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HomeMy WebLinkAbout3.0 - Newport Jewish Center - PA2013-206CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 23, 2014 Meeting Agenda Item No. 3 SUBJECT: Newport Jewish Center - (PA2013 -206) 2240 University Drive Conditional Use Permit No. UP2013 -023 APPLICANT: Newport Jewish Center PLANNER: Jason Van Patten, Planning Technician (949) 644 -3234, jvanpatten @newportbeachca.gov PROJECT SUMMARY The applicant proposes to convert the second floor of an existing two -story office building into a religious facility. A conditional use permit is required to allow the assembly use, and to establish a parking management plan allowing for joint use of the common area parking lot during evenings and weekends. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2013 -023 (Attachment No. PC 1). Protect Setting The subject property is located at the end of University Drive and is bordered to the south by Upper Newport Bay Regional Park. The site is comprised of five individual parcels which are developed with four multi -story office buildings (67,951 sq. ft. total) and a common area parking lot consisting of 255 parking spaces. The subject parcel occupies 19,262 square feet (0.44 acres) of a 178,395 square -foot project site (4.09 acres). Other surrounding land uses include single - family residential to the north and east and a YMCA facility to the west. Project Description The applicant proposes to convert the second floor (8,958 net sq. ft.) of an existing two - story office building (16,932 net sq. ft.) into a religious facility. No increase in floor area is proposed, and first floor general office uses will be unchanged. The renovation will Subject Property Common Parking Lot VICINITY MAP r- Newport Jewish Center January 23, 2014 Page 2 GENERAL PLAN ZONING F i ' o- n LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE General Commercial Office General (OG) General Office Complex Office CO -G NORTH Single -Unit Residential Single -Unit Residential Residential Dwellings Detached (RS-D) (R -1 -6000 SOUTH Open Space OS Planned Community PC 44 Upper Newport Bay Regional Park EAST Single -Unit Residential Single -Unit Residential Residential Dwellings Detached RS -D R -1 -6000 WEST Public Facilities PF Public Facilities PF YMCA Facility Newport Jewish Center January 23, 2014 Page 3 consist of a multipurpose room, social hall, and administrative offices, with remaining floor area designated for a children's room, kitchen, library, and storage (Attachment No. PC 7 — Project Plans). The multipurpose room will be used for support groups, workshops, and education classes with the social hall used for lectures, community gatherings, and religious services. A detailed project description is included as Attachment No. PC 3. The anticipated religious facility operation and expected occupancy are as follows: Peak Period Operation Occupancy Daytime, Monday- Friday - General office use 5 employees (9:00 a.m. - 5:30 p.m.) - Weekly support group 15 -25 people - Weekly mommy and me group 10 -15 people Evenings, Monday- Friday - Twice weekly adult education classes 15 -40 people (5:30 p.m. - 10:00 p.m.) - Weekly religious service 40 -60 people - Lectures 207 people - Workshops 20 -40 people - Community shabbat 80 people Weekends - Weekly religious service 40 -60 people - Religious Bar / Bat Mitzvah instruction 150 -200 people During the daytime period, activites may occur simultanously resulting in approximately 45 people on site at one time. During evenings or on weekends, up to a maximum of 207 people may be expected at one time. Therefore, the applicant requests to establish a parking management plan to allow joint use of the parking lot during evenings and weekends to address the increase in parking demand. Analysis General Plan and Coastal Land Use Plan The subject property is designated General Commercial Office (CO -G /COG -B) within the Land Use Element of the General Plan and Coastal Land Use Plan. These designations are intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. Other uses may also be permitted in accordance with these designations. The principal use of the facility is consistent with the General Plan because the religious facility will provide a support service to the community. Newport Jewish Center January 23, 2014 Page 4 Zoning Code The subject property is located within the Office General (OG) Zoning District. Assembly uses are conditionally permitted within the OG Zoning District pursuant to Zoning Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements). Parking The office use previously occupying the site required 36 parking spaces (8,958 sq. ft. / 1 space per 250 sq. ft.). Pursuant to Zoning Code Chapter 20.40 (Off Street Parking), assembly uses require one space per three seats, or one space per 35 square feet used for assembly purposes. Given the expected occupancy, parking demand based on number of seats is as follows: Parking Demand Based on Number of Seats Daytime Evenings/Weekends 1 space per 3 Seats 15 spaces 69 spaces (anticipated maximum occupancy) (45 seats) (207 seats) Parking Spaces Available 36 spaces 255 spaces (maximum seats per use permit conditions) (108 