HomeMy WebLinkAbout03_Bella Cara Dermatology General Plan Amendment_PA2010-102CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 7, 2010
Agenda Item No. 3
SUBJECT: Bella Cara Dermatology General Plan Amendment
481 -495 Old Newport Boulevard (PA2010 -102)
• General Plan Amendment No. GP2010 -003
• Use Permit No. UP2010 -019
• Lot Merger No. LM2010 -005
APPLICANT: CDO Properties, LLC
PLANNER: Jaime Murillo, Associate Planner
(949) 644 -3209, imurillo(a)-newportbeachca.gov
PROJECT SUMMARY
The applicant is seeking a General Plan Amendment (GPA) to accommodate the
development of a 9,500- square -foot office building containing 4,000 square feet of
medical office space and 5,500 square feet of general office space. The following
applications are requested or required in order to implement the project as presently
designed:
1. An amendment to the Land Use Element of the General Plan to increase the
allowable floor area for the project site from 8,030 square feet (0.5 FAR) to a maximum
development limit of 9,500 square feet (approx. 0.59 FAR).
2. A use permit to allow portions of the building to exceed the 32 -foot base height limit.
3. An 11 -space off - street parking credit commensurate with the number of on- street
parking spaces available along the project frontage.
4. A lot merger to combine three lots and 20 feet of the adjacent abandoned right -of -way
into one parcel.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. (Attachment No. PC1) recommending that the City
Council approve General Plan Amendment No. GP2008 -001, Use Permit No.
UP2010 -019, the 11 -space off- street parking credit, and Lot Merger No. LM 2010-
005, subject to findings and conditions.
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Bella Cara Dermatology GPA
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VICINITY MAP
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LOCATION GENERAL PLAN ZONING CURRENT USE
Old Newport Boulevard Vehicle washing facility, vacant
General Commercial Specific Plan /Retail
ON-SITE Office (CO-G) Service Commercial (SP- buildings, and abandoned cargo
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EAST COG I SP -9IRSC I Office, and public park
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WEST Medical Commercial Controlled Manufacturing Hoag Health Center medical
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INTRODUCTION
Proiect Settin
The 0.37 -acre (16,060 square feet) project site is bounded by Old Newport Boulevard to
the east and Newport Boulevard to the west. The property is triangular in shape,
narrowing substantially at northern portion of site. The site is located on the top of slope
approximately 18 feet above Newport Boulevard. The property consists of three legal
lots and a portion of an abandoned right -of -way adjacent to the three lots. The property
is currently developed with four buildings totaling 4,726 square feet (0.29 FAR
combined). Three of the buildings are currently vacant and are in a state of disrepair.
On -site parking for these buildings is currently fenced off and is utilized for the storage
of cargo containers, vehicles, and boats. The fourth building is occupied by Newport
Auto Detail, a car wash and detailing facility, whose water capture pit partially
encroaches into the public right -of -way. A total of 18 perpendicular parking spaces are
currently available along the project frontage within the Old Newport Boulevard right -of-
way and no sidewalk currently exists.
To the west of the project site, across Newport Boulevard, is the Hoag Health Center
medical office complex and the City's corporate yard. To the north are general office
buildings and the City's boundary with Costa Mesa beyond. To the east are a public
park, and auto repair facility, a day spa, and an office building. To the south are retail
and office buildings.
Project Description
The applicant is proposing to demolish the existing buildings on -site, merge the lots and
portion of abandoned right -of -way into one parcel (Attachment No. PC2 -Lot Merger
Plans), and construct a 9,500- square -foot office building (Attachment No. PC3- Project
Plans). The proposed building would consist of three levels: one level of parking and
two levels of office space above. The first office level (2 "d floor) would contain 6,022
square feet of gross floor area. The second office level (3`d floor) would contain 3,478
square feet of gross floor area. A total of 31 parking spaces are proposed on -site and
would accessible from a single driveway from Old Newport Boulevard. Due to the slope
of the property, the parking level would be partially below grade on the southerly portion
of the property and at grade at the driveway entrance near the northern end of the
property. The southerly portion of the parking area would be. partially covered by the
office levels above. A sidewalk is proposed to be constructed along the project frontage
and the on- street parking within the Old Newport Boulevard right -of -way is proposed to
be reconfigured to City standard specifications as 11 parallel parking spaces.
The building's architecture is of a contemporary design with curvilinear parapet walls
and roof lines. The maximum proposed height of the main building roof, as measured
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Bella Cara Dermatology GPA
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from existing grade, is 35 feet 8 inches to the top of the wave - shaped roof. A decorative
sail feature is proposed, which measure 36 feet 10 inches above existing grade.
To accommodate the applicant's medical practice, 4,000 square feet of floor area is
proposed to be utilized for medical office use and the remaining 5,500 square feet of
floor area would be limited for general office use only.
Background
The applicant acquired the property in 2008 and has received a building permit in
February of 2010, to construct an .8,023- square -foot (0.5 FAR) medical office building.
The building is of similar design as the subject proposal, with the exception of a smaller
3`d level (2,001 square feet) and roof lines that comply with the height limit. An 11 -space
off - street parking credit was granted by the Planning Director as allowed by the Zoning
Code, commensurate with the number of available parking spaces along the Old
Newport Boulevard frontage.
Unfortunately, due to the current economic conditions, the applicant has been unable to
secure financing to construct the permitted version of the project. The applicant claims
that their lenders are unwilling to finance the construction of the project due to the high
construction costs. The applicant claims that with the additional 1,477 square feet of
floor area, the value of the project increases sufficiently to enable the lenders to finance
the project. Therefore, the applicant has submitted this subject application request.
DISCUSSION
General Plan
The inability to acquire financing is not typically justification to support a GPA request
for additional entitlement; however, in this case the property is severely constrained due
to the shape of the lot. According to the applicant, the shape of the lot not only creates
design constraints with the parking layout, but increase the cost of construction
significantly because structural columns cannot be uniformly spaced (i.e., typical
rectangular building), requiring a structural steel frame that utilizes angular moment
connections. In addition, the soils report indicates that the existing soils of the site are
comprised of loose fill, which cannot bear the weight of the building. Per the
recommendations of the soils report, excavation of 10 feet of soil is required and infill
with better soil and recompaction is required. Also, because of the slope of the
property, construction of a retaining wall is required to level the building pad and to
support the foundation of the adjacent building to the south. The applicant states that
the construction cost of a similar sized building on a rectangular and level lot, with soils
of adequate bearing capacity, would cost 30 percent less (PC4- Construction Cost
Letter).
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General Plan Policies
The project site is located within the Old Newport Boulevard commercial corridor. The
Land Use Element of the General Plan designates the site General Commercial Office
(CO -G) with a maximum allowable development limit of 0.5 FAR. The CO -G designation
is intended to provide for administrative, professional, and medical offices with limited
accessory retail and service uses. The proposed office building would be consistent
with this designation; however, the applicant is requesting to increase the allowable
development limit from 8,023 square feet (0.5 FAR) to a maximum development limit of
9,500 square feet (approx. 0.59 FAR).
The General Plan includes several goals and policies related to development in the City
and indicates that, with the completion of Newport Boulevard as the primary entry into
the City, vehicular trips have shifted away from Old Newport Boulevard. This results in a
reduction in the corridor's economic vitality, which has significantly changed the land
use mix in the area. Therefore, the General Plan includes a specific goal and several
policies pertaining to development in the Old Newport Boulevard corridor area. In the
Old Newport Boulevard area, the General Plan provides for the development of
professional offices, retail, and other uses that support Hoag Hospital, and retail uses
serving the adjoining residential neighborhoods. A complete consistency analysis of
each of the applicable General Plan policies has been completed and attached as
Attachment PC No. 5) and concludes that the project is consistent with each of the
adopted goals and policies.
In considering the proposed GPA to increase the development intensity of the project
site, the Planning Commission should specifically consider the following Land Use
Element policy:
LU 3.2 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 densitylintensity 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 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. (Imp 1. 1, 2.1, 5.1, 10.2, 16.2, 16.3, 17.1, 18.1, 19.1, 22. 1,
23.1, 23.2)
As previously stated, the applicant asserts that lenders will not provide financing needed
to construct a building approved at the permitted 0.5 FAR limit due to the high
construction costs associated with the property. If this is the case, the proposed GPA
for increased intensity could be considered consistent with LU 3.2 as follows:
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Bella Cara Dermatology GPA
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• The General Plan recognizes the Old Newport Boulevard corridor as an area that
has experienced reduced economic vitality.
• The increased intensity would provide an economic stimulus needed to
accommodate the redevelopment of three separate, nonconforming and
underperforming properties into one medical /general office building.
• As stated in the General Plan, Newport Beach residents desire high quality
development and redevelopment of underperforming, nonconforming properties.
• Redevelopment of the subject property may help revitalize the corridor and
encourage redevelopment of other underperforming properties within the Old
Newport Boulevard corridor.
• The project site is served by existing infrastructure and public services. The
proposed increase in intensity will not necessitate any expansion of existing
infrastructure.
• The project is forecast to generate 206 new average daily trips (ADT), which is
below the initial screening threshold of the City's Traffic Phasing Ordinance
(TPO). Projects that generate less than 300 ADT are exempt from having to
prepare a traffic study per the TPO as they are not expected to impact the
acceptable levels of service for traffic in the area.
