HomeMy WebLinkAbout3a_Correspondence_PA2011-056IlBANEY ZHISMAN MED11CAE GR®Ulf-orrespondence
AIDAN A. RANEY, M.D.
DOUGLAS R. ZUSMAN, M.D.
GOLIN I. JOYO, M.D.
JACQUES KPODONU, M.D.
ANTHONY D. GAFFARELLI, M.D.
April 3, 2013
City of Newport Beach
Planning Commission
City Council Chambers
3300 Newport Boulevard
Newport Beach, CA 92663
GARDIOVASOULAR AND THORACIC SURGERY
447 OLD NEWPORT BOULEVARD, SUITE 200
NEWPORT BEACH, CALIFORNIA 92663
R@CEIV&D
By
COMMUNITY
APR 03 2013
No. 3a
441 Old Newport Medical
Office Building
PA2011 -056
TELEPHONE (949) 650-3350
FACSIMILE (949) 650 -1274
0. OEVELOp MENT
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RE: �G
NFINPORT �
RE: April 3, 2013, Planning Commission Agenda Item #3 -441 Old Newport Medical Office Building —
(PA2011 -056) Conditional Use Permit No. UP2011 -011
Dear Commissioners:
We respectfully request the denial of the above referenced application for a conditional use permit. The
staff report is making a favorable recommendation that the conditional use permit be approved based
on temporary solutions to a permanent problem. We are requesting a denial based on the following
facts:
1. Page 4 of the staff report discusses the Reciprocal Parking Easement Agreement with the
property owner at 445 Old Newport Boulevard. On April 3, 2013 at 2:35pm we spoke with the
bankruptcy attorney, Mr. Sheldon Herbert, who confirmed that the property is still in
bankruptcy proceedings. While he does believe that the property will be awarded to the
original owner the proceeding have not yet been finalized. Furthermore, the original owner, Sid
Soffer, passed away in 2007. Therefore, the property would be subject to probate court if in
fact it is awarded back to the original owner.
Neither the staff report nor the Reciprocal Parking Easement Agreement addresses the
dilapidated condition of the "main" structure on the property. The restaurant that existed was
closed several years ago and the building has fallen into complete disrepair (see attached
photographs). There are feral cats and rodents on the property. The windows to both the
restaurant and shed have been broken and were only recently boarded up. The only
improvements discussed in the report relate to paving and grading as well as demolition of the
storage shed. There is no discussion of main building and the potential safety hazards it poses
due to the current condition of the structure.
3. The Reciprocal Parking Easement Agreement discusses the use of the property at 445 Old
Newport as though it was a viable, functioning restaurant. In fact, no restaurant exists —just an
old broken -down building that requires demolition. If Sid's family were able to take ownership
of the property at 445 Old Newport and they were able to open a new restaurant, their hours of
FELLOWS AMERIGAN COLLEGE OF SURGEONS
DIPLOMATES AMERIGAN BOARD OF SURGERY AND THORAGIG SURGERY
operation would need to be such that they do not interfere with the daytime parking
requirements of the property at 441 Old Newport; meaning the restaurant could not open for
business until after 6:OOp.m. Is the City of Newport Beach going to monitor the parking
situation when these hours of operation inevitably conflict?
4. In the staff report, Facts in Support of Finding, #2, one of the required conditions of approval
relates to the applicant notifying the City if there are any changes to the off -site parking lot. if
these changes occur after the property at 441 Old Newport has long -term lease agreements in
place, how will the City enforce the reduction of medical office use in proportion to the lack of
parking spaces?
5. If the property at 445 Old Newport is improved, where will all the additional cars park during the
construction term?
As owners of the property at 447 Old Newport Boulevard, we are very concerned that our parking lot
will be negatively impacted if this permit is approved. We are requesting that the applicant be held to
the same requirements for parking as the other operating businesses in the area. Granting approval of
the applicant's request forthis conditional use permit would provide a temporary solution favoring the
property at 441 Old Newport Boulevard while creating a permanent problem for the surrounding
property owners that have complied with the parking requirements the City of Newport Beach. We urge
you to reconsider the staff recommendation and require 441 Old Newport to remain commercial, not
medical or find a parking solution that is permanent and without conditions.
Thank you for your time.
Sincerely,
Aldan A. Raney, M.D. Ann G. Raney
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