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HomeMy WebLinkAbout1735 - APPROVE UP,TS, AND NP, AND ADOPT MND_20372 BIRCH STREET.RESOLUTION NO. 1735 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING NEGATIVE DECLARATION NO. 2007- 005 (SCH NO. 2007 - 071158) AND APPROVING USE PERMIT NO. 2006- 039, TRAFFIC STUDY NO. 2006 -003 AND TENTATIVE PARCEL MAP NO. 2007 -002 ON PROPERTY LOCATED AT 20372 BIRCH STREET (PA2006 -280) WHEREAS, an application was filed by Newport Executive Court, LLC with respect to property located at 20372 Birch Street, and legally described as Lots 99, 125, 126, and 127 of Book, Page 25 of Miscellaneous Maps, requesting approval of a use permit to allow the construction of four, two -story medical office buildings totaling approximately 64,973 square feet of floor area; a traffic study pursuant to the Traffic Phasing Ordinance (TPO); and tentative parcel map for a 4- parcel consolidation. WHEREAS, on October 18, 2007, the Planning Commission held a noticed hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California at which time the project application was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing; and WHEREAS, a use permit for the proposed medical office development has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: 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: Medical offices are permitted in the Business Park (BP) District of the Santa Ana Heights Specific Plan subject to the approval of a use permit. The proposed location of the office use and the conditions under which it would be operated and maintained are consistent with the purpose and intent of the Business Park District and consequently compliant with the findings for a use permit. 2. Finding: 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: The proposed project is consistent with the Land Use Element of the General Plan. All development regulations of the BP Zoning District would be met, including building and landscape setbacks, structure height limitations, parking and development limits. The proposed project will not be detrimental to the welfare of persons residing or working in or adjacent to the City of Newport Beach Planning Commission Resolution No. 1735 Paae 2 of 12 neighborhood of the business park. The proposed project will be of similar nature to the surrounding business park uses, thereby complementary to the surrounding neighborhood as envisioned in the Santa Ana Heights Specific Plan. The project is designed to be compatible with the adjacent residential properties along the south and east property lines by providing greater building setbacks and landscaping, and decorative block walls. No other sensitive land uses (e.g. schools, hospitals, etc.) are in the immediate vicinity. 3. Finding: 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: The proposed development and the proposed conditions, under which it would be developed and maintained, are consistent with the General Plan and the purpose of the district in which the site is located. As indicated in the previous sections, the project complies with all applicable development standards and is generally consistent with the design guidelines with the Santa Ana Heights Specific Plan WHEREAS, Pursuant to Section 19.12.070 of the City Subdivision Code, certain findings and facts in support of such findings shall be made for approval of a Tentative Parcel Map. Such findings and facts of support are as follows: 1. Finding: That the proposed map and the design or improvements of the subdivision are consistent with General Plan and any applicable specific plan, and with the applicable provisions of the Subdivision Map Act and the City Subdivision Code. Facts in Support of Finding: The project is consistent with the General Plan and the Santa Ana Heights Specific Plan. The Public Works Department has reviewed the proposed parcel map for lot consolidation and has concluded that it is consistent with the Subdivision Code. Conditions of approval will also be included to ensure compliance. 2. Finding: That the site is physically suitable for the type and density of development. Facts in Support of Finding: The subject site is not within a zone deemed to be subject to seismically induced liquefaction potential based upon the geotechnical report. The project complies with the maximum floor area ratio (FAR) of 0.5. There is a minor change in topography between the subject property and the adjacent properties. This change has been incorporated in the design of the project. The site is suitable for the type and density of development proposed in that the infrastructure serving the site and surrounding area has been designed and developed to accommodate the proposed project. City of Newport Beach Planning Commission Resolution No. 1735 Paqe 3 of 12 3. Finding: That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat; however, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: A mitigated negative declaration has been prepared for the project. It concludes that the project will have a less than significant impact to the environment with mitigation measures and no cumulative impacts have been identified. The site is developed in a highly urbanized area and no significant natural resources exist in the area of the project site. 4. Finding: That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: No evidence is known to exist that would indicate that the proposed development will generate any serious public health problems. All mitigation measures will be implemented as outlined in the mitigated negative declaration to ensure the protection of the public health. 5. Finding: That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: No public easements for access through, or use of, the property have been retained for the use by the public at large. 6. Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: The site is not subject to a Williamson Act contract; therefore, this finding does not apply. City of Newport Beach Planning Commission Resolution No. 1735 Paqe 4 of 12 7. Finding: That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: The project is consistent with the Santa Ana Heights Specific Plan. Medical office use is one of the principal permitted uses subject to the approval of a use permit. 8. Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: Title 24 of the Uniform Building code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department will enforce Title 24 compliance through the plan check and field inspection processes for the proposed development. 