It should also be noted that prior to the 2006 comprehensive update to the City's
General Plan, the 1988 Land Use Element permitted a maximum FAR of 0.75 for
commercial uses located within the Old Newport Boulevard corridor area, provided
existing lots are consolidated into a single development site. The lot consolidation
incentive was provided as a method of encouraging the redevelopment and upgrading
of Old Newport Boulevard as a commercial district with retail sales and office
opportunities. When the 2006 comprehensive update to the General Plan was adopted,
the provisions for increased FAR limitations with lot consolidation were eliminated from
the Old Newport Boulevard corridor area of the General Plan. Although no longer
applicable, this GPA request is consistent with the previous maximum permitted. FAR
allowed under the 1988 Land Use Element and implements the long- standing goal of
redevelopment for the area.
Staff supports the proposed GPA for the increased intensity as the property is
significantly dilapidated, and it's irregular shape, relatively shallow lot depth, and poor
soil conditions has proven to be a constraint to redeveloping the property. The GPA
request could provide the economic stimulus needed to accommodate redevelopment
of this property that is highly visible from Newport Boulevard and fronts a major entry
corridor into the City.
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Bella Cara Dermatology GPA
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General Plan Changes — Table LU2
As indicated above, the primary benefit of approving the proposed GPA would be the
resulting redevelopment and consolidation of three separate properties into one unified
development. Amendments to the General Plan are legislative, and as such, conditions
of approval may not be imposed on the GPA requiring that the merger of parcels
actually occur. Therefore, should this proposed GPA be approved, staff is
recommending that a new anomaly (Anomaly No. 79) be created within the Land Use
Element that limits the project site to a 0.5 FAR, but which includes provisions for a
maximum development limit of 9,500 square feet, provided all three legal lots and
portion of abandoned right -of -way adjacent to the lots are consolidated into one parcel
to provided unified site design. See Attachment No. PC6 for draft changes to Land Use
Element.
Charter Section 423 (Measure S)
Charter Section 423 requires voter approval of any major General Plan amendment to
the General Plan. A major General Plan amendment is one that significantly increases
allowed density or intensity by 40,000 square feet of non - residential floor area, or
increases traffic by more than 100 peak hour vehicle trips, or increases residential
dwelling units by 100 units. These thresholds apply to the total of increases resulting
from the amendment itself, plus 80 percent of the increases resulting from prior
amendments affecting the same neighborhood (defined as a Statistical Area as shown
in the General Plan Land Use Element) and adopted within the preceding ten years.
The project site for which the General Plan amendment is proposed is located within
Statistical Area H1 of the General Plan Land Use Element, and would result in an
increase of 1,470 square feet of non - residential floor area. Based on the trip generation
rates contained in the Council Policy A -18 (blended commercial rate), the proposed
project is forecast to generate an additional 4 a.m. peak hour trips and 6 p.m. peak hour
trips.
There has been one prior amendment approved within Statistical Area H1 since
adoption of the 2006 General Plan (GP2008 -001), which was adopted on March 9,
2010. Table 1 below shows the area and peak hour trips analysis for the prior
amendment and the proposed project:
' r_o�" "' "'° nc nn� " " "' ° "` ( 10,290 sq.ft. (80 %) 30.87 a.m. trips (80 %) 41.16 a.m. trips (80 %)
n
Proposed 1 1,470sq.ft. (100 %) 4.41 a.m. trips 100% 5.88 p.m. trips (100 %)
Total 1 11,760 sq.n. i _35.28 a.m. trips I _ 47.04 p.m. trips I
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Bella Cara Dermatology GPA
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The proposed GPA does not create any new dwelling units and as indicated in the
above table, the proposed General Plan amendment does not exceed the non-
residential floor area threshold, and does not exceed the peak hour vehicle trips
threshold. Therefore, none of the three thresholds that require a vote pursuant to
Charter Section 423 are exceeded. If the proposed General Plan amendment is
approved by City Council, the amendment will become a prior amendment and 80
percent of the increases will be tracked for ten years for any proposed future
amendments.
Zoning & Site Desiqn
Zoning Compliance
The project is located within the Retail, Service & Commercial (RSC) land use
designation of the Old Newport Boulevard Specific Plan (SP -9) District. The purpose of
the Specific Plan is to establish policies to guide the orderly development and
improvement of the Old Newport Boulevard area. Goals of the Specific Plan include:
enhancing the appearance, access, and identifying the area as one of the primary entry
points into the City; encouraging the redevelopment and upgrading of Old Newport
Boulevard as a commercial district with retail sales and office opportunities; establishing
guidelines and standards for new development, public improvements, and landscaping
that will encourage harmonious transitions and minimize conflicts between different land
uses; and improving access, viability, and parking in order to encourage visitor traffic
and increase business activity within the district. The Specific Plan also implements the
development incentives for lot consolidation of the 1988 Land Use Element, which are
no longer applicable.
Redevelopment of the project site as a professional office /medical building is consistent
with, and encouraged by, the Specific Plan. The project complies with the basic SP-
9lRSC development standards related to lot size, setbacks, landscaping, building bulk,
and parking. However, portions of the building roof and decorative wall and sail
features exceed the base height limit. The following table provides a summary of the
project's compliance with applicable development standards:
-_ —
s_; .#te 2 Zmiin'z.?Lrtiate
Aerr La lme t
"�
u ire
Manctards-
Lot Size
5,000 s uare feet min.
16,060 square feet (requires a lot merger)
Setbacks
Front
0
0 at first level; setbacks increase at upper
levels up to 18'9"
Side
0
0 first level; increases to 5'5 "" at upper levels
(south)
Rear
0
0 at first level; setbacks increase at upper
levels up to 20'4"
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Bella Cara Dermatology GPA
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Pape 9
Use Permit for Increased Height
The project site is located in the 32/50 -foot Height Limitation Zone, which permits
buildings and structures to exceed the 32 -foot base height limit, up to the maximum
height limit of 50 feet, through the approval of a use permit. Ridges of pitched roofs are
permitted to exceed the height limit by 5 additional feet, so long as the average roof
height does not exceed the height limit.
The project is proposed to exceed the 32 -foot base height limit by having an average
roof height of 33 -feet 10- inches. The peak height of the building is approximately 35 feet 8
inches, which is below the maximum ridge height permitted by Code. In addition, the
applicant is proposing to exceed the base height limit with a decorative parapet wall
adjacent to the 3`d level deck (32 feet 10 '/2 inches high) and a decorative sail feature
(36 feet 10 inches high).
.�-
,3tandard�
Main building:
Midpoint- 33 feet 10 inches
32 feet for flat roofs, midpoint of
Ridge- 35 feet 8 inches
sloping roofs, or parapet walls
Decorative parapet wall- 32 feet 10
Height
inches
37 feet to ridge of sloping roofs
(requires use permit)
Decorative sail feature: 36 feet 10 inches
(requires use permit)
0.75 or 12,045 square feet max.
10,498 square feet (approx. 0.65)
Building Bulk
(approx. 0.84 or 13,590 square feet
permitted if GPA approved)
42 spaces total
42 spaces total
Medical: 1 space /200 square feet
Parking
General office: 1 space /250 square
31 spaces off - street
feet
11 spaces on- street (requires approval of
parking credit)
1. 8% of site (1,285 sf total);
2. 1 tree /50' of frontage (8
1. 2,648 sf total (16.5 %)
trees req'd)
2. 8 trees provided
Landscaping
3. Trees shall be planted
within 5' of front or side PL
3. Complies
4. 3' wide perimeter planting
4. 3 to 4 feet provided
b/t exterior parking and
public street
Use Permit for Increased Height
The project site is located in the 32/50 -foot Height Limitation Zone, which permits
buildings and structures to exceed the 32 -foot base height limit, up to the maximum
height limit of 50 feet, through the approval of a use permit. Ridges of pitched roofs are
permitted to exceed the height limit by 5 additional feet, so long as the average roof
height does not exceed the height limit.
The project is proposed to exceed the 32 -foot base height limit by having an average
roof height of 33 -feet 10- inches. The peak height of the building is approximately 35 feet 8
inches, which is below the maximum ridge height permitted by Code. In addition, the
applicant is proposing to exceed the base height limit with a decorative parapet wall
adjacent to the 3`d level deck (32 feet 10 '/2 inches high) and a decorative sail feature
(36 feet 10 inches high).
Bella Cara Dermatology GPA
October 7, 2010
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Per Section 20.65.055 of the Zoning Code, the Planning Commission is required to
make the following findings in order to approve a use permit to exceed the base height
limit:
1. The increased building height would result in more public visual open space and
views than is required by the basic height limit in any zone. Particular attention
shall be given to the location of the structure on the lot, the percentage of ground
cover, and the treatment of all setback and open areas.
2. The increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character of
the area than is required by the basic height limit in any zone.
3. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments or
public spaces. Particular attention shall be given to the total bulk of the structure
including both horizontal and vertical dimensions.
4. The structure shall have no more floor area than could have been achieved
without the use permit.
The triangular shape of the lot renders the northern and most narrow portion of the
property unsuitable for building floor area or parking. As such, the narrow portion of the
site has been proposed to be a landscaped as an open space area. A total of 16.5
percent of the site is proposed to be landscaped, double the minimum percentage
required. The resulting lot coverage equates to 57 percent of the property.
