HomeMy WebLinkAbout15 - 441 Old Newport Medical Office Bldg AppealTO:
CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 15
May 14, 2013
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949-644-3226, kbrandt@newportbeachca.gov
PREPARED BY: Melinda Whelan, Assistant Planner
APPROVED: O. V�
TITLE: 441 Old Newport Medical Office Building Appeal
Conditional Use Permit No. UP2011-011
ABSTRACT:
An appeal of the Planning Commission's decision to deny Conditional Use Permit No.
UP2011-011 to allow off-site parking for a proposed medical use. The applicant
proposes to develop the adjacent property at 445 Old Newport Boulevard to
accommodate a total of 13 parking spaces during the day. Combined, the proposed on-
site and off-site parking spaces will provide the minimum parking spaces required by the
Zoning Code for medical office uses to occupy the entire commercial office building.
RECOMMENDATION:
1) Conduct a de novo hearing; and
2) Uphold or reverse the Planning Commission's decision by either:
a. Adopting the draft resolution to uphold the Planning Commission's action and
deny Conditional Use Permit No. UP2011-011 (Attachment No. CC 1); or
b. Adopting the draft resolution to reverse the Planning Commission's action and
approve Conditional Use Permit No. UP2011-011 (Attachment No. CC 2).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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Conditional Use Permit No. UP2011-011
May 14, 2013
Page 2
LOCATION
ON-SITE
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ZONING
Office General (OG)
CURRENT USE
Vacant General Office
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LOCATION
ON-SITE
GENERAL PLAN
General Commercial
Office (CO -G)
ZONING
Office General (OG)
CURRENT USE
Vacant General Office
NORTH
CO -G
OG
Vacant Restaurant
SOUTH
CO -G
OG
Existing Office
EAST
CO -G
OG
Existing Residential
WEST
N/A
N/A
Overlooks Newport Blvd.
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Conditional Use Permit No. UP2011-011
May 14, 2013
Page 3
Proiect Settino and Description
The subject commercial property is located north of Hospital Road on Old Newport
Boulevard. The site is approximately 23,080 square feet in area and is developed with a
11,540 -square -foot building formerly occupied by general office uses and is currently
being renovated. The rear of the property overlooks Newport Boulevard. The property to
the north is developed with a vacant restaurant and accessory building. The property to
the south is developed with a commercial office building and a freestanding commercial
retail building. Directly across Old Newport Boulevard, to the east, is a mix of homes on
commercially zoned lots and general commercial and office buildings.
It is the intent of the subject property owner to lease the entire building for medical office
use, which results in the need for additional parking spaces. Without any additional
parking, a maximum of 20 percent of the gross square footage of the commercial office
building can be occupied by medical office uses.
A private Reciprocal Parking Easement Agreement authorizes office uses on the
subject property to utilize 445 Old Newport Boulevard, the abutting property to the north,
for parking. Essentially the Agreement allows the office site to use the restaurant site for
parking during the day and the restaurant site to use the office site for parking in the
evening. The Agreement runs with the property and is binding upon change in
ownership. Although the 445 Old Newport Boulevard property is currently part of
bankruptcy court proceedings, recent updates from the bankruptcy lawyers indicate that
the property will be awarded to the original owner however, a precise date of award is
unknown at this time. Through the Reciprocal Parking Easement Agreement, the owner
of 441 Old Newport Boulevard (proposed medical office building) has the right to
improve the abutting property at 445 Old Newport Boulevard with a parking lot that
provides a minimum 13 spaces. The improvements would include grading, paving and
the demolition of a storage shed to provide a renovated and expanded parking lot that
will meet current City standards. A pedestrian and disabled accessibility path of travel is
a part of the parking lot design and would provide connectivity between the properties.
The anticipated owner of 445 Old Newport Boulevard is aware and in agreement with
this application and the scope of the proposed project.
Background
Planning Commission Hearing September 6, 2012
The Planning Commission considered the request for Conditional Use Permit No.
UP2011-011, to waive five off-street parking spaces and to allow seven spaces to be
located on the adjacent property at 445 Old Newport Boulevard (vacant restaurant).
Approval would have allowed the building to be converted to medical office. A parking
management plan that included a valet parking service was also proposed. The
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Conditional Use Permit No. UP2011-011
May 14, 2013
Page 4
Commission was unable to make the required findings and denied the Conditional Use
Permit request.
Planning Commission Decision Appealed September 19, 2012
The applicant appealed the Planning Commission's denial of Conditional Use Permit
No. UP2011-011.
Revised Project Submittal
Subsequent to filing the appeal, the applicant modified the project, eliminating the need
for a parking waiver, with a request to increase the number of off-site parking spaces
from 7 to 13. The revised project would provide the minimum required parking for the
proposed medical use through on-site parking and off-site parking on the abutting
property at 445 Old Newport Boulevard.
City Council Hearing March 26, 2013
The City Council directed staff to take the modified project back to the Planning
Commission for review and action.
Planning Commission Hearing and Action April 18, 2013
The Planning Commission considered the revised request for off-site parking. The
Commission raised the concerns that the availability of the off-site parking lot at 445 Old
Newport Boulevard was inadequate due to the current condition of the off-site lot with
the dilapidated structures, the off-site lot being in bankruptcy court, and the uncertainty
of the future use of the restaurant building that is presently vacant on the off-site lot. If
the future use of the off-site lot changed to a use that did not have off -set hours of use
to the proposed medical use, this could affect the Reciprocal Parking Easement
Agreement and the availability of off-site parking spaces for the medical tenants
occupying the building at the time.
Comment letters and testimony were provided in opposition of the project by the
property owners along the Old Newport Boulevard corridor. The primary issue appeared
to be that the Old Newport Boulevard area currently lacks sufficient parking.
Additionally, they raised concerns about the poor condition and lack of upkeep on the
off-site (restaurant) lot.
Due to the concerns with the long-term use of the off-site parking, availability of the off-
site parking, and future use of the off-site lot and how it could affect the proposed
medical office tenants (Attachment No. CC 3 April 18, 2013, Planning Commission
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Conditional Use Permit No. UP2011-011
May 14, 2013
Page 5
Minutes), the Planning Commission determined the findings for approval could not be
made and denied the Conditional Use Permit request. (Attachment No. CC 4 April 18,
2013, Planning Commission Resolution).
The Planning Commission's denial of the Conditional Use Permit does not prevent the
office building from being occupied with general office uses. Additionally, the Zoning
Code would allow up to 20 percent of the gross square footage of the office building to
be occupied by medical uses.
Planning Commission Decision Appealed April 25, 2013
On April 25, 2013, the applicant appealed the Planning Commission's denial of the
revised Conditional Use Permit No. UP2011-011 stating the following reasons for the
appeal: off-site parking enables the project to have parking per the existing Code and a
medical building is more compatible with the immediate area.
Analysis
Off-site Parking Findings for Approval
Pursuant to Section 20.40.100 B., to approve off-site parking, the hearing body is
required to make the following findings in addition to those required for the approval of a
conditional use permit (see following section for conditional use permit findings):
1. The parking facility is located within a convenient distance to the use it is
intended to serve;
2. On -street parking is not being counted towards meeting parking requirements;
3. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area; and
4. The parking facility will be permanently available, marked, and maintained for
the use it is intended to serve.
Conditional Use Permit Findings for Approval
Pursuant to Section 20.40.100 A., the Planning Commission may approve or
conditionally approve a conditional use permit for these types of parking requests only
after first finding all of the following per Section 20.52.20 (Conditional Use Permits):
1. The use is consistent with the General Plan and any applicable specific plan;
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Conditional Use Permit No. UP2011-011
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2. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity;
4. 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; and
5. 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.
Should the Council decide that facts in support of the aforementioned findings can be
made and reverse the decision of the Planning Commission, standard Code
requirements and specific conditions of approval in the Draft Resolution for Approval
would have to be met. Occupancy of the proposed medical office would not be allowed
until the off-site lot at 445 Old Newport Boulevard is complete with all building permits
secured and construction of the parking lot completed. This also means the bankruptcy
court proceedings are resolved as the required permits could not be issued to the off-
site lot while it is still in the purview of the bankruptcy court. Also, pursuant to the Zoning
Code requirements for off-site parking, to ensure that long-term availability of the off-site
parking, the following conditions would be required as found in the Draft Resolution for
Approval (Attachment No. CC 2):
• Condition of Approval No. 6 would require the applicant to notify the City of a
change of ownership, use or access to the parcel where the off-site spaces are
located, or of any termination or default of the Agreement between the parties;
condition of approval;
• Condition of Approval No. 7 states that if the agreement is terminated, substitute
on- or off-site parking must be provided pursuant to review by the Community
Development Director or there must be a reduction in the medical office use in
proportion to the parking spaces lost. If the off-site parking is lost then the
applicant would have the following options: limit the medical office use to 20
percent of the gross square footage of the office building leaving the remainder of
the office building to be used by general office or a use with an equal or lesser
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Conditional Use Permit No. UP2011-011
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parking demand, build a parking structure or underground parking on-site, or find
another off-site parking location;
• Condition of Approval No. 8 states that the improvements at 445 Old Newport
Boulevard (off-site parking lot) shall be completed prior to medical office uses
occupying the building at 441 Old Newport Boulevard;
• Condition of Approval No. 28 states that the parking layout and circulation at 441
and 445 Old Newport Boulevard is subject to approval by the City Traffic Engineer
prior to permit issuance for the medical use and parking lot.
Alternatives
1. If the City Council finds the facts do not support the findings required to grant
approval of the conditional use permit application, the City Council should adopt
the draft resolution (Attachment No. CC 1) upholding the April 18, 2013, decision
of the Planning Commission and denying the proposed conditional use permit.
2. If the City Council finds the facts do support the findings required to grant
approval of the conditional use permit application, the City Council should adopt
the draft resolution (Attachment No. CC 2), reversing the April 18, 2013, decision
of the Planning Commission and approving the proposed conditional use permit.
ENVIRONMENTAL REVIEW:
If the Planning Commission's decision is upheld and the project is denied, staff
recommends the City Council find this project is not subject to California Environmental
Quality Act (CEQA), pursuant to Section 15270 of the CEQA Guidelines, which states
that a project which is rejected by a public agency is not subject to CEQA review.
If the Planning Commission's decision is reversed and the project is approved, staff
recommends the City Council find this project exempt from CEQA, pursuant to CEQA
Guidelines exempt under Section 15301, of Class 1 (Existing Facilities). The medical
use would occupy an existing general office building and utilize existing parking lots that
are being renovated with no or negligible expansion of use.
NOTICING:
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, consistent with the provisions of the Municipal Code.
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Conditional Use Permit No. UP2011-011
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Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
Submitted by:
7 g
Attachments: CC 1 Draft Resolution for Denial Upholding the April 18, 2013, Planning
Commission's Decision
CC 2 Draft Resolution for Approval reversing the April 18, 2013,
Planning Commission's Decision
CC 3 April 18, 2013, Planning Commission Minutes
CC 4 April 18, 2013, Planning Commission Resolution
CC 5 April 18, 2013, Planning Commission Staff Report
CC 6 April 18, 2013, Planning Commission Correspondence
CC 7 Plans
CC 8 Reciprocal Easement Parking Agreement
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Attachment No. CC 1
Draft Resolution for Denial Upholding the
April 18, 2013, Planning Commission's
Decision
I
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH UPHOLDING THE PLANNING
COMMISSION'S ACTION AND DENYING CONDITIONAL USE
PERMIT NO. 2011-011 TO UTILIZE AN OFF-SITE PARKING LOT
AT 445 OLD NEWPORT BOULEVARD FOR AN EXISTING
COMMERCIAL OFFICE BUILDING LOCATED AT 441 OLD
NEWPORT BOULEVARD (PA2011-056)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Bra[, with respect to property located at 441 Old
Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 80-719, in the
City of Newport Beach, County of Orange, State of California, as shown on a map filed in
Book 163, Pages 31 and 32 of Parcel Maps in the office of the Orange County Recorder
requesting approval of a conditional use permit.
2. The applicant proposed a conditional use permit to reduce the required off-street parking
and to utilize an off-site parking lot. The project proposes to utilize the recently renovated
commercial office building (11,540 square feet) for medical office and to provide 51 of the
56 required parking spaces (a reduction of five required spaces). Forty-four spaces
would be on-site and seven spaces would be provided on the abutting property to the
north at 445 Old Newport Boulevard which is developed with a restaurant presently
vacant.
3. The subject property is located within the Office General (OG) Zoning District and the
General Plan Land Use Element category is General Commercial Office (CO -G).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on September 6, 2012, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
6. At the September 6, 2012, meeting the Planning Commission denied the application
request pursuant to Resolution No. 1892.
7. On September 19, 2012, the applicant appealed the Planning Commission's decision to
deny the entitlement request to allow a reduction in the required off-street parking and to
utilize an off-site parking lot for a recently renovated commercial building that proposes a
medical use. Subsequent to the Planning Commission's action on the project, the
applicant has modified the project by securing the off-street parking with the ability to
renovate an off-site lot for parking purposes through a private agreement and providing
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City Council Resolution No.
Paqe 2 of 3
the minimum required parking spaces for the proposed medical use. Therefore, the
entitlement request has changed to a use permit for off-site parking rather than a use
permit for a parking waiver and for off-site parking.
8. A public hearing was held on March 26, 2013, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
9. At the March 26, 2013, hearing, the City Council took staff's recommendation and
directed the Planning Commission to review and take action on the application which
has been revised to provide the minimum required parking spaces for the proposed
medical use of the commercial building through off-site parking, pursuant to Zoning
Code Section 20.40.100.
10. A public hearing was held on April 3, 2013, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. At the April 3, 2013, hearing, the
Planning Commission continued this item to the April 18, 2013 hearing.
11. A public hearing was held on April 18, 2013, in the City Hall Council Chambers, 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission
at this meeting.
12. On April 25, 2013, the applicant appealed the Planning Commission's decision to deny
the entitlement request to allow off-site parking for the proposed medical office use.
13. A public hearing was held on May 14, 2013, in the City Hall Council Chambers, 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. FINDINGS FOR DENIAL.
1. The availability of the off-site parking lot at 445 Old Newport Boulevard is inadequate
due to the current condition of the off-site lot with the dilapidated structures, the off-site
lot being in bankruptcy court and the Reciprocal Easement Parking Agreement is not
exclusively granted to the applicant.
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City Council Resolution No.
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2. The applicant provided a copy of a Reciprocal Easement Parking Agreement to
establish the rights to use 445 Old Newport Boulevard for off-site parking. There are
inconsistencies within the Reciprocal Easement Parking Agreement such as the
location and the number of parking spaces. In addition, the Reciprocal Easement
Parking Agreement does not establish that the off-site parking will be available
permanently.
