Loading...
HomeMy WebLinkAboutPC2021-027 - APPROVING CONDOMINIUM CONVERSION NO. CC2020-002, TENTATIVE PARCEL MAP NO. NP2020-003, CONDITIONAL USE PERMIT NO. UP2020-185 AND TRAFFIC STUDY NO. TS2021-001, FOR THE CONVERSION OF 70 PERCENT OF AN EXISTING PROFESSIONAL OFFICE COMPLEX TO MEDIRESOLUTION NO. PC2021-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING CONDOMINIUM CONVERSION NO. CC2020-002, TENTATIVE PARCEL MAP NO. NP2020-003, CONDITIONAL USE PERMIT NO. UP2020-185 AND TRAFFIC STUDY NO. TS2021-001, FOR THE CONVERSION OF 70 PERCENT OF AN EXISTING PROFESSIONAL OFFICE COMPLEX TO MEDICAL OFFICE CONDOMINIUMS AND A WAIVER FOR THE PROPERTY LOCATED AT 1400 AND 1420 NORTH BRISTOL STREET (PA2020-052) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by BSP Bristol, LLC, (“Applicant”) with respect to property located at 1400 and 1420 North Bristol Street, and legally described as Parcel 2 of Book 54, Page 11 of Resubdivision No. 385 (“Property”). 2. The Applicant proposes to convert 70 percent of an existing professional office complex into medical office use. The remaining 30 percent of floor area will remain as professional office use. The Applicant also proposes a condominium conversion in conjunction with a tentative parcel map to convert both existing two-story office buildings to condominiums, creating between 22 to 30 ownership units (“Project”). The Project requires the following approvals: • Condominium Conversion No. CC2020-002 authorizing the conversion of 70 percent of existing professional office units into medical office condominiums (“Condominium Conversion”); • Tentative Parcel Map No. NP2020-003 authorizing the subdivision of five or more condominiums as defined in Section 783 of the California Civil Code (“Tentative Parcel Map”); • Conditional Use Permit No. UP2020-185 authorizing the reduction of required off-street parking (“Conditional Use Permit”); • Traffic Study No. TS2021-001 ensuring compliance with the Traffic Phasing Ordinance of Newport Beach Municipal Code Chapter 15.40 (“Traffic Study”); • Included is a request to waive the Title 19 (Subdivisions) requirement that each unit within the building maintain separate water meter and water meter connection. Planning Commission Resolution No. PC2021-027 Page 2 of 19 3. The Property is designated CO-G (General Commercial Office) by the City of Newport Beach General Plan (“General Plan”) Land Use Element and located within the PC11 (Newport Place Planned Community Zoning District). 4. The Property is not located within the coastal zone. 5. A public hearing was held by the Planning Commission on June 3, 2021, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”), Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. The Planning Commission voted to continue the Project to a future hearing. 6. A public hearing was held by the Planning Commission on September 9, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 19.12 (Tentative Map Review) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. The Planning Commission voted to continue the Project to a future hearing. 7. A public hearing was held by the Planning Commission on October 7, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 19.12 (Tentative Map Review) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) of the California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), because it has no potential to have a significant effect on the environment. 2. Class 1 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. This includes but is not limited to the subdivision of existing commercial buildings where no physical changes occur which are otherwise not exempt. 3. The Project will convert a portion of an existing office building to nonresidential medical condominiums. No physical changes are proposed for the project beyond a parking lot reconfiguration, installation of screened parking lifts, and minor interior alterations to the existing building that is otherwise exempt from CEQA. The parking and traffic studies show there will be adequate parking and there will be no impacts to area intersections. Planning Commission Resolution No. PC2021-027 Page 3 of 19 4. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Condominium Conversion In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The number of off-street parking spaces that were required at the time of original construction shall be provided on the same property to be converted to condominium purposes, and the design and location of such parking shall be in conformance with the provisions of Chapter 20.40 (Off-Street Parking). Facts in Support of Finding: 1. The Property consists of two commercial office buildings which total 37,515 square feet, as well as an existing 154 space on-site parking lot. At the time of the original construction in 1978, the office plaza was required to provide 167 parking spaces (37,515 sq. ft. / 225 = 167). Subsequent to the construction of the office buildings, the parking lot has been reduced to 154 spaces. 