HomeMy WebLinkAbout12 - 328, 332 & 340 Old Newport Blvd GPA (PA2008-047)CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
March 9, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Jaime Murillo, Associate Planner
949 - 644 -3209, jmurillo @newportbeachca.gov
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
ISSUE
Should the City Council approve a General Plan Amendment (GPA) to accommodate
the development 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 commensurate with the number of on-
street parking spaces available 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.
Old Newport Boulevard GPA
March 9, 2010
Page 2
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. (Attachment No. CC1) documenting the following City
Council actions:
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 increasing the
allowable FAR for the site to 1.0; and
d. Approve Use Permit No. UP2009 -005, Modification Permit No. MD2009-
016 and the requested off - street parking credit.
DISCUSSION
Project Overview
The applicant is seeking a General Plan Amendment (GPA) to increase the allowable
floor area to land area 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).
The project site currently consists of three separate parcels (four legal lots) totaling 0.59
acres (25,725 square feet) and is developed with three buildings. The applicant is
proposing to demolish the existing buildings on site, consolidate the three parcels into
one parcel, and construct a 25,000 square -foot medical office building.
Please refer to the attached February 4, 2010, Planning Commission Staff Report for a
detailed discussion and analysis of the proposed project, related application requests,
and Mitigated Negative Declaration prepared for the project (Attachment No. CC2).
Old Newport Boulevard GPA
March 9, 2010
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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
9 /RSC
NORTH
CO -G
SP -9 /RSC
Office buildin
SOUTH
CO -G
SP -9 /RSC
Office building
EAST
Single -Unit Residential
Single - Family Residential
Single -unit residential dwellings
Detached (RS-D)
I (R -1
WEST
CO -G
SP -9 /RSC
Retail and office uses
Old Newport Boulevard GPA
March 9, 2010
Page 4
Staffs Recommendation to Planning Commission
Staff supported a GPA to increase the intensity limit for the site as it may provide an
economic incentive for redevelopment; however, staff was concerned with the equity of
granting an increased 1.0 FAR intensity limit to one property owner within an existing
commercial corridor area consisting of 49 parcels. Staff recommended that the Planning
Commission approve the GPA at a 0.75 FAR intensity limit, consistent with the
commercial intensity limit that was previously achievable through a lot consolidation
incentive that existed in the General Plan prior to the 2006 comprehensive update to the
General Plan. Staff was also concerned that the scale and character of the proposed
project would contrast with the older development in the area consisting of smaller
parcels that could not take advantage of the lot consolidation incentive, as well as
potential future development in the area that would be limited to a 0.5 FAR intensity.
As illustrated by the discussion under the Zoning & Site Design section of the Planning
Commission staff report, the site can accommodate a project with a 1.0 FAR; however,
the project requires maximization of the building envelope and several deviations from
development standards. Staff believed facts existed to support the modification permit
and off - street parking credit requests; however, staff requested Planning Commission
guidance with regard to the use permit request for the increased building height.
Planning Commission Review
The Planning Commission reviewed the project and related application requests on
February 4, 2010 and voted 6 -1 to adopt Resolution No. 1799 recommending that City
Council adopt the Mitigated Negative Declaration (MND) and approve the project, as
proposed with a 1.0 FAR, together with related application requests. The Planning
Commission hearing minutes have been attached for reference (Attachment No. CC3).
With regard to the GPA request for a 1.0 FAR intensity limit, the Planning Commission
agreed that, although the proposed project will appear significantly larger than older,
less intense development in the area, the project is generally in scale with newer mixed -
use developments and commercial development more recently constructed within the
area. The Commission believed that a 1.0 FAR was appropriate in this case and would
result in a good project that achieves the Old Newport Boulevard Specific Plan goals of
redevelopment, lot consolidation, reduction of curb cuts, and elimination of vehicular
ingress and egress from the alley accessible from Holmwood Drive.
With regard to the use permit request for the increased building height to allow an
elevator and stairwell tower to exceed the 32 -foot base height limit, the Planning
Commission felt that the proposed design allows for an entry lobby that is clearly visible
and accessible from the Old Newport Boulevard frontage and results in a more
desirable architectural treatment of the building than an alternative design that complies
with the height limit. Although the Commission believed sufficient facts exist to support
the request, they added the following condition of approval:
Old Newport Boulevard GPA
March 9, 2010
Page 5
• The portion of the elevator and stairwell enclosure that exceeds the 32 -foot
base height limit shall be redesigned in a manner that minimizes the bulk of
the architectural appurtenance. The final design shall be subject to the
approval of the Planning Director.
The Planning Commission also modified /eliminated the following recommended
conditions of approval:
�Az W2604.
• The final project design shall include 4utomated kitemal shades set to ebse in th
evenitW for °u windows l Ging ,M° ,.,f°„ s ntag° an + an internal lighting system
that would auto -dim after standard work hours, leaving small task lighting for
janitorial and service activities and to light areas where employees may be working
late.
• The five -foot rear yard (alley) setback shall be
landscaped with a combination of groundcover, shrubs, and vertical
plantings to enhance the aesthetics of the alley elevation and to minimize
the visual bulk and mass of the structure. The final landscape plan shall be
subject to the review and approval by the Public Works Department to
ensure the landscaping will not negatively impact vehicular circulation
through the alley right -of -way.
It should be noted that one Commissioner voted against the project and believed that
the project should have been designed to provide all required parking on -site and that
the off - street parking credit could impact future demand for on- street parking in the
area.
Parking Credit
The project proposes a total of 125 parking spaces, 7 of which are located 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; however, at the February 4, 2010, Planning Commission meeting, the
City's Traffic Engineer identified a sight distance hazard associated with 3 of the
proposed 7 on- street parking spaces. The remaining 4 spaces were determined not to
Old Newport Boulevard GPA
March 9, 2010
Page 6
pose a traffic hazard and the Planning Commission found the 4 space off - street parking
credit to be appropriate. Final project design will need to account for the loss of 3
parking spaces by reducing the total gross floor area by 600 square feet.
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
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.
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.
Floor Area
TSF
Tbp Rate /1 0U0 s ft �' �
�t 3 , 9
Cprr�rercia4
Tofu Peak HourTp�� _
�s�
12.8625
3 a.m. tri s
38.59 a m. tri
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.
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.
Old Newport Boulevard GPA
March 9, 2010
Page 7
Alternatives
Should the City Council 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.
Prepared by:
Mme Murillo, Associate Planner
Submitted by:
David Lepo, Plann} Director
Attachments:
CC 1 Draft Resolution of Approval with Findings and Conditions
CC 2 February 4, 2010, Planning Commission Staff Report
CC 3 February 4, 2010, Planning Commission Hearing Minutes
CC 4 Additional Correspondence Received
Attachment No. CC 1
Draft Resolution with Findings and
Conditions
C
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION, FINDING TRAFFIC STUDY NO. TS2009 -002 IN
COMPLIANCE WITH THE TRAFFIC PHASING ORDINANCE,
APPROVING GENERAL PLAN AMENDMENT NO. GP2008 -001
WITH A 1.0 FAR INTENSITY LIMIT, APPROVING USE PERMIT
NO. UP2009 -005, MODIFICATION PERMIT NO. MD2009 -016
AND THE REQUESTED OFF - STREET PARKING CREDIT FOR A
MEDICAL OFFICE PROJECT LOCATED AT 328, 332, AND 340
OLD NEWPORT BOULEVARD (PA2009 -047)
THE CITY COUNCIL 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 commensurate with the number of on-
street parking spaces available 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.
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
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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.
5. At the February 4, 2010, Planning Commission hearing, the Planning Commission voted
6 -1 recommending that the City Council approve the project as proposed, subject to
findings and conditions of approval.
6. A public hearing was held by the City Council on March 9, 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 City Council 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
City Council 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 City Council 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.
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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.
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
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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
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:
15.40.030.8.1 Construction of the project will be completed within 60
months of project approval; and
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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:
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, the following findings and facts in
support of such findings are set forth:
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
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results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
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 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 -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 de.velopment 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. A
condition of approval has been included requiring the above -grade rear setback
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area to be entirely landscaped with a combination of groundcover, shrubs, and
vertical plantings to enhance the aesthetics of the alley elevation and to
minimize the visual bulk and mass of the structure.
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 landscaping and will not impact vehicle maneuverability through the 20 -foot-
wide alley.
6. The project proposes a total of 125 parking spaces, 7 of which are located on- street.
Pursuant to Section 20.46.040.L 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; however, the City's Traffic Engineer has identified a sight distance hazard
associated with 3 of the proposed 7 on- street parking spaces. The remaining 4 spaces
do not pose a traffic hazard and a 4 space off - street parking credit is appropriate in
this case for the following reasons:
a. The project accommodates 4 on- street parking spaces 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 4 parking spaces 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.
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7. 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
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 following findings and
facts in support of such findings are set forth:
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 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 1 st 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 a difference 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).
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City Council Resolution No.
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Finding:
B. 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.
Facts in Support of Finding:
B -1. 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.
B -2. 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.
B -3. The result of the alternative 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.
Finding:
C. 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:
C -1. 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
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City Council Resolution No. _
Paae 10 of 26
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.
C -2. 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).
C -3. 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
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, providing an entry lobby clearly visible and
accessible from the Old Newport Boulevard frontage is desirable and
encouraged by the General Plan.
Finding:
D. The structure shall have no more floor area than could have been achieved without
the use permit.
Facts in Support of Finding:
D -1. The proposed structures will have no more floor area than could have been
achieved without requesting the increased height.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council 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
affect on the environment and that the Mitigated Negative Declaration reflects the City
Council's independent judgment and analysis. The City Council hereby adopts 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 City Council of the City of Newport Beach does hereby approve General Plan
Amendment No. GP2008 -001. Table LU2 and Figure LU9 of the Land Use Element of
the General Plan shall be amended as provided in Exhibit "B ".
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8
City Council Resolution No. _
Paqe 11 of 26
3. The City Council of the City of Newport Beach does hereby 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.
4. The City Council of the City of Newport Beach does hereby approve Use Permit No.
UP2009 -005, Modification Permit No. MD2009 -016 and the requested off - street parking
credit, subject to the conditions set forth in Exhibit "C ".
5. This resolution shall take effect immediately upon adoption.
6. The City Council of the City of Newport Beach hereby directs the City Clerk to mail
notice of this decision to the applicant and appellant within five working days of the
date of this decision.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on the
March 9, 2010, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
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E
City Council Resolution No. _
Pape 12 of 26
EXHIBIT "A"
Mitigation and Monitoring Reporting Program
Tmplt: 11/23/09
20
Method of
Timing
Responsible
Verification
Verification
Party
Date
Aesthetics
MM VA: The site shall not be excessively illuminated
Plan check
Prior to the
Planning Dept.
based on the luminance recommendations of the
and field
issuance of
Illuminating Engineering Society of North America, or, if in
inspection.
permits and
the opinion of the Planning Director, the illumination
after
creates an unacceptable negative impact on surrounding
construction.
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 Dept.
applicant shall prepare a photometric study in conjunction
issuance of
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 Dept.
standards of the Zoning Code. Exterior on -site lighting
issuance of
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.
"Walpal 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 Dept.
available control measures ( "BACMs") to reduce
inspections,
construction.
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
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City Council Resolution No. _
Paqe 13 of 26
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21
Method of
Timing
Responsible
Verification
Verification
Party
Date
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
Planning Dept.
- During demolition, to the extent feasible, recyclable
and field
issuance of
and
materials shall be separated from materials that cannot
inspections
permits and
Contractor.
be recycled.
(recycling).
during
- Incorporate energy and water saving materials, features
construction.
and practices as feasible; maximize use of low- energy
Contractor to
lighting (LED, fluorescent) where feasible; require
certify.
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
Planning Dept.
applicant shall provide written evidence to the Planning
and field
issuance of
and
Director that a qualified archaeologist (with training in the
inspections.
permits and
Contractor.
recognition of paleontological resources, or a separate
Contractor to
during
paleontologist) has been retained to observe grading
certify.
construction.
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
Planning Director.
MM CR.2: In accordance with the Public Resources Code
Field
During
Building Dept.
§5097.94, if human remains are found, the Orange
inspections.
construction.
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 HZA: A survey for hazardous materials /wastes shall
Plan check.
