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HomeMy WebLinkAboutPC2018-033 - HARBOR POINTE SENIOR LIVING - CERTIFY ENVIRONMENTAL IMPACT REPORT ER2018-001 AND APPROVE THE MITIGATION MONITORING AND REPORTING PROGRAM AND GENERAL PLAN AMENDMENT - 101 BAYVIEW PLACERESOLUTION NO. PC2018-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL CERTIFY ENVIRONMENTAL IMPACT REPORT NO. ER2018-001 AND APPROVE THE MITIGATION MONITORING AND REPORTING PROGRAM, GENERAL PLAN AMENDMENT NO. GP2015-004, PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2015-005, MAJOR SITE DEVELOPMENT REVIEW NO. SD2015-007, CONDITIONAL USE PERMIT NO. UP2015-047, AND DEVELOPMENT AGREEMENT NO. DA2018-006 FOR A 120 -BED SENIOR CONVALESCENT AND CONGREGATE CARE FACILITY (RESIDENTIAL CARE FACILITY FOR THE ELDERLY) LOCATED AT 101 BAYVIEW PLACE (PA2015-210) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Harbor Pointe Senior Living LLC of California ("Applicant"), with respect to property located at 101 Bayview Place, and legally described as Lot 1 of Tract No. 12528 in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 551 Pages 38 through 41 inclusive of Miscellaneous Maps, in the Office of the County Recorder of said County ('Property"). 2. The Applicant proposes the demolition of an existing approximately eight thousand eight hundred (8,800) square -foot restaurant building ("Kitayama") to accommodate the development of an approximately eighty five thousand (85,000) square -foot, three-story senior convalescent and congregate care facility (i.e., memory care and assisted living as a State -licensed Residential Care Facility for the Elderly ["RCFE"]) with one hundred twenty (120) beds ('Project'). 3. In order to implement the Project, the Applicant requests the following approvals from the City of Newport Beach ("City"): • General Plan Amendment ("GPA") — To change the land use designation for the Property from General Commercial Office ("CO -G") to Private Institutions ("PI"), and amend Anomaly No. 22 to replace the existing allowed development limits of eight thousand (8,000) square feet for restaurant or seventy thousand (70,000) square feet for office with eight five thousand (85,000) square feet for a residential care facility for the elderly ("RCFE") (Table LU2 and associated figures). • Planned Community Development Plan Amendment (Zoning) — To change the allowed land uses and amend development standards in the Bayview Planned Community ("PC -32") Zoning District. Planning Commission Resolution No. PC2018-033 Paae 2 of 29 • Major Site Development Review — To ensure site development is in accordance with the applicable planned community and zoning code development standards and regulations pursuant to Newport Beach Municipal Code ("NBMC") Section 20.52.080 (Site Development Reviews). • Conditional Use Permit —To allow the operation of a one hundred twenty (120) bed Residential Care Facility for the Elderly (memory care and assisted living facility). • Development Agreement — The applicant has requested a development agreement, which will provide for public benefits as the project is implemented. • Environmental Impact Report ("EIR") — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals pursuant to the California Environmental Quality Act ("CEQA"). 4. The Property is located within the Bayview Planned Community ("PC -32") Zoning District and the General Plan Land Use Element category is General Commercial Office ("CO -G"). 5. The Property is not located within the coastal zone; therefore, a coastal development permit is not required. 6. A study session was held on February 23, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to introduce the project to the Planning Commission. No action was taken at the study session. Although not required, the City mailed a courtesy public notice of this study session to property owners within a 300 -foot radius of the Property. 7. A study session was held on September 13, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to provide a project update to the Planning Commission and review the conclusions of the draft EIR. No action was taken at the study session. Although not required, the City mailed a courtesy public notice of this study session to property owners within a 300 -foot radius of the Property. 8. A public hearing was held on December 6, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to CEQA, Public Resources Code Sections 21000, et seq., the State CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K-3, it was determined that the project could have a significant adverse effect on the environment, and thus warranted the preparation of an environmental impact report ("EIR"). 2. On July 22, 2016, the City, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the EIR and mailed that NOP to responsible and trustee public agencies, organizations likely to be interested in the potential impacts, property owners Planning Commission Resolution No. PC2018-033 Paae 3 of 29 within a three hundred (300) foot radius of the Property, and any persons who had previously requested notice in writing. 