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HomeMy WebLinkAboutHoag Healthcare Center -500-540 Superior Avenue - (PA2006-113)• CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item: 5 November 16, 2006 TO: Planning Commission FROM: Planning Department Jaime Murillo, Associate Planner, (949) 644 -3209 0murilloCcDcity. newport- beach.ca.us SUBJECT: Hoag Healthcare Center Use Permit No. 2006 -010 Traffic Study No. 2006 -001 (PA2006 -113) 500 -540 Superior Avenue APPLICANT: Newport Beach Healthcare Center, LLC REQUEST • The applicant requests approval of a use permit to allow the conversion of 97,000 square feet of research and development (R &D) /general office use to medical office use. The project also includes the demolition of one of the existing buildings and the construction of an additional parking structure that makes the site exceed the maximum building, bulk limitation for the site. Additionally, approval of a traffic study is being requested pursuant to the City of Newport Beach Traffic Phasing Ordinance (TPO). Staff recommends that the Planning Commission approve Use Permit No. 2006 -010 and Traffic Study No. 2006 -001 by adopting the attached draft resolution. BACKGROUND The site was originally developed in 1958 by Hughes Aircraft Company, which operated as Hughes Aircraft Company Solid State Products Division, specializing in electronic testing, and assembly of hybrid components and administrative activities. Throughout the years, various use permit approvals were granted for the expansion of the site. In 1997, Raytheon Company merged with Hughes, and subsequently acquired the site. Raytheon continued the established operations. The types of operations that occurred during Hughes' and Raytheon's ownership of the property included the manufacturing of semiconductors and other solid state components in clean room environments, • Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 2 of 14 Current Development: Newport Technology Center, consisting of 4 buildings encompassing 415,493 square feet with a four -level above grade parking garage and surface parking having a combined total of 1,332 parking spaces To the northeast: City of Newport Beach Corporate Yard To the southeast: Sunbrid a Care and Rehabilitation Center To the southwest: Multiple-Family Residential and Flagship Medical Care Center To the northwest: Harbor Homes Trailer Park and Superior Medical Center • r1 LJ • Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 3 of 14 • packaging of microelectronic devices, mounting of completed electron components on circuit boards or other assemblies, and administrative offices and engineer's offices for research and development uses. In 2000, Raytheon discontinued its operations and sold the property to St. Clair Company. In early 2001, the Planning Commission and City Council reviewed and approved Use Permit No. 3679 and a traffic study for the construction of the Newport Technology Center. The project consisted of demolition, reconstruction, and renovation totaling approximately 415,500 square feet of research and development (R &D) space. The use permit also allowed the structures to exceed the base height limit. The City prepared a Mitigated Negative Declaration for the project, which was also adopted with the approval of the project. However, the use permit did not address the fact that the proposed development exceeded the maximum allowable building bulk limitation. A year after project completion, leasing of the site was not robust and the new owners, New Superior Group, LLC, believed there was a better market for general office spaces as opposed to the research and development space. A use permit amendment and traffic'study ;was then reviewed and approved by the Planning Commission and City Council in 2004 to change the range of allowable uses that can! occupy the 114ewport Technology Center to provide for additional leasing flexibility. Specifically, the: project was authorized 43% (178,661 gross square feet) of the project site to be occupied by commercial office uses (except medical or dental office or clinics), with the remaining • 57% (236,831 gross square feet) occupied with industrial /R &D uses. The amendment also included consideration and approval of the existing development to exceed the maximum allowable building bulk. However, to date the leasing of Newport Technology Center has still not proven successful. As the project site is located in close proximity to Hoag Hospital, Hoag has since purchased the site in order to accommodate its medical office needs in support of the hospital. Medical office use is permitted within the M -1 -A zoning district, subject to the approval of a use permit. Therefore Hoag has submitted this application. DISCUSSION Site Overview The project site is located at 500 -540 Superior Avenue, more specifically west of Newport Boulevard, east of Superior Avenue, and north of Dana Road. The site is approximately 13.7 acres in size and is fully developed with office and R &D land uses. The site is currently improved with four buildings totaling 415,493 square feet in size and a four -level above grade parking structure. Of the total floor area, 236,832 square feet (or 57 %) are dedicated to R &D and industrial uses. The remaining 178,661 square feet (or 43 %) are dedicated to office uses. •Previous development of the site has resulted in the elimination of any significant topographic features as well as native habitat and native plant and animal species. The Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 4 of 14 area in the vicinity where the site is located is also intensively developed with a variety • of land uses, including medical facilities, industrial and office uses and residential development. Project Description The applicant intends to convert 97,000 square feet of the research and development (R &D) /general office use to medical office use, requiring approval of a use permit pursuant to the existing M -1 -A district regulation. In order to provide and accommodate the increased medical parking requirements, an 86,079 square foot building is proposed to be demolished and replaced with a parking structure. Demolition of this building will result in a reduced overall project gross floor area of 329,414 square feet. After the allocation of 97,000 square feet for medical office uses, the remaining floor area is .proposed to be allocated as follows: 136,000 square feet for general office use and 96,414 square feet for research & development use. The project has been designed to comply with the maximum permitted floor area ratio (FAR) applicable for the General Industrial land use designation and M-1 -A zoning district; however, ;the construction of the parking structure will cause the site to further exceed the .maximum building bulk limitation for the site, which also necessitates the approval of:a use permit. The proposed parking structure will consist of 4 levels, including the basement and roof top parking levels, providing approximately 697 parking spaces. The final total parking count is anticipated to vary by 5 -10% pending final resolution of mechanical, electrical, • and structural components. A bridge connecting the proposed parking structure with the existing 4- level, above -grade parking structure is also proposed. The maximum height