HomeMy WebLinkAboutPC2023-045 - RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT, CONDITIONAL USE PERMIT TO ADJUST THE OFF-STREET PARKING REQUIREMENT, AND ADOPTION OF A DEVELOPMENT AGREEMENT TO ALLOW A MEDICAL OFFRESOLUTION NO. PC2023-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT, CONDITIONAL USE PERMIT TO ADJUST THE OFF-STREET PARKING REQUIREMENT, AND ADOPTION OF A
DEVELOPMENT AGREEMENT TO ALLOW A MEDICAL OFFICE AT 20 CORPORATE PLAZA (PA2022-0158) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Baldwin & Sons (Applicant), with respect to property located at 20 Corporate Plaza and legally described in Exhibit “A,” which is attached hereto and
incorporated herein by reference (Property).
2. The Property is currently developed with a single-story, 8,411-square-foot general office building and 29 space subterranean private parking area.
3. The Applicant proposes to convert private parking spaces into a 5,081-square-foot medical
office. A total of twelve parking spaces will be lost reconfiguring the Property to accommodate the new office and a wider driveway access ramp (Project). The following approvals are requested or required from the City of Newport Beach (City) to implement the Project as proposed:
• General Plan Amendment (GPA) – To amend Anomaly Number 34 of Table LU2 in the General Plan Land Use Element to increase the maximum development limit by 2,711 square feet for a maximum development limit of 471,591 square feet.
• Planned Community Development Plan Amendment (PC Amendment) – To amend the Corporate Plaza Planned Community (PC-17) Development Plan to allow a maximum gross building floor area of 471,591 square feet and to add “medical office”
as an allowed use for Building Site 20.
• Conditional Use Permit (CUP) - To allow an adjustment to the required off-street parking by waiving the four (4) additional spaces required for the new medical office.
• Development Agreement (DA) – The consideration of development agreement
providing development rights in exchange for public benefits in accordance with
Chapter 15.45 (Development Agreements) of the Newport Beach Municipal Code
(NBMC).
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4. The Property is categorized as Regional Commercial Office (CO-R) by the Land Use
Element of the General Plan and is located within the Corporate Plaza Planned Community (PC-17) Zoning District. 5. The Property is not located within the coastal zone.
6. A public hearing was held on December 21, 2023, in the Council Chambers located 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 15.45 (Development Agreements), Chapter 20.56 (Planned
Community District Procedures), and 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is exempt from the California Environmental Quality Act (CEQA) under Section 15303, Class 3 (New Construction or Conversions of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment.
2. The Class 3 exemption includes the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The exemption also includes additions of up to 10,000 square feet to an office within an urbanized area on sites zoned for such use if not using a significant amount of
hazardous substances, all necessary public services are available, and the surrounding
area is not environmentally sensitive. The Project involves the conversion of subterranean parking, in an urbanized area, resulting in an addition of 5,081 square feet of office floor space, which is consistent with the Class 3 exemption.
3. 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. General Plan Amendment and Planned Community Development Plan Amendment
Amendments to the Newport Beach General Plan Land Use Element and the Corporate Plaza
Planned Community (PC-17) Development Plan are legislative acts. Neither Title 20 nor the
PC-17 Development Plan, nor the California Government Code Section 65000 et seq., set forth
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any required findings for either approval or denial of such amendments. Notwithstanding the
foregoing, the following facts support approval of the amendments:
1. The Project includes a GPA to amend the development limit for Anomaly Number 34. The development limit for the anomaly will be increased to a maximum of 471,591 square feet. The GPA does not include a change in land use category and would remain as
Regional Commercial Office (CO-R).
2. The increase in development limit to accommodate the new medical office is anticipated to generate 174 new average daily trips based upon ITE Trip Generation Rates (7th edition). This is below the 300 average daily trip threshold requiring a traffic study, as
provided in Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC.