3. On August 15, 2016, the City held a public scoping meeting to present the project and to solicit input from interested individuals, organizations, and responsible and trustee public agencies regarding environmental issues that should be addressed in the EIR. 4. A draft Environmental Impact Report (State Clearinghouse No. 2016071062) ("DEIR") and errata have been prepared in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3. 5. The DEIR was circulated for a fifty (50) day comment period beginning on August 10, 2018, and ending on September 28, 2018. The DEIR, comments, and responses to the comments were considered by the Planning Commission in its review of the proposed project. 6. The Final EIR, consisting of the NOP, Initial Study, DEIR, Responses to Comments, Revisions to the DEIR, and Mitigation Monitoring and Reporting Program attached as Exhibits "A" and "B," and incorporated herein by reference, were considered by the Planning Commission in its review of the proposed project. 7. The Final EIR ("FEIR") does not identify any significant impacts to the environment, which are unavoidable. 8. Based on the entire environmental review record, the Project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse effects on human beings that would be caused. Additionally, there are no long-term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 9. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Planning Commission Resolution No. PC2018-033 Page 4 of 29 SECTION 3. REQUIRED FINDINGS. General Plan and Planned Community Development Plan Amendments 1. Amendments to the General Plan and Planned Community Development Plan (i.e., "Zoning Code") are legislative acts and neither City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. The requested GPA from CO -G to PI does not eliminate existing or future land uses to the overall detriment of the community given the site's size, location, and surrounding uses. Numerous CO -G designated properties are located throughout the City that could accommodate restaurants and office buildings. Additionally, restaurants and office land uses are allowed in sixteen (16) office, commercial and mixed-use zoning districts. The proposed General Plan and PC text amendment allow only a residential care facility for the elderly and no other institutional uses. 3. The requested GPA and resulting land use change are compatible with the surrounding existing uses and planned land uses identified by the General Plan because the project would introduce an additional nonresidential land use along the Bristol Street corridor, which contains a mix of nonresidential uses abutting residential neighborhoods. The Project would help to ensure adequate accommodations are available to the City's aging population and is in furtherance of the policies set forth in the General Plan Land Use Element. 4. The requested GPA and resulting land use change is consistent with other applicable land use policies of the General Plan. a. Land Use Element Policy LU2.1 (Resident -Serving Land Uses). Accommodate uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, entertainment, and social and spiritual activity that are in balance with the community natural resources and open space. The project would replace the existing restaurant and the possibility to construct a 70,000 -square -foot office building with a residential care facility for the elderly to serve the aging population, which comprises almost 25 percent of the City's total population according to latest available American Community Survey ("ACS") data. At present, there are approximately 685 beds in similar facilities citywide. b. Land Use Element Policy LU3.2 (Growth and Change). Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that Planning Commission Resolution No. PC2018-033 Paqe 5 of 29 distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The Project would enhance the Bristol Street corridor by providing an updated building that complies with all current Building and Fire Codes. The change in use and increase in floor area are appropriate given that the project will provide additional, adequate accommodations for the City's aging population, which is continuing to grow, assisting the City to meet housing goals. Mitigation Measure MM FIRE -1 is included in the DEIR to help ensure emergency medical services are not compromised by helping to furnish an additional ambulance for the nearby Santa Ana Heights Fire Station No. 7. Furthermore, the project would result in a calculated overall decrease of average daily trips ("ADT") by 426, based on the Institute of Transportation Engineers' ("ITE's") 2017 Trip Generation Manual, 10th Edition trip rates for restaurant and assisted living land uses. A restaurant land use of this size generates a calculated 738 average daily trips, while an assisted living facility of this size generates a calculated 312 average daily trips. c. Land Use Element Policy LU3.8 (Project Entitlement Review with Airport Land Use Commission). Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than two hundred (200) feet above ground level to the ALUC for review. The ALUC will review this Project prior to City Council consideration, consistent with this Policy. d. Land Use Element Policy LU 5.2.2 (Buffering Residential Areas). Require that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through such techniques as: • Incorporation of landscape, decorative walls, enclosed trash containers, downward focused lighting fixtures, and/or comparable buffering elements; • Attractive architectural treatment of elevations facing the residential neighborhood; • Location of automobile and truck access to prevent impacts on neighborhood traffic and privacy. MP Planning Commission Resolution No. PC2018-033 Pape 6 of 29 Land Use Element Policy LU5.6.1 (Compatible Development). Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. The project is designed to be compatible with the adjoining residential neighborhoods by incorporating a perimeter landscaping buffer and site walls, as well as an increased setback of 41 feet from the adjoining residential properties, where the development standards require 20 feet, for a proposed three-story building. Although landscaping will buffer the view of the building from the residences, the architectural treatment will be composed of varied materials including stacked stone columns, stone veneer and smooth stucco, stainless steel metal panels, glass windows, and concrete or composition shingle roofing. Although the drive aisle and entrance into the subterranean parking wraps around the building nearest the residential community to the south, it will be buffered by landscaping and taller site walls. Additionally, all of the day-to-day vehicular activity with employee shift changes and visitors will occur in the subterranean parking area, as well as at the front entrance near the corner of Bristol Street and Bayview Place. e. Land Use Element Policy LU5.6.2 (Form and Environment). Require that new and renovated buildings be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures, result in glare and excessive illumination of adjoining properties and open spaces, or adversely modify wind patterns. The project's design will be architecturally compatible with the adjoining office buildings to the west and east, which are taller than the proposed building. Building materials consisting of smooth stucco, stainless steel metal panels, glass windows, and concrete or composition shingle roofing have also been selected to blend with and complement the residential neighborhoods to the west and south. The aesthetics of the project were also reviewed as part of the DEIR and no significant impacts were identified. f. Land Use Element Policy LU5.6.3 (Ambient Lighting). Require that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient lighting of their location. Although a final lighting design has not yet been created, Condition of Approval Nos. 29 and 30 are included to require a photometric survey and to help ensure there are no negative lighting impacts to neighboring uses. This will be reviewed prior to issuance of any building permit for new construction and a final inspection will be conducted to ensure the site is not excessively illuminated. g. Land Use Element Policy LU6.1.2 (Siting of New Development). Allow for the development of new public and institutional facilities within the City provided that Planning Commission Resolution No. PC2018-033 Paae 7 of 29 the use and facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. The project will replace an existing nonresidential use with a RCFE, which will serve the City's aging population. The new construction will comply with all applicable requirements, as amended, including the maximum height limit currently allowed for a new building at this site. Although the project includes an increase in floor area, the amount of average daily trips (ADT) generated will be reduced from the current restaurant land use or the potential office land use. The Property is located in a nonresidential corridor along Bristol Street, which is developed with office buildings, supporting commercial uses, and a hotel. The proposed use will be compatible with adjoining residential, office, and hotel land uses. No significant unavoidable environmental impacts associated with the project were identified in the DEIR. The DEIR includes mitigation measures through the MMRP that will ensure any potentially significant environmental impacts are mitigated. The proposed land use is considered nonresidential, although it will act more residential in nature given that seniors needing assistance will be living in the facility. The project site buffers residential development from Bristol Street and the SR73 Freeway. Based on the analysis performed for the DEIR, project design and the quasi -residential use, the RCFE is anticipated to be compatible with the surrounding use. All existing streets and utilities are sufficient to support the project, as studied in the Technical Appendices to the DEIR. h. Land Use Element Policy LU6.1.3 (Architecture and Planning that Complements Adjoining Uses). Ensure that the City's public buildings, sites, and infrastructure are designed to be compatible in scale, mass, character, and architecture with the district or neighborhood in which they are located, following the design and development policies for private uses specified by this Plan. Design impacts on adjoining uses shall be carefully considered in development addressing such issues as lighting spillover, noise, hours of operation, parking, local traffic impacts, and privacy. The project is located adjacent to professional office buildings. It is also near existing residential communities; however, the design maintains a setback of