The building's architecture is of contemporary design with a nautical /ocean type theme.
The wave- shaped roof, curvilinear parapet walls, and decorative sail feature add visual
interest to the design of the building and would enhance the character of the site. To
minimize the massing and scale of the building as viewed from Old Newport Boulevard
and Newport Boulevard, the proposed design includes step backs at each of the office
levels, concentrating the massing towards the interior of the property.
The project only exceeds the 32 -foot average roof height limitation by 1 -foot 8- inches
and complies with the 37 -foot maximum peak height limitation for the area. Therefore,
when comparing this project to other newly constructed buildings that maximize the
height, such as the newer two -story and three -story buildings along Old Newport
Boulevard, there should be no visible or abrupt difference is height. The property
located immediately to the south is an older one -story structure located on the shared
property line; however, the curved roof lines visually help to minimize the bulk of the
building by gradually lowering the roof height to the side property line. The 2 "d and 3`d
level of the building are also setback 5 feet 5 inches from the side property line, allowing
more light and air to the adjacent property.
Bella Cara Dermatology GPA
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The project architect has conceptually designed an alternative plan that would fully
comply with the height limit and achieve the same floor area as the proposed design
(see Sheet A002 of project plans). As illustrated on the plans, the additional floor area
could be located on the 2nd level of the building; however, due to the triangular shape of
the lot, the resulting office space would be an undesirable width for leasing purposes.
This design would also significantly increase the lot coverage of the property and
reduce the amount of visual open space that would be afforded across the property
frontage.
The decorative parapet wall and sail are architectural features that will not negatively
impact views or the amount of open space provided on the site, but merely complement
the architecture style of the building.
Staff believes sufficient facts exist in support of these findings and has included such
facts in attached draft resolution.
Parking Credit
Based on the Zoning Code parking requirements, a total of 42 parking spaces are required
for the project as proposed based on the following formulas:
42
The project proposes a total of 31 parking spaces on -site. The applicant is seeking an
off - street parking credit for the remaining 11 spaces. Pursuant to Section 20.46.040.E of
the Old Newport Boulevard Specific Plan, developments which maintain a 50 -foot (full
height curb) separation between driveway approaches on Old Newport Boulevard may
be granted an off - street parking credit commensurate with the number of on- street
parking spaces that are available along that frontage. This parking credit is offered as
an incentive for lot consolidation to provide unified site design.
The project as proposed maintains a separation greater than 200 feet between driveway
approaches. A total of 18 perpendicular parking spaces are currently available along the
project frontage within the Old Newport Boulevard right -of -way. The applicant is
required to construct a sidewalk along the project frontage and reconfigure the on- street
parking spaces to City standard specifications which will result in a total of 11 on- street
spaces remaining available.
The granting of an off - street parking credit is discretionary; however, the Specific Plan
does not provide any findings which must be made. In this case, staff believes that
lV,
Bella Cara Dermatology GPA
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allowing the parking credit enables the consolidation of the three lots into one unified
site and the redevelopment of a prominent property that frames the entry into the City.
Lot Merger
The property consists of three legal lots and a portion of an abandoned right -of -way
adjacent to the three lots, which the applicant is proposing to consolidate into one
unified site. Pursuant to Section 19.68.030 of the Municipal Code, mergers of
continuous lots involving four or fewer parcels under one ownership are authorized with
the approval of a lot merger. The following findings are required to be made prior to
approving a lot merger:
A. Approval of the merger will not, under the circumstances of this particular case,
be detrimental to the health, safety, peace, comfort and general welfare of
persons residing or working in the neighborhood of such proposed use or be
detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City, and further that the proposed lot merger is consistent
with the legislative intent of Title 19.
B. The lots to be merged are under common fee ownership at the time of the
merger.
C. The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations
relating to the subject property including, but not limited to, the General Plan and
any applicable Coastal Plan or Specific Plan.
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access
as a result of the merger.
E. The lots as merged will be consistent with the surrounding pattern of
development and will not create an excessively large lot that is not compatible
with the surrounding development.
The existing lots and portion of the abandoned right -of -way are currently held in
common ownership by CDO Properties, LLC. The lot merger will be consistent with the
applicable SP -9 /RSC district regulations and other regulations relating to the subject
property. The resulting parcel will be 16,060 square feet in area, exceeding the
minimum lot area requirements of 2,375 square feet, and no setback nonconformities
would be directly created by the proposed merger. Neither the merged parcel nor the
adjoining parcel will be deprived of legal access as a result of the merger as vehicular
access to and from Old Newport Boulevard will remain unchanged.
The Old Newport Boulevard commercial corridor area consists of lots of varying size.
Many properties have been merged allowing for redevelopment of properties previously
developed as a seperate sites. The proposed lot merger would remove the lot lines on the
y
Bella Cara Dermatology GPA
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subject property to permit the redevelopment of the lots as a single, unified site, and
would not result in a development pattern, which is inconsistent with the existing
development on Old Newport Boulevard.
Staff believes sufficient facts exist in support of these findings and has included such
facts in attached draft resolution.
Environmental Review
The project is categorically exempt under Section 15303, of the California
Environmental Quality Act (CEQA) Guidelines — New Construction or Conversion of
Small Structures. In urbanized areas, this exemption permits the construction of a new
commercial building not exceeding 10,000 square feet in floor area on sites zoned for
such use, not involving the use of significant amounts of hazardous substances, where
all necessary public services and facilities area available, and the surrounding area is
not environmentally sensitive. The project as proposed meets the terms of this
exemption.
Summary
Staff supports the proposed GPA for the increased intensity as the property is
significantly dilapidated and it's irregular shape, poor soils conditions, and related high
construction costs has proven to be a constraint to redeveloping the property. In
addition to contributing to blight within the Old Newport Boulevard commercial corridor,
the property is highly visible from Newport Boulevard and is one of the first properties
visible as visitors enter the City. Approval of the GPA request should provide the
economic stimulus needed to accommodate redevelopment of this property and will
enhance the appearance of this primary entry point into the City. Staff believes the
proposed General Plan amendment does not conflict with the goals and policies of the
General Plan, and the proposed project can be found consistent with the General Plan.
The proposed project does not exceed any of the thresholds established by Charter
Section 423 that would require a vote of the electorate.
The use permit request for the height increase is nominal, and when compared to other
newly constructed buildings that maximize the height, such as the newer two -story and
three -story buildings along Old Newport Boulevard, there should be no visible or abrupt
difference height. The wave- shaped roof, curvilinear parapet walls, and decorative sail
feature add visual interest to the design of the building and would enhance the
character of the area.
Alternatives
Should the Planning Commission conclude that the project as proposed would not be
compatible with the surrounding uses and /or that any increased intensity request is
inappropriate, the project should be denied, or modified to address the issues of
Bella Cara Dermatology GPA
October 7, 2010
Page 14
concern. If a redesigned project is advisable, staff recommends a continuance to allow
the applicant to revise their plans accordingly should this course of action be sought.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property (excluding roads and waterways) and posted at the site a
minimum of 10 days in advance of this hearing consistent with the Municipal Code. The
item also appeared upon the agenda for this meeting, which was posted at City Hall and
on the city website.
Prepared by:
Submitted by:
Jaime Murillo, Associate Planner es C. Campbell, Acting Planning
Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Lot Merger Plan
PC 3 Project Plans
PC 4 Construction
PC 5 General Plan
PC 6 General Plan
Cost Letter
Consistency Analysis
Changes — Table LU2
Attachment No. PC 1
Draft Resolution With Findings and
Conditions
/g
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF
GENERAL PLAN AMENDMENT NO. GP2010 -003 WITH A
MAXIMUM DEVELOPMENT LIMIT OF 9,500 SQUARE FEET,
APPROVAL OF USE PERMIT NO. UP20010 -019, LOT MERGER
NO. LM2010 -005, AND THE REQUESTED OFF - STREET
PARKING CREDIT FOR A PROFESSIONAL OFFICE PROJECT
LOCATED AT 481 -495 OLD NEWPORT BOULEVARD (PA2010-
102)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by CDO Properties, LLC, with respect to properties located at
481 -495 Old Newport Boulevard, and legally described as Lots 1, 2, and 3, of Block 9,
Tract 27 together with the southeast half of the 40 -foot abandoned right -of -way adjacent
to lots 1, 2, and 3 in Block 9, Tract 27, requesting a General Plan Amendment (GPA) to
accommodate the development of a 9,500- square -foot office building containing 4,000
square feet of medical office space and 5,500 square feet of general office space. The
following applications are requested or required in order to implement the project as
proposed:
a. An amendment to the Land Use Element of the General Plan to increase the
allowable floor area for the project site from 8,030 square feet (0.5 FAR) to a
maximum development limit of 9,500 square feet (approx. 0.59 FAR).
b. A use permit to allow portions of the building to exceed the 32 -foot base height
limit.
C. An 11 -space off - street parking credit commensurate with the number of on- street
parking spaces available along the project frontage.
d. A lot merger to combine three lots and 20 feet of the adjacent abandoned right -of-
way into one parcel.