Prior to
Building Dept.
be undertaken prior to demolition activities. In the event
issuance of
that hazardous materials are determined to be potentially
permits.
resent, a plan for safe storage and disposal shall be
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City Council Resolution No. _
Paqe 14 of 26
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22-
Method of
Timing
Responsible
Verification
Verification
Party
Date
developed. The Applicant shall 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
Fire Dept.
for new construction, the Applicant shall submit
issuance of
documentation to the City's Fire Department for review
permits.
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
Planning Dept.
building plans include the following measures and that the
issuance of
measures shall be followed by the construction contractor
permits.
and crew:
1. 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. Manufacturers 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
Building Dept.
the applicant shall submit a Water Quality Management
issuance of
Plan ( "WQMP ") to satisfy the Citys requirements. This
permits.
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 NA: As feasible, pile driving shall utilize sonic pile
Field
During
Building Dept.
driving or caisson drilling in place of impact pile driving as
inspections.
construction.
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.
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22-
City Council Resolution No. _
Pace 15 of 26
Tmplt: 11123109
�LJ
Method of
Timing
Responsible,
Verification
Verification
Party
Date
MM N.2: All construction equipment shall be equipped
Field
Prior to start
Contractor.
with residential -grade mufflers and other suitable noise
inspections.
of excavation/
attenuation devices.
Contractor to
grading.
certify.
MM N.3: A temporary six -foot solid wall (e.g., wood or
Field
Prior to start
Building Dept.
other noise baffling material) shall be constructed on the
inspections.
of excavation
and
project site such that the line -of -sight is blocked from
Contractor to
grading.
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
Public Works
the project applicant shall prepare a construction staging
inspections
demolition
Dept.
plan that reflects the locations of the construction and
permit.
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
Planning Dept.
within 300 feet of the construction site shall be sent a
inspections.
of excavation/
and
notice regarding the construction schedule of the
Contractor to
grading.
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
Planning Dept.
"noise disturbance coordinator ". The disturbance
inspections.
of excavation/
and
coordinator shall be responsible for responding to any
Contractor to
grading.
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
equipped with a sprinkler system that complies with Fire
permit
Department specifications if any).
Traffic -- Safety
MM T.1: Sight distance at the project access points shall
Plan check.
Issuance of
Public Works
be reviewed with respect to City o; Newport Beach
building
Dept.
standards in conjunction with the preparation of final
permit
grading, landscaping, and street improvement plans.
MM T.2: On -site traffic signing and striping shall be
Plan check.
Issuance of
Public Works
implemented in conjunction with detailed construction
building
Dept.
plans for the project and as approved by the City of
permit
Newport Beach.
Utilities — Water and Wastewater
MM W.1: Prior to demolition, the applicant shall prepare a
Plan check.
Prior to start
Public Works
water system and sanitary sewer system demand study to
of
Dept.
identify potential impacts to the existing City or Sanitation
construction
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.
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City Council Resolution No. _
Paqe 16 of 26
Tmplt: 11/23/09
24
Method of
Verification
Timing
Responsible
Party
Verification
Date
MM W.2: Prior to the issuance of grading or building
Plan check.
Prior to the
Public Works
permits, the Applicant shall coordinate with utility and
issuance of
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
agencies.
MM W.3: The project shall incorporate water
Plan check.
Prior to the
Planning Dept.
conservation measures including low flow fixtures, water-
issuance of
efficient equipment, drought tolerant landscaping, rain
permits.
capture and storage and other features as feasible to
reduce water consumption.
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24
EXHIBIT "B"
Land Use Element Changes
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City Council Resolution No. _
Paqe 17 of 26
City Council Resolution No. _
Pace 18 of 26
Anomaly
Number
Statistical
Area
Land Use
Desf nation
Development
Limit (so
Development Limit Other
Additional Information
1
L4
MU -H2
460,095
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 -H2
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
PR
15,000
24
L3
IG
89;624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
80,000
28
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
75,000
32
L2
PI
34,000
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03
City Council Resolution No.
Paae 19 of 26
Anomaly
Number
Statistical
Area
Land Use
Designation
Development
Limit (so
Development Limit Other
Additional Information
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
34
11
CO -R
484,348
35
L1
CO -R
199,095
36
1-1
CO -R
227,797
37
1-1
CO -R
131,201
2,050 Theater Seats (not included in
total square footage)
38
L1
CO -M
443,627
39
11
MU -H3
408,084
40
L1
MU -1-13
1,426,634
425 Hotel Rooms (included in total
Square Footage)
41
1-1
CO -R
327,671
42
1-1
CO -R
286,166
43
11
Cv
611 Hotel Rooms
44
L1
CR
1,619;525
1,700 Theater Seats (not included in
total square footage)
45
L1
CO -G
162.364
46
1-1
MU -H3 /PR
3,725
24 Tennis Courts
Residential permitted in
accordance with MU -H3.
47
11
CG
105,000
48
L1
MU -H3
337,261
49
1-1
PI
45,208
50
11
CG
25,000
51
K1
PR
20,000
52
K1
Cv
479 Hotel Rooms
53
K1
PR
567,500
See Settlement Agreement
54
it
CM
2,000
55
H3
PI
119,440
56
A3
PI
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)
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City Council Resolution No.
Pace 20 of 26
..
Anomaly
Statistical
Land Use
Development
Number
Area
Designation
Limit (so
Development limit Other
Additional Information
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
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
76
H1
CO.O
0.5 FAR
are consolidated into one
parcel to provided unified
site design
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City Council Resolution No. —
Paqe 21 of 26
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Tmplt: 11/23/09
2
City Council Resolution No. _
Paae 22 of 26
EXHIBIT "C"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
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. Use Permit No. UP2009 -005 and 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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. 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.
7. This Use Permit and 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.
8. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or Modification
Permit or the processing of new permits.
9. 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
Tmplt: 11/23109
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City Council Resolution No. _
Pape 23 of 26
systems shall be kept operable, including adjustments, replacements, repairs, and
cleaning as part of regular maintenance.
10. Landscaping shall comply with all applicable landscaping standards contained within
Section 20.46.040 of the Zoning Code. No deviations are permitted.
11. The five -foot rear yard (alley) setback shall be landscaped with a combination of
groundcover, shrubs, and vertical plantings to enhance the aesthetics of the alley
elevation and to minimize the visual bulk and mass of the structure. The final
landscape plan shall be subject to the review and approval by the Public Works
Department to ensure the landscaping will not negatively impact vehicular circulation
through the alley right -of -way.
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 corner of the site
and screened from view of neighboring properties, except when placed for pick -up by
refuse collection agencies.
Tmplt 11/23/09
-g I
Between the hours of 7:OOAM
and 10:OOPM
Between the hours of
10:OOPM and T.00AM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial ropert
45dBA
6OdBA
45dBA
50dBA
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 corner of the site
and screened from view of neighboring properties, except when placed for pick -up by
refuse collection agencies.
Tmplt 11/23/09
-g I
City Council Resolution No.
Paqe 24 of 26
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.
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 an internal lighting system that would auto -dim after
standard work hours, leaving small task lighting for janitorial and service activities and to
light areas where employees may be working late.
23. The portion of the elevator and stairwell enclosure that exceeds the 32 -foot base height
limit shall be redesigned in a manner that minimizes the bulk of the architectural
appurtenance. The final design shall be subject to the approval of the Planning Director.
24. 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,
Tmplt 11/23109
39i
City Council Resolution No. _
Page 25 of 26
attorneys' fees, and damages which City incurs in enforcing the indemnification
provisions set forth in this condition. The applicant shall pay to the City upon demand
any amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
Fire Department Conditions
25. Elevators shall be gurney- accommodating in accordance with Article 30 of the
California Building Code (2007 edition).
26. Fire sprinklers shall be installed in accordance with NFPA 13, 2002 Edition.
27. 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.
28. Class I standpipe connections are required in all parking levels in addition to the fire
sprinklers.
29. 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.
30. Fire sprinkler monitoring system is required. If an "I" occupancy is proposed, a manual
and an automatic fire alarm system is required.
Building Department Conditions
31. 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.
32. An application for Alternate Methods and Materials shall be filed with, and approved by,
the Building Department to allow the categorization of parking for employees and
patients for the purpose of calculating disabled parking requirements. 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.
33. 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.
Tmplt: 11/23/09
33
City Council Resolution No. _
Page 26 of 26
34. 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
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
35. 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.
36. 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,
37. No above or below ground structural encroachments are permitted within the public
right -of -way, including tie backs, caissons, etc.
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.
Tmpit: 11/23/09
-N
Attachment No. CC 2
February 4, 2010, Planning Commission
Staff Report
35
3L
CITY 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, imurillo(a-)newportbeachca.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:
I
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.
V
Old Newport Boulevard GPA
February 4, 2010
Page 3
MAP
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
9 /RSC
NORTH
CO -G
SP -9 /RSC
Office building
SOUTH
CO -G
SP -9 /RSC
Office building
EAST
Single -Unit Residential
Single - Family Residential
Single -unit residential dwellings
Detached (RS-D
R -1
WEST
CO -G
SP -9 /RSC
Retail and office uses
3q
Old Newport Boulevard GPA
February 4, 2010
Page 4
INTRODUCTION
Project Setting
The 0.59 -acre (25,725 square feet) project site consists of three separate parcels (four
legal lots) and is currently developed with three buildings totaling 14,012 square feet
(0.54 FAR combined):
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 s�uare 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).
1 The City Council removed the conceptual development plan requirement from Council Policy K -1 on
August 11, 2009.
k0
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 (4"' 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 (1St 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 comer
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.
�t
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.
DISCUSSION
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
N 2-
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 densityAntensity 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.
k3
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
t4q
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.
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 Desion
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
1_1S
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:
Setbacks
Front
0
0
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
Parkin 9
(1 space /200 square feet)
118 spaces off - street
7 spaces on- street (requires approval
of arkin 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
Landscaping
2. 1 tree /50' of frontage (6 trees
2, 7 trees provided
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.
height limit.
Uf,
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:
I. 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.
47
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 32150 -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:
_ -. V
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 1St 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.
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
5-p
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
S-1
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 patient/employee
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.
5-2-
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 Studv
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.
s 25,725 square feet is the maximum square footage permitted on the project site with a 1.0 FAR.
C
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 (8) can
be made:
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.
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.
S(4
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
5�
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 Munllo, Assoaate Planner
ATTACHMENTS
Submitted by:
David Lepo, Plannigr Director
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
5Y.
Attachment No. PC 1
S_onrlitinnc _
-9F- Gov E---)
S
Attachment No. PC 2
Project Plans
I b
�yg 5. ';� � _ S� ..
LOTAREA
PARKING PROVIDED
LOW ER LEVEL 58 STALLS'
UPPER LEVEL V STALLS(] OF WHICH ARE ON THE STREET) --
TOTAL 125 STALLS
BLDG AREA PROPOSED: 25,000
PARKING REQUIRED: 125
LANDSCAPE AREA: 1300 SF
PERVIOUS AREA: 1861 SF
I
J
46. �I
a5
ABOVE
wee.eA 4850 BARRANCA PARKWAY ADVANCED MEDICAL
W O O Cl SUITE 203
BURGHARD IRVINE CA. 92604 LOWER PARKING LEVEL
S W A I N M) �s ss2 2.+
ARCHITF( —M (F.) "9 M2 can
6�
N
328 -340 OLD NEWPORT BLVD.
CRY OF NEWPORT BEACH, CA A -1
4850 BARRANCA PARKWAY
SUITE 203
IRVINE CA. 92604
(ra) 949 M2 2061
(FM) 949 552 9442
ADVANCED MEDICAL 328-30 OLD NEWPORT eLVD
UPPER PARKING - EMPLOYEE ONLY Cm OF NEWPORT BEACH, CA
I
1
L�
A -2
WBSA 4850 BASUITE 2 PARKWAY ADVANCED MEDICAL 32g-M OLD NEyyFp� gUyp
W O O D SUITE 203 S W A IRD IRVINE CA. 92604 OFFICE LEVEL 1 MY°FNEV6?( ^ C^ TA-73
S W fAfGI�RN (m) sw ssx zam
ARCHAB 3 (FA) 949 %x 942
W� 4850 BARRANCA PARKWAY ADVANCED MEDICAL
W O O D SUITE 203 329 -340 OLD NEWPORT BLVD. /�
BURGNARD IRVINE CA. 92604 OFFICE LEVEL 2 aTy OF NEWPORT BEACK CA A_4
S W A I N (m.) s.e ees saes
ARCHrrF= (s.V) ew a sus
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Attachment No. PC 3
General Plan Text Changes
(�-7
Table
Anomaly
Number
-StgW$ aol
Area
.