2. The original number of required parking spaces cannot be provided because the originally approved parking lot design contained drive aisles and parking stall widths that are non-compliant and considered inappropriate for efficient vehicular circulation by current standards. As a result, the Applicant is proposing to bring the parking lot into compliance by increasing drive aisle and parking stall widths, which results in the loss of 4 surface parking spaces. This results in a parking supply of 150 spaces. 3. Facts in Support of Finding V below are hereby incorporated by reference. Finding: B. Each dwelling unit within a building shall have a separate sewer connection to the City sewer. Finding is not applicable as it relates to residential dwelling units. Planning Commission Resolution No. PC2021-027 Page 4 of 19 Finding: C. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line. Facts in Support of Finding: As conditioned, the existing sewer laterals for the buildings shall be retrofitted/fitted with a cleanout to comply with this requirement prior to recordation of the Tentative Parcel Map. Finding: D. Each unit shall maintain a separate water meter and water meter connection. Facts in Support of Finding: 1. Applicant has requested to waive the requirement that each unit within the building maintain a separate water meter and water meter connection. Section 19.64.080 (Modification or Waiver of Conversion Standards) of the NBMC allows the decision- making body to waive the requirement for separate connections if it finds that the waiver will not be materially detrimental to the tenants of the property or surrounding properties, nor to public health or safety. 2. The Applicant estimates the Condominium Conversion will result in approximately 22 to 30 separate ownership units. 3. A waiver eliminates the need to excavate the right-of-way to provide each unit with new utility connections. It also eliminates the need to reconfigure the existing plumbing and utility connections, which would involve significant alterations to the Propety. 4. The City’s Municipal Operations Department has reviewed the request to waive separate water meters, and water meter connections for each condominium unit and will allow the waiver provided the Applicant ensures common water connection use will not be detrimental to the tenants of the Property or surrounding properties. Each building has a dedicated utility line which is maintained by the building association. The Applicant proposes to charge utility costs through owner’s association dues. Any future development, modification or major construction of the Property may result in recission of the waiver and require plans to be submitted to the City regarding water service. 5. As conditioned, the Applicant shall form an owner’s association responsible for the payment of water fees to ensure common water connection use will not be detrimental to the residents or tenants of the Property or surrounding properties. 6. Waiving the requirement for separate water connections will not be materially detrimental to the tenants, nor to public health or safety because the building has demonstrated that existing connections can adequately accommodate those utilizing the Property. Planning Commission Resolution No. PC2021-027 Page 5 of 19 Finding: E. The electrical service connection shall comply with the requirements of Chapter 15.32 of the NBMC. Facts in Support of Finding: The electrical service connection for the existing office building complies with Chapter 15.32 (Underground Utilities) of the NBMC because all electrical service to the Property is installed underground. Finding: F. The applicant for a condominium conversion shall request a special inspection from the Building Division for the purpose of identifying any building safety violations. The applicant shall correct all identified safety violations prior to approval of a final map for the condominium conversion. Facts in Support of Finding: 1. The Building Division completed a special visual inspection on April 28, 2021. 2. The inspection identified minor building and safety code issues associated with existing handrails and guardrails. Additionally, minor upgrades for restroom accessibility may be required during the building plan-check process. 3. As conditioned, the Applicant shall correct all identified safety deficiencies prior to recordation of the final map. Finding: G. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor or civil engineer unless otherwise required by the City Engineer. Facts in Support of Finding: As conditioned, the Project will comply with this requirement prior to recordation of the final map. Finding: H. For residential conversions, the project shall be consistent with the adopted goals and policies of the General Plan, particularly with regards to the balance and dispersion of housing types within the City. Planning Commission Resolution No. PC2021-027 Page 6 of 19 Facts in Support of Finding: The Project is not a residential conversion; therefore, this finding is inapplicable. Finding: I. The establishment, maintenance or operation of the use or building applied for shall not, under circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of person residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Facts in Support of Finding: 1. The application of project conditions will ensure the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood and the City. 2. The proposed conversion of existing office buildings to medical office condominiums occurs on a property within PC11, which allows for medical office uses. 3. Correction of Building and Safety code issues identified during the special inspection will be corrected ensuring the building does not create a detriment to persons working at or around the Property. 