3. The GPA for the Project is in furtherance of the General Plan’s Goals and, specifically, the following Policies:
a. Land Use Element Policy LU1.1 (Unique Environment). Maintain and enhance
the beneficial and unique character of the different neighborhoods, business districts,
and harbor that together identify Newport Beach. Locate and design development to
reflect Newport Beach’s topography, architectural diversity, and view sheds.
b. Land Use Element Policy LU6.14.4 (Development Scale). Reinforce the original
design concept for Newport Center by concentrating the greatest building mass and
height in the northeasterly section along San Joaquin Hills Road, where the natural
topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast
Highway.
The Project will add a new medical office to an area of the City that is already developed with professional offices. The additional floor is located entirely underground resulting in no visible change to the character of PC-17 or to the greater
Newport Center area.
c. Land Use Element Policy LU1.4 (Growth Management) Implement a conservative
growth strategy that enhances the quality of life of residents and balances the needs of all constituencies with the preservation of open space and natural resources.
d. Land Use Element Policy LU3.3 (Opportunities for Change). Provide
opportunities for improved development and enhanced environments for residents
in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7: Fashion Island/Newport Center: expanded retail uses and hotel rooms and
development of residential in proximity to jobs and services, while limiting increases
in office development.
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e. Land Use Element Policy LU4.1 (Land Use Diagram). Accommodate land use
development consistent with the Land Use Plan.
f. Land Use Element Policy LU6.14.2 (Newport Center). Provide the opportunity for limited residential, hotel, and office development in accordance with the limits
specified by Tables LU1 and LU2.
While the Project would add 2,711 square feet in intensity, the actual medical office will be approximately 5,081 square feet. There is currently 2,370 square feet of unbuilt intensity within Anomaly Number 34. It is unlikely that the unbuilt intensity
would be used to develop new retail or hotels, as suggested in Land Use Element
Policy LU3.3, as Anomaly Number 34 is specific to PC-17 where only office uses are allowed. The increase helps provide a viable development opportunity to use the unbuilt intensity. The Applicant has stated that reducing the size of the office would render the Project infeasible.
g. Land Use Element Policy LU1.5 (Economic Health) Encourage a local economy
that provides adequate commercial, office, industrial, and marine-oriented
opportunities that provide employment and revenue to support high-quality community services.
h. Land Use Element Policy LU2.2 (Sustainable and Complete Community).
Emphasize the development of uses that enable Newport Beach to continue as a
self-sustaining community and minimize the need for residents to travel outside of the community for retail, goods and services, and employment.
i. Land Use Element Policy LU2.4 (Economic Development). Accommodate uses
that maintain or enhance Newport Beach’s fiscal health and account for market
demands, while maintaining and improving the quality of life for current and future residents.
While other types of professional offices have incurred higher vacancy rates in a post COVID-19 environment, medical offices remain an in-demand use. The Project diversifies the allowed uses within Building Site 20 which is in line with market demands. Additionally, the Project provides for an additional service use, increasing
the likelihood residents can remain within the community when accessing medical
procedures.
4. The PC-17 Development Plan was originally adopted in 1992 and has since been amended five times. PC-17 encompasses approximately 48 acres of developed
commercial area and provides a method whereby properties may be classified and
developed for commercial activity, professional, business, and medical offices. The most recent amendment in 2015 included transferring 15,468 square feet of office intensity out of PC-17 and into the North Newport Center (PC-56) Planned Community.
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5. PC-17 sets a maximum development limit not to exceed 468,880 gross square feet.
While PC-17 allows for adjustments to square footage for individual building sites to be reviewed by the Community Development Director, this provision only applies if the overall development limit is not exceeded. In this case, the Project increases the total square footage for 20 Corporate Plaza, referred to within the PC-17 development plan
as Building Site 20, and the total development within PC-17 above the specified limit of
468,800 square feet. PC-17 must be amended to account for the increase. 6. Additionally, while PC-17 allows for medical offices, they are restricted to specific building sites. Currently 20 Corporate Plaza is not listed as a building site where medical
uses are allowed. PC-17 must be amended to allow a maximum of 5,081 gross square
feet of medical office within Building Site 20. 7. The Project is a minor increase to the development limit and the expansion of an already permitted use to an additional building site. The Project is generally consistent with the
purpose and intent of PC-17 and would not change the operational character of PC-17.
