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Home My WebLink About15 - 441 Old Newport Medical Office Bldg Appeal CorrespondenceGAHDiovA500LAR AND THORACIC SURo ERY 447 OLD NEWPORT BOULEVARD. SUITE 200 NEWPORT NEAGH, GALIFORNIA 92803 AIDAN A. RANEY. M.D. DOUGLAS R. ZUSMAN, M.D. GOLIN I. JoYo. M.D. JAcovEs KPODONU. M.D. ANTHONY D. GAFFARELLI, M.D. May 14, 2013 The Honorable Keith Curry, Mayor of Newport Beach and Members of the Newport Beach City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: Appeal for Conditional Use Permit No. UP2011 -011 Project File No.: PA2011 -056 Location: 441 Old Newport Boulevard Dear Mayor Curry and Members of the Newport Beach City Council: "p,ECt9VEd AFTEP A GENDA p R i�yc('��J, _ iiSFA P LV- ST� 13 TELEPHONE (949) eSO -3350 FACSIMILE (948) 650 -1274 On September 6, 2012, the City of Newport Beach Planning Commission voted to deny the Conditional Use Permit No. UP2011 -011. The applicant sought to appeal the decision to the City Council on March 26, 2013. At that time, the City Council determined that the project revisions were significant and directed city staff to take the project back to the Planning Commission for review and action. On April 18, 2013, the Planning Commissioners again voted to deny Conditional Use Permit No. UP2011 -011. Once again, the applicant is appealing to the City Council to overturn the Planning Commission's, twice reviewed, twice denied decision. We are respectfully requesting that the City of Newport Beach Council Members uphold the denial decision ordered by the City of Newport Beach Planning Commissioners. We drafted a letter outlining our position on April 3, 2013. This letter /packet is included in the staff report provided by Ms. Melinda Whelan, Assistant Planner. In addition, we would like to call to your attention to an ongoing discrepancy regarding the square footage of the building at 441 Old Newport. The most recent staff report from April 3, 2013, describes the property as, .... an 11,540- square -foot building formerly occupied by general office uses and is currently being renovated." However, the applicant, on the second page of his own website, www.ventureregrout).com, describes three floors of rentable square footage totaling over 14,000 square feet (please see Exhibit A). The second exhibit is a listing from a paid service commercial database, Costar. The property building is listed at 14,935 SF, posting date May 8, 2013 (please see FELLOWS AMERICAN COLLEGE OF SURGEONS DIPLOMATES AMERICAN BOARD OF SURGERY AND THORACIC SURGERY Exhibit B). We have reviewed the City of (Newport Beach permits for this property and cannot find any information that conclusively shows the building is only 11,540 and it is our understanding that no city inspector has verified the square footage of the building. If in fact, the building 14,935 SF, as identified by the applicant, then the parking space requirement for medical use ( 5 spaces per 1000 SF) would require them to provide approximately 75 spaces. The lot at 441 Old Newport can only accommodate 44 spaces. Finally, we would like to address the "reciprocal easement agreement" between the property owners of 441 Old Newport and 445 Old Newport Boulevard. The property at 445 Old Newport Boulevard is currently in bankruptcy proceedings. This afternoon, May 14, 2013 at 1:33 p.m., we spoke to, Mr. Sheldon Herbert's assistant, Mr. Herbert is an attorney involved in the bankruptcy proceedings involving 445 Old Newport Boulevard. We learned that recently, the State of California Franchise Tax Board has placed an additional monetary claim against the estate and the estate has until May 31, 2013 to appeal. At minimum, this action will delay the removal of the property at 445 Old Newport from bankruptcy proceedings until at least August or September of 2013. If the appeal is not approved, the property