4. Accessibility upgrades in compliance with the Americans with Disabilities Act will be required to ensure the use of the building and Property are not detrimental to persons working or residing in the neighborhood. Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19 (Subdivisions) of the NBMC, the following findings and facts in support of such findings are set forth. Finding: J. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The Tentative Parcel Map is for nonresidential condominium purposes. The proposed subdivision of a portion of an existing commercial office building is consistent with provisions of the Subdivision Map Act and the CO-G (General Commercial Office) General Plan Land Use Element designation, which provides for administrative, professional, and medical offices. Planning Commission Resolution No. PC2021-027 Page 7 of 19 2. The Property is not part of a specific plan area, therefore no findings of consistency with a specific plan is necessary. Finding: K. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The Property is developed with two two-story buildings consisting of office uses. Several other buildings consisting of office uses exist nearby. 2. The lot is physically suitable for the proposed medical office density and development with the approval of the Conditional Use Permit to allow for a reduction in parking based upon the parking management plan. The Property is relatively flat and has demonstrated since original construction that it is able to adequately accommodate commercial office uses. 3. The Property is accessible from North Bristol Street and Spruce Street and is adequately served by existing utilities. Finding: L. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The Property was previously developed and is located in an urbanized area that does not contain any sensitive vegetation or habitat. 2. The Project is categorically exempt under Section 15301 (Article 19 of Chapter 3), of the CEQA Guidelines – Class 1 (Existing Facilities). Finding: M. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Planning Commission Resolution No. PC2021-027 Page 8 of 19 Facts in Support of Finding: 1. The Tentative Parcel Map is for nonresidential condominium purposes. With the exception of minor upgrades to address building safety and accessibility and the retrofitting/fitting of sewer cleanouts, no other improvements to the building or public utilities are proposed. The correction of identified safety violations associated with the special building inspection will not create any serious public health concerns. 2. Any future improvements proposed will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Any public improvements required of the developer per Section 19.28.010 (General Improvement Requirements) of the NBMC and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act shall comply with all ordinances of the City and all Conditions of Approval. Finding: N. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: The Tentative Parcel Map for the subdivision of the existing office building will not conflict with a four-foot City sidewalk and utilities easement located at the southerly side of the Property or any other public easements that exist nearby. Finding: O. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The Property is not subject to the Williamson Act because the Property is not designated as an agricultural preserve. Planning Commission Resolution No. PC2021-027 Page 9 of 19 2. The site, developed for office use, lies in a zone that permits office uses. Finding: P. That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: 1. The Property is not a “land project” as defined in Section 11000.5 of the California Business and Professions Code. 2. The Property is not part of a specific plan area, therefore no findings of consistency with a specific plan is necessary. Finding: Q. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: Any future improvements are subject to Title 24 of the California Code of Regulations, Parts 8 and 10 (“California Building Code”) that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: R. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. Facts in Support of Finding: The Property lies within an office site within the Newport Place Planned Community that currently prohibits residential uses. The City’s existing Housing Element does not identify the Property as a housing opportunity site, therefore, the approval of the proposed tentative parcel map for non-residential condominium purposes will not hinder the City’s ability to provide adequate sites to meet its share of the regional housing need. Planning Commission Resolution No. PC2021-027 Page 10 of 19 Finding: S. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: As conditioned, wastewater discharge into the existing sewer system shall comply with the Regional Water Quality Control Board (“RWQCB”) requirements. Finding: T. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: The Project is not located within the Coastal Zone. Conditional Use Permit In accordance with Section 20.52.020(F) (Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: U. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the subject property as General Commercial Office (CO-G), which is intended to provide administrative, professional, and medical offices with limited accessory retail and service uses. The Project is consistent with this designation as it is for the conversion of professional offices into medical office condominiums. 2. Land Use Element Policy 2.4 (Economic Development) encourages the accommodation of uses that maintain or enhance the City’s fiscal health, accounting for market demands while maintaining and improving the quality of life for residents. Due to the ongoing COVID-19 pandemic, the market demands for commercial office space has been altered for the foreseeable future. The conversion of a portion of the units to a medical office plaza provides a sustainable use which would serve residents medical needs and enhance the overall fiscal health of the Property. Planning Commission Resolution No. PC2021-027 Page 11 of 19 3. General Plan Circulation Element Goal CE 7.1’s stated policy goal is to provide “An adequate supply of convenient parking throughout the City.” Policy CE 7.1.1 stated policy goal is to “Require that new development provide adequate, convenient parking for residents, guests, business patrons, and visitors.” The existing parking lot does not comply with current regulations for drive aisle and parking stall widths. The Applicant proposes to make improvements for the parking lot to comply with current regulations and provide convenient and safe circulation for visitors. As discussed in Finding A and V below, the proposed parking reduction is consistent with Policy CE7.1.1 because adequate parking will be provided based upon the proposed uses. 4. The Property is not part of a Specific Plan area and is not located within the Coastal Zone. Finding: V. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is located within Industrial Site 3A of PC-11 (Newport Place Planned Community), which is intended to provide for areas appropriate various industrial uses such as manufacturing, research assembly, and testing and repair of components and devices. Administrative, professional, and business offices are also permitted uses. On June 14, 2013, a determination was made by City Staff that permitted uses for properties located within Industrial Site 3A of PC11 shall also include all Group 1 uses (Professional and Business Offices) listed under PART II Commercial of PC11. Under this determination, medical offices are a permitted use for the Property. 2. With the proposed conversion of a portion of the commercial offices to medical office condominiums, the Applicant seeks improved parking lot circulation by bringing drive aisle and parking stall widths into compliance with current design regulations. With the proposed modifications, a total of 150 spaces in the parking lot are proposed. 3. Required parking for office uses within PC11 is one space for each 225 square feet of floor area. PC11 states that the parking requirement may be lowered to one space for each 250 square feet of floor area upon review and approval of the modification committee. Since the City no longer maintains a modification committee, the Planning Commission is the appropriate review body for the parking rate modification. PC11 was adopted by the City on December 21, 1970 and contains an office parking rate that is inconsistent with the current Zoning Code, which requires one space per 250 square feet for General Office/Business uses. The modification of the parking standard at the Property matches the Zoning Code requirements for the majority of the City. 4. The Applicant seeks a reduction of required parking. PC11 requires 132 parking spaces for 70 percent medical office (26,260 sq. ft. / 200 = 188), and 45 spaces are required by the modified parking rate for 30 percent professional office (11,255 sq. ft. / 250 = 45), Planning Commission Resolution No. PC2021-027 Page 12 of 19 totaling 177 spaces. There are 150 spaces provided, resulting in a code-required deficit of 27 spaces (177 - 150 = 27). A parking study from August 12, 2021 has been provided by RK Engineering, Inc. (the “Parking Study”). The Parking Study determines the overall parking demand of the proposed medical office condominiums by providing weekday parking surveys taken from five comparable medical office buildings within Orange County, prior to the COVID-19 pandemic. The analysis of the data determined that the peak projected parking demand for 70 percent medical office is 102 spaces, resulting in an overall blended peak demand when factoring in the remaining 30 percent of professional office area of a total of 147 spaces (Table 1). This results in a 98 percent parking lot utilization during peak hours. The parking study concludes that the modified parking lot, with a reduction in the number of spaces, is sufficient to accommodate peak parking demand for the proposed medical office conversion. 