of the structure as proposed is approximately 32 -feet, as measured from natural grade to the top of the southeasterly stairwell, consistent with the 32 -foot maximum base height limit. For comparison, the height of the existing office building proposed to be demolished is approximately 38.6 -feet to its highest point, or approximately 7 -feet higher than the proposed parking structure. Additionally, the applicant also proposes a shuttle service that will consist of a 20- passenger van that will provide shuttle service for physicians and patients between Hoag Hospital and Hoag Health Center during the hours of 7:00 a.m. to 7:00 p.m. The shuttle service will be limited to two round trips per hour between the two facilities and will be used by patients visiting physicians at Hoag,- Health Center who require further medical services such as lab work, x -rays, and medical tests to be provided at Hoag Hospital. A more detailed discussion of the shuttle is provided later in this report. No ancillary parking is proposed to occur at Hoag Health Center for Hoag Hospital, except during a one -year interim period to facilitate completion of Hoag's construction of its Lower Campus. General Plan — 2006 Land Use Element The 2006 comprehensive General Plan Update has been approved at the November 7, • 2006 elections and became effective on November 8, 2006. The City Council is Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 5 of 14 • anticipated to certify the new General Plan at the City Council meeting of November 28, 2006 meeting. Therefore, the project consistency analysis as been performed based on the new 2006 Land Use Element because the effective date established in the Resolution adopting the General Plan is "immediately upon voter approval ". The project site is located within the West Newport Mesa area of the Land Use Element and is designated as CO -M (Medical Commercial Office). Within the West Newport Mesa area, existing development is characterized by residential, office, retail, industrial, and public uses. Hoag Hospital, which is a major activity center that continues to affect development in the area, generates a strong market for the development of uses that support the hospital's medical activities, including medical offices, convalescent and care facilities, medical supply, pharmacy, and similar uses. The CO -M land use designation is intended to provide primarily for medical - related offices, other professional offices, retail, short-term convalescent and long -term care facilities, research labs, and similar uses. The project site, in particular, is allocated a precise development limitation of 350,000 square feet of floor area. The proposed medical office use is consistent with this designation, and with the demolition of the 86,079 square foot building, the site is consistent with the intensity limit The General Plan includes goals and policies related to development within the City. Land Use Goal 6.6 (LU 6.6) specifically relates to.the West Newport Mesa area and reflects the City's desire to maintain the high level of medical services that support Hoag •Hospital and to ensure the continuation of residential development in the area. Policy LU 6.6.1 (Hospital Supporting Uses Integrated with Residential Neighborhoods) states: LU 6.6.1: Prioritize the accommodation of medical - related and supporting facilities on properties abutting the Hoag Hospital complex [areas designated as "CO-M (0.5)" (Figure LU 18, Sub Area A)] with opportunities for new residential units [areas designated as "RM (18 /ac) ] and supporting general and neighborhood- serving retail services [CG (0.75)" and "CN (0.3)], respectively. The proposed development addresses the policy identified above. Specifically, the project includes the conversion of existing general office and research & development floor area to medical office floor area to support Hoag Hospital. Project implementation is consistent with the policy that is intended to ensure that future development is compatible within a mixed -use area and the proposed land uses complement and support the major medical activity (Hoag Hospital)`in the area. The proposed parking structure has been designed to be consistent and compatible with the existing development through the building height, massing, and architectural. character. The proposed structure will not exceed the 32 -foot maximum building height prescribed in the M -1 -A zoning district. In addition, the structure will be similar in size and mass as the building that is proposed for demolition. Finally, the architectural character is compatible with the architectural treatment of the existing structures within the existing Newport Technology Center, and the additional parking will provide sufficient parking for • the use, address parking concerns in the neighborhood and facilitate the use of an underutilized site. Therefore, implementation of the project would not compromise the Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 6 of 14 character and/or integrity of the mixed uses with the West Newport area and is • consistent with the Land Use Element. Zoning The project is located in the M -1 -A (Controlled Manufacturing) zoning district at this time which provides for a wide range of moderate to low intensity industrial uses and limited accessory and ancillary commercial and office uses. Business and Professional Office uses are permitted within the M -1 -A zone, with the exception that medical offices require the approval of a use permit. There are no specific operational criteria for medical office uses contained within the Zoning Ordinance. The proposed project is consistent with this designation and complies with all development standards with the exception of building bulk. With the implementation of the new CO -M land use designation, the zoning of the site will change to one that facilitates medical office uses and the project should not conflict with future zoning implementation. Building Bulk Building bulk is measured in a two dimensional fashion, where the total unweighted gross floor area of buildings and above -grade parking,-,garages are considered. Areas of buildings that have a clear ceiling height exceeding 18 feet are counted twice since these spaces occupy more volume. Building bulk also includes the gross square footage of above grade or partially subterranean covered parking areas. The proposed • project consists of a total of.three buildings and.two 4 -level parking structures, resulting in a total bulk area of 747,202 square feet. The maximum building bulk limitation is the base floor area (0.5) plus 0.25 for a maximum of 0.75. The bulk of the development . is as follows: r- � A� Floor Gross _ , tId T � is'�, ` NIM X1 #�i �a ' #� 11'' q Existing Parking Structure 111 111 Proposed 194,650 M,750 grade — not counted) • Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 7 of 14 • As previously mentioned, the bulk of the existing development was considered and approved in 2004 when the City approved a portion of the development to be general office. At that time, the bulk and height of the buildings with the presence of the -parking structure were considered acceptable and not an abrupt scale change. However, since the construction of the new proposed parking structure will cause the bulk to further exceed