Land Use,
Desl notion
.
Development
Limit (s t)
DeSelo meat llmif (Other)', Additional Information
1
L4
MU -H2
460,095
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 -112
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 -112
31,362
349 Hotel Rooms (not included in
total square footage)
11
L4
CG
11,950
12
L4
MU -H2
457,880
13
L4
CO -G
288,264
14
L4
CO- GIMU -H2
860,884
15
1.4
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
16
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
PR
15,000
24
L3
IG
89,624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
86,000
28
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
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
ty
Wyrhbi�,
LU2 Anomaly
Std,fistiaO,
Area
Locations
Deiiandfyorhi'
V61666ent
"Prn-P
Limes' (so,"
Dev4iaprn,4 UmN Other )
AddMoricitInformatkn
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
-1
CO-M
443,627
39
Ll
MU-1-13
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
1,700 Theater Seats (not included
in total square footage)
45
Ll
CO-G
162,364
46
Ll
MU-H31PR
3,725
24 Tennis Courts
Residential permitted in
accordance with MU-1-13.
47
Ll
CG
105,000
48
LI
MU-1-13
337,261
49
Ll
PI
45,208
50
Ll
CG
25,000
51
K1
-PR
20,000
52
K1
CV
479 Hotel Rooms
53
KI
PR
567,500
See Settlement Agreement
54
it
CM
2,000
55
H3
PI
119,440
56
-
A3
PI
1,343,238
990,349 sf Upper Campus
677,889 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
GI
CN
66,000
64
M3
CN
74,000
65
M5
CN
80.000
66
J2
CN
138,500
67
D2
PI
20,000
-70-
Table
Anoma`ty
SfatisHcatCagdl/se
Development
Number ,
naffon
`' Limif s
'Deve}o mentLlmtt Other
Addition allnformaflonI
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
design
- -�i
'-72-
Attachment No. PC 4
Alternative Plans- Height Compliant
-� q
b -E" 5 -0"
I p L
/ 21
M
LOT AREAS 25.609 SF
PA RKING PROVIDED
LOWER LEVEL: 56 STALLS
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Attachment No. PC 5
Traffic Study
(Distributed Separately Due to Bulk)
- �,,L1
Attachment No. PC 6
Draft MND
(Distributed Separately Due to Bulk)
ps-
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Attachment No. PC 7
MND Comment Letters
a
�G+
STATEOFCALIFORNIA— BUSMESS TRANSPORTATION AND HOUSING AGENCY
ARNOLD CrHWARZENEGGFR G
DEPARTMENT OF TRANSPORTATION
District 12
a
3337 Michelson Drive, Suite 380
Irvine, CA 92612 -8894
Tel: (949) 724 -2241
Fax: (949) 724 -2592
Flex your powers
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:
1. 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.
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.
"Calirans 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 /tisguide pdf.
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.gov/hq/traffops/devel2psenL/pertnits.
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/Intergovemmental Review
�t °l
"Caltrans 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
"Caltrons improves mobility across California" q i
southern
Califomia
Gas Company
A I Sempra Energy utiuty°
December 17, 2009
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Attention: Jaime Murrillo
RECEIVED BY
PLANNING DEPARTMENT
JAN 05 2010
CITY OF NEWPORT BEACH
1919 S. State College Blvd.
Anaheim, CA 92506-6114
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 senrice. Its intent is to notify you that 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 as necessary 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 area, Dave
Baldwin, (714)634 -3267.
Sincerely,
Eric Casares
Technical Supervisor
Pacific Coast Region - Anaheim
rc/mr
mitnegde.doc
i C
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 currently 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
from 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: hffp://www.newportbeaghca.gov/index.asox?t)aqe-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 Muriilo 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 Murilio, Associate Planner, at (949)
644 -3209 or at JMurillognewportbeachca gov.
Jaime Murillo, Associate Planner VEM0PCL ?TAN WATER DISTRICT OF SOUTHERN
City of Newport Beach CAOFORNIA HAS NO EXISTING FACILITIES OR RIGI
3300 Newport Boulevard WAY WITHIN THE LIMITS OF THE PROJECT.
Newport Beach, CA 92658
vi v
I 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) 63114964
Fax: (949) 6314996
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 Ft.),
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 windows.of my •residence.e.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.
RECET"D BY
With regards, pLANN1NG DEPARTMENT
J %���`�� JAN , 72010
y erwal
CITy OF NEWPORT BEACH
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Attachment No. PC 8
Responses to Department of Transportation Comment Letter
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KUNZMAN ASS(OCLATES,
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 20.00 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 & COUNTnv ROAD, Surre 34, ORANGE, CA 92868
PHONE (714) 973 -8383 • FAX: (714) 973 -8821
W W W.TRAFFIC-ENGINEER.COM
C( n
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.
�� ��
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Carl Ballard
Principal Associate
#4385
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W"N TRAFFIC-ENGINEER.COM
KUNZMAN ASSOCIATES, INC.
William Kunzman, P.E.
Principal
Professional Registration
Expiration Date 3 -31 -2010
2
100
Attachment No. CC 3
Draft February 4, 2010, Planning
Commission Hearing Minutes
I0+
I'2-
NEWPORT BEACH PLANNING COMMISSION MINUTES 02/04/2010
Makana Nova, Assistant Planner, presented the staff report.
Public comment was opened.
Applicant was not present for representation.
No comments were made. 0901
Public comment was closed.
Motion made by Commissioner Unsworth, seconded by Commissioner
Hillgren, to adopt a resolution as follows: Deny the appeal and uphold and
affirm the decision of the Zoning Administrator and approve Parcel Map No.
NP2008 -024.
Substitute motion made by Commissioner Peotter, seconded by
Commissioner Toerge, to continue item to April 8, 2010.
Substitute motion failed with the following vote:
Noes: Eaton, Unsworth, Hawkins, McDaniel and Hillgren and
Ayes: Peotter and Toerge
Amended motion made by Commissioner Unsworth, seconded by
Commissioner Hillgren, to adopt a resolution, after debate and amendment,
as follows: Deny the appeal and uphold and affirm the decision of the Zoning
Administrator and approve Parcel Map No. NP2008 -024; and to insert the
word "revised" before the word "conditions" in the title of the resolution to read
as follows "approving Parcel Map No. NP2008 -024 with revised
conditions"
Amended motion carried with the following vote:
Ayes:
Eaton, Unsworth, Hawkins, McDaniel, Toerge and Hillgren
Noes:
Peotter
I
Abstain:
None
xxx
SUBJECT: Old Newport Boulevard General Plan Amendment (PA2008 -047)
ITEM NO. 3
328, 332, and 340 Old Newport Boulevard
PA2008 -207
The application consists of:
Approved
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 -stree
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.
Page 2 of 5
103
NEWPORT BEACH PLANNING COMMISSION MINUTES 02/04/2010
Jaime Murillo, Associate Planner, presented the staff report.
Nuft oft
Public UKAFT
comment was opened.
Emanuel Shaoulian, applicant and owner, Mike Swain, architect and Bill
Holman, consultant, presented a slide show and made comments.
Comments in support, opposition and of concern were given by the following:
• Mark Wilson, 325 Old Newport Boulevard
• Brion Jeannet, 470 Old Newport Boulevard
• Jay Vanderwal, neighboring resident
• Don Krotee, President of Newport Heights Improvement Association
Public comment was closed.
Motion made by Commissioner Toerge, seconded by Commissioner Peotter,
to adopt a resolution, after debate and amendment, as follows: City Council
adopt the Mitigated Negative Declaration, including the Mitigation Monitoring
and Reporting Program; 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; approve General Plan
Amendment No. GP2008 -001 with a FAR of 1.0; approve Modification Permit
No. MD2009 -016, and the requested off - street parking credit of four spaces;
approve Use Permit No. UP2009 -005 with the requirement to minimize the
bulk of the architectural appurtenance of the elevator and stairway feature;
delete Condition No. 4; modify Condition No. 22 to read "The final project
design shall include an internal lighting system that would auto -dim after
standard work hours, leaving small task lighting for janitorial and service
activities and to light the areas where employees may be working late" modify
Condition No. 37 to read "The five -foot rear yard (alley) setback shall be
landscaped with a combination of groundcover, shrubs, and vertical plantings
to enhance the aesthetics of the alley elevation and to minimize the visual
bulk and mass of the structure. The final landscape plan shall be subject to
the review and approval by the Public Works Department to ensure the
landscaping will not negatively impact vehicular circulation through the alley
right -of- way".
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Peotter, Hawkins, Toerge, and Hillgren
Noes:
McDaniel
Abstain:
None
SUBJECT: Balboa Center Renovation (PA2009 -153)
ITEM NO. 4
3101 -3121 Newport Boulevard and 3100 -3138 Balboa Boulevard
PA2008 -207
The application consists of two use permits and a parcel map associated with
Approved
the renovation and expansion of an existing retail shopping center. The
parcel map would allow the merger of six existing parcels into one parcel for
redevelopment. One use permit would allow portions of a new fa ade to
Page 3 of 5
1dLI
Attachment No. CC 4
Additional Correspondence Received
Ids
loo,
KLEIN & WILSON
BUSINESS TRIAL LAWYERS
A Partnership of Professional Corporations
326 Old Newport Boulevard
Newport Beach, California 92663
Telephone (949) 631 -3300
Facsimile (949) 631 -3703
February 5, 2010
City Council
City of Newport Beach
www.kleiiiandwilson.com
RECRIWD BY
PLANNING D11PAP TM)li l i"
FEB z 9 2010
3300 Newport Boulevard CITY OF NEWPORT BEACH
Newport Beach, CA 92658
Re: Dangerous Conditions of Property on Old Newport Boulevard
Application of Michael C. Adams Associates /Dr. Emanuel Shaoulian
Dear City Council:
We own the property located at 326 Old Newport Boulevard. The purpose of this letter is
to notify you of two dangerous conditions of the property on Old Newport Boulevard, which we are
very concerned will result in personal injury, death, and/or property damage. We strongly urge you
to consider this letter before you make a decision on the application of Michael C. Adams
Associates /Dr. Emanuel Shaoulian, a copy of which is attached as Exhibit 1.
DANGEROUS SIGHT DISTANCE CONDITION
Attached as Exhibit 2 is a Google satellite map of Old Newport Boulevard. Our building is
highlighted in yellow. Highlighted in pink are two street parking spaces on Old Newport Boulevard,
just south/west of our driveway.
When vehicles park on these street parking spaces, people exiting mybuilding have no ability
to see traffic traveling north/east on Old Newport Boulevard. Consequently, people exiting my
building must slowly pull their cars into harm's way before they can see oncoming traffic. A terrible
accident is inevitable. We strongly urge you to paint the curb at these locations red to prevent
parking at these locations, in order to increase the sight distance for people exiting my building.
DANGEROUS INTERSECTION
Attached as Exhibit 3 is another Google satellite map of Old Newport Boulevard.
Highlighted in yellow is the intersection at issue on Old Newport Boulevard, just north/east of the
intersection of Catalina and Old Newport Boulevard. We witness accidents at this intersection
10-7
KLEIN & WILSON
BUSINESS TRIAL LAWYERS
City Council
February 5, 2010
Page 2
approximately once every two months. We are concerned these accidents have not all been reported
to you because we attended a Planning Commission meeting on February 4, 2010, and heard accident
statistics that are far lower than our experience has shown. Accidents range from minor fender
benders to accidents requiring emergency medical treatment.
Cars frequently travel at high rates of speed on Old Newport Boulevard which contribute to
this dangerous intersection. Consequently, we urge you to take steps to slow traffic and perhaps
signalize this intersection. Something must be done to mitigate this dangerous condition before you
allow the owner at 328, 332, and 340 Old Newport Boulevard, Newport Beach, California to build
its project and further burden Old Newport Boulevard.
