HomeMy WebLinkAbout2024-7 - Approving a Conditional Use Permit for a Medical Office Located at 20 Corporate Plaza (PA2022-0158)RESOLUTION NO. 2024-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR A MEDICAL OFFICE
LOCATED AT 20 CORPORATE PLAZA (PA2022-0158)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, 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");
WHEREAS, the Applicant proposes to convert a portion of a subterranean parking
garage into a 5,081-square-foot medical office and make other improvements including
reconfiguration of the Property to accommodate an office entrance from both ground level
and parking garage level, widening the driveway access ramp, and restriping the parking
garage which would reduce the total onsite parking by 12 spaces ("Project");
WHEREAS, the following approvals are requested or required for the Project:
• 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 ("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 to Building Site 20;
• Conditional Use Permit ("CUP") —To allow an adjustment to the required off-street
parking by waiving the four additional spaces required for the new medical office,
and
Resolution No. 2024-7
Page 2 of 9
• Development Agreement ("DA") —A 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");
WHEREAS, 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;
WHEREAS, the Property is not located within the coastal zone;
WHEREAS, the Planning Commission held a public hearing on December 21,
2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California, at which time the Planning Commission considered the Project. 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"), and Chapters 15.45
(Development Agreements), 20.56 (Planning Community District Procedures), and 20.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2023-045 (6 ayes and 1 absent) recommending approval of the Project to the City
Council; and
WHEREAS, the City Council held a public hearing on January 23, 2024, in the
City 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 the Ralph
M. Brown Act, and Chapters 15.45 (Development Agreements), 20.56 (Planning
Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby approves the CUP subject to the Conditions
of Approval set forth in Exhibit "B," which is attached hereto and incorporated by
reference.
Resolution No. 2024-7
Page 3of9
Section 2: The approval is 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. 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
desiqn 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.
Resolution No. 2024-7
Page 4 of 9
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 the PC-17
Development Plan 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.
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 the PC-17
Development Plan 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.
Resolution No. 2024-7
Page 5 of 9
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.
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 the PC-17 Development
Plan does not currently allow medical offices in Building Site 20, the Project would
amend the allowed uses of the PC-17 Development Plan 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 the PC-17
Development Plan, 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.
Resolution No. 2024-7
Page 6of9
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 the PC-17 Development Plan as medical office
is already an allowed use within other Building Sites in the PC-17 Development Plan.
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 Plan 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.
Resolution No. 2024-7
Page 7 of 9
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.
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 Development Plan 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. ("Parking Study"). To estimate the existing parking demand within the PC-17
Development Plan, RK Engineering Group, Inc. conducted two consecutive
weekday surveys. The Parking Study then estimates the peak parking demand for
the PC-17 Development Plan by adding the 20 required parking spaces for the
Project and the required parking for any currently vacant suites. The Parking Study
estimates approximately 47 required parking spaces for the current vacancies
within the PC-17 Development Plan.
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.
Resolution No. 2024-7
Page 8 of 9
4. The Parking Study was reviewed and accepted by the City's Traffic Engineer and
demonstrates that the PC-17 Development Plan 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 the PC-17 Development Plan. Specifically, the parking pool for the PC-17
Development Plan 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.
Section 3: The City Council finds the approval of this Conditional Use Permit
exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to 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 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.
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.
Resolution No. 2024-7
Page 9 of 9
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 23rd day of January, 2024.
Will O'Neill
Mayor
ATTEST:
r-
W
Leilani I. Brown U _^
City Clerk_`
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
a
Aaron C. Harp
City Attorney
Attachment(s): Exhibit "A" — Legal Description
Exhibit "B" — Conditions of Approval
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH IN
THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS
PARCEL A:.
PARCEL 3, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP FILED IN BOOK 1021 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL OIL, OIL RJGHTS, MINERALS. MINERAL RIGHTS, NATURAL GAS,
NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM ANY OTHER MATERIAL RESOURCES, AND ALL PRODUCTS DERIVED
FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND TOGETHER WITH
THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE,
AND STORING IN AND REMOVING THE SAME
FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL
OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF
THE LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF,
AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH
WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND
OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
LAND, AS RESERVED IN A DEED RECORDED MARCH 02, 1993 AS INSTRUMENT NO. 93-143034
OF OFFICIAL RECORDS.
ALSO EXCEPTING ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW
ACQUIRED BY GRANTOR O\NNED OR USED BY GRANTOR IN CONNECTION 'MTH OR WITH
RESPECT TO THE LAND, TOGETHER W1TH THE RIGHT AND POWER TO EXPLORE, DRILL,
REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE
UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED
BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING,
APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED. STATUTORY OR
CONTRACTUAL, BUT WITHOUT HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE
LAND IN THE EXERCISE OF SUCH RIGHTS, IN A DEED RECORDED MARCH 02, 1993 AS
INSTRUMENT NO. 93-0143034 OF OFFICIAL RECORDS.
PARCEL B:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED
"DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS" RECORDED
NOVEMBER 18, 1991 AS INSTRUMENT NO. 91-827002 OF OFFICIAL RECORDS OF ORANGE
COUNTY.
APN : 442-271-24
EXHIBIT "B"
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 City Council 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.
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.
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 "B" 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 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
45dBA
60cIBA
45dBA
50dBA
100 feet of a commercial ro ert
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
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.
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 gradinq 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.
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-7 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23rd day of January, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24th day of January, 2024.
Leilani I. Brown
City Clerk
Newport Beach, California