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HomeMy WebLinkAbout1631 - APPROVE UP AMENDMENT AND TS_500-540 SUPERIOR AVERESOLUTION NO. 1631 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT OF USE PERMIT NO. 3679 AND TRAFFIC STUDY NO. 2003- 001 FOR PROPERTY LOCATED AT 500 -540 SUPERIOR AVENUE (PA2003 -122). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Whereas, on February 27, 2001, the City approved Use Permit No. 3679 and a Negative Declaration, prepared pursuant to the California Environmental Quality Act, allowing the construction of the Newport Technology Center at the property located at 500 -540 Superior Avenue. The Use Permit set the height limit for two new buildings at 50 feet. The Use Permit did not address the fact that the proposed development would exceed the maximum allowable building bulk. Whereas, an application was filed by the New Superior Group, LLC requesting approval of an amendment to Use Permit No. 3679 and Traffic Study No. 2003 -001 to change the range of allowable uses that can occupy the Newport Technology Center. Specifically, the application requests the ability to lease 50% of the development for office uses and 50% of the uses for research and development uses. The proposed amendment also includes the consideration to permit the existing development to exceed the maximum allowable building bulk. Whereas, the project site is designated General Industry by the Land Use Element of the General Plan and is zoned M-1 -A by the Zoning Ordinance. Whereas, a public hearing was held on May 6, 2004, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at the aforesaid meeting. Whereas, The Planning Commission finds as follows: a) A traffic study entitled, "City of Newport Beach, Newport Technology Center Traffic Impact Analysis dated February 19, 2004" was prepared by Kunzman Associates for the project in compliance with Chapter 15.40 of the Municipal Code (Traffic Phasing Ordinance). b) The traffic study indicates that the project will increase traffic on four primary intersections by one percent (1 %) or more during Peak Hour periods one year after the completion of the project. Planning Commission Resolution No. 1631 Page 2 of 5 C) Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the Traffic Phasing Ordinance, the traffic study determined that the four primary intersections identified will operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance, and no mitigation is required. d) The traffic study also performed a cumulative traffic analysis. Reasonably foreseeable projects and approved projects that are not included in the committed project list were added to project related traffic and evaluated. The conclusion of this analysis also indicates that there will be a less than significant impact to traffic circulation and that no mitigation is required. e) Supplemental traffic analysis for three intersections in Costa Mesa Newport Boulevard /19th Street, Newport Boulevard /17th Street and Superior Avenue /17 h Street) was conducted and show that they will operate at acceptable levels of service during both the AM and PM peak hour periods. f) Based on the weight of the evidence in the administrative record, including the traffic study the implementation of the proposed mix of uses will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection. g) Office uses at the project site are consistent the General Industry land use category of the General Plan and office uses are not required to be accessory or ancillary to industrial uses. In addition, office uses are consistent with Section 20.20.020 (Industrial Districts: Land Use Regulations) and are not limited to be accessory or ancillary to industrial uses. The maximum amount of office uses at the project site must be reduced from 50% to 43% with the balance devoted to industrial uses to ensure compliance with the intensity limit established by the Land Use Element of the General Plan as implemented through Section 20.63.040 (Land Use Intensities) of the Municipal Code. h) Condition Nos. 35 and 37 applicable to Use Permit No. 3679 must be amended to implement office uses at the site as they limit office uses in a manner inconsistent with this approval and the Zoning Code. i) The increased building bulk, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area since the buildings are separated from development in the area by streets, parking areas and open space provided. The scale and bulk of the buildings was considered when the City approved the increased height of the buildings in 2001. At that time, the bulk and height of the buildings with the presence of the parking structure were considered acceptable and not an abrupt scale change even in the light of the proximity of the structures to Superior Avenue (15 feet). Mature trees were installed that helps break up the building mass from Superior Avenue. Planning Commission Resolution No. 1631 Page 3 of 5 j) The proposed use and structures, including above grade covered parking, are compatible with the surrounding area. The use of the site for office and industrial uses is consistent with the General Industrial Land Use Designation of the General Plan and is compatible with the adjacent municipal yard. The use and buildings are separated from nearby residential and institutional uses by abutting streets, parking areas and open space areas provided within the project. The buildings provide both vertical and horizontal elements that help to break up the visual mass of the site. k) The increased building bulk, including above grade covered parking, will not result in significant impairment of public views since no significant or scenic public views exist through the site. 1) The site is physically suitable for the development constructed, including above grade covered parking, taking into consideration the site characteristics. The site is flat and adequately served by adjacent roadways and utilities. The site is large enough such that adequate parking is available for the proposed mix of uses. m) A Mitigated Negative Declaration for the construction of the Newport Technology Center was adopted in 2001. All significant environmental concerns were addressed in the previously certified Mitigated Negative Declaration. The proposed project only changes the mix of uses and no physical changes to the site are part of this request. The analysis shows that no project related traffic impacts to area intersections will result either in the short term as well as considering reasonable foreseeable projects not yet approved. No new potential environmental impacts have been identified or made worst, therefore, the previous environmental document adequate for compliance with the California Environmental Quality Act and that no further environmental analysis is required. NOW, THEREFORE, BE IT RESOLVED Section 1. The Planning Commission hereby approves an amendment to Use Permit No. 3679 and Traffic Study No. 2003 -001, subject to the Conditions adopted by minute order on January 18, 2001 by the Planning Commission and affirmed by the City Council on February 27, 2001 with the new and amended conditions set forth in Exhibit "A" attached. Planning Commission Resolution No. 1631 Page 4 of 5 Section 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 or this action is call for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 6' DAY OF MAY, 2004. AYES: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker NOES: None ABSENT: None BY: Earl McDaniel, Chairman BY: Micha oerge, Secretary Planning Commission Resolution No. 1631 Page 5 of 5 EXHIBIT "A" AMENDED CONDITIONS OF APPROVAL Use Permit No. 3679 35. The project site may be occupied by no more than 43% (178,661 gross square feet) of commercial office uses except medical or dental office or clinics with the remainder occupied with industrial uses. The Planning Director shall review all building plans, future tenant improvement plans and /or business plans for all prospective tenants proposed to be classified as research and development uses to make a finding that the tenant occupancy is a use that is consistent with Section 20.20.20 of the Newport Beach Municipal Code, and as further defined in Section 20.05.060 (B), (D), and (F). 37. The industrial portion of the facility shall be limited to a maximum of 1120 employees on site at any one time. 38. The applicant shall plan vines on the chain link fence facing residential properties. The planting location and species shall be subject to the review and approval of the Planning Director. CONDITIONS OF APPROVAL Traffic Study No. 2003 -001 1. The occupancy of the Newport Technology Center located at 500 -540 Superior Avenue may be occupied by no more than 43% commercial office uses with the exception of any medical or dental offices or clinics. The remainder of the development shall be occupied by industrial uses as defined by Chapter 20.05. 2. Traffic Study No. 2003 -001 shall expire unless exercised within 24 months from the date of approval pursuant to Section 15.40.035 of the Newport Beach Municipal Code. This approval shall be deemed exercised by the issuance of a building permit to construct interior tenant improvements for general office uses.