2. The subject property is located within the Old Newport Boulevard Specific Plan (SP -9);
Retail Service Commercial (RSC) Zoning District and the General Plan Land Use
Element category is General Commercial Office (CO -G).
3. The subject property is not located within the coastal zone.
4. A public hearing was held by the Planning Commission on October 7, 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
Planning Commission Resolution No. _
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Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Class 3 (New Construction or Conversion of Small
Structures). In urbanized areas, this exemption permits the construction of a new commercial
building not exceeding 10,000 square feet in floor area on sites zoned for such use, not
involving the use of significant amounts of hazardous substances, where all necessary public
services and facilities area available, and the surrounding area is not environmentally
sensitive. The project as proposed meets the terms of this exemption.
SECTION 3. REQUIRED FINDINGS.
1. The project site is located within the Old Newport Boulevard commercial corridor. The
Land Use Element of the General Plan designates the site General Commercial Office
(CO -G), which is intended to provide for administrative, professional, and medical
offices with limited accessory retail and service uses. The proposed office building
would be consistent with this designation.
2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods,
districts, and corridors, by allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. The policy states that 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 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 proposed GPA for increased intensity is consistent with General Plan Policy LU
3.2 as follows:
a. The General Plan recognizes the Old Newport Boulevard corridor as an area
that has experienced reduced economic vitality.
b. The increased intensity would provide an economic stimulus needed to
accommodate the redevelopment of three separate, nonconforming and
underperforming properties into one medical /general office building.
c. As stated in the General Plan, Newport Beach residents desire high quality
development and redevelopment of underperforming, nonconforming
properties.
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d. Redevelopment of the subject property may help revitalize the corridor and
encourage redevelopment of other underperforming properties within the Old
Newport Boulevard corridor.
e. The project site is served by existing infrastructure and public services. The
proposed increase in intensity will not necessitate any expansion of existing
infrastructure.
f. The project is forecast to generate 206 new average daily trips (ADT), which is
below the initial screening threshold of the City's Traffic Phasing Ordinance
(TPO). Projects that generate less than 300 ADT are exempt from having to
prepare a traffic study per the TPO as they are not expected to impact the
acceptable levels of service for traffic in the area.
g. The property is significantly dilapidated and it's irregular shape, poor soils
conditions, and related high construction costs has proven to be a constraint to
redeveloping the property. In addition to contributing to blight within the Old
Newport Boulevard commercial corridor, the property is highly visible from
Newport Boulevard and is one of the first properties visible as visitors enter the
City. Approval of the GPA could provide the economic stimulus needed to
accommodate redevelopment of this property and will enhance the appearance
of this major entry point into the City.
3. Charter Section 423 requires that all proposed General Plan Amendments be
reviewed to determine if the square footage (for non - residential projects), peak hour
vehicle trip, or dwelling units thresholds would be exceeded as the means to
determine whether a vote by the electorate would be required to approve the General
Plan Amendment. Pursuant to Council Policy A -18, voter approval is not required as
the proposed General Plan Amendment represents a cumulative increase (including
prior amendments) of 11,760, square feet and an increase of 35.28 a.m. and 47.04
p.m. peak hour trips. Therefore, the project and prior amendments do not cumulatively
exceed Charter Section 423 thresholds as to require a vote of the electorate
4. The project is located in the 32/50 -foot height limitation zone that permits buildings and
structures to exceed the 32 -foot height limit up to a maximum of 50 feet through the
approval of a use permit. Ridges of pitched roofs are permitted to exceed the height
limit by 5 additional feet, so long as the average roof height does not exceed the
height limit. The project is proposed to exceed the 32 -foot base height limit by having
an average roof height of 33 -feet 10- inches. The peak height of the building is
approximately 35 feet 8 inches, which is below the maximum ridge height permitted by
code. In addition, the applicant is proposing to exceed the base height limit with a
decorative parapet wall adjacent to the 3`d level deck (32 feet 10 '/ inches high) and a
decorative sail feature (36 feet 10 inches high). In accordance with Section 20.65.055
of the Newport Beach Municipal Code, the following findings and facts in support of
such findings are set forth:
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Finding:
A. The increased building height would result in more public visual open space and
views than is required by the basic height limit in any zone. Particular attention
shall be given to the location of the structure on the lot, the percentage of ground
cover, and the treatment of all setback and open areas.
Facts in Support of Finding:
A -1. No public views or view corridors exist across or adjacent to the subject
property. The project site has relatively long frontages on Old Newport
Boulevard and Newport Boulevard (approx. 300 feet); however, the project
been designed to focus the building bulk on the southerly, less constrained
portion of the site, leaving the northerly half of the project frontage as open and
uncovered.
A -2. The triangular shape of the lot renders the northern and most narrow portion of
the property unsuitable for building floor area or parking. As such, the narrow
portion of the site has been proposed to be a landscaped as an open space
area. A total of 16.5- percent of the site is proposed to be landscaped, double
the minimum percentage required. The resulting lot coverage equates to 57-
percent of the property.
A -3. The project architect has conceptually designed an alternative plan that would
fully comply with the height limit and achieve the same floor area as the
proposed design; however, the additional floor area would be located on the 2nd
level of the building. Due to the triangular shape of the lot, the resulting office
space would be an undesirable width for leasing purposes. This design would
also significantly increase the lot coverage of the property and reduce the
amount of visual open space that would be afforded across the property
frontage.
A -4. The decorative parapet wall and sail are architectural features that will not
negatively impact views or the amount of open space provided on the site, but
merely complement the architecture style of the building.
Finding:
B. The_ increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character of the
area than is required by the basic height limit in any zone.
Facts in Support of Finding:
B -1. The building's architecture is a contemporary design with a nautical /ocean type
theme. The wave - shaped roof, curvilinear parapet walls, and decorative sail
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feature add visual interest to the design of the building and would enhance the
character of the area.
B -2. An alternative design that maintains the 32 -foot height limit would require the
additional floor area to be located on the 2nd level of the building, significantly
increasing the lot coverage and increasing the massing across the project
frontage.
Finding:
C. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments or
public spaces. Particular attention shall be given to the total bulk of the structure
including both horizontal and vertical dimensions.
Facts in Support of Finding:
C -1. To minimize the massing and scale of the building as viewed from Old Newport
Boulevard and Newport Boulevard, the proposed design includes step backs at
each of the office levels, concentrating the massing towards the interior of the
property.
C -2. The project only exceeds the 32 -foot average roof height limitation by 1 -foot 8-
inches and complies with the 37 -foot maximum peak height limitation for the
area. Therefore, when comparing this project to other newly constructed
buildings that maximize the height, such as the newer two -story and three -story
buildings along Old Newport Boulevard, there should be no visible or abrupt
difference is height. The property located immediately to the south is an older
one -story structure located on the shared property line; however, the curved,
roof lines visually help to minimize the bulk of the building by gradually lowering
the roof height to the side property line. The 2nd and 3d level of the building are
also setback 5 feet 5 inches from the side property line, allowing more light and
air to the adjacent property.
Finding:
D. The structure shall have no more floor area than could have been achieved without
the use permit.
Facts in Support of Finding:
E -1. The proposed structures will have no more floor area than could have been
achieved without requesting the increased height. An additional floor area
could be located on the 2nd level of the building; however, due to the triangular
shape of the lot, the resulting office space would be an unpractical width and
undesirable for leasing purposes. Adding the floor area to the 3`d level enables
more efficient use of space and better layout for the office building.
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5. The project proposes a total of 42 parking spaces, 11 of which are located on- street.
Pursuant to Section 20.46.040.E of the Old Newport Boulevard Specific Plan,
developments which maintain a 50 -foot (full height curb) separation between driveway
approaches on Old Newport Boulevard may be granted an off - street parking credit
equal to the number of on- street parking spaces available along that frontage. The
project as proposed maintains a separation greater than 200 feet between driveway
approaches. Allowing the parking credit is appropriate in this case because it enables
the consolidation of three lots into one unified site and the redevelopment of a
prominent property that frames the entry into the City.
6. The property consists of three legal lots and a portion of an abandoned right -of -way
adjacent to the three lots, which the applicant is proposing to consolidate into one
unified site. Pursuant to Section 19.68.030 of the Municipal Code, mergers of
continuous lots involving four or fewer parcels under one ownership are authorized
with the approval of a lot merger. The following findings and facts in support of such
findings are set forth:
Finding:
A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons
residing or working in the neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood or the general welfare
of the City, and further that the proposed lot merger is consistent with the
legislative intent of Title 19.
Facts in Support of Finding:
A -1. The subject lots are currently developed with several single -story commercial
buildings, which cross the interior property lines of Lots 1, 2, and 3. Per Section
19.04.035 of the Municipal Code (Development Across Property Lines), structures
cannot be constructed across property lines. With the approval of the lot merger
and the demolition of the existing structures, the proposed new office building can
be constructed on the project site in conformance with the Code.
A -2. The project is similar to the development of other properties on Old Newport
Boulevard which have merged smaller lots into larger development sites; these
developments have not been detrimental to the health, safety, peace, comfort or
general welfare of persons residing or working in the neighborhood or injurious
to property and improvements in the neighborhood or the general welfare of the
City.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
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Facts in Support of Finding:
B -1. Lots 1, 2, and 3, Block 9, Tract 27 together with the southeast half of the 40 -foot
abandoned right -of -way adjacent to lots 1, 2, and 3 in Block 9, Tract 27 are under
common ownership by CDO Properties, LLC.