Sincerely,
Mark B. Wilson, P.C.
c: City of Newport Beach Building Department (w /enclosures)
City of Newport Beach Planning Commission (w /enclosures)
Newport Beach City Attorney (w /enclosures)
Enclosures
I bg
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Thursday, February 4, 2010, at 6:30 p.m., a public hearing will be
conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The
Planning Commission of the City of Newport Beach will consider the following application:
Old Newport Boulevard General Plan Amendment - A request for a General Plan Amendment (GPA) tc
increase the allowable floor area to land area ratio (FAR) for the project site from 0.5 FAR to 1.0 FAR. E
FAR of 1.0 could result in 25,725 square feet of development. Concurrent with the requested General Plar
Amendment, the applicant is proposing the construction of a 25,000- square -foot medical office building. In
addition to the requested GPA, the following approvals are requested or required in order to implement th(
project as proposed:
1. A use pen-nit to allow an elevator and stairwell enclosure to exceed the 32 -foot base height limit.
2. A modification permit to allow the proposed subterranean parking area to encroach 3 feet into the
foot rear yard setback.
3. A'seven space off - street parking credit for the creation of seven on- street parking spaces along th
project frontage.
4. A traffic study pursuant to the City's Traffic Phasing Ordinance.
A Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with th
application noted above. The Mitigated Negative Declaration states that, the subject development will n
result in a significant effect on the environment. It is the present intention of the.City to accept the Mitigate
Negative Declaration and supporting documents. This is not to be construed as either approval or denial by tl
City of the subject application. The City encourages members of the general public to review and comment c
this documentation. Copies of the Mitigated Negative Declaration and supporting documents are available f
public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevar
Newport Beach, California, 92658 -8915, (949) 644 -3200.
All. interested parties may appear and present testimony in regard to this application. If you challenge tt
project in court, you may be limited to raising only those issues you or someone else raised at the pub
hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the pub
hearing. The agenda, staff report, and documents may be reviewed at the Planning Department (Building C,
Floor), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website
yPA /yy.newportbeachca.eov on the Monday prior to the hearing.
For questions regarding details of the project please contact Jaime Murillo, Associate Planner, at (949) 5�
3209 or imurilloCa?newportbeachca.gov.
Project File No.: PA2008 -047
Zone: Old Newport Boulevard Specific Plan (SP -9);
Retail Service Commercial (RSC)
Activity No.: General Plan Amendment No.
GP2008 -001, Use Permit No. UP2009 -005,
Modification Permit No. 2009 -016, and Traffic Stuc
No. TS2009 -002
General Plan: General Commercial Office (CO -G;
Location: 328, 332, and 340 Old Newport Boulevard Applicant: Micheal C. Adams Associates
Charles Unsworth, Secretary, Planning Commission, City of Newport Beach
EXHIBIT I
Tmplr: 11/23/04
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Brown, Leilani
From: Murillo, Jaime
Sent: Tuesday, March 02, 2010 8:22 AM
To: Brown, Leilani
Subject: FW: newport heights resident opposed to following re development
Can you please add this email to the correspondence for the Old Newport GPA project?
- - - -- Original Message---- -
From: richard walton [ mailto :richardwalton @sbcgloba[.net]
Sent: Monday, March 01, 2010 10:01 PM
To: Murillo, Jaime
Subject: newport heights resident opposed to following re development
please, doubling the FAR is inconsiderate of the residential neighbors. Please do NOT APPROVE
THIS APPLICATION ABOVE:
PA2008 -047
SHAOULIAN ONB GPA
ND2009 -003 - Negative Declaration
MD2009 -016 - Modification Permit
TS2009 -002 - Traffic Study
UP2009 -025 - Use Permit
GP2008 -001 - General Plan Amendment
Address
328 OLD NEWPORT BLVD
332 OLD NEWPORT BLVD
340 OLD NEWPORT BLVD
Contact: J. Murillo - 949 - 644 -3209
Status:PENDING Applied:3 /14/2008 Follow -up Rev:
Approved: Final: Effective:
Expired: Denied: Pending: 4/18/2008
I
City of Newport Beach
Attention: Mayor Curry
Council Member Rosansky
All other Council Members
Planning Department
Subject: Disapproval of General Plan Amendment No. GP2008 -001 and associated
applications
We, the Newport Heights residents, whose residential neighborhood is adjacent to the
Old Newport Boulevard commercial area, strongly oppose the approval of General
Plan Amendment No. GP2008 -001 and the associated applications of Michael C.
Adams Associates (328, 332 and 340 Old Newport Boulevard).
Details: General Plan Amendment No. GP2008 -001 requests a 100 % increase
in the allowable FAR from 0.5 to 1.0 (an increase of 12,862.5sq. ft. of entitlement) and
will result in the diminution of the quality of life for Newport Heights and specially for the
nearby residents of streets, including but not limited to, Westminster, Holmwood, Catalina,
Broad and Clay. The existing GP FAR of 0.5 represents to the residents (nearby Old
Newport Boulevard) the sincere desire by the City via the updated GP to minimize the
impact on the residents, the residential streets and the commercial/residential
neighborhood in general. The impact of GP2008 -001 with its proposed associated
development on our neighborhood safety, health, traffic, noise, and parking is detrimental
to our quality of life and this impact will only be augmented by additional future
redevelopment of the remaining portions of Old Newport Boulevard. This compromise of
the general plan for this project also establishes undesirable precedent for future
commercial projects on Old Newport Boulevard. These concerns have become of
paramount importance since the demographics of our residential area has recently changed
with a significant increase in the number of children in the neighborhood. Per the
Planning Commission Staff report, 14,012 sq. ft. of office / medical office and one
apartment currently occupy the site. We would support the General Plan FAR of 0.5 for a
smaller development which sincerely takes into account below listed concerns /issues and
any approved plan would have to include no vehicular access from the alley, no vehicular
parking on the alley, thus all vehicular access would be limited to Old Newport Boulevard.
General Plan Amendment No. GP2008 -001 and associated applications should be
disapproved.
1. The following is a list of specific detailed concerns /issues to be resolved for the
currently proposed development of 328, 332 and 340 Old Newport Boulevard.
• The 2006 comprehensive update to the City's General Plan (GP) specifies a FAR of
0.5 which should not be changed to 1.0
Details: The applicant is to be complimented on proposing a new
development on Old Newport Boulevard and the defined vehicular access; however, the
applicant of the proposed development is requesting the City to ignore the GP standards
and policies which reflects a significant effort and expenditures by the City and its citizens
on the development of an updated GP. The existing GP FAR of 0.5 represents to the
residents (nearby Old Newport Boulevard) the sincere desire by the City to minimize the
impact on the residents, the residential streets, and the commercial/residential
neighborhood in general.
Additionally, the existing GP FAR of 0.5 maintains compatibility with the existing
businesses and results in small increments of additional traffic. Currently, the Old
Newport Boulevard area has existing businesses of smaller sites /structures with
predominately low commercial intensity and the proposed FAR of 1.0 would result in a
contrasting gross structure (a leviathan) for the area and with a significantly increased
commercial intensity. The existing businesses as a result of the proposed doubling of the
FAR will experience a twofold increment in traffic and associated traffic circulation on
Old Newport Boulevard which is heavily traveled. The increased traffic circulation is
further complicated by the proximity of this oversized project to the bi- directional
"interchange" of Old Newport Boulevard/Newport Boulevard. The proposed project
requires seven spaces of on- street parking which results in the existing businesses losing
seven public parking spaces.
Additionally, the Planning Commission Staff Report, dated 4 February 2010, addressed a
concern of fairness associated with the requested FAR change to 1.0 and requested the
Planning Commission to consider the fairness of granting an increased 1.0 FAR intensity
to a single property owner within an existing commercial corridor area. The City Council
is asked to consider the fairness and the effects on the future development in this existing
commercial corridor area and the fact that such precedent might establish new expectations'
for future applicants which are above and beyond the general plan.
The City Council is requested to disapprove this project, return it to the Planning
Commission for downsizing and request the applicant to consider a redesign reflecting a
smaller development with the General Plan FAR of 0.5 and possibly consider developing
the separate parcels individually with smaller structures with low commercial intensity to
maintain compatibility with the existing businesses. This proposed commercial project is
too large for the Old Newport Boulevard area (advantageous for the applicant), is not
compatible with the existing businesses (disadvantageous to the existing business owners),
does not minimize the impacts on the nearby residents (disadvantageous to the residents),
requires an unacceptable amendment (100% increase in FAR) to the General Plan and
additionally still requires a modification permit, a parking credit approval permit, and a
use permit. The proposed project is too large and represents an egregious disregard of the
2006 GP developed by the City and its citizens.
The proposed project fails to comply with three basic development standards
(setback, height, and parking) of Old Newport Boulevard Specific Plan (SP -9) and
requires the creation of an Anomaly.
Details:
1. The project requires an encroachment (2 feet ?) into the 5 -foot rear yard setback
(necessitating a modification permit).
2. The project has an elevator and stairwell in the northwest corner which exceeds the
base height limit (necessitating a use permit).
3. The project requires seven spaces of on- street parking (necessitating a parking credit
approval permit).
In addition to an amendment to the General Plan, this project requires the generation of an
Anomaly.
• The number of projected Peak Hour Trips for any development on this site should
be considered with respect to potential future cumulative amendments in this
existing commercial corridor area (Reference Charter Section 423).
Details: The understanding is that the 51.45 evening trips (P.M.) (Charter
Section 423 Peak Hour Trip Calculation) results in the utilization of approximately 40% of
the cumulative 100 peak hour vehicle trips constraint of Charter Section 423. Is the 40%
of the cumulative 100 peak hour vehicle trips associated with this site development (0.59
acre) judiciously appropriate /proportional to the total acres in the existing commercial
corridor area and associated future cumulative amendments? Are other future
development sites penalized by this proposed project? Does the Planning
Department/Commission have a method/procedure to address this concern?
• The proposed project will result in the reduction in the value of the residential
property.
Details: Mr. J. Vanderwal states in his letter (Reference letter, Attachment # A
received by the Planning Department 7 Jan 2010) that he is a Real Estate developer/builder
and the value of his property will be greatly reduced as a consequence of the proposed
project. The concern is that a proposed project of this size will not only reduce the value
of Mr. J. Vanderwal's property, but will reduce the value of other nearby residential
properties.
• Lighting impacts and privacy concerns of the adjacent residential properties for
any development on this site should be minimized by acceptance of the
recommendations specified on page 17 under the Lighting/Privacy paragraph of
the Planning Commission Staff Report, dated 4 February 2010.
Details: To minimize lighting impact and address privacy concerns, the
finalized project design should include automated internal shades set to close in the
evenings and an internal lighting system that would auto -dim after standard working
hours, leaving limited task lights illuminated for the janitorial activities.
• The Vehicular Access currently contained in this proposed project should not be
changed in future project modifications.
Details: Non - residential projects with ingress and egress from alleys accessed
from Holmwood are subject to Site Review to minimize traffic and parking impacts on
adjacent single - family residential areas. No vehicular access from the alley adjacent to
the residential area is proposed. No vehicular parking on the alley adjacent to the
residential area is proposed. All vehicular access will occur from Old Newport
Boulevard.
There should be no change to the Vehicular Access in future project downsize
modifications.
2. The following is a list of specific detailed concerns /issues to be considered for any
and every future proposed development of 328,332 and 340 Old Newport Boulevard.
• Historically, the type of business conducted at the subject sites has been from 8:00
AM to 5:00 PM with minimal or no business on weekends (and no Sunday
business). Any approved development for these sites should be limited to the
historical usage.
Details: The commercial property at 328, 332 and 340 Old Newport
Boulevard is unique in that it is adjacent to residential property. The nature and type of
business conducted at 328, 332 and 340 Old Newport Boulevard directly affects the
quality of life of the local residents.
Historically, the type of business at this site has been from 8:00 AM to 5:00 PM with
minimal or no business on weekends (and no Sunday business). Any approved
development for these sites should be limited to the historical usage.
During construction all deliveries /pickups (materials, construction trash, etc.) to
the site under development should be restricted to Old Newport Boulevard and
prohibited from the alley.
Details: This will minimize the safety, health, traffic, noise and odor impacts
on the quality of life of our neighborhood.
