HomeMy WebLinkAbout21 - 333 Old Newport Blvd Appeal (PA2009-059)CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 21
March 23, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Erin M. Steffen, Planning Technician
949 - 644 -3234, esteffen @newportbeachca.gov
SUBJECT: An appeal of the Planning Commission's approval of Use Permit
No. UP2009 -014 (PA2009 -059) waiving the 3 additional off - street
parking spaces required for the conversion of 3,061 square -feet of
retail space to medical office use in an existing multi- tenant
building located at 333 Old Newport Boulevard.
APPLICANT: Ann Ong Hung
APPELLANT: Council Member Rosansky
ISSUE
Should the City Council approve, modify, or disapprove the Planning Commission's
approval of Use Permit No. UP2009 -014?
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. (Attachment No. CC1) denying the appeal and
upholding and affirming the decision of the Planning Commission to approve Use
Permit No. UP2009 -014.
.... ...__...._ .....................
Ong Appeal to City Council
March 23, 2010
Page 2
On December 3, 2009, the Planning Commission approved a use permit to waive the 3
additional off - street parking spaces required for the conversion of 3,061 square feet of
retail space to medical office. The project site is a multi- tenant commercial building with
no off - street parking located at 333 Old Newport Boulevard. The decision included a
condition requiring the relinquishment of all rights granted pursuant to Use Permit No.
2006 -017 (Attachment No. CC2) for a small restaurant located in the first floor of the
building. Because a resolution reflecting that action was not available at the time of the
decision, staff prepared and presented a resolution reflecting the action at the January
21, 2010, Commission meeting.
Prior to the January 21, 2010 meeting, the applicant submitted an alternative proposal
with a slightly smaller medical suite (2600 square- feet), which would reduce the parking
waiver from 3 to 2 spaces. Additionally, the applicant requested the elimination of the
condition requiring relinquishment of the rights for the restaurant.
On January 21, 2010, the Planning Commission considered and denied the alternative
proposal and affirmed their prior approval.
The Appeal
On February 4, 2010, Council Member Steve Rosansky appealed the Planning
Commission's decision, including the approved project and denied alternative proposal,
to be reviewed by the City Council (Attachment No CC -3). Pursuant to Section
20.95.060.0 of the Newport Beach Municipal Code, the public hearing on the appeal
shall be conducted "de novo ".
DISCUSSION
The Planning Commission based its approval for the waiver of 3 spaces on the fact that
available municipal parking spaces are conveniently located adjacent to the project site.
To ensure the availability of adequate parking and to off -set the increased parking
demand associated with the intensification of the use (retail to medical office), the
Commission included a condition of approval requiring the relinquishment of the 1,564
square -foot restaurant granted under Use Permit No. 2006 -017. The applicant, who also
is the building owner, proposed the relinquishment of the use permit for the restaurant
as a way of reducing the overall parking demand in an effort to secure the parking
waiver necessary for the proposed medical practice. Essentially, eliminating the
restaurant limits the use of the space to retail or general office use, which generates
lesser parking demand, and reduces the parking requirement by one space. The
Commission denied the alternative proposal to reduce the medical office space and
retain the restaurant because peak parking demand times for the restaurant are likely to
vary and be more unpredictable than other retail uses and could impact the availability
of parking.
Ong Appeal to City Council
March 23, 2010
Page 3
Parking survey reports prepared for the project by Traffic Safety Engineers (TSE)
supported that the available municipal parking spaces located adjacent to the project
site would be sufficient for the proposed project with or without the restaurant. A
detailed breakdown of the parking requirement is attached (Attachment CC -4).
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), which
exempts minor alterations to existing facilities. The existing building will remain with no
additional square footage; the scope of the physical construction is limited to minor
interior alterations.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posed at City Hall and on the City website.
Alternatives
Should it be found that the alternative request is acceptable, the Council can approve
that proposal by adopting the draft resolution (Attachment PC -5). Facts to support the
findings for approval are provided in the draft resolution. The City Council has the option
to deny the request if the increased parking demand is found to diminish the availability
of public parking to the detriment of the community.
Prepared by:
Erin M Steffen, Planni echnician
Attachments:
Submitted by:
No. CC1 — Resolution No. (denying appeal)
No. CC2 — Use Permit No. 2006 -017 (Use Permit for the Restaurant)
No. CC3— Appeal
No. CC4 — Detailed Breakdown of Parking Requirement
No. CC5 — Resolution No. (approving appeal)
No. CC6 — January 21, 2010 Planning Commission Minutes & Staff Report
No. CC7 — December 3, 2009 Planning Commission Minutes & Staff Report
Attachment No. CC 1.
Resolution (Denying Appeal)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DENYING AN APPEAL AND UPHOLDING
AND AFFIRMING THE DECISION OF THE PLANNING
COMMISSION TO APPROVE USE PERMIT NO. 2009 -014
(PA2009 -059) TO WAIVE THE ADDITIONAL OFF - STREET
PARKING REQUIRED FOR THE CONVERSION OF 3,061
SQUARE -FEET OF RETAIL TO MEDICAL OFFICE IN AN
EXISTING MULTI - TENANT BUILDING LOCATED AT 333 OLD
NEWPORT BOULEVARD
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
1. The applicant proposes to convert a 3,061 square -foot retail space to medical office in
an existing multi- tenant building located at 333 Old Newport Boulevard, and legally
described as Tract 27 Lot 24 Block 9 Triangular Lot in Lot — including portion of
abandoned streets adjacent on northwest and southwest NW & SE in the City of Newport
Beach, California. Based upon the minimum required parking ratios of the Zoning Code
specified in Section 20.66.030, three additional spaces are required. The subject
property does not provide any off - street parking and the site cannot be modified to
provide additional parking without demolition of the existing multi- tenant building.
2. In accordance with Section 20.66.100 and Chapter 20.91 of the Municipal Code, an
application for a use permit requesting the waiver of 3 parking spaces was filed by Ann
Ong Hung, with respect to property located at 333 Old Newport Boulevard.
3. This project is categorically exempt from environmental review pursuant to Section
15301 of Title 14 of the California Code of Regulations. The existing building will
remain with no additional square footage; the scope of the physical construction is
limited to minor interior alterations and restriping of existing parking spaces.
4. At a public hearing held on January 21, 2010, the Planning Commission adopted
Resolution No. 1796 approving a use permit application to waive the additional off-
street parking spaces required for the conversion of 3,061 square -feet of retail to
medical office subject to conditions of approval. The resolution contains facts
supporting findings pursuant to Section 20.91.035 of the Newport Beach Municipal
Code. The Commission included Condition No. 12 to relinquish the rights of Use
Permit No. 2006 -017, which allows for a small, but currently vacant, restaurant in the
first floor of the building at 333 Old Newport Boulevard. Abandoning the use permit
would reduce the overall parking demand for the building to off -set the increased
parking demand associated with the intensification of the use (retail to medical office).
5. During the January 21, 2010, hearing, the Planning Commission considered an
alternative request suggested by the applicant to convert a smaller retail space to
medical office (2600 sq. ft.) and to delete Condition No. 12 to retain the rights of Use
Permit No. 2006 -017. Although the overall parking waiver would have been reduced
from 3 spaces to 2 spaces, the Commission denied the alternative proposal because
City Council Resolution No.
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peak parking demand times for the restaurant are likely to vary and be more
unpredictable than other retail uses and could impact the availability of parking.
6. On February 4, 2010, Council Member Rosansky appealed the decision of the Planning
Commission in accordance with Section 20.95.050. The case, including the approved
project and the denied alternative proposal, was requested to be reviewed by the City
Council.
7. A public hearing was held on March 23, 2010, on the appeal by the City Council in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the hearing 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 hearing.
8. In accordance with Section 20.66.100 and Chapter 20.91, the City Council found the
following:
A. That the proposed location of the use is in accord with the objectives of this code and the
purposes of the district in which the site is located.
Facts in Support of Finding:
A -1. The site is located in the Old Newport Boulevard Specific Plan District in an area
designated as Retail and Service Commercial. Medical office is a permitted use within
this district.
B. That the proposed location of the use permit and the proposed conditions under which it
would be operated or maintained will be consistent with the General Plan and the purpose
of the district in which the site is located; will not be detrimental to the public health,
safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to
the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
B -1. The proposed medical office is consistent with the General Commercial Office (CO -G)
land use designation. The waiver of three parking spaces will not be detrimental to the
adjoining properties as there are municipal parking spaces conveniently located
adjacent to the subject site.
B -2. The project as conditioned ensures the availability of adequate parking and off -sets
the increased parking demand associated with the intensification of the use (retail to
medical office) with the requirement to relinquish Use Permit No.2006 -017 for the
1,564 square -foot restaurant. Essentially, eliminating the restaurant limits the use of
the space to retail or general office use, which generates lesser parking demand, and
reduces the parking requirement by one space. Any alternative proposal to convert
retail space to medical office with retention of the restaurant can be detrimental to the
properties or improvements in the vicinity as peak parking demand times for the
City Council Resolution No.
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restaurant are likely to vary and be more unpredictable than other retail uses and
could negatively impact the availability of parking.
C. That the proposed use will comply with the provisions of this code, including any specific
condition required for the proposed use in the district in which it would be located.
Facts in Support of Finding:
C -1. In accordance with Section 20.66.100, a waiver of the required parking may be
allowed as municipal parking spaces are conveniently located adjacent to the subject
site. These spaces are located as to be useful in connection with the conversion of
retail space to medical office use as they provide sufficient parking based upon the
November 15, 2009, parking study prepared by Traffic Safety Engineers.
C -2. Compliance with all other applicable regulations of the Municipal Code will be required
and enforced.
D. If the use is proposed within a Residential District (Chapter 20.10) or in an area where
residential uses are provided for in Planned Community Districts or Specific Plan Districts,
the use is consistent with the purposes specified in Chapter 20.91A and conforms to all
requirements of that Chapter.
Facts in Support of Finding:
D -1. The proposed use is not located within a Residential District.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach
hereby denies the appeal and upholds and affirms the decision of the Planning Commission
to approve Use Permit No. UP2009 -014 based upon the recitals and findings above and
incorporated by reference and subject to the conditions set forth in Exhibit A, which is attached
hereto.
This resolution shall take effect immediately upon adoption. Passed and adopted by the City
Council of Newport Beach at a regular meeting held on the March 23, 2010 by the following vote
to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
ATTEST:
CITY CLERK
City Council Resolution No.
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan
stamped and dated March 23, 2010. (Except as modified by applicable conditions of
approval.)
2. Use Permit No. 2009 -014 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless
an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
6. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
8. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
9. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
10. The medical office shall be limited to a maximum of 3,061 gross square feet
11. The applicant shall submit a revised site plan showing the striping of three additional
parallel parking spaces between the subject property and adjacent municipal lot and
the restriping of the existing parking spaces fronting the building to accommodate one
additional disabled parking space within the public right -of -way. The plan shall be
City Council Resolution No.
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reviewed by the Public Works Department and Building Department for compliance
with applicable requirements. Implementation of these improvements shall be subject
to the approval of an encroachment permit/agreement and inspection by the Public
Works and Building Department inspectors. The encroachment permit/agreement shall
be obtained prior to the issuance of a building permit or establishment of the proposed
medical office use.
12. Prior to the issuance of a building permit for the proposed project or the establishment
of the proposed medical office use, the owner shall relinquish all rights granted
pursuant to Use Permit No. 2006 -017 for the full - service, small -scale eating and
drinking facility.
Attachment No. CC 2
Use Permit No. 2006 -017
September 15, 2006
0
63)
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644 -3200 FAX (949) 644 -3229
Patrick Carpenter
2017 South El Camino Real
San Clemente, CA 92672
1101
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Application: Planning Director's Use Permit No. UP2006 -017 (PA2006 -163)
Applicant: Patrick Carpenter
Site Address: 325 Old Newport Boulevard
Legal Description: Lot 24, Block 9, Tract 27
Request as Modified and Approved.
To establish a full- service, small -scale eating and drinking facility business. There will be no
service of alcoholic beverages for on -site or off -site consumption. The facility is currently
authorized as a restaurant by Use Permit No. 3622 and its amendments. This use permit will
supersede all previous approvals with the exception of any parking waivers granted in
conjunction with Use Permit No. 3622 or its amendments which are carried forward with this
application. The property is located in the SP -9 (Old Newport Boulevard Specific Plan
Area) District.
DIRECTOR'S ACTION
APPLICATION REQUEST
Approved, September 15, 2006
To establish a full - service, small -scale eating and drinking facility with no service of
alcoholic beverages. In approving this application, the Planning Director analyzed issues
with regard to FAR Compliance and the parking requirements. The detailed analysis can
be found in the attached appendix. In consideration of those aspects, the Planning
Director determined in this case that the proposal would not be detrimental to persons,
property or improvements in the neighborhood. The Planning Director's Use Permit, as
approved, would be consistent with the legislative intent of Title 20 of the Newport Beach
Municipal Code based on the following findings:
FINDINGS
The eating and drinking establishment is consistent with the General Plan and
the purpose of the SP -9 (Old Newport Boulevard Specific Plan Area) District in
which the site is located; will not be detrimental to the public health, safety,
peace, morals, comfort, or welfare of persons residing or working in or adjacent
to the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city. The use has
been conditioned in such a manner to minimize the impacts associated with the
parking demand of such food service facility. The plans, as conditioned, meet the
design and development standards for eating and drinking establishments.
2. The operational characteristics of the proposed use, including the hours of
operation, are consistent with Municipal Code requirements. Any change in the
operational characteristics, including a change in the hours of operation, would
require an amendment to the Use Permit, reviewed by the Planning Director.
3. The project has been reviewed, and it qualifies for a categorical exemption
pursuant to the California Environmental Quality Act under Class 1 (Minor
alteration of existing structures).
CONDITIONS
1. The development shall be in substantial conformance with the floor plan approved
by the Planning Director as submitted on July 20, 2006.
2. The original Use Permit No. 3622, approved by the Planning Commission on
March 19, 1998 - to waive a portion of the required parking, is continued and
maintained by this approval by reference. A copy of the minutes and the Exhibit of
Approval are attached.
3. The previous amendment to Use Permit No. 3622 (PA2002 -172), approved by the
City Council on January 28, 2003 - to add alcoholic beverage service to the
existing restaurant, is rendered null and void in conjunction with this approval.
Future addition of alcoholic beverage service will require an amendment to this
application and approval by the Planning Commission.
4. Any change in operational characteristics, hours of operation, expansion in area,
or operation characteristics, or other modifications to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit application.
September 15!, 2006
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5. Should this business be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent. Future
owners, operators or assignees shall submit, within 30 days of transfer or sale of
the business, a letter to the Planning Department acknowledging their receipt and
acceptance of the limitations and conditions of approval of this Use Permit.
6. Trash generated by the business shall be screened from view from adjoining
properties except when placed for pick -up by refuse collection agencies. Trash
receptacles for patrons shall be conveniently located both inside and outside the
proposed facility.
7. No outdoor loudspeaker or paging system shall be permitted in conjunction with
the operation.
8. The sale of alcoholic beverages, in conjunction with the eating and drinking
establishment, shall be prohibited unless an amendment to this use permit is first
approved by the Planning Commission.
9. The interior area authorized for dining shall be limited to 1,564 sq. ft. as delineated
on the approved floor plans with a maximum of 24 seats. The outdoor patio dining
area and the total number of seats permitted in the outdoor area shall be limited to
a maximum of eight. The applicant shall provide and maintain necessary
barricades around the patio to delineate it from the parking and access areas.
Substantial changes to the floor plans shall require prior approval by the Planning
Director.
10. Hours of operation shall be from 6:00 am to 10:00 pm daily, and the patio outside
dining area shall be from 6:00 am to 10:00 pm daily.
11. Live entertainment and dancing shall be prohibited at all times.
12. Special Event Permits are prohibited for any event or promotional activity outside
the normal operational characteristics of the business or any other activities as
specified in the Newport Beach Municipal Code that require such special events
permit. Special Event Permits for increase in the hours of operation are prohibited
unless the hours of operation of the facility are first approved by an amendment to
this use permit by the Planning Director.
13. The exterior of the premises shall be maintained free of litter and graffiti at all
times. The owner or operator shall provide for daily removal of trash, litter debris
and graffiti from the premises and on all abutting sidewalks within 20 feet of the
premises and the parking lot.
September 15, 2006
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14. Any event or activity staged by an outside promoter or entity, where the business
owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge,
including minimum drink orders or sale of drinks, is prohibited.
15. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code and Plumbing Code requirements.
Adequate access and exiting must be provided in accordance with the Building
Code.
16. Plumbing Code and all applicable Uniform Building Code requirements
17. Delivery vehicles shall not park within the public right -of -way of Old Newport
Boulevard, but shall be directed to park and unload in the municipal parking lot
adjacent to the subject property.
18. Upon evidence that noise generated by the project exceeds the noise standards
established by Chapter 20.26 (Community Noise Control) of the Municipal Code,
the Planning Director may require that the applicant or successor retain a qualified
engineer specializing in noise /acoustics to monitor the sound generated by the
restaurant facility to develop a set of corrective measures necessary in order to
insure compliance.
19. The applicant shall continue to maintain an encroachment permit and agreement
with the City providing for a minimum of 4 parking spaces located on the City right -
of -way property contiguous to and south of the property.
20. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. The noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
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Between the hours of
7 :OOAM and 10:00PM
Between the hours of
10:00PM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located within
100 feet of a commercial
property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
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STANDARD CITY REQUIREMENTS
All signs, including signs for the subject food service use, shall conform to the
provisions of Chapter 20.67 of the Municipal Code, which requires the filing of a
Comprehensive Sign Program for a multi- tenant commercial building with three or
more tenants. Prior to issuance of building permits or sign permits the applicant
shall file and have receive approval of an application for comprehensive sign
program for all the building signs. No temporary "sandwich" signs or similar
temporary signs shall be permitted, either on -site or off -site, to advertise the
restaurant.
2. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal, as determined by the
Building Department and the Utilities Department. Where grease may be
introduced into the drainage systems, grease interceptors shall be installed on all
fixtures as required by the Uniform Plumbing Code, unless otherwise approved by
the Building Department and the Utilities Department.
3. The facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and approval
by the Building Department.
4. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter
10.26 of the Newport Beach Municipal Code, Community Noise Control.
5. The project shall comply with State Disabled Access requirements.
6. The facility and related off - street parking shall conform to the requirements of the
Uniform Building Code. The project shall comply with State Disabled Access
requirements.
Health Department approval is required for any changes to the kitchen and other
portions of the building that require a Building Permit.
8. Handicapped accessible public restrooms are required either within the restaurant
or within the building complex. The restrooms must be in compliance with the
Uniform Building Codes and local building code requirements.
9. This use permit may be reviewed, modified or revoked by the Planning
Commission or City Council 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.
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• •
10. This approval shall expire unless exercised within 24 months from the end of the
appeal period, in accordance with Section 20.91.050 of the Newport Beach
Municipal Code.
The decision of the Planning Director may be appealed by the applicant or any interested
party to the Planning Commission within 14 days of the decision date. Any appeal filed
shall be accompanied by a filing fee of $600.0 0.
On behalf of Patricia L. Temple
Zoning fdministrkbr Javier S. Garcia, AICP
Attachments: Appendix
Vicinity Map
Sample Menu
Excerpt of P.C. Minutes, dated March 19, 1998 (UP No. 3622)
Site plan with existing parking
Floor Plan
c: Donald R. Abrahm, AEA Investments
c/o: Kevin Quick, Lee & Associates
7700 Irvine Center Drive, Suite 600
Irvine, CA 92618
*There were no letters in support or opposition.
September 15, 2006
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r
APPENDIX
Site /Project Overview
0
The existing eating and drinking establishment is a small pizza restaurant with alcoholic
beverage service and outdoor dining located on a triangular- shaped parcel between Old
Newport Boulevard and Newport Boulevard. Currently, the facility occupies
approximately 650 square feet within a building with other retail and office uses. There
is an existing 228 square -foot dining patio, and seating is limited under the current use
permit to a maximum of 20 seats in the interior and 8 seats on the patio. The applicant
proposes to increase the restaurant size to 1,564 square feet and to add additional
seating to a maximum of 24 seats inside the restaurant. The recommended hours of
operation are from 6:00 am to 10:00 pm, daily.