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Charter Section 423
Pursuant to City Charter Section 423 and City Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the
prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The
GPA is in Statistical Area L-1. Three amendments were approved less than 10 years ago and continue to be tracked consistent with the provisions of Charter Section 423. Those are General Plan Amendments filed as PA2018-185, PA2020-020, and PA2021-260. The following table shows the increases attributable to the subject amendment, prior amendments, and the
resulting totals thereby demonstrating that no vote would be required.
Charter Section 423, Measure S Analysis for Statistical Area L-1.
Amendments Increased
Density
Increased
Intensity
Peak Hour Trip Increase
a.m. p.m.
PA2018-185 (Vivante Senior
Housing)
90 0 26 52
PA2020-020 (Residences at
Newport Center)
28 0 3 2
PA2021-260 (Newport Beach
Tennis and Pickleball Club)
0 14,000 27 52
Total Prior Increases 118 14,000 56 106
80% of Prior Increases 94 11,200 45 85
100% of Proposed
PA2022-0158
0 2,711 8 11
Total 94 13,911 53 96
Threshold 100 40,000 100 100
Remaining 6 26,089 47 4
Vote Required? No No No No
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Conditional Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) and Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC, the following findings and facts in support of the findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Project site is categorized as Regional Commercial Office (CO-R) by the Land Use Element of the General Plan. The CO-R designation is intended to provide for administrative and professional offices that serve local and regional markets, with limited accessory retail,
financial, service, and entertainment uses. A medical office is one variety of professional
office and allowed by right. 2. While the Project requires a GPA to implement as the proposed floor area exceeds the development limit of Anomaly No. 34, the Project is consistent with the General Plan as
proposed to be amended.
3. Additionally, the Project is consistent with multiple General Plan policies. The Facts in support of Findings 1 through 3 are incorporated by reference.
Finding:
B. 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 zoned PC-17 (Corporate Plaza). While PC-17 does not currently allow medical offices in Building Site 20, the Project would amend the allowed uses of PC-17 to include medical office at Building Site 20. The CUP is only required because the
Applicant requests to waive a portion of the required off-street parking.
2. The Project is consistent with the development standards of PC-17, including the maximum gross building floor area and the total amount of area that can be used as medical office, as proposed to be amended.
3. Facts 1 through 4 in support of Finding F below are incorporated by reference.
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Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Fact in Support of Finding:
The Project will add a new medical office to an area of the City that is already developed with professional offices. The addition of a medical office to Building Site 20 will not change the operational characteristics of PC-17 as medical office is already an allowed use within other
Building Sites in PC-17. Additionally, the office is small in scale compared to the surrounding
development and its operation is not likely to be noticed by the surrounding tenants and visitors to the greater PC-17 development. Finding:
D. 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. Adequate parking exists to support the proposed medical office use, as discussed in the Facts 1 through 4 in Support of Finding F below.
2. The Project was reviewed by Fire and Life Safety Services and no concerns were raised
regarding emergency access to the Property. 3. The existing development is within an urban area and is adequately served by existing public services and utilities.
4. The design of future tenant improvements will comply with all Building, Public Works, and Fire and Life Safety requirements. Plans for future tenant improvements will be reviewed prior to the issuance of a building permit.
Finding:
E. 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.
Fact in Support of Finding: Fact in Support of Finding C is hereby incorporated by reference.
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Finding:
F. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking
available, greater than normal walk-in trade, mixed-use development).
Facts in Support of Finding: 1. Based on the PC-17 parking requirement of one space per 250 square feet of net floor
area, the Project is required to provide 20 on-site parking spaces. As the conversion of
the private subterranean parking lot into a medical office will leave only 16 spaces, the Project is deficient four parking spaces. 2. A parking study dated October 13, 2023, was prepared by RK Engineering Group, Inc.