• Trash pickup from the completed site should be from Old Newport Boulevard and
prohibited from the alley. Additionally, all deliveries /pickups (business, laboratory
specimens, supplies, etc.) should be restricted to Old Newport Boulevard and
prohibited from the alley.
Details: This will minimize the safety, health, traffic, noise and odor impacts
on the neighborhood quality of life. The restaurant in the area (which has a parking
structure) was restricted by the Planning Commission to trash pickup using Old Newport
Boulevard. Several years ago, the restaurant moved trash pickup to Westminster Avenue
(residential area). The neighbors complained to the city and subsequently the restaurant
shifted the trash pickup back to Old Newport Boulevard. (Reference letter Attachment # B
received by the City Planning Dept. on July 13, 2006 and subsequently included in
Planning Commission Agenda Item No. 2 dated July 20, 2006).
Trash pickup from the completed site and all business deliveries /pickups (laboratory
specimens, office supplies, medical supplies, etc.) should be from Old Newport Boulevard
and prohibited from the alley.
• No on- street parking credit should be permitted.
Details: Currently existing businesses including the businesses at 400/404/408
Westminster, 350 Old Newport and 300 Old Newport, three being medical complexes /
establishments and the others being traditional commercial business, already generate
significant parking on the residential streets of Beacon, Holmwood, Westminster and
Catalina. Further large developments with allocated street parking will only exacerbate
the already existing issues / concerns.
• The Employee Parking Spaces should be designated with posted signage stating
"Employee Parking Only."
Details: This will minimize the safety, traffic, noise and parking impacts on
the quality of life our neighborhood. The current parking concerns noted earlier which
are due to existing businesses are generally due to employees of such stated businesses
parking in residential areas in order to accommodate already limited parking for their said
customers.
6
• The storage of vehicles and/or trailers on decorative paving, defined landscape
area or parking spaces should be prohibited.
Details: A tent trailer is currently stored on an existing medical business site.
This concern has existed since July 10, 2006 and is documented in the attached letter
which is part of Planning Commission Agenda Item No. 2 dated July 20, 2006 (Reference
Attachment #B). It is not known if the tent trailer occupies an approved parking space or
a defined decorative / landscape area. If the tent trailer occupies an approved parking
space, then the medical business parking area is unable to accommodate one less employee
/ patron who must consequently park on the street where there are few parking spots on
Old Newport Boulevard and the commercial portion of Beacon. If the storage of vehicles
/ trailers is on decorative paving or landscape areas, the intended aesthetics of the site are
diminished.
• Parking should be prohibited on any area specified as decorative paving or
landscape areas by signage.
Details: Current businesses have decorative paving and / or landscape areas
which are currently being used for parking. Such should be prohibited and marked
accordingly with proper signage. This ensures the desired aesthetics of the site is
maintained.
• An on -site employee area for smoking and conducting personal business on cell
phones should be established away from the common residential alley.
Details: This will minimize the safety, health, noise and odor impacts on the
neighborhood quality of life. In the past, various employees of the existing businesses
(medical, commercial, etc.) would lean on residential walls or stand on residential property
lines along the alley while smoking and/or engaged in disruptive noisy cell phone
conversations. (Reference Attachment # C, letter dated 14 December 2003)
7
Several items to be considered in the downsizing of this project include.
1. Elimination of office level two in order to address many of the concerns about
alley activities including but not limited to (noise, parking, trash, deliveries,
lighting, height intrusion, privacy, etc.). Elimination of office level two also
addresses the unfair precedent of approving the applicant's currently proposed
project beyond the scope of the General plan FAR of 0.5
2. Increase the turning radius of the parking levels for safety of patrons using the
southeast stairwell (Reference Attachment # D)
3. Eliminate the need for on- street parking
4. The residents strongly support the "no vehicular access from the alley" and "all
vehicular access from Old Newport Boulevard" for any development on the
proposed site.
5. In assisting the neighbors in making final recommendations, we suggest the
planning commissioners and city council members meet with the neighbors in
order to conduct a visual inspection of the proposed property space and the
current traffic / parking situation as presented by current businesses. The
neighborhood coalition requests such a review occur between the days of
Monday through Thursday between the hours of 9:OOam and 5:OOpm.
The finalized project should be equitable and judicious to all parties.
Attached is a signed list of the residents who are greatly concerned about the
aforementioned issues. We thank you in advance for your considerations of these
issues and the associated impacts on the quality of life for Newport Heights and
specifically for the residents of nearby streets. If
Sincerely,
Tom 13a
g f"' F 5
413 Holmwood Drive
tomlubaker@hotmaii.com
Eri de
400 Holmwood Drive
ande @sbc lobal.ne
(V:ed:rick Rawlins
300 Holmwood Drive
frawlins @sbc lobal.net
41.E �'� °t� % `J'�.,�
Gregg Schaeberle
323 Holmwood Drive
2re225@sbe2lobal.net
Peter erriga
405 Holmwoo Drive
peter.kerrigan@gmail.co m
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Alan Szabo //
308 Holmwood Drive
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JI. 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) 6314984
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,Ft.),
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 windows.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,
Jay Vanderwal
RECEIVED BY
PLANNING DEPARTMENT
JAN 7 X010
CITY OF NMORT BEACH
0 7
City of Newport Beach
Gregg B. Ramirez
Planning Department
3300 Newport Blvd.
Newport Beach, CA 92663
Subject: General Plan Update
Dear Sir,
n'WNNIA105"" °'
cay 0 IVEIRir; j THE /VJ-
JUL Y'3 2006
Our Newport Heights residential neighborhood is adjacent to the Old Newport
Boulevard commercial area. The current increasing impact of this commercial area
on our neighborhood has resulted in the diminution of the quality of life for the
residents. Generally affected areas include:
and safety concerns from commercial trash pick -up,
on residential streets instead of utilization of assigned commercial
C) in reased traffic volume on residential streets, with associated safety concerns.
Specific current problems which significantly affect the residential neighborhood
include:
A 1) commercial trashlrestaurant garbage bins located on Westminster Avenue
and adjacent to the residential portion of said Avenue - -which is predominately
residential. (Does the city have code/planning requirements in the updated general
plan that prohibit the location of trash/garbage bins adjacent to residential areas to
minimize the resultant noise, traffic and safety impact on the residents ?)
A 2) commercial trash/garbage trucks after the noisy pick -up of trash/garbage on
Westminster Avenue drive in reverse with limited visibility out of the
trash/garbage storage area onto Westminster and partially block both lanes of the
Avenue resulting in a significant safety problem. (Does the city have
code /planning requirements which address the location and access of
trash/garbage bins and associated traffic safety concerns ?)
A 3) commercial tmsb/garbage trucks after the noisy . pick -up of trash/garbage
quite frequently drive an unnecessary circular route through the residential
neighborhood. (Does the city have code /planning requirements in the updated
general plan that prohibit these large commercial trash/garbage trucks from
driving unnecessarily through the residential neighborhood when there have been
no service requests made by the residents ?)
0
B 1) employees and/or patrons of nearby businesses (medical, restaurant,
commercial, etc.) have been using the residential streets for commercial parking.
This leaves the streets of Westminster, Beacon, Broad and Holmwood with serious
parking for the residents of said streets. (Does the city have code /planning
requirements in the updated general plan that specify that employees must park on
their business employment parking area and not on the residential streets? Is there
a requirement that the parking spaces be specifically and clearly marked/reserved
for employees ?) In addition, the alley parallel to Holmwood is predominately
residential but is currently used extensively for commercial parking and traffic.
This significantly detracts from the residential quality of life. Is this addressed in
the updated general plan by prohibiting parking and through traffic in such
situations?
B 2) additionally, if there is an off -site parking agreement, what are the city
requirements for lease duration, legal recordation with accessibility by the public
and individual parking spaces signage specifications to assure the markings are
clear and specific in the intended usage? What actions are taken by the city and
imposed upon the commercial business upon the expiration of said agreement?
B 3) again, related to parking, a tent trailer is presently stored on a medical
business property - -it is not known if the tent trailer occupies an approved parking
space of the business. (Does the city have code /planning requirements in the
updated general plan that prohibit the storage of tent trailer, vehicles, etc, on
commercial property?)
Many of the above current problems have been previously submitted to Code
Enforcement under a separate cover. The future impact of the Old Newport
Boulevard commercial area on our neighborhood traffic, safety and parking is very
important to our quality of life and will only become more of a concern as the
adjacent commercial area continues to undergo redevelopment under the current
and Updated General Plan. The future redevelopmentladdition of several medical
and multi - purpose buildings will create more traffic and associated safety on our
residential streets and potentially more parking issues. These issues have become
of paramount important since the demographics of our residential area has recently
changed with a significant increase in the number of children in the neighborhood.
Attached is a signed list of the residents who are concerned about the various
issues. We would like to be assured that the General Plan Update and the
associated updated City Code will adequately address and resolve the issues and
restore a good quality of life to the neighborhood.
We thank you in advance for your prompt consideration of our requests and ask
that you please contact us via e-mail.
Sincerely,
Tom Baker, tomlubaker @hotmail.com
Ral h Kafesjian, raffikaf@yahoo.com
6
Signed,
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Signed,
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Planning Department 14 December 2003
City of Newport Beach
Newport Beach, California
Dear Planning Director,
We strongly oppose the approval of the application, User Permit UP2003 -048 (PA2003-
280), by Andrew Noakes. The commercial property at 408 Westminster Avenue is
unique in that it is adjacent to residential property (i.e., it is not surrounded entirely by
other commercial property). The nature and type of business conducted at 408
Westminster Avenue directly affect the quality of life of the local residents. Historically
the type of business at 408 Westminster Avenue has been basically from 9:00 AM to 5:00
PM with minimal or no business on weekends and is conducted inside the building.
Adults and children of the neighborhood are affected directly by the type of business at
408 Westminster Avenue -- noise, traffic, Datron /em to ees s oki n in the alley near the
resident' �rooertX /awav from the comiercial buildretc. The use of the bui ding for
a limited vehicle sales facility is inapporpriate in an area adjacent to a residential
neighborhood. It is strongly recommended that the application be rejected.
Sincerely, `
Moim"cd D(
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BLOGAREAPROPOSED, 25.000
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Traffic Analysis
City conducted traffic analysis concluded that the proposed
project would have a less than one percent increase in any
intersection during peak hours, therefore, NO SIGNIFICANT
IMPACT
No traffic mitigation measures are required
Access and Parking
All vehicular access and parking will be provided from Old
Newport Boulevard
Sidewalk, curb, gutter and driveway improvements will be
constructed on Old Newport Boulevard
New on- street parking
I�
Access and Parking
Existing uses on the site use the shared alley for parking and
access to office and residential uses
The proposed project would consolidate parcels, demolish
existing buildings and uses, and replace them with a single use
The proposed project will reduce traffic through the
residential neighborhood on Holmwood, Catalina and Beacon
a�
w §A 4850 BARRANCA PARKWAY I OLD NEWPORT DR. SHAOULIAN STUDIES
BBURIGHARD SUITE 203
IRVINE CA. 92604 ROOF PLAN OVER INTERPOLATED GRADING -8
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Old Newport Blvd Elevation
Alley Side Perspective
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West Side Perspective
#12 .- 3 -q -1a
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J. Vanderwal
325 Holmwood Drive
Newport Beach, CA 92663
The Honorable Members
of the City Counsel,
Newport Beach, CA.
"RECEIVED IiT� AGENDA
PRINTED:" � I Tel: (949) 6314984
3-9-10 Fax: (949) 631 -4996
March 5, 2010
Subject: The proposed medical offices at 328, 332 and 340 Old Newport Blvd.
Dear Counsel,
As a neighbor and plant engineer /designer of automobile assembly lines for
factories that produced 50 cars /hour, I feel I have this knowhow of my past
that allows me to comment on the proposed design :
1... This proposed design will have a massive visual impact on this area,
in particular the residents of Newport Heights.who will lose their feel
of living in a family - friendly neighborhood, due to this large building,
shown on page 2, Design W.
2 ... This proposed design follows the City's rules to somehow incorporate
the former presence of a hillside at that location into the design.
As a result therof, the allowable office square footage is split into two
jagged pieces that on top of each other fail to produse a pleasing sight
but instead become a massive wall that dominates its surroundings.