the maximum bulk limitation, Section 20.63.060 of the Zoning Code requires the following 4 findings to be made in order to allow a development to further exceed the building bulk limit: a. The increased development, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area. As previously mentioned, the proposed parking structure is approximately 32 -feet in height and will replace an existing 86,076 sq. ft., 38.6 -foot high office building. Since the parking structure will not exceed the height of the existing building, it is not anticipated to be an intrusive element within the area. The location of the new parking structure backs up to the existing City Yard and is proposed to be screened from Newport Boulevard with trees and .landscaping. As a result, the project will appear to remain much the same as the existing development'dnd would not be perceived as additional "bulk" on the site. The proposed parking structure is located farthest from the existing residential development to the south and is separated by abutting streets, parking areas • and landscaping within the overall campus. The parking structure has been designed to be open with natural ventilation and one floor located below grade. The use of glass and perforated metal panels on the parking structure will provide a "transparency" that will help break up the visual massing of the building. b. That the proposed use and structures, including above grade covered parking, are compatible with the surrounding area. The use of the site for general office, medical office and industrial uses is consistent with the General Industrial Land Use Designation of the General Plan as well as the M- 1-A zoning designation. The proposed development will substitute a new parking structure in place of the demolished office building and will not significantly change the existing visual character or quality of the site or its surroundings. Additionally the proposed parking structure will support the increased parking needs of the existing R &D /general offices uses and proposed medical office use. As stated, the structure itself is located adjacent to the City's Corporate Yard and land use conflicts are not anticipated. Additionally, the structure is separated from nearby residential uses by existing buildings on -site, abutting streets, parking areas and open space provided within the overall campus. c. The increased development, including above grade covered parking, will not result in significant impairment of public views. • No public views exist through the site; therefore this finding does not apply. Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 8 of 14 d. That the site is physically suitable for the development proposed, including above grade covered parking, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. The project site is physically suitable for the proposed development as it is located in a fully developed and urbanized area, and does not contain any sensitive habitat or natural resources. The site itself is developed with the existing technology center, a large parking structure, and surface parking. Although the property is devoid of slopes, the site is bounded by a 25- to 30 -foot descending slope along the eastern property boundary. The proposed parking structure is located approximately 60 feet from the top of the slope at its nearest point, and the potential for gross instability of the slope affecting the parking structure is low, especially since the existing building is located in the same position and has not experienced any subsidence issues to date. An initial study has been prepared which considered all physical aspects of the project including setbacks, site access, landscaping, open space, building height, available parking, and available utilities, and determined that no significant environmental impacts should occur as a result of project - implementation. Parking The project proposes a total of 1,985 parking spaces to be provided in the two parking structures and in the surfE .proposed mix of land uses, follows: Office Research and mechanical, ce parking. Based on the parking code requirements for the a total of 1,222 parking spaces is required and is calculated as 97,000 sq.ft. 96,414 1 1/500 sq.ft. ing count is anticipated to vary and structural components. b'H 763 193 As shown, the project will provide sufficient parking to accommodate the proposed mix of uses. In addition, the proposed surplus in parking could accommodate full use of the site for medical offices, consistent with the 2006 Land Use Element limitation, should the applicant seek such as request in the future. i Cl • Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 9 of 14 • Shuttle Operation The applicant proposes a shuttle service that will consist of a 20 passenger van that will provide transportation services for physicians and patients between Hoag Hospital and the .project site between the hours of 7:00 a.m. and 7:00 p.m. The original shuttle route proposed by the applicant consisted of a van driver accessing a card activated gate (for the shuttle only), at the northerly terminus of Flagship Road at the Hoag Health Center parking lot. The route would then be to exit out on the Flagship entrance, travel down Flagship, turn left at the Placentia entrance, and onto Hospital Road for drop -offs at various other locations on the hospital campus. The shuttle route would then be reversed. Although no significant traffic impacts were identified with the proposed route, the traffic study and Traffic Engineering Department has recommended a preferred alternative route that the applicant has agreed to follow. The preferred route will be to exit the project central driveway on Superior Avenue and turn right, travel north to Industrial Way and turn right, travel east to Newport Boulevard and turn right, and travel south to fi Hospital Road and turn... right, at the .main hospital entrance for drop -offs at various..... locations on the Hoag Hospital campus. The route would then be reversed. The route would have no access to Flagship Road or Dana. Road and avoids travel adjacent to ;5 residences and convalescent homes. Conditions of approval have been incorporated requiring the shuttle route to avoid the • use of local streets (i.e. Dana Road and Flagship Road) and residential areas. The shuttle route will be restricted to the City's arterial system (i.e. Newport Boulevard, Superior Avenue, Placentia Avenue, Hospital Road). Traffic Study A traffic study is required pursuant to the Traffic Phasing Ordinance (TPO) when a project will generate in excess of 300 average daily trips (ADT). The City Traffic Engineer prepared a preliminary estimate of trips and concluded that a traffic study would be required. A traffic study was then prepared by Kunzman Associates under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines (Exhibit No. 2). The traffic analysis also included a cumulative analysis. Trip generation rates were developed from two sources. The City of Newport Beach trip generation rates are derived from the Newport Beach Traffic Analysis Model ( "NBTAM ") and were used for analysis of Newport Beach intersections. The City of Costa Mesa trip generation rates are derived from the Institute of Transportation Engineers, Thp Generation, 7th Edition (2003) and were used for evaluation