3. The uncertainty of the future use of the off-site lot compromises the long-term
availability of the parking for the proposed medical office use. If the lot changed to a
use that did not have off -set hours of use to the proposed medical use, this could
affect the Reciprocal Parking Easement Agreement and the availability of off-site
parking spaces for the medical tenants occupying the building at the time. Monitoring
the use and requiring a reduction in the use should the parking become unavailable in
the future is unrealistic and difficult to maintain.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The City Council of the City of Newport Beach hereby denies Conditional Use Permit
Application No. UP2011-011.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 14"' DAY OF May, 2013.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Keith Curry, Mayor
ATTEST:
I-.YA
Leilani Brown, City Clerk
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is
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Attachment No. CC 2
Draft Resolution for Approval Reversing the
April 18, 2013, Planning Commission's
Decision
1.5
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RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH REVERSING THE PLANNING
COMMISSION'S ACTION AND APPROVING CONDITIONAL USE
PERMIT NO. 2011-011 TO UTILIZE AN OFF-SITE PARKING LOT
AT 445 OLD NEWPORT BOULEVARD FOR AN EXISTING
COMMERCIAL OFFICE BUILDING LOCATED AT 441 OLD
NEWPORT BOULEVARD (PA2011-056)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Bra[, with respect to property located at 441 Old
Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 80-719, in the
City of Newport Beach, County of Orange, State of California, as shown on a map filed in
Book 163, Pages 31 and 32 of Parcel Maps in the office of the Orange County Recorder
requesting approval of a conditional use permit.
2. The subject property is located within the Office General (OG) Zoning District and the
General Plan Land Use Element category is General Commercial Office (CO -G).
3. The subject property is not located within the coastal zone.
4. The applicant proposed a conditional use permit to reduce the required off-street parking
and to utilize an off-site parking lot. The project proposes to utilize the recently renovated
commercial office building (11,540 square feet) for medical office and to provide 51 of the
56 required parking spaces (a reduction of five required spaces). Forty-four spaces
would be on-site and seven spaces would be provided on the abutting property to the
north at 445 Old Newport Boulevard which is developed with a restaurant presently
vacant.
5. A public hearing was held on September 6, 2012, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
6. At the September 6, 2012, meeting the Planning Commission denied the application
request pursuant to Resolution No. 1892.
7. On September 19, 2012, the applicant appealed the Planning Commission's decision to
deny the entitlement request to allow a reduction in the required off-street parking and to
utilize an off-site parking lot for a recently renovated commercial office building that
proposed a medical office use. Subsequent to the Planning Commission's action on the
project, the applicant modified the project by securing the ability to renovate an off-site lot
and provide the Code required parking. Therefore, the request changed to a conditional
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City Council Resolution No.
Paqe 2 of 9
use permit for off-site parking rather than a conditional use permit for a parking waiver
and off-site parking.
8. A public hearing was held on March 26, 2013, in the City Hall Council Chambers, 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
9. At the March 26, 2013, hearing, the City Council directed the Planning Commission to
review and take action on the revised project.
10. A public hearing was held on April 3, 2013, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. At the April 3, 2013, hearing, the
Planning Commission continued this item to the April 18, 2013, hearing.
11. A public hearing was held on April 18, 2013, in the City Hall Council Chambers, 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission
at this meeting.
12. On April 25, 2013 the applicant appealed the Planning Commission's decision to deny
the entitlement request to allow off-site parking for the proposed medical office use.
13. A public hearing was held on May 14, 2013, in the City Hall Council Chambers, 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities). The
medical use would occupy an existing general office building and utilize existing
parking lots that are being renovated with a negligible expansion of use.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.40.100 B. (Off -Site Parking) of the Newport Beach Municipal
Code, the following findings and facts in support of the findings for off-site parking are set
forth:
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City Council Resolution No.
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Finding
A. The parking facility is located within a convenient distance to the use it is intended to
serve.
Facts in Support of Finding
1. The off-site parking spaces will be located on the property immediately to the north,
abutting the subject property.
Finding
B. On -street parking is not being counted towards meeting parking requirements;
Facts in Support of Finding
1. None of the spaces counted to provide the minimum required parking for the medical
use are on -street.
Finding
C. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area;
Facts in Support of Finding
1. The off-site parking is directly abutting the proposed medical office lot to the north. The
circulation of the on-site and off-site parking has been reviewed by the City Traffic
Engineer. A pedestrian and disabled accessibility path of travel is provided between
the abutting properties which has been reviewed by the City Traffic Engineer and the
Building Division, and a final approval will be required prior to permit issuance.
2. The proposed medical use and off-site parking lot requires approval by the City Traffic
Engineer prior to permit issuance and any future changes will require additional review
and approval by the City Traffic Engineer.
Finding
D. The parking facility will be permanently available, marked, and maintained for the use
it is intended to serve;
Facts in Support of Finding
1. There is a recorded Reciprocal Parking Easement Agreement between the subject
property and 445 Old Newport Boulevard. This agreement allows reciprocal parking for
the medical office use and for the restaurant use, with the office using the parking on
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City Council Resolution No.
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the restaurant site during the daytime when the restaurant is closed and the restaurant
using the office site at night when the medical office is closed. The restaurant is
currently vacant.
2. A condition of approval requires that the applicant notify the City of any changes to the
off-site parking lot such as the re -opening of the restaurant or the implementation of a
use with the same hours as the medical office, or a termination or default of the
existing Reciprocal Parking Easement Agreement. Upon such notification, the
applicant is required to do the following: propose an alternative design such as a
parking structure or underground parking on-site, secure an alternative location for off-
site parking spaces, or reduce the medical office use in proportion to the parking
spaces lost, all of which must be approved by the Community Development Director.
Pursuant to Section 20.40.100 A., the Planning Commission may approve or conditionally
approve a conditional use permit for these types of parking requests only after first finding all
of the following per Section 20.52.20 (Conditional Use Permits):
Finding
E. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding
1. The property is designated with a General Plan land use of General Commercial Office
(CO -G) which is intended to provide for administrative, professional, and medical
offices with limited accessory and retail uses. The proposed medical office use is
consistent with the intent and goals of this designation.
Finding
F. 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 has a Zoning designation of Office General (OG) which is intended to
provide areas for administrative, professional, and medical offices with limited retail
uses. The proposed medical office use is consistent with the intent of this designation.
Finding
G. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
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City Council Resolution No.
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Facts in Support of Finding
1. Old Newport Boulevard is developed with a mix of business, medical offices, and other
similar uses.
2. The proposed vehicle circulation of the on-site lot and off-site parking lot at 445 Old
Newport Boulevard have been reviewed and approved by the City Traffic Engineer.
3. The access to the site and the off-site parking is from Old Newport Boulevard and has
been determined to be adequate for the use and is compatible with the other
commercial lots in the area.
Finding
H. 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; and
Facts in Support of Finding
1. The on-site parking lot and the proposed 445 Old Newport Boulevard parking lot have
been reviewed for adequate access and circulation for use by employees, patrons,
and access by emergency vehicles.
2. Aisle widths and parking sizes have been reviewed for proper circulation by the City
Traffic Engineer and a final review and approval is required prior to permit issuance for
the medical use and the off-site parking lot.
3. Conditions of approval have been included with this resolution to ensure fire services
and utilities are protected in place.
Finding
1. 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 circulation of the final parking layout on both sites will be approved by the City
Traffic Engineer prior to permit issuance for the medical use and the parking lot.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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21
City Council Resolution No.
Paqe 6 of 9
1. The City Council of the City of Newport Beach hereby approves Conditional Use Permit
Application No. UP2011-011, subject to the conditions set forth in the draft resolution,
which is attached hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED THIS 14th DAY OF May, 2013.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Keith Curry, Mayor
ATTEST
M
Leilani Brown, City Clerk
Tm plt 04/14/10
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WA :11-311iiL111
CONDITIONS OF APPROVAL
PLANNING
City Council Resolution No.
Paqe 7 of 9
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. The development shall be in substantial conformance with the approved site plan
stamped and dated with the date of this approval. (Except as modified by applicable
conditions of approval).
3. This Conditional Use Permit may be modified or revoked by the City Council or 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.
4. The applicant is required to obtain all applicable permits from the City 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.
5. Trash pick-up for 441 Old Newport Boulevard shall be scheduled outside of normal
business hours because a required parking space blocks access to the trash enclosure.
6. The Community Development Director shall be immediately notified of any change of
ownership, use or access to the property where the off-site spaces are located (455 Old
Newport Boulevard), or of any termination or default of the existing Reciprocal Easement
Parking Agreement between the parties.
7. Upon notification that the agreement for the required off-site parking has terminated or
access to those spaces is no longer available, the Director shall establish a reasonable
time in which one of the following shall occur:
a. Substitute parking is provided that is acceptable to the Community Development
Director; or
b. The size or capacity of the medical office use is reduced in proportion to the parking
spaces lost.
8. Occupancy of the commercial office building with medical office uses (in excess of 20
percent of the gross square footage of the building by medical office uses) is not
permitted until the off-site parking lot at 445 Old Newport Boulevard has received all of
the required permits and has been improved to accommodate no less than 13 parking
spaces as determined by the Public Works.
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City Council Resolution No.
Paqe 8 of 9
9. The applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this Use Permit.
10. Use Permit No. 2011-0111 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.54.60 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
11. Should this property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by the
current owner or leasing company.
12.To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the (Old Newport Medical Office Building) project
including, but not limited to, (Use Permit No. 2011-011) and the determination that the
project is exempt under the requirements of the California Environmental Quality Act.
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.
13. New signs or changes to existing signs shall comply with sign regulations required in
Zoning Code Section 20.42 (Sign Standards), as well as City Standard 110-L to
ensure adequate site distance.
PUBLIC WORKS/UTIILITIES
14.All improvements shall be constructed as required by Ordinance and the Public Works
Department.
15. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels
and curb and gutter along the Old Newport Boulevard frontage.
16.All existing drainage facilities in the public right-of-way, including the existing curb drains
along Old Newport Boulevard frontage shall be retrofitted to comply with the City's on-site
non -storm runoff retention requirements.
17. An encroachment permit is required for all work activities within the public right-of-way.
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City Council Resolution No.
Paqe 9 of 9
18. In case of damage done to public improvements surrounding the development site by the
private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
19. All on-site drainage shall comply with the latest City Water Quality requirements.
20. Parking spaces and drive aisles shall be per City Standards STD -805 -L-A and STD -805-
L -B.
21. The existing private trees along the Old Newport Boulevard frontage on 441 Old Newport
Boulevard are overgrown into power lines and adjacent property. These trees shall be
trimmed back behind the property line at all times or removed.
22.The hedge along the North property line of 441 Old Newport Boulevard is encroaching
into the Old Newport Boulevard public right-of-way/sidewalk. This hedge shall be
trimmed back behind the property line at all times.
23. The applicant is responsible for all upgrades to the City's utilities as required to fulfill the
project's demand, if applicable.
24. New and existing fire services shall be protected by a City -approved double-check
detector assembly and installed per STD -517-L.
25. New and existing commercial domestic water and landscaping meter(s) shall be
protected by a City -approved reduced pressure backflow assembly and installed per
STD -520 -L-A.
26. Install new curb, gutter, sidewalk and driveway along 445 Old Newport Boulevard
frontage.
27.AII traffic signage shall comply with the current California Manual of Uniform Traffic
Control Devices. All traffic striping shall comply with the current Caltrans standard plans.
28. Parking layout and circulation at 441 and 445 Old Newport Boulevard is subject to
approval by the City Traffic Engineer prior to permit issuance for the medical use and
parking lot.
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20
Attachment No. CC 3
April 18, 2013, Planning Commission
Minutes
27
M
NEWPORT BEACH PLANNING COMMISSION MINUTES 4/18/13
CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES
Council Chambers — 100 Civic Center Drive
Thursday, April 18, 2013
REGULAR MEETING
6:30 p.m.
CALL TO ORDER - The meeting was called to order at 6:30 p.m.
II. PLEDGE OF ALLEGIANCE — Secretary Ameri
III. ROLL CALL
PRESENT: Ameri, Brown, Hillgren, Kramer, Myers erge, , . Tucker
ABSENT: None
Staff Present: Brenda Wisneski, Deputy Communitylopment Director; Leonie Mulvihill,
Assistant City Attorney; Tony Brine, City Traffic Engineer; Marlene Burns, Administrative Assistant;
Ben Zdeba, Planning Technician; Gregg Ramirez, Senior anner; Melinda Whelan, Assistant
Planner; Leilani Brown, City Clerk; Makana, Assistant Plan ner,,AbACampbell, Principal Planner; and
Jaime Murillo, Associate Planner -
IV. PUBLIC COMMENTS
Chair Toerge invited those interested in addressing the Planning CqlhWion to do so at this time.
Jim Mosher commented on the lack of warning lights for public 4ieakers and suggested that the
Planning Commission direct staff to install a big clock on the dais so that speakers can see the
time they have left to speak. He urged the Planning Commission to not believe everything it hears
and referenced the Uptown Newport project as an example relative to their incorporation of the
commercial airport area into the Newport Mesa School District.
There being no others wishing to address the Planning Commission, Chair Toerge closed the
public comments portion of the meeting.
V. REQUEST FOR CONTINUANCES - None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF April 3, 2013
Recommended Action: Approve and file
Interested parties were invited to address the Planning Commission on this item. There was no
response and Chair Toerge closed public comments.
Motion made by Commissioner Tucker and seconded by Commissioner Brown and carried (6 —1), to
approve the minutes of April 3, 2013, as amended.
AYES: Ameri, Brown, Hillgren, Kramer, Toerge, and Tucker
NOES: None
ABSTENTIONS: Myers
Page 1 of 11
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NEWPORT BEACH PLANNING COMMISSION MINUTES 4/18/13
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 1420 W OCEAN FRONT ALTERNATIVE SETBACK (PA2013-045)
Site Location: 1420 West Ocean Front
Planning Technician Ben Zdeba provided a PowerPoint presentation addressing location,
surrounding properties, existing conditions, non -conforming elements, allowance for an alternative
setback determination, required and proposed setbacks, buildable area, and recommendations.
Chair Toerge opened the public hearing and invited those wis address the Planning
Commission on this item to do so at this time.
Chris Friedman Architect explained the rationale for requesalt a setbacks and offered to
respond to questions. ��
An adjacent neighbor expressed concerns regarding the se:ack and distributed a handout for the
Planning Commission to review. He referenced Resolution 91-4 and addressed the nearby alley
and improvements performed by an adjacent neighbor noting that it does not comply with City
code.
There being no others wishing to address the Planning Commission, Chair Toerge closed the
public hearing.
Assistant City Attorney Leonie Mulvihill referenced a previous vacation of the alley, noting that it was
subject to certain conditions. She noted the need for Public Works to review the issue and suggested
the possibility of continuing the item to allow Public Works to make appropriate determinations.