could be tied up in bankruptcy proceedings even longer. Again, the reciprocal agreement is nebulous at best and is not a permanent, viable solution for this parking problem. As owners of the property at 447 Old Newport, we are very concerned that our parking lot will be negatively impacted if this permit is approved. We are requesting that the applicant be held to the same requirements as the other businesses in the area. We urge you to agree with the Planning Commission and vote to deny the conditional use permit. Respectfully yours, Aidan A. Raney, M.D. Ann Raney Owner, Raney Medical Plaza Owner, Raney Medical Plaza VENTURE RE GROUP r OJ r f--' i 1 tr."W ' ��) rH`{�1lt(,'! <t j ;��}/yt:. /7� i�Jl_,r�� J � _, 1 J VI�f 'J ... �'J' 1 vJ! SII.:. �f �..rl,YZ!°� AVAILABLE FOR PURCHASE, LEASE, OR LEASE OPTION 1.000 - 9.402 RSF r-.ii \'=.°'r; . f�".e�.i*�31r 2.95 NNNLsq. ft. l_ E 1;ir -]F RIM 5 Years ivtinimum 71...;1 • A 10, Af AIjNICE $50/us.- . 'v!�U s \ l �'- ( 7 q f y Available Early November 441 OLD NEWPORT BLVD, NEWPORT BEACH, CA 92663 Directly across from Hoag Hospital > � ✓, J �•` na!joLDj J' . J �•. • Brand tJevl, Just Completed Facility _. NEWPORT SLVD 55 000 Average Daily Traffic t • Newport Blvd Signage Available • Beautiful Glass Line with Balconies • Gurney Size Elevator & Surface Parking • Lease +.with Option to Purchase or Lease Only J ; -:.7H ✓ E-DiC, a R E G R O U P AVAILABLE FOR PURCHASE, LEASE, OR LEASE OPTION FIRST FLOOR - 4,650 RSF SECOND FLOOR - 4,752 RSF THIRD FLOOR - 4,907 RSF PLAN] 441 OLD NEWPORT BLVD, NEWPORT BEACH, CA 92663 518/2013 Page 14 Playa 44 Id M OWpprt Pjv,. :4 P' z4' 1 4." f mgg Lorilfan: Oceinview Medical Plaza BtAding Type Class B OfficeflMedicii Old Newport Blvd across from Hoag Hospital Airport Area Cluster Status Built 1981, Renov Aug 2012 Newport Beach SuUmarket Stedez 3 Orange County RE;-. 14,935 SF Newport Beach, CA 92663 l'y'rucal Floor 4,978 SF landlord Rep, Venture Real Estate Group Total Avail 9,402 SF Devefope; - Leased: 37.1% Management - Recorded fXvner Ocean View Medical ExcanSeS: 1995 Tax @ S0.29W Par;el.' 4-imb n. 425-Z71-12 Px inc: 50 free Surface Spaces arc. available; Ratio of 5.0011,000 SF 05i� AeAll FMIa*rC.ull; —7 a 5Z -.5 �0 4.WI 4 $2 9.3,=1 Vazapt Nv6p!cde e, Ventura Real EV5* Cta,,D /John aral (94z) 721-35013 IUan.!m aera-ml (949) 721.8600 ,I E zed %Lvo I 4J52 tl'40 52 951=n %Iacaitt Negaunble Nala .'MNIR RV61 i,-.Wf& C40!jLl 1,foha SMI (.449; 721-86W. saa..101 fr40) Y2; E&'o 518/2013 Page 14 Leilarti From: Sent: To: Subject: Attachments: Petros, Tony Monday, May 13, 2013 12:29 PM Brown, Leilani Fwd: 441 PRINTED:" # "I rental add 441 building.pdf; ATT00001.htm; bullet points 441.docx; ATT00002.htm Tony Petros City Council, Newport Beach (949) 254 -1591 tpetros@newportbeachea.gov Begin forwarded message: From: Sandie Haskell < sandiehaskellna,roadrunner.com> (Date: May 13, 2013, 11:01:57 AM PDT To: <TPetros@NewportBeachCa.gov> Subject: Fw: 441 Please read our comments on the 441 building attached to this email. I have also attached the rental /sale ad they have posted on the internet which shows the square footage of the building to be 14000 square feet, not what they are claiming in their application. Rick and Sandie Haskell (255 Evening Canyon Road CDM) residence (415 and 455 Old Newport Rd. NB) business 441 Old Newport Road Newport Beach We would like to list some of the top reasons to deny this project on your agenda for consideration at your meeting on May 14th *Parking is a huge problem in the area even with the current requirement of 5 parking spaces per 1000 square feet for medical usage . *This property does not meet the requirement of 5 parking spaces per square feet which will place additional unfair burdens on existing businesses. *The applicant does not even meet the requirement for regular commercial building parking spaces —yet they