3...I am offering here three alternate designs:
a. The garage's Entry /Exit near Reacon St. must go, it is dangerous.
b. The 2 separate garages must be connected,..and I worked out a design
that makes then every stall available to patients and staff alike.
c. The two elevators must be side by side in the center of the garage,
because if one is busy or defect then the other one is available.
4... Design B: The total square footage of the offices is 25,000 sq. ft.
and.it happens to be nearly exactly alike to the size of the garage.
By splitting this 25,000 sq. ft. in 2 equal halves of 12,500sq. ft,
then we can stack them on top of each other on the north half of the
garage, and then we have reduced the visual impact of the offices
by 50 percent.
5... Another possibility is to spread out all of the 25,000 sq. ft of the
office space in one layer, which will then all by itself cover the
entire roof of the garage, see design C.
The disadvantage of it would be the length of the facility for
patients having to walk, they would be better served by a 2 -story
office building that has shorter distances and has an elevator.
6... This is the design that has half the offices if the building was
designed along the guidelines of 0.5FAR, see design D.
7... In either case, design the garage ceilings as low as possible, thus
limiting the building's visual impact.
With Regards,
Ja 'Vanderwal
PAGE 1
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PROPOSED
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ALLEY
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.GARAGE RAGE
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1 . 0 FAR RT — — — — — — — — — ^ — — Ow'mwpO BLw
NEW
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ALLEY
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' GARAGE GARAGE
— — — — — — — — — — — — — — — —. — — — —
1.0 FAR LD O REVPORT BLVD T .
ALLEY 4 —I Tm' r- I 1- 01'PICEB �1 1
: GARAGE
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ALLEY
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OW NEWPORT BLVD
UPPER
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LOWER
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M
74
72(elevation,
typ.
These topographic
contours were used
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TOPOGRAPHIC CONTOURS
48
72
arnate
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the hereby
posed changes
the design.
48
328 - 332 - 34D - OLD NEWPORT BLVD, NEWPORT BEACH
PAGE 4
Tuesday, February 02, 2010
To: Clerk of the Planning Commission
City of Newport Beach
Members of the Planning Commission
Re: Old Newport Blvd: Dr. Shaoulian project
Dear Members of the Planning Commission:
I am retired from Mariners Library after working there for over 20 years and have lived in the
neighborhood for 40 years. I currently volunteer a the Environmental Nature Center and at the
Muth Interpretive Center. I have been a member of the Steering Committee of the oldest
environmental group in the city — SPON. I have become familiar with the project images, site, and
the proposal.
I write in support of this improvement to a pretty dilapidated portion of Old Newport Boulevard. I
understand that there is an amendment to the General Plan and that the project also must gain
relief, through this process, for a small portion of the height regarding an entry stair and elevator.
This is a minor technical infraction and essentially is, in my opinion, not disruptive to the view or the
images of this project. These facts and a traffic analysis, as part of the CEQA document, allow me
to support the amendment and the granting of approval of what will be a very beneficial project for
this neighborhood.
The greatest asset to the area and to the project is that the owner has reached out to his
community and received a clean bill of health. The project would eliminate the poor quality of the
existing buildings and the traffic that currently uses these old buildings near the Newport Heights
area of the Holmwood Drive. This is a breakthrough for the issue of children's safety as well as the
reduction of traffic.
I hope this project receives the full support of the Planning Commission and Council.
Sincerely,
Andrea Lingle
Pc; City Council, Don Krotee AIA
Improvement Association
Newport Beach, CA. 92883
Tel 949. 355 -3280
Qonibnewporthelah ( s.ora
www.newportheiahts.ora
To:
Murillo Jaime <JMurillo @city.newport- beach.ca.us>
Project planner
Meeting Feb 3, 2010
The Board has conducted a review of the project and we find that, in that the
residential component of the project has been removed and the residential traffic
in the existing condition is eliminated, we support the height issues with the
zoning request and the GPA. We understand that the traffic increase explained
in the CEQA document indicates little impact and none of that significant and we
are in support of the project.
Further a review of the site and a poll of the neighborhood show general support
and no real opposition.
Don Krotee, President
Newport Heights Improvement Assoc.
Ms. Barbara Rawlings
535 Tustin
Newport Beach, CA 92663
To: Distinguished members of the Planning Commission
Date: January 26, 2010
Ec; Clerk of the Commission and Council, Donald Krotee AIA
Re: Old Newport Blvd.- Dr. Shaoulian project
Distinguished Members:
As you might recall, I live in Newport Heights and currently work and own a
business on Old Newport Boulevard. Additionally, I hold a Board seat on the
Newport Heights Improvement Association. Recently I have come to understand
that the subject project will come to Commission and eventually Council to
resolve an amendment to the General Plan and to gain relief, through the
discretionary action public meeting process for possible relief of a portion of the
height portions of the zoning for the project.
I am in full support of this amendment and granting approval of what I have come
to know as an exceptional project and improvement to this area. As you might
know, our Association has been working with the design staff for over 2 years
and has eliminated the residential component from past and the current project.
This eliminates not only the existing blight and the traffic associated with the
existing surrounding buildings but, also the ever increasing auto access to the
Holmwood Drive and alley area- a great improvement for life style as well as
safety.
I understand and I am sensitive to the amount of traffic in our area. Our
neighborhood is essentially not impacted according to the traffic study done as
part of the Mitigated Negative Declaration and we are relieved and appreciate
this. We would hope this CEQA companion document also be approved.
We give the project high marks for the design and look forward to seeing this fine
improvement in the ground.
Sincerely,
Barbara Rawlings
'To: City Councel Ref.: Gen.Plan Amendment lFrom: Date: March 8, 2010
Newport Beach, CA (PA2008 -047) Jay Vanderwal
SUBJECT: The proposed Medical Office building located at
328, 332, 340 Old Newport Blvd, Newport Beach, CA.
This 250 feet long new building is subject to a permissable building
height of 32 feet, and yet its proposed height exceeds that by 19 -26
BECAUSE OF THAT VERY SERIOUS VIOLATION, THIS PROJECT MUST BE DENIED.
4�
Z
4Jy . r
y line
Existing parking area
property line
This hillside r
has to be removed,
for this project.'
1` THE NEW GROUND ZERO
r- - -- - --
iproposed offices
� - I
I proposed offices
proposed 66 parking st
58`RarkihQ s
feet.
20' Alley
32 feet
building
envelop
20' Alley
`:Some comments on the above design:
a.. The shaded portions of half the garages' capacity are illegal, because
they are not within the permissable 32 feet high building envelop.
b.. Because of that illegality, these parking stalls can not be used to
calculate the permitted square footage of the office space, thus
reducing the proposed office space by half.
c.. Accordingly, a permissable design will have a single 62 -car garage
and with the existing 0.5 FAR office space on half the garage.
1 SEE PAGE 2
"RECEIV AFTER AGENDA
PRINTED:" Z -ID
March 9, 2010
Mayor Curry and member of the City Council,
City of Newport Beach
3300 Newport Blvd.
Newport Beach, Ca. 92663
Re: Agenda item #12
Project # PA2008 -047
Dear Mayor Curry and members of the City Council,
I write in support of the above referenced project which you will review this evening (319110)
for the following reasons:
Old Newport Blvd is a sorely neglected commercial street. It is often a
gateway to travelers through our city and yet offers absolutely no pedestrian
pleasures. It's a 'drive -by, drive- through' street. It's proximity to Hoag Hospital
and the medical profession's need for growing office space makes it an obvious
location for medical offices and services. This trend has been growing visible for
the last 20 years. Encouragement of this use supports the needs of our
community and Hoag hospital.
Residential and Commercial property have always existed side by side in
this case. It was zoned this way in the beginning. No transitional zoning ever
existed, however, an alley exists and serves as a buffer so that these different
uses do not share the same property line but rather have some distance between
these neighbors. Trying to extract a greater transition from this property owner
than the existing alley would be inconsistent and unfair.
The residential community that resides south of the alley to the subject property
(specifically Holmwood) existed in this location since the inception of this
community; when Old Newport Blvd was in fact, the main thoroughfare in our city.
Still residential occupancy flourished even with the obvious presence of both
Hoag Hospital and the commercial endeavors on Old Newport Blvd.
3. Commercial property owners are entitled to enjoy the full rights of the
zoning codes. Two story buildings are permitted on both sides of the alley.
This property owner is entitled to build a two story structure.
4. There is no zoning code designed to protect private views. We are not
discussing 'Public' views which are entirely another issue. I believe tt is not in
the best interest of the City to depart from a long standing precedent in regard to
protecting private views at the expense of a property owner being forced to build a
lower structure than zoning codes permit. In this case, a simple 6 foot high
Page 2 of 2
3 -9-10
fence built on the property line of the commercial property would block the
same private views - and would not require a special permit
5. Approximately 3 years ago the City Council adopted an Amendment to the
General Plan for this street which eliminated of The Specific Area Plan of Old
Newport Blvd; down zoned the FAR, eliminated the residential/commercial
zone which had permitted 1.25 x's buildable area (making Old Newport Blvd
solely commercial). By doing this approximately 6 properties became
'legal/non- conforming.' This was done without notification to the Old
Newport Blvd property owners and has resulted in a stagnation of
development on this street. No one, including the city, has benefited from this
action.
6. This project, designed at one times (1 x's) buildable area is a compromise
on the original and new FARs and makes good sense. This property owner
purchased and combined multiple parcels prior to the change in the FAR
(reference #5 above) resulting in a large enough parcel to attain a 1x's buildable
and still provide for required parking. It is a relatively isolated condition that could
not occur on many other of the properties on this street as this street was
originally subdivided into very small parcels that must adhere to a .5 FAR
because of parking requirements, and the difficulty (if not impossibility) of attaining
underground parking on these small parcels.
This project would be an asset to Old Newport Blvd., to the City and to the support of Hoag
Hospital.
Sincerely,
Brion Jeannette, AIA
Architect
Old Newport Blvd property owner
AFFIDAVIT OF POSTING
On Z/ e& & , 2010, I posted the Notice of Public Hearing regarding:
328, 332, and 340 OLD NEWPORT BOULEVARD
Date of Hearing: March 9, 2010
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, March 9, 2010, at 7:00 p.m., a public hearing will
be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport
Beach. The City Council of the City of Newport Beach will consider the following application:
Old Newport Boulevard General Plan Amendment - A request for 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. In a addition to the
requested GPA, the following approvals are requested or required in order to implement the
project as proposed:
1. A use permit to allow an elevator and stairwell enclosure to exceed the 32 -foot base
height limit.
2. A modification permit to allow the proposed subterranean parking area to encroach 3
feet into the 5 -foot near yard setback.
3. A seven space off - street parking credit commensurate with the number of on- street
parking spaces available along the project frontage.
4. A traffic study pursuant to the City's Traffic Phasing Ordinance.
A Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection
with the application noted above. The Mitigated Negative Declaration states that, the subject
development will not result in a significant effect on the environment. It is the present Intention of
the City to accept the Mitigated Negative Declaration and supporting documents. This is not to
be construed as either approval or denial by the City of the subject application. The City
encourages members of the general public to review and comment on this documentation.
Copies of the Mitigated Negative Declaration and supporting documents are available for public
review and inspection at the Planning Department, City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92658-8915, (949) 6443200.
All interested parties may appear and present testimony in regard to this application. If you
challenge this project in court, you may be limited to raising only those issues you or someone
else raised at the public hearing (described in this notice) or in written correspondence delivered
to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be
reviewed at the City Clerks Office (Building B), 3300 Newport Boulevard, Newport Beach,
California, 92663, or at the City of Newport Beach website at www.newaortbeachca.gov on the
Thursday prior to the hearing.
For questions regarding details of the project please contact Jaime Murillo, Associate Planner, at
(949) 644-3209 or jmurilbtrr�newaortbeachca.aov.
Project File No.: PA2008 -047
Zone: Old Newport Boulevard Specific Plan (SP-
9); Retail Service Commercial (RSC)
Location: 328, 332, and 340 Old Newport
Boulevard
Applicant: Micheal C. Adams Associates
Activity No.: General Plan Amendment
No. GP2008 -001, Use Permit No.
UP2009-005, Modification Permit No.