seats) (207 seats) During the daytime the applicant seeks the ability to use both the multipurpose room (1,100 sq. ft.) and social hall (2,016 sq. ft.) for flexibility in operation, but does not intend on using all 3,116 square feet of floor area. The intent is to conduct small group meetings and operate similar to an administrative office. Therefore, a parking demand based on the number of seats is appropriate because it relates with the actual number of people visiting the site. Further, the anticipated parking demand (15 spaces) is based on daytime activities occurring simultaneously. In instances where activities are held on separate days or times, the number of people on site will be reduced, as will parking demand. However, to ensure daytime operations do not generate parking demand beyond what was previously available for the general office use (36 spaces), a condition of approval is included limiting the site to 108 seats (36 spaces x 3 seats) during daytime hours. During evenings and weekends the intent is to maximize the area of assembly which will generate a parking demand of 69 spaces, an increase of 33 spaces as compared to the previous office use. However, during these peak periods, unrestricted use of the 255 space parking lot will be available because office uses sharing the site will generally be closed (Attachment No. PC 4). Still, to conservatively provide for the anticipated operation during evenings and weekends, a condition of approval is included requiring that a minimum of 90 spaces (3,116 sq. ft. / 1 space per 35 sq. ft.) shall be maintained on -site for the proposed assembly use. Newport Jewish Center January 23, 2014 Page 5 Pursuant to Section 20.40.110.6.2 (Adjustments to Off - Street Parking Requirements — Joint Use of Parking Facilities) required off - street parking may be reduced with the approval of a conditional use permit where nonresidential uses on the same site have distinct and differing peak parking demands. In this case, the proposed religious facility has peak parking demand in the evenings and on weekends which are different from office uses sharing the site. The Planning Commission may grant a joint use of parking spaces in compliance with the following conditions: 1. The most remote space is located within a convenient distance to the use it is intended to serve; 2. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking; 3. The probable long -term occupancy of the structures, based on their design, will not generate additional parking demand; 4. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities; 5. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department; and 6. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Staff believes facts exist to support a joint use of parking. The property is developed as an office complex and is anticipated to remain occupied by office uses long term. The parking lot has further demonstrated it is sufficiently convenient for workers and visitors. Moreover, there will be no conflict in parking between the uses, and the proposed religious facility will have unrestricted access to the parking lot as specified by the conditions, covenants, and restrictions (CC &R's) of the Bay Corporate Plaza Association (building owners). The applicant has provided the CC &R's and a letter from the building owners association acknowledging use of the parking lot (Attachment No. PC 5). A draft parking management plan was also prepared to address potential parking conflicts (Exhibit B of Attachment No. PC1). Under the terms of the Parking Management Plan, a minimum of 90 parking spaces shall be maintained on -site for the proposed assembly use during evenings and weekends. Staff has also recommended that in the event any future use should operate during these peak periods, the Parking Management Plan would need to be reevaluated and may require an amendment to the Conditional Use Permit by the Planning Commission. Newport Jewish Center January 23, 2014 Page 6 Use Permit Findings Pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Zoning Code, the Planning Commission must make the following findings in order to approve a Conditional Use Permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist to support the Conditional Use Permit request for the assembly use and a joint use of parking, as demonstrated in the draft Resolution (Attachment No. PC1). The proposed assembly use is consistent with the Zoning Code and General Plan and will provide a support service to the surrounding neighborhood. During the day, the proposed operation will consist of administrative offices and small group meetings which will function similar to adjacent office uses. When increased occupancy is expected during the evenings and weekends, the 255 space parking lot will provide more than adequate parking because surrounding office uses will generally be closed. Anticipated traffic volumes from the proposed assembly use will not result in unsatisfactory levels of service or negatively impact traffic circulation in the area. On weekdays, the assembly use generates fewer daily vehicle trips than the previous general office use (ITE Trip Generation Manual, gth Edition). On weekends, when the assembly