Background
Use Permit No. 3622 (formerly Hotties Pizza) was approved by the Planning
Commission on March 19, 1998. The approval was for a full- service, small -scale eating
and drinking establishment (coffee shop) as previously described. Included in the
original application was a request for a parking waiver. Subsequently, Outdoor Dining
Permit No. 52 was administratively approved allowing the outdoor dining in a patio area
adjacent to the main entrance on the south side of the building.
Analysis
The applicant now proposes to modify the operational characteristics of the business
from a pizza parlor with on -site dining to a coffee shop diner with breakfast and lunch
service. To that end, the applicant is requesting an amendment of the existing use
permit to scale back the hours of operation to 3:00 pm, seven days a week. In addition,
applicant is surrendering the previous authorization that allowed the sale of beer and
wine for on -site consumption as was previously authorized by the Use Permit No. 3622.
General Plan
The City's General Plan designates the site as Retail and Service Commercial. Eating
and drinking establishments are a permitted use within the RSC General Plan land use
category. Therefore, the applicant's request is consistent with the General Plan.
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Hours of Operation
The applicant's request includes an amendment to the operating hours. The existing
conditions for the use permit include the hours of operation limited to 6:00 am to 2:00
am, daily. Applicant is proposing to change the type of restaurant from a pizza parlor to
a coffee shop, and is therefore requesting that the hours be scaled back to 3:00 pm,
seven days a week. It is staffs recommendation that the hours of operation be
established to between 7:00 am and 10:00 pm to respond to minor fluctuations in
business activity due to the seasonal and climatic changes. The patio will be closed at
10:00 pm a condition (No. 14) relating to operating hours has been included in
accordance with the Police Department recommendation.
Parking
The original approval of Use Permit No. 3622 included a parking waiver. The site is
nonconforming in that the number of off - street parking spaces for the entire commercial
building (a total of 12 spaces are provided) does not meet the current Code
requirements. The parking waiver of 7 spaces was granted for the original use permit
on the basis that a public parking lot is provided adjacent to the property to the south,
and an encroachment permit has been executed between the property owner and the
City for the use of parking spaces within that lot. This tenant is allocated 4 parking
spaces. The applicant's proposal to change the nature of the restaurant use, the hours
of operation, and the size of the space to increase the maximum seating to 24 seats.
The required parking based on one space for three seats can be accommodated by the
combination of the waiver (7 spaces) and the allocated spaces provided in the adjacent
parking lot (4 spaces). Therefore, in staff's opinion, the parking waiver, as originally
granted under UP No. 3622, is acceptable and the public parking provided in the
adjacent parking lot remains adequate to serve the use.
Outdoor Dining
An Outdoor Dining Permit (No. 52) was administratively approved by staff on December
22, 1998. That permit approval limits the outdoor dining to eight seats in an area of
approximately 228 square feet located at the south end of the building and adjacent to
the main entrance. The Accessory Outdoor Dining Permit No. 52 remains in full force in
conjunction with this approval.
The Planning Department approved Specialty Food Service Permit No. 5 on June 1,
1994, which permitted the establishment of the subject food service facility with incidental
seating. One employee was projected to be on duty at all times. In conjunction with that
approval, the Planning Department required no additional parking spaces be provided,
beyond the 4 spaces required for the subject facility.
September 15, 2005:
I:\USERS\PLN \Shared\PA's \PAs - 2006 \PA2006.163 \UP2006 -017 appr.doe
Page Ek
•
Comparison of Proposed and Existing Operation
Area devoted to waiting and dining within the facility.
September 15, 2006
l: \USERS \PLN \Shared\PXs \PAs - 2006 \PA2006- 163\UP2006 -017 appr.doe
Page 9.
Propose dtA gv -- '%',�:. 0
x�
r
a 0 ea fm
Restaurant Type Classification
Full- Service, Small Scale
Specialty Food Service No. 5
Live Entertainment
No
No
Dancing
No
No
Valet Parking Service
No
No
Number of Employees:
3.4 em to ees
3-4 employees
Number of Seats:
24 interior seats
20 interior seats authorized
_
(removal of all unauthorized seats)
8 exterior seats authorized
(Outdoor Dining Permit No. 52)
Alcoholic Beverage Service
NO
NO
Hours:
Staff recommendation:
Food Service
7:00 a.m. to 10:00 p.m., daily
7:00 a.m. to 2:00 AM daily
(consistent with the hours
resented by the applicant)
Gross Square Footage of Bldg:
6,324 scift
6,324 s .fL
Subject Tenant Space:
1,564 sq.ft.
650 sq.ft.
Net Public Area (% of space)
Bar Area:
N/A
N/A
Dining Areas:
585 sq.ft.
288 sq.ft.
Subtotal:
585 sq.ft. (36 %)
288 sq.R. (36 %)
Other area:
Restroom, storage,
kitchen and service:
979 sq.ft. (64 %)
362 sq.ft. (64 %)
TOTAL AREA:
1,564 sq.ft.
650 s .fL
Area devoted to waiting and dining within the facility.
September 15, 2006
l: \USERS \PLN \Shared\PXs \PAs - 2006 \PA2006- 163\UP2006 -017 appr.doe
Page 9.
Parking Comparison
����s•�'R
p *�t�'�
Restaf(N )iCAte trots E y�`"rt
�x NE
�".^,w. 1.9 '`
S t n ,{
Property Parking:
Parking Available
Off-site:
Parking Required
12 paces
12 spaces
@1/250 sq.ft:
Status of Parking:
7 spaces
Legal Non - Conforming
3 spaces
Legal Non - Conforming
Deficient 8 spaces
Deficient 7 spaces
Basis for the parking waiver granted
Basis for the parking
by approval of Use Permit No. 3622
waiver granted by
approval of Use Permit
No. 3622
Niahttime
fnr 20 seats
Full- service, small scale
Parking Requirement:
@ 1 space /3 seats:
Daytim e
(for 24 seats
Nighttime
for 24 seats
8 spaces
8 spaces
7 spaces
(existing deficit of 3)
(existing g deficit of 3 )
(existing deficit of 3)
8 spaces
8 spaces
@ 1 space/75 sq.ft. "npa ":
8 spaces
deficit of 4
deficit of 4
deficit of 4
Parking Allocated to Retail
and Office Uses On -Site:
NONE
NONE
NONE
Parking Allocated to
Restaurant Use:
4 spaces
By the encroachment
4 spaces
By the encroachment
4 spaces
By the encroachment
agreement granted by
agreement granted by
agreement granted by
approval of Use Permit No.
approval of Use Permit
approval of Use Permit
Parking Waived for the
Restaurant Use:
3622
7 spaces
Waiver granted by
Use Permit No. 3622
No. 3622
7 spaces
Waiver gra 'td by
Use Permit No. 3622
No.3622
7 spaces
Waiver granted by
Use Permit No. 3622
Revised Parking Status:
Reduction in
Non - Conforming Status
Reduction in
Non- Conforming Status
..�
Deficient 1 spaces
Deficient 1 spaces
Staff Recommendation:
4 Parking Spaces in the adjacent parking lot, maintain
legal non - conforming status and limit net public area to
585 sq ft
The waiver of 7 parking spaces is
continued with this application
Staff is of the opinion that the combination of the granted parking waiver (7 spaces) and
the required allocation of parking in the adjacent parking lot will adequately serve the
parking demand of the proposed use, and that the expansion of use into the neighboring
tenant suite will result in an overall reduction of the parking demand of the property.
September 15, 2006'
I: \USERS \PLNkSharedkPA'skPAs: - 2006\PA2006- 163 \UP2006 -017 appr.doc.
Page 10'
Restroom Facilities
The applicant has requested an increase in authorized interior seating from 20 seats to
24 seats as allowed in the full- service, small scale restaurant provisions of the Municipal
Code. However, the increase in seating requires the provision to individual separate sex
restroom facilities. There are adequate restroom facilities available within the building to
serve the proposed use and the other on site uses. The additional sanitation facilities are
required by the Newport Beach Municipal Code and in compliance with the provisions of
the Health Code (Orange County).
September 15, 2006
1: \USERS \PLN \Shared\PA's \PAs - 2006\ PA2006 -163 \UP2006 -017 app €doc.
Page II
r
Planning Director's Use Permit UP2006 -017
Project No. PA2006 -163
Site Address
325 Old Newport Boulevard:
PIPET
WIPRE110 RAID
NO lffets . F40 T iff
NO pROLEM
f3
COQ
LATTES
FRESH BREWED -FREE REFILLS............
150
SINGLE -1202 DOUBLE -1602 10L
DBL
ICEQ
KONA BLEND
LATTE ......................... 15o
200
250
P=PES HOUSE BLEND
Espresso d Steamed Milk
FRENcH2
VANILLA LATTE............ 75
... i
2 25
2 75
TRIPLE-CERTIFIED DECAF
_
Espresso, Vanilla, d Steamed Milk
s
SM NOD Ls
NUTTY LATTE ................. 175
2x5
275
CAFE AU LATT ................
125 150 125
Espresso, Hazelnut, d Steamed Milk
I
Coffee d Steamed Milk
SKINNY LATTE ................ 1'30
200
250
CHOCOLATE CREAM COFFEE......
150 175 200
Espresso d Steamed Non -Fat Milk
l(
Coffee, Steamed. Milk Chocolate, d Whip
Cream
MOCHAS
TEAS
/ M1 S
SERVED W/ WHIPPED CREAM
GOVRMET LOOSE TEAS ...................
170
SINGLE -1202 DOUBLE -1602 SGL
PA
ICED
HERBAL BLACK
GREEN
MOCHA............ 175
.............
225
275
Blood. Orange Passlonf ft
Moroccan Mint
Espresso, Steamed Milk d Ghirardelli Chocolate
"Patch English Breakfast
Garden Treat Vanilla w/Pleres
Cherry Sukuro
Green Sencka
BATA MOCHA ................... 176
225
275
Organic Roalbos Moto Choi
White Pal Mu Ton
Espresso, Steamed Milk d Iborra Chocolate
HOT CHOCOLATE
CALIFORNIA MOCHA.hiteCh..... 2x5
Espresso, Steamed Milk d White Chocolate
27D
3z5
SERVED W/ WHIPPED CREAM
SM MD
WAY MOCH A............ 200
25 0
270
HOT MILK CHOCOLATE. ....
100 1S0 200
Espresso.
Espresso, Caramel, Steamed Milk Chocolate
RAZMATAZ MOCHA 200
250
275
Steamed Milk d Ghirordelli Chocolate
.............
Espresso, Raspberry, Steamed Milk Chocolate
MEXICAN HOT CHOCOLATE .....
100 150 2w
Mon -Fri lam to 2pm
Steamed Milk d Iborra Chocolate
ESPRESSOS sG
DA
TRP
WHITE HOT CHOCOLATE........
150 200 250
_�
Weekends lam to 3pn
Steamed MBk d White Chocolate
ESPRESSO ..................... .75
125
CAPPUCCINOS
RED EYE ....................... 150
Espresso d Brewed Coffee
a
250
5 =NGlE -802 DouBLE -12CZ
S6L � ICED
AMERICANO .................... x5
l
1 to
2 zs
949-498-5002
CAPPUCCINOedMilk
_
125 175 200
Espresso d He Water
..............
Espresso, Steamed Milk d Foam
MACCHIATTO................... 125
175
225
CARMEL CAPPUCCINO ..........
150 200 225
Espresso tapped with milk foam
2017 south E) Camino Rea(
Espresso, Caramel, Steamed Milk d Foam
CAPPUCCINO ROYAL............
175 200 225
son Clemente, CA 92672
Espre3xp, Vanilla,. Steamed Milk d Whipped Cream
(ir PIPES 1=A
Pipes
E g Burritos
#1
Eggs, sausage, avocado, cheese &
pica sauce in a flour tortilla ..................
4B5
�!t2
Eggs, bacon, potatoes, cheese &
pica sauce in a flour tortilla. .................
455
#3
Eggs, cilantro, green chile, cheese
& pica sauce in a flour tortilla ..............
455
#4
Eggs, ham, bell pepper, onion, cheese
& pica sauce in a flour tortilla ..............
455
S.C. Scramblers
Served w/ Pipes potatoes & English muffin
Bacon Scrambler - Eggs, bacon, onion,
bell pepper & cheese ... ............................... 565
Ham Scrambler - Eggs, ham, onion,
bell pepper & cheese ... ............................... 565
Sausage Scrambler - Eggs, sausage,
avocado & cheese.... ............................ 595
Veggie Scrambler .
`Eggs, onion, cilantro, tomato, cheese, sliced
tortillas & pica sauce ... ............................... 565
Cottons Combos
Eggs served scrambled w /cheese on all combos
Pancakes, Bacon & Scrambled Eggs ....... 495
Little Breakfast - 2 eggs Pipes potatoes
& wheat toast ................ ............................... 450
w/ bacon .......................... ............................... 550
Big Breakfast w/ Pancakes
Eggs, bacon Pipes potatoes, pancakes
English muffin ............. ............................... 5e5
Big Breakfast w/ French Toast
Eggs, bacon, Pipes potatoes, French toast
& English muffin ............. ............................... 625
Just ... Off The Lip
Pipes Egg Sandwich
Toasted English muffin filled w/ eggs,
bacon cheese tomato slice & mavo......... 295
Pipes Pancakes (3) ............... ............................325
1 Pancake....... 150 2 Pancakes...... 250
French Toast (3) - ........ ............................... 350
1 Piece....... 150 2 Pieces...... 250
Pipes Potatoes - Diced potatoes, cheese,
onions, & bell peppers . ............................... 195
Fresh Baked Muffins - Blueberry,
Carrot Raisin Bran, Lemon Poppy Seed,
Banana Nut, Cranberry- Orange ............. 175
(These go fast & flavors vary so come early)
Bagel Plate - Plain bagel, cream cheese, &
side of fresh fruit ......... ............................395
Extras
Toasted Breads - Wheat, Sourdough,
English muffin, Flour Tortilla ................. 125
Link Sausage ........................... ............................125
CrispBacon ........................... ............................... 125
Big 61' Slice of Ham ............ ............................195
Beverages
Soda Pop (free refills)..
32oz To Go Cup ...
Iced Tea (free refills).,
32oz To Go Cup ...
Fresh Squeezed OJ.......
Martinelli s Apple Juice
Milk (whole or non - fat)..
...................... 150
............. I........ 195
........... 150
..
.................. . . 195
SM 165 LG 215
SM 145 LG 195
SM 125 LG 175
1.VNCU CRIND!
Pipes Burgers - 1/31b Fresh ground beef,
lettuce, tomato, onion, pickle, mayo,
mustard, ketchup ....... ............................... 475
w/ cheese .......... ............................add .20
w/ bacon ............ ............................add .75
Chicken Burger - Chicken breast tenders,
green chile,,lack cheese, olives, lettuce, tomato,
onion, pickle, mayo, & pica sauce ..................... 575
Veggie Sandwich - Avocado, jack cheese,
green chile, olives, lettuce, tomato, onion, pickle
Mayo, & pica sauce on a seeded bun .............. 475
Turkey & Avocado - Sliced turkey, avocado,
lettuce, tomato, onion, & Mayo,,,,,,,,,,,,,,,,,,,,,,, 575
Granny's Egg Salad - Eggs, Mayo, lettuce,
tomato, onion on toasted whale wheat.......... 395
Pipes Tuna Stock - White albacore tuna,
Mayo, lettuce, tomato, onion, pickle,
on a seeded bun ................ ............................... 495
B.L.T. & A. - Bacon, lettuce, tomato,
avocado, & mayo on toasted whole wheat.... 495
Quesadilla - Cheddar cheese grilled in a f10!
tortilla,& served with pica sauce ................... 2'
W/ grilled chicken ........... ............................... 475
Grilled Cheese - Cheddar cheese grilled
between sourdough bread .............................. 275
Pipes Cobb Salad - Grilled chicken, bacon,
egg, avocado, tomato, onion,& cheddar
cheese on chopped romaine., 15
......................... 69
Cobb - Half Order ...................... 5
Caesar Salad ...................... ............................... 450
Caesar - Half Order ........................... 29
Caesar w/ Grilled Chicken :........................... 5
Caesar w/ Chx - Half Order ............ 325 -
French Fries ....................... ............................... 175
u
' CRy of Newport Beach
Planning Cormnission Minutes
March 19,1998
•
Bayside Drive /Jamboree Road. Therefore, ICU analyses have been
c ed for these three study intersections during the PM peak
hour. Fur FK analysis of the p.m. peaks for the intersection of
East Coast High nd Jamboree Road, which currently
operates at a LOS C, are t to deteriorate one service level
and operate at LOS D (ICU of 0. 1 three intersections are
forecast to operate at LOS D or better during Deak hour.
Commissiontook a five minute break
SUBJECT: BNo's Cafe (Dennis D'Alesslo, applicant)
326 Old Newport Boulevard
• Use Permit No. 3622
A use permit for a 650 square foot, 20 seat, full- service, small-scale eating
and drinking establishment (coffee shop). The application includes a
request for a waiver of oil required off - street parking spaces.
Commissioner Fuller confirmed with staff that the four parking spaces
shown on the parking plot plan are located on City property.
Public Comment was opened.
Dennis D'Alessio Jr. and Sr., 325 Old Newport Boulevard spoke on behalf
of their application. They had asked for a waiver of parking due to the
large lot located next door. The question came up as to how to
approach this, with an encroachment permit or parking site plan. The
Planning Commission indicated a requirement to provide and maintain
a minimum of four off - street parking spaces. At Commission inquiry, the
applicant stated he has read and agrees to the findings and conditions
of Use Permit No. 3622
Commissioner Fuller confirmed that the applicant wdR pave only these
four parking spaces with the ingress and egress to those spaces and that
will be accommodated by an Encroachment Permit.
Ms. Temple noted that if the conditions under which the use permit was
approved should disappear, then the use permit would have to come
back as a new application or the restaurant would have to cease
operation.
Assistant City Attorney Clauson noted that there were no foreseeable
Plans to turn that lot into a Municipal Parking Lot. If it would be, then
included in the Encroachment Permit are provisions that the City could
invoke its right to take over this use. At that time, it would be worked out
with whatever is available, i.e., an in lieu program or an additional
19
INDEX
Item No. 4
Use Pemdl No. 3622
Approved
Fr-1
Li
City of Newport Beach
Planning Commission Minutes
March 19,1998
waiver.
Public Comment was closed.
Motion was made by CommissionerSelich to approve the Use Permit No.
3622 subject to the findings and conditions in Exhibit A.
Without objection and by show of hands, MOTION PASSED.
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3622
As amended May 7,1998
Findings;
1 • That the Land Use Element of the General Plan designates the site for "Retail
and Service Commercial" uses and a restaurant is a permitted use within this
designation.
2. That the project is located within the Old Newport Boulevard Specific Plan
District which permits eating and drinking establishments with the approval of
a use permit
3. That this project has been reviewed, and it has been determined that it is
categorically excerpt from the requirements of the Caffinua Environmental
Quality Act under Class I (Existing Facilities).
4. That the approval of Use Permit No. 3622 to allow a full- service, small-scale
eating and drinking establishment will not, under the circnnstances of the
case, be detrimental to the health, safety, peace, morals, comfort and general
welfare of persons residing or working in the neighborhood or be detrimental
or injurious to property or improvements in the neighborhood or the general
welfare of the City because the proposed coffee shop is compatible with the
surrounding commercial and nearby residential uses since restaurant uses are
typically allowed in mixed commerciallresidential districts.
S. That the waiver of the required off - street parking spaces is mitigated by a
puking management plan for the project site which provides for the
construction and maintenance of the necessary off - street parking on the public
right - of-way property located south of the project site.
Conditions:
1. A waiver of the 7 required parking spaces shall be permitted.
2. Prior to issuance of any building permits, the applicant shall execute an
INDEX
•
City of Newport Beach
Planning Cornn*slon Minutes
March 19,19" INDEX
eneroacnment permit ana accompanying encroachment agreement providing for
the construction of a minimum of 4 parking spaces, including sufficient ingress
and egress, on the City right -of-way property contiguous to the subject property.
The encroachment permit and agreement shall also include any awnings,
stairwells, drainage, landscape and handscape improvements, parking signs, and
related improvements. The final design of all improvements shall be subject to the
approval of the Public Works Department, Planning Department and City
Attorneys office. All parking improvements shall be completed prior to the
issuance of any occupancy permits.