2009 -016, and Traffic Study No. TS2009-
002
General Plan: General Commercial Office
(CO-G)
4L P _V�
Lellahl I. Brown, City Clerk
T Y � ,,, M® 1 inw Ms-i; a I !., ®pgLSMANE a =MfI
425 38106
EMANUEL SHAOULIAN
332 N NEWPORT BLVD
NEWPORT BEACH CA 92663
425 381 11
ALFRED BEASLEY
337 HOLMWOOD DR
NEWPORT BEACH CA 92663
425 381 14
KEVIN BARNETT
350 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425 382 17
ALAN CHEE
PO BOX 10
LOS ALAMITOS CA 90720
425 382 20
ANTONY & KATHY SHAW
320 CATALINA DR RA
NEWPORT BEACH CA 92663
937 21009
STOBART FAMILY TRUST
325 LA JOLLA DR
NEWPORT BEACH CA 92663
93 0 23
GERA KLE
326 OLD WPO BLVD
NEWPORT ACH CA 92663
APPLICANT /CONTACT
Michael C. Adams Associates
Bill Holman
21190 Beach Blvd
Huntington Beach, CA 92648
Michael C. Adams Associates
1 man
21190 Ivd
H on Beach, CA 92648
« a peter -- - - -- . - --
•Uttllspz 1e 960W
p � ►S
425 381 07 425 108
33 ILCJEI�O T BL 0 L SH�OULIAN
332 OL NE PORT BLVD 0
NEWPO B CH CA 92663
425 381 12 425 381 13
JEFFERY ATKINS VANDERWAL FAMILY TRUST
333 HOLMWOOD DR 325 HOLMWOOD DR
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
425 382 15
425 382 16
VALERIE DURANT
WOODCO INVESTMENT CO INC
731 SAINT JAMES RD
3740 CAMPUS DR N 100
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92660
425 382 18 425 382 19
SUSAN LINDGREN CYNTHIA MIRANDA
128 27TH ST 316 CATALINA DR
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
425 382 21 937 210 08
WILLIAM DAVIS JOSEPH BAIRIAN
16485 LAGUNA CANYON RD 328 CATALINA DR
IRVINE CA 92618 NEWPORT BEACH CA 92663
937 210 21
93 10 22
GERALD KLEIN
GE D
326 OLD NEWPORT BLVD
%EIDN
326 p ORT BLVD
NEWPORT BEACH CA 92663
NEWPO CH CA 92663
Kosmont Companies
Attn: Susan Perry
Thomas Baker
865 S. Figueroa Street, 35'" Fl.
413 Holmwood Drive
Newport Beach, CA 92663
Los Angeles, CA 90017
COMMUNITY ASSOC.
Newport Heights Improvement
Association — Don Krotee
2916 Clay Street
Newport Beach, CA 92663
FILE COPY
PA2005 047 for OP2008 -M
- - - - -- -- - - 326. 33� 8 340 Old Newport &vd .. _ ._. .
T- ammn Qg& `i � f4EETINO:. 0(1915 W=Ikv1 �Mr Wn
at am amp pun -v- qeqvj_&pm Ana
T AV3AV-09U094 f .�M40d Pjoad N j19^w ' 4' ems pAv3Av wew6 at �IIRn Ries M , AP uga or se01M�_�i3
0%A� TE 5Mw ® I ail PaPef �Ea�ye I � V�Rr ®�yov � it
049 081 16 049 081 17 049 081 19
THEODORE BARRY PETER JAMES KERRIGAN ROBERT LAFONT
409 HOLMWOOD DR 405 HOLMWOOD DR 6747 E WATERTON AVE
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 ORANGE CA 92867
049 081 22 049 082 01 049 082 02
CARROLL ALM ALAN SZABO KENNETH EVANS
401 HOLMWOOD DR 308 HOLMWOOD DR 320 HOLMWOOD DR
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
049 082 03 049 082 04 049 082 05
LAZ EDWARD ELLIS NSC ENTS INC
326 HOLMWOOD DR 332 HOLMWOOD DR 3125 BAYSIDE DR
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 CORONA DEL MAR CA 92625
049 082 06 049 082 30 049 082 31
FLOYD JONES JOHN LARSEN T ORBACH
344 HOLMWOOD DR 345 CATALINA DR 339 CATALINA DR
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
049 082 32 049 082 33 049 082 34
LAWRENCE & GOLDA RAINS CHARLES & TAMMY WOODS LAWRENCE EDWARDS
333 CATALINA DR 327 CATALINA DR 321 CATALINA DR
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
049 082 35 04909236 049 082 37
ANDERSON HINSCH FRANK SELBY WEBB FAMILY TRUST
315 CATALINA DR 307 CATALINA DR 24751 VALDERAS
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 MISSION VIEJO CA 92691
049 082 38 049 082 39 423 011 30
ERIC SANDERS EDITH MARTIN MEMORIAL HOSPITAL HOAG
400 HOLMWOOD DR 404 HOLMWOOD DR I HOAG DR
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
425 271 15 425 271 16 425 272 01
LLC RDB ORANGE COAST ASSOCIATION NEWPORT MEDICAL CENTER LLC
415 OLD NEWPORT BLVD #200 401 OLD NEWPORT BLVD #100 2441 HEALTH CTR DR #600
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 LAGUNA HILLS CA 92653
425 272 02 425 272 03 425 283 18
NEWPORT MEDICAL CENTER LLC HUNG ONG LE BIARRITZ RESTAURANT
2441 HEALTH CTR DR #600 1431 HIGH BLUFF DR 414 OLD NEWPORT BLVD
LAGUNA HILLS CA 92653 NEWPORT BEACH CA 92660 NEWPORT BEACH CA 92663
i
425 38102 425 381 03 425 38104
MIE KATAYAMA JACQUELINE JOY HUMPHRIES VICTOR & C BUCCOLA
2233 MARTIN #402 1836 GALAXY DR 1826 TRADE WINDS LN
IRVINE CA 92612 NEWPORT BEACH CA 92660 NEWPORT BEACH CA 92660
�( AMqu@tW fads A adw mAn owdxa M dad PMI *onnom la }."wis Wq
41AB16dPA�i1WA 5%ow s .. ii de dOW �ItlMtPwB ♦ i telemonrtlnn lm
Dear Council,
The acual subject here is
Section 20.65.030, Measurement of Height, Paragraph 'A',
20.65.030 Measurement of Height
A. Height of Structure. The height of a structure shall be the vertical distance between
the highest point of the structure and the grade directly below. In determining the
height of a sloped roof, the measurement shall be the vertical distance between the
grade and the midpoint of the roof plane, as measured from the ridge of the roof to
where the wall plate intersects the roof plane, provided that no part of the roof shall
extend more than 5 Feet above the permitted height in the height limitation zone.
The first sentence, underlined here, very clearly defines the height
of a structure, and it cannot be misunderstood.
Section 20.65.030 -'B' -1 starts out with the following sentence:
B. Grade. For the purpose of measuring height, the grade shall be the unaltered natural
vertical location of the ground surface unless one of the following applies:
1. At the time of subdivision, the City has approved a grading plan or map,
under which circumstances grade shall be finished grade as shown on the
plan or map so approved. For sites that were developed without or prior to
the requirement for a grading plan or map, the Planning Department shall
exercise its best efforts to determine the location of grade for the purpose of
measuring height. In so doing, the Planning Department shall use existing
on -site elevations and contours, as well as the elevations and contours of
adjoining and nearby properties to determine the natural profile of the site.
In cases where retaining walls have been constructed or tilled surfaces have
been used for the purpose of measuring height prior to October 12, 1972, the
1 finished grade established in conjunction with the filled condition shall be
used or'fhe measurement of eig t. Under no circumstances shall height be
measured from excavated surfaces such as basements and wine cellars which
have been used to artificially lower the ground surface.
The problem here is that the 3 words 'in conjunction with' are not
_nderstood,or being .ignored.
1
I Vanderwal
325 Holmwood Drive
Newport Beach, CA 92663
41
/ED
� (�, �b Tel: (949) 631.4984
Fax: 631.4996
flECE1,
(949)
April 6, 2010
2fl10 APR -7 PM 2 53
- f�ityManager
tL�City
CFFICE QF
— Attorney
The City Council,
THE CITY CLERK
—File
Newport Beach, CA.
CITY Or PIEWPORT BE9,H
Subject: An examination of the wording of the
city's Measurement of
G Height of structures,
Section 20.65.030 indicates that the city has
not complied with its
directives when it approved on March 9, 2010
the Medical Offices at
328, 332,340 Old Newport Blvd.
Dear Council,
The acual subject here is
Section 20.65.030, Measurement of Height, Paragraph 'A',
20.65.030 Measurement of Height
A. Height of Structure. The height of a structure shall be the vertical distance between
the highest point of the structure and the grade directly below. In determining the
height of a sloped roof, the measurement shall be the vertical distance between the
grade and the midpoint of the roof plane, as measured from the ridge of the roof to
where the wall plate intersects the roof plane, provided that no part of the roof shall
extend more than 5 Feet above the permitted height in the height limitation zone.
The first sentence, underlined here, very clearly defines the height
of a structure, and it cannot be misunderstood.
Section 20.65.030 -'B' -1 starts out with the following sentence:
B. Grade. For the purpose of measuring height, the grade shall be the unaltered natural
vertical location of the ground surface unless one of the following applies:
1. At the time of subdivision, the City has approved a grading plan or map,
under which circumstances grade shall be finished grade as shown on the
plan or map so approved. For sites that were developed without or prior to
the requirement for a grading plan or map, the Planning Department shall
exercise its best efforts to determine the location of grade for the purpose of
measuring height. In so doing, the Planning Department shall use existing
on -site elevations and contours, as well as the elevations and contours of
adjoining and nearby properties to determine the natural profile of the site.
In cases where retaining walls have been constructed or tilled surfaces have
been used for the purpose of measuring height prior to October 12, 1972, the
1 finished grade established in conjunction with the filled condition shall be
used or'fhe measurement of eig t. Under no circumstances shall height be
measured from excavated surfaces such as basements and wine cellars which
have been used to artificially lower the ground surface.
The problem here is that the 3 words 'in conjunction with' are not
_nderstood,or being .ignored.
1
WEBSTER'S NEW UNIVERSAL UNABRIDGED DICTIONARY explains:
Webster writes that the word
'conjunction' is the same as
'joining together' or being
'joined together'.
The two entities that are
involved here together are
the finished grade that was
created by putting the excess
soil behind the retaining wal
we can now substitute
the word conjunction for
the word og to Tier
as shown erg e below:
g6nlyficltion n. [ME. conjunccion; OFr.
conjunction; L. conjunctio, from pp. of con -
jungerei see conjoin.]
1. a loinin to ether or being_i -pined ta-
gether; unions associa ion; combination; as,
care essness, in conjunction wi—'t tl—lainess,
made her a poor worker.
2. coincidence; as, the conjunction of events.
3. in astronomy and as ro ogy, a meeting
of two or more stars or planets in the same
degree of the zodiac; as, the conjunction of
the moon with the sun, or o upiter and
Saturn. Heavenly bodies are said to be in
con unction when they are seen in the same
partotth e eavens, or have the same longitude. i
The inferior conjunction of a planet is its
position when in con unction on the same side
of the sun wit a ear —*,the superior con-
junction is its position when on the side of the
sun most distant from the earth.
4. in grammar, an uninflected word used to
connect words, phrases, clauses, or sentences!
cULLIiCCLivC: conjunctions may be co-
ordinat-ing e.g., and, but, or), subordinating (e.gg.,
if, when, as, because, though, etc.), or correla-
tive (e.g., either ... or, both ... and, etc.).
for the purpose of measuring height prior to October 12, 1972,
the finished grade established in conjunction with the filled condition
shall be used for the measurement of height.
WHAT IT MEANS IS THIS:
for the purpose of measuring height prior to October 12, 1972,
the finished grade established together with the filled condition
shall be used for the measurement of height.
Accordingly, todav's on -site situation is that about 70 percent of the
former hillside that is fronting on Old Newport Blvd. has a flat
finished grade from which a building's height needs to be measured.
T e remaining 30 percent of the hillside is too narrow to be useful to
overcome the impact of the low finished grade,which then dictates a
building design as shown in my letter dated April 5, 2010.