use generates increased trips according to the ITE Trip Generation Manual, traffic volumes on surrounding roadways are lower than weekly volumes. Outdoor activities are not proposed, and the location of the site in relation to nearby residential areas is such that it is unlikely that attendees of the assembly use will impact residential neighborhoods. Staff is of the opinion that any future intensification in use or increase in parking demand during peak periods has been adequately addressed by the conditions of approval. The recommended conditions of approval, which include restrictions on the number of seats, noise, and off - street parking, should ensure compatibility with the neighboring properties or residential uses in the vicinity. Newport Jewish Center January 23, 2014 Page 7 Alternatives The Planning Commission may also approve a modified project or deny the application. Should the Planning Commission determine that the required findings cannot be made, the attached Resolution for Denial (Attachment No. PC 2) is provided to facilitate the denial of the project, and would require additional information or findings that the Planning Commission may deem necessary or warranted. Environmental Review Staff recommends that the Planning Commission find the project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Class 1 exempts projects involving negligible or no expansion of a use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The proposed project is limited to interior improvements to convert a previous office use to an assembly use and involves no expansion in floor area. Further, there will be no traffic impacts associated with the assembly use. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: � I � -, ]&CrJ,,W - Jas Van Patten Br n a Wisnes i, ICP, Deputy Director Planning Technician ATTACHMENTS PC 1 Draft Resolution for Approval PC 2 Draft Resolution for Denial PC 3 Applicant's Project Description PC 4 Tenant List PC 5 Letter from Association Regarding Parking PC 6 Site Photographs PC 7 Project Plans Attachment No. PC 1 Draft Resolution for Approval RESOLUTION NO. # # ## A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013 -023 FOR AN ASSEMBLY USE AND A JOINT USE OF PARKING LOCATED AT 2240 UNIVERSITY DRIVE (PA2013 -206) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Newport Jewish Center, with respect to property located at 2240 University Drive, and legally described as Parcel 3 of Parcel Map No. 82 -710 requesting approval of a conditional use permit. 2. The applicant proposes to convert the second floor of an existing two -story office building into an assembly use. No increase in floor area is proposed. The Conditional Use Permit is required to allow the assembly use, and to establish a parking management plan allowing for joint use of the common area parking lot during evenings and weekends. 3. The subject property is located within the Office General (OG) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO -G). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial Office (COG -B). 5. A public hearing was held on January 23, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 1 (Existing Facilities). 2. Class 1 exempts projects involving negligible or no expansion of a use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 3. The proposed project involves a tenant improvement to convert a previous office use to an assembly use, and involves no expansion in floor area. Further, there will be no traffic impacts associated with the assembly use. Planning Commission Resolution No. #### Paqe 2 of 10 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The subject property is designated as General Commercial Office (CO -G) within the Land Use Element of the General Plan which is intended to provide for administrative, professional, and medical offices with limited accessory, retail, and service uses. Other uses may be permitted in accordance with the CO -G land use designation. A -2. The proposed assembly use will consist of religious services, administrative office, and group meetings. The principal use of the facility is consistent with the General Plan because the religious facility will provide a support service to the community. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. The proposed assembly use is located in the Office General (OG) Zoning District, which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. An assembly use is permitted within this Zoning District with the approval of a conditional use permit. B -2. The request to allow joint use of the parking lot is necessary to satisfy the off - street parking requirement for the proposed assembly use during evenings and weekend hours. Joint use of parking in conjunction with the Parking Management Plan is consistent with the Zoning Code because the project involves nonresidential uses on the same site that have peak parking demand occurring at different times of the day. In this case, the proposed assembly use will share the parking lot with office uses, and will have peak parking demand during evenings and weekends, which is outside of normal business office hours. B -3. In finding that the proposed use complies with Section 20.40.110, the following criteria has been considered: i. The most remote space is located within a convenient distance to the use it is intended to serve. Planning Commission Resolution No. #### Paqe 3 of 10 The most remote space is located approximately 285 feet to the east of the building entrance. The existing parking lot is relatively flat, was a part of the original development of the site, and has demonstrated it is sufficiently convenient for workers and visitors. ii. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking. The project does not result in a reduction of parking. The proposed assembly use and existing office uses on -site will be adequately parked based on differing operational hours. iii. The probable long -term occupancy of the structures, based on their design, will not generate additional parking demand. The property was originally developed in 1982 as an office complex for office uses. The development consisting of four multi -story office buildings is anticipated to remain occupied by office uses. The project has been conditioned such that, in the event any future uses operate on weekends and evenings, the Parking Management Plan would be reevaluated by the Community Development Director to ensure adequate parking exists, and an amendment to the Conditional Use Permit may be required by the Planning Commission. iv. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities. The applicant proposes to use the parking lot jointly with existing office uses. Existing office uses will not conflict with the peak periods of the assembly use because these times occur outside of normal business office hours, which are typically 8 a.m. to 5 p.m., Monday through Friday. Conditions of approval have been provided to preclude any conflict during peak parking demand for the proposed uses sharing the parking. V. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department. The parking lot is owned in common by all building owners within the Bay Corporate Plaza Association and use of the facility is regulated by the Declaration of Covenants, Conditions, and Restrictions recorded July 12, 1983 as Instrument No. 83- 299103. A copy of these legal requirements has been filed with the Community Development Department and City Attorney. Pursuant to Section 12.1 of the CC &R's, every member shall have a nonexclusive easement for use and enjoyment in and to the Community Facilities which Planning Commission Resolution No. #### Page 4 of 10 includes the entire parking lot. This will ensure the proposed assembly use has access to, and use of the parking lot. vi. A parking management plan shall be prepared in compliance with subsection 20.40.110.0 (Parking Management Plan). A parking management plan has been prepared, and compliance with said plan has been included as a condition of approval. The purpose of the Parking Management Plan is to ensure that off - street parking is sufficient for the uses sharing the site, and that there will be no conflict in parking during peak periods. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The project is located within an existing office complex in a nonresidential zone. Residential and public facility (YMCA) uses are allowed in the vicinity. The proposed assembly use will provide a support service to surrounding residents and the community. C -2. The proposed conversion of office space to an assembly use only involves a tenant improvement to the second floor of an existing two -story office building with no increase in floor area. C -3. The proposed daytime operation of the assembly use will primarily consist of administrative offices and small group meetings which will function similar to adjacent office uses. The proposed operation with limited weekday assembly use results in minimal daytime parking demand. C -4. The proposed evening and weekend operation will consist of lectures, community gatherings, and religious services. The anticipated off - street parking demand will not impact surrounding uses negatively because adequate parking will be available for all uses sharing the project site. Access to the project site is taken from University Drive and not from adjacent residential neighborhoods further ensuring that the operation will maintain compatibility with uses in the vicinity. The location of the site in relation to nearby residential areas is such that it is unlikely that attendees of the assembly use will park in residential neighborhoods. C -5. Outdoor activities are not proposed as part of the assembly use. C -6. The proposed conditions of approval ensure that the potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. Planning Commission Resolution No. #### Page 5 of 10 Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The project site has demonstrated that it is physically suitable to support the existing development on the property. The addition of an assembly use within an existing building will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. D -2. The project site has demonstrated that it is physically suitable to accommodate the flow of office workers to the site which traditionally have the same or similar hours of arrival. Therefore, the proposed religious services and