3. In the event that the City develops the City right -of- -way property contiguous to the
subject property as a municipal perking facility, the applicant shall provide a
minimum of 4 off - street parking spaces by obtaining an in -]feu parking pest, if
such is available from the City at that time. Any alternative method of providing
the required 4 off - stred parking spaces shall require an amendment to the use
permit approved by the Planning Commission.
4. No live entertainment or dancing shall be permitted on the project site.
5. No alcoholic beverages shall be sold of served on the project site.
6. The hours of operation shall be limited to 6:00 am. to 3:00 pm. and any increase
in the hours of operation shell be subject to the approval of an amendment to this
use permit
7. Should this business be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the canvat business owner, property owner or the leasing company.
Supersedes the following:
That the Land Use Bement of the General Plan designates the
site for'Retal and Service Commercial" uses and a restaurant is a
permitted use within this designation.
2. That the project is located within the Old Newport Boulevard
Specific Plan District which permits eating and drinking
establishments with the approval of a use permit.
3. That this project has been reviewed, and it has been determined
that it is categorically exempt from the requirements of the
California Environmental quality Act under Class 1 (Existing
Facilities).
21
t
City of Newport Beach
Planning Commission Minutes
March 19,1998
9
That the approval of Use Permit No. 3622 to allow a full- service,
small -scale eating and drinking establishment will not, under the
circumstances of the case, be detrimental to the health, safety,
peace, morals, comfort and general welfare of persons residing
or working in the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or the general
welfare of the City because the proposed coffee shop is
compatible with the surrounding commercial and nearby
residential uses since restaurant uses are typically allowed in
mixed commercial /residential districts.
5. That the waiver of the required off - street parking spaces is
mitigated by a parking management plan for the project site
which provides for the construction and maintenance of the
necessary off - street parking on the public right -of -way property
located south of the project site.
& A waiver of the 7 required porking spaces shall be permitted
9. Prior to issuance of any building permits, the applicant shall execute
an encroachment permit and accompanying encroachment
agreement providing for the construction of a minimum of 4 parking
spaces, including sufficient ingress and egress, on the City right -of-
way property contiguous to the subject property. The
encroachment permit and agreement shall also include any
awnings, stairwells, drainage, landscape and hardscope
improvements, parking signs, and related improvements. The final
design of all improvements shall be subject to the approval of the
Public Works Department, Planning Department and City Attorneys
office. All parking improvements shall be completed prior to the
issuance of any occupancy permits.
10. In the event that the City develops the City right -of -way property
contiguous to the subject property as a municipal parking facility,
the applicant shall provide a minimum of 4 off - street parking spaces
by obtaining an in4leu parking permit, if such is available from the
City at that time. Any alternative method of providing the required 4
off - street parking spaces shall require an amendment to the use
permit approved by the Planning Commission.
11. No live entertainment or dancing shall be permitted on the project
site.
12. No alcoholic beverages shall be sold or served on the project site.
22
INDEX
f'
City of Newport Beach
Planning Commission Minutes
March 19, 1998
13. The hours of operation shall be limited to 6,00 a.m. to 3.00 p.m, and
any increase in the hours of operation shall be subject to the
approval of an amendment to this use permit
14. Should this business be sold or otherwise come under different
ownership, any future owners or assignees shah be notified. of the
conditions of this approval by either the current business owner,
property owner or the leasing company.
Shelton Residence (Robert Shelton, applicant)
• General Plan Amendment 98 -1 (D)
• Amendment 870
• LCP Amendment 49
Amendm&nts to the General Plan and Local Coastal Program Land Use
Plan and ezone amendment which are necessary to annex a
portion of a si le family residential parcel that is located outside of the
city limits.
Public Comment was 9pened and closed
Motion was made by Corhm'issioner Adams to adopt Resolution No. 1462
recommending approval oPan amendment to the Land Use Element of
the Newport Beach General Plan and the Local Coastal Program Land
Use Plan IGPA 98- 1(0))/LCP' ;No. 49 and Resolution No. 1463
recommending approval of Amendment No. 870 to the City Council.
Without objection and by acclamation, MOTION PASSED
SUBJ Joe's Crab Shack (Crab Addison, Inc., applicant)
2607 west Coast Highway '
• Use Permit No. 3627
A request to allow a change in the operational chardpteristics of an
existing restaurant to allow five entertainment involving - singing and
dancing performances by waiters and waitresses with patron 15NOcipation
In association with amplified sound and music. The restaurant usd-4.. legally
non - conforming since it was established prior to the requirementfo use
permit.
Ms. Temple clarified that the staff's determination in regards to needing \o
use permit to allow the live entertainment was based on the full scope -
23
Item No. 5
GPA 98 -1 D
A No. 870
LCP No. 49
Approved
Item No. 6
UP No. 3627
Approved
INDEX
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Attachment, No., CC 3
Appeal,
Steffen, Erin
From:
Parandigm @aol.com
Sent:
Thursday, February 04, 2010 3:00 PM
To:
Alford, Patrick; Brown, Leilani
Cc:
Lepo, David; Steffen, Erin
Subject:
Re: Ong Parking Waiver
Leilani & Dave:
Based on the information provided to me by Patrick Alford regarding the parking requirements for the property in question,
I would like to call up the denial by the Planning Commission of Mr. Ong's requested parking waiver. Please let me know if
there is anything further I need to do.
Thanks
Steve Rosansky
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH REVERSING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING USE PERMIT NO.
2009 -014 TO WAIVE THE ADDITIONAL OFF - STREET PARKING
REQUIRED FOR THE CONVERSION OF 2,600 SQUARE -FEET
OF RETAIL TO MEDICAL OFFICE IN AN EXISTING MULTI -
TENANT BUILDING LOCATED AT 333 OLD NEWPORT
BOULEVARD (PA2009 -059)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
1. The applicant proposes to convert a 2,600 square -foot retail space to medical office in
an existing multi- tenant building located at 333 Old Newport Boulevard, and legally
described as Tract 27 Lot 24 Block 9 Triangular Lot in Lot — including portion of
abandoned streets adjacent on northwest and southwest NW & SE in the City of Newport
Beach, California. Based upon the minimum required parking ratios of the Zoning
Code specified in Section 20.66.030, two additional spaces are required. The subject
property does not provide any off - street parking and the site cannot be modified to
provide additional parking without demolition of the existing multi- tenant building.
2. In accordance with Section 20.66.100 and Chapter 20.91 of the Municipal Code, an
application for a use permit requesting the waiver of 2 parking spaces was filed by Ann
Ong Hung.
3. This project is categorically exempt from environmental review pursuant to Section
15301 of Title 14 of the California Code of Regulations. The existing building will
remain with no additional square footage; the scope of the physical construction is
limited to minor interior alterations and restriping of existing parking spaces.
4. At a public hearing held on January 21, 2010, the Planning Commission adopted
Resolution No. 1796 approving a use permit application to waive the additional off -
street parking spaces required for the conversion of 3,061 square -feet of retail to
medical office subject to conditions of approval. The resolution contains facts
supporting findings pursuant to Section 20.91.035 of the Newport Beach Municipal
Code. The Commission included Condition No. 12 to relinquish the rights of Use
Permit No. 2006 -017, which allows for a small, but currently vacant, restaurant in the
first floor of the building at 333 Old Newport Boulevard. Abandoning the use permit
would reduce the overall parking demand for the building to off -set the increased
parking demand associated with the intensification of the use (retail to medical office).
5. During the January 21, 2010, hearing, the Planning Commission considered an
alternative request suggested by the applicant to convert a smaller retail space to
medical office (2600 sq. ft.) and to delete Condition No. 12 to retain the rights of Use
Permit No. 2006 -017. Although the overall parking waiver would have been reduced
from 3 spaces to 2 spaces, the Commission denied the alternative proposal because
City Council Resolution No.
Page 2 of 5
peak parking demand times for the restaurant are likely to vary and be more
unpredictable than other retail uses and could impact the availability of parking.
6. On February 4, 2010, Council Member Rosansky appealed the decision of the Planning
Commission in accordance with Section 20.95.050. The case, including the approved
project and the rejected alternative proposal, was requested to be reviewed by the City
Council.
7. A public hearing was held on March 23, 2010 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
8. In accordance with Section 20.66.100 and Chapter 20.91, the City Council found the
following:
A. That the proposed location of the use is in accord with the objectives of this code and the
purposes of the district in which the site is located.
Facts in Support of Finding:
A -1. The site is located in the Old Newport Boulevard Specific Plan District in an area
designated as Retail and Service Commercial. Medical office is a permitted use within
this district.
B. That the proposed location of the use permit and the proposed conditions under which it
would be operated or maintained will be consistent with the General Plan and the purpose
of the district in which the site is located; will not be detrimental to the public health,
safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to
the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
B -1. The proposed medical office is consistent with the General Commercial Office (CO -G)
land use designation. The waiver of two parking spaces will not be detrimental to the
adjoining properties as there are municipal parking spaces conveniently located
adjacent to the subject site.
B -2. Although parking demand for restaurants can be more unpredictable, elimination of the
restaurant is not necessary given its small size and a long side with the reduction of
medical office proposed, which reduces parking demand, and the sufficient availability
of public parking in the immediate vicinity based upon the parking surveys prepared by
Traffic Safety Engineers (TSE).
C. That the proposed use will comply with the provisions of this code, including any specific
condition required for the proposed use in the district in which it would be located.
City Council Resolution No.
Paae 3 of 5
Facts in Support of Finding:
C -1. In accordance with Section 20.66.100, a waiver of the required parking may be
allowed as municipal parking spaces are conveniently located adjacent to the subject
site. These spaces are located as to be useful in connection with the conversion of
retail space to medical office use as they provide sufficient parking based upon the
November 15, 2009, parking study prepared by Traffic Safety Engineers.
C -2. Compliance with all other applicable regulations of the Municipal Code will be required
and enforced.
Finding:
D. If the use is proposed within a Residential District (Chapter 20.10) or in an area where
residential uses are provided for in Planned Community Districts or Specific Plan Districts,
the use is consistent with the purposes specified in Chapter 20.91A and conforms to all
requirements of that Chapter.
Facts in Support of Findinq:
D -1. The proposed use is not located within a Residential District
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach
hereby approves the appeal and modifies the decision of the Planning Commission to
approve Use Permit No. UP2009 -014 based upon the recitals and findings above and
incorporated by reference and subject to the conditions set forth in Exhibit A, which is attached
hereto.
This resolution shall take effect immediately upon adoption. Passed and adopted by the City
Council of Newport Beach at a regular meeting held on the March 23, 2010 by the following vote
to wit:
AYES, COUNCIL MEMBERS
NOES. COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
City Council Resolution No.
Page 4 of 5
j EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan
stamped and dated March 23, 2010. (Except as modified by applicable conditions of
approval.)
2. Use Permit No. 2009 -014 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless
an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
6. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
8. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
9. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
10. The medical office shall be limited to a maximum of 2,600 gross square feet.
11. The applicant shall submit a revised site plan showing the striping of three additional
parallel parking spaces between the subject property and adjacent municipal lot and
the restriping of the existing parking spaces fronting the building to accommodate one
additional disabled parking space within the public right -of -way. The plan shall be
City Council Resolution No.
Pape 5 of 5
reviewed by the Public Works Department and Building Department for compliance
with applicable requirements. Implementation of these improvements shall be subject
to the approval of an encroachment permit/agreement and inspection by the Public
Works and Building Department inspectors. The encroachment permit/agreement shall
be obtained prior to the issuance of a building permit or establishment of the proposed
medical office use.
Attachment No. CC 6
January 21, 2009 Planning Commission
Minutes and Staff Report
r;
FILE COPY
RESOLUTION NO. 1796
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2009 -014 TO WAIVE THE ADDITIONAL OFF - STREET PARKING
REQUIRED FOR THE CONVERSION OF 3,061 SQUARE -FEET
OF RETAIL TO MEDICAL OFFICE IN AN EXISTING MULTI -
TENANT BUILDING LOCATED AT 333 OLD NEWPORT
BOULEVARD (PA2009 -059)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The applicant proposes to convert a 3,061 square -foot retail space to medical office in
an existing multi- tenant building located at 333 Old Newport Boulevard. Based upon
the minimum required parking ratios of the Zoning Code specified in Section
20.66.030, three additional spaces are required. The subject property does not provide
any off- street parking and the site cannot be modified to provide additional parking
without demolition of the existing multi- tenant building.
2. In accordance with Section 20.66.100 and Chapter 20.91 of the Municipal Code, an
application for a use permit requesting the waiver of 3 parking spaces was filed by Ann
Ong Hung, with respect to property located at 333 Old Newport Boulevard, and legally
described as Tract 27 Lot 24 Block 9 Triangular Lot in Lot — including portion of
abandoned streets adjacent on northwest and southwest NW & SE in the City of Newport
Beach, California.
3. Public hearings were held on December 3, 2009, and January 21, 2010, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meetings were given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at these meetings.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt from environmental review pursuant to Section
15301 of Title 14 of the California Code of Regulations. The existing building will
remain with no additional square footage; the scope of the physical construction is
limited to minor interior alterations and restriping of existing parking spaces.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Planning Commission Resolution No. 1796
Page 2 of 5
Finding:
A. That the proposed location of the use is in accord with the objectives of this code and the
purposes of the district in which the site is located.
Facts in Support of Finding:
A -1. The site is located in the Old Newport Boulevard Specific Plan District in an area
designated as Retail and Service Commercial. Medical office is a permitted use within
this district.
Finding:
B. That the proposed location of the use permit and the proposed conditions under which it
would be operated or maintained will be consistent with the General Plan and the purpose
of the district in which the site is located; will not be detrimental to the public health,
safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to
the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
B -1. The proposed medical office is consistent with the General Commercial Office (CO -G)
land use designation. The waiver of three parking spaces will not be detrimental to the
adjoining properties as there are municipal parking spaces conveniently located
adjacent to the subject site.
Finding:
C. That the proposed use will comply with the provisions of this code, including any specific
condition required for the proposed use in the district in which it would be located.
Facts in Support of Finding:
C-1. In accordance with Section 20.66.100, a waiver of the required parking may be
allowed as municipal parking spaces are conveniently located adjacent to the subject
site. These spaces are located as to be useful in connection with the conversion of
retail space to medical office use as they provide sufficient parking based upon the
November 15, 2009, parking study prepared by Traffic Safety Engineers.
C -2. Compliance with all other applicable regulations of the Municipal Code will be required
and enforced.
Finding:
D. If the use is proposed within a Residential District (Chapter 20.10) or in an area where
residential uses are provided for in Planned Community Districts or Specific Plan Districts,
Planning Commission Resolution No. 1796
Page 3 of 5
the use is consistent with the purposes specified in Chapter 20.91A and conforms to all
requirements of that Chapter.
Facts in Support of Finding:
D -1. The proposed use is not located within a Residential District.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No
2009 -014, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
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 21St DAY OF JANUARY, 2010.
AYES: pti � U1�LN`I(��LDA4jia TCE1'L4C AAJu 4tt,t.gaG J
NOES:
ABSTAIN:
ABSENT:
BY:
Robert Hawkins, Chairman
l�
BY:
Charles Unsworth, Secretary
Planning Commission Resolution No. 1796
Page 4 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan
stamped and dated December 3, 2009. (Except as modified by applicable conditions of
approval.)
2. Use Permit No. 2009 -014 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless
an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
6. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
8. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
9. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
10. The medical office shall be limited to a maximum of 3,061 gross square feet.
11. The applicant shall submit a revised site plan showing the striping of three additional'
parallel parking spaces between the subject property and adjacent municipal lot and
the restriping of the existing parking spaces fronting the building to accommodate one
additional disabled parking space within the public right -of -way. The plan shall be
Planning Commission Resolution No. 1796
Pape 5 of 5
reviewed by the Public Works Department and Building Department for compliance
with applicable requirements. Implementation of these improvements shall be subject
to the approval of an encroachment permit/agreement and inspection by the Public
Works and Building Department inspectors. The encroachment permit/agreement shall
be obtained prior to the issuance of a building permit or establishment of the proposed
medical office use.
12. Prior to the issuance of a building permit for the proposed project or the establishment
of the proposed medical office use, the owner, who is also the applicant, shall
relinquish all rights granted pursuant to Use Permit No 2006 -017 for the full - service,
small -scale eating and drinking facility.
CITY OF NEWPORT BEACH
Planning Commission Minutes
January 21, 2010
Regular Meeting - 6:30 p.m.
ROLL CALL
Commissioners Eaton, Unsworth, Peotter, Hawkins, Mc niel, Toerge, and
Hillgren - all present.
STAFF PRESENT:
Patrick Alford, Planning Manager
Leonie Mulvihill, Assistant City Attorney
Tony Brine, City Traffic Engineer
Erin Steffen, Planning Technician
Gaylene Olson, Department Assi nt
PUBLIC COMMENTS:
PUBLIC
Planning Manager Patric Alford introduced Leonie Mulvihill the new Assistant
COMMENTS
City Attorney.
Chairman Hawki/announced that February 19 is scheduled for the Mayor's
dinner and he h s reserved a table for the Commissioners.
POSTIN/OF HE AGENDA:
POSTING OF
THE AGENDA
The Plan ommission Agenda was posted on January 15, 2010.
HEARING ITEMS
SUBJECT: MINUTES of the regular meeting of December 3, 2009.
ITEM NO. 1
Motion was made by Commissioner Toerge and seconded by Commissioner
Approved
Hillgren to approve the minutes as amended.
Ayes:
Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren
Noes:
None
Abstain:
None
SUBJECT: Ong Parking Waiver (PA2009 -059)
ITEM NO. 2
333 Old Newport Boulevard
PA2009 -059
A use permit application to waive the additional off - street parking required for
Approved
the conversion of 2,600 to 3,061 square -feet of retail to medical office in an
existing multi- tenant building.
Erin Steffen, Planning Technician, gave a brief overview of the staff report.
Public comment was opened.
NEWPOR _ _ACH PLANNING COMMISSION,.., JTES 01/21/2010
Dr. Hung Ong, applicant and owner, presented a slide show and made
comments. Hard copies of the presentation were distributed to the Planning
Commission and staff.
Public comment was closed.
Motion made by Commissioner Hillgren, seconded by Commissioner
McDaniel, to deny the application. After debate, Commissioner Hillgren
withdrew his motion, second accepted withdrawal.
Motion made by Commissioner Peotter, seconded by Commissioner Toerge,
to adopt a resolution, after debate, as follows: Approve Use Permit No. 2009-
014 to waive the additional off - street parking required for the conversion of
2,600 square -feet of retail to medical office in an existing multi- tenant building
and retain the restaurant use.
Motion failed with the following vote:
Noes: Eaton, Unsworth, Hawkins, McDaniel, Toerge, and Hillgren
Ayes: Peotter
Substitute motion made by Commissioner Eaton, seconded by
Commissioner Peotter, to adopt a resolution, which after debate and
amendment, was adopted as follows: Approve Use Permit No. 2009 -014 to
waive the additional off - street parking required for the conversion of 3,061
square -feet of retail to medical office in an existing multi- tenant building; retain
the condition that the restaurant be converted back to retail /office; and modify
Condition No. 1 to read "The development shall be in substantial conformance
with the approved site plan stamped and dated December 3, 2009. (Except as
modified by applicable conditions of approval.)
Substitute motion carried with the following vote:
Ayes:
Eaton, Peotter, McDaniel, Toerge and Hillgren
Noes:
Unsworth and Hawkins
Abstain:
None
NEW BUSINESS-
City Council Follow -up — Mr. Alford ed at the January 12 meeting the
Megonigal residence project was a oved, as recommended by the Planning
Commission.
Planning Commission re its — Commissioner Eaton reported on the discussion
at the last GP /LCP I lementation Committee meeting. Ms. Mulvihill reported
the City ffice is working on the revised code.
Chairmareported on the discussion at the Economic Development
Z
Commi on January 20, 2010.