City Traffic Engineer Tony Brine indicated that he is not familiar with the matter and noted the need to
have it reviewed by his department.
Discussion folidwed regarding clarification regarding applicability of the alley issue to the subject
property.
Chair Toerge reopened the public hearing.
Chris Mataresi, property owner, stated that the issue of the alley is separate from the setback
determination and felt there is no need for a continuance. He stated that the City abandoned the alley
and gave one-half to 1416 West Ocean Front and parts of the other half to him and his neighbor. He
reiterated that the alley is a separate issue and that continuing the matter would be a waste of
resources.
In response to Commissioner Tucker's inquiry, Mr. Mataresi addressed orientation of the property and
noted the reason for requesting alternative setbacks.
In response to Commissioner Tucker's inquiry, Mr. Brine reported that access to the property could
function with a four -foot setback.
Mr. Mataresi responded to an inquiry from Chair Toerge noting that his property is developed with
eight units. He stated that the alley has not been vacated by the City as it has not met the necessary
conditions.
Mr. Mataresi indicated speaking with the City and the title company and that both indicated that the
alley had been vacated. He questioned the relevancy of the issue.
Page 2 of 11
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NEWPORT BEACH PLANNING COMMISSION MINUTES
4/18/13
There being no others wishing to address the Planning Commission, Chair Toerge closed the public
hearing.
In response to an inquiry from Vice Chair Hillgren, Mr. Zdeba reported that a ten -foot setback is called
out across the block and there will be a net gain to the benefit of the boardwalk.
Senior Planner Gregg Ramirez reported that staff believed maintaining ten -feet along the boardwalk
would be most appropriate and that the standard would be a four -foot setback between the properties.
Secretary Ameri addressed the building orientation and the related definitions of the various setbacks.
Mr. Ramirez reiterated that maintaining a ten -foot setback along the boardwalk would be most
appropriate.
Secretary Ameri felt that the setback definitions should be changed considering the orientation of the
building, itself.
Motion made by Commissioner Tucker and seAded by Commissioner Kramer to adopt a resolution
approving Setback Determination No. SA2013-002 as recommended by staff.
Chair Toerge indicated he does not see a down side to the three-foot setback or negative impacts to
adjacent property owners. In an effort to create parity, he made a substitute motion.
Substitute Motion made by Chair Toerge and seconded by Secretary Ameri and carried (6 — 1), to
adopt a resolution approving Setback Determination No. SA2013-002 with a three-foot rear -yard
setback along the entire property line adjacent to the north.
Deputy Community Development Director Brenda Wisneski reported that staff reviewed the
Resolution distributed by the public speaker and has no issues of concern and maintains the
recommendations.
AYES: Ameri, Brown, Hillgren, Myers, Toerge, and Tucker
NOES-40%
OES- Kramer
Secretary Ameri commented on the importance of having clear definitions of setback locations and
directions.
ITEM NO. 3 441 OLD NEWPORT MEDICAL OFFICE BUILDING (PA2011-056)
Site Location: 441 Old Newport Boulevard
Deputy Community Development Director Wisneski introduced the item and addressed previous
consideration by the Planning Commission, appeal of the Planning Commission's decision to The City
Council and an update in terms of improvements made to accommodate additional parking.
Assistant Planner Melinda Whelan provided a PowerPoint presentation addressing the proposed
use, parking requirements, proposed off-site parking, access and circulation, parking lot
improvements, project -specific conditions of approval, private parking agreement, and
recommendations.
Discussion followed regarding the appropriate signors of the application since the adjacent
property is in bankruptcy, the terms of the parking agreement, the reciprocal easement agreement
and lack of an estoppel certificate.
Page 3 of 11
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NEWPORT BEACH PLANNING COMMISSION MINUTES 4/18/13
Ms. Mulvihill addressed consideration of duration as long as the use is in place.
Ensuing discussion pertained to the reciprocal easement agreement and the non-exclusive nature
of the easement and the possibility of double counting the spaces.
Ms. Mulvihill indicated that staff evaluates the property and noted that per the conditions; the use
will occur if the additional parking spaces become available off-site. If that does not occur, the use
cannot be established. If the parking spaces are no longer available, the property owner is
required to notify the City and establish alternative parking solutions.
Ms. Wisneski addressed the conditions of approval addressing the matter and noted the
requirement to notify the City if the off-site parking spaces are not longer available.
Commissioner Tucker suggested the need for the reciprocal easement agreement to be exclusive
to ensure availability of the additional parking spaces.
Commissioner Myers addressed previous parking studies, acknowledged the measures taken by
the applicant and inquired regarding provisions for signage directing people to adjacent parking.
Ms. Whelan reported that all parking lots will be required to meet current code including signage,
direction and circulation requirement& She added that there will be directional signage provided in
both parking lots. Vkh-
Commissioner Tucker commented on tT a possibility of assigning employee parking to the off-site
lot so that customers will not need to park off-site.
Vice Chair Hillgren addressed the terms of the agreement and noted that the tenant will need to be
made aware of the parking agreement.
Ms. Mulvihill noted that conditions could be added a psuggested.
Chair Toerge invited the applicant to address the Planning Commission.
Ali Parvaneh, Attorney representing the applicant, noted the importance of identifying the nature of
the bankruptcy of the adjacent property and reported that it has been in Chapter 11
(reorganization) since 2006 and that it will be fully independent of any effect or rights the adjacent
property owner may be able to exercise. He noted that the property is not in bankruptcy, but rather
the estate of the property owner.
Interested parties were invited to address the Planning Commission on this matter.
Richard Haskall, expressed concerns regarding problems with parking. He felt that people will not
park off-site and that once the medical use is established, it will not move. He stated that the
existing adjacent property is an eye -sore and stated he would have no objection to the City
demolishing the existing building and making it into a parking lot.
Dr. Reni, expressed concerns regarding utilization of the property where off-site parking is being
proposed. He felt that when the property is out of bankruptcy, someone will purchase and
redevelop it. He indicated that the property is an eye -sore and a fire hazard. He felt that the
proposed plan is unrealistic.
Page 4 of 11
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NEWPORT BEACH PLANNING COMMISSION MINUTES
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Sandy Haskall expressed concerns with the proposed plan and the condition of the property where
off-site parking is being proposed.
Ali Parvaneh stated that his client has first right of refusal and is taking a risk that the property will
be developed. He indicated that the Conditional Use Permit will allow his client to clean up the
property.
There being no others wishing to address the Planning Commission, Chair Toerge closed the
public hearing.
Chair Toerge noted there are circumstances where the Zoning Code allows mechanisms to
facilitate parking where reasonable alternatives can be provided. He felt that there is a high
degree of uncertainty as to how the property will be developed.
Commissioner Kramer indicated that he finds the application inefficient and expressed concerns
with the existing uncertainty.
Motion made by Chair Toerge and seconded by Commissioner Kramer to adopt on to deny
Conditional Use Permit No. UP2011-011. #pe
Vice Chair Hillgren felt that the matter depends on the dissolution of the adjacent property and that
there is a lack of a management plan regarding the off-site parking. He felt that the ultimate
occupancy of the building needs to be considered, that there ve been positive steps taken but
that they are not supportable.
Assistant City Attorney Mulvihill clarified that the motion would include adoption of a Resolution to
deny the Conditional use Permit.
The motion carried (6 — 1). monk
AYES: Brown, Hillgren, Kramer, Myer�Toerge, and Tucker
NOES: Ameri
ITEM NO. 4 KNIGHT RESIDENCE (PA2013-044) AND OU RESIDENCE (PA2013-043)
Site Location: 312 Hazel Drive and 316 Hazel Drive
Ossistant Planner Makana Nova presented details of the report addressing location, surrounding
properties, existing conditions, topography of the surrounding properties, history of the subject
properties, development limits previously established, related policies and site plans. She
addressed previous building permits, accessory structures and current determinations. Ms. Nova
reported that the development permits are not consistent with the applicable General Plan and
Coastal Land Use policies.
Principal Planne Campbell addressed details of the appeal and presented recommendations
as listed in the r ort. He presented an overview of the applicable policies and noted that the goal
was to ensure respect and preservation for the natural land bluffs and canyons. He addressed
establishment of development setbacks and stringlines, expiration of previous building permits, and
alternate recommendations for the Planning Commission to consider. He stated that staff does not
believe that the previously issued building permits are consistent with policy.
In response to an inquiry from Chair Toerge, Mr. Campbell reported that before the Zoning Code,
stringlines were not considered.
Page 5 of 11
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NEWPORT BEACH PLANNING COMMISSION MINUTES
4/18/13
Commissioner Kramer inquired whether the applicants were given the opportunity to seek an
extension of the permits prior to expiration.
Ms. Nova indicated that they were notified multiple times of the impending expiration of the
permits. In one case, the applicant decided to cancel the permit because of the economic
situation.
Commissioner Brown wondered if there was anything unusual in the case of the permit
cancellation.
Ms. Nova reported that the applicant chose not to proceed with construction because of the
economy.
Commissioner Brown noted that there were conditions that existed when the permits were in force
but that the conditions no longer exist. _
Ms. Nova reported that the policies were in exist a but were not identifie a determination
letter.
In response to Commissioner Tucker's inquiry, Mr. Campbell addressed Criteria o. 7 and noted
that it did not exceed the policies' limitations.
Discussion followed regarding a establishing a setback program, establishing setbacks for blocks
of homes, the need for criteria to be consistent with the General Plan construction on houses on
either side of the subject properties, and adjustments in stringlines.
Vice Chair Hillgren addressed protecting visual resources and requested clarification.
Ms. Nova reported that it is the City's policy to protect public view points and public rights-of-way
but not private views on private property. She addressed the existing public views to be protected.
tv
Vice Chair Hillgren commented on predominant line development and wondered how it would
apply to the proposed project.
Mr. Campbell noted that it depends on the perspective and what areas need to be protected. He
added that in this case, stringlines do not lend themselves to do so. He added that staff looks at
existing development to determine consistent or similar patterns of development and strives to
obtain parity with existing blocks. In this area, he reported that there are two distinct blocks.
Chair Toerge addressed existing development at the end of the block and noted development that
exceeds stringlines.
Mr. Campbell presented photographs illustrating accessory structures. He noted that certain
features have been allowed beyond accessory structures.
Discussion followed regarding accessory structure limits and the possibility of developing beyond
accessory structure limits, other policies and applicable codes that may affect areas of
improvement and the possibility of allowing development of other elements (i.e., gardens) down in
the gully.
Chair Toerge invited the applicant to address the Planning Commission at this time.
Page 6 of 11
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NEWPORT BEACH PLANNING COMMISSION MINUTES
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Deborah M. Rosenthal, representing Diane Knight, owner of the property at 312 Hazel Drive,
reported that this has been a difficult journey and hoped that the matter will be resolved. She
reported preparing and distributing copies of a PowerPoint presentation and addressed a brief
history of the property including previous building permits and findings, subsequent decisions and
establishment of a line of development for principal structures and subsequent actions and
requests by the applicant including reissuance of the same building permit as previously granted.
She reported that there have been no changes in governing regulations between 2008 and 2013,
that there is no predominant line of development that has been adopted and that the implementing
plan has not been adopted. She addressed property specifications, remodel of surrounding
homes, and location of the lot and consideration of environmentally sensitive areas. Ms. Rosenthal
indicated that most of the homes include development extending into the gully and presented
examples of surrounding properties with same. She noted that the topography differs among lots;
that development, as defined by the Coastal Act extends into Buck Gully and that development
includes any form of land alteration and that this is considered development under the Coastal
Land Use Plan.
Ms. Rosenthal continued presenting views of other developments and properties in the area and
stated that the requested development line is in accordance with the previously -issued building
permits adding that they were also considered consistent with the General Plan and Coastal Land
Use Plan policies. She mentioned that the City's definition of accessory structures includes pools
and that much of the existing developments would not be allowed under that interpretation. Ms.
Rosenthal addressed Criteria No. 7, specifically, relative to determining consistency with the
General Plan and stressed that there was a factual finding in 2007, that this project was consistent
with the General Plan. She reiterated her request and presented possible options. She addressed
the predominant line of development previously approved, accessory structures, varying views,
challenges with using the stringline approach, reflecting existing topography and other construction
in the area.
In response to Vice Chair Hillgren's inquiry, Ms. Rosenthal reported considering the topography of
surrounding homes in conjunction with their sizes as well as comparable lots, relative distances
and transitional lots.
Dr. Ou reported that his permit expired last year and that he was advised that it would not be
reinstated. He asked if there has been any change in the existing codes and stated that the same
staff that issued the permit informed him that it cannot be reissued.
Interested parties were invited to address the Planning Commission on this matter.
Gloria Tomer, owner of 320 Hazel, stated that she and her husband bought the house with an
ocean view and expressed concerns over increased development in the area. She hoped that her
view or access will not be negatively impacted.
Michelle Brown, Realtor for Dr. Ou, addressed the risk of views being blocked by development and
commented on the efforts and costs expended by the applicants in this matter. She urged the
Planning Commission to establish equitable guidelines.
Jim Mosher addressed Coastal Land Use Plan provisions and the constraints of developing
adjacent lots. He commented on the Coastal Commission's definition of stringline and felt that
topography is not being respected. He referenced the Coastal Act, the need for permits to remove
vegetation and the need for consistency to the Zoning Code in order to qualify for exemptions.
There being no others wishing to address the Planning Commission, Chair Toerge closed the
public hearing.
Page 7 of 11
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NEWPORT BEACH PLANNING COMMISSION MINUTES
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Vice Chair Hillgren addressed the Planning Commission's responsibility, stated that the language
in the policy is clear and addressed the Planning Commission's jurisdiction and scope.
Commissioner Kramer felt that the matter is unclear, that the language is inconsistent and that
Criteria No. 7 does not replace any others and that the City should be held to a consistent
determination on the same lot. He addressed setbacks, predominant line of development and
related inconsistencies. Commissioner Kramer noted that nothing has changed to make the
previous determination, inconsistent.
In response to an inquiry from Vice Chair Hillgren, Commissioner Kramer addressed considering
similarly -situated structures, not just adjacent properties. He noted that the applicants' plans were
previously approved and that nothing has changed to affect the previous determination.
Ms. Mulvihill clarified the approach and considering that there are two properties. She stated that
when the development determination was made, it was made clear that it was being done under an
interim ordinance which would be terminated as soon as the Zoning Code was adopted and
updated. She stated that it is staffs and the City Attorney's office position that to go beyond
adjacent corners with existing structures, is not consistent with the General Plan.
Discussion followed regarding the application process for the two properties together and
considering the two properties as a whole and fairly.
Chair Toerge commented on the previous determination need for fairness to the
community and consistency.