Finding:
C. The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating
to the subject property including, but not limited to, the General Plan and any
applicable Coastal Plan or Specific Plan.
Facts in Support of Finding:
C -1. The lot merger will be consistent with the applicable SP -9 /RSC district
regulations and other regulations relating to the subject property. The resulting
parcel will be 16,060 square feet in area, exceeding the minimum lot area
requirements of 2,375 square feet, and no setback nonconformities would be
directly created by the proposed merger.
C -2. The Land Use Element of the General Plan designates the subject site as
General Commercial Office (CO -G), which is intended to provide for
administrative, professional, and medical offices with limited accessory retail
and service uses. The lot merger will allow for the construction of a new office
building, consistent with the intent of the CO -G land use designation.
C -3. The lots are not located within the coastal zone.
Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as
a result of the merger.
Facts in Support of Finding:
D -1. Neither the merged parcel nor the adjoining parcel will be deprived of legal
access as a result of the merger as vehicular access to and from Old Newport
Boulevard will remain unchanged.
E. The lots as merged will be consistent with the surrounding pattern of development
and will not create an excessively large lot that is not compatible with the
surrounding development.
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Facts in Support of Finding:
E -1. The Old Newport Boulevard commercial corridor area consists of lots of varying
size. Within the area, many properties have been merged allowing for
redevelopment of properties previously developed as a separate sites. The
proposed lot merger would remove the lot lines on the subject property to permit
the redevelopment of the lots as a single, unified site, and would not result in a
development pattern, which is inconsistent with the existing development on Old
Newport Boulevard.
7. In accordance with Section 19.08.030.A.3 (Waiver of Parcel Map Requirement) of the
City of Newport Beach Municipal Code, the Planning Commission may approve a
waiver of the parcel map requirement in cases where no more than three parcels are
eliminated. The following finding and facts in support of such finding are set forth:
Findinq:
A. That the proposed division of land complies with requirements as to area,
improvement and design, flood water drainage control, appropriate improved public
roads and property access, sanitary disposal facilities, water supply availability,
environmental protection, and other applicable requirements of Title 19, the Zoning
Code, the General Plan, and any applicable Coastal Plan or Specific Plan
Facts in Support of Finding:
A -1. The proposed division of land complies with requirements as to area,
improvement and design, flood water drainage control, appropriate improved
public roads, sanitary disposal facilities, water supply availability, environmental
protection and other applicable requirements of Title 19 and Title 20 of the
Newport Beach Municipal Code and the General Plan.
A -2. Approval of the proposed lot merger would remove the existing lot lines, and
allow the property to remain as a single site for redevelopment. The lot merger
in and of itself would not change the land use, density, and intensity. The
proposed merged parcel would comply with all design standards and
improvements required for new subdivisions by Title 19, the Zoning Code, and
General Plan.
A -3. The proposed lot merger does not result in the elimination of more than three
lots
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council approve General Plan Amendment No. GP2010 -003, Use Permit No.
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UP2010 -019, Lot Merger No. LM2010 -005 and the requested off - street parking credit,
subject to the conditions set forth in Exhibit "A ".
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 7TH DAY OF OCTOBER, 2010.
AYES:
NOES:
BY:
BY:
Earl McDaniel, Chairman
Michael Toerge, Secretary
ATTEST:
CITY CLERK
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EXHIBIT "A
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans, roof plans, and building elevations stamped and dated with the date of this
approval. (Except as modified by applicable conditions of approval.)
2. Use Permit No. UP2010 -019 and Lot Merger No. LM 2010 -005 shall expire unless
exercised within 24 months from the date of approval as specified in Section 20.93.050
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. An off - street parking credit of 11 spaces shall be granted commensurate with the
number of on- street parking spaces available along the Old Newport Boulevard
frontage.
4. A maximum of 4, 000 square feet of gross floor area shall be utilized for medical office
use. The remaining 5,500 square feet of gross floor area shall be limited to general office
use, or use of equivalent parking demand.
5. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
6. 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.
7. 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.
8. This Use Permit and Lot Merger 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.
9. 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 new permits.
10. All landscape materials and irrigation systems 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
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Planning Commission Resolution No. _
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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. Landscaping shall comply with all applicable landscaping standards contained within
Section 20.46.040 of the Zoning Code. No deviations are permitted.
12. Reclaimed water shall be used whenever available, assuming it is economically
feasible.
13. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation
systems where possible.
14. Water leaving the project site due to over - irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code Enforcement
Division shall visit the location, investigate, inform and notice the responsible party,
and, as appropriate, cite the responsible party and /or shut off the irrigation water.
15. Watering shall be done during the early morning or evening hours (between 4:00 p.m.
and 9:00 a.m.) to minimize evaporation the following morning.
16. All leaks shall be investigated by a representative from the Code Enforcement Division
and the Applicant shall complete all required repairs.
17. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards.
18. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
19. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements 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:
20. Prior to the issuance of a building permit, the applicant shall pay any unpaid
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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
65clBA
N/A
6OdBA
20. Prior to the issuance of a building permit, the applicant shall pay any unpaid
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administrative costs associated with the processing of this application to the Planning
Department.
21. 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.
22. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
23. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a gate,) or otherwise screened from view of neighboring
properties, except when placed for pick -up by refuse collection agencies. The trash
dumpsters shall have a top, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
24. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
25. The exterior of the business 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.
26. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. Cleaning and maintenance of trash dumpsters shall be done in
compliance with the provisions of Title 14, including all future amendments (including
Water Quality related requirements).
27. Prior to the issuance of building permits, the trash enclosure design shall be approved by
the Planning Department. The trash enclosure shall be enclosed by three walls, a self
closing, self latching gate and have a have a decorative, solid roof for aesthetic and
screening purposes. The design of the enclosure shall be integrated with the design of
the other on -site buildings and structures.
28. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the "required trash container enclosure.
29. Prior to final of the building permit for any new construction on the properties, the
Planning Department shall verify recordation of the lot merger document with the
County Recorder.
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30. Lighting shall be in compliance with applicable standards of the Zoning Code. 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. Parking area lighting shall have
zero cut -off fixtures and light standards shall not exceed 24 feet in height.
31. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in the
opinion of the Planning Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Planning Director
may order the dimming of light sources or other remediation upon finding that the site
is excessively illuminated.
32. Prior to the issuance of building permits, the applicant shall prepare photometric study
in conjunction with a final lighting plan for approval by the Planning Department.
33. Prior to issuance of the certificate of occupancy or final of building permits, the
applicant shall schedule an evening inspection by the Code Enforcement Division to
confirm control of light and glare specified in condition of approval No. 30.
34. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the
Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if
located adjacent to the vehicular ingress and egress.
35. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this use permit
36. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the Bella Cara
Dermatology General Plan Amendment including, but not limited to, the approval of
General Plan Amendment No. GP2010 -003, Use Permit No. UP2010 -019, Lot Merger
NO. LM2010 -005 & requested Off - Street Parking Credit, and the determination that the
project is exempt under the requirements of the Califomia Environmental Quality Act.
This indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection
with such claim, action, causes of action, suit or proceeding whether incurred by
applicant, City, and /or the parties initiating or bringing such proceeding. The applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City pursuant to
the indemnification requirements prescribed in this condition.
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Building Department Conditions
37. 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. The construction plans must meet all applicable
State Disabilities Access requirements.
Public Works Conditions
38. An encroachment permit is required for all work activities within the public right -of -way.
39. The applicant shall construct a new curb, gutter, and a 6 -foot wide sidewalk along the
project frontage on the Old Newport Boulevard right -of -way per City standards.
Flowline of the new curb and gutter shall be located 34 feet west of the centerline of
Old Newport Boulevard.
40. The proposed driveway approach to the subject property shall be constructed per City
Standards and meet the criteria for commercial driveway approaches per City Council
Policy L -2.
41. The existing catch basin adjacent to the project on Old Newport Boulevard just south
of Orange Avenue shall be relocated to match the location of the new curb and gutter
per City Standards.
42. The parking lot layout shall be per City Standard No. 805 -L -A and B.
43. Any improvements adjacent to driveway approaches shall comply with the City's sight
distance requirement per City Standard No. 110 -L.
44. Damage to existing public improvements surrounding the development site by the
private construction shall be repaired and additional construction within the public
right -of -way may be required at the discretion of the Public Works Inspector.
45. All applicable Public Works Department plan check fees shall be paid prior to review of
the lot merger and grant deeds.
46. Prior to recordation of the lot merger, grant deeds indicating the changes in titles of
ownership should be submitted to the Public Works Department for review and
approval.
47. The lot merger and grant deeds reviewed and approved by the Public Works
Department should be filed concurrently with the County Recorder and County
Assessor's Offices.
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Attachment No. PC 2
Lot Merger Plans
I
3o
EXHIBIT "A"
CITY OF NEWPORT BEACH
LOT MERGER NO LM2010 -005
(LEGAL DESCRIPTION)
OWNER
EXISTING PARCEL
PROPOSED PARCEL
AP NUMBER
REFERENCE NUMBER
425 - 271 -01
CDO PROPERTIES, LLC
425-271-02
EXISTING LEGAL DESK /PT /ON.•
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS'
PARCEL 1:
LOTS 1, 2 AND 3, IN BLOCK 9, OF TRACT NO. 27, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF 7HE
COUNTY RECORDER OF SAID ORANGE COUNTY.