of Costa Mesa intersections. The Traffic Phasing Ordinance ( "TPO ") analysis was required only for primary intersections in the City of Newport Beach. For the purposes of studying the cumulative impacts, the traffic study analyzed intersections in the City of Costa Mesa, utilizing the ITE trip generation rates. • Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 10 of 14 Based on the mix of proposed uses, the project would result in the generation of 2,917 • additional trips per day based on the NBTAM trip generation rates, including 55 additional a.m. peak hour trips and 210 p.m. peak hour trips. Based on the ITE trip generation rates utilized to analyze impacts at intersections in the City of Costa Mesa, a total of 1,896 additional trips are anticipated as a result of project implementation, including —1 additional trip during the a.m. peak hour and 145 trips during the p.m. peak hour. Based on discussions with the Cities of Newport Beach and Costa Mesa staff, the following list intersections were evaluated: Orange Street/West Coast Highway DRAW= . Newport Beach Superior Avenue/Hospital Road Newport Beach Superior Avenue/West Coast Highway Newport Beach Placentia Avenue/Superior Avenue Newport Beach Placentia Avenue /Nos ital Road Newport Beach . New ort BoulevardlHos ital Road Newport Beach New ort�Boule3atdNUest Coast Highway Newport Beachr Riverside Avenue/West Coast Highway Newport Beactn=' Irvine Avenue/17 jStreet Newport Beach /Costa Mesa Superior Avenue /17 Street Costa Mesa Newport Bouelvard /19 Street Costa Mesa Newport Boulevard/Harbor Boulevard Costa Mesa Newport Boulevard/18 Street- Rochester Street Costa Mesa Newport Boulevard/17 Street Costa Mesa Newport Boulevard /Industrial Way Costa Mesa Orange Avenue/17 Street Costa Mesa TPO Analysis Potential impacts to the nine intersections in the City of Newport Beach were analyzed using the one percent methodology required by the TPO. Eight of the nine intersections experienced a peak hour traffic volume increase of larger than one percent and required additional analysis utilizing the Intersection Capacity Utilization (ICU) methodology. Only the Riverside AvenueNVest Coast Highway intersection did not exceed the one percent threshold and, therefore, did not require additional analysis. ICU values are calculated based on the volume of traffic using the intersection compared to the capacity of the intersection. A Level of Service (LOS) rating (A through F) is then assigned to the intersection based on the ICU value. The City of Newport Beach considers LOS A through D to be operating satisfactorily, while LOS E and F are considered unsatisfactory operating conditions. According to the City's established significance threshold criteria, a significant impact would occur if project - generated traffic would cause an intersection to deteriorate from LOS D or better to LOS E or F. For intersections operating at LOS E or F under existing conditions, a significant impact r � would occur if project- generated traffic would increase the ICU value by 0.01 or more. • Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 11 of 14 • Based on the TPO ICU /LOS analysis, all eight study intersections will continue to operate at satisfactory levels of service during both the a.m. and p.m. peak hours. Therefore, pursuant to the TPO, no mitigation is required. Cumulative Traffic Analysis The cumulative analysis reflects the future (2008) development scenario that includes development of "cumulative" projects identified by the Cities of Newport Beach and Costa Mesa as well as the project. Reasonably foreseeable projects and approved projects that are not included in the committed project list were added to project related traffic and evaluated. The analysis of Newport Beach intersections using NBTAM rates showed that all of the intersections will continue to operate acceptable levels of service. The analysis indicates that four intersections in the City of Costa Mesa, using the ITE trip rates, are currently forecast to operate at an unacceptable level of service (LOS E) in the 2008 with approved projects and cumulative projects. The intersections are: • Newport Boulevard /19th Street (LOS E during the a.m. and p.m. peak hours) :Newport Boulevard /Harbor Boulevard (Los E during the pm. peak hour). • Newport Boulevard/le Street - Rochester Street (LOS E during the;p.m 'peak hour) , • Newport Boulevard /17th Street (LOS E during the a.m. and p.m. peak hours) When the project- related traffic is added to the future traffic scenario for 2008; the same • intersections are forecast to continue operating at LOS E; however, because the project - generated traffic will not result in an ICU value increase of 0.01 or more at those study intersections, less than significant impacts to traffic circulation are anticipated and no mitigation is required. Circulation A number of on -site circulation and site access improvements were recommended by the Public Works Department to avoid potential vehicle conflicts and improve on -site circulation. Many of these improvements were related to drive aisle alignment with parking aisles and the entrance to the parking structure to prevent back -up and eliminate conflicts at T- intersections. Additionally, the southerly driveway. on Superior Avenue (adjacent to Dana Road) was recommended to be restricted to right -turn in and right -turn out. The applicant has since worked with the traffic engineering staff to resolve these issues and the changes are reflected in the latest design. Conditions of approval have been incorporated requiring the on -site parking (surface and structure), vehicular circulation and pedestrian circulation systems to be reviewed and approved by Traffic Engineering prior to permit issuance. A traffic signal warrant analysis was also performed for a potential signalized intersection at Superior Avenue and the main project driveway (central driveway). The analysis indicates that a traffic signal is warranted due to traffic volumes. Although • significant traffic impacts or hazards are not anticipated to occur with project approval and without a traffic signal, the project would benefit from enhanced access and the Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 12 of 14 applicant would prefer to have the signal. The only issue is the lack of available right -of- • way precisely where the signal would be located. A 20 -foot wide right -of -way dedication is needed from the mobile home park site along Superior Avenue located across from the project site (see vicinity map). It has been a goal of the City to acquire the dedication and complete the widening of Superior Avenue for some time; however, until the City can acquire the dedication, the traffic signal and planned street widening can not be accommodated. Therefore, traffic engineering staff has conditioned the project to post a 10 -year bond for the installation of the traffic signal at the main project driveway and roadway improvements (medians, striping, planting) prior to the issuance of any permit for medical offices at the site. Since it is unknown exactly when they City may be able to acquire the needed right -of -way, the City will be responsible for completing the traffic signal and street improvements upon acquisition of the right -of -way and the applicant will be required