5. As conditioned, high-trip generating medical office uses, such as urgent care facilities, are not permitted within the proposed medical office plaza. Finding: W. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The Property consists of two, two-story medical office buildings totaling 37,515 square feet. The Property abuts North Bristol Street to the south and is surrounded by other office uses to the east, north, and west. Additionally, a vehicle storage facility is located to the east, on the corner of Spruce Street and Quail Street. The conversion of the existing professional office to medical office condominiums is compatible with the land uses permitted within the surrounding development. 2. The Applicant has submitted plans for a separate permit for the exterior remodel of the existing office buildings. The Applicant is proposing to modernize the existing building façade, courtyard, signage, landscaping, and other miscellaneous exterior improvements. Finding: X. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The Property is 2.38 acres in area (105,503 square feet), generally rectangular in shape, and located in a commercial area abutting North Bristol Street. The Project is to convert a portion of an existing commercial office into medical office condominiums. No additional floor area is proposed as a part of this Project. Planning Commission Resolution No. PC2021-027 Page 13 of 19 2. The Project currently consists of two vehicular driveway entrances into the office plaza, one on Spruce Street and one (1) on North Bristol Street. As a part of the parking lot modification, the Applicant is seeking to increase drive aisle and parking stall width to comply with current regulations. The new parking lot layout has been reviewed and approved by the Public Works Department. 3. Facts in support of Findings A(3) are hereby incorporated by reference. 4. The Public Works Department, Building Division, and Fire Department have reviewed the application. The Project is required to obtain all applicable permits from City Departments and must comply with the most recent, City-adopted version of the California Building Code. Finding: Y. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The conversion of a portion of the existing commercial offices to medical office condominiums would be compatible with other commercial uses in the vicinity and is not detrimental to the abutting office uses. 2. The Project is consistent with the planned land use for the site. The Property is suitable for the type and intensity of development proposed because the infrastructure serving the Property and surrounding area has been designed and developed to accommodate additional commercial development use of the Property. Therefore, the conversion to medical office condominiums is not detrimental. 3. Based on the Project description, the Project is anticipated to generate approximately 1,306 average daily trips; therefore, a traffic impact analysis study has been completed. No significant impacts related to traffic have been identified. 4. Compliance with the conditions of approval are required and will further ensure that the proposed use will not be detrimental. 5. Facts in support of Finding B(4) are hereby incorporated by reference. Traffic Study In accordance with Section 15.40.030(A) (Traffic Phasing Ordinance) of the NBMC, the following findings and facts in support of such findings are set forth: Planning Commission Resolution No. PC2021-027 Page 14 of 19 Finding: Z. That a traffic study for the project has been prepared in compliance with this NBMC Chapter 15.40 and Appendix A. Facts in Support of Finding: 1. The Traffic Study, titled “1400 Bristol Street Medical Offices” dated April 6, 2021, was prepared by Ganddini Group, Inc. under the supervision of the City Traffic Engineer for the Project in compliance with Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC and Appendix A. 2. Based on the proposed project description, the proposed project is anticipated to generate approximately 1,024 average daily trips; therefore, a Traffic Phasing Ordinance study has been completed. No significant impacts related to traffic have been identified, as no study intersection is forecasted to operate deficiently, and on-site circulation is adequate as proposed. Finding: AA. That, based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection 15.40.030 (B) can be made: Construction of the project will be completed within 60 months of project approval; NBMC Section 15.40.030(B)(1) or The project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted intersection. NBMC Section 15.40.030(B)(1)(a). Facts in Support of Finding: 1. The Project is anticipated to be completed in 2021. If the Project is not completed within 60 months of this approval, preparation of a new traffic study will be required. 