Page 2 of 3
r 0
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
January 21, 2010 Meeting
Agenda Item No. 2
SUBJECT: Ong Parking Waiver - (PA2009 -059)
333 Old Newport Blvd.
■ Use Permit No. UP2009 -014
APPLICANT: Ann Ong Hung
PLANNER: Erin Steffen, Planning Technician
(949) 644 -3234, esteffen @newportbeachca.gov
INTRODUCTION
FILE COPY
On December 3, 2009, the Planning Commission approved (5 ayes, 2 noes) a use
permit application to waive 3 additional off- street parking spaces required for the
conversion of 3,061 square feet of retail space to medical office in the subject multi -
tenant building. The approval included a condition requiring the applicant to relinquish
all rights to Use Permit No. 2006 -017, which allows for a full- service, small -scale eating
and drinking facility on the first floor of the building. Because a resolution reflecting that
action was not available at the time of approval given staffs recommendation of denial,
staff has prepared a resolution reflecting the Commission's action (Attachment PC -1).
The applicant now believes it is financially infeasible to eliminate the restaurant and
requests that the Commission consider a revised project. The applicant's new proposal
is to reduce the size of the medical office to 2,600 square feet, which requires a parking
waiver of 2 rather than 3 spaces, and to retain the rights of the small eating and drinking
facility.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. 1796 approving Use Permit No. UP2009 -014 (Attachment
PC-1).
DISCUSSION
In comparison to the previous approval, the revised project reduces the parking waiver
requirement by 1 space. Also, the revised floor plan for the medical office (Attachment
Ong Parking Waiver— PA2009 -059
January 21, 2009
Page 2
C) shows a smaller, more consolidated layout. This layout eliminates the potential
for two separate medical offices areas as portrayed on the previous approved floor plan.
However, retaining the rights to the restaurant under the new proposal may result in
less certainty on with the actual parking demand as restaurants typically have more
variation in parking demand during the day and through the year than other types of
uses.
Should the Planning Commission find that the revised project is superior, or even
comparable, to the project approved on December 3, 2009, the Commission can
approve the revised proposal by adopting the draft resolution (Attachment PC -3). Facts
to support the findings for approval are provided in the draft resolution.
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), which
exempts minor alterations to existing facilities. The existing building will remain with no
additional square footage; the scope of the physical construction is limited to minor
interior alterations.
Public Notice
The applicant's revised request deviated from the Commission's action on December 3,
2009, and for it to be considered, a new public hearing was necessary. Notice of this
revised project and hearing was published in the Daily Pilot, mailed to property owners
within 300 feet of the property, and posted at the site a minimum of ten days in advance
of this hearing, consistent with the Municipal Code. Additionally, the item appeared
upon the agenda for this meeting, which was posted at City Hall and on the City
website.
Prepared by:
Erin M. Ste n, Plannit T chnician
Attachments
Submitted by:
David Lepo, PlaV g Director
PC 1 Resolution reflecting December 3, 2009 Commission Action
PC 2 Revised Project Plans
PC 3 Draft Resolution reflecting Revised Project
PC 4 December 3, 2009 Staff Report
FAUsers \PLN\SharedlPA's\PAs - 2009 \PA2009 - 059 \UP2009 -014 PC rpt.docx
Exhibit No. 1
Resolution of December 3, 2009 Action
RESOLUTION NO. 1796
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2009 -014 TO WAIVE THE ADDITIONAL OFF - STREET PARKING
REQUIRED FOR THE CONVERSION OF 3,061 SQUARE -FEET
OF RETAIL TO MEDICAL OFFICE IN AN EXISTING MULTI -
TENANT BUILDING LOCATED AT 333 OLD NEWPORT
BOULEVARD (PA2009 -059)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The applicant proposes to convert a 3,061 square -foot retail space to medical office in
an existing multi- tenant building located at 333 Old Newport Boulevard. Based upon
the minimum required parking ratios of the Zoning Code specified in Section
20.66.030, three additional spaces are required. The subject property does not provide
any off - street parking and the site cannot be modified to provide additional parking
without. demolition of the existing multi- tenant building.
2. In accordance with Section 20.66.100 and Chapter 20.91 of the Municipal Code, an
application for a use permit requesting the waiver of 3 parking spaces was filed by Ann
Ong Hung, with respect to property located at 333 Old Newport Boulevard, and legally
described as Tract 27 Lot 24 Block 9 Triangular Lot in Lot — including portion of
abandoned streets adjacent on northwest and southwest NW & SE in the City of Newport
Beach, California.
3. Public hearings were held on December 3, 2009, and January 21, 2010, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meetings were given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at these meetings.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
1. This project is categorically exempt from environmental review pursuant to Section
15301 of Title 14 of the California Code of Regulations. The existing building will
remain with no additional square footage; the scope of the physical construction is
limited to minor interior alterations and restriping of existing parking spaces.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Planning Commission Resolution No. 1796
Page 2 of 5
Finding:
A. That the proposed location of the use is in accord with the objectives of this code and the
purposes of the district in which the site is located.
Facts in Support of Finding:
A -1. The site is located in the Old Newport Boulevard Specific Plan District in an area
designated as Retail and Service Commercial. Medical office is a permitted use within
this district.
Finding:
B. That the proposed location of the use permit and the proposed conditions under which it
would be operated or maintained will be consistent with the General Plan and the purpose
of the district in which the site is located; will not be detrimental to the public health,
safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to
the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
B -1. The proposed medical office is consistent with the General Commercial Office (CO -G)
land use designation. The waiver of three parking spaces will not be detrimental to the
adjoining properties as there are municipal parking spaces conveniently located
adjacent to the subject site.
Finding:
C. That the proposed use will comply with the provisions of this code, including any specific
condition required for the proposed use in the district in which it would be located.
Facts in Support of Finding:
C -1. In accordance with Section 20.66.100, a waiver of the required parking may be
allowed as municipal parking spaces are conveniently located adjacent to the subject
site. These spaces are located as to be useful in connection with the conversion of
retail space to medical office use as they provide sufficient parking based upon the
November 15, 2009, parking study prepared by Traffic Safety Engineers,
C -2. Compliance with all other applicable regulations of the.Municipal Code will be required
and enforced
Finding;
D. If the use is proposed within a Residential District (Chapter 20.10) or in an area where
residential uses are provided for in Planned Community. Districts or Specific Plan Districts,.
Planning Commission Resolution No. 1796
Paae 3 of 5
the use is consistent with the purposes specified in Chapter 20.91A and conforms to all
requirements of that Chapter.
Facts in Support of Finding:
D -1. The proposed use is not located within a Residential District.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No
2009 -014, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
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 21s' DAY OF JANUARY, 2010.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Robert Hawkins, Chairman
BY:
Charles Unsworth, Secretary
Planning Commission Resolution No. 1796
Paqe 4 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and
floor plans stamped and dated December 3, 2009. (Except as modified by applicable
conditions of approval.)
2. Use Permit No. 2009 -014 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless
an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
6. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
8. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
9. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
10. The medical office shall be limited to a maximum of 3,061 gross square feet.
11. The applicant shall submit a revised site plan showing the striping of three additional
parallel parking spaces between the subject property and adjacent municipall lot and;
the restriping of the existing parking spaces fronting the building; to accommodate one
additional disabled parking; space within the public right- of-way. The plan shall be;
Planning Commission Resolution No. 1796
Paae 5 of 5
reviewed by the Public Works Department and Building Department for compliance
with applicable requirements. Implementation of these improvements shall be subject
to the approval of an encroachment permit/agreement and inspection by the Public
Works and Building Department inspectors. The encroachment permit/agreement shall
be obtained prior to the issuance of a building permit or establishment of the proposed
medical office use.
12. Prior to the issuance of a building permit for the proposed project or the establishment
of the proposed medical office use, the owner, who is also the applicant, shall
relinquish all rights granted pursuant to Use Permit No 2006 -017 for the full - service,
small -scale eating and drinking facility.
Exhibit No. 2
Revised, Project Plans
e9zEq?y - -
NEWPORT BLVD.
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2,600 SF EXISTING RETAIL SPACE
PROPOSED TO BE CONVERTED TO
MEDICAL OFFICE
BELLA CARA
DERMATOLOGY
Exhibit No. 3
Draft Resolution of Revised Project
RESOLUTION NO. 1796
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2009 -014 TO WAIVE THE ADDITIONAL OFF - STREET PARKING
REQUIRED FOR THE CONVERSION OF 2,600 SQUARE -FEET
OF RETAIL TO MEDICAL OFFICE IN AN EXISTING MULTI -
TENANT BUILDING LOCATED AT 333 OLD NEWPORT
BOULEVARD (PA2009 -059)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The applicant proposes to convert a 2,061 square -foot retail space to medical office in
an existing multi- tenant building located at 333 Old Newport Boulevard. Based upon
the minimum required parking ratios of the Zoning Code specified in Section
20.66.030, two additional spaces are required. The subject property does not provide
any off - street parking and the site cannot be modified to provide additional parking
without demolition of the existing multi- tenant building.
2. In accordance with Section 20.66.100 and Chapter 20.91 of the Municipal Code, an
application for a use permit requesting the waiver of 2 parking spaces was filed by Ann
Ong Hung, with respect to property located at 333 Old Newport Boulevard, and legally
described as Tract 27 Lot 24 Block 9 Triangular Lot in Lot — including portion of
abandoned streets adjacent on northwest and southwest NW & SE in the City of Newport
Beach, California.
3. Public hearings were held on December 3, 2009 and January 21, 2010, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meetings were given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at these meetings.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt from environmental review pursuant to Section
15301 of Title 14 of the California Code of Regulations. The existing building will
remain with no additional square footage; the scope of the physical construction is
limited to minor interior alterations and restriping of existing parking spaces.
SECTION 3. REQUIRED FINDINGS
In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Planning Commission Resolution No. 1796
Pape 2 of 5
Finding:
A. That the proposed location of the use is in accord with the objectives of this code and the
purposes of the district in which the site is located.
Facts in Support of Finding:
A -1. The site is located in the Old Newport Boulevard Specific Plan District in an area
designated as Retail and Service Commercial. Medical office is a permitted use within
this district.
Finding:
B. That the proposed location of the use permit and the proposed conditions under which it
would be operated or maintained will be consistent with the General Plan and the purpose
of the district in which the site is located; will not be detrimental to the public health,
safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to
the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
B -1. The proposed medical office is consistent with the General Commercial Office (CO -G)
land use designation. The waiver of two parking spaces will not be detrimental to the
adjoining properties as there are municipal parking spaces conveniently located
adjacent to the subject site.
Finding:
C. That the proposed use will comply with the provisions of this code, including any specific
condition required for the proposed use in the district in which it would be located.
Facts in Support of Finding:
C -1. In accordance with Section 20.66.100, a waiver of the required parking may be
allowed as municipal parking spaces are conveniently located adjacent to the subject
site. These spaces are located as to be useful in connection with the conversion of
retail space to medical office use as they provide sufficient parking based upon the
November 15, 2009, parking study prepared by Traffic Safety Engineers.
C -2. Compliance with all other applicable regulations of the Municipal Code will be required
and enforced.
Finding:
D. If the use is proposed within a Residential District (Chapter 20.10) or in an area where
residential uses are provided for in Planned Community Districts or Specific Plan Districts,
Planning Commission Resolution No. 1796
Pa e3of5
the use is consistent with the purposes specified in Chapter 20.91A and conforms to all
requirements of that Chapter.
Facts in Support of Finding:
D -1. The proposed use is not located within a Residential District.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No
2009 -014, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
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 215t DAY OF JANUARY, 2010.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Robert Hawkins, Chairman
Charles Unsworth, Secretary
Planning Com wission Resolution No. 1796
Paqe 4 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and
floor plans stamped and dated January 21, 2009. (Except as modified by applicable
conditions of approval.)
2. Use Permit No. 2009 -0's4 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless
an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
6. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
8. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
9. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
10. The medical office shall be limited to a maximum of 2,600 gross square feet.
11!. The applicant shalt submit a revised site plan showing the striping of three additional
parallel parking: between the subject property and adjacent municipal lot and
the restriping of the existing parking spaces fronting the building, to accommodate one
additional disabled parking space within the public right- of-way. The plan shall be
Planning Commission Resolution No. 1796
Paae 5 of 5
reviewed by the Public Works Department and Building Department for compliance
with applicable requirements. Implementation of these improvements shall be subject
to the approval of an encroachment permit/agreement and inspection by the Public
Works and Building Department inspectors. The encroachment permit/agreement shall
be obtained prior to the issuance of a building permit or establishment of the proposed
medical office use.
Attachment No. CC 7
December 3, 2009 Planning Commission:
Minutes ands Staff Report
CITY OF NEWPORT BEACH
Planning Commission Minutes
December 3, 2009
Regular Meeting - 6:30 p.m.
ROLL CALL
Commissioners Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and
Hillgren - all present.
STAFF PRESENT:
David Lepo, Planning Director
Kyle Rowen, Deputy City Attorney
Tony Bane, City Traffic Engineer
Erin Steffen, Planning Technician
Jim Campbell, Senior Planner
Melinda Whelan, Assistant Planner
Ruby Garciamay, Department Assistant
PUBLIC COMMENTS:
PUBLIC
COMMENTS
None
POSTING OF THE AGENDA:
POSTING OF
THE AGENDA
The Planning Commission Agenda was posted on November 25, 2009.
HEARING ITEMS
ITEM NO. 1
SUBJECT: MINUTES of the regular meeting of November 19, 2009.
Approved
Motion was made by Commissioner McDaniel and seconded by
Commissioner Peotter to approve the minutes as written.
Ayes:
Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren
Noes:
I
None
Abstain:
None
xxx
SUBJECT: Ong Parking Waiver (PA2009 -059)
ITEM NO. 2
333 Old Newport Boulevard
PA200MSO
A use permit application to waive 3 additional off- street parking spaces
required for the conversion of 3,061 square -feet of retail space to medical
office in an existing multi- tenant building.
Jim Campbell, Senior Planner, gave a brief overview of the staff report and
dian i*Qpd the follewina. issues:
NEWPORT BEACH PLANNING COMMISSION MINUTES 12103/2009
• The building does not provide parking.
• All of the parking that abuts the building site is located within the public
right -of -way.
• There are a total of 45 public parking spaces as shown in Exhibit 1 of the
staff report.
• The change in use increases the parking requirement to three parking
spaces.
• Application necessitates a parking waiver; however staff is
recommending against waiver.
• There is one condition of four that needs to be met as outlined in detail in
staff report.
• Condition 1, the presence of a municipal parking lot, is one factor that
could support project approval; however staff wanted to look more closely
at the availability of parking in the parking lot in order to make sure the
parking lot could be considered "useful ",
• Staff is concerned about unavailable parking spaces due to uncertain
parking demand based on future operator characteristics, uses of the
building and the surrounding buildings.
• The applicant has indicated his willingness to abandon the existing use
permit for a small restaurant if this is an important consideration for the
Planning Commission to approve his application.
• The restaurant use requires eight parking spaces and per the Zoning
Code this would free up one parking space.
• If the unit were converted to retail or office, which is the lowest parking
generator that might go in there, seven parking spaces would be
required.
• The change in the use could have a diminished parking demand,
especially during meal time.
Commissioner Unsworth asked Mr. Campbell if the total number of parking
spaces available for the building included the 29 public spaces, plus the 12
spaces on Old Newport Boulevard and what would the Zoning Code require.
Mr. Campbell stated that the parking does not satisfy the off -street parking
requirement of the Zoning Code. The Zoning Code would require 42 spaces
and there are 45 spaces currently available.
Commissioner Unsworth asked if the 45 spaces are available to the general
public.
Mr. Campbell confirmed that the 45 spaces are public and stated the following:
• An additional disabled parking space in front of the building would result
in a loss of one space.
• The four `unmarked" spaces would be striped but their orientation is not
optimal and would require people to back straight onto the street at an
angle and the Public Works Department is not in support of this.
*Whether the application goes forward or not, maybe the City would
Page 2 of 18
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/03/2009
restriped for parallel parking, creating only 3 spaces.
• Two parking spaces would be lost if they proceed forward leaving 43
spaces available.
Commissioner Unsworth asked if there was a chance that the City will ever
want to take advantage of its right -of -way where the 12 spaces are located.
Tony Brine, Traffic Engineer, stated that there are no plans right now for
widening Old Newport Boulevard including intersections and turn lanes.
Commissioner Hillgren asked the following to get a sense of the general
parking demand for the area:
• Does the lot serve multiple buildings.
• Do the other buildings located in the area have similar programs where
they do not have their own parking and are reliant upon a municipal lot or
are they all self contained.
• He questioned the vacancy factor in the area and how the occupancy
affects the parking demands of the lot.
Mr. Campbell stated the following:
• The lot serves the public, principally to the benefit of the applicant's
building given the proximity.
• He did not know what private arrangements the surrounding buildings
had nor was he aware of any contractual arrangements that the City has
granted for the use of the spaces.
• There are some non - conforming buildings across the street that do not
provide all the required parking and this may be why people are parking
in this lot and walking across the street.
• A good survey or any hard data of the vacancy in the area is not
available.
. Staff requested a vacancy survey be included in the last survey that was
prepared by the applicant's traffic engineer, however, this information was
not provided.
• Staff may have supported the application and not recommended denial if
the survey information was provided.
Commissioner Hillgren asked Mr. Campbell if staff were presented with the
survey information by the applicant would the recommendation have change to
approval from denial.
Mr. Campbell stated that it was possible but not guaranteed.
Commissioner Peotter asked the following:
• If the Curves health club was operating as a health club or more of a
physical therapy facility.
• What is the parking ratio required by code.
• If the conditional' use permit for Curves allows a. certain amount of guests
Page 3 of 18
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/03/2009
so the parking requirements are not based on the parking code for health
clubs.
• If staff is assuming that everyone is driving their own car even though the
parking code does not assume this for a typical office.
Erin Steffen, Planning Technician, answered:
• The facility is limited to a maximum number of eight employees and
patrons before 4:00 pm.
• They can increase their occupancy up to 12 after 4:00 pm.
• The parking requirement is not based on the parking code for a health
club.
• The eight parking spaces would be sufficient based on the maximum
number allowed before 4:00 pm.
Commissioner Unsworth made reference to the property adjacent to the
immediate north that was subject to development, but was stopped, and in
anticipation of the development the property became substantially vacated and
is currently under parked. Assuming the project does not go through he asked 9
the property were to fill up again with tenants would the 29 spaces be used by
those tenants.
Mr. Campbell stated that it is possible and the building is not entirely vacant
Commissioner Eaton asked why the parking code only requires one additional
space for the restaurant when a restaurant could have a higher occupancy.
Mr. Campbell stated that the required parking for the restaurant is based on the
number of seats (1 space for every 3 seats). There are 24 seats which
necessitates S spaces. Seven parking spaces are required for the existing retail
space based on gross floor area of the suite at 1 space for each 250 square
feet.
Commissioner Peotter asked how the sum total of spaces is determined in a
multi - tenant commercial building. There was a general discussion of how
parking spaces are tabulated and the Zoning Code has a rule that a fraction of a
space is rounded up. Commissioner Peotter indicated that the total shortfall is
only one space if you only round the sum total rather than rounding the
individual tenant spaces before adding them to determine the total parking
requirement. Mr. Campbell answered that this method of calculation could be
done, but that it has not been the Department's past practice.
Chairman Hawkins asked staff to look into those calculations and see what they
come back with.
Public comment was opened.
Dr. Hung Ong, applicant and owner, presented a slide show to discuss why the
medical use should be permitted. Hard copies of the presentation were
distributed to the Planning Commission and the following was discussed:
Page of IS
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/03/2009
• A brief overview of the surrounding buildings was given.
• A reference to the building adjacent to the north was made:
o The building was going to be demolished and a new building
constructed; however, project is presently on hold.
o Per the leasing agent the building is currently leased at 14,000 square
feet out of 16,000 square feet.
• He discussed how each condition of Section 20.66.100, referenced in the
staff report, satisfies and supports application approval.
• It was confirmed that one or more conditions must be met.
• Condition one was satisfied by municipal parking lot being adjacent to the
project site.
• Based on two surveys condition two was satisfied:
• The availability of maximum parking demand for medical use was met.
• The highest number of parked vehicles of all the lots was 35 around
noon and the second survey indicated 34 around 11:30 to noon.
• Eight spaces were available during peak hours.
• Three spaces are needed for medical use conversion.
• Condition three was not applicable.
• Condition 4a was met based on 12 parking spaces necessary for both
patients and staff where code requirement is 16 spaces.