are trying to "shoe- horn" this overbuilt project into a medical use. *There are only 7 public spaces on the street available to supplement parking for ALL buildings in the area. *This property is listed for sale or lease and boasts of being a 14000 square foot building. (see attachment). This would require 60 parking spaces. Even with the unworkable parking agreement, the project does not even come close to providing adequate parking. *The property owner claims to have a workable parking agreement with the neighboring Soffer vacant lot but that property has no paved, marked parking. Also, the property remains in bankruptcy. The final disposition is unknown and who will end up winning control of the property cannot be predicted. Most importantly, no plans are submitted or guarantee provided to improve, pave and mark parking at this site. *To have a parking agreement with the Soffer property assumes the property will be developed. Who would develop a property that has no right to use its own parking lot? *The applicant puts much stock in the "first right of refusal agreement" with the Soffers. This, in no way, guarantees they will get control of the property. Many factors cloud this agreement, especially the involvement of the IRS and its quest to collect years and years of back taxes from the estate. *The Soffer property is not developed to provide parking for the 441 property — now or ever - then what? The building will already be leased — will you evict all the tenants? No, you need to stop this unworkable project now. *All the other owners of medical buildings in this area had to comply with tough city requirements. We had to reduce the size of both of our buildings to comply with parking requirements. In fact, we researched this 441 site and concluded that to comply with parking requirements the building would have to be too small to be profitable. The applicant did not do this research or make this connection — he does not think the laws apply to him. * This applicant did not do adequate research, provide the city with accurate plans, or comply with city regulations. He did not get proper permission and now asks you for forgiveness and the ability to operate this improperly executed plan. *The Planning Commission has twice reviewed this project and has found it lacking on both occasions; they refused to let this project go forward. The project does not pass the test. We ask you to exercise the same control over this project you have always required of projects in this area and deny this usage. The parking is inadequate, the parking agreement is inadequate and this building should not be allowed to open. The city should protect the public from projects that do not comply with its rules, not make the other building owners in the area suffer for this applicants mistakes and do not reward applicants for cheating! TM me 0 j1! f_ lei I Ij JOHN B!RA'L - r` RAR�IKO�B�E,A 949.727.8600 �� a ��,� 949�80�051,0 ibraf @ventureregyoup.co.,m mbeaver @wentuteregyoupfco� fF %l� +14° �ry ( DREi9genf #.On122675 4ORE Agent #01035461 260:1 Main Street3LSuite 960, Irvine, CA 92614. "w.venturreregroupgcom Broker Licensei0:b`5239.8.88) een oPlBNCE fiom sources DeheveE rera6k. IorGras VeNwo RE Grmip has nm verWetlh 'meke`sino nfe xaiiei csmeaplrl?auons eECNn /nY Project', ampJOnN mld d tL' pr7�se`nt °inejrtunt or(Nmre pertmmanco of tM1e pr0'Qery: Ypu a�yau etivlsars shoo d contloctTa careful LMe3Me� vneatlge bn afolt�e Oro Pe Tm Pe¢Y ftin oarp edl Therpree falxnhofyNb mvpartYls a4tmiMd,WOjem mie,Fmu 6mnionNchanoofp6i awinvailab iyoiitc6d ons moor mfal �{:esae o O t�1>rAN11 ��I1[c`y l lf\lAlE DINC'vikL P IL,�`kZr`\ �_.n l� r t' � <;,,- ,-,ter, AVAILABLE FOR PURCHASE, LEASE, OR LEASE OPTION FIRST FLOOR - 4,650 RSIF SECOND FLOOR - 4,752 RSIF THIRD F I O OR 4,907 RSIF (FIL J` A PIUAINIJ 441 OLD NEWPORT BLVD, NEWPORT BEACH, CA 92663