9. Finding: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: The proposed project does not create residential units; however, the project does generate jobs. The applicant has projected a figure of approximately 350 employees for the medical office buildings. The City's Housing Element addresses the regional housing needs and its fair share to ensure that job and housing are balanced. 10. Finding: That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: Waste discharge into the existing sewer will be consistent with the commercial use of the property, which does not violate Regional Water Quality Control Board ( RWQCB) requirements. The RWQCB has not provided any comments related to the proposed mitigated negative declaration during the 30 -day review period. The proposal is in compliance with the parcel map standards for lot size, width, depth, and square footage as required by the Municipal Code. The standards specify that lots must be a minimum of 19,800 square feet within the Business Park City of Newport Beach Planning Commission Resolution No. 1735 Page 5 of 12 District of the Santa Ana Heights Specific Plan. The proposed lot consolidation would result in a lot of approximately 133,479 square feet in size. Therefore, the project is consistent with the legislative intent of Chapter 19 of the Municipal Code and the Subdivision Map Act. 11. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: The subject property is not located within the Coastal Zone; therefore, this finding does not apply. WHEREAS, a traffic study has been prepared by Kimley -Horn and Associates under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines, CEQA analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 3,260 new average daily trips, 195 vehicle trips during morning (AM) peak hour and 325 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area intersections; therefore, no improvements are required at these intersections; and WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment from July 27 to August 27, 2006. Comments were received from the Airport Land Use Commission, California Cultural Resource Preservation Alliance, Inc., City of Irvine, Department of Toxic Substance Control, the Irvine Ranch Water District, and Department of Transportation. The contents of the environment document, including comments on the document, have been considered in the various decisions on this project. As result, it has been determined that the MND adequately describes the potential impacts of the project; and WHEREAS, on the basis of the entire draft environmental document, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects 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 are feasible and reduce potential environmental impacts to a less than significant level; and WHEREAS, 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 City of Newport Beach Planning Commission Resolution No. 1735 Paqe 6 of 12 such judicial challenge, and bear the responsibility for any costs, attorney's fees, and damages which may be awarded to a successful challenger; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2006 -039, Traffic Study No. 2006 -003, and Tentative Parcel Map No. 2007 -002, subject to Conditions of Approvals in Exhibit "A" attached hereto and made part hereof. Section 2. The Planning Commission of the City of Newport Beach adopts the Mitigated Negative Declaration No. 20062007 -005 (SCH No. 2007 - 071158), including Mitigation Monitoring and Reporting Program prepared for the project in Exhibit "B" attached hereto and made part hereof. Section 3. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF OCTOBER 2007. * AYES:Eaton, Peotter, Cole Hawkins, Toerge, McDaniel, Hillgren City of Newport Beach Planning Commission Resolution No. 1735 Page 7of12 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -039, TRAFFIC STUDY NO. 2006 -003, AND TENTATIVE PARCEL MAP NO. 2007 -002 Conditions in bold- italics are project specific conditions. All others are standards conditions. Planning Department 1. The development shall be in substantial conformance with the plans stamped received October 10, 2007. 2. The total gross floor area for the entire office development shall not exceed 64,973 square feet 3. A minimum of 326 parking spaces, 222 surface parking spaces and 104 spaces with the parking garage shall be provided at all times. 4. A minimum 6- foot -high, slump -stone block wall shall be constructed along the north, south and east property lines. The block wall footings shall be eccentric ( "L" shaped) where they will not encroach onto the adjacent properties. 5. These approvals shall expire unless exercised within 24 months from the end of the appeal period as specified in Section 20.91.050 of the Newport Beach Municipal Code. 6. Two new trash enclosures shall be constructed for the proposed development All storage of cartons, containers and trash, along with ground mounted mechanical equipment, shall be enclosed by a building or by a wall not less than 6 feet in height. No such structure shall be located within 10 feet of any property line abutting the REQ District if unroofed, no such structure shall be located with 40 feet of any property line abutting the REQ District and no closer than 10 feet from any side property line abutting the BP District. 7. Any change in development characteristics and/or density of the office development, shall require amendment to this use permit or the processing of a new Use Permit. 8. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, City of Newport Beach Planning Commission Resolution No. 1735 Paae8of12 penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the use permit; and/or the City's related California Environmental Quality Act determinations. 9. The applicant shall submit a detailed landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on�site planting areas. These plans shall incorporate the landscape guidelines for Business Park in accordance to Section 20.44.020.0 of the Zoning Code, and the requirement for satellite based or moisture measuring controllers for the irrigation system, and the plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 10. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 11. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. All exterior lighting fixtures shall have zero cut -off fixtures and light standards for the parking lot shall not exceed 20 feet in height. Light standards for exterior walkways shall not exceed 10 feet in height. Other exterior light sources shall be no higher than 4 feet. 12 The proposed development shall be subject to all applicable transportation demand management requirements such as the provisions of carpool parking, bicycle lockers, vanpool accessibility, lockers and showers, etc. The applicant may have the option of deleting or modifying any or all of the site development requirements if equivalent facilities or measures are provided. The applicant shall demonstrate the equivalency of the proposed measures to the satisfaction of the Traffic Engineer prior to the issuance of certificate of occupancy. City of Newport Beach Planning Commission Resolution No. 1735 Page 9 of 12 Public Works Department 13. A construction and parking management plan shall be prepared, reviewed and approved by the Public Works Department, prior to the issuance of building permit. 