to reimburse the City for all costs associated with the improvements. Should the City, not be able to acquire the dedication within the 10 year bond period, the applicant will no longer be responsible for the cost of improvements. General Use Permit Findings In, addition to the required findings for the increased building bulk': request, the Zoning Code requires the Planning Commission make certain general findings for use permit requests, including the request for the medical office use. These findings are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code • and the purposes of the district in which the site is located. The project is .located in the -M -1 -A (Controlled Manufacturing) zoning district which provides for a wide range of moderate to low intensity industrial uses and limited accessory and ancillary commercial and office uses. As previously mentioned, Business and Professional Office uses are permitted within the M-1 -A zone, with the exception that medical offices require the approval of a use permit. The proposed medical office use and parking structure development, in combination with the existing general office and R &D use, is consistent with this designation. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The proposed medical office use, pursuant to the conditions which it will be operated and maintained, is consistent with the Medical Commercial Office (CO -M) land use designation of the 2006 Updated General Plan Land Use Element, which provides primarily for medical- related offices, other professional offices, retail, short-term • Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 13 of 14 • convalescent and long -term care facilities, research labs, and similar uses. The proposed overall total gross floor area of the site (329,414 sq. ft.) is below the 350,000 square foot development limitation allocated for the site. The proposed parking structure will support the increased parking needs of the site as a result of the introduction of medical offices and the redistribution of general office and R &D uses. The traffic study has determined that the increased traffic generated as a result of project implementation will not result in significant impacts to intersections or traffic circulation in the City of Newport Beach, nor in affected intersections in the City of Costa Mesa. Additionally, all physical aspects and possible effects of project implementation has been reviewed with the initial study and has been determined that no environmental impacts would occur. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The Municipal Code does not provide any specific conditions for this type of use; however, the project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. ENVIRONMENTAL REVIEW A Mitigated Negative Declaration (MND) has been prepared by Keeton Kreitzer • Consulting for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The MND is attached as Exhibit No, 3. The MND identifies four (4) issue areas with 9 mitigation measures. Those issues are: Aesthetics, Cultural Resources, Air Quality, Hazards /Hazardous Materials, and Noise. The MND was circulated for public review between October 16 and November 14, 2006. Staff has not received any comments on the MND as of the date of staff report preparation. Staff will prepare responses to comments for consideration, if comments are received, and present them to the Planning Commission at the November 10h hearing. 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 environmental assessment process has also been noticed in a similar manner and all mandatory notices per the California Environmental Quality Act have been given. Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. • Hoag Healthcare Center (PA 2006 -113) November 16, 2006 Page 14 of 14 SUMMARY Staff believes the proposed 97,000 square foot conversion of general office/R &D use to medical office use is a more effective and reasonable use of the site and should provide for a high level of medical services and support for Hoag Hospital. Additionally, the proposed parking structure has been designed to be consistent and compatible with the existing development through building height, massing and architectural character, and as a result, will remain much the same as the existing development and will not be perceived as additional bulk on the site. Therefore, staff recommends the Planning Commission approve Use Permit No. 2006 -010 and Traffic Study No. 2006 -001. Prepared by: ,Jefme Wrillo, Associate Planner Exhibits Submitted by: 1. Draft Resolution of approval 2. Draft Traffic Study No. 2006 -001* 3. Initial Study & Mitigated Negative Declaration* 4. Project Plans Vii►. David Morning *Distributed separately due to bulk. Available for review at the Planning Department. C� U r 1 L J 0 EXHIBIT 1 Draft Resolution i� RESOLUTION NO. _ • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -010 AND TRAFFIC STUDY NO. 2006 -001 FOR PROPERTY LOCATED AT 500 -540 SUPERIOR AVENUE (PA2006 -113). WHEREAS, an application was filed by Newport Beach Healthcare Center, LLC requesting approval of Use Permit No. 2006 -010 and Traffic Study No. 2006 -001, with respect to properties located at 500 -540 Superior Avenue, more specifically located west of Newport Boulevard, east of Superior Avenue, and north of Dana Road, to allow the conversion of 97,000 square feet of research and development (R &D) /general office use to medical office use. The request also includes the demolition of an existing building and the construction of an additional parking structure that exceeds the maximum building bulk limitation for the site. Additionally, the applicant requests approval of a traffic study pursuant to the City of Newport Beach .Traffic Phasing Ordinance (TPO); and % WHEREAS, a public hearing was held on November 16, 2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meting was given in accordance with the Municipal Code. • Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the proposed medical office use, pursuant to the conditions which it will be operated and maintained, is consistent with the Medical Commercial Office (C0= M) land use designation of the 2006 Updated General Plan Land Use Element, which provides primarily for medical- related offices, other professional offices, retail, short- term convalescent and long -term care facilities, research labs, and similar uses. The project site, in particular, is allocated a precise development limitation of 350,000 square feet of floor area. The proposed intensity of development with the demolition of an existing 89,079 square foot building and the proposed medical office use is consistent with this designation; and WHEREAS, the subject property is located within the M -1 -A (Controlled Manufacturing) zoning district which provides for a wide range of moderate to low intensity industrial uses and limited accessory and ancillary commercial and office uses. Business and Professional Office uses are permitted within the M-1 -A zone, with the exception that medical offices require the approval of a use permit. The proposed project is consistent with this designation and complies with all development standards with the exception of building bulk. With the implementation of the new CO -M land use designation, the zoning of the site will change to one that will facilitate medical office use and the project should • not conflict with future zoning implementation; and )(0 • Planning Commission Resolution No. _ Page 2 of 14 WHEREAS, a traffic study for the proposed project has been prepared and approved in compliance with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code for the following reasons: A traffic study, entitled, "City of Newport Beach, Hoag Healthcare Center Traffic Impact Analysis dated September 27, 2006" was prepared by Kunzman Associates for the project in compliance with Chapter 15.40 of the Municipal Code (Traffic Phasing Ordinance). 