lectures, which also attract groups of people at the same time, will be adequately served by the existing design of the site. D -3. The Public Works Department, Building Division, and Fire Department have reviewed the project proposal and provided conditions of approval so as to maintain adequate access, public services, and utilities to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. The proposed assembly use is intended to support the community and is designed to be compatible with existing office uses on site. E -2. The proposed joint use of parking would not be detrimental in this case, because the proposed assembly use will have peak parking demand during evenings and weekends, which are distinct from office uses sharing the site. E -3. Anticipated traffic volumes from the proposed assembly use will not result in unsatisfactory levels of service or negatively impact traffic circulation in the area. On weekdays, the assembly use generates fewer daily vehicle trips than the previous general office use (ITE Trip Generation Manual, 9th Edition). On weekends, when the assembly use generates increased trips according to the ITE Trip Generation Manual, traffic volumes on surrounding roadways are lower than weekly volumes. Planning Commission Resolution No. #### Paqe 6 of 10 E -4. The project site is located at the end of a cul -de -sac in an area that is not frequently travelled by residents or visitors of the City, and therefore, will not constitute a hazard to public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013 -023, subject to the conditions set forth in Exhibit A and the Parking Management Plan set forth in Exhibit B, which are attached hereto and incorporated by reference. 2. This action shall become final and effective 14 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 23RD DAY OF JANUARY, 2014. AYES: NOES: ABSTAIN: ABSENT: I --ya Bradley Hilgren, Chairman BY: Kory Kramer, Secretary Planning Commission Resolution No. #### Paqe 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Conditional Use Permit No. UP2013 -023 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 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 Conditional Use Permit. 4. The Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed use 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to the Conditional Use Permit or the processing of a new Conditional Use Permit. 6. A copy of the Resolution, including conditions of approval Exhibit "A" and parking management plan Exhibit "B" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. The assembly use shall comply with the approved Parking Management Plan, which may be modified by the Community Development Director or Planning Commission. 8. Daytime assembly use, Monday through Friday, shall be limited to 108 people, maximum. 9. Evening (after 5:30 p.m.) and weekend assembly use shall be limited to 207 people, maximum. 10. Area used for assembly purposes shall be limited to the multipurpose room and social hall. 11. A copy of the recorded Bay Corporate Plaza Association CC &R's shall be filed with the Community Development Department and the City Attorney's Office. The Community Development Director shall be notified immediately in writing and an amendment to the Conditional Use Permit may be required if the CC &R's are amended, if additional Planning Commission Resolution No. #### Paqe 8 of 10 restrictions are placed upon the subject assembly use, or if action is taken precluding the use and /or availability of a minimum of 90 parking spaces. 12. 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. 13. 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. 14. 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: 15. 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. 16. 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. 17. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 18. 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 Newport Jewish Center including, but not limited to, the UP2013 -023 (PA2013 -206). This indemnification shall include, but not be limited to, 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 50dBA 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 65dBA N/A 60dBA 15. 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. 16. 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. 17. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 18. 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 Newport Jewish Center including, but not limited to, the UP2013 -023 (PA2013 -206). This indemnification shall include, but not be limited to, Planning Commission Resolution No. #### Page 9 of 10 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. OWA u Planning Commission Resolution No. #### Paqe 10 of 10 Exhibit "B" PARKING MANAGEMENT PLAN The following Parking Management Plan is provided pursuant to Section 20.40.110 (Adjustments to Off- Street Parking Requirements) of the Zoning Code. The Parking Management Plan will employ the following management mechanisms to address impacts associated with the joint use of off - street parking spaces as required by Chapter 20.40 of the Zoning Code: Off - Street Parking • Areas designated for assembly purposes