PARCEL 2:
THAT PORTION OF THE SOUTHEASTERLY ONE -HALF OF THE 40 FOOT ROAD ADJACENT TO LOTS 1, 2 AND 3, IN
BLOCK 9, OF TRACT NO. 27, IN THE CI7Y OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 9, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, AS ABANDONED BY THE ORDER OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY ON JUNE 25,
1929,
PROPOSED LEGAL DESRIPTION,'
ALL THAT PORTION OF LOTS 1, 2 AND 3, IN BLOCK 9, OF TRACT NO. 27, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 26 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,•
TOGETHER WITH THAT POR77ON OF THE SOUTHEASTERLY ONE -HALF OF THE 40 FOOT ROAD ADJACENT 70 L07S 1, 2
AND 3, IN BLOCK 9, OF 7RACT NO, 27, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 26 OF MISCELLANEOUS MAPS, /N THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, AS ABANDONED BY THE ORDER OF 771E BOARD OF SUPERVISORS OF
ORANGE COUNTY ON JUNE 25, 1929, DESCRIBED AS FOLLOWS.,
BEGINNING AT 7HE INTERSECTION OF THE NORTHWESTERLY PROD OF 77-IE SOUTHWESTERLY LINE OF SAID LOT 3 WI7H
THE NORTHWESTERLY LINE OF SAID PORTION OF THE SOUTHEASTERLY ONE -HALF OF THE 40 FOOT ROAD' THENCE
FROM SAID POINT OF BEGINNING ALONG SAID NORTHWES7ERLY LINE NORTH 32' 44' 21" EAST 34.97 FEET TO THE
BEGINNING OF A NON - TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2,486.28 FEET, A RADIAL
LINE BEARING FROM SAID POINT NORTH 57 06' 00" WEST' THENCE NORTHEASTERLY ALONG SAID CURVE 264.10
FEET THOUGH A CENTRAL ANGLE OF 06' 05' 10" TO THE WESTERLY LINE OF THE STRIP OF LAND 80 FEET WIDE
DESCRIBED IN DEED FOR RIGHT OF WAY OF A PUBLIC HIGHWAY RECORDED JULY 27, 1927, IN BOOK 72, PAGE 129,
OFFICIAL RECORDS, SAID WESTERLY LINE BEING A NON- TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS
OF 2,351.16 FEET, A RADIAL LINE BEARING FROM SAID POINT SOUTH 80' 23' 39" EAST; THENCE SOUTHERLY ALONG
SAID CURVE 85.69 FEET THROUGH A CENTRAL ANGLE OF 02' 05' 18" TO A TANGENT LINE- THENCE SOUTH 07 31'
03" WEST 83.60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF
947.80 FEET' THENCE SOUTHWESTERLY ALONG SAID CURVE 135.59 FEET THROUGH A CENTRAL ANGLE OF O8' 11'
47" 70 A POINT OF INTERSECTION WITH A NON- TANGENT LINE, A RADIAL LINE BEARING FROM SAID POINT NORTH 74'
17' 09" WEST- THENCE NORTH 66' 23' 39" WEST 108.13 FEET TO THE POINT OF BEGINNING.
al
m
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT MERGER NO LM2010 -005
(MAP)
OWNER
EXISTING PARCEL
AP NUMBER
PROPOSED PARCEL
REFERENCE NUMBER
CDO PROPERTIES, LLC
425 - 271 -01
425 - 271 -02
y
\
SHEET 1 OF 2
A* ZA-e
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P. �® r'ou' C SCALE: 1"= 50'
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C 13 Tl3 C�?
\ N
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C6 1 C i i
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(PUB LIC STREE _BL / ®
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'3'�
EXHIBIT "B" cont.
CITY OF
NEWP0RT
BEACH
LOT MERGER NO LM2010
-005
(MAP)
OWNER
EXISTING
PARCEL
PROPOSED
PARCEL
AP NUMBER
REFERENCE NUMBER
CDO
PROPERTIES, LLC
425 - 271 -01
425 - 271 -02
CURVE TABLE'
SHEET 2 of 2
NO.
DELTA
RADIUS LENGTH
TANGENT
Cl
1'04'16"
2486.28' 46.48'
23.24'
C2
1'43'11"
2486.28' 74.63'
37.32'
C3
3'17'43"
2486.28' 142.99'
71.52'
C4
2'25' 19"
2486.28' 105.10'
52.56'
C5
6'05'10"
2486.28' 264.10'
132.18'
C6
2'32'52"
970.00' 43.13'
21.57'
C7
4'27'11"
970.00' 75.39'
37.71'
C8
9'01'41"
970.00' 152.84'
76.58'
C9
16'01'43"
970.00' 271.36'
136.57'
C10
8'11'47"
947.80' 135.59'
67.91'
C 1 1
2'05'18"
2351.16' 85.69'
42.85'
C12
4'59'54"
957.40' 83.52'
41.79'
C13
3'11'54"
957.40' 53.44'
26.73'
C14
9'59'12"
2311.16' 402.83'
201.93'
C15
12'20'36"
997.40' 214.87'
107.85'
C16
16'01'43"
1000.00' 279.75'
140.80'
C17
13'40'19"
867.55' 207.02'
104.00'
TANGENT TABLE:
T11 34.97'
N
32'44'21
E
T12 104.76'
N
03'49'56"
E
N0.
DISTANCE
BEARING
T13 83.60'
T14 23.11'
N
N
07'31'03"
07'31'03"
E
E
T1
130.68'
N 66'23'39" W
T15 60.49'
N
07'31'03"
E
T2
108.13'
N 66'23'39" W
T16 83.60'
N
07'31'03"
E
T3
22.55'
N 66'23'39" W
T17 107,65'
S
19'51'39"
W
T4
111.70'
N 67'34'43" W
T18 110.55'
S
03'49'56"
W
T5
80.46'
N 67'34'43" W
T19 RADIAL
N
57'06'00"
W
T6
31.24'
N 67'34'43" W
T20 RADIAL
N
63'11'10"
W
T7
90.99'
N 68'10'38" W
T21 RADIAL
S
80'23'39"
E
T8
51.13'
N 68'10'38" W
T22 (RADIAL)
N
74d17'9" W
T9
39.86'
N 68'10'38" W
T10
39.89'
N 19'51'39" E
'3'�
EXHIBIT "C"
CITY OF NEWPORT
BEACH
LOT MERGER NO LM2010 -005
(SITE PLAN)
OWNER
EXISTING PARCEL
PROPOSED PARCEL
AP NUMBER
REFERENCE NUMBER
CDO PROPERTIES, LLC
425 - 271 -01
425-271-02
SCALE: 1"= 50'
\
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®L® NEWPORT
OLV®,
7
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Attachment No. PC 3
Project Plans
Q3
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3G4CEi Q 35
493 OLD NEWPORT BLVD.
\eFq NEWPT BEACH, CA 92663
111' -7"
al [111
4f
I NEWPORT BLVD }
94' -1
<8> 3
,3
,wsH
EUCIOSUnE
LANDSCAPED AREA
92' -4 \Y
PARKING PROVIDED AND APPROVED (PERMIT #0149 -2009)
wortw '
WAYLINE REGULAR ON SITE: 28 STALLS
I ACCESSIBLE ON SITE: 3 STALLS,/
STREET PARKING: 11 STALLS
//42 STALLS TO
PARKING REQUIRED ��
_ 4,000SF MEDICAL (6 /TIJOOj: 20 STALLS
5 SOOSF OFPIC@ .110001: 22 STALLS
TOT REQUIRED: 42S1ALLS
LOT AREA 16,060 SF
LANDSCAPING REQUIRED If 1,286 SF
LANDSCAPING PROVIDED (165%) 2,648 SF
SITE tat FLOOR PLAN - PER PERMITTED PROJECT- NO REVISIONS PROPOSED
BELLA CARA DERMATOLOGY ShaMM A001
BUILDING Dale acr m ,. mto
1 / � u
6,022 SF SUI [NO AREA ON THIS LEVEL / .- T DINT
POSSIBLEL 1
IF ADDITIONAL 1, 7„TH) Fi.
(UNPRACTICAL- v,vTFi) J i
- -- - ,-
OPEN CORRIDO
/ I I
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I .