(study). To estimate the existing parking demand PC-17, RK Engineering Group, Inc.
conducted two consecutive weekday surveys. The study then estimates the peak parking demand for PC-17 by adding the 20 required parking spaces for the Project and the required parking for any currently vacant suites. The study estimates approximately 47 required parking spaces for the current vacancies within PC-17.
3. The projected demand for a typical weekday condition results in a peak parking demand occurring at 11:00 a.m. with a total of 1,113 parking spaces occupied and a surplus of 418 available parking spaces.
4. The study was reviewed and accepted by the City’s Traffic Engineer and demonstrates
that PC-17 has an adequate number of parking spaces to accommodate the Project. Finding:
G. A parking management plan shall be prepared in compliance with subsection (C) of this
section (Parking Management Plan).
Fact in Support of Finding:
As indicated in Facts 2, 3, and 4 in Finding F the study concludes that there is ample parking
within PC-17. Specifically, the parking pool for PC-17 is divided into six parking zones. The Project is located within Zone 4. Zone 4 is currently improved with 356 spaces. The observational survey performed by RK Engineering Group, Inc. counted a maximum of 272 occupied spaces within Zone 4. Accounting for the Project, there is still a surplus of parking
within Zone 4, the zone most likely to be used for any potential spillover due to its proximity to
the Project. Given the adequate parking, no parking management plan is required.
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Development Agreement
In accordance with Section 15.45.020(A)(2)(c) (Buildings and Construction, Development Agreements, Development Agreement Required) of the NBMC, the DA is required as the Project includes new non-residential development in Statistical Area L-1.
Finding:
H. The Applicant requests a five-year term of agreement, pursuant to Section 15.45.070 (Buildings and Construction, Development Agreement, Amendment/Cancellation) of the
NBMC. The DA satisfies the requirements of Chapter 15.45 (Buildings and Construction,
Development Agreements) of the NBMC. Facts in Support of Finding:
1. The DA specifies the term of Agreement for a period of five years and describes both
the permitted uses and maximum intensity consistent with the Project. Additionally, the DA includes all mandatory elements, including public benefits that are appropriate to support conveying the vested development rights consistent with the City’s General Plan, NBMC, and Government Code Sections 65864 et seq.
2. Public benefits include the payment of $14 per square foot of construction granted by the GPA for a total of $37,954. SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines 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.
3. The Planning Commission of the City of Newport Beach hereby recommends the City
Council’s approval of Planning Application No. PA2022-0158, which includes a General
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Plan Amendment as set forth in Exhibit “B,” Planned Community Development Plan
Amendment as set forth in Exhibit “C,” Conditional Use Permit subject to the Conditions of
Approval as set forth in Exhibit “D,” and a Development Agreement as set forth in Exhibit
“E,” all of which are attached hereto and incorporated by reference.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF DECEMBER, 2023.
AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None
ABSTAIN: None
ABSENT: Barto
BY:_________________________ Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary ATTACHMENT(S): Exhibit A – Legal Description
Exhibit B – General Plan Amendment
Exhibit C – Planned Community Development Plan Amendment Exhibit D – Conditions of Approval Exhibit E – Development Agreement
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EXIH l1B11i A
l lE,G,Al, DESCRIPTtON
THE LAND REF'EIRRIED TO HEREIN BELOW IS SITUATED IN THE CITY OF !NEWPORT BEACIH IN THE
COUNTY OF ORANGE, STATE O:F CA IFORN IA, ANO S IDESCRIIBED AS !FOLLOWS:
PARCEL A:.
PARCEL 3, IN THE CITY O'F NE\N'PORT B1EACIH, COUNTY OF ORANC,IE, STATIE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 1021 PAGE ~ OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECOR.DER OF SAm OOUINTY.