Vice Chair Hillgren expressed his hope that the matter will result in an appropriate policy to
address this matter.
Chair Toerge addressed an upcoming meeting of a Sub -Committee where those policies will be
addressed.
Motion made by Chair Toerge and seconded by Commissioner Kramer and carried (6 — 1), to adopt a
resolution modifying the decision of the Community Development Director establishing canyon
development stringlines for principal and accessory structures at 312 Hazel Drive pursuant to
General Plan Policy NR23.6 and Coastal Land Use Plan Policy 4.4.3-18; and adopt Resolution No.
modifying the decision of the Community Development Director and establishing canyon
development stringlines for principal and accessory structures at 316 Hazel Drive pursuant to
General Plan Policy NR23.6 and Coastal Land Use Plan Policy 4.4.3-18 and incorporating the
correct meeting date into the resolution.
AYES: Ameri, Brown, Hillgren, Kramer, Myers, and Toerge
NOES: Tucker
RECESS AND RECONVENE
Chair Toerge called for a recess at 9:29 p.m. The assembly reconvened at 9:40 p.m. with all
Members, present.
Page 8 of 11
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NEWPORT BEACH PLANNING COMMISSION MINUTES 4/18/13
ITEM NO. 5 2014-2021 HOUSING ELEMENT UPDATE (PA2012-104)
Site Location: Citywide
Chair Toerge reported receiving late correspondence regarding the aforementioned item and
stated that he did not have sufficient time to review all of the information provided.
Motion made by Commissioner Kramer, to continue the item until the next regular meeting of the
Planning Commission.
Commissioner Tucker reported reviewing the information and sugge _ cussing the issue.
Associate Planner Jaime Murillo commented on the need to maintain the timeline for consideration
of the item by other groups and jurisdictions in order to meet the required deadline and the
consequences of not meeting the deadline.
Ms. Mulvihill reported reviewing the supplementaltorr nication Nnted thatthe City
Attorney's office does not feel that there is anything in the letter that wt the Planning
Commission from taking action at this time.
Chair Toerge commented on the importance of establishing a policy that i0rormation to be
considered at a public hearing needs to be submitted in a fashion that would allow the Planning
Commission to review it.
Secretary Ameri seconded the motion the floor.
Substitute Motion made by Commissioner Tucker, to have a discussion on this item and then
consider the issue of continuance. Vice Chair Hillgren seconded the substitute motion which
carried (4 — 3).
AYES: Brown, Hillgren, Toerge, and Tucker
NOES: Ameri, Kramer, and Myers
Commissioner Tucker clarified the content of the email received and noted the need for providing
housing for all segments of the community through exclusionary zoning. He inquired regarding
RHNA requirements.
Mr. Murillo noted that the City was able to show how it is accommodating regional housing needs
and addressed RHNA carry-overs through housing cycles. He addressed creation of an overlay in
the airport area and creation of a zoning designation that accommodates lower income needs.
Discussion followed regarding consequences to being historically short of lower-income units,
requirement differences between planning periods, other needs within the Housing Element and
programs in place to meet existing housing needs.
In response to Commissioner Tucker's inquiry, Mr. Murillo noted that the General Plan sets forth
planning for a thirty-year period.
Ensuing discussion followed regarding flexibility in the Affordable Housing Implementation Plan
and goals within the Housing Policy.
Interested parties were invited to address the Planning Commission on this matter.
Page 9 of 11
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NEWPORT BEACH PLANNING COMMISSION MINUTES
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Mike Balsamo, BIA of Orange County, expressed support housing for all segments of the
community but stated that inclusionary zoning is not a free-market solution and highlighted points
expressed in his letter. He reported that inclusionary zoning is not a requirement for the approval
of a jurisdiction's Housing Element. He addressed the RHNA goal and felt that inclusionary
housing is a barrier towards the production of affordable housing and listed other challenges with
inclusionary zoning as well as a related on-going legal case. He suggested that the City remove
the mandate and allow for a more fluid, voluntary process.
Vice Chair Hillgren commented on the challenges with fees.
In response to an inquiry from Vice Chair Hillgren, Mr. Balsan
facilitate the process and provide incentives for development.
Commissioner Tucker addressed expediting
benefits of the density bonus.
Mr. Balsamo commented on the Newport Banning Ranc
forth the density bonus for a certain level of affordability.
that could be taken to
regarding the
State law sets
Jim Mosher commented on the interchanging of "elderly" and "senior" and suggested using the
latter throughout the Housing Element. He noted that development has been restricted in the City
by the "Green Light" provision and commented about that restriction not being included within the
Housing Element. Additionally, he indicated that the old City;; II parcel was not included within
the element as the possible location of a future housing opport
There being no others wishing to address the Planning Com sion, Chair Toerge closed the
public hearing.
Discussion followed regarding typographical errors within t?document.
Commissioner Kramer withdrew his original motion.
Motion by Commissioner Tucker and seconded by Commissioner Brown to recommend the City
Council authorize submission of the draft of the 2014-2021 Housing Element Update to the
Department of Housing and Community Development.
Vice Chair Hillgren 'asked Commissioner Tucker if he would consider adding a recommendation
that The City Council look at the fees charged to ensure consistency with the market.
Ms. Mulvihill reported that The City Council does not review the in -lieu fees which were set in 2010.
The Planning Commission could recommend that The City Council revisit the fees.
Mr. Murillo commented on inclusionary housing fees noting that they would adjust, based on the
changes of new home prices.
Vice Chair Hillgren indicated the desire to ensure that fees do not keep the City from generating
more housing units.
Discussion followed regarding programs in place requiring periodic review of the Housing
Ordinance and related constraints.
Commissioner Tucker stated he would not agree to include additional language to his motion.
Page 10 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES
The motion carried (7 — 0).
AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker
NOES: None
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION - None
ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
4/18/13
Ms. Wisneski reported on a recent The City Council study session where lot mergers were
considered and addressed The City Council direction. She reported that the issue will be
presented by the Planning Commission for detailed consideration. In addition, she announced the
upcoming Civic Center grand -opening celebration.
It was suggested that the Planning Commissioners Commission review the study session where lot
mergers were discussed in order to obtain clarification of The City Council's expectations.
ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT
Brief discussion ensued regarding items for future agendas and the dates of upcoming elections.
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
Commissioner Kramer reported that he will be gone the entire month of June.
Commissioner Tucker indicated that he will not be attending the Planning Commission meeting of
May 9, 2013.
IX. ADJOURNMENT
There being no further business to come before the Planning Commission, the meeting was
adjourned at 10:28 p.m.
The next regular meeting of the Planning Commission is scheduled for May 9, 2013, at 6:30 p.m.
Page 11 of 11
39
40
Attachment No. CC 4
April 18, 2013, Planning Commission
Resolution
41
42
RESOLUTION NO. 1913
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING CONDITIONAL USE
PERMIT NO. 2011-011 TO UTILIZE AN OFF-SITE PARKING LOT
AT 445 OLD NEWPORT BOULEVARD FOR AN EXISTING
COMMERCIAL OFFICE BUILDING LOCATED AT 441 OLD
NEWPORT BOULEVARD (PA2011-056)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Bral, with respect to property located at 441 Old
Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 80-719, in the
City of Newport Beach, County of Orange, State of California, as shown on a map filed in
Book 163, Pages 31 and 32 of Parcel Maps in the office of the Orange County Recorder
requesting approval of a conditional use permit.
2. The applicant proposed a conditional use permit to reduce the required off-street parking
and to utilize an off-site parking lot. The project proposes to utilize the recently renovated
commercial office building (11,540 square feet) for medical office and to provide 51 of the
56 required parking spaces (a reduction of five required spaces). Forty-four spaces
would be on-site and seven spaces would be provided on the abutting property to the
north at 445 Old Newport Boulevard which is developed with a restaurant that is
presently vacant.
3. The subject property is located within the Office General (OG) Zoning District and the
General Plan Land Use Element category is General Commercial Office (CO -G).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on September 6, 2012, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
6. At the September 6, 2012, meeting the Planning Commission denied the application
request pursuant to Resolution No. 1892.
7. On September 19, 2012, the applicant appealed the Planning Commission's decision to
deny the entitlement request to allow a reduction in the required off-street parking and to
utilize an off-site parking lot for a recently renovated commercial building that proposes a
medical use. Subsequent to the Planning Commission's action on the project, the
applicant has modified the project by securing the off-street parking with the ability to
renovate an off-site lot for parking purposes through a private agreement and providing
43
Planning Commission Resolution No.
Paqe 2 of 3
the minimum required parking spaces for the proposed medical use. Therefore, the
entitlement request has changed to a use permit for off-site parking rather than a use
permit for a parking waiver and for off-site parking.
8. A public hearing was held on March 26, 2013, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
9. At the March 26, 2013, hearing, the City Council took staff's recommendation and
directed the Planning Commission to review and take action on the application which
has been revised to provide the minimum required parking spaces for the proposed
medical use of the commercial building through off-site parking, pursuant to Zoning
Code Section 20.40.100.
10. A public hearing was held on April 3, 2013, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. At the April 3, 2013, hearing, the
Planning Commission continued the continued this item to the April 18, 2013 hearing.
11. A public hearing was held on April 18, 2013, in the City Hall Council Chambers, 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission
at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. FINDINGS FOR DENIAL.
1. The availability of the off-site parking lot at 445 Old Newport Boulevard is inadequate
due to the current condition of the off-site lot with the dilapidated structures, the off-site
lot being in bankruptcy court and the Reciprocal Easement Parking Agreement is not
exclusively granted to the applicant.
2. The applicant provided a copy of a Reciprocal Easement Parking Agreement to
establish the rights to use 445 Old Newport Boulevard for off-site parking. There are
inconsistencies within the Reciprocal Easement Parking Agreement such as the
location and the number of parking spaces. In addition, the Reciprocal Easement
Parking Agreement does not establish that the off-site parking will be available
permanently.
3. The uncertainty of the future use of the off-site lot compromises the long-term
availability of the parking for the proposed medical office use. If the lot changed to a
Tmplt: 04/14/10
44
Planning Commission Resolution No.
Paqe 3 of 3
use that did not have off -set hours of use to the proposed medical use, this could
affect the Reciprocal Parking Easement Agreement and the availability of off-site
parking spaces for the medical tenants occupying the building at the time. Monitoring
the use and requiring a reduction in the use should the parking become unavailable in
the future is unrealistic and difficult to maintain.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit Application No. UP2011-011.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF April, 2013.
AYES: Brown, Hillgren, Kramer, Myers, Toerge, and Tucker
NOES: Ameri
ABSTAIN: None
ABSENT: None
go
WA
Michael Toerge, Chairman
Fred Ameri, Secretary
Tmplt: 04/14/10
45
40
Attachment No. CC 5
April 18, 2013, Planning Commission
Staff Report
47
42
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 3, 2013
Agenda Item No. 3
SUBJECT: 441 Old Newport Medical Office Building - (PA2011-056)
Conditional Use Permit No. UP2011-011
APPLICANT: John Bra[
PLANNER: Melinda Whelan, Assistant Planner
(949) 644-3221, mwhelan(c)newi)ortbeachca.gov
PROJECT SUMMARY
The applicant requests approval of a Conditional Use Permit to allow off-site parking.
The applicant has secured the ability to improve the adjacent property at 445 Old
Newport Boulevard to accommodate a total of 13 parking spaces during the day.
Combined, the proposed on-site and off-site parking spaces will provide the minimum
parking spaces required by the Zoning Code for medical uses.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ Approving Conditional Use Permit No. UP2011-011
(Attachment No. PC 1).
49
441 Old Newport Medical Office Building
April 3, 2013
Page 2
LOCATION
VICINITY MAP
ZONING
CURRENT USE
I
General Commercial
Office CO -G
Office General (OG)
a
NORTH
w
OG
Vacant Restaurant
SOUTH
Off-site Parking
OG
Existin Office
„s Location
CO -G
OG
Existing Residential
WEST
[± Proposed
<a>72
Overlooks Newport Blvd.
Medical �;
�. ].z _, ` „ m 446"-
Office ,.�
ag 78
cL i
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9 N+ 7
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18
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ZONING
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44
11
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON-SITE
General Commercial
Office CO -G
Office General (OG)
Vacant General Office
NORTH
CO -G
OG
Vacant Restaurant
SOUTH
CO -G
OG
Existin Office
EAST
CO -G
OG
Existing Residential
WEST
N/A
N/A
Overlooks Newport Blvd.
50
441 Old Newport Medical Office Building
April 3, 2013
Page 3
Project Setting
The subject commercial property is located north of Hospital Road on Old Newport
Boulevard. The site is approximately 23,080 square feet and is developed with a
11,540 -square -foot building formerly occupied by general office uses and is currently
being renovated. The rear of the property overlooks Newport Boulevard. The property to
the north is developed with a vacant restaurant and accessory building. The property to
the south is developed with a commercial office building and a freestanding commercial
retail building. Directly across Old Newport Boulevard, to the east, is a mix of homes on
commercially zoned lots and general commercial and office buildings.
Background
Planning Commission
On September 6, 2012, the Planning Commission considered the request for
Conditional Use Permit No. UP2011-011, to waive 5 off-street parking spaces and to
allow 7 spaces to be located on the adjacent property at 445 Old Newport Boulevard
(vacant restaurant). Approval would have allowed the building to be converted to
medical office. A parking management plan that included a valet parking service was
also proposed.
The Commission was concerned with the documentation claiming less parking demand
would be generated by the proposed medical office and with the proposed off-site
parking location. At the time the property at 445 Old Newport Boulevard was in
bankruptcy court and its deteriorated physical condition compromised access to the
parking. The Planning Commission also questioned the validity of the off-site
agreement. As a result, the Commission was unable to make the required findings and
denied the Conditional Use Permit request. The Resolution of Denial, found in
Attachment No. PC 2, includes findings for denial made by the Commission.
On September 19, 2012, the applicant appealed the Planning Commission's denial of
Conditional Use Permit No. UP2011-011.
City Council
Subsequent to filing the appeal, the applicant modified the project, eliminating the need
for a parking waiver. At the March 26, 2013, the City Council determined that the project
revisions were significant and directed staff to take the project back to the Planning
Commission for review and action.
51
441 Old Newport Medical Office Building
April 3, 2013
Page 4
Analysis
General Plan
The property is designated with a General Plan land use of General Commercial Office
(CO -G) which is intended to provide for administrative, professional, and medical offices
with limited accessory and retail uses. The proposed medical office use is consistent
with the intent and goals of this designation.
Zoning Code
The property has a Zoning designation of Office General (OG) 0.5 FAR (floor area ratio)
which is intended to provide areas for administrative, professional, and medical offices
with limited retail uses. Medical office uses are permitted by -right in this zoning district.
With the exception of the required off-street parking, the development complies with the
floor area ratio height, setbacks, and other standards of the Zoning Code.