2. Trip generation rates were developed from two sources. The City of Newport Beach trip generation rates are derived from the Newport Beach Traffic Analysis Model ( "NBTAM ") and were used for analysis of Newport Beach intersections. The City of Costa Mesa trip generation rates are derived from the Institute of Transportation Engineers, Trip Generation, 7t" Edition (2003) and were used for evaluation of Costa Mesa intersections. The Traffic Phasing Ordinance ( "TPO ") analysis was required only for primary intersections in the.City of Newport Beach. For the purposes of studying the cumulative impacts, the traffic study analyzed intersections in the City of Costa Mesa, utilizing the ITE trip generation rates. 3. The traffic study indicates that the project will increase traffic on eight of nine • studied primary intersections in the City of Newport Beach by one percent (1 %) or more during peak hour periods one year after the completion of the project. 4. Utilizing the Intersection Capacity Utilization (ICU) analysis specked by the Traffic Phasing Ordinance, the traffic study determined that the eight primary intersections identified will continue to operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance, and no mitigation is required. 5. The traffic study also performed a cumulative traffic analysis, including an analysis of seven intersections in the City of Costa Mesa. Reasonably foreseeable projects and approved projects that are not included in the committed project list were added to project related traffic and evaluated. The conclusion of this analysis also indicates that there will be a less than significant impact to traffic circulation and that no mitigation is required. 6. Based on the weight of the evidence in the administrative record, including the traffic study, the implementation of the proposed mix of uses will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection. 7. Construction of the project will be completed within sixty (60) months of this approval, or the approval of a new traffic study will be required. n U 11 Planning Commission Resolution No. Page 3 of 14 WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have • been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public comment between October 16 and November 14, 2006. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project; and, WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. WHEREAS, the maximum building bulk limitation for the sit is the base floor area limit (0.5) plus 0.25 for a maximum of 0.75, or 447,295 square feet. The proposed project consists of a total of three buildings and two 4- level parking structures, resulting in a total bulk area of 747,202 square feet. A use permit for the increased building bulk has been prepared and approved in accordance with Section 20.63.060 (Floor Area Ratios and Building Bulk) of the Newport Beach Municipal Code, for the following • reasons: The increased development will not create abrupt changes in scale with development in the surrounding area because the proposed parking structure will not exceed the height of the existing building it replaces and should therefore not be considered an intrusive element within the area. The location of the new parking structure backs up to the existing City Yard and is proposed to be screened from Newport Boulevard with trees and landscaping. The proposed parking structure is located farthest from the existing residential development to the south and is separated by abutting streets, existing multi -story buildings, parking areas and landscaping within the overall campus. The parking structure has been designed to be open with natural ventilation and one floor located below grade. The use of glass and perforated metal panels on the parking structure will provide a "transparency" that will help break up the visual massing of the building. 2. The proposed parking structure will be compatible with the surrounding area since it is located adjacent to the city corporate yard and separated from nearby residential uses by abutting streets, parking areas and open space. The project will substitute a new parking structure in place of the demolished office building and will not significantly change the existing visual character or quality of the site or its surroundings. Additionally, the proposed parking structure will support the • Planning Commission Resolution No. Page 4 of 14 • increased parking needs of the existing R &D /general offices uses and proposed medical office use by providing additional parking opportunities. 3. The increased development will not result in significant impairment of public views as public views do not exist through the site. 4. The site is physically suitable for the proposed development as it is located in a fully developed and urbanized area, and does not contain any sensitive habitat or natural resources. The site itself is developed with 4 R &D /office buildings, a large parking structure, and surface parking. Although the property is devoid of slopes, the site is bounded by a 25- to 30 -foot descending slope along the eastern property boundary.. However, the proposed parking structure is located approximately 60 feet from the top of the slope at its nearest point. Therefore, the potential for gross instability of the slope affecting the parking structure is low, especially since the existing building is located in the same position and has not experienced an subsidence issues to date. An initial study has been prepared which considered all physical aspects of the project including setbacks, site access, landscaping, . open space, building height, available parking, and available utilities, and determined that no significant environmental impacts should occur as a result of project implementation. • WHEREAS, the proposed project, pursuant to the conditions under which it will be operated and maintained, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: Medical office use is permitted within the General Industry General Plan land use designation, as well as the Controlled Manufacturing (M-1 -A) Zoning District, with the approval of a use permit. 2. The parking structure is located adjacent to the City's Corporate Yard and is separated from residential uses by abutting streets, parking areas, and open space within the overall campus. 3. The proposed parking structure has been designed to be consistent and compatible with the existing development through building height, massing, and architectural character, and as a result, will remain much the same as the existing development and will not be perceived as additional bulk on site. 4. The project is proposed to provide a total of 1,985 parking spaces on -site, exceeding the minimum code requirement by 763 spaces, thereby providing sufficient parking to accommodate the proposed uses. n U IN Planning Commission Resolution No. _ Page 5 of 14 5. The Traffic Engineering Department has reviewed the proposed shuttle operation • and has approved a safe route and operation that will avoid travel adjacent to residences and convalescent homes. 