EXCEPTING THEREFROM ALL OIL, OIL RIIGHTS, Ml IERALS , MINERAL RIGHTS, NATURAL GAS, NATURAL
GAS RIGHTS A!ND OTHER HYDROCARBONS IBY VV'l-lATSOEVER NA!ME KNOWN, G'EOT1HEIRMAl STEAM
A!NY OTHER MATERIAL RESOURCES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING,
THAT MAY BIE WliTHIN OR UNDER THE LAND TOGETI-IIER IMTH THE PiERPIETUAl R GHT OF DRIil ING,
MIINING, !EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING llHE SAMIE
FROM SAID LAND OR ANY OTHIEIR LAND, INCLUrnNG THE RIGHT TO WHIPSTOCIK OR DIRECTIONA!LL Y
DRIILL AND MINE FROM LANDS OTHER THAN THOSIE CONVEYED IHEIREBY, OIL OR GAS WELLS,
TUNNELS A D SHAFTS INTO, Tl-illROUGH ·OR ACROSS THE SUBSURFACE OF THIE LAND AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONA!LL Y DRILLED WELLS, TUNNELS AN D SHAFTS UNDER
A!ND BENEATH OR BEYOND THE EXTERIIOR ILIMITS TIHEIREOF, AN D TO REl::lRIIJL, IRE.TUNNEL, EQUIP,
MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SIJCH WEILlS OR MINES; WITHOUT, HOWEVER, THE
RIC,IHT TO DRILL, MINIE, STORE, EXPLORE AND OPERATE THROUGH TIHE SURFACE OR TIHE UPPER 500
FEIET OF THIE SUBSURFACE OF THE LAND, AS RIESERVED IIN A DEED RECORDED MARCH 02, 1993 AS
INSTR UMENT NO. 93-1 43034 OF OFFICIAL RECORDS.
ALSO EXCEPTING A!NY AND All WATEIR, IRIGHTS OR INTERIESTS THEIRE.IN, NO MATTIER HOW
AOQUIIRED IBY GRA!NTOR OWNED OR USED BY GRANTOR IN CONNECTION WlTH OR WITH RESPECT TO
THE LAND, TOGETHER WlTH THIE RIGHT AND POWER TO EXPLORE, DRILL, RIEDRIILl, REMOVE A!ND
STORE. THE SAM E FROM THE LAN D OR TO DIVERT OR OTHER"\f!ASE UTILIZE SUCH WATE.R, RIGHTS OR
INT1ERESTS ON ANY OTHER PROPERTY OWNIED OR LEASED BY GRANTOR, WHETHER SUCH WATER
RIGHTS SHA!LL BE RIPARIAN, OVERl YING, APPROPRIIATIIVIE, LITTORAL, PERCOLATING, IPIRESGRIPTIVE,
A!DJIUDICATE.D, STATUTORY OR CONTRACTUAL, BIJT Wml-tOUT HOWEVER, ANY RIGHT TO ENTER
UPON THE SURFACE OF THE LAND IN THE EXERCIISIE OF' SUCH RIGHTS, IN A l::lEED RECORDED MARCH
02, 1993 AS INS'T1RUMENT NO_ 93-01 43034 OF OFFICIAL RECORDS.
PARCEL B:
NON-EXCILUSIVE EASEMENTS AS SE.T FORT IN THAT CERTAIN INSTRUMENT ENTITLED
''DECILARATION OF COVIENA!NTS, CONDmONS, RESTRICTIONS A!ND !EASEMENTS" RECORDED
NOVEMBER 18, 199'1 AS INSTRUMENT NO_ 9·1-627002 OF OFF ICIA RECORl::lS OFORANG'E OOUINi"Y.