• Condition 4b was met based on the maximum parking demand for the
proposed medical use and the determination of future parking
requirements is based on previous experience of all types of medical use.
• The owner offered to give up the restaurant use based on the Planning
Department's concern that the restaurant use may utilize more parking
when busy.
Commissioner Hillgren asked hour occupied was the building when the study
was done.
Dr. Ong stated that all five units of the building were fully occupied and
referenced a table, provided by Ms. Steffen, of Section 20.66.030 of the parking
code that gave a breakdown of the existing proposed parking requirement.
Commissioner McDaniel asked Dr. Ong if his future plans are to make the
entire building medical office.
Dr. Ong stated that he only currently needs the two available spaces.
Commissioner Toerge asked Dr. Ong the following:
• In reference to the plans does he plan to occupy this as one office.
• Why are there two reception areas and two wafting rooms separated by
the restroom and corridor.
• Will entire upstairs be converted to medical office. if he gives up the
restaurant use which is not part of the plans that were presented to the
Commission.
Dr. Ong answered:
Page 6 of 18
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/03/2009
• Yes, that he plans to only occupy one office_
• Spaces are separated for patients who just had a procedure done and the
other area is for patients who do not have any wounds on their face.
• He asked for the upstairs portion because he was concerned about getting
future funding for the project at a later time and the time that it would take
to go through the process again.
Commissioner Eaton asked Dr. Ong how much additional square footage was
required if he were able to let go of the restaurant on the third floor.
Dr. Ong answered 871 square feet.
Commissioner Eaton asked what the difference was between conventional
parking and medical use for the 871 square feet.
Dr. Ong answered that four spaces are required for retail use and five spaces
are required when you convert it to medical use.
Commissioner Eaton asked staff if this matter was advertised very specifically
as to what the applicant originally requested.
Ms_ Steffen answered the additional square footage was not addressed.
Mr. Lepo added that the notice was very specific and the request was to
convert 3,0 61 square feet and it did not include any additional square feet.
Commissioner Unsworth asked staff to address his concern on the 29 public
parking spaces allocate to this particular project:
• What if someone else across the street wants to utilize these same public
spaces because they are adjacent and are useful to their project.
• It seems like a de facto dedication of parking spaces to private property
is being made.
• Can somebody from across the street say that the 29 spaces are part of
the 43 parking spaces required for their project.
• Would those parking spaces be considered "useful ".
• How many times can 100% of those parking spaces be used to support a
use permit.
Mr. Campbell answered with the following:
• The spaces are not being dedicated to the building.
• Staff does not know what the long term occupancy for these spaces
would be, which is why staff is hesitant to recommend approval.
• If there is an increased demand for those spaces it would potentially
deprive the other properties.
• The spaces could be considered useful because they are close.
• An applicant from across the street can ask for a parking waiver and their
project would be presented to the Commission for the same
Page S of 1's
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/03/2009
• Staff would look at all these factors again in relation to the
intensity and use.
Commissioner Unsworth stated that if an application were denied there would
be a de facto dedication to the current project.
Mr. Campbell answered this is definitely a consideration.
Mr. McDaniel expressed the following concerns:
• How did we get a building that has no parking spaces and does staff
recall how this happened.
• The building has free parking where everybody else is paying for their
parking.
Mr. Campbell stated he did not have the full history of the building, which is a
very old building.
Commissioner Toerge had the following comments to Commissioner
Unsworth's statements pertaining to the public parking:
• If the circumstances suggested by Commissioner Unsworth were to come
about, it is presumed that a potential applicant would be asked to do the
same kind of parking study and evaluation.
• If adequate parking is not provided then the application would not be
granted.
• To suggest that we dedicated the parking is a little unfair.
• A potential applicant would make the assumption that it has already been
dedicated to some other building and the Commission would deny this
application based on the some assumption.
• A similar evaluation would have to take place and a decision could be
made at that time based upon its merits just like we are asked to do now.
Dr. Ong responded:
• The parking spaces are already somewhat dedicated and are allowed
through the existing use permit for the restaurant and for Curves
• He is somewhat trading the uses that have already been established.
Keven Quick, real estate agent, stated the following:
• The adjacent building to the north is occupied and there are a couple of
upstairs offices where parking is not offered.
• The leases have a restriction where tenants are only allowed to have one
parking spot.
Commissioner McDaniel asked why parking was not provided for the
applicant's building.
Mr. Quick answered', based on his research:
7ofIs
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/03/2009
• When Hospital Road came in the lots got shifted and the parcels were
moved.
• If you look at the original parcel it was a diamond shape and it was very
big at one time-
• It went from a 9,000 square foot building on a 5,000 square foot lot.
• He didn't know if those buildings were built before the parcels were
moved.
• The medical condos constructed up street have a 4 to 1 parking ratio.
The building sold out and the narking lot is wide open everyday.
• They are so land locked over there the 5 to 1 parking ratio is tough.
Commissioner Hillgren asked if he is leasing some buildings across the way
and giving them one space per tenant and where were they located.
Mr. Quick confirmed that he was leasing at one space per tenant and the
buildings were located at 349 through 373 Newport Boulevard and added the
following:
• There is about 9,000 square feet of retail of space.
• There are 9 units that run from 900 to 1200 square feet.
• Because of his parking requirements he cannot place tenants that are
going to have a high parking ratio.
• He thought that most of the tenants are not going to make it if the city
tries to put a high parking ratio in there.
Commissioner Hillgren asked Mr. Quids the following:
• Why does he only allow one space for someone who has 900 square
feet.
• What does the tenant do with visiting clients.
• Would he change the buildings in the area to medical use if he was able
to.
• Parking demand would increase if retail and office uses were converted
to medical office use.
Mr. Quick answered:
• He has a 17,000 square foot building with 17 parking spaces in front of
his building which is why the parking restriction is placed on each lease.
• There is a lot of street parking in the area.
• Customers will usually park across the street.
• Some parking is located on site.
• Medical office use is limited in the area right now.
• The existing buildings would not be converted to medical, but built from
the ground up for a 5 to 1 ratio and parking would have to be located on
site.
Public comment was closed'.
to
Page tt of is
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/03!2009
Planning Department's process when determining if public parking located
close by is useful and expressed his concern again with 100% of the available
public parking spaces being used to satisfy the need of a building that has no
parking.
Chairman Hawkins stated that Commissioner Unsworth may have addressed a
shortcoming of the current code that may need to be remedied.
Commissioner Toerge asked staff if there are any widely known public uses
around the area that would compel people to park on the lot other than people
that are going to the buildings. The municipal parking lot is for public parking
and thought it was an appropriate use for the buildings in the area. Also, If
these buildings were not allowed to use this parking lot it might as well be
vacant all day_
Commissioner Peotter asked staff if a motion was made to approve the
application with the condition of the restaurant being converted to retail/office
use would a resolution be prepared by staff and presented to the Commission
at the next meeting.
Mr. Lepo stated, subject to the Deputy City Attorney's approval, the condition
for the applicant to give up all rights to the use permit for restaurant use could
be added to the resolution.
Kyle Rowen, Deputy City Attorney, stated this would have to be renoticed and
stated that the condition would require the applicant to give up the restaurant
use and then convert the 871 square feet to medical /office use.
Commissioner Peotter stated that he was not asking to convert the 871 square
feet to medicalloffice use. He was proposing to convert the 3,061 to medical
and convert the restaurant to retail /office. He also indicated that a resolution for
approval was not included in their packet_
Mr. Rowen stated that the Commission could direct staff to come back with a
resolution that would reflect the approved motion of the additional conditions
and the resolution could be approved at the next Planning Commission
meeting.
Commissioner Peotter stated if the Commission was in agreement with the
additional conditions he was prepared to make a motion.
Motion was made by Commissioner Peotter and seconded by Commissioner
Hillgren directing staff to return with a recommendation of approval,
conditioned appropriately, including the added condition that the restaurant.be
converted back to retail/office.
Commissioner McDaniel stated he was having a problem with the free parking
and other issues and he would not support the motion.
Commissioner Unsworth stated that it would be very hard to vote for this
motion and asked for clarification of square footage for the restaurant.;
Page 9, of IS,
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/03/2009
Mr. Campbell stated the restaurant was1,564 square feet.
Commissioner Unsworth stated the following:
• If he were to try and approve this motion he would want a portion of the
1,564 square feet to be cut down because it seems like a lot of square
footage for the amount of parking required.
• The parking lot would be used a lot more by the public if they knew it was
a public parking lot.
• He was concemed that the building was using public property exclusively
for one piece of property.
Chairman Hawkins noted that Commissioner Unsworth was about to make a
substitute motion if a portion of the restaurant space were converted to storage
for the office uses and asked staff if this would effectively take out the parking
demand.
Mr. Campbell stated that this might diminish parking demand if the square
footage were reduced, however the Zoning Code does not calculate storage
space for office use and does not require parking.
Chairman Hawkins further noted in reference to Commissioner Unsworth's
suggestions:
• The proposal is to convert restaurant use to retail/office.
• Applicant is proposing to release the restaurant use.
• If the applicant releases the retail us, that square footage will be part of
the office use; however this would still increase the parking demand.
• Commissioner Unsworth was not in agreement with these conditions.
Mr. Campbell stated that the parking requirements would be the same by code
though retail and office have different parking demands and it might be less.
Commissioner Eaton stated he was in agreement with the motion made by
Commissioner Peotter and confirmed that the motion did not include converting
the 671 square feet to medical/office use but did include a condition that the
restaurant be converted back to retail /office.
Ayes:
Eaton, Peotter, Hawkins, Toerge and Hillgren
Noes:
Unsworth and McDaniel
Absent:
OBJECT: Panini Garden Bistro, Ten Asian Bistro, and Red Night Club - P
ITEM NO.3
115
PA2008 -207
4647 MacArthur Boulevard
A request for an amendment (Amendment No. 2) to existing Use Permit No.
UP2002 -040 to extend the hours of food service for two full - service restaurants,
Panini Garden Bistro and Ten Asian Bistro, until 4 :00 a.m. Additionally,, the
`
Page 10 of 18
d
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
December 3, 2009 Meeting
Agenda Item No. 2
SUBJECT: Ong Parking Waiver - (PA2009 -059)
333 Old Newport Blvd.
■ Use Permit No. UP2009 -014
APPLICANT: Ann Ong Hung
PLANNER: Erin Steffen, Planning Technician
(949) 644 -3234, esteffen @newportbeachca.gov
5
J
PROJECT SUMMARY
A use permit application to waive 3 additional off - street parking spaces required for the
conversion of 3,061 square -feet of retail space to medical office in an existing multi -
tenant building.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt the attached draft resolution denying Use Permit No. UP2009 -014
(Attachment PC 1).
Ong Parking Waiver — PA2009-059
December 3, 2009
Page 2
Ong Parking Waiver — PA2009 -059
December 3, 2009
Page 3
INTRODUCTION
Project Setting
The property is a triangular- shaped lot located between Old Newport Boulevard and
Newport Boulevard south of Hospital Road, and is developed with a 9,969 square -foot,
multi- tenant, commercial structure. The structure is currently occupied with a retail
store, a hair salon, and a health /fitness facility. There are two vacant tenant spaces that
were previously occupied by a retail store and a small restaurant. The property does not
provide any off - street parking and therefore, the structure is nonconforming. Public
parking (41 marked spaces and 4 unmarked "spaces ") abuts the project site and is
provided within the Old Newport Boulevard right -of -way. Exhibit 1 below indicates the
location of these parking areas.,
Exhibit 1 — Parking Areas
Adjacent to the project site to the north is a multi- tenant, commercial building with
several parking spaces fronting the building. East of the project site across Old Newport
Boulevard are a series of commercial buildings with retail, general and medical office,
and mixed -use buildings; some with and some without off - street parking.
Project Description
The applicant plans to convert two retail suites totaling 3,061 square feet to medical
office use. This intensification of use requires 3 additional parking spaces that the site
cannot provide, thus necessitating the consideration of a parking waiver. Due to the
change of use to medical office, an additional disabled parking space is required and'
Ong Parking Waiver— PA2009 -059
December 3, 2009
Page 4
therefore, one space within the public right -of -way would be eliminated to accommodate
the new disabled parking space.
DISCUSSION
The site is designated General Commercial Office (CO -G) and the zoning for the
property remains SP -9 (Old Newport Boulevard Specific Plan Area). The Old Newport
Specific Plan designates the site as Retail and Service Commercial. Medical office use
is allowed by the General Plan and zoning for the site.
As noted previously, the project site provides no off - street parking and the current uses
within the building require a maximum of 39 parking space based upon Zoning Code
required parking ratios. With the proposed project, a total of 42 spaces would be
required by code unless the requested waiver is approved. The 4 unmarked spaces
need to be marked to promote safety and the City traffic engineering staff would require
the spaces to be striped as parallel spaces. Converting the unmarked parking "spaces"
to parallel spaces would result in the loss of one parking space; only three spaces can
be accommodated. The marking of this parking area coupled with the additional
disabled parking space needed for the change of use reduces available parking in the
right -of -way to 43 spaces. These are public parking spaces and are not for the exclusive
use of the project site. However, given the atypical design and their location of these
spaces, the public would readily believe that the parking is designated for the building.
In accordance with Section 20.66.100 (Modifications or Waiver of Off - Street Parking
Requirements) of the Zoning Code, a waiver of the required parking may be allowed
subject to approval of a use permit by the Planning Commission provided one or more
of the following conditions must be met:
1. A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites.
2. The site is subject to two or more uses and the maximum parking requirements for
such uses do not occur simultaneously.
3. A parking management plan for the site has been approved by the Planning
Commission pursuant to Section 20.66. 100 (B).
4. The Planning Commission makes the following findings
a. The parking demand will be less than the requirement in Section 20.66.030.
b. The probable long -term occupancy of the building or structure, based on its
design, will not generate additional parking demand.
Ong Parking Waiver — PA2009 -059
December 3, 2009
Page 5
Condition No. 1
The abutting municipal parking spaces are conveniently located adjacent to the project
site and this fact alone could support application approval. However, the actual
availability of parking spaces is an important factor in deciding whether the municipal
spaces are "useful."
The applicant had Traffic Safety Engineers (TSE) prepare parking survey reports for the
project. The most recent study dated November 15, 2009 (Attachment PC 2), concluded
that sufficient parking for the proposed project would be available. Four to 15 spaces
may be available during the day based upon surveyed parking demand and anticipated
parking demand for the proposed project based upon the Zoning Code (1 space for
each 200 square feet of medical office). One to 7 spaces would be available during the
day based upon Zoning Code requirements for all uses including the proposed project.
The prior report dated August 12, 2009 (Attachment PC 3), indicated that parking would
likely be available for the project. It also indicated that 2 to 12 vehicles, for either
employees or patrons from the medical center on the east side of Old Newport
Boulevard, were observed parked within the public parking spaces that are adjacent to
the project site.
The City's traffic engineering staff reviewed the parking reports and indicated that
parking availability may be influenced by uses across the street and may also be
influenced by the limited occupancy and short-term leases of the multi- tenant, retail
building located directly north of the project site. That site provides a limited number of
off - street parking spaces directly in front of the building. The most recent parking report
included a parking surrey for this building and indicated that parking demand for this
building is not occurring or anticipated within the public parking pool that abuts the
project site. The likely reason for short-term leases at that site is that the property has
been considered for redevelopment recently. A new medical office building was planned
that would fully comply with the increased off - street parking requirements for medical
uses. Plans were submitted to the Building Department for plan check; however, that
plan check has expired and the project has been abandoned for now. Should that
building be constructed, parking for that site is less likely to affect the availability of
public parking that could serve the project site.
Although the requested parking waiver is small, uncertainty exists and in the long -term
when the economy improves, actual parking demand may increase. Traffic engineering
staff suggests a two -year review of the project if it were to be approved, wherein the
public parking spaces can be monitored.
Condition No. 2
The site is subject to several uses where the respective peak parking demands may not
occur simultaneously. The health /fitness facility has greater parking, demand after 4:00 .
p.m. when it is allowed to increase its students and instructors from 8 to 14. This
Ong Parking Waiver — PA2009-059
December 3, 2009
Page 6
operational restriction is a condition of Use Permit No. 2003 -044. The small cafe,
although presently closed, would generate higher parking demands during traditional
meal times, and they are permitted to operate during breakfast, lunch and dinner. The
parking surveys indicate that parking is heaviest between 11:00 a.m. and 3:00 p.m. The
applicant proposes to operate his medical practice during typical office hours; however
he would be closed to patients from 12:00 p.m. to 2:00 p.m. Monday through Thursday
and from 12:00 p.m. to 1:00 p.m. on Fridays.
These factors can be considered; however, uses would be overlapping to a degree and
staff is hesitant to apply operational restrictions that are not self enforcing as it artificially
limits business activity. Staff does not find the information to support the second
condition compelling in the light that a use permit runs with the land and future medical
practitioners may have a higher parking demand even if the applicant's specific
operational characteristic were enforced.
The applicant is also the property owner and he has expressed his willingness to
abandon the use permit for the small cafe, which would have the effect of reducing the
parking requirement by one space based upon the required parking ratios of the Zoning
Code by changing the use to retail or general office. The daily fluctuation in parking
demand during traditional meal times would also be eliminated. The applicant is willing
to eliminate the small cafe provided the Commission finds it a compelling factor to
garner project approval.
Condition No. 3
No parking management plan has been proposed with this application, and therefore
this condition is not applicable.
Condition No. 4.a and 4.b.
Uncertainty exists in regards to the actual parking demand and the probably long term
occupancy of the project site leading staff to be unsupportive of making this finding. The
applicant's parking demand may be less than that predicted by the Zoning Code (16
spaces) based upon the maximum number of employees and average patient visits per
hour anticipated in the future (5 full time employees and an average of approximately
5.5 average patients per hour). If all patients were there at the same time with all the
employees and assuming 1 vehicle each, a total of 12 vehicles might be expected.
Including additional vehicles for distributors or deliveries, parking could likely remain
less than what was anticipated by the Zoning Code. Again, it is important to note that
this analysis is based upon the applicant's particular operational character and a
different practitioner, which could occupy the building in the future, may have a different
operational character with higher parking demands.
Additional uncertainty exists with the parking demand measured and reported' within the
parking surrey reports in that different operators of the various allowed' uses (within the
Ong Parking Waiver — PA2009 -059
December 3, 2009
Page 7
same use classification) may have higher parking demands than measured for the
current uses. In other words, different retail users or different medical offices can have
different parking demands and required parking ratios are an average that accounts for
most users under typical circumstances.
In staffs experience, the parking demands for eating and drinking establishments are
typically more variable than other uses and it is highly dependent upon the operator. In
other words, a restaurant can easily demand more parking than average parking ratios
if the food or atmosphere is above average even if the location or parking availability is
less than optimal.
Summanr
Although facts are evident that support project approval, uncertainty exists in measuring
and anticipating parking demand, and parking shortfalls may occur from time to time.
Staff also does not recommend approval with operational restrictions that would
necessitate active enforcement. These factors lead staff to recommend denial of the
application.
Alternatives
The Planning Commission can approve the project based upon the usefulness of the
abutting municipal parking spaces, other factors discussed in the report, or as identified
during the hearing. In that case, staff would suggest a condition necessitating a review
of the parking after one year, and staff would not recommend an operational condition
prohibiting patient visits during the middle of the day proposed by the applicant. If
parking shortfalls occur in the future, the Commission could consider applying
operational conditions or parking management techniques and /or revoking the use
permit.