6. The traffic study has determined that the increased traffic generated as a result of project implementation will not result in significant impacts to intersections or traffic circulation in the City of Newport Beach, nor affect intersections in the City of Costa Mesa. 7. An environment review and analysis was performed for the project and was determined that no environmental impacts would occur as a result of project implementation. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the 46vironment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby adopts Mitigated Negative Declaration SCH No. 2006- 101105 included therewith. The document and all material, which constitute the record • upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. Section 2. Based on the aforementioned findings, the Planning Commission hereby recommends approval of Use Permit No. 2006 -010 and Traffic Study No. 2006- 001, all subject to the Conditions of Approval in Exhibit 'A" attached hereto and made hereof. PASSED, APPROVED AND ADOPTED THIS 16h DAY OF NOVEMBER, 2006. AYES: 1 ABSENT: BY: Jeffery Cole, Chairman BY: •Robert Hawkins, Secretary r,' 11 Planning Commission Resolution No. _ Page 6 of 14 Exhibit "A" Conditions of Approval Use Permit No. 2006 -010 & Traffic Study No. 2006 -001 Planning Department The development shall be in substantial conformance with the plans dated November 6, 2006, except as modified by other conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. .Q 4. Project approvals shall expjre unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in • accordance with applicable regulations. 5. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the use or one or more of the conditions set forth herein is not being complied with, or the manner in which the project 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. 6. The project site may be occupied by no more than 97,000 square feet of medical office use and 136,000 square feet of general office use. The remaining floor area (96,414 square feet minimum) shall be occupied by research and development uses. The. Planning Director shall review all building plans, future tenant improvement plans and /or business plans for all prospective tenants proposed to be classed as research and development uses to make a finding that the tenant occupancy is a use that is consistent with Section 20.20.020 of the Newport Beach Municipal Code, and further as defined in Section 20.05.060 (B), (D), and (F). 7. The applicant may proceed to lease medical office space during the construction of the parking structure; however, the project site shall maintain the minimum number of parking spaces required by the Zoning Code for the operating mix of uses during such time. • 8. The final design of the parking structure shall provide all architectural treatments as Planning Commission Resolution No. Page 7 of 14 proposed and approved. 9. No ancillary parking shall be permitted to occur at the project site for the use of Hoag Hospital, except during a one -year interim period to facilitate the completion of Hoag Hospital's construction of the Lower Campus (so long as that the minimum parking to facilitate the operation of the mix of on -site uses is provided). 10. Prior to issuance of building permits for any new. construction, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and any adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. Except for that portion of the landscape plan that is subject to the approval of the Planning Commission, the landscape plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be .provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture- sensor. Planting areas adjacent to vehicular activity shall be k- }� protected by a continuous concrete curb or similar permanent barrier. Landscaping �Ni shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 11.AII landscape materials and landscaped areas shall be maintained in accordance • with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 12.AII mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 13. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in Condition Nos. 48 & 49. 14. Prior to the issuance of a building permit or within 30 days of receiving a final notification of costs, the applicant shall be responsible for the payment of all administrative costs identified by the Planning Department. 15. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. • Planning Commission Resolution No. . Page 8 of 14 • 16. 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 and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform the tenant if possible, leave a note, and in some cases shut off the water. 17.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. 18. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the Applicant shall complete all required repairs. 19.Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 20. Reclaimed. water shall be used whenever available, assuming it is economically feasible.. Ye Building Department • 21.The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 22.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. 23.The size, layout, path of travel and dispersion of the disabled parking stalls shall be reviewed and approved by the Building Department prior to the issuance of permits and shall comply with code requirements. 24.The proposed open parking garage occupancy (S-4) and basement occupancy separation shall comply with Sections 311.2.2.2 of the California Building Code (CBC 2001). 25. Compliance with ADA code requirements shall be verified for the existing parking structure on -site and updated as required by the Building Department. 26.Canopies shall be provided above the disabled parking stalls at the other buildings within the project site per Section 11096.2 of the California Building Code, unless otherwise approved by the Building Department. • a3 Planning Commission Resolution No. _ Page 9 of 14 Fire Department 27.Any elevators proposed shall be gurney accessible in accordance with Chapter 30 of the California Building CODE, 2001 Edition. 28.The Fire Chief may require the submittal for approval of geological studies, evaluations, reports, remedial recommendations and /or similar documentation from a state - licensed and department approved individual or firm, on any parcel of land to be developed which: - Has, or is adjacent to, or within 1,000 feet (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage; or - May contain or give off toxic, combustible or flammable liquids, gases, or vapors. 29.Automatic fire sprinklers shall be provided and the use .of,Class It standpipe is required. 