With regards,
Jay Vanderwal
CC, Planning Director
2
J. Vanderwal F Tel: (949) 631-4984
325 Holmwood Drive Newport Beach, CA 92663 � � I,/` D Fax: (949) 631.4996
April 5, 2010. OFRCE OF
The Cit y Council of THE CITY CLERK
Newport Beach, CA. CITY OF I'!F') ?ORT BEACH
Ref. The Council's approval on March 9, 2010 of a new
Medical Office Building at 328, 332,340 Old Newport Blvd.
Dear Council,
In reviewing this project's actual design the past weeks, I have
discovered that its designers used the wrong approach as to dealing
with the hillside that used to be at that location.
Had there actually been an actual hillside today, then their design
would have been correct, but there is no hillside there now.
Enclosed herewith on page 2, The City's Measurement of Height
Section 20.65.030, §B -1 starts out with mentioning the height of
an unaltered natural vertical location of the ground surface, UNLESS
one of the following applies:, Etc. See Page 2.
The underlined description deals with retaining walls that already
existed prior to October 12, 1972, in which case the finished grade
in conjunction with the filled condition shall be used for the
measurement of height.
That is what it is the case right here.
Page 3 shows that the present structures on the three properties were
built well before that, so that therefor those pre- existing grades
need to be incorporated in the design.
Those sloped former hillsides of the architect's drawings are therefor
wrong, very wrong, and are in violation of the required measuring
procedure.
This whole project needs to be redone, all the way from square one.
I am helping you and the developer with a proposed design that will
fit within the 32 feet ceiling, it will be about 30 percent smaller,
but it will fit within 2 building levels rather than 4 building levels.
This will make it fit in Old Newport Blvd's building style, it also
complies more with the overall character of the neighborhood.
The present 4 -story design cannot be salvaged, it is unfortunate for
the owner, his achitect should redesign the whole project for 2 levels,
at no cost to Dr. Shaoulian.
With regards,
ay Vanderwal.
Page 1
20.65.030 Measurement of Height
A. Height of Structure. The height of a structure shall be the vertical distance between
the highest oint oft the structure and the grade directly below. In determining the
height of a sloped root, the measurement shall be the vertical distance between the
grade and the midpoint of the roof plane, as measured from the ridge of the roof to
where the wall plate intersects the roof plane, provided that no part ofthe roof shall
extend more than 5 feet above the permitted height in the height limitation zone.
B Grade. For the purpose of measuring height, the grade shall be the unaltered nature
vertical location of the ground surface unless one of the following applies: �---
pifASE NOTI:�►t111111111111111
1. At the time of subdivision, the City has approved a grading plan or map,
under which circumstances grade shall be finished grade as shown on the
plan or map so approved. For sites that were developed without or prior to
the requirement for a grading plan or map, the Planning Department shall
exercise its best efforts to determine the location of grade for the purpose of
measuring height. In so doing, the Planning Department shall use existing
on -site elevations and contours, as well as the elevations and contours of
adjoining and nearby properties to determine the natural profile of the site.
/Tn cases where retaining walls have been constructed or filled surfaces hav?
U3�U IUI IIIC Illoasuremem or neigm. unaer no circumstances shall heighNbe
measure om excavated sur aces such as basements and wine cellars which
have been used to artificially lower the ground surface.
This is the required finished grade
determination for this project,
because of its prior to Oct. 12, 1972
established finished grade.
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�' gY a.a lirie��
Y
ESTABI,ISHF,D�FINI
GRADE
SOUTH ELEVATION
OLD NEWPORT DR. SHAOULIAN STUDIES
-SIDE EXTERIOR ELEVATIONS
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Pgge 2
ROOF
SCREEN __— __`---- 250FT.ta�C�—
n ve ALL
8,200 sq. ft- 16,400 sq. ft. Parking
N�8,200 sq, ft. Offices
16,400 sq. ft. Parking
Because of its 32 feet height limitation for this project
as it is now measured from the ground floor, it has the surpising outcome
that, when compared with its earlier design, that its loss of one third
Of its office space gets compensated by having to build only two building
levels instead of the origional four levels.
This is based on the assumption that the 0.5FAR gets doubled to 1.OFAR,
as approved for the former design.
This two -story building would fit well in the area, but the architect
should make a serious effort not to design a bland building without style.
Page 3
Shown
below are the
records of the
buildings that will
be razed.
' Parcel: 425 - 381 -06
Owner SHAOULIAN, EMANCEL
-- -
? Site: 328 N NEWPORT BLVD-ORANGE CA
-
92869
Use:OFFICE - LOG] RISE
Zn:
I$620 300 W.
Sale: 5620, 000F5/13/198B
COAST HWY *NE'APDRT BENCH CA
9 663
Lns:340C,000
Doc :225095
Map Blk:
Lot: S
BgdBath:
h:
Yb:19eo 4,533
S1, 0'S6, 120
--
LLsz5,90o Imp: 118
k"p.
Un:
Un:
Parcel: 425- 381 -07
Owner: SEWULIAN,EMMUEL
'
3w S" :332 OLD NEW ?ORT BLVC *NEW?ORT BEACH CA 92663
Use: MISCELLANEOUS Zn:
Mad :3300 W
COAST HWY *NEWPORT BEACH CA
92663
Lns:
Sala: $540 30OF
DaOe: 09/30/1996
Nap: Elk:
DOc:21
%
Authorized to Publish Advertisements of all kinds Including public notices by
Dgcrcc of Abe Supenot Court of Orange County, California . Number A - ()211,
September 29, 1961, and A -24831 June 11. 1963 RECEIVED
PROOF OF PUBLICATION 1010 MARS -5 /AM ? 03
OI
CF� fir
STATE OF CALIFORNIA) .
ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid: I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
February 27, 2010
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on March 1, 2010 at
Costa Mesa, California.
gJl�Yt 1. �Q K Y�i -a' l
Signature
Nana O WK RfA1110
NOTICE IS NMGY OWEN that on Taeadry,
I tltrmdt 9, 4010, at 7:00 r., a public hearne
.,If be conducted n the !;' Council Chambers
lBurldmy Al at 3300 Newport Boulevard. Newport
Beach The City Council of the City of Newport
Beach will consider the following application
Old Newport Boulevard General Plan Amendmenl
A request for a General Plan Amendment (GPA)
to increase the allowable flow area to land area
ratio (FAR) for the Project site from 0.5 FAR to
ID FAR. An FAR of 1.0 could result in 25.725
square feet of development Concurrent with Abe
requested General Plan Amandmenl. the applKaot
is proposing the construction of a 25.000 square
foot medical office building. In a addition to the
requested GPA, the following approvals are re-
quested or required in order to implement the
project as proposed
I. A use permit to allow an elevator and stairwell
enclosure to exceed the 32 toot base height limit.
2 A modification Permit to allow the proposed
subterranean parking area to encroach 3 feel into
the 5 loot rear yard setback.
3. A seven space off- street parking credit com
mensurate with the number of on street parking
spaces available along the pron, frontage.
A A traffic study pursuant to roe City's Traffic
Phasing Ordinance.
A Mitigated Negative Declaration has been Pre
pared by the City of Newport Basch In connection
with the application noted above, The Mitigated
Negative Declaration States that, the subject
development will not result in a significant effect
on the eevttonment It n the present mtlntmn of
the City to accept the Mitigated Negative Declara.
tion and supporting documents. this is not to be
construed as either approval or demal by the City
of the subject application The City encourages
members of the general public to review and
comment on this documentation Copies of the
Mitigated Negalwe Decwalusn and supporting
documents are available for public review and
inspection at the Planning Department. City of
Newport Beach. 3300 Newport Boulevard. Newport
Beach, California. 97658-8915. (949)6443200.
All interested partves may appear and Present
testimony in regard To this application If you
challenge this protect m court you may be limited
to raising only those issues you or someone else
raised at the public hearing (described in this
notice) or in written correspondence delivered to
the City, at. w poor to, the public hearing The'
agenda. staff report. and documents may be
reviewed at the City Clerk's Office (Budding B),
3300 Newport Boulevard. Newport Beach. Caliton-
nia. 92663, or at the City of Newport Beach
website at www."imper Mavai a.pr on the
Thursday prior to the hearing.
TV questions regarding details of Abe wojed
please contact Jaime Munllo. Associate Planner.
at (949) 643209
or Mnrrlb a.: PA20 8 0dwe.Per.
Mere Old a.: rt Bouleva7
Retail Old Newport Boulevard Specific Plan ($P9).
Retail Service Commercial (RSC)
baaeiem 328. 332, and 340 Old Newport Boulevard
!rat Plan Amendment No
,mil No. UP2009005. Mod.
2009016, and Traffic Study
Oewnd Planar General Commercial Office
Ledanl 1. Brown,
Published Newport Beach /Coate MW C
February 27, 2010
Authurlad to Publish Advertisements of all kinds including public mica by
Decree of the Superior Court of Orange County. California Number A -6214,
September 29, 1%1, and A -24831 3unc 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid: I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation. printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
February 27, 2010
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on March 1, 2010 at
Costa Mesa, California.
Signature
if a l
RECEI�/ED
?MO FAR -S M 9'03
OFFICE OF
THE C(T CLERK
CN1
NOW OiNp! KW16 _
NOTICE If NIJ1t1l GIVEN that On Trieadwy,
Mwca 9, 2010, at 740 r., a public hearing
will be conducted n the City Council Chambers
IBuddmQ A) at 3300 Newport Boulevaad, Newport
Beach. The City Council of the City of Newport)
Beach will consider, the following aopliaabon'.
Old Newport Boulevard General Plan Amendment
A request for a General Plan Amendment (GPA)
!n increase the allowable floor area to land area
ratio (FAR) for the protect sale from 0.5 FAR to
1.0 FAR An FAR of 1.0 could result is 25.725
square feet of development. Concurrent wdh is
requested General Plan Amendmenl, the aDDbcant
is proposing the construction of a 25.000 square -
fool medical ofl¢e building. In a addition to the
requested GPA. the following approvals are re-
quested w required in order to implement the
protect as proposed
1. A use permit to allow an elevator and stairwell
enclosure to exceed the 32 fool base height limit
2. A modification permit to allow the proposed
subterranean parking area to encroach 3 feet into
the 5 fact rear yard setback
3. A seven space oil sheet parking credit cam
mensurale wdh the number of on sir"t parking
spaces available along the prolecl frontage
4 A traffic study pursuant to the City's Traffic
PEaamg Oi dmance
A Mitigated Negative Declaration has been pre
pared by the City at Merat Beach m connection
with the application noted above. The Mitigated
Negative Declaration stales Nat, the subject
development will not result an a signdmant etfecl
on the envnonmenl It as the present intention of
the City to accept the Mitigated Negative Declara
too and supporting documents. This is not to be
construed as either approval or dental by the City
of the subject applcation. The City encourages
members of the general public to review and
comment on this documentation. Copies of the
Mitigated Negative Declaration and supporting
documents are available for public review and
inspection at the Planning Department. City of
Newport Beach, 3300 Newport Boulevard, Newport
Beach. California. 92658-8915, (949) 6" 3200.
All interested parties may appear and present
testimony In regard to this application. n you
challenge this protect in court, you may be limited
to raising Only those issues you or someone else
raised at the public hearing (described in this
notice) w in written correspondence delivered to
the City. at, a prior lo, the public hearing. The
agenda, staff report. and documents MAY be
reviewed at the City Clerk's Office (Budding 8),
3300 Newport Boulevard. Newport Beach. Caldor
nia. 92663, or at the Cityy of Newport Beach
website at yr owpreMeeliu.gw on the
Thursday pow to the heating.
For questions regarding details of the project
please contact Jaime Murdln. Associate Planner.
.1(949) 644 3209
w IAWIBO @@MMA20M 047
A Old Newport p rt Boulevard va7
ReM: Service NMport Boulevard $poetic Plan (SP 9),
Retail wit 3280 32, and 3 0 Old
1w hossi 328. 332. and 340 Old Newport Boulevard
Apvity Micheal General Adams
GP2008 N. General Plan Amendment No.
GP2008 GO I. Use Permit No UP2009 005, Study
No TS Permit ss iates 6, and Traffic Study
No.TS2009.0U General GeMnl Mewv General Commercial Office (COG)
L /Cost I. Brown. City Clerk
published Newport Beach/Costa Mesa Daily ao%
February 27. 2010 Sao%