Off-site Parking
A private Reciprocal Parking Easement Agreement (Attachment No. PC 3) authorizes
the subject use to utilize 445 Old Newport Boulevard, the abutting property to the north,
for parking. Essentially the Agreement allows the office site to use the restaurant site for
parking during the day and the restaurant site to use the office site for parking in the
evening. The Agreement runs with the property and is binding upon change in
ownership. So that the City can monitor the availability off-site parking, Condition of
approval No. 6 requires the applicant to notify the City of a change of ownership, use or
access to the parcel where the off-site spaces are located, or of any termination or
default of the Agreement between the parties. Condition of approval No. 7 states that if
the agreement is terminated, substitute on- or off-site parking must be provided
pursuant to review by the Community Development Director or there must be a
reduction in the medical office use in proportion to the parking spaces lost. If the off-site
parking is lost then the applicant would have the following options: limit the medical
office use to 20 percent of the gross square footage of the office building leaving the
remainder of the office building to be used by general office or a use with an equal or
lesser parking demand, build a parking structure or underground parking on-site, or find
another off-site parking location.
Although the 445 Old Newport Boulevard property is in the Bankruptcy court
proceedings, recent updates from the bankruptcy lawyers indicate that the property will
be awarded to the original owner. The original owner of 445 Old Newport Boulevard is
aware and in agreement with the proposed project and has signed the application.
Through the Reciprocal Parking Easement Agreement, the owner of 441 Old Newport
Boulevard (proposed medical office building) has the right to improve the abutting
property at 445 Old Newport Boulevard with a parking lot that provides a minimum 13
52
441 Old Newport Medical Office Building
April 3, 2013
Page 5
spaces. The improvements include grading, paving and the demolition of a storage
shed to provide a renovated and expanded parking lot that will meet current City -
approved standards. A pedestrian and disabled accessibility path of travel is provided
between the abutting properties which has been reviewed by the City Traffic Engineer
and the Building Division, and a final approval will be required prior to permit issuance.
Condition of approval No. 8 states that improvements at 445 Old Newport Boulevard
shall be completed prior to medical office uses occupying the building at 441 Old
Newport Boulevard.
Findings for Approval
Off-site Parking Findings for Approval
Pursuant to Section 20.40.100 B., to approve off-site parking, the Planning Commission
shall make the following findings in addition to those required for the approval of a
conditional use permit (see following section for conditional use permit findings):
1. The parking facility is located within a convenient distance to the use it is
intended to serve;
2. On -street parking is not being counted towards meeting parking requirements;
3. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area; and
4. The parking facility will be permanently available, marked, and maintained for
the use it is intended to serve.
The off-site parking located at 445 Old Newport Boulevard is abutting the subject
property to the north. The use of on -street parking for the proposed medical use is not
proposed. Due to the proximity to the off-site parking, the creation of traffic hazards or
negative impacts is not anticipated. The existing Reciprocal Parking Easement
Agreement (Attachment No. PC 3) calls for the restaurant site (445 Old Newport
Boulevard) to have parking available for the subject office use (441 Old Newport
Boulevard) during the office business hours and for the office site to have parking
available for the restaurant use during restaurant hours. Upon termination of the
agreement the size or capacity of the medical use shall be reduced in proportion to the
parking spaces lost or other parking spaces must be secured.
Conditional Use Permit Findings for Approval
Pursuant to Section 20.40.100 A., the Planning Commission may approve or
conditionally approve a conditional use permit for these types of parking requests only
after first finding all of the following per Section 20.52.20 (Conditional Use Permits):
1. The use is consistent with the General Plan and any applicable specific plan;
153
441 Old Newport Medical Office Building
April 3, 2013
Page 6
2. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity;
4. 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; and
5. 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.
Due to the proximity to Hoag Hospital, medical office buildings are common along Old
Newport Boulevard. Medical offices are consistent with the CO -G General Plan land use
designation and are allowed by -right within the OG zoning district. The proposed off-site
parking is in a convenient location and permanently available as required by Code.
Vehicle circulation has been reviewed by the City Traffic Engineer and a final parking
plan is required to be approved prior to permit issuance for the medical office and the
off-site parking lot improvements.
Summary
With the availability of off-site parking spaces, and compliance with the conditions
placed upon the use of the site the proposed off-site parking provides sufficient and
reliable parking to meet the minimum code requirements for the proposed medical office
use. After a thorough review of the proposal and issues, staff believes the findings can
be made and a draft resolution for approval is provided as Attachment No. PC 1.
Alternatives
If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission should deny the application and adopt
the draft resolution for denial (Attachment No. PC 4). Denial would require the property
owner at 441 Old Newport Boulevard to maintain the building with a general commercial
office use or a use that would require a 1 space per 250 square feet or less parking
demand.
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). The medical
54
441 Old Newport Medical Office Building
April 3, 2013
Page 7
use would occupy an existing general office building and utilize existing parking lots that
are being renovated with no or neglibile expansion of use.
Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
Prepared by:
Submitted by:
Melinda Whelan Br n a Wisnes i, rlCP, Deputy Director
Assistant Planner
ATTACHMENTS
■
-1SWA M ■ Lk -
55
150
Attachment No. CC 6
April 18, 2013, Planning Commission
Correspondence
57
Item 3a: Additional Materials Received
Planning Commission April 18, 2013
441 Old Newport Medical Office Building (PA2011-056)
April 1, 2013
To the members of the Planning Commission
This is in reference to the planned change in parking requirements for the office building at 441 Old
Newport Blvd. This building is approximately 11,500 ft.', but there are only 44 onsite parking spaces.
This does not meet the city's criteria for even a commercial office building, let alone a medical office
building. In orderto come close to the requirements to park it as a medical building, they are going to be
parking in a lot next-door. This is currently an abandoned restaurant.
We are the owners of medical office buildings on either side of this proposed medical office building (at
415 and 455 Old Newport Blvd.) and we can attest to the fact that there is a severe parking problem
here. Many of the neighboring businesses do not have adequate parking and there are only 7 total
public parking spaces on the street. As result, we are constantly "shooing" people out of our parking
lots when they are unable to find parking in nearby office buildings and restaurants.
We have several problems with this current proposal: No one will ever park in that abandoned building
lot owned by the Soffers; it is unpaved, unkempt, and it currently looks like a "haunted house". After
the patrons circle the inadequate 441 lot and cannot find a parking space, they will simply look for a
well tended, paved lot to park in- which would be one of our lots. As you stated before, the 441 parking
arrangement is not "permanent nor marked". How would that qualify as a solution to the 441 parking
problems?
We also have grave concerns that someday (hopefully sooner than later) the abandoned restaurant will
be either torn down to make way for an office building or will be reopened as a restaurant.
Unfortunately for everyone, the patrons of that new office building or restaurant will claim those
parking spots and that parking will no longer be available to the 441 patrons. Then what? Will the
Planning Commission force medical renters to leave the building? Someone stated that a future
restaurant at the Soffersite would be "only open at night". First of all, we have no assurance that that is
the case. Secondly, even if it was opened only at night, restaurant staff would have to be there early in
the day to prep for service and restaurants that are open "only the evening", usually open before 5 PM
when you would expect medical office traffic to still be using the parking. We don't see any change to
the problems that led to the Planning Commission turning this project down the first time. The
agreement seems unchanged, except for the fact that the old agreement was signed by Sid Soffer who
passed away years ago and the new agreement is signed by his widow. The property is still in
bankruptcy, no paving or other improvements have been made and nothing is guaranteed to be done.
We had to "follow the rules" in building our office buildings, and as a matter of fact were limited to
partial medical/partial commercial at the 445 building due to required code parking restrictions; as were
the others who did construction in the area. We request that this office building at 441 be required to
provide the adequate permanent parking required by code for all buildings. And that they not be
allowed to break the rules and impose hardship on the rest of the buildings in our area.
`59
Correspondence
Item No. 3c
Melinda 441 Old Newport Medical Office Building
From:
Sent: Thursday, April 18,201312:35 PM
To: Whelan, Melinda
Subject: 114
Melinda thank you for your time & help. I can't attend the hearing tonite. I wish the best
result -For John Bral. One thing I he
I
00
Whelan, Melinda
From:
Sent: Thursday, April 19, 2013 12:35 PM
To: Whelan, Melinda
Subject: 214
ve to mention, the parking agreement I signed with john is not valid since I'm still under
bankruptcy court. My attorney confir
01
Whelan, Melinda
From:
Sent: Thursday, April 18, 2013 12:35 PM
To: Whelan, Melinda
Subject: 3/4
med I 'm not authorised to sign any legal matter documents about 445 old newport. I hope it
won't affect John's agenda but I ha
0
Whelan, Melinda
From:
Sent: Thursday, April 18, 2013 12:35 PM
To: Whelan, Melinda
Subject: 4/4
ve •to follow bankruptcy rule. It should settle in 2-3 month. Michiko
03
AIDAN A. RANEY, M.D.
DOUGLAs R. ZUSMAN, M.D.
COLIN I. JOYO, M.D.
JAcpuEs KPODONU, M.D.
ANTHONY D. GAPPARELLI, M.D.
April -3,_2013—
City of Newport Beach
Planning Commission
City Council Chambers
330D Newport Boulevard
Newport Beach, CA 92663
GARDIOVASOULAR AND THORACIC SURGERY
447 OLD NEWPORT BOULEVARD, SUITE 200
NEWPORT BEACH, CALIFORNIA 926(33
TELEPHONE (949) 650-3350
FACSIMILE (949) 650-1274
VFGEIVEp 4Y
OObfMUNIT y
APR
03 2013
0 DEVELOPMENT
Okp �G
NEWPORT
RE: April 3, 2013, Planning Commission Agenda Item #3 —441 Old Newport Medical Office Building —
(PA2011-056) Conditional Use Permit No. UP2011-011
Dear Commissioners:
We respectfully request the denial of the above referenced application for a conditional use permit. The
staff report is making a favorable recommendation that the conditional use permit be approved based
on temporary solutions to a permanent problem. We are requesting a denial based on the following
facts:
1. Page 4 of the staff report discusses the Reciprocal Parking Easement Agreement with the
property owner at 445 Old Newport Boulevard. On April 3, 2013 at 2:35pm we spoke with the
bankruptcy attorney, Mr. Sheldon Herbert, who confirmed that the property is still in
bankruptcy proceedings. While he does believe that the property will be awarded to the
original owner the proceeding have not yet been finalized. Furthermore, the original owner, Sid
Soffer, passed away in 2007. Therefore, the property would be subject to probate court if in
fact it is awarded back to the original owner.
2. Neither the staff report nor the Reciprocal Parking Easement Agreement addresses the
dilapidated condition of the "main" structure on the property. The restaurant that existed was
closed several years ago and the building has fallen into complete disrepair (see attached
photographs). There are feral cats and rodents on the property. The windows to both the
restaurant and shed have been broken and were only recently boarded up. The only
improvements discussed in the report relate to paving and grading as well as demolition of the
storage shed. There is no discussion of main building and the potential safety hazards it poses
due to the current condition of the structure.
3. The Reciprocal Parking Easement Agreement discusses the use of the property at 445 Old
Newport as though it was a viable, functioning restaurant. In fact, no restaurant exists—just an
old broken-down building that requires demolition. If Sid's family were able to take ownership
of the property at 445 Old Newport and they were able to open a new restaurant, their hours of
FELLOWS AMERIGAN GOLLEGE OF SURGEONS
DIPLOMATES AMERIGAN BOARD OF SURGERY ANL THORA.GIG SURGERY
04
operation would need to be such that they do not interfere with the daytime parking
requirements of the property at 441 Old Newport; meaning the restaurant could not open for
business until after 6:00p.m. Is the City of Newport Beach going to monitor the parking
situation when these hours of operation inevitably conflict?
4. In the staff report, Facts in Support of Finding, #2, one of the required conditions of approval
relates to the applicant notifying the City if there are any changes to the off-site parking lot. If
these changes occur after the property at 441 Old Newport has long-term lease agreements in
place, how will the City enforce the reduction of medical office use in proportion to the lack of
parking spaces?
5. If the property at 445 Old Newport is improved, where will all the additional cars park during the
construction term?
As owners of the property at 447 Old Newport Boulevard, we are very concerned that our parking lot
will be negatively impacted if this permit is approved. We are requesting that the applicant be held to
the same requirements for parking as the other operating businesses in the area. Granting approval of
the applicant's request for this conditional use permit would provide a temporary solution favoring the
property at 441 Old Newport Boulevard while creating a permanent problem for the surrounding
property owners that have complied with the parking requirements the City of Newport Beach. We urge
you to reconsider the staff recommendation and require 441 Old Newport to remain commercial, not
medical or find a parking solution that is permanent and without conditions.
Thank you for your time.
Sincerely,
Aidan A. Raney, M.D. Ann G. Raney
4
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Plans
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Attachment No. CC 8
Reciprocal Easement Parking Agreement
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74
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO AND
MAIL TAX STATEMENTS TO:
Ocean View Medical Investors LLC
tint
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c/o V�ML(re. ee UCuP
2foot 06i %beet i Sl,iiC� 5100
Trvtrte. CA gdtaiLl
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TMs document Is being recorded as an
OccOmedatl0n only and no Nabalty is
assumed by Investors Title Company
ae to the vattdffy and effect of U45
document.
his Document was electronically recorded b�
Investors Yorba UndO
ecorded In Ofticlal Records Oran eg County
om Daly, Clerk-Recorde
AMMIMM pig( 39.00
2007000571284 11:52am 0911910
117 92 E021%
0.00 0.00 0.00 0.00 33.00 0.00 0.00 0.
line for Recorder's use
APN NOS. 425-271-12 and 425-271-17
RECIPROCAL EASEMENT AGREEMENT
(PARKING)
AND RIGHT OF FIRST REFUSAL
'I'I-IIS RECIPROCAL EASEMENT AGREEMENT AND RIGHT OF FIRST REFUSAL
entered into this first (I51) day of July, 2005, by and between Ocean View Medical Investors
LLC, a California limited liability company ("Ocean View") and Sidney Soffer, an individual
("Soffer"). The intent of the parties is to create a reciprocal easement for the benefit of both
parties.