30. The fire sprinkler system shall be monitored. Public Works Department 31. ADA compliant paths shall be provided within the areas identified and affected by the project's scope of work. 32 submit a construction managemen t by the Public Works Department phasing; parking arrangements for routes and construction mitigation. responsible for implementing and approved plan. on and grading of the project, the applicant shall and delivery plan to be reviewed and approved The plan shall include discussion of project both sites during construction; anticipated haul Upon approval of the plan, the applicant shall be complying with the stipulations set forth in the 33.Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 34.Vehicular traffic on Dana Road and Flagship. Road shall not be impacted by private construction work. • U • Planning Commission Resolution No. _ Page 10 of 14 35.A haul route permit shall be required for any large construction related vehicle (i.e. dirt hauling vehicle). 36. No construction material shall be staged or stored within the public right -of -way. 37. Prior to issuance of buildino permits for new construction, the on -site parking (surface and structure), vehicle circulation and pedestrian circulation systems shall be subject to further review and approval by the Traffic Engineer. 38. The intersection of the driveways and streets shall be designed to provide adequate sight distance per City Standard STD - 110 -L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 39. The southerly driveway (adjacent to Dana Road) shall be restricted to right -turn in • and right -turn out. The method to reinforce (i.e. signage, median, etc.) the right -turn in and right -turn out driveway shall be reviewed and approved by the Public Works Department. • 40.The van shuttle between Hoag Hospital and the project site shall not use local streets (i.e. Dana Road and Flagship Road) and residential areas. The shuttle route shall be restricted to the City's arterial system (i.e. Newport Boulevard, Superior Avenue, Placentia Avenue, Hospital Road). 41. Prior to the issuance of any medical office tenant improvement Permits, the applicant shall post a 10 -year bond for the traffic signal installation at the main project driveway (center driveway) and roadway improvements (medians, striping, planting). Upon acquisition of the required right -of -way needed to accommodate the improvements, the City will be responsible for completing the traffic signal installation and street improvements, and the applicant shall reimburse the City for all costs associated with the improvements. 42. The applicant shall employ the following .best available control measures ( "BACMs ") to reduce construction- related air quality impacts: Dust Control Water all active construction areas at least twice daily. Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging • areas. a5 Planning Commission Resolution No. Page 11 of 14 Sweep or wash any site access points within two hours of any visible dirt • deposits on any public roadway. Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90 -day low -NOx tune -ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. 4, • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. 43. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 44. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The • a�° Planning Commission Resolution No. Page 12 of 14 • WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 45.A list of "good house - keeping' practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 46.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 pm. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 47. Prior to the issuance of grading permits, the applicant shall prepare a water system • and a sanitary sewer system demand study on the existing facilities that will serve the portion of the site impacted by the proposed development. These studies shall be submitted to the City of Newport Beach prior to issuance of the demolition permit. The owner shall bear the costs of all water and/or sanitary sewer systems improvements required by the development. Mitigation Measures of the Mitigated Negative Declaration 48.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. 49. Prior to the issuance of building permits, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Department. 50. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct a pre - grading conference, shall establish procedures • for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the 9-1 Planning Commission Resolution No. _ Page 13 of 14 sampling, identification and evaluation of the artifacts as appropriate. If additional or • unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and /or salvage. These actions; as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. . 51. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre- grading conference, shall establish procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the fossils as appropriate. If major paleontological resources are discovered that require long -term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which mitigation and disposition of the resources shall' be subject to the approval of the Planning Director. 52.In accordance with the Public Resources Code 5097.94, if human remains are found, the Orange County Coroner must be notified within 24 hours of the discovery. • If the coroner determines that the remains are not recent, the coroner shall notify the Native American Heritage Commission (NAHC) in Sacramento to determine the most likely descendent for the area. The designated Native American representative shall then determine, in consultation with the property owner, the disposition of the human remains. 53.The applicant shall prepare a plan that prescribes appropriate building management measures to control vapor intrusion into the buildings at the site. The Building Management Plan shall be submitted to either the RWQCB, the Orange County Health Care Agency, and/or DTSC for approval prior to the issuance of the building permit for the project. 54.The applicant shall prepare a soil profile plan that characterizes the excavated soils that would be reused or removed from the site. This plan shall be submitted to either the RWQCB, the Orange OCHCA, and/or DTSC for approval prior to the issuance of the building permit for the project. 55.In the event that hazardous waste is discovered during site preparation or construction, the applicant shall ensure that the identified hazardous w aste and /or hazardous materials are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code Division 20, Chapter 6.5), standards established by the California Department of • Planning Commission Resolution No. _ Page 14 of 14 • Health Services and office of Statewide Planning and Development, and according to the requirements of the California Administrative Code, Title 30. 56. Prior to the issuance of the demolition permit, the project applicant shall prepare a construction staging plan that reflect the locations of the construction and staging areas on the subject property, which shall be located as far away from the nearby residential development as possible to reduce temporary noise impacts. • • P EXHIBIT 2 Draft Traffic Study No. 2006 -001 (Distributed separately due to bulk) 0 n U is C_ EXHIg1T 3 Initial Study & Mitigated Negative Declaration p,stributed separately due to bulk) 5 ✓ +1�WN5 , _ Y `✓x " F7 �E'`f tC2 �� 'CS`, r i "pl, 11 a 3 y{ s+ x3N ✓�*�rt���"�{S� a h t ri ♦♦of 'c'�'�"" r � �yT� � � f � s .G ✓"+�IXCY 4�n� F� s d 'm }uhf} f 1. 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