APN: -442-271-24
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EXHIBIT B GENERAL PLAN AMENDMENT TO ANOMALY NO. 34 OF TABLE LU2 OF THE 2006 NEWPORT BEACH GENERAL PLAN LAND USE ELEMENT
Anomaly Number Statistical Area Land Use Designation Development Limit (SF) Development Limit (Other) Additional Information
34 L1 CO-R 471,591
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EXHIBIT C PC-17 PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT The cover page of the Corporate Plaza (PC-17) Development Plan shall be amended to
read as follows:
CORPORATE PLAZA
PLANNED COMMUNITY DISTRICT REGULATIONS
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992 Amendment No. 784 City Council Resolution No. 93-96
December 13, 1993
Amendment No. 825 City Council Resolution No. 95-115 October 9, 1995
Amendment No. 889 City Council Ordinance No. 99-27 November 8, 1999
Amendment No. 2004-002
City Council Ordinance No. 2004-13 June 22, 2004 Amendment No. PD2015-003
City Council Ordinance No. 2015-31
November 10, 2015 City Council Ordinance No. 2024-## January ##, 2024
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Planning Commission Resolution No. PC2023-045 Page 15 of 23
Section I (STATISTICAL ANALYSIS) of the PC-17 Development Plan shall be amended to read as follows: SECTION I. STATISTICAL ANALYSIS
Corporate Plaza
1. Project Area Gross Acreage 47.8
Net Acreage 40.4
2. Percentage of Site Coverage a. Building Footprint 15-20
b. Parking Area 40-45
c. Landscape 40-45 3. Maximum gross building floor area shall not exceed 471,591 square feet.
4. A maximum of 84,928 gross square feet of building floor area may be allocated for
medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17, 20, and 22 only. Of this 84,928 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and
Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental
office uses on the first floor only, and Building Site No. 20 is permitted a maximum of 5,081 gross square feet on the subterranean level only. There are no restrictions on how the remaining 63,447 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site.
5. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Community Development Director.
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Planning Commission Resolution No. PC2023-045 Page 16 of 23
SECTION IV. (BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL), Subsection B (Permitted Uses), of the PC-17 Development Plan shall be amended to read as follows: B. Permitted Uses
The following shall be permitted: 1. Retail sales and service of a convenience nature.
2. A maximum of 84,928 gross square feet of building floor area may be allocated for
medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17, 20, and 22 only. Of this 84,928 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for
medical/dental office uses and Building Site No. 17 is permitted a maximum of
11,200 square feet for medical/dental office uses on the first floor only, and Building Site No. 20 is permitted a maximum of 5,081 gross square feet on the subterranean level only. There are no restrictions on how the remaining 63,447 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental
office uses are permitted on any other building site.
3. Restaurants, including outdoor, drive-in or take-out restaurants, bars and theater/nightclubs shall be subject to the securing of a use permit in each case. Facilities other than indoor dining establishments or those that qualify as outdoor,
drive-in or take-out establishments shall be subject to the City of Newport Beach
regulations covering drive-in and outdoor establishments. 4. Institutional, financial and governmental facilities.
5. Civic, cultural, commercial recreational and recreational facilities.
6. Parking lots, structures and facilities. 7. Drive-up teller units, subject to the review of the on-site parking and circulation plan
by the City Traffic Engineer and approved by the Director of Planning.
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Planning Commission Resolution No. PC2023-045 Page 17 of 23
EXHIBIT D CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development 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. The Applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused the revocation of this Use
Permit.
4. This Use Permit 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 are detrimental to the public health, welfare, or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 5. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require review by the Planning Division and may require an
amendment to this Use Permit or the processing of a new Use Permit. 6. Based upon Parking Study performed by RK Engineering Inc, 418 parking spaces were identified as surplus parking. Should there be a substantial change to the availability of
on-site parking, or if it is demonstrated that the Project creates a nuisance condition, the
Applicant shall work with the Community Development Director to modify and manage
parking demand. 7. Prior to the issuance of a building permit, the Applicant shall pay all applicable
development fees (i.e., traffic fair share fee, transportation corridor agency), unless
otherwise addressed separately in the Development Agreement. 8. A qualified monitor from or approved by the Gabrieleno Band of Mission Indians - Kizh Nation shall be retained and compensated as a Native American Monitor for the
project site prior to the commencement of any ground-disturbing activity and to the
completion of ground disturbing activities to monitor grading and excavation activities.