EXPLANATION OF THE INTENT OF THIS RECIPROCAL AGREEMENT
In order for Ocean View to enjoy full use of its property, it is necessary to convert the present
"office" spaces to "Medical Offices". Because of the Newport Beach Code Requirements
pertaining to parking that were revised for Medical Offices that took place and became effective
during Ocean View's Escrow period for the purchase of property `B", Ocean View now has
insufficient parking for the conversion from "Offices" to "Medical Offices". Soffer's property
"A" hits sufficient 'legal" parking for Sid's Restaurant but insufficient barking from a practical
standpoint. In the past, parcel "B" had sufficient required parking for its daytime hours of
operation and the offices were closed at night and therefore dill not use its parking except for the
daytime hours. Soffcr, on the other hand, had little need for additional daytime parking but had a
great need for additional nighttime parking. Soffer's patrons, in most cases without owner's
permission, used. the empty parking spaces of parcel "B" and also the parking spaces across the
street as well as the available on street parking on Old Newport. To accommodate the additional
parking requirements for Ocean View's conversion to "Medical Offices", Ocean View has
proposed through this agreement to have the use for parking the additional required vehicles on
the rear of Soffer's "A" lot during the daytime hours, In exchange, Ocean View offers the
nighttime use of its unused parking for Soffer's use. In addition, Ocean View has offered and
proposes through this agreement to pave, provide required lighting and maintain the now unused
and undeveloped rear of property "A", Ocean View's proposal is for a period of forty-five (45)
years, This will encumber Soffer's property beyond any reasonable foreseeable time, but it has
been discussed between Ocean View and Sid Soffer that the best future use for Soffer's "A"
property would be to combine it with one of the adjoining properties. The property to the North
is completely developed with a new building and has all of the required parking, and although
has offered to purchase Soffer's "A" parcel, because of the additional requirement for parking on
Ocean View's parcel "B", Ocean View would be the logical purchaser. It is likely, and expected
that Soffer would therefore receive more than market value from Ocean View, It is foreseen by
Soffer that the additional money above fair market value that Ocean View would pay Soffer
should be fair compensation for Soffer's inability to further develop his underdeveloped property
during the forty -five -(45) year period that Ocean View proposes.
WITNESSETH:
WHEREAS, Ocean View is the owner of a fee simple estate in that certain parcel of real
property located in the County of Orange and State of California more particularly described in
Exhibit B attached hereto and incorporated herein (said parcel being hereinafter referred to as
"Parcel B"); and
WHEREAS, Soffer is the owner of a fee simple estate in that certain parcel of real property
located in the County of Orange and State of California more particularly described in Exhibit A
attached hereto and incorporated herein (said parcels being hereinafter referred to as "Parcel A")
which Parcel B is adjacent to Parcel A; and
WHEREAS, the parties hereto desire to enter into this Reciprocal Easement Agreement for
the joint use of walking, parking, and driving areas in Parcel A and Parcel B, as more particularly
shown on the site plan attached hereto as Exhibit C (the "Site Plan") and for the joint rights of
access to, and ingress and egress and surface water drainage over and across such areas;
NOW THEREFORE, in consideration of the mutual benefits to be realized by such joint use,
the mutual agreements set forth herein the parties hereto do hereby agree as follows:
1. Ocean View does hereby establish, give, grant, and convey to Soffer, his respective
successors, successors -in -title, and assigns, and the tenants, customers, employees, and
invitees of such parties, a non-exclusive easement appurtenant to Parcel A for passage and
use for the purpose of ingress and egress to and from Parcel A over Parcel B, and for the
purpose of walking upon and driving and parking vehicles upon and across all those
sidewalks, entrances, drives, lanes, and parking areas in Parcel B which are now or may
hereafter from time to time be used for pedestrian and vehicular traffic and parking as is not
within the building area shown on the Site Plan which non-exclusive easement is limited
2
115
70
solely to the hours between 7:00 p.m. and 3:00 a.m. each day.
2. Soffer does hereby establish, give, grant, and convey to Ocean View, its successors,
successors -in -title, and assigns and the tenants, customers, employees, and invitees of such
parties, a non-exclusive easement appurtenant to Parcel B for passage and use for the purpose
of ingress and egress to and from Parcel B over Parcel A for the purpose of walking upon and
driving and parking for twenty-four (24) full-sized vehicles upon and across all those
sidewalks, entrances, drives, lanes, repair the wall, and parking areas in Parcel A which are
now or may hereafter from time to time be used for pedestrian and vehicular traffic and
parking as is not within the building area, if any, shown on the Site Plan and is limited to the
rear portion of Parcel A shown on the site plan.
3. In connection with the grant of the reciprocal easements contained herein, and in order
to make such easements effective for the purposes contained, Ocean View and Soffer do
further agree as follows:
(a) All buildings constructed on Parcel B shall be constructed entirely within the area
shown on the Site Plan as 'Building Area -Parcel B." At all times during the term of this
Agreement except as long as there is sufficient parking as per City code and regulation
without affecting the reciprocal parking number available to both parcels, Parcel B shall
contain paved parking spaces for at least 35 full-sized automobiles and passenger trucks,
subject to reduction in such number by virtue of condemnation or eminent domain. All
driveways and entrance ways on Parcel B which are crosshatched on the Site Plan shall
be constructed and maintained by the owner of Parcel B, subject to closings or takings by
governmental authorities.
(b) All buildings constructed on Parcel A shall be constructed entirely within the area
shown on the Site Plan as 'Building Area -Parcel A." At all times during the term of this
Agreement except as long as there is sufficient parking as per City code and regulation
and without affecting the reciprocal parking number available to both parcels, Parcel A
shall contain paved parking for at least 24 full sized automobiles and passenger trucks,
subject to reduction in such number by virtue of condemnation or eminent domain. All
driveways and entranceways on Parcel A which are crosshatched on the Site Plan shall be
constructed and maintained by the owner of Parcel A, subject to closings or takings by
governmental authorities.
(c) No party hereto shall, at any time prior to the termination of the easements herein
granted, erect or construct, or cause to be erected or constructed, any fence, wall, curb, or
other barrier which would in any manner interfere with or restrict the full and complete
use and enjoyment by any party of the easements herein granted provided, however, that
either party may construct or maintain a fence, wall, curb or other barrier on the common
boundary line between Parcel A and Parcel B so long as there remains other methods of
ingress and egress to both Parcel A and Parcel B which will ensure the full and complete
use and enjoyment of the easements herein granted.
(d) Ocean View does hereby agree to pave the rear portion of Parcel A for the
purpose of creating additional parking stalls, to be used by Parcel B. To the extent the
City requires additional lighting for the rear portion of Parcel A, Ocean View shall pay
for the cost of additional lighting.
4. Each party hereby grants and conveys to the other party, its successors, successors -in -
title, assigns, or tenants, at any time and from time to time during the term of this Agreement,
the right, but not the obligation, to enter upon the other party's parcel or parcels for the
purpose of constructing, installing, and maintaining the parking lot, driveways, sidewalks,
and lighting as more particularly shown on the Site Plan.
5. The parking lot, sidewalks, driveways, and lighting located on Parcel A and Parcel B
shall be maintained in good order and repair by the respective owners of such Parcels at all
times during the tern of this Agreement, including striping, snow, ice and trash removal,
except for the rear portion of Parcel A, as shown on the Site Plan, to be maintained by the
owner of Parcel B. The owner of each of such Parcels shall keep the parking lot located
thereon lighted during the hours of business maintained by any tenant or business enterprise
located on such Parcel or the other Party's Parcel.
6. The restrictions and agreements granted herein shall terminate upon the earlier to occur
of (i) January 1, 2050; or (ii) expiration of twelve (12) months after the last day on which
Parcel A is used for a commercial building (it being understood that constriction of a
medical office building shall constitute a commercial office building use) and the entry of a
final order by a court of competent jurisdiction that such easements, restrictions, and
agreements are no longer necessary for the protection of the respective property owners
considering the uses then being made of the respective parcels.
7. The easements, restrictions, and agreements provided for herein shall be effective upon
execution of this Reciprocal Easement Agreement by the parties hereto. The easements
provided for herein shall run with the land and shall constitute a use for reciprocal benefits to
and burdens upon Parcel A and Parcel B. The easements provided for herein shall inure to
the benefit of and be binding upon the respective successors, successors -in -title, assigns,
heirs, and tenants of each party hereto and the customers, employees, and invitees of such
parties, and shall remain in full force and effect and shall be unaffected by any change in
ownership of Parcel A or Parcel B, or any of them, or by any change of use, demolition,
reconstruction, expansion, or other circumstances, except as specified herein. The agreement
and undertakings by each party hereto shall be enforceable by action for specific
performance, it being agreed by both parties hereto that an action for damages would not be
an adequate remedy for a breach of this Reciprocal Easement Agreement.
8. This instrument is not intended to, and should not be construed to dedicate the said
easement areas to the general public, nor shall this instrument be construed to restrict the use
and development of Parcel A or Parcel B, except as stated herein. Without limiting the
generality of the foregoing and subject to the limitations contained herein, Ocean View and
Soffer shall have the right to expand, alter, modify, or demolish all or part of the buildings
4 15Ls
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they propose to construct on Parcel A or Parcel B or develop said parcels in any manner they
see fit, it being the intent of this instrument to grant reciprocal easements over parking,
drives, sidewalks, and common areas as they exist from time to time without limiting the
right of Ocean View or Soffer to alter, demolish, or redevelop said areas.
9. Soffer shall not sell or agree to sell Parcel A without first offering Parcel A to Ocean
View. The word "sell" shall include any transfer, conveyance, assignment of all or any
portion of Parcel A. Before Soffer sells or agrees to sell Parcel A, Soffer shall offer (the
"First Offer") to sell Parcel A to Ocean View, in writing and on the terms and conditions
substantially identical to those proposed for the sale of the Property to a third party. The First
Offer shall include all the material terms and conditions contained in that which is being
offered in the proposed sale to the third party including, but not limited to, the proposed
purchase price (the "Proposed Price"), down payment, timing, and the name of proposed
purchaser, Ocean View shall have 60 days from the date of the First Offer ("the Acceptance
Period) to accept the First Offer by delivering to Soffer the acceptance on or before 5:00 p.m.
on file last day of the Acceptance Period Which acceptance shall be at the lesser of the
Proposed Price or 115% of the Appraised Price (as hereinafter defined). If Ocean View
rejects the First Offer and Soffer enters into negotiations with a third party and is, otherwise
willing to enter into an agreement with that party on terms substantially less favorable to
Soffer than those contained in the First Offer, then Sofffer shall offer to sell Parcel A to
Ocean View on those new terms by giving Grantee written notice (the "Second Offer") and
Ocean View shall once again have the right to accept or reject as described above. In order
to determine the "Appraised Price", within ten (10) days of the making of the First Offer (and
the Second Offer, if applicable) Soffer and Ocean View shall each appoint a licensed
appraiser with not less than seven (7) years of experience appraising similar properties in the
southern California area, The two appointed appraisers shall, within (10) days thereof
together choose a third independent appraiser with similar qualifications. Such third
appraiser shall, within 20 days of his/her appointment, determine the fair market value of
Parcel A and such value shall be the "Appraised Price". Soffer shall also have the right to
"put" Parcel A to Ocean View at any time by written demand (the "Put Letter") to Ocean
View to purchase Parcel A at a purchase price chosen by Soffer (the "Put Price"). Ocean
View then would elect to determine the Appraised Price as described above. Ocean View
shall have 60 days from the date of the Put Letter ("the Acceptance Period) to determine the
Appraisal Price by delivering to Soffer the acceptance on or before 5:00 p:m. on the last day
of the Acceptance Period, which acceptance shall be at the lesser of the Put.Price or 115% of
the Appraised Price.
10. In the event during the duration of this Reciprocal Easement Agreement, the City of
Newport Beach revises the parking requitement of 5:1,000 for medical parking to 4:1,000 for
medical parking; after confirmation of the City of Newport Beach Parking Requirement as
referenced above, Ocean View would submit, in writing, to Soffer notifying Soffer of the
change; which at that time, at the option of either party, this Reciprocal Eastment Agreement
can be cancelled.
11. Upon the written request of the owner of any of the Parcels, the then: owner of any
Parcel, or any portion thereof, shall execute and deliver, within ten (10) days after receipt of
such request, a certificate certifying that there are no known defaults on the part of any party
to this Agreement or, if there ire such defaults, specifying the particulars of such defaults and
the action required to remedy it and certifying that there are no setoffs or defenses to the
enforcement of the terms of this Agreement, or if there are, specifying the particulars of such
setoffs or defenses.
11, This Agreement shall be recorded in the public records of Orange County, California
and shall be prior in title to any deed of trust which is now or may hereafter be placed upon
any of Parcel A and Parcel B.
12. The recitals and explanation of the intent in this Agreement are intended solely for
reference and do not modify, explain or construe any provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed tlus Reciprocal Easement
Agreement as of the date first above written.
"OCEAN VIEW"
Ocean View Me al Investors LLC,
a California I' ttccjability compan;
ii'e: John Bra]
Manaeinc Member _
0 E
uhrcy Soffer
20
Is
EXHIBIT `tA"
PARCEL A
The real property located in the County of Orange, California, commonly known as 445 Newport
Boulevard, Newport Beach, described as follows:
PARCEL L
Lot 13 and the Southwesterly 3.27 feet of Lot 12 in Block 9 of "Tract No. 27, Boulevard
Addition to Newport Heights" in the City of Newport Beach, as shown on a map recorded in
book 9, page 26 of Miscellaneous Maps, Records of Orange County, California.
PARCEL2:
That portion of the Southeasterly half of the 40 -foot road adjoining said Lots 12 and 13 on the
Northwest, as abandoned by the order of the Board of Supervisors of Orange County on June 25,
1949, bounded Northwesterly by the Northwesterly prolongation of the Northeasterly line of the
Southwesterly 3.27 feet of said Lot 12 and bounded Southwesterly by the Northwesterly
prolongation of the Southwesterly line of said Lot 13.
F't
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EXHIBIT "B"
PARCEL"B"
All of that certain real property situated in the City of Newport Beach, County of Orange, State
of California, described as follows:
Parcel 1 of Parcel Map No. 80-719, in the City of Newport Beach, County of Orange, State of
California, as shown on a map filed in Book 163, Pages 31 and 32 of Parcel Maps, in the Office
of the County Recorder of said County.
APN 425-271-12
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26
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EXHIBIT "C"
Site Plan
Rear Portion of Parcel A
PARKING
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STATE OF CALIFORNIA )
) 98.
COUNTY OF LOS ANGELES )
Ont�ob.{ N+4 2005, before me, '1VA.a Notary
Public in and for the State of Califomie, personally s peared
(2-wr,a , personalty known to me (or proved to
me on the basis of satisfactory evidence) to be the persona) whose names) is/sre subscribed to
the within instrument and acknowledged to me that hehheidtey executed Ac same in
hisRwrl"* authorized capaeity(s), and that by his/isetEt & signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
AcFUL V.nass&VIrseeLLA [ �—_=0 "AMC"
Ne4+YRd80Gla4mt. i=
yrORPAGACCUM
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Notary Public
144 -VADA
STATE OF eAMFe1tM t•' )
MtYf.L� "
COUNTY OF )
yvl .; aJut,� 0 t -4i !Z gr
On OG401beC a6 , 2005, before me, F , a
Notary Public in and for the State of GAMPerson y ap ared 5i d r
personally known to me -16r proved to '
me on the basis of satisfactory evidence) to be the person* whose name*is/am subscribed to
the within instrument and acknowledged to me that he/ahehhey executed the same in
his/hodtheir authorized capacity(* and that by his/hw/their signature(a) on the instrument the
person(a), or the entity upon behalf of which the persons) acted, executed the instrument,
WITNESS my hand and official seal.