D1 D5 F G
2nd LEVEL OFRCE - PER PERMITTED PROJECT- NO REVISIONS PROPOSED SG - Vie• _ 1•_0-
ram
493 OLD NEWPORT BLVD, BELLA CARA DERMATOLOGY
NEWPORT BEACH, CA 92663 BUILDING
Sheet #. A002
mm. O0f m 1. 2010
1
min
PERMUTED AREA
2,001 SF
T
N `Y
, N II 111 -- 111 -1n�
I 1 LOTAREA 16,060 SF
ALLOWED BUILDING AREA AT 0.5 FAR 8.030 SF
v= BULK AREA CALCULATIONS
/y` 1 ' /•' PERMITTED BUILDING AREA AT 0.5 FAR
rn ` BULKAREA PERMITTED: [TOTAL LOT AREAX40.5+025)3
16,060SFx0.75 3RD FLOOR 6,022 SF
12,045 SF 3RD FLOOR 2.001 SF
—_ TOTAL PERMITTED BUILDING AREA 8,0235E
BULK AREA (WI GPA APPROVAL):
[TOTAL LOT AREA X (0.591025) PROPOSED BUILDING AREA AT 0.62 FAR
16,060 SF x 0.84 2ND FLOOR 6,022 SF
=13.490 SF 3RD FLOOR 3.478 SF
ACTUAL BULK BLDG AREA TOTAL PROPOSED BUILDING AREA 9,500 SF
(ENCLOSED BUILDING AREA+
ABOVE GRADE PARKING AREA)
=10,498 SF
ACTUALBULKAREA %: 65%
3rd LEVEL GENERAL OFFICE - PROPOSED ADDITION swe 1/16• - 1--0-
493 OLD NEWPORT BLVD. BELLA CARA DERMATOLOGY Shasta: A003
NEWPORT BEACH, CA 92663 BUILDING mm. WR) m 11 2010
493 OLD NEWPORT BLVD.
XC
NEWPT BEACH, CA 92663
ROOF PLAN OVER EX[SnNG GRADING
BELLA CARA DERMATOLOGY
BUILDING
SG 1/w - 4-0'
nXKH1TECTS
1-11a -V (]S-{',AM ElO5R4I
PROPOSED L
OIEI ROOF HEIGHT 0 N
OP_
3RD LEV�El
, f _ _
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-,STREET LEVEL 0 EKTR'
AECA ',RaE)
9NT OF ROOF
ABOVE MONG ME)
- 4q -1,
-all
OLD NEWPORT BLVD. FRONT ELEVATION
VARIES PER CML PCMS— — -- — --
ACUTE OLD NEWPORT BLVD. ELEVATION
EXTERIOR ELEVATIONS mom
493 OLD NEWPORT BLVD. BELLA CARA DERMATOLOGY Sheett AQTS
NEWPT BEACH, CA 92663 BUILDING DAM OCTOSER 1. 2010
Romms
'10-111
lip
oollm
11
7:=
VARIES PER CML PCMS— — -- — --
ACUTE OLD NEWPORT BLVD. ELEVATION
EXTERIOR ELEVATIONS mom
493 OLD NEWPORT BLVD. BELLA CARA DERMATOLOGY Sheett AQTS
NEWPT BEACH, CA 92663 BUILDING DAM OCTOSER 1. 2010
PROPOSED ROOF HEGHT O NIDPOPMT
+111' - 6'(33' -9" JHOYF E %5RlG CWDFj PROPOSED TOP OF ROOF RIDGE
+113'- 6 "(J5 -10" A6N'E E>aSTNCD]SIINC G°jp£J`P
�TOP CF ROOF PRDPOS TOP OF OECCRATW WALL \
V +1tb' -9" — — +111'- 0 "(3T -6' /EOJE ET45[NG (AApE) \ — 1 / / PROPOSED ROOF HEIGHT O MIDPOPINT
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DECORATNE WAIL HEIGHT
+11+'-4"(]5-10" LM EY8'IWG
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EXTERIOR SIDE LOT ELEVATION
EXTERIOR ELEVATIONS
493 an NEWPORT BLVD. BELLA CARA DERMATOLOGY Shfttt A006
NEWPT BEACH, CA 92663 BUILDING OAM JULY 41H 2010
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Attachment No. PC 4
Construction Cost Letter
October 1, 2010
Planning Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, Ca. 92663
Re: 493 Old Newport Blvd.
Newport Beach, CA
Permit # 0149.2009
Dear Planning Department:
Below is a brief explanation of the construction cost on this project.
1. The soils at this place are loose fill, which is not suitable for bearing building weight. Per the
recommendations of the soils report, excavation of approximately 10 feet of the soil must take place.
Some of it may be reused on the site, but it takes expensive heavy duty equipment to do the excavation
and recompaction. A big portion of the soil will have to be transported out of the site. Finding a place for it,
is another expensive operation. Even the soils below this layer are not very strong for bearing a building,
which drives the up the price of the structure.
2. The slope of the site requires retaining, which is always an expensive item. In our case there is a
building right next to our retaining wall together with the permanent shoring that needs to be built which
makes it even more difficult and costly. The site work, soils excavation and retaining walls come to more
than a 114 of the construction cost.
3. The triangular shape of the lot contributes a great deal to the layout, the functionality and cost of the
building. We designed this building starting from the parking layout on the site. Because the lot is not a
rectangular shape with enough width, the parking cannot be optimized (leads to less spaces) and the
structural columns cannot be uniformly spaced, which leads to a lot of angular moment connections
driving the cost of the structure very high. Considering this and the weak soils, it is not surprising that
more than a 1/4 of the construction cost is the structural steel frame.
In other words, this building would be costing over 30% less than the current projected construction cost if
it was on a wide enough rectangular lot with leveled topography and soils with good bearing capacity.
Regards,
Theodora Attanassova
Wood Burghard Swain Architects
4850 Barranca Pkwy.
Suite 203
Irvine, CA 92604
tel. 949 - 552 -2061
fax 949- 552 -9442
0
Attachment No. PC 5
General Plan Consistency Analysis
e
i
GENERAL PLAN POLICY CONSISTENCY ANALYSIS
Folic No._,:
Pollc C one lstenc 'Axial sis
Land Use Element
LU 1.5
Economic Health. Encourage a local
Consistent. The project would consolidate and
economy that provides adequate commercial,
redevelop three lots and a portion abandoned of
office, industrial, and marine - oriented
right -of -way that are currently occupied by a mix of
opportunities that provide employment and
vacant, dilapidated, and underperforming uses
revenue to support high - quality community
into a modern office building that would provide
services.
jobs and modest growth to the area. The project
includes medical office use that would
complement Hoag Hospital and allow for the
consolidation of healthcare in Newport Beach to
serve residents and the surrounding community.
LU 3.1
Neighborhoods, Districts, Corridors, and
Consistent. The project would be consistent with
Open Spaces. Maintain Newport Beach's
permitted uses for the site and would implement
pattern of residential neighborhoods, business
one of the primarily goals of the Old Newport
and employment districts, commercial centers,
Boulevard Specific Plan to redevelop the area as
corridors, and harbor and ocean districts.
a commercial district with retail sales and office
opportunities.
LU 3.2
Growth and change. Enhance existing
Consistent. As indicated in the General Plan, the
neighborhoods, districts, and corridors,
completion of Newport Boulevard as the primary
allowing for re -use and infill with uses that are
entry to the City resulted in a shift of vehicular trips
complementary in type, form, scale, and
away from Old Newport Boulevard resulting in a
character.
reduction in the corridor's economic vitality which
Changes in use and /or densitylintensity, should
has significantly changed the land use mix.
be considered only in those areas that are
Without action to stimulate development, the
economically underperforming, are necessary
desired General Plan goals of providing
to accommodate Newport Beach's share of
professional offices to support Hoag Hospital may
projected regional population growth, improve
be difficult. The property has proven difficult to
the relationship and reduce commuting
redevelop due to its irregular lot configuration,
distance between home and jobs, or enhance
poor soils conditions, and related high
the values that distinguish Newport Beach as a
construction costs. Providing an increased
special place to live for its residents. The scale
development limit for the project site could provide
of growth and new development shall be
an economic stimulus to revitalize the corridor.
coordinated with the provision of adequate
The project site is within walking distance of an
infrastructure and public services, including
established residential neighborhood. Newport
standards for acceptable traffic level of
Beach residents desire high quality development
service.
and redevelopment of under- performing, non-
conforming properties. The project would provide
such redevelopment of the site and provide
stimulus for the corridor.
LU 5.2.1
Architecture and Site Design. Require that
Consistent. The building's architecture is of
new development within existing commercial
contemporary design with curvilinear parapet walls
districts centers and corridors complement
and roof lines. To minimize the massing and scale
existing uses and exhibit a high level of
of the building as viewed from Old Newport
architectural and site design ...
Boulevard and Newport Boulevard, the proposed
design includes step backs at each of the office
levels, concentrating the massing towards the
interior of the property. The use permit request for
the height increase is nominal, and when
compared to other newly constructed buildings
that maximize the height, such as the newer two -
story and three -story buildings along Old Newport
Boulevard, there should be no visible or abrupt
difference height. The wave - shaped roof,
curvilinear parapet walls, and decorative sail
feature add visual interest to the design of the
building and would enhance the character of the
area.
LU 5.6.1
Compatible Development. Require _thatJ
Consistent. The promegtwmould rovtde a modern
J_.
GENERAL PLAN POLICY CONSISTENCY ANALYSIS
Rolicy No..
Policy,
Consistency Analysis
buildings and properties be designed to ensure
office building in an area of the City designated for
compatibility within and as interfaces between
uses to support and complement Hoag Hospital.
neighborhoods, districts, and corridors.
The project is buffered from adjacent commercial
development by Old Newport Boulevard to the
east and Newport Boulevard to the west. The
nearest residential structures are located
approximately 150 feet to the east and are
shielded from the project site by the commercial
development located on the east side of Old
Newport Boulevard.
