EXCELLENT SERVICE
January 29, 2010
Mr. David Keely
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Keely:
INTRODUCTION
The firm of Kunzman Associates, Inc. is pleased to provide responses to comments regarding the
proposed Old Newport Boulevard Sub -Area Project in the City of Newport Beach. The Old Newport
Boulevard Sub -Area Proiect Traffic Impact Analysis was prepared by Kunzman Associates, Inc.
(September 30, 2009). Comments were received from the California Department of Transportation in a
letter dated January 14, 2010.
The project site is located at 328, 332, and 340 Old Newport Boulevard in the City of Newport Beach.
The project site currently has access to Old Newport Boulevard and the alley easterly of Old Newport
Boulevard adjacent to the project site.
RESPONSE TO COMMENT 1
Chapter 9 of the traffic study includes the delay calculations at the Newport Boulevard /Hospital Road
intersection. The technique used to assess the capacity needs of the intersection is known as the
Intersection Delay Method based on the 2000 Highway Capacity Manual — Transportation Research
Board Special Report 209.
As shown in Table 11 of the traffic study, the Newport Boulevard /Hospital Road is projected to operate
at Level of Service C or better during the peak hours for Existing, Existing + Growth (Year 2012) +
Approved Projects + Cumulative Projects, Existing + Growth (Year 2012) + Approved Projects +
Cumulative Projects + Project, General Plan Buildout Without Project, and General Plan Buildout With
Project traffic conditions.
The Newport Boulevard /Hospital Road Level of Service worksheets in the traffic study show a reported
average queue of 3 vehicles that calculates to a maximum queue of 6 vehicles (3 vehicles x 2) for the
southbound left turn lane. The 6 vehicles require approximately 150 feet at 25 feet per vehicle. The
Newport Boulevard southbound left turn lane at Hospital Road currently provides approximately 190
feet of storage length.
1111 TOWN at COONBV ROAq SUITE 34 ORANGE, CA 92868
PHoN (714) 973.8383 . FAx: (714) 973 -8821
W W W.TRAFFIC- EN6INEER.COM
Mr. David Keely
CITY OF NEWPORT BEACH
January 29, 2010
In addition, a maximum of 66 vehicles are projected in the southbound left turn lane at the Newport
Boulevard /Hospital Road intersection. The "rule of thumb" for left turn storage at a signalized
intersection requires 1 foot for each vehicle per hour turning left during the peak hour. This would
require a 66 foot left turn lane (with a minimum storage of 150 feet).
RESPONSE TO COMMENT 2
Pursuant to the City of Newport Beach Traffic Phasing Ordinance to analyze typical peak hours it is
required that "the most current field counts for each Primary Intersection with counts taken on
weekdays during the morning and evening Peak Hour Period between February 1 and May 31 ". The City
of Newport Beach provided the Newport Boulevard /Hospital Road traffic counts dated April 2008. To
account for regional growth on roadways, existing (Year 2009) traffic volumes have been calculated
based on a 1 percent annual growth rate.
RESPONSE TO COMMENT 3
As shown in Table 11 of the traffic study for General Plan Buildout traffic conditions, the project -
generated traffic did not result in a significant impact at the study area intersections (increase of one -
percent or more at a study area intersection operating at worse than Level of Service D during the
morning /evening peak hours); therefore, no improvements are recommended at the study area
intersections.
RESPONSE TO COMMENT 4
So noted. In the event of any activity in the California Department of Transportation right -of -way, an
encroachment permit will be required.
It has been a pleasure to service your needs on this project. Should you have any questions or if we can
be of further assistance, please do not hesitate to call at (714) 973 -8383.
Sincerely,
KUNZMAN ASSOCIATES, INC.
Q� �) A I
Carl Ballard
Principal Associate
#4385
9,pFESS
3 No. TR0056 Z
LU
6
� q�RAFF��'
OFGA1-
KUNZMAN ASSOCIATES, INC.
William Kunzman, P.E.
Principal
Professional Registration
Expiration Date 3 -31 -2010
W W W.TAAFFIC-ENGINEER.COM
2
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