Notary P
10
R4
CITY CLERK'S OFFICE
AFFIDAVIT OF POSTING
On -3 2013, 1 posted 2 Site Notice(s) of the Notice of Public
Hearing regarding:
441 Old Newport Medical Office Building Appeal 2
PA2011-056
Location: 0"', d ;� y & k + )�
Date of City Council Public Hearing: May 14, 2013
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on May 14, 2013, at 7:00 p.m., or soon thereafter as the
matter shall be heard, a public hearing will be conducted in the City Council Chambers at
100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will
consider the following application:
441 Old Newport Medical Office Building Appeal — An appeal of the Planning Commission's
decision to deny Conditional Use Permit No. UP2011-011 to allow off-site parking for a
proposed medical office use. The applicant proposes to develop the adjacent property at
445 Old Newport Boulevard to accommodate a total of 13 parking spaces during the day.
Combined, the proposed on-site and off-site parking spaces will provide the minimum
parking spaces required by the Zoning Code for medical office uses to occupy the entire
commercial office building.
The project is categorically exempt under Section 15301, of the California Environmental
Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities).
All interested parties may appear and present testimony in regard to this application. If you
challenge this project in court, you may be limited to raising only those issues you raised at the
public hearing or in written correspondence delivered to the City, at, or prior to, the public
hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal
Code Chapter 20.64. The application may be continued to a specific future meeting date, and
if such an action occurs, additional public notice of the continuance will not be provided. Prior
to the public hearing the agenda, staff report, and documents may be reviewed at the City
Clerk's Office (Bay E, Second Floor), 100 Civic Center Drive, Newport Beach, California,
92660 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday
prior to the hearing. Individuals not able to attend the meeting may contact the Planning
Division or access the City's website after the meeting to review the action on this application.
For questions regarding this public hearing item please contact Melinda Whelan, Assistant
Planner at 949-644-3221, mwhelanCcDnewportbeachca.gov .
Project File No.: PA2011-056
Zone: Office General (OG)
Activity No.: Use Permit No. UP2011-011
General Plan: General Commercial Office
(CO -G)
Location: 441 Old Newport Boulevard Applicant: John Bral
pqvv� , po�,_
Leilani I. Brown, City Clerk
City of Newport Beach
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John Bral
2601 Main Street, Suite 960
Irvine, CA 92614
Newport Heights Improvement
Association
2916 Clay Street
Newport Beach, CA 92663
John Brat Oceanview Medical Investors, LLC
2601 Main Street, Suite 960 2601 Main Street, Suite 960 Labels completed 10/17/12 S
Irvine, CA 92614 Irvine, CA 92614
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John Brat Oceanview Medical Investors, LLC
2601 Main Street, Suite 960 2601 Main Street, Suite 960
Irvine, CA 92614 Irvine, CA 92614
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049 081 03
Robert Lafont
6747 E Waterton Ave
Orange, CA 92867
049 081 06
Robert Brennan
424 Westminster Ave
Newport Beach, CA 92663
049 081 19
Roberc La ,nt
6747. aterton Ave
nge,,C'A 92567
425 261 08
Constance Susan bMcBrien
1812 Antigua Cir
Newport. Beach,%CA M6'0'
425 261 It
Neelima Kabre
8428 Dawn Ln
Darien, IL 60561
425 261 14
Teed LLC
932 Sandcastle Dr
Corona Del Mar, CA
049 081 04
Thomas Adams
416 Westminster Ave
Newport Beach, CA 92663
049 081 07
Darrell Heinrich
428 WestminsterAve
Newport Beach, CA 92663
425 181 01
Newport Healthcare Center
PO Box 6100
Newport Beach; CA 92658
425,.261 09
Jean -Jacques Bouche
PO Box, 1599
Lagun6 Beach, CA 92652
425 261 12
John Trommald
8055 E Rosina St
Long Beach, CA. 90808
425 261 15
Teed LLC
932 Sandcastle Or
92625 C tuna Del Mar, CA
425 261 '17
Hilaria Properties LLC
1.412 E Oceanfront
Newport Beach, CA 92661
425 271 05
R E Hall Family Limited
PO Box 2450
Newport Beach, CA 92658
425 271 08
Old Newport Development
415 Old Nei orf-Mvd
New each, CA 92663
425271 13
Newport Beach City Employ
425 Old Newport Blvd PA
Newport Beach, CA 92663
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U iI���M Y®600
049 081 05
Bradstreet.Smith
PO Box 5582
Newport Beach, CA 92662
049 081 os
Richard Noel Walton
432 Westminster Ave
Newport Beach, CA 92663
425 261 04
At Newport Avalon
23 Corporate Plaza Or 9190
Newport Beach, CA 92660
425 261 t0
Constance Susan MCBrien
1912 AnCir
Wg,ivp6ort. -
Beach, CA 92660
425 261 13
At Newport A f n
23 Corpo t£1'Iaza Or h190
N ort Beach, CA 92660
425 261 16
Michael Leventh
4 Middlelarri
92625 Lapp Niguel, CA 92677
425 261 18
Hilaria Properties LLC
1412 E Oc.anfront
Newport Beach, CA 92661
425 27l 06
461 Old Newport Dangle LLC
461 Old Newport Blvd
Newport Beach, CA 92663
425 271 09
447 Old Newport LLC
447 Old Newport Blvd
Newport Beach, CA 92663
425 261 19
Smv Newpon Beach LP
45 Broadw '
r c, NY 10006
425 271 07
Old Newport Development
415 Old Newport Blvd
Newport Beach, CA 9266:
425 271 12
Ocean View Medical
2601 Main Si 9560
Irvine, CA 92614
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425 271 14 425 271 15
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401 Old Newport Blvd H100 6450 Spring Mountain Rd #14 3221 Broad
Newport Beach, CA 92663 Las Vegas, NV 89146 Newport Beach, CA 9_ 3
425 283 07
George & Jennifer Leeper
3215 Broad St
Newport Beach, CA 92663
425 283 10
Janet Moore
3201 Broad St
Newport Beach, CA 92663
425283 15
Joseph Winkelman Jr.
424 Old Newport Blvd
Newport Beach, CA 92663
425 283 18
Le Biarritz esiaurant
414 ewport Blvd
Newport Beach, CA 92663
425 283 21
Robert Williams
438 Old Newport Blvd
Newport Beach, CA 92663
425 283 24
Allen & Kathryn Drucker
PO Box 15005
Newport Beach, CA 92659
425 283 27
Thomas Stansbury
466 Old Newport Blvd
Newport Beach, CA 92663
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69 Asilotnar Rd
91748 Laguna Niguel, CA 92677
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140 Newport Center Dr #100
Newport Beach, CA 92660
4.2.5.283 16.
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414 Old Newport Blvd
Newport Beach, CA 92663
425 283 l9
Don Stewart
428 Old Newport Blvd
Newport Beach, CA 92663
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2057 E Ocean
Newport Beach, CA X661
425 28325
Allen &Kathryn Drucker
PO Box,1,5005
N5w rt Beach, CA 92659
937 350 13
James & Kiersten Owen
427 Westminster Ave #A
Newport Beach, CA 92663
937 350 16
Patricia Costello
431 Westminster Ave P4
Newport Beach, CA 92663
425 283 14
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423 Rre 'nster Ave
Newport Beac 4 92663
425 283 17
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414 ewportBlvd
Newport Beach, CA .92663
425 283 20
Donald Abrahm
1525 Superior Ave #104
Newport Beach, CA 92663
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446 Old Newp0 d
Newport Beach, CA 9 63
425 283 26
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365 Via Lido Soud
Newport Beach, CA 92663
9 350 14
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NEWPORT BEACH CA 92663
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2601 MAIN ST 560
IRVINE CA 92614
425-261-12
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8055 E RO
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425-261-16
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4126 HILARIA WAY
NEWPORT BEACH CA 92663
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NEWPORT BEACH PROPERTIES LLC
PO BOX 1388
SOLANA BEACH CA 92075
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415 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
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425 OLD NEWPORT BLVDA
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1812 ANTIGUA CIR
NEWPORT BEACH CA 92660
425-261-13
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23 CORPORATE PLAZA DR 190
NEWPORT BEACH CA 92660
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1412 E OCEANFRONT
NEWPORT BEACH CA 92661
425-271-05
R E HALL
PO BOX 2450
NEWPORT BEACH CA 92658
425-271-09
447 OLD NEWPORT LLC
447 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-271-14
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PO BOX 673
CORONA DEL MAR CA 92625
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3221 BROAD ST 3215 BROAD ST 17612 EMBER DR
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 ROWLAND HEIGHTS CA 91748
42 83-09 425-2 ^-10 425-2 '-11
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69 ASILO RD 3201 .BROAD 140 IEWPOR NTER DR 100
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PAUL & CRYSTAL CH U JOSEPH ELMANN LE BI TZ RESTAURANT INC
423 WESTMINSTER AVE 424 OLD NE T BLVD 414 OLD NE BLVD
NEWPORT BEACH CA 92663 NEWPORT BEACH 2663 NEWPORT BEACH CA 92663
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4280LDNE BLVD 1525 SUPERIOR 04 4380E PORT BLVD
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425-283-22 425-283-2383-24 425-283-25
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2057 E OCEAN BLVD 446 OLD NEWPORT BLVD PO BOX 1500
NEWPORT BEACH CA 92661 NEWPORT BEACH CA 92663 NEWPORT BEACH -CA 92659
425-283-26425- 27 937-35-013
MINER PROPERTIES THOMA STANSBURY JA A & KIERSTEN OWEN
365 VIA LIDO SOUD 466 OLD NEW LVD 427 WES TER AVE A
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 53 NEWPORT BEACH A-920
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2601 Main Street, Suite 960
Irvine, CA 92614
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2601 Main Street, Suite 960 Association
Irvine, CA 92614 2916 Clay Street
Newport Beach, CA 92663
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2601 ' Street, Suite 960 2601 Main Street, Suite 960 Labels completed 10/17112 5 3
I e, CA 92614 Irvine, CA 92614
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2601 Street, Suite 960 2601 MainStreet, Suite 960
Iry e, CA 92614e, CA 92614
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6747 H Waterton Ave 416 Westminster Ave PO Box 5582
Orange, CA 92867 Newport Beach, CA 92663 Newport Beach, CA 92662
049 081 06
Robert Brennan
424 Westminster Ave
Newport Beach, CA 92663
049 081 19
Robert La nt
6747 aterton Ave
nee,,CA 92&67
425:26 1 08
Constance Susan McBrien
1812 Antigua Cir
Newport Beach,.CA 92660
425261 11
Neelima Kabre
8428 Dawn Ln
Darien, [L 60561
42526114
Teed LLC
932 Sandcastle'Dr
Corona Del Mar, CA
649 081 07
Darrell Heinrich
428 WestminsterAve
Newport Beach, CA 92663
425 181 01
Newport Healthcare Center
PO Box 6100
Newport Beach, CA 92658
425.261 Q9
Jean -Jacques Bouche
PO Box 1599
Laguna Beach, CA 92652
425 261 12
John Trommald
8055 E Rosina St
Long Beach, CA: 90808
425 261 15 /
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932 castle Dr
92625 C4fona Del Mar, CA
425 261 17
Hilaria Properties LLC
1412 E Oceanfront
Newport Beach, CA 92661
425 271 05
R E Hall Family Limited
PO Bos 2450
Newport Beach. CA 92658
425 271 08
Old Newport Development
415 Old Nei Ivd
New' each, CA 92663
425 271 13
Newport Beach City Employ
425 Old Newport Blvd 4.A
Newport Beach, CA 92663
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Richard Noel Walton
432 Westminster Ave
Newport Beach, CA 92663
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23 Corporate Plaza Dr 9 190
Net pori Beach, CA 92660
425 261 t0
Constance Susan McBrien
7812 An Cir
N ort;Beach, CA 92660
425?6113y
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23 Co tEPlaza Dr n190
N ort Beach, CA 92660
425 261 16
Michael Leventh
4 Middle
92625 Lap6-Niguel, CA 92677
425261 18
Hilaria Proper. es LLC
1412 E,06nn ont
N.c4bct Beach, CA 92661
425 271 06
461 Old Newport Dangle LLC
461 Old Newport Blvd
Newport Beach, CA 92663
425 271 09
447 Old Newport LLC
447 Old Newport Blvd
Newport Beach, CA 92663
425 261 19
Smv Newport Beach LP
45 Broadw • "
NY 10006
425 271 07
Old Newport Development
415 Old Newport Blvd
Newport Beach, CA 92663
425 271 12
Ocean View Medical
2601 Main St 9560
Irvine, CA 92614
425 271 14 425 271 15
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419 Old Newport Blvd 415 Old Newport Blvd 4200
Newport Beach, CA 92663 Newport Beach, CA 92663
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425 283 07 5 283 08 425 283 09
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3215 Bro 17612 r Dr 69 Asilomar Rd
Ne Yg Beach, CA 92663 Rowland Heig ,CA 91748 Laguna Niguel, CA 92677
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32501 Broad St 140 Newport Center Dr #100 423 Wes 'nster Ave
Newport Beach, CA 92663 Newport Beach, CA 92660 Newport Beac
425283 15
Joseph Winkelman Jr.