2. The Traffic Study included thirteen (13) study intersections that were analyzed for potential impacts based on the City’s Intersection Capacity Utilization (“ICU”) methodology. Utilizing this methodology, the Traffic Impact Analysis determined that the thirteen (13) primary intersections identified will continue to operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance. Finding: BB. 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. Planning Commission Resolution No. PC2021-027 Page 16 of 19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Use Permit No. UP2020-185, Condominium Conversion No. CC2020-002, and Tentative Parcel Map No. NP2020-003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code (“NBMC”), unless an extension is otherwise granted. 5. Prior to recordation of the Parcel Map, an inspection of the Property shall be conducted verifying that all safety violations identified on April 28, 2021, and applicable Building Division conditions of approval are addressed. 6. The Condominium Conversion and Tentative Parcel Map shall expire if the Map has not been recorded within 24 months of the date of approval, unless an extension is granted by the Community Development Director in accordance with the provisions of Section 19.16 (Tentative Map Expiration and Extension) of the NBMC. 7. This Use Permit, Condominium Conversion, and Tentative Parcel Map may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the Property is operated or maintained so as to constitute a public nuisance. 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 the processing of a new use permit. 9. A copy of the resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. Planning Commission Resolution No. PC2021-027 Page 17 of 19 10. High trip-generating medical uses, such as urgent care facilities, are not permitted within the medical office plaza. 11. A maximum of 70 percent of the existing floor area (26,260 square feet out of 37,515 total square feet) shall be converted to medical office uses. The remaining 30 percent of the existing overall floor area shall not be occupied by medical office uses. 12. A parking utilization study shall be prepared no earlier than 6-months after certificate of occupancies have been obtained for 70 percent of the existing floor area. The parking study shall include parking counts on multiple days and times to verify the parking utilization of existing tenants and uses. Subsequent to the completion of the parking utilization study, the results shall be reported to the Planning Commission. 13. Prior to the recordation of the parcel map, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. The landscape plan shall include plantings that are maintained to further screen the parking lot and to deter people from parking in abutting off-site parking lots. 14. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 15. Prior to the recordation of the parcel map, the applicant shall construct a fence abutting adjacent properties that acts as a visual screen and precludes pedestrian access between properties, to the satisfaction of the Community Development Director. 16. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 17. Prior to issuance of a building permit for each condominium, the Applicant shall pay a fair share fee for the conversion of professional office to medical office. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Planning Commission Resolution No. PC2021-027 Page 18 of 19 Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. 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. 20. Construction activities shall comply with Section 10.28.040 of the NBMC, 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 Saturdays, Sundays or Holidays. 21. 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 BSP Bristol, LLC Medical Offices including, but not limited to, UP2020-185, CC2020-002, and NP2020-003 (PA2020-052). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 22. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 23. New parking layout shall provide required accessible parking stalls and paths of travel. 24. A gurney-sized elevator shall be required for accessibility to medical offices on the second floors of both buildings. Planning Commission Resolution No. PC2021-027 Page 19 of 19 Public Works Department 25. A parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 26. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one-inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of Project. 27. All improvements shall be constructed as required by Ordinance and the Public Works Department. 28. An encroachment permit is required for all work activities within the public right-of-way. 29. Reconstruct all damaged/broken sidewalk, curb and gutters per City Standards along the Spruce Street and Bristol Street North project frontages. 30. Install new accessible compliant driveway approaches per City Standard along the Spruce Street and Bristol Street North Project frontages. 31. Reconstruct all damaged/broken curb drains per City Standard STD-184-L along the Spruce Street and Bristol Street North Project frontages. 32. Install a new sewer cleanout per City Standard STD-406-L on the existing sewer lateral that serves the Property. 33. The existing fire single check detector shall be upgraded per City Standard STD-517-L and located above ground.