at least 41 feet to the nearest residentially zoned property and approximately 90 feet to the nearest residence. The majority of the building will also be set back approximately 15 feet from the property line abutting the Bristol Street right-of- way and 11 feet from the Bayview Place right-of-way. The project's construction will comply with all current regulatory requirements, including applicable height limits ensuring the scale and mass of construction will be compatible. A lighting plan has not been finalized. Conditions of Approval Nos. 29 and 30 are included to address any potential impacts on adjoining properties related to lighting spillover. Outdoor open spaces for residents of the facility are not proposed adjacent to the adjoining residential areas, which will help provide privacy for occupants of the facility, as well as for the nearby residents. The larger courtyard areas are internal and are buffered by the building, which will help to provide Planning Commission Resolution No. PC2018-033 Paae 8 of 29 sound attenuation. Conditions of Approval Nos. 10 and 11 limit allowable hours for routine deliveries and trash pick-up, as well as visitors to the facility, which will help to ensure the hours are compatible with the adjoining neighborhood. All required parking is provided on-site. If there are any issues with parking in the future; Condition of Approval No. 9 ensures appropriate review by the Community Development Director as needed. The average number of daily trips to this type of facility is determined by the number of beds. When compared to the ITE's trip generation rates for a restaurant land use, there is a calculated reduction of average daily trips to the site and thus, no foreseeable local traffic impact. 5. City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter. If a GPA (separately or cumulatively with other GPAs within the previous ten (10) years) generates more than one hundred (100) peak hour trips (a.m. or p.m.), adds forty thousand (40,000) square feet of nonresidential floor area, or adds more than one hundred (100) dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. a. This property is within Statistical Area J6. There have been no GPAs in Statistical Area J6 since the General Plan update in 2006. The amendment results in fifteen thousand (15,000) additional square feet of nonresidential floor area. There is no addition of dwelling units. The fifteen thousand (15,000) additional square feet for the proposed facility results in a net decrease of seventy five (75) a.m. peak hour trips and a net decrease of seventy four (74) p.m. peak hour trips. These decrease are based on the trip generation rates for the allowed general office building and a nursing home (i.e., best available comparable use in Council Policy A-18). b. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve GPA No. GP2015-004. 6. The proposed amendment to the PC -32 Zoning District meets the intent and purpose for a PC as specified in NBMC Section 20.56.010 (Planned Community District Procedures, Purpose). The property is located in the northern portion of Santa Ana Heights, which includes a mixture of commercial support uses, professional offices, a hotel, and residential developments. The amended PC -32 Development Plan is complimentary to the surrounding development, including the standards and allowed uses of the adjoining Santa Ana Heights Specific Plan Area. 7. The proposed amendment to the PC -32 Development Plan would apply appropriate site and Project -specific setbacks, intensity, and height limits to the project site given the site's urban location and all required parking is provided onsite. The site is currently fully developed and does not support any natural resources. All potential environmental impacts associated with the Project are appropriately addressed through standard building permit procedures and the mitigation measures identified in the FEIR. Planning Commission Resolution No. PC2018-033 8. The future development of the property affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan; and will be consistent with the purpose and intent of the PC -32 Development Plan. 9. A development agreement is requested by the applicant, as the Project would add nonresidential floor area within Statistical Area J6 (Airport Area). The development agreement includes all the mandatory elements for consideration and public benefits that are appropriate to support conveying the vested development rights consistent with the General Plan, NBMC, and Government Code Sections 65864 at seq. a. The public benefit in the proposed development agreement includes the payment of a public benefit fee and a mitigation impact fee in the amount of one million dollars and 00/100 ($1,000,000.00). Major Site Development Review In accordance with NBMC Subsection 20.52.080(F) (Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. The proposed development is allowed within the subject zoning district. Fact in Support of Finding: The proposed Major Site Development Review for an approximately eighty five thousand (85,000) square -foot residential care facility for the elderly ("RCFE") is consistent with the proposed amendment to the PC -32 Development Plan, which would allow a residential care facility for the elderly, subject to the