424 Old Newport Blvd
Newport Beach, CA 92663
425 283 18
L.e Biarritz estaurant
414 ewport Blvd
Newport Beach, CA 92663
425 283 21
Robert Williams
438 Old, Newport Blvd
Newport Beach, CA 92663
425 283 24
Allen & Kathryn Drucker
PO Box IM05
Newport Beach, CA 92659
425 283 27
Thomas Stansbury
466 Old Newport Blvd
Newport Beach, CA 92663
M 350 15
1V Jo • e Lachenmyer
431 R', s 'nst r Ave q3
Newport Beac , 92663
425 283 16
Le Biarritz Restaurant
414 Old Newport Blvd
Newport.Beaeh, CA 92663
425 283 19
Don Stewart
428 Old Newport Blvd
Newport Beach, CA 92663
425'?83 22
D Dale e
2057 E Ocean
Newport Beach, CA X661
425 283 25
Allen & Kath tucker
PO Box 5
Ne ort Beach, CA 92659
937 350 13
James & Kiersten Owen
427 Westminster Ave NA
Newport Beach, CA 92663
937 350 16
Patricia Costello
431 Westminster Ave 94
Newport Beach, CA 92663
425 283 17
Le BiarritzAqatgirant
414,1) 44ervport BIvd
Newport Beach, CA 92665
425 283 26
Donald Abrahm
1525 Superior Ave 9104
Newport Beach, CA 92663
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446 Old Nelvpo d
Newport Beach, CA 9 63
425 283 26
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365 Via Lido Soud
Newport Beach, CA 92663
9 350 14
at n Vaughan
427Wes er Ave NB
Newport Beach, '663
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NEW YORK NY 10006
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NEWPORT BEACH CA 92663
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2601 MAIN S
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4126 HILARIA WAY
NEWPORT BEACH CA 92663
425-261-20
NEWPORT BEACH PROPERTIES LLC
PO BOX 1388
SOLANA BEACH CA 92075
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OLD NEWPORT DEVELOPMENT LLC
415 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-271-13
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425 OLD N T BLVDA
NE T BEACH CA 92663
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1812 ANTIGUA CIR
NEWPORT BEACH CA 92660
425-261-13
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23 CORPORATE PLAZA DR 190
NEWPORT BEACH CA 92660
425-261-17
HILARIA PROPERTIES LLC
1412 E OCEANFRONT
NEWPORT BEACH CA 92661
425-271-05
R E HALL
PO BOX 2450
NEWPORT BEACH CA 92658
425-271-09
447 OLD NEWPORT LLC
447 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-271-14
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PO BOX 673
CORONA DEL MAR CA 92625
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THOMAS C & KAREN HERSH GEORGE & JENNIFER LEEPER WALTER & LYDIA CHEN
3221 BROAD ST 3215 BROAD ST 17612 EMBER DR
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423 WESTMINSTER AVE
NEWPORT BEACH CA 92663
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428 OLD NE BLVD
NEW PORTBEACHC 663
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2057 E OCEAN BLVD
NEWPORT BEACH CA 92661
425-283-26
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365 VIA LIDO SOUD .
NEWPORT BEACH CA 92663
937-35-014
KATHLEEN VAUGHAN
427 WESTMINSTER AVE 2
NEWPORT BEACH CA 92663
Venture RE Group
2601 Main Sheet, Suite 960
Irvine, CA 92614
425-Z '-10
JANET ORE
3201 BROAD
NEWPORT BEAC CA 92663
425- -15
JOSEPH KELMANN
424 OLD NE T BLV D
NEWPORT BEACH 2663
425= 20
DONALD RAHM
1525 SUPERIOR 4
NEWPORT BEACH CA 92
425-283-23
SHOHET ENTRPRS LLC
446 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425- -27
THOMA STANSBURY
466 OLD NE LVD
NEWPORT BEACH CA 6.43
937-35-015
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431 WESTMINSTER AVE 3
NEWPORT BEACH CA 92663
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140NEWPOR LATER DR 100
NEWPORT
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LE BI TZ RESTAURANT INC
414 OLD NE BLVD
NEWPORT BEACH CA 92663
425-283-21
RO T E WILLIAMS
438 OLD PORT BLVD
NEWPORT BEA 92663
83-24 425-283-25
ALLE THRYN DRUCKER
PO BOX 1500
NEWPORT BEACH A 92659
937-35-013
JA & KIERSTEN OWEN
427 WESTM.44LSTER AVE A
NEWPORT BEACH 63
95-016
PATR1- COSTELLO
431 WESTMIN 7
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NEWPORT BEACH CA 9 3
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PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles, I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH/COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Saturday, May 4, 2013
1 certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on May 7, 2013
at Los Angeles, California
1714/,�yx�
Signature
at
'Civic Center Orive; New- Far
�por[ Beach. The City. this
Council of the Ci[y of plea
iNewport Beach whl cora Whi
Sider the fallowing appli- ner
No. UP2011.011 to allow
Zone: d
off-site parkirig, [for a
(OG)
proposed medical office
General
use. The applicant pro-
Comme
poses to develop the
(CD -G)'
adjacent property at 445
Location:
Old Newport Boulevard
port'Boul
to accommodate a total
Applican'
of 13 parking spaces
/s/
during. the day. Com-
bined, the proposed on-
City o
site and off-site perking
Pu blish
spaces will provide the
Beach/Ci
minimum parking spaces
Pilot May
required by the Zoning
Coda for medical office
uses to occupy the em
tiro commercialoffice
building.
The oroiecl is categori-
,,,6, u.....a,.
All interested parties
ima, appear and present
fess mon, at regard to
Ithis application., If you,
tcourt, a"this'project an
court, may be
limited too r raising only!
,those issues you raised
at the public hearing or
,in 'deuce h corre-
spondence
om to
spondence delivered to
the Oty,pubs at, or prior d.
the pubhc hearing. proved res
forappeals procedures
for appeals are. provided
20.64. The application
may be continued to a
specific future meeting
date, and if such an
action occurs, additional
public notice of the 'con
-
tinuance will not be pro-
vided. Mor to the oublic
V meeting may contact the
V- Planning Division or ac --
4,
r4, cess the City's wehsite
or after the meetingto re -
he !view the action. on this
File No.:
6.
Ia.: Use Permit
1-011
fflce General
PI6ns General
cial Office
441 Old New
:Jahn Bral
CITY OF NEWPORT BEAC14
APPLICATION TO APPEAL DECISION OF THE PLANNI G'COMMIS ION
Application No. PA2 011- 0 5 6
Ocean View Medical Investors �~
Name of Appellant , LLC
or person filing: (John Bra7) Phone: 949. 721. 8600
Address: 2601 Main Street, Suite 960, Irvine, CA 92614
Date of Planning Commission decision: April 18th 20 13
Regarding application of: Conditional Use Permit No. UP2 011- 011 for
(Description of application filed with Planning Commission) A Conditional Use Permit application
for off-site parking for a medical office building. Off-site parking at
445 Old Newport Blvd., Newport Beach, CA.
Reasons for Appeal: off-site parking enables the project to have parking per
existing code. In addition, from a planning standpoint, a medical building
is much more compatible with the immediate area.
X Date `i _O
Sign re of Appellant
64�
CITY CLERK
FOR OFFICE USE ONLY
Date Appeal filed and Administrative Fee received:( V 20 t3
cc: Appellant
Planning (furnish one set of mailing labels for mailing)
File
APPEALS: Municipal Code Sec. 20.64.030
Appeal Fee: $4,187.00 pursuant to Resolution No. 2011-108 adopted on 11-22-11.
(Deposit funds with Cashier in Account #2700-5000)
Advanced Listing Services Inc
Ownership Listings & Radius Maps
U
P.O. Box 2593 •Dana Point, CA • 92624
J Office: 1949) 36 1-392 1 -Fax: (949 361-3923
www.Advancedlisting.com
I, Denise Kaspar, hereby certify that the attached list contains the names, addresses and assessor's parcel
numbers of all persons to whom all property is assessed as they appear on the latest available assessment
roll of the County of Orange within the area described by the required 300 foot radius, excluding abutting
rights -of -ways and waterways measured from the exterior boundaries of the property legally described
as:
April 23, 2013
Subject: APN: 425-271-12
Subject Address: 441 OLD NEWPORT BLVD
NEWPORT BEACH CA 92660
I,
i
Denise Kas ar
i
Advanced Listing Services Inc
Ownership Listings & Radius Maps
v P.O. Box 2593 • Dana Point, CA • 92624
J Office: (949) 36i-3921 -Fax: (949) 361-3923
www.Advancedlisting.com
Subject APN: 42,-271-12 Address: 441 OLD NEWPORT BLVD
300' Radius NEWPORT BEACH CA 92663
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300' OWNERSHIP LISTING
(excluding abutting streets)
PREPARED FOR:
425-271-12
OCEAN VIEW MEDICAL
441 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
049-081-03 049-081-19
ROBERT A LAFONT
6747 E WATERTON AVE
ORANGE CA 92867
049-081-06
ROBERT M BRENNAN
424 WESTMINSTER AVE
NEWPORT BEACH CA 92663
425-261-04
AVALON AT NEWPORT
23 CORPORATE PLAZA DR 190
NEWPORT BEACH CA 92660
425-261-11
NEELIMA D KABRE
8428 DAWN LN
DARIEN IL 60561
425-261-14 425-261-15
TEED LLC
932 SANDCASTLE DR
CORONA DEL MAR CA 92625
425-261-19
SMV NEWPORT BEACH
45 BROADWAY 25
NEW YORK NY 10006
425-271-06
461 OLD NEWPORT DANGLE LLC
461 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-271-12
OCEAN VIEW MEDICAL
2601 MAIN ST 560
IRVINE CA 92614
049-081-04
THOMAS R ADAMS
416 WESTMINSTER AVE
NEWPORT BEACH CA 92663
049-081-07
DARRELL HEINRICH
428 WESTMINSTER AVE
NEWPORT BEACH CA 92663
425-261-09
JEAN-JACQUES BOUCHE
PO BOX 1599
LAGUNA BEACH CA 92652
425-261-12
JOHN E TROMMALD
8055 E ROSINA ST
LONG BEACH CA 90808
425-261-16
LEVENTHAL
4126 HILARIA WAY
NEWPORT BEACH CA 92663
425-261-20
NEWPORT BEACH PROPERTIES LLC
PO BOX 1388
SOLANA BEACH CA 92075
425-271-07 425-271-08
OLD NEWPORT DEVELOPMENT LLC
415 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-271-13
NEWPORT BEACH CITY EMPLOY
425 OLD NEWPORT BLVDA
NEWPORT BEACH CA 92663
049-081-05
BRADSTREET SMITH
PO BOX 5582
NEWPORT BEACH CA 92662
425-181-01
NEWPORT HEALTHCARE CENTER
LLC
PO BOX 6100
NEWPORT BEACH CA 92658
425-261-10
CONSTANCE MCBRIEN
1812 ANTIGUA CIR
NEWPORT BEACH CA 92660
425-261-13
AVALON AT NEWPORT
23 CORPORATE PLAZA DR 190
NEWPORT BEACH CA 92660
425-261-17
HILARIA PROPERTIES LLC
1412 E OCEANFRONT
NEWPORT BEACH CA 92661
425-271-05
R E HALL
PO BOX 2450
NEWPORT BEACH CA 92658
425-271-09
447 OLD NEWPORT LLC
447 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-271-14
MICHAEL D FRANKLIN
PO BOX 673
CORONA DEL MAR CA 92625
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425-271-15
RDB LLC
415 OLD NEWPORT BLVD200
NEWPORT BEACH CA 92663
425-283-06
THOMAS C & KAREN HERSH
3221 BROAD ST
NEWPORT BEACH CA 92663
425-283-09
JANET MOORE
69 ASILOMAR RD
LAGUNA NIGUEL CA 92677
425-283-14
PAUL & CRYSTAL CHU
423 WESTMINSTER AVE
NEWPORT BEACH CA 92663
425-283-19
DON M STEWART
428 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-283-22
D DOOLEY
2057 E OCEAN BLVD
NEWPORT BEACH CA 92661
425-283-26
MINER PROPERTIES
365 VIA LIDO SOUD
NEWPORT BEACH CA 92663
937-35-014
KATHLEEN VAUGHAN
427 WESTMINSTER AVE 2
NEWPORT BEACH CA 92663
Venture RE Group
2601 Main Street, Suite 960
Irvine, CA 92614
425-271-16 425-271-17
ORANGE COAST ASSN OF REALTORS SID SOFFER
401 N NEWPORT BLVD 6450 SPRING MOUNTAIN RD 14
NEWPORT BEACH CA 92663 LAS VEGAS NV 89146
425-283-07
GEORGE & JENNIFER LEEPER
3215 BROAD ST
NEWPORT BEACH CA 92663
425-283-10
JANET MOORE
3201 BROAD ST
NEWPORT BEACH CA 92663
425-283-15
JOSEPH WINKELMANN
424 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-283-20
DONALD ABRAHM
1525 SUPERIOR AVE 104
NEWPORT BEACH CA 92663
425-283-23
SHOHET ENTRPRS LLC
446 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-283-27
THOMAS V STANSBURY
466 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
937-35-015
W LACHENMYER
431 WESTMINSTER AVE 3
NEWPORT BEACH CA 92663
425-283-08
WALTER & LYDIA CHEN
17612 EMBER DR
ROWLAND HEIGHTS CA 91748
425-283-11
BACK BAY REAL ESTATE
140 NEWPORT CENTER DR 100
NEWPORT BEACH CA 92660
425-283-16 425-283-17 425-283-18
LE BIARRITZ RESTAURANT INC
414 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-283-21
ROBERT E WILLIAMS
438 OLD NEWPORT BLVD
NEWPORT BEACH CA 92663
425-283-24 425-283-25
ALLEN & KATHRYN DRUCKER
PO BOX 15005
NEWPORT BEACH CA 92659
937-35-013
JAMES A & KIERSTEN OWEN
427 WESTMINSTER AVE A
NEWPORT BEACH CA 92663
937-35-016
PATRICIA L COSTELLO
431 WESTMINSTER AVE 4
NEWPORT BEACH CA 92663
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McDonald, Cristal
Subject: 441 Old Newport Appeal - Filed 04/25/2013
From: Brandt, Kim
Sent: Tuesday, April 30, 2013 1:21 PM
To: Brown, Leilani
Subject: RE: 441 Old Newport Appeal - Filed 04/25/2013
The applicant never had an appeal hearing, for which he paid previously. Rather he modified his proposal and the
Council sent the project back to PC for review. He is now appealing the 2nd decision and will now have the appeal
hearing.
Let me know if you have any questions.
Km
From: McDonald, Cristal On Behalf Of Brown, Leilani
Sent: Tuesday, April 30, 2013 11:55 AM
To: Brandt, Kim
Subject: 441 Old Newport Appeal - Filed 04/25/2013
Hi Kim. On April 25th, our office accepted an Application to Appeal the Decision of the Planning Commission. At that
time Gregg Ramirez advised my office that because the applicant previously paid the original appeal, Community
Development is waiving the $4,187.00 Appeal Fee. Can you please confirm that you are waiving the Appeal Fee so I can
include it in the record?
Thank you and have a great day,
Leilani I. Brown, MMC
City Clerk
City of Newport Beach
100 Civic Center Drive I Newport Beach I CA ( 92660
T (949) 644-3005 1 F (949) 644-3039 1 Ibrown@newportbeachca.gov
Serving the Public with Integrity and Professionalism
Regular Business Hours, Excluding Holidays:
Monday to Thursday: 7:30 a.m. to 5:30 p.m.
Friday: 7:30 a.m. to 4:30 p.m.
Important Announcement - We have moved to the new Civic Center located at 100 Civic Center
Drive, Newport Beach, CA 92660. Our mailing address remains the same: P.O. Box 1768, Newport
Beach, CA 92658-8915. We look forward to serving you in the new facility.
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