14. The proposed project shall comply with the City's sight distance standard STD- 110-L. All planting within the limited use area shall be limited to 24 inches in height. All walls or other obstructions shall be limited to 30 inches in height. 15. Parking layout shall be per City standard STD - 805 -L -A and STD - 805 -L -B. Drive aisle adjacent to 90 degree parking stalls shall be 26 -foot wide minimum. 16. The drop -off area shall be designated as one -way. The project shall provide prominent pavement markings and signage to discourage wrong -way travel. 17. Both access points to Birch Street shall be installed with a stop sign. 18. A parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83) and shall include the required variable width dedication for public street and utilities purposes along the Birch Street frontage. 19. Prior to Map recordation, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in the Orange County Subdivision Code and the Orange County Subdivision Manual. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 20. Prior to Map recordation, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in the Orange County Subdivision Code and the Orange County Subdivision Manual. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 21. If it is desired to record the Map or obtain a building permit prior to completion of the public improvements, the applicant will provide the City through the Public Works Department with either a refundable deposit or Materials /Labor /Performance bonds to guarantee satisfactory completion of the required public improvements. City of Newport Beach Planning Commission Resolution No. 1735 Page 10 of 12 22. The City of Newport Beach requires all new development and significant redevelopment projects to prepare and submit a Water Quality Management Plan (WQMP) to the City for review and approval. Prior to issuance of grading or building permits, the project applicant shall have an approved final Project WQMP. The applicant may obtain a copy of the WQMP template document from the website: www.cleanwaternewport.com. 23. All improvements shall be constructed as required by Ordinance and the Public Works Department. Additional public works improvements may be required at the time of private construction completion at the discretion of the Public Works Department. 24. A detailed on -site drainage plan which shall include requirements a) to handle off -site drainage and off -site flow; b) to minimize storm water runoffs to the greatest extent practicable; c) to ensure that the storm runoff that travels down the drive ramp will be discharged in a timely manner so as to prevent the underground garage from being flooded during storm events. The plan shall be submitted, reviewed, and approved by the Building and Public Works Departments. 25. All catch basins shall be installed with full -width antibacterial filters. 26. ADA compliant curb access ramps shall be installed at each of the proposed Birch Street driveway curb returns. Easements for street purposes may need to be recorded as a part of the parcel map to accommodate the required curb ramps. 27. The portion of the proposed southerly perimeter wall foundation system to be constructed over the existing sewer /utility easement shall be designed to support the wall in place and at the same time allow future ground excavation and the installation of underground utilities under the wall. The installation of removable wall sections or gates within the easement limits is highly recommended. The final wall /fencing design shall be reviewed and approved by Public Works Department. 28. All above ground facilities, including signs, light poles and landscaping shall be located outside the sight distance planes per City standard plan STD - 110 -L. 29. All utilities serving the proposed development shall be undergrounded. Building Department 30. 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. City of Newport Beach Planning Commission Resolution No. 1735 Paae 11 of 12 31. Disabled parking shall be required to locate next to each elevator in the parking garage 32 The parking garage shall have a 8 -foot, 2 -inch clearance. 33. All elevator shafts shall maintain the required occupancy separation in the parking garage. All doors to elevator shafts shall be provided with fire and smoke protectors. Fire Department 34. All elevators shall be gurney- accommodating in accordance with Chapter 30 of the California Building Code, 2001 Edition. 35. The buildings shall be provided with fire sprinklers. 36 Public fire hydrant shall be provided within 150 feet and shall be located on the same side as the fire department connection. 37. On -site fire hydrants shall be provided. 38. Fire sprinkler system shall be provided with flow switches and sectional valves for each building and parking structure. 39. Fire sprinkler monitoring system shall be provided separately for each building if separate ownership or managed under an association. 40. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program (Appendix D) of the Initial Study /Mitigated Negative Declaration No. 2007 -005, attached to the Planning Commission Resolution as Exhibit `B ". 41. The applicant shall provide and install six 48 -inch Brisbane Box trees to the adjacent residential property, located at 2141 Mesa Drive, with a cost for the removal and replacement not to exceed $10,000.00. In the event that the Brisbane Box trees are not chosen, the trees to be installed shall be sufficient number and height to provide adequate screening. The agreement by the applicant and the property owner is further described in the letter dated October 18, 2007. 42. A detailed on -site drainage plan including the effects on adjacent private properties shall be submitted, reviewed, and approved by the Building Department prior to the issuance of grading and/or building permit. In the event that the adjacent residential property, located at 2141 Mesa Drive, City of Newport Beach Planning Commission Resolution No. 1735 Paae 12 of 12 drains onto the subject property, proper drainage shall be provided by the applicant to the satisfaction of the Building and Public Works Departments.