approval of a conditional use permit. The RCFE would be a combined convalescent and congregate care facility. NBMC Chapter 20.70 (Definitions) defines convalescent facilities as establishments that provide care on a twenty four (24) hour basis for persons requiring regular medical attention. In this case, the convalescent facility is in the form of a twenty (20) bed memory care facility for Alzheimer and dementia patients. Congregate care is defined as housing built specifically for the elderly that provides services, such as an on-site meal program, housekeeping, laundry, social activities, and transportation. In this case, there will be one hundred (100) beds for congregate care with various shared amenities and services provided. The total number of beds between the two components will be one hundred twenty (120) within one hundred one (101) rooms. Finding: B. The proposed development is in compliance with all of the following applicable criteria: i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; Planning Commission Resolution No. PC2018-033 Page 10 of 29 ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and vi. The protection of significant views from public right(s)-of-way and compliance with NBMC Section 20.30. 100 (Public View Protection). Facts in Support of Finding: Refer to above facts under Amendments, which discuss the Project's consistency with the proposed PI General Plan land use designation and the proposed amendment to PC -32 Development Plan. 2. The proposed structure will maintain a similar size and scale to that of the existing adjoining nonresidential buildings to the west and east along Bristol Street. The total gross floor area will be no more than eighty five thousand (85,000) square feet, which will be compliant with the maximum floor area allowed for a RCFE. The Project includes approximately 18,859 square feet of landscape area, which has been designed to meet NBMC Chapter 14.17 (Water -Efficient Landscape) requirements with respect to water efficiency. Although a photometric survey has not been provided, lighting of the building is conditioned to meet the requirements of the NBMC to mitigate impacts to neighboring properties. 3. The proposed structure complies with the pre- and post -amendment maximum height of thirty five (35) feet for this area of PC -32 from finish grade to the top of the uppermost ceiling with an additional ten (10) feet allowed for roofing and mechanical screening. All mechanical equipment on the rooftop will be screened in compliance with NBMC Subsection 20.30.020 (Buffering and Screening). 4. The proposed structure is required to comply with all Building and Fire Codes. The facility is required to obtain a license from the Department of Social Services (DSS) of the State of California for its operation. 5. The Project will be modern in appearance with building materials and finishes that include stone veneer and smooth stucco, stainless steel metal panels, glass windows, and concrete or composition shingle roofing. Planning Commission Resolution No. PC2018-033 Paqe 11 of 29 6. Site access, including the drive aisles, driveways, parking and loading spaces have all been reviewed by the Public Works Department for adequacy, efficiency, and safety. The Project design complies with the required parking ratio of one parking space for every three beds (i.e., one hundred twenty (120) beds divided by three (3) = a minimum of forty (40) parking spaces). 7. The proposed setbacks would be greater than the currently required setbacks in the PC - 32 Development Plan. The Project is designed such that the building is set back a minimum of approximately forty one (41) feet from the adjacent residential properties. The setback area will be improved with parking areas, landscaping, and site walls to help buffer the site from adjacent residential uses. The building will also be set back a minimum of fifteen (15) feet from the Bristol Street property line and eleven (11) feet from the Bayview Place property line, which exceeds the current ten (10) foot minimum setback requirement. 8. All facility operations including, but not limited to, visiting hours and delivery hours to the facility are limited by the conditions of approval to help mitigate potential impacts to the adjacent residential neighbors. 9. The Project site does not have the potential to obstruct public views from public view points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the Pacific Ocean, Newport Bay and Harbor, offshore islands, the Old Channel of the Santa River (the Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive open space. The Project is not located near any public view points and there are no designated public views through or across the site. Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of person residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The Project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment consistent with development along Bristol Street. 