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9. A copy of the executed monitoring agreement shall be submitted to the City prior to the
commencement of any ground-disturbing activity, or the issuance of any permit
necessary to commence a ground-disturbing activity.
10. The monitors shall complete daily monitoring logs that will provide descriptions of the
relevant ground-disturbing activities, the type of construction activities performed,
locations of ground-disturbing activities, soil types, cultural-related materials, and any
other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs
will identify and describe any discovered tribal cultural resources (TCR), including but not limited to, Native American cultural and historical artifacts, remains, places of
significance, etc., as well as any discovered Native American (ancestral) human remains
and burial goods. Copies of monitor logs shall be provided to the project applicant/City
upon written request to the monitors.
11. On-site tribal monitoring shall conclude upon the latter of the following (1) written
confirmation to the Kizh Nation from a designated point of contact for the project
applicant that all ground-disturbing activities and phases that may involve ground-
disturbing activities on the project site or in connection with the project are complete; or
(2) a determination and written notification by the consulting tribe to the project applicant that no future, planned construction activity and/or development/construction phase at
the project site possesses the potential to impact TCRs of the consulting tribe.
12. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the
discovery shall cease (i.e., within the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the monitor and/or archaeologist. The
monitors will recover and retain all discovered TCRs in the form and/or manner the tribes
deem appropriate, in the tribes’ sole discretion in coordination with the applicant, and for
any purpose the tribes deem appropriate, including for educational, cultural and/or
historic purposes.
13. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition or skeletal completeness. Funerary objects,
called associated grave goods in Public Resources Code Section 5097.98, are also to be
treated according to this statute.
14. If Native American human remains and/or grave goods are discovered or recognized on
the project site, then Public Resource Code 5097.9 as well as Health and Safety Code
Section 7050.5 shall be followed.
15. Human remains and grave/burial goods shall be treated alike per California Public
Resources Code section 5097.98(d)(1) and (2).
16. Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains and/or burial goods.
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17. Any discovery of human remains/burial goods shall be kept confidential to prevent further
disturbance. 18. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “C” shall be incorporated into the Building Division and field sets of
plans.
19. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans.
20. All landscape materials and irrigation systems shall be maintained by 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. 21. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director
of Community Development, the illumination creates an unacceptable negative impact on
surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 22. Before 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. 23. 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 periods unless the ambient noise level is higher:
Between the hours of 7:00 a.m.
and 10:00 p.m.
Between the hours of 10:00
p.m. and 7:00 a.m.
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
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
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Planning Commission Resolution No. PC2023-045 Page 20 of 23
24. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent.
25. 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.
26. No outside paging system shall be utilized in conjunction with this establishment.
27. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
28. 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.
29. The exterior of the business shall be always maintained free of litter and graffiti. 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. 30. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements).
31. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit.
32. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 33. A Special Events Permit is required for any event or promotional activity outside the
normal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits.
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Planning Commission Resolution No. PC2023-045 Page 21 of 23
34. This conditional use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted.
35. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of Baldwin & Sons Medical Office including, but not limited to the Conditional Use Permit filed as PA2022-158. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit,
or proceeding whether incurred by the Applicant, City, and/or the parties initiating or
bringing the such proceeding. The Applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The Applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this
condition.
Fire Department 36. The additional enclosed gross floor area shall be protected by a fire sprinkler system
and fire alarm system.
Building Division 37. 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. 38. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division 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.
Public Works Department
39. The drive aisles between columns shall be a minimum of 14-feet wide as depicted on Sheet A-1 of the plans stamped and dated with the date of this approval.
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40. The parking layout shall comply with City Standard 805. Dead end drive aisle shall be
accompanied by a dedicated turnaround space and minimum 5-foot drive aisle extension. 41. A new sewer clean out shall be installed on all existing sewer laterals in accordance with
City Standard 406.
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EXHIBIT “E” DEVELOPMENT AGREEMENT
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