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), which
exempts minor alterations to existing facilities. The existing building will remain with no
additional square footage; the scope of the physical construction is limited to minor
interior alterations.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property, and posted at the site a minimum of ten days in advance of this
hearing, consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Ong Parking Waiver — PA2009 -059
December 3, 2009
Page 8
PC 1 Draft Resolution
PC 2 Traffic Safety Engineers Parking Study dated November 15, 2009
PC 3 Traffic Safety Engineers Parking Study dated August 12, 2009
PC 4 Project plans
PC 5 Applicant's Response Letter
F1UserSTLM8haredlPA's1PAs - 2009%PA2009- 0591UP2009 -014 PC rpt.docx
Attachment No. PC 1
Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING USE PERMIT NO. 2009-
014 TO WAIVE THE ADDITIONAL OFF - STREET PARKING
REQUIRED FOR THE CONVERSION OF 3,061 SQUARE -FEET
OF RETAIL TO MEDICAL OFFICE IN AN EXISTING MULTI -
TENANT BUILDING LOCATED AT 333 OLD NEWPORT
BOULEVARD (PA2009 -059)
THE PLANNING COMMISSION OF THE CITY OF NEWFal", T BEACH HEREBY FINDS AS
FOLLOWS:
1. T he applicant proposes to convert a 3,061 s -f ; tail space to medical office in
an existing multi- tenant building located '3 Old N ort Boulevard. Based upon
the minimum required parking ratio "the Zoning a specified in Section
20.66.030, three additional spaces a uired. The subje.. erty does not provide
any off - street parking and the site ca be mod'fied to pry additional parking
without demolition of the existing multi -te .�buil
2. In accordance with Section 0 and C r 20.91 of the Municipal Code, an
application for a use permit re s waive parking spaces was filed by Ann
Ong Hung, with respect to prop to t 333 ewport Boulevard, and legally
described as Tract t 24 Bloc Trian tin , including portion of abandon
streets adjacen st and h VV in the City of Newport Beach,
California. Ay
3. A public hearing ,el cembe'f 2009, in the City Hall Council Chambers,
3300 ?' Boule ea�California. A notice of time, place and
p of ting given o ance with the Newport Beach Municipal
C Evidence, wr and or teas presented to, and considered by, the
Pla g Commissio t this tins.
4. The prop if appro" -- woulAe detrimental to the public health, safety, peace,
morals, co or we of persons residing or working in or adjacent to the
neighborhood ch y and /or be detrimental to the properties or improvements in
the vicinity or to: , ; I welfare of the City based on the following:
• The increased intensity of use proposed may increase parking demand and
negatively impact the availability of existing public parking that serves other
tenants and properties nearby.
• The probable long term occupancy of the structure and nearby buildings that
rely upon the municipal parking spaces is uncertain and changes in operators .
over time may generate additional parking demand. This probable future
increase in parking needs when added to the project - related parking. demand
would further exacerbate potential' parking shortfalls.
Planning Commission Resolution No.
2 of 2
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Use Permit No.
UP2009 -014.
2. This action shall be final and effective unless 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 within fourteen days.
PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF DECEMBER, 2009.
AYES:
NOES:
ABSTAIN:
ABSENT:
Fin
Robert Hawkins, Chairman
BY:
Charles Unsworth, Secretary
Attachment No. PC Z
Traffic Safety Engineers Parking Study
dated November 15, 2009'
T.c
November 15, 2009
TRAFFIC SAFETY ENGINEERS
Dr. Hung Ong, M.D.
325 Old Newport Boulevard
Newport Beach, CA 92663
Dear Dr. Ong:
This report summarizes our traffic parking study of the existing restaurant, retail and
health/fitness facility mixed -use center located at 325 -333 Old Newport Blvd., in the City of
Newport Beach. The project proposes to convert two existing retail suites for medical office use.
We trust that the findings of this parking study will be of immediate assistance to the City of
Newport Beach in formulating their decision pertaining to the approval of a parking waiver for
this proposed medical office conversion.
1. Existing Site Conditions
The existing mixed -use center consists of a two -story building. The building has a total of
five (5) retail spaces: two (2) on the first floor and three (3) on the second floor. At the time
of the traffic survey on October 27`h to 29h, 2009, only three spaces were occupied. The
three tenants included Curves (a Health/fitness Facility for women), Newport Height Beauty
Salon, and American Slate Sales (a retail store selling flooring materials). The other two
vacant spaces were previously occupied by the Freestyle Watch (a retail store for waterproof
Marine Watches) on the second floor and Cafd Wavos (a small -scale eating and drinking
facility) on the first floor. The original project site provided a total of 12 parking spaces in
front of the project building. However, this parking area was subsequently dedicated to the
City for the future widening of Old Newport Boulevard. A City Parking Lot located
immediately south of the building provides a total of 29 parking spaces. A small un- striped
parking area fronting Old Newport Blvd is located between the staircase to the City Parking
Lot and the entrance to the City Parking Lot. This un- striped area was observed to provide
four additional parking spaces.
2. Proposed Proiect
This mixed -use center located at 325 -333 Old Newport Boulevard is currently owned by Dr.
Hung Ong, a physician in private practice in the Newport-Mesa area for the last ten years.
His practice is currently located at 307 Placentia Avenue, Newport Beach, California. This
medical building at 307 Placentia was bought by Hoag Memorial Presbyterian in January
2008. Hoag Hospital plans to demolish the building and uses the land to expand its medical
campus. For this reason, Dr. Ong requests the City to grant a permit to move his medical
office to the existing vacant suite that was previously occupied by Freestyle Watch (a retail
3100 MARYWOOD DRIVE, ORANGE, CA 92867 TEL: 714.974.7863 FAX: 714.974.1043
Page 2
store for waterproof marine watches) and the suite which is presently occupied by American
Slate Sales (a retail store selling flooring materials) at the mixed -use building.
3. Parking Utilization Survevs for Mixed -Use Center (323 -333 Old Newport Blvd.)
Results of parking utilization surveys conducted on Tuesday, Wednesday, and
Thursday from 8 A.M. to 5 P.M. of the existing mixed -use center are tabulated in
Tables A, B, and C below:
TABLE A
Parking Utilization Surveys
Tuesday, October 27, 2009
Time of Day
Vehicles
Parked in City
Parking Lot ( *)
Vehicles
Parked in front
of Building
Total Parked
Vehicles
8:00
5
1
6
8:30
4
1
5
9:00
5
4
9
9:30
6
6
12
10:00
7
6
13
10:30
10
5
15
11:00
12
5
17
11:30
12
7
19
12:00
8
6
14
12:30
8
6
14
1:00
6
8
14
1:30
7
8
15
2:00
8
6
14
2:30
8
5
13
3:00
8
4
12
3:30
8
6
14
4:00
9
5
14
4:30
12
3
15
5:00
10
3
13
Daily Average
8.05
5
13.05
( *) Parked vehicles observed in the City Parking Lot included vehicles parking in the small
unstriped parking area fronting Old Newport Blvd. Traffic technician collecting the parking
surveys inadvertently failed to segregate the number of parked vehicles observed in the City
Parking Lot and the unstriped parking area because of the lack of specific instruction from the
Traffic Engineer.
Page 3
TABLE B
Parking Utilization Surveys
Wednesday, October 28, 2009
Time of Day
Vehicles Parked in
CityParking n Lot
Vehicles Parked in
front of Building
Total Parked
Vehicles
8:00
5
2
7
8:30
6
3
9
9:00
6
4
10
9:30
10
3
13
10:00
12
4
16
10:30
11
4
15
11:00
10
4
14
11:30
10
3
13
12:00
10
5
15
12:30
11
5
16
1:00
11
5
16
1:30
13
3
16
2:00
15
3
18
2:30
12
4
16
3:00
10
6
16
3:30
9
9
18
4:00
I 1
7
18
4:30
10
7
17
5:00
7
6
l3
Dail Average
9.95
4.58
14.53
( *) Parked vehicles observed in the City Parking Lot included vehicles parking in the small
unstriped parking area fronting Old Newport Blvd. Traffic technician collecting the parking
surveys inadvertently failed to segregate the number of parked vehicles observed in the City
Parking Lot and the unstriped parking area because of the lack of specific instruction from the
Traffic Engineer.
i
Page 4
TABLE C
Parking Utilization Surveys
Thursday, October 29, 2009
Time of Day
Vehicles Parked in
City Parking Lot ( *)
Vehicles Parked in
front of Building
Total Parked
Vehicles
8:00
4
1
5
8:30
6
1
7
9:00
6
1
7
9:30
11
8
19
10:00
12
8
20
10:30
12
6
18
11:00
10
7
17
11:30
10
5
IS
12:00
12
5
l7
12:30
11
4
1 15
1:00
11
4
15
1:30
13
6
19
2:00
14
6
20
2:30
11
4
15
3:00
13
4
17
3:30
15
4
19
4:00
15
4
19
4:30
10
5
15
5:00 1
8
5
13
Daily Average 1
10.74
4.63
15.37
( *) Parked vehicles observed in the City Parking Lot included vehicles parking in the small
unstriped parking area fronting Old Newport Blvd. Traffic technician collecting the parking
surveys inadvertently failed to segregate the number of parked vehicles observed in the City
Parking Lot and the unstriped parking area because of the lack of specific instruction from the
Traffic Engineer.
Page 5
4. Parking Utilization for the Two Remaining Occupied Tenants: Curves and Newport
Beauty Salon
American Slate's lease is scheduled to end on December 31, 2009. Its owner does not
intend to renew the lease. Once American Slate has vacated, the project building will
only have two tenants left: Curves and Newport Height Beauty Salon. By subtracting out
the numbers of vehicles observed going into American Slate, the total numbers of parked
vehicles utilizing the parking lot by the two remaining tenants in the project building are
tabulated in Table D, E and F below:
TABLE D
Parking Utilization by Curves and Newport Height Beauty Salon
Based on Surveys Taken on Tuesday, October 27, 2009
Time of Da
Day
(A)
Total Parked
Vehicles Observed
(from Table A) ( *)
(B)
Number of Parked
Vehicles Observed
for American Slate
Total Parked Vehicles for
Curves Salon Newport Height
n (A minus B)
8:00
6
2
4
8:30
5
3
2
9:00
9
2
7
9:30
12
3
9
10:00
13
3
10
10:30
15
2
13
11:00
17
3
14
11:30
19
4
15
12:00
14
4
10
12:30
14
3
11
1:00
14
2
12
1:30
15
3
12
2:00
14
4
10
2:30
13
4
9
3:00
9
3
6
3:30
14
2
12
4:00
14
2
12
4:30
15
2
13
5:00
13
2
11
Daily Average
12.89
2.79
10.11
( *) Parked vehicles observed in the City Parking Lot included vehicles parking in
the small unstriped parking area fronting Old Newport Blvd. Traffic technician
collecting the parking surveys inadvertently failed to segregate the number of parked
vehicles observed in the City Parking Lot and the unstriped parking area because of
the lack of specific instruction from the Traffic Engineer.
Page 6
TABLE E
Parking Utilization by Curves and Newport Height Beauty Salon
Based on Surveys Taken on Wednesday, October 28, 2009
Time of Day
(A)
Total Parked
Vehicles Observed
(from Table B) ( *)
(B)
Number of Parked
Vehicles Observed
for American Slate
Total Parked Vehicles
for Curves & Newport
Height Salon (A minus
B)
8:00
7
3
4
8:30
9
3
6
9:00
10
4
6
9:30
13
3
10
10:00
16
2
14
10:30
15
2
13
11:00
14
4
10
11:30
13
3
10
12:00
15
2
13
12:30
16
3
13
1:00
16
2
14
1:30
16
2
14
2:00
18
4
14
2:30
16
4
12
3:00
16
3
13
3:30
18
3
15
4:00
18
4
14
4:30
17
2
15
5:00
13
2
11
Daily Average
14.53
2.89
11.63
( *) Parked vehicles observed in the City Parking Lot included vehicles parking in the small
unstriped parking area fronting Old Newport Blvd. Traffic technician collecting the parking
surveys inadvertently failed to segregate the number of parked vehicles observed in the City
Parking Lot and the unstriped parking area because of the lack of specific instruction from the
Traffic Engineer.
Page 7
TABLE F
Parking Utilization by Curves and Newport Height Beauty Salon
Based on Surveys Taken on Thursday, October 29, 2009
Time of Day
(A)
Total Parked
Vehicles Observed
(from Table C) ( *)
(B)
icles Observed
Ameri can Slate
;N;u mber of Parked
Total Parked Vehicles
for Curves & Newport
Height Salon (A minus
B)
8:00
5
2
3
8:30
7
2
5
9:00
7
3
4
9:30
19
5
14
10:00
20
5
15
10:30
18
3
15
11:00
17
2
15
11:30
15
3
12
12:00
17
3
14
12:30
15
2
13
1:00
15
3
12
1:30
19
4
15
2:00
20
5
15
2:30
15
4
11
3:00
17
3
14
3:30
18
3
15
4:00
18
3
15
4:30
15
2
13
5:00
13
3
10
Daily Average
15.26
3.16
12.11
( *) Parked vehicles observed in the City Parking Lot included vehicles parking in the
small unstriped parking area fronting Old Newport Blvd. Traffic technician collecting
the parking surveys inadvertently failed to segregate the number of parked vehicles
observed in the City Parking Lot and the unstriped parking area because of the lack of
specific instruction from the Traffic Engineer.
Page 8
5. Total Parking Spaces Available After Modification of the Parking Lots for Medical Use
The City Parking Lot located immediately south of the building provides a total of 29
parking spaces. A small un- striped parking area fronting Old Newport Blvd— located
between the staircase to the City Parking Lot and the entrance to the City Parking Lot—
was observed to provide four additional parking spaces. The parking area in front of the
building provides a total of twelve parking spaces. In total, the three parking areas
provide 45 parking spaces.
The un- striped area was observed to provide four parking spaces if the cars were parked
perpendicularly. Public Works Department recommends that these spaces be
reconfigured and established as three legal parallel parking spaces to meet design and
traffic circulation standards. Thus, one space would be lost with this modification.
The conversion of the two retail spaces on the second floor of the project building to
medical office use requires accessible handicap parking. The nearest parking spaces to
these suites are the twelve parking stalls in front of the project building. To adequately
serve handicapped patients for the proposed medical office use, two existing parking
stalls in front of the building will need to be re- striped as a handicapped parking stall.
Consequently, one more parking space would be eliminated.
After modification for medical use, the parking pool will provide a net total of 43 parking
spaces as shown in Table G below:
TABLE G
Total Parking Spaces Available
After Modification of the Parking Lots for Medical Use
Number of Parking
Number of Parking
Spaces Before
Spaces After
Conversion to
Conversion to
Medical Use
Medical Use
City Parking Lot to the South
29
29
Un- striped Parking Area
(One space lost due to reconfiguring
4
3
from perpendicular to parallel parking)
Parking Spaces in Front of Building
(One space lost due to combining two
12
11
spaces into one for handicap parking)
Total Parking Spaces
45
43
Page 9
6. Results of Parking Utilization Surveys Showine Availability for the Proposed Medical
Offices and Continuation of Restaurant Use
Parking demands vary from different days of the week and also from different hours of
the day. For a worst -case parking demand analysis, the highest parking demands of the
three weekday surveys were utilized. Summarized below, in column A of Table H, are
the highest numbers of parked vehicles that would be utilizing the parking lots by the two
tenants, Curves and Newport Height Beauty Salon.
The proposed project will provide a total of 43 parking spaces (see Table G). These
parking spaces will be shared by the existing Curves and Newport Height Beauty Salon,
the two proposed medical office suites and the continuation of restaurant use. By
subtracting the highest numbers of total parked vehicles for Curves and Newport Height
Beauty Salon from the total 43 parking spaces, the minimum numbers of total available
parking spaces for the two proposed medical suites and a future restaurant are tabulated
in Column (B) of Table H below. Based on this calculation, there are at least 28 parking
spaces available at any time throughout the weekday for the proposed medical office and
the continuation of restaurant use.
TABLE H
Minimum Numbers of Available Parking Spaces for Proposed Medical Office
and Continuation of Restaurant Use
Taken Among Parking Utilization Surveys Performed on Tuesday, Wednesday, and Thursday
Time of Day
(A)
Highest Total Parked Vehicles for
Curves & Newport Height Salon from
Tables D -F)
(B)
Minimum Numbers of Available
Parking Spaces for Medical Office and
Restaurant Use (43 minus Column A)
8:00
4
39
8:30
6
37
9:00
7
36
9:30
14
29
10:00
15
28
10:30
15
28
11:00
15
28
11:30
15
28
12:00
14
29
12:30
13
30
1:00
14
29
1:30
15
28
2:00
15
28
2:30
12
31
300
14
29
3:30
15
28
4:00
15
28
4:30
15
28
500'
1,1
32
Daily Average
12.84
30.16
i
Page 10
7. Parking Requirement for Mixed -Use Center After Conversion to Medical Office Use
Starting January 1, 2010, there will be only two tenants occupying the building: Curves
(Health/Fitness Facility) and Newport Height Beauty Salon (Personal Service). Of the
three remaining suites, two units (formerly occupied by Freestyle and American Slate
tenants) are proposed for medical use, and the third unit will be leased out for restaurant
use. The gross floor area of the Freestyle suite is 1,631 square feet and the American
Slate suite is 1,430 square feet. The total area of both suites is 3,061 square feet. Based
on the City Parking Code of 1 parking >pace per 200 square feet of medical office, a total
of 16 parking spaces are required for this conversion.
Per Use Permit UP20006 -017, the restaurant space is required to have eight parking
spaces. Thus, proposed conversion of two suites to medical use and continuation of the
permit for restaurant use would require that 24 parking spaces are available at all times:
sixteen (16) for medical use and eight (8) for restaurant use (see Table I below):
TABLE
Existing and Proposed Parking Requirements
per Section 20.66.030 of Parking Code
Tenant (Use)
Square
Existing Parking Requirement
Proposed Parking Requirements
Footage
(Spaces)
(Spaces)
*Freestyle
1,631
7 (@ 1 per 250 sq. ft.)
16 (@ 1 per 200 sq. ft.)
(General Retail)
*American Slate Sales
1,430
6 (@ 1 per 250 sq. ft.)
(Retail)
Curves
8 max before 4 p.m.
8 max before 4 p.m.
(Health/Fitness
14 max after 4 p.m.
14 max after 4 p.m.
Facility)
q2,152
(per UP2003 -044)
(per UP2003 -044)
Newport Height
4 (@ 1 per 250 sq. ft.)
4 (@ 1 per 250 sq. ft.)
Beauty Salon
(Personal Service)
Cafe Wavos
1,564
8 (1 space for every 3 seats per
8 (1 space for every 3 seats per
(Eating and
(24 seats)
UP2006 -017)
UP2006 -017) (Maybe 7 spaces if the
Drinking Facility)
rights for the Use Permit for the
restaurant are relinquished and the
space is used for general retail)
Total Parking Required
33 max before 4 p.m.
36 max before 4 p.m.
39 max before after 4 p.m.
42 max before after 4 p.m.
arking Spaces Provided
41
43
Surplus Parking Spaces
2.
1
* Proposed to be converted to medical office
(Courtesy of Erin Steffen, Planning Department, City of Newport Beach)
Page I1
S. Results of Parking Utilization Surveys Showing Availability of Parking After
Conversion to Medical Office Use
Based on the current parking utilization surveys, there will be at least 28 parking spaces
(see Table H) available for the proposed medical office and the continuation of restaurant
use. According to the City Parking Code, only 24 parking spaces are required— sixteen
spaces for the two medical office suites and eight spaces for the restaurant use. If the
project building were fully occupied, there will still be at least 4 parking spaces (28
minus 24) available throughout the weekday after the conversion to medical office use.
TABLEJ
Parking Utilization of the Mixed -Use Center With Restaurant Use and Proposed Conversion to Medical Office Use
Restaurant
Previously
Previously
Proposed
Space To Be
Freestyle
American
Medical
Leased
Watch
Slate
Office
Conversion
Gross Floor Area (sq feet)
1564
1430
1631
3061
City Parking Code Requirement
8 per
1 per 250
sq feet
1 per 250
sq feet
1 per 200 sq
feet
UP20006 -017
Number of Parking Spaces Required
8 per
16
by City Parking Code
UP20006 -017
Total Parking Spaces Required for Restaurant and
24
Medical Office Use by City Parking Code
(see Table I)
Number of Unoccupied Parking Spaces Available On a
Minimum = 28
Typical Day for the Restaurant Use and Medical Office
Maximum = 39
Suites Conversion
(see Table H)
Number of Parking Spaces Available After the Medical
Minimum = 28 — 24 =
4
Office Conversion and the Center Fully Occupied
Maximum = 39 — 24 =
15
Percentage of Parking Pool Capacity Utilized by the Fully
Occupied Mixed -Use Center at Maximum Demand After
39/43 = 91%
the Medical Office Conversion
In conclusion, there will be a minimum of four (4) parking spaces available throughout
the weekday based on City Parking Code requirements of the proposed medical office
use. The proposed conversion to medical office use would utilize maximally 39 parking
spaces (16 required for medical office conversion plus 8 for restaurant use plus 15 from
observed peak parking demands of Curves and Newport Height Beauty Salon tenants) of
the total 43 spaces available or 90'.7% of the capacity of the parking pool.