2. The proposed building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Emergency, refuse and delivery trucks will utilize the entry drive off Bayview Place at the easterly side of the Property. The final size, design, location, and screening of the refuse enclosures will comply with the requirements of Planning Commission Resolution No. PC2018-033 Pape 12 of 29 NBMC Section 20.30.120 (Solid Waste & Recyclable Materials Storage), ensuring compatibility with the on-site and adjacent uses. 3. Conditions of approval are included to help ensure any potential impacts are limited, including, but not limited to: a. Conditions of Approval Nos. 29 and 30 require all outdoor lighting to meet the requirements of the Zoning Code, prohibiting light and glare spillage from the facility to the adjacent properties. This will be reviewed in more detail as part of the building permit plan check process. b. Condition of Approval No. 10 limits delivery and commercial trash pick-up hours to the facility to mitigate potential impacts to the adjacent neighbors. Condition of Approval No. 11 limits visiting hours to the facility to mitigate potential impacts to the adjacent neighbors. d. The noise from a convalescent and/or congregate care facility is typically low. Condition of Approval No. 32 helps to ensure that the use will comply with NBMC Chapter 10.26 (Community Noise Control). 4. The Project would introduce approximately one hundred twenty (120) new residents, which is a nominal increase in the City's overall total population. However, these types of facilities typically require more calls for emergency medical services than a residential community of the same size. Given the Project's location and its adjacency to currently proposed residential projects and projects under construction, the combined projects could impact the ability of emergency services to meet standard levels or jeopardize the ability to meet existing response times. As such, Mitigation Measure MM FIRE -1 has been included in the EIR to ensure the Applicant contributes a fair share amount to the purchase, equipment, and personnel of a new rescue ambulance with patient transport and advanced life support (ALS) capabilities. This new ambulance would be stationed at the nearby Santa Ana Heights Fire Station No. 7 and would serve the Property, as well as the new projects within the airport area and existing development in the Santa Ana Heights area and other nearby communities. 5. The Irvine Ranch Water District ("IRWD") has sufficient water supply to serve the Project and has provided a conditional will -serve letter. Also, the project includes the installation of water -efficient fixtures in each care unit to reduce water use and landscape irrigation systems designed with weather sensors, timers, and low -flow irrigation devices. The John Wayne Airport is located approximately 0.7 -mile northwest of the Property and is the nearest public airport. The Project is within the notification area of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. However, the Project is below the maximum transitional imagery surface heights, and thus the project is within the building height limits of the AELUP. A "No Hazard" determination was provided by the Federal Aviation Administration (FAA). The Property falls inside the Noise Impact Zone "2" — Moderate Noise Impact where uses would be exposed to noise between 60 and Planning Commission Resolution No. PC2018-033 Pape 13 of 29 65 decibels (dB) Community Noise Equivalent Level (CNEL). The proposed use is considered "normally compatible" where conventional construction, with closed windows and fresh air supply systems or air conditioning, will normally suffice to insulate residents from the negative effects of aircraft noise. The project site is within Safety Zone 6 (Traffic Pattern Zone), where the likelihood of an accident is low. 7. The Project does not involve the use or manufacture of any hazardous substances that could impact nearby development. Moreover, project construction would comply with all applicable laws and regulations governing application and disposal of any hazardous materials discovered during construction. Rooftop mechanical equipment is fully enclosed within an equipment screen and is not visible from the public right-of-way. 9. The new construction complies with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval. 10. A nonresidential structure has existed at this location since late 1986. The Project will improve the site with construction that complies with all current requirements and will reduce the overall average daily trips ("ADT") by approximately four hundred twenty six (426) per the 2017 Institute of Transportation Engineers ("ITE") Trip Generation Manual. 11. The Project would replace the Kitayama restaurant with a needed service for the aging population, which comprises almost twenty five (25) percent of the City's total population according to latest available American Community Survey ("ACS") data. Conditional Use Permit In accordance with NBMC Section 20.52.020(F) (Findings and Decision), the following findings and facts in support of such findings for a minor use permit are set forth: Finding: D. The use is consistent with the General Plan and any applicable specific plan; Fact in Support of Finding: The Project is consistent with the General Plan, as proposed to be amended. See all Facts in Support of Findings B and C above. Finding: E. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Planning Commission Resolution No. PC2018-033 Paae 14 of 29 Fact in Support of Finding: The Project complies with all NBMC and PC -32 development standards, as proposed to be amended, including, but not limited to, height, floor area, parking, and landscaping. See all Facts in Support of Findings A and B above. Finding: F. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: The Project will replace an existing nonresidential use with a new nonresidential use. At present, a seventy thousand (70,000) square foot office building could be allowed on the Property. The Project would be of similar bulk and scale, but would have a lesser trip generation. RCFE and similar assisted living facilities have very low ADT and peak - hour trip generation. All improvements will modernize and comprehensively upgrade the general appearance of the site. 2. The Property is located at the corner of Bayview Place and Bristol Street. The existing driveway entrance from Bayview Place will be maintained and used as the primary entry and exit. 3. The Property is immediately adjacent to professional office buildings to the west and east, which are both taller buildings. Also to the west is the Residential Single -Family ("RSF") District of the Santa Ana Heights Specific Plan Area ("SP -7"). RSF properties are permitted to have structures with a maximum height of thirty five (35) feet. The Project is a quasi -residential use and complies with the maximum height limitations currently identified in the PC -32 Development Plan. It has been designed such that it will be compatible with the adjoining land uses. Multi -family condominiums are abutting the Project site to the south. All proposed construction will be set back a minimum of approximately forty one (41) feet from the property lines abutting the residential uses. The main drive aisle, landscaping, and a perimeter site will serve to further buffer those residential uses from the Project. Condition of Approval No. 2 is included to limit the Project to 120 beds, which will ensure the operation does not intensify. 5. See all Facts in Support of Finding C above. Finding: G. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Planning Commission Resolution No. PC2018-033 Paae 15 of 29 Facts in Support of Finding: 1. The Property is currently developed with a single driveway approach accessible from Bayview Place. The Project will maintain the existing driveway approach and will add another approach on Bristol Street for emergency vehicle access. 2. The Project site provides adequate parking and circulation including turn -around areas for deliveries. Conditions of approval are included to ensure compliance with all the circulation standards and the final plans are required to be reviewed and approved by the Public Works Department. 3. Adequate emergency vehicle access has been incorporated into the Project design. Conditions of approval are included to help ensure compliance with all emergency vehicle access requirements and the final plans are required to be approved by the Fire Department. 4. The IRWD currently services the site with water and sewer via mains that run through Bristol Street and Bayview Place. As part of the Project review, the IRWD issued a conditional will -serve letter, indicating the Project could be adequately served by its infrastructure. The Gas Company and Southern California Edison will continue to service the site through existing connections. Finding: H. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Fact in Support of Finding: See all Facts in Support of Finding C above. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach certify Environmental Impact Report No. ER2018- 001 (SCH No. 2016071062), as depicted in Exhibit "A," which consists of the notice of preparation, initial study, environmental analysis, alternatives analysis, appendices, responses to comments, and revisions to the draft EIR. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach approve the Mitigation Monitoring Report Program as depicted in Exhibit "B" of this resolution. Planning Commission Resolution No. PC2018-033 Pape 16 of 29 3. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach approve General Plan Amendment No. GP2015- 004 as depicted in Exhibit "C," to replace the existing allowed development limits of eight thousand (8,000) square feet for restaurant or seventy thousand (70,000) square feet for an office with eighty five (85,000) square feet for a residential care facility for the elderly ("RCFE") (Table LU2 and associated figures), and to change the land use designation for the property from General Commercial Office ("CO -G") to Private Institutions ("PI"). 4. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Planned Community Development Plan Amendment No. PD2015- 005 (Zoning) as depicted in Exhibit "D" to change the Bayview Planned Community (PC - 32) land use designation and revise the development standards to accommodate the Project. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Development Agreement No. DA2018-006, as set forth in Exhibit "E." The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Site Development Review No. SD2015-007 and Conditional Use Permit No. UP2015-047, subject to the conditions of approval set forth in Exhibit "F." PASSED, APPROVED, AND ADOPTED THIS 6T" DAY OF DECEMBER, 2018. AYES: Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak NOES: ABSTAIN: ABS: Ellmore