LU 5.6.2
Form and Environment. Require that new
Consistent. Buildings within the Old Newport
and renovated buildings be designed to avoid
Boulevard commercial corridor consist of a wide
the use of styles, colors, and materials that
variety of different architectural styles, with no
unusually impact the design character and
consistent theme. The building's architecture is of
quality of their location such as abrupt
contemporary design with curvilinear parapet walls
changes in scale, building form, architectural
and roof lines. To minimize the massing and scale
style, and the use of surface materials that
of the building as viewed from Old Newport
raise local temperatures, result in glare and
Boulevard and Newport Boulevard, the proposed
excessive illumination of adjoining properties
design includes step backs at each of the office
and open spaces, or adversely modify wind
levels, concentrating the massing towards the
patterns.
interior of the property. The use permit request for
the height increase is nominal, and when
compared to other newly constructed buildings
that maximize the height, such as the newer two -
story and three -story buildings along Old Newport
Boulevard, there should be no visible or abrupt
difference height. The wave - shaped roof,
curvilinear parapet walls, and decorative sail
feature add visual interest to the design of the
building and would enhance the character of the
area. The project would serve to enhance the
visual appearance and overall impression of the
Old Newport Corridor.
LU 5.6.3
Ambient Lighting. Require that outdoor
Consistent. The project will be subject to
lighting be located and designed to prevent
conditions of approval intended to control light
spillover onto adjoining properties or
spillage and glare, including the requirement to
significantly increase the overall ambient
prepare a photometric survey to confirm that
illumination of their location.
illumination does not exceed one - foot - candle
beyond property lines.
LU 658.1
Priority Uses. Accommodate uses that serve
Consistent. The proposed office building would
adjoining residential neighborhoods, provide
include medical and general office space that
professional offices, and support Hoag
would complement and support Hoag Hospital
Hospital.
and would provide medical services and facilities
to the adjacent residential community.
LU 6.18.3
Property Design. Require that buildings be
Consistent. Pedestrian and vehicular access has
located and designed to orient to the Old
been designed to take access from the Old
Newport Boulevard frontage, while the rear of
Newport Boulevard frontage. Given the project's
parcels on its west side shall incorporate
high visibility from Newport Boulevard, the west
landscape and design elements that are
elevation incorporates significant architectural
attractive when viewed from Newport
detail and includes a decorative sail element. The
Boulevard.
west elevation is located above a landscaped
slope and also incorporates additional
landscaping elements.
LU 6.18.4
Streetscape Design and Connectivity.
Consistent. Proposed landscaping along the Old
Develop a plan for streetscape improvements
Newport Boulevard frontage would enhance the
and improve street crossings to facilitate
pedestrian environment in front of the site. The
pedestrian access to Hoag Hospital and
Applicant would be required to construct a
discourage automobile trips.
sidewalk in front of the property on Old Newport
Boulevard providing better pedestrian access and
connectivity to the neighborhood. The ro'ect
N
2.1.
CE 7.1
roadway system to accommodate projected
traffic at the following level of service
standards:
A. Level of Service (LOS) "D" throughout the
City, unless otherwise noted...
Required Parking. Require that new
development provide adequate, convenient
parking for residents, guests, business
patrons, and visitors.
Require that all proposed projects are
compatible with the noise environment through
use of Table N2 [Land Use Compatibility
Matrix], and enforce the interior and exterior
noise standards shown in Table N3 [Noise
and exterior noise standards outlined in Table
N3, and in the City's Municipal Code to ensure
that sensitive noise receptors are not exposed
to excessive noise levels from stationary noise
sources, such as heating, ventilation, and air
Limiting Hours of Activity. Enforce the
on hours of construction activity.
Consistent. The project is forecast to generate
206 new average daily trips (ADT), which is below
the initial screening threshold of the City's Traffic
Phasing Ordinance (fPO). Projects that generate
less than 300 ADT are exempt from having to
prepare a traffic study per the TPO as they are not
expected to impact the acceptable levels of
service for traffic in the area.
Potentially Consistent. The project requires a total
of 42 parking spaces. 31 parking spaces are
proposed on -site. In accordance with the
provisions of the Old Newport Boulevard Specific
Plan, the applicant is seeking an 11 -space parking
credit commensurate with the number of spaces
available along the project frontage. If approved,
the project can be found consistent with this
consistent. i ne project wouio De aevetopea in a
noise environment compatible with the proposed
use (an office use in an area less than 60 dBA
CNEL). Office use is "clearly compatible" up to 65
dBA and "normally compatible" up to 75 dBA.
comply with the Municipal Code (Section 10.26
provides for Community Noise Control). The
project would be compatible with the existing and
future noise environment. The project would not
significantly increase stationary noise levels in the
Consistent. The project would be required to
comply with requirements of the Municipal Code
(Section 10.26 addresses Community Noise
Control; Section 10.28.040 addresses
�tq
Attachment No. PC 6
General Plan Changes — Table LU2
bo
Anomaly
Number
Statistical
Area
Development
Limit (so
Development Limit Other
Additional Information
Land Use
Designation
1
L4
MU -H2
460,095
471 Hotel Rooms (not included in
total square footage)
2
L4
MU -112
1,060,146
3
L4
CO -G
734,641
4
L4
MU -1-12
250,176
5
L4
MU -112
32,500
6
L4
MU -H2
34,500
7
L4
MU -H2
81,372
8
L4
MU -H2
442,775
9
L4
CG
120,000
164 Hotel Rooms (included in total
square footage)
10
L4
MU -H2
31,362
349 Hotel Rooms (not included in
total square footage)
11
L4
CG
11,950
12
1.4
MU -H2
457,680
13
L4
CO -G
288,264
14
L4
CO- G /MU -H2
860,884
15
L4
MU -H2
228,214
16
L4
CO -G
344,231
17
L4
MU -1-12
33,292
304 Hotel Rooms (not included in
total square footage)
18
L4
CG
225,280
19
L4
CG
228,530
21
J6
CO -G
687,000
Office: 660,000 sf
Retail: 27,000 sf
CV
300 Hotel Rooms
22
J6
CO -G
70,000
Restaurant: 8000 sf, or
Office: 70,000 sf
23
K2
PR
15,000
24
L3
IG
89,624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
86,000
28
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
75,000
32
L2
PI
34,000
33
M3
PI
163,680
Administrative Office and
Support Facilitates: 30,000 sf
Community Mausoleum and
Garden Crypts: 121,680 sf
Family Mausoleums:
12,000 sf
41
..
Anomaly
Number
Anomaly
Statistical
Area
11.6cations
Land Use
Designation
Development
Limit (sQ
Development Limit Other
Additional Information
34
L1
CO -R
484,348
35
L1
CO -R
199,095
36
L1
CO -R
227,797
37
L1
CO -R
131,201
2,050 Theater Seats (not included
in total square footage)
38
L1
CO -M
443,627
39
L1
MU -H3
408,084
40
L1
MU -H3
1,426,634
425 Hotel Rooms (included in total
Square Footage)
41
L1
CO -R
327,671
42
L1
CO -R
286,166
43
L1
CV
611 Hotel Rooms
44
L1
CR
1,619,525
1,700 Theater Seats (not included
in total square footage)
45
L1
CO -G
162,364
46
L1
MU-H3/PR
3,725
24 Tennis Courts
Residential permitted in
accordance with MU -H3.
47
L1
CG
105,000
48
L1
MU -1-13
337,261
49
L1
PI
45,208
50
L1
CG
25,000
51
K1
PR
20,000
52
K1
CV
479 Hotel Rooms
53
K1
PR
567,500
See Settlement Agreement
54
it
CM
2,000
55
H3
PI
119,440
56
A3
PI
1,343,238
990,349 sf Upper Campus
577,889 sf Lower Campus
In no event shall the total
combined gross Floor area of
both campuses exceed the
development limit of
1,343,238 sq. ft.
57
Intentionally Blank
58
J5
PR
20,000
59
H4
MU -W1
247,402
144 Dwelling Units (included in total
square footage)
60
N
CV
2,660,000
2,150 Hotel Rooms (included in
total square footage)
61
N
CV
125,000
62
L2
CG
2,300
63
G1
CN
66,000
64
M3
CN
74,000
65
M5
CN
80,000
66
J2
CN
138,500
67
D2
PI
20,000
68
L3
PI
71,150
I
Table
Anomaly
Statistical
Land Use
Development
Number
Area
Designation
Limit (so
Development Limit Other
Additional Information
69
K2
CN
75,000
70
D2
RM -D
Parking Structure for Bay
Island (No Residential Units)
71
L1
CO -G
11,630
72
L1
CO -G
8,000
73
A3
CO -M
350,000
74
L1
PR
35,000
City Hall, and the
administrative offices of
the City of Newport
75
L1
PF
Beach, and related
parking, pursuant to
Section 425 of the City
Charter.
1.0 FAR permitted, provided
76
H7
CO -G
0.5 FAR
all four legal lots are
consolidated into one parcel
to provide unified site design
77
H4
CV
240,000
157 hotel rooms(included in total
square footage)
78
B5
CM
139,840
Development limit of 9,500
sf permitted, provided all
79
H1
CO-G
0.5 FAR
three legal lots are
consolidated into one
parcel to provide unified
site design