Page 12
9. Impact of Nearby Businesses on the City Parking Lot
The parking lot in front of the project site is located adjacent to the parking lot of the
neighboring buildings located at 349 -371 Old Newport Blvd. These buildings are
located to the north side of the project site. Because the parking lots of both centers are
located next to each other, a parking utilization survey was done on the 349 -371
buildings to determine whether there is any overflow of parked vehicles from these
buildings to the parking spaces in front of the project site.
The buildings at 349 -371 Old Newport Blvd. have a total of 16,000 square feet of retail
space. At the time of this study, there is a vacancy of 2,000 square feet to be leased
according to information obtained from the building leasing agent, Mr. Kevin Quick.
The center has a total of 17 parking spaces.
TABLE K
Parking Utilization Surveys
for 349 -371 Old Newport Blvd
Time of Day
Number of Parked Vehicles
Maximum
Number of
Parked
Vehicles
Tuesday
10/27/2009
Wednesday
10/28/2009
Thursday
10/29/2009
8:00
1
2
1
2
8:30
1
3
2
3
9:00
2
4
3
4
9:30
3
5
7
7
10:00
3
5
10
10
10:30
4
5
7
7
11:00
6
8
10
10
11:30
8
9
8
9
12:00
6
11
7
11
12:30
6
10
7
10
1:00
5
10
9
10
1:30
5
6
9
9
2:00
5
10
6
10
2:30
6
7
9
9
3:00
5
8
9
9
3:30
5
10
7
10�
4:00
6
8
9
9
4:30
6
8
5
8
5:00
4
10
5
10
Daily Average
4.58
7.32
6.84
7.85
Page 13
As seen in Table K above, the maximum number of parked vehicles for the buildings
located to the north side of the project is eleven (11) throughout the day. The center has
a total of 17 parking spaces. So even at its busiest time, there are still 6 parking spaces
available. The center is almost fully occupied (14,000 square feet rented out a total of
16,000 square feet). Based on the highest observed demand of 11 parking spaces, a
parking utilization ratio of 11 spaces divided by 14,000 square feet = 0.0007857 space
per square foot of floor area. When the center is 100% occupied, the total number of
parking spaces required is calculated to be 0.0007857 x 16,000 = 13 spaces. Thus, the
parking lot in front of the 349 -371 Old Newport Blvd. center is more than adequate for
accommodating the use of the tenants and customers within that center when fully
occupied. No overflow of parked vehicles from that center onto the parking lot in front
of the project site is anticipated.
All the buildings across the street from the City parking lot on the east side of the project
are fully occupied. The largest building with nonconforming parking is located at 328
Old Newport Blvd. This building has two stories. All spaces are currently occupied.
The tenants include one personal service (Thai Body Works) and one office on the first
floor, and two offices on the second floor. The tenants park in the parking spaces on the
rooftop of the building, the parking lot adjacent to the building and street parking.
Given that all buildings surrounding the project site are fully occupied, there should not
be any future increase in utilization of the City parking lot from the neighboring
businesses. In other words, the availability of parking spaces in the City parking lot and
the parking area in front of the project site would not be impacted by the businesses in
the surrounding neighborhood.
10. Improvement in Parking Utilization With Reverting Restaurant to Office/Retail Use
The restaurant unit has a total floor area of 1,564 square feet. For retail /office use, the
requirement is 1 parking per 250 square feet. Reverting the restaurant use to retail use
would lower the parking requirement to 7 spaces. Converting the two retail spaces on the
second floor to medical office use would require 16 parking spaces (see Table I). The .
maximum number of parked vehicles observed for the two remaining tenants in the
building (Curves and Newport Height Salon) is 15 (see Table F). So the total projected
maximum parking utilization for the building after the two retail spaces are converted to
medical office use and the restaurant space reverted to retail /office use is 38 parking
spaces. If the un- striped zone in the City parking lot is restriped for parallel parking
according to code and the parking spaces in front of the building is restriped to allow for
handicap parking, the total number of parking spaces available would be 43. Thus,
permitting for medical office use and converting restaurant use back to retail use would
result in maximally 88% (38/43) utilization of the parking lots.
Page 14
TABLE L
Maximum Utilization of the Parking Lots
After Conversion of Two Retail Suites to Medical Office Use
and Reversion of Restaurant Use to Retail
Parking Requirement for Converting Two Suites to Medical Office Use
(3061 sq ft)
16
Parking Requirement for Retail /Office Use Instead of Restaurant
(1564 sq ft)
7
Maximum Observed Parking Demand From the Two Remaining
15
Tenants in the Mixed -Use Center (Curves & Newport Height Salon) and
Neighboring Businesses
(see Table F)
Total Projected Maximum Parking Demand for Mixed -Use Center After
16 +7 +15 =38
Conversion to Medical Office Use and Reversion of Restaurant to Retail
Total Available Parking Spaces After of Re- Striping of the Parking Lot
43
and Modification for Handicap Parking for Medical Use (see Table G)
Percentage of Parking Pool Capacity Utilized by the Fully Occupied
Mixed -Use Center at Maximum Demand After Partial Conversion to
38/43 = 88%
Medical Office Use and Reversion of Restaurant Use to Retail
11. Findines and Conclusions
The project proposes to convert two existing retail suites for medical office use. Based on
the City Parking Code, the medical office use would require 16 parking spaces. Based on
parking utilization surveys, a highest peak demand of 15 parking spaces was observed on a
typical day for both the Curves and Newport Height Beauty Salon tenants and the
neighboring buildings. The restaurant unit is currently vacant. If it was leased out for a
new restaurant use, it would require 8 parking spaces based on the Use Permit UP2006 -017.
Thus, the maximum numbers of parking spaces utilized by the center would be 39 (16 + 15
+ 8) spaces. The City Parking Lot (29 spaces), the striping of the un- striped parking area in
front of the City Parking Lot (3 spaces) and the parking area in front of the building (10
standard spaces plus one handicapped space), would provide a total of 43 parking spaces.
Based on peak parking utilization demands, the conversion of part of the mixed -use center
to medical offices would use at most 91 % of the parking capacity with the center fully
occupied. There would still be a minimum of 4 parking spaces available at all times
throughout the weekday and a maximum of 15 parking spaces available.
Page 15
Based on City Parking Code, the total number of parking spaces required for the existing
Curves and Newport Beauty Salon, the two proposed medical offices and the continuation
of restaurant use would range from 36 spaces (before 4 AM) to 42 spaces (after 4 P.M.).
Detailed breakdown of City Parking Code calculations for each of the site uses is shown in
Table I. The number of surplus parking for the center would range from a minimum of one
space (43 minus 42) to a maximum of seven spaces (43 minus 36).
However, should the two suites be converted to medical use and the three suites remaining
in the center are only permitted for general retail /office use, the maximum number of
parking spaces required would be 38 spaces (16 for medical offices plus 15 for observed
two current retail use plus 7 for the remaining vacant unit). With a total of 43 available
parking spaces provided by the City Parking Lot and the parking area in front of the mixed -
use center, a maximum parking occupancy of 88% (38/43) of the parking pool is
anticipated.
In conclusion, the parking pool provided for the project site can accommodate the proposed
conversion of the two existing retail suites to medical offices. In anticipation of parking
spillover from time to time by other adjacent businesses, one solution to improve the overall
parking supply would be to forego the continuation of restaurant use. Dr. Ong is willing to
relinquish the rights granted by the Use Permit for restaurant use and revert it back to retail
use as part of the medical office conversion proposal only if the use permit waiver is
approved.
Should you need any additional information or clarification of this parking study, please do
not hesitate to call us at any time.
Respectfully submitted,
L/
C. Hui Lai, P.E.
Traffic Engineer
No. TR. i149
Exp. 12/31/10
Attachment No. PC 3
Traffic Safety Engineers; Parking; Study
dated August 12, 2009
August 12, 2009
Dr. Hung Ong
333 Old Newport Boulevard
Newport Beach, CA 92663
Dear Dr. Ong:
kAFFIC SAFETY ENGINEER
This report summarizes our traffic parking study of the existing restaurant, retail and
health/fitness facility mixed -use center located at 325 -333 Old Newport Blvd., in the City of
Newport Beach. The project proposes to convert two existing retail office spaces into medical
offices. We trust that the findings of this parking study will be of immediate assistance to the
City of Newport Beach in formulating their decision pertaining to the approval of a parking
variance for this proposed medical office conversion.
1. Existing Site Conditions
The existing mixed -use center consists of a two -story building. The building was fully
occupied at the time of the traffic survey on March 24 to 26, 2009. The tenants include
Freestyle (a retail store for waterproof marine watches), Pipes Cafe (it is now changed to
Caf6 Wavos), Curves (a Health/fitness Facility for women), Newport Height Beauty Salon,
and American Slate Sales (a retail store selling flooring materials). The original project site
provided a total of 12 parking spaces in front of the project building. However, this parking
area was subsequently dedicated to the City for the future widening of Old Newport
Boulevard. A City parking lot located immediately south of the building provides a total of
29 parking spaces. A small un- striped parking area fronting Old Newport Blvd is located
between the staircase to the City parking lot and the entrance to the City parking lot. This un-
striped area was observed to provide four additional parking spaces.
2. Proposed Project
This mixed -use center located at 325 -333 Old Newport Boulevard is currently owned by Dr.
Hung Ong, a physician in private practice in the Newport-Mesa area for the last ten years.
His practice is currently located at 307 Placentia Avenue, Newport Beach, California. This
medical building at 307 Placentia was bought by Hoag Memorial Presbyterian in January
2008. Hoag Hospital plans to demolish the building and uses the land to expand its medical
campus. For this reason, Dr. Ong requests the City to grant a permit to move his medical
office to the two suites that were occupied at the time of the traffic survey by Freestyle (a
retail store for waterproof marine watches) and American Slate Sales (a retail store selling,
flooring materials) at the mixed -use building.
3100 MARYWOOD DRIVE, ORANGE, CA 92867 TEL: 714.974.7863 FAX: 714.974.1043
a
Page 2
3. Parking Utilization Surveys for Mixed -Use Center (323 -333 Old Newport Blvd.)
Results of parking utilization surveys conducted on Tuesday, Wednesday, and
Thursday from 8 A.M. to 5 P.M. of the existing mixed -use center are tabulated in
Tables A, B, and C below:
TABLE A
Parking Utilization Surveys
Tuesda ,March 24, 2009
Time of Day
Vehicles
Parked in City
Parking Lot
Vehicles
Parked in
Unstriped
Parking Area
in front of City
Parkin Lot
Vehicles
Parked in front
of Building
Total Parked
Vehicles
8:00 A.M.
8+ 3 =11
1
3+(l)=4
16
8:30 A.M.
13 +(4) =17
0
3 +(1 =4
21
9:00 A.M.
9+(4)=13
1
3+(0)=3
17
9:30 A.M.
11 +(5) =16
2
3 +(2) =5
23
10:00 A.M.
14+(6)=20
2
2+(2)=4
26
10:30 A.M.
13+(5)=18
2
3+(3)=6
26
11:00 A.M.
13 +(5 =18
3
6±(2)=8
29
11:30 A.M.
15+(7)=22
3
6+(3)=9
34(A)
12:00 P.M.
12+(6)=18
3
7+(I)=8
29
12:30 P.M.
9+ 8 =17
3
7+ 0)=7
27
1:00 P.M.
14 +(2) =16
3
4 +(0) =4
23
1:30 P.M.
16+(2)= 18
3
4+ 0 =4
25
2:00 P.M.
12+(2)=14
2
4+(3)=7
23
2:30 P.M.
13 +(2) =15
3
4+(2)=6
24
3:00 P.M.
12+(2)=14
3
4+(l)=5
22
3:30 P.M.
12 +(4) =16
3
3+(3)=6
25
4:00 P.M.
ll+ (7) =18
3
6+(3)=9
30
4:30 P.M.
l l +(5 )=16
2
3+(0)=3
21
5:00 P.M.
10+(5)= 15
2
20
Daily Average
16
2
-3±(0)=3
6
24
( *) Vehicles belong to employees from Medical Center on the east side of Old Newport Blvd.
(A) A highest total number of 34 parked vehicles were observed from 11:30 A.M. to 12
Noon for the three parking areas.
Page 3
TABLE B
Parking Utilization Surveys
Wednesda ,March 25, 2009
Time of Day
Vehicles Parked in
City Parking Lot
Vehicles Parked in
Unstriped Parking
Area in front of
City Parkin Lot
Vehicles Parked in
front of Building
Total Parked
Vehicles
8:00 A.M.
15+(3)=18
4
4+(0)=4
26
.8:30 A.M.
16+(4)=20
4
3+(0)=3
27
9:00 A.M.
12+(4)=16
3
3+(0)=3
22
9:30 A.M.
18 +(3 =21
3
7+(2)=9
33
10:00 A.M.
18+ 3 =21
3
7+(2)=9
33 d
10:30 A.M.
l l +(6) =17
3
6+(3)-9
29
11:00 A.M.
6+ 6 =l2
3
6+(0)=6
21
11:30 A.M.
13+ 6 =19
4
10+(0)-10
33 A
12:00 P.M.
13 +5 =18♦
4♦
10 +0 =10
32
12:30 P.M.
9+ 7 =16
4
7+ 0 =7
27
1:00 P.M.
10+ 5 =15
2
5+ 4 =9
16
1:30 P.M.
6+(6)=12
3
6+(4)-10
25
2:00 P.M.
6+(5)=l 1
3
4+(3)=7
21
2:30 P.M.
5+(7)=12
3
4+(Q=6 =6
21
3:00 P.M.
7+(7)= 14
3
—44-(3)=7
24
3:30 P.M.
8+(7)= 15
3
—4+(3)=7
25
4:00 P.M.
7+(7)= 14
3
3+(3)=6
23
4:30 P.M.
5+(8)=13
3 + 1 =4
3+(3)=6
23
5:00 P.M.
5+ 8 =l3
3 +(I)=4
3+ 3 =6
23
Daily Average
16
3
7 1
26
( *) Vehicles belong to employees from Medical Center on the east side of Old Newport Blvd.
(A) A highest total number of 33 parked vehicles were observed at 9:30 A.M., 10:00 A.M., and 11:30 A.M. for
the three parking areas.
♦ The total number of parked vehicles observed in the City parking lot and the unstriped parking area in front of the
City parking lot between noon and 12:30 P.M. are 18 + 4 = 22 vehicles. These observed parked vehicles are less than
the 26 parked vehicles observed between noon and Ipm on 10- 15 -08. To verify this discrepancy, additional parking
utilization surveys were conducted on three consecutive days (March 24, 25, and 26, 2009) based on a 30- minute
counting period. The total number of parked vehicles observed between noon and 12:30 P.M. in the City parking lot
and in the unstriped parking area are 18 + 3 = 21 vehicles on 3- 24 -09, 18 + 4 = 22 vehicles on 3 -25 -09 and 19 + 3 =
22 vehicles on 3- 26 -09. The number of parked vehicles observed from these 30- minute counting period parking
surveys taken on Tuesday, Wednesday, and Thursday are uniformly consistent.
To further substantiate that the number of parked vehicles observed in the City parking lot and in the unstriped
parking area in front of the City parking lot conducted in March of 2009, a recent parking survey was conducted on 8-
4-09 between 11:00 A.M. and 2:00 P.M. in the City parking lot. Again, the highest number of vehicles parking in the
City Parking Lot was observed to be 19 vehicles. These observed parked vehicles are less than the 26 parked vehicles
observed back in 10- 15 -08.
Time of Day
Parked Vehicles Observed in City Parking
Lot, Tuesday 8 -4 -09
11:00 A.M.
16
11:30 A.M.
18
12:00 P.M.
19
12:30 P.M.
18
1:00 P.M.
16
1:30 P.M.
14
2:00 P.MI.
14
Page 4
TABLE C
Parking Utilization Surveys
Thursda , March 26, 2009
Time of Day
Vehicles
Parked in City
Parking Lot
Vehicles
Parked in
Unstriped
Parking Area
in front of City
Parkin Lot
Vehicles
Parked in front
of Building
Total Vehicles
Parked
8 :00 A.M.
10+(2)=12
3
6+ 3 =9
24
8:30 A.M.
10 +(6) =16
3
5 +(3) =8
27
9:00 A.M.
10+(4)=14
4
4+(8)= 12
30
9:30 A.M.
13 +(5) =18
3
4+(6)= 10
31
10:00 A.M.
15+(5)=20
3
4 +(7 =11
34(4
10:30 A.M.
14+(4)= 18
4
5+ 6 =11
33
11:00 A.M.
11 +(5) =16
4
5 +(4) =9
29
11:30 A.M.
10+(7)= 17
3
4+(4)-8
28
12:00 P.M.
10 +(9) =19
3
5 +(4) =9
31
12:30 P.M.
11 +(9 =20
4
32
1:00 P.M.
13+(8)=21
4
-4+(4)=8
4 +(4) =8
33
1:30 P.M.
8+ 8 =16
4
3+(4)=7
27
2:00 P.M.
4+(7)=1 1
4
4 +(4 )=8
23
2:30 P.M.
4 +(7) =11
3
3 +(4) =7
21
3:00 P.M.
5+ 7 =12
3
5+ 4 =9
24
3:30 P.M.
3 +(6) =9
3
5 +(4) =9
21
4:00 P.M.
8+(7)=15
2
3+ 3 =6
23
4:30 P.M.
6 +(5) =11
2
3 +(4) =7
20
5:00 P.M.
5+ 5 =10
2
4+ 4 =8
20
Daily Average
15
3
9
27
( *) Vehicles belong to employees from Medical Center on the east side of Old Newport Blvd.
(A) A highest total number of 34 parked vehicles were observed from 10:00 A.M. to 10:30
A.M. for the three parking areas.
Page 5
As indicated in Tables A, B, and C, parking demands vary from different days of the week and also from
different hours of the day. For a worst -case parking demand analysis, the highest parking demands of the three
weekday surveys were utilized. Summarized below, in Table D, are the highest number of parked vehicles
observed in the City parking lot, un- striped parking area in front of the City parking lot and parking area in front
of the building among parking surveys taken on Tuesday, Wednesday and Thursday.
TABLE D
- Parking Utilization Surveys
Hi best Number of Parked Vehicles Observed Amon Surve s Taken on Tuesday, Wednesday, and ThuMay
Time
Vehicles Parked in
Vehicles Parked in
Vehicles Parked in
Total
Total
of
City Parking Lot
Unstriped Parking Area
front of Building which
Parked
Available
Day
which has a Total of
in front of City Parking
has a Total of 12
Vehicles
Parking
29 Parking Spaces
Lot which has a Total
Parking Spaces
Spaces
of 4 Parkin S aces
8:00
18 occupied, 11
4 occupied, 0 available
9 occupied, 3 available
31
11 + 0 + _3=
available
14
8:30
20 occupied, 9
4 occupied, 0 available
8 occupied, 4 available
32
9+0+4=
available
13
9:00
16 occupied, 13
4 occupied, 0 available
12 occupied, 0
32
13 + 0 + 0 = 13
available
available
9:30
21 occupied, 8
3 occupied, 1 available
10 occupied, 2
34
8+1+2=11
available
-3 —occupied,
available
10:00
21 occupied, 8
I available
11 occupied, 1
35
8 + F+ I —=I 0
available
available
10:30
I8 occupied, 11
4 occupied, 0 available
I I occupied, 1
31
11 +0+ I = 12
available
available
11:00
18 occupied, 11
4 occupied, 0 available
9 occupied, 3 available
31
11 + 0 + 3 = 14
available
11:30
22 occupied, 7
4 occupied, 0 available
10 occupied, 2
36
7+0+2=9
available
available
12:00
19 occupied, 10
4 occupied, 0 available
10 occupied, 2
33
10 + 0 _+2 = 12
available
available
12:30
20 occupied, 9
4 occupied, 0 available
8 occupied, 4 available
32
9 + 0 + 4 = 13
available
1:00
21 occupied, 8
4 occupied, 0 available
9 occupied, 3 available
34
8 + 6-+ 3 = 1 I
available
1:30
18 occupied, 11
4 occupied, 0 available
10 occupied, 2
32
11 +0+2= 13
available
available
2:00
14 occupied, 15
4 occupied, 0 available
8 occupied, 4 available
26
15 + 0 + 4 = 19
available
2:30
15 occupied, 14
3 occupied, 1 available
7 occupied, 5 available
25
14 + 1 + 5 = 20
available
3:00
14 occupied, 15 -
3 occupied, 1 available
9 occupied, 3 available
26
15+ I +3-19
available
3:30
16 occupied, 13
3 occupied, I available
9 occupied, 3 available
28
13 + 1 + 3 = 17
available
4:00
18 occupied, 11
3 occupied, 1 available
9 occupied, 3 available
30
11 +1+3— 15
available
4:30
16 occupied, 13
4 occupied, 0 available
7 occupied', 5 available
27
13 + 0 _+5 = 18
available
5:00
15 occupied, 14
3 occupied, 0 available
8 occupied, 4 available
27
14 + 0 + _4= 18
available
As indicated in Table D above, the number of observed unoccupied parking spaces range from a high
of 20 spaces to a low of 9 spaces.
Page 6
4. Results of Parking Utilization of Mixed Use Center (325 -333 Old Newport Blvd) Based on
Zoning Requirements
Dr. Ong proposes to convert the existing Freestyle and American Slate retail spaces for his medical office use.
The gross floor area of the current Freestyle store is 1,631 square feet and the American Slate store is 1,430
square feet. The total area of both spaces is 3,061 square feet. Both are zoned for retail /office use which
requires 4 parking spaces per 1,000 square feet. The proposed conversion to medical office use would require 5
parking spaces per 1,000 square feet. In other words, one (1) additional parking space per 1,000 square feet is
required for the conversion to medical office use. The existing two retail suites require 12 parking spaces as
compared to 15 parking spaces required for the proposed medical office use. Thus, the proposed retail to
medical office conversion would require a total of three (3) more parking spaces. To adequately serve
handicapped patients for the proposed medical office, the existing two parking stalls in front of the project
building need to be re- striped as a handicapped parking stall. According to Table D on Page 6, the number of
observed unoccupied parking spaces range from a high of 20 spaces to a low of 9 spaces throughout the entire
weekday for the three parking areas serving the project site. After the conversion of the two retail suites to
medical office use, a minimum of 5 parking spaces would remain available throughout the entire weekday (see
Table E for detailed calculations).
TABLE E
Parking Spaces Required for the Proposed Conversion of Retail Suites to Medical Office Use
Existing
Existing
Existing Medical
Freestyle
American Slate
Office Conversion
Watch
Gross Floor Area (sq feet)
1430
1631
3061
Parking Code Requirement
4 per 1000 sq
4 per 1000 sq
5 per 1000 sq feet
feet
feet
Number of Parking Spaces Currently Allotted
6
6
Number of Parking Spaces Required by Code
15
Additional Parking Spaces Required for the Medical Office
3
Conversion
[15- (6 +6) =31
Medical Office Conversion Will Cause a Loss of I Parking Space
Due to the Need to Re-Stripe Existing Two Parking Spaces into 1
I
Handicapped Parking Space
Total Number of Additional Parking Required for the Proposed
Medical Office Conversion
4
Current Number of Observed Unoccupied Parking Spaces
Minimum = 9'
Throughout the Day (see Table D)
Maximum = 20
Number of Available Parking Spaces After the Medical Office
Minimum = 5
Conversion
Maximum = 16
Page 7
5. Parking Utilizaiton Surveys for American Slate and Freestyle Watch Retail Offices
The project proposes to convert the existing retail office suites, the American Slate and the
Freestyle Watch, into medical office use. In order to assess the difference of parking spaces
required for this medical office conversion and the two existing retail office use, parking
utilization surveys should be conducted of the two existing retail office use. However, such
parking utilization surveys are not feasible because the Freestyle Watch tenant had recently
moved out of the office and the office suite presently remains vacant. The other effective
alternative would be to assess the difference between the total parking utilization demand
survey conducted when the mixed -use center was 100% occupied previously and the total
parking utilization demand survey conducted when the mixed -use center is operating
without the Freestyle Watch retail office presently. Detailed analysis of this alternative
parking assessment is described in Table F, below:
Table F
( *) Data extracted from Tables A, B, and C.
As indicated in Table F above, the number of estimated parking spaces occupied by both the
American Slate and Freestyle retail office suites range from a high of 8 spaces to a low of 4
spaces.
A
B
C
D
E
F
PARKED
ESTIMATED
TOTAL
TOTAL
TOTAL
VEHICLES
PARKED
PARKED
PARKED
PARKED
TOTAL
TOTAL
BY
VEHICLES
TIME
VEHICLES
VEHICLES
VEHICLES
PARKED
PARKED
PATRONS
FOR
OF
OBSERVED
OBSERVED
OBSERVED
VEHICLES,
VEHICLES
VISITING
FREESTYLE
DAY
ON
ON
ON
AVERAGE
COUNTED
AMERICAN
RETAIL
TUESDAY,
WEDNESDAY,
THURSDAY,
OF 3-DAY
RECENTLY
SLATE
OFFICE
3 -24 -09
3 -25 -09
3 -26 -09
SURVEYS
ON 8-4-09
RETAIL
(COLUMND
( *)
M
M
OFFICE
MINUS
COUNTED
COLUMN E)
ON 8 -4 -09
1100
29
21
29
26
22
3
4
11:30
34
33
28
32
28
4
4
12:00
29
32
31
31
28
4
3
12:30
27
27
32
29
24
3
5
1:00
23
16
33
24
21
2
3
1:30
25
25
27
26
22
2
4
2:00
23
21
23
22
20
2
2
( *) Data extracted from Tables A, B, and C.
As indicated in Table F above, the number of estimated parking spaces occupied by both the
American Slate and Freestyle retail office suites range from a high of 8 spaces to a low of 4
spaces.
Page 8
6. Results of Parking Utilization Surveys of Mixed Use Center (325 -333 Old Newport
Blvd) Based on Actual Parking Demands of the Freestyle Watch and American Slate
Retail Offices
As shown in Table F, the estimated number of parked vehicles by patrons visiting both the
American Slate and the Freestyle Watch retail office suites range from a high of 8 spaces to a
low of 4 spaces. For medical use, the number of parking spaces required for a 3061 square
foot medical office suite is 15 spaces based on the city code requirement of 5 spaces per 1000
square feet. Thus, an additional 7 (15 - 8) parking spaces are needed for the conversion of
these two retail office suites to medical use. With the conversion to medical use, one parking
space is lost due to the need to combine two parking spaces into one handicapped parking. So
the total number of additional parking spaces needed for conversion to medical use is 8. As
seen in Table D, the minimum number of parking spaces available throughout the day is 9
and the maximum is 20. After the conversion of the two existing spaces, Freestyle Watch and
American Slate, to medical offices, there will be a minimum of 1 parking space available and
a maximum of 12 spaces available.
TABLE G
Parking Spaces Required for the Proposed Conversion of Retail Suites to Medical Office Use
Based on Actual Parking Demands
Existing
Existing
Combined
Total
Additional parking
Freestyle
American
usage
Required for
spaces needed for
Watch
Slate
Medical Use
medical office
conversion
Highest Observed Parking Demand
4
4
8
15
7
Medical Office Conversion Will Cause a
Loss of I Parking Space Due to the
Need to Re- Stripe Existing Two Parking
I
Spaces into 1 Handicapped Parking
Space
Total Number of Additional Parking
Required for the Proposed Medical
8
Office Conversion
Current Number of Observed
Unoccupied Parking Spaces Throughout
Minimum = 9
the Day (see Table D)
Maximum = 20
Number of Available Parking Spaces
Minimum = 1
After the Medical Office Conversion
Maximum = 12
Page 9
7. Impact of Nearbv Businesses on the City Parking Lot
As seen in the above parking survey data in Tables A, B and C, the field technician not only
counted the number of cars utilizing the City parking lot but also made notes as to which
nearby business properties parked their vehicles in the City parking lot. It was noted that
some parked cars belong to the employees in the medical building on the east side of Old
Newport Blvd. In particular, they did not note any people parked in the City parking lot and
went to the two business properties northerly of the proposed project. These wo properties
are currently only partially occupied, and there are plenty of empty parking spaces in front of
the buildings on any weekday. In conversation with Kevin Quick, the listing commercial real
estate agent for these two properties, the properties' owners are planning to demolish the
structures and build a medical building. During this planning stage, they intend to lease the
spaces "as is" and offer only short term leases. Mr. Quick is having a hard time finding
tenants for these properties. When the owners took over the properties two years ago, they
encouraged all tenants to move out. However, the planning for the new medical building
took longer that expected and many of the previous tenants are not coming back. Given this
information and the current economic climate, it is anticipated that there will not be
significant change in the existing occupancy rate and the traffic flow of these two business
properties until the new medical building is built. Once the new medical building is built, it
will comply to current codes, will have enough parking and its tenants and clients will not
need to use the City parking lot.
In conclusion, there will be no impact to the demand of the City parking lot from these two
business properties immediately adjacent and northerly of the proposed project even with the
conversion of the existing two retail offices to medical office use.
S. Findings and Conclusions
According to Table D, the number of combined parking spaces available from the
City parking lot, the un- striped parking area in front of the City parking lot, and the parking
area in front of the building of the mixed -use center, ranges from a minimum of 9 parking
spaces to a maximum of 20 parking spaces. This parking availability was observed during the
period from 9 A.M. to 5 P.M. of a typical weekday.
a
Page 10
Based on the City Parking Code, the proposed conversion of the two existing retail suites to
to medical office use would require three additional parking spaces and a handicapped
parking space, as shown in Table E. The number of available parking spaces would
decrease from a minimum of 5 spaces to a maximum of 16 spaces after the vacation of the
two existing retail office suites and the proposed conversion to medical office use.
Based on actual parking demands, the proposed conversion of the two existing retail offices
to medical use would require six additional parking spaces and a handicapped parking
space, as shown in Table G. The number of available parking spaces would decrease to a
minimum of 1 after the vacation of the two existing retail suites and the proposed
conversion to medical office use.
In conclusion, the proposed conversion of the two existing retail suites to a medical office
will have no impact on the overall available parking in this area. The three parking areas
serving the project site would still maintain a minimum of 5 available combined parking
spaces throughout the weekday based on City Parking Code requirements. Based on actual
parking demands, the 5 minimum available parking spaces would drop down to 1 parking
space.
Should you need any additional information or clarification of this parking study, please do
not hesitate to call us at any time.
Respectfully submitted,
C. Hui Lai, P.E.
Traffic Engineer
Attachment No. PC 4
Project Plans
1, Nll-
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PHASE -6 NEWPORT BLVD. eesu
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OLD NEWPORT BLVD,
3,061 SF EXISTING RETAIL SPACE
PROPOSED TO BE CONVERTED TO
MEDICAL OFFICE
BELLA CARA
DERMATOLOGY
Attachment No. PC 5
Applicant's Response Letter
September 17, 2009
Erin Steffen
Planning Department
City of Newport Beach
Newport Beach, CA
Re: UP2009 -014 (PA2009 -059)
Conversion of two retail suites at 333 Old Newport to medical use
Dear Ms. Steffen:
In his memorandum dated September 13, 2009, David Keely of Public Works -
Development Services requested additional information regarding the operational
characteristics of the existing and proposed medical use with the conversion of the two
retail suites at 333 Old Newport to medical use. In response to his comments, I will
elaborate on the operational characteristics of my current practice and the possible impact
of the move to a larger space.
My current office suite has a gross floor area of 1485 square feet. I see an average of 3.3
patients per hour (Table A)
TABLE A
NUMBER OF PATIENTS SEEN
Monday, Wednesday:
15 —20 per day
PER DAY
Tuesday
: 4 — 6 per day
(procedure day)
Thursday
: 10 — 12 per day
Friday
: 12 —18 per day
AVERAGE NUMBER OF
10 — 15 patients seen per day except during
PATIENTS PER DAY
lunch hour between 12:OOPM
and 2:00 PM and
less on Tuesdays
AVERAGE NUMBER OF
3.3
PATIENTS PER HOUR
NUMBER OF STAFF (6)
1 physician
2 nurses
3 administrative staff
With the increase in office space with this move to a larger office, I could potentially
increase my patient volume from an average of 3.3 patients per hour to 5 patients per
hour which is usually the maximum number of patients that one doctor can
adequately care for in an hour. If this growth were realized, I would need to hire one
additional full time staff to accommodate the increased patient demand. At that point,
my office would require a total of 12 parking spaces per hour (1 doctor, 3 nurses, 3
administrative staff and 5 patients). This number would still be much less than the
15 parking spaces required by the City's Parking Code. Furthermore, this number
assumes that all 5 patients would remain at my office for the entire hour. In reality,
patients are scheduled every fifteen to thirty minutes per appointment. At any
moment in time, there is one patient being seen by the doctor and another patient
waiting to be seen. So there are usually two to at most three patients in the office at
any time.
My current office is very cramped (see Figure 1). We have three exam rooms and
one procedure room. If we have two patients scheduled for a procedure back -to -back,
then we have to use one the exam room to do the procedure for the next patient. We
do not have enough space for offices, laboratory and storage. My office is a closet
space measuring 6 ft by 10 ft. The laboratory space is so tiny that two nurses would
be standing elbow -to -elbow if they both are in the laboratory at the same time. The
biller and the manager share one office 10 ft by 10 ft which doubles as a chart storage
area. We store much of our supplies in the plastic sheds placed in the balcony area.
So, what we packed into a space of 1485 square feet would comfortably be
accommodated by a suite of 3061 square feet.
I trust that the above explanations adequately address Mr. Keely's comments. If you
need any further information, please do not hesitate to contact me at 949) 646 -7546.
Thank you for your assistance with this use permit application.
Sincerely,
Hung V. Ong
B
A
L
C
0
N
Y
FIGURE 1 - DR. ONG'S CURRENT OFFICE
51ft
MD OFFICE
LAB AREA I I BLUE LIGHT
PROCEDURE
DISPLAY
RECEPTION
BILLER 8
AAP.NAGER
TOILET 1 27 ft
T
V
NOTICE OF PUBLIC HEARING
Ong Appeal
Use Permit No. UP2009-014
(PA2009 -059)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the
following Hem:
An appeal of the Planning Commission's approval of a use permit to waive the additional off -street parking
required for the conversion of 3,061 square -feet of retail to medical office in an existing mufti- tenant building
located at 333 Old Newport Boulevard.
The appeal was filed by City Council Member Steven Rosansky.
This project has been determined to be categorically exempt under the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on March 23.201 0, at the hour of L
p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California,
at which time and place any and all persons interested may appear and be heard thereon. If you challenge this
project in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For
information call (949) 644 -3200.
M.jdsil
AFFIDAVIT OF POSTING
On > S 2010, I posted the Notice of Public Hearing regarding:
ONG APPEAL USE PERMIT NO.UP2009 -014
(PA2009-059)
Date of Hearing: March 23, 2010
Easy Peep labels
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Use Avery® Template 51606
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937 210 22
049 082 01
GERALD A KLEIN
ALAN 8 PAMELA SZABO
326 OLD NEWPORT BLVD
308 HOLMWOOD DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663 '
425 381 08
049 082 02
EMANUEL SHIOULLAN
KENNETH L EVANS
340 OLD NEWPORT BLVD
320 HOLMWOOD DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92663
425 272 03
425 381 03
COO INVESTMENTS LLC
JACQUELINE JOY HUMPHRIES
307 PLACENTIA AVE $205
1836 GALAXY DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH, CA 92660
425 381 14
423 011 30
KEVIN K BARNETT
MEMORIAL HOSPITAL HOAG
350 OLD NEWPORT BLVD
1 HOAG DR
NEWPORT BEACH, CA 92663
NEWPORT BEACH. CA 92663
049 082 37 425 381 13
THOMAS L WEBB JURJEN VAN DER WAL
27451 VALDERAS 325 HOLMWOOD OR
MISSION VIEJO, CA 92691 NEWPORT BEACH, CA 92663
425 381 02
425 271 16
MIE KATAYAMA
ORANGE COAST ASSOCIATION
2233 MARTIN 0402
401 OLD NEWPORT BLVD 0100
IRVINE, CA 92612
NEWPORT BEACH, CA 92663
DR. HUNG ONG
THEODORA ATTANSSORA
307 PLACENTIA AVENUE, STE 205
4850 BARRANCA PARKWAY. STE 203
NEWPORT BEACH, CA 92863
IRVINE, CA 92604
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425 381 06
EMANUEL SHAOULIAN
332 N NEWPORT BLVD
NEWPORT BEACH, CA 92663
425 381 12
JEFFERY S ATKINS
333 HOLMWOOD DR
NEWPORT BEACH, CA 92663
049 082 03
CREIGHTON BARBER LAZ
326 HOLMWOOD DR
NEWPORT BEACH, CA 92663
425 381 04
VICTOR J BUCCOLA
16979 EDGEWATER LN
HUNTINGTON BEACH, CA 92649
425 272 01
NEWPORT MEDICAL CENTER
24411 HEALTH CENTER DR $600
LAGUNA HILLS, CA 92653
ANA ONG
1431 HIGH BLUFF DRIVE
NEWPORT BEACH, CA 92660
NEWPORT HEIGHTS IMPROVEMENT ASSOC.
DON KROTEE
2916 CLAY STREET
NEWPORT BEACH, CA 92683
WWwaveryoom !i
1.800-GO -AVERY
Appeal of Planning
Commission Approval
333 Old Newport Boulevard
Proposed Medical Use
(PA2009 -059)
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Project Staff Report, March 23, 2010, p.3
"Parking survey reports... supported that
the a Vaila Me m unicipal parking spaces
located adjacent to the project site would
he sufficient for the proposed project
with or without the Testa urant. "
T
T
mmw
Appeal of Planning
Commission Approval
333 Old Newport Boulevard
Proposed Medical Use
(PA2009 -059)
Auth rued to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County. California. Number Afi214.
September 29, 1961, and A -24831 June 11. 1963.
RECF!��ED
PROOF OF PUBLICATION
15 AM ? 00
-,:CE OF
STATE OF CALIFORNIA)
THE 01Y(R
CRY 0"' tF. "PORr
ss.
BE"
COUNTY OF ORANGE )
I am a Citizen of the United States and a
NOM OfPI)BIKHEARING
resident of the County aforesaid; I am
OngAppsial
over the age of eighteen years, and not a
Use Tim -0SW-0 A
I
party to or interested in the below entitled
EN that the CityeCouunciil
matter. I am a principal clerk of the
of the City of Newport
Beach will hold a public
NEWPORT BEACH - COSTA MESA
hearing on the following
item.
An appeal of the Plan
DAILY PILOT, a newspaper of general
ping Cof a use p ap
royal use permd
a
circulation, printed and published in the
t waive aive e I additional
off-street parking re
p
City of Costa Mesa, County of Orange,
`,.feet
sowed far n,
so. of 3.061 sel
State of California, and that attached
l ol
of retail to medical of
hce In an existing Gulf,
tenant building located
Notice is a true and complete copy as
e 'ee4010 Newport Bou
was printed and published on the
The appeal was filed by
City Council Member
following dates:
Elevenrotect ky.
,infect has been
determined to be cater
de a
exempt under
the requirements of the
the eq nts
nu
California
t union lass
Ihabty Act under Class
Quality
(Existing facilities).
NOTICE S HEREBY FIJR
ai e
THEN GIVEN that said
March 6, 2010
he nearing will be
held On Merrill zo
at h o Hour of f
n t
P.T. the Council
740 m
Chambers of the Now
Chambers
Dorf Beach Goy Mall.
3300 Newport Boulevard.
Newport Beach. Ceband
at time and
y an
place any and all per
plot
I declare, under penalty of perjury, that
sons
pear and b G'y'p
pear and be heard
the foregoing is true and correct.
thereon d you challenge
this protect ,e court.
may be limned sing
or
you Or
only s you
sonv ome else
pub else raised at
Executed on March 10, 2010 at
the
the public IN? notice °`
scribed it Ifu {ncorr e
Costa Mesa, California.
in written corre
d°d"dence delivered to
the City at. or WIG, to,
the public haarmg fa
information call
1999)646 - 7200
L3200 t. BfOwn,
City Clerk
City of Newport Beach
Sign
Published NewP a rt
re
BeacNCosta Mesa Daily
PibI March 6 . 2010