shall be limited to the multipurpose room and social hall, totaling 3,116 square feet. Any increase in floor area used for assembly purposes shall not be permitted without first amending this Parking Management Plan and Conditional Use Permit No. UP2013 -026, if deemed necessary by the Community Development Director. • During daytime hours, Monday through Friday, the proposed religious facility shall be limited to a maximum of 108 seats within the multipurpose room and social hall. Any increase in seating shall require an amendment to this Parking Management Plan and Conditional Use Permit No. UP2013 -026, if deemed necessary by the Community Development Director. • During evenings, Monday through Friday, and on weekends, the proposed religious facility shall be limited to a maximum of 207 seats within the multipurpose room and social hall. Any increase in seating shall require an amendment to this Parking Management Plan and Conditional Use Permit No. UP2013 -026, if deemed necessary by the Community Development Director. • During evening hours (after 5:30 p.m.), Monday through Friday, and on weekends, a minimum of 90 parking spaces shall be maintained on -site for the proposed assembly use. • The Community Development Director shall immediately be made aware should off - street parking no longer be available for the subject assembly use. Any change in the availability of parking shall require an amendment to this Parking Management Plan and Conditional Use Permit No. UP2013 -026 to address parking demand. • Employees of the proposed religious facility shall park on site. Attachment No. PC 2 Draft Resolution for Denial RESOLUTION NO. # # ## A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2013 -023 FOR A RELIGIOUS ASSEMBLY USE AND A JOINT USE OF PARKING LOCATED AT 2240 UNIVERSITY DRIVE (PA2013 -206) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Newport Jewish Center, with respect to property located at 2240 University Drive, and legally described as Parcel 3 of Parcel Map No. 82 -710 requesting approval of a conditional use permit. 2. The applicant proposes to convert the second floor of an existing two -story office building into a religious assembly use. No increase in floor area is proposed. The Conditional Use Permit is required to allow the religious assembly use, and to establish a parking management plan allowing for joint use of the common area parking lot during evenings and weekends. 3. The subject property is located within the Office General (OG) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO -G). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial Office (COG -B). 5. A public hearing was held on January 23, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act ( "CEQA ") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a conditional use permit only after making each of the required findings set forth in Section 20.52.020 (Conditional Use Permits and Minor Use Permits). In this case, the Planning Commission was unable to make the required findings based upon the following: Planning Commission Resolution No. #### Pace 2 of 2 1. The Conditional Use Permit application for a religious assembly use and joint use of parking is not consistent with the legislative intent of Title 20 of the Municipal Code and the findings required by Section 20.52.020 are not supported in this case. The proposed project may prove detrimental to the community. 2. The design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity. The proposed project will create a shortage of parking during peak periods and is therefore not compatible with the existing residential, public facility, and commercial uses in the area. 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2013 -023. 2. This action shall become final and effective 14 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 23RD DAY OF JANUARY, 2014. AYES: NOES: ABSTAIN ABSENT: 1_l' L--"V Bradley Hilgren, Chairman Kory Kramer, Secretary 10 -15 -2013 Attachment No. PC 3 Applicant's Project Description Revised Project Description for Use Permit ii.25.i3 Chabad of Newport Beach, a social service and Jewish educational organization, proposes the use of an existing 16,932 square foot two story office building in an office park at the easterly terminus of University Drive for general administrative offices, Religious classes and services, Friendship Circle administrative offices, support groups, Educational programs and workshops for mentors of children and adults with special needs. Hours of operations are daily 9:oo am to 5:30 pm with Educational programs and religious services being held on several evenings during the week and on the weekends. Parking is provided on -site and is adequate for the proposed use, since the parking ratio of 4/1000 is currently provided for the weekday office use with 68 (16,932/250) permitted parking stalls and weekend parking is adequate to meet the Jewish Center's requirements of one parking stall per 3 seats of assembly (see attached Social Hall proposed seating plan of 207 non -fixed chairs) when other offices in the office park are not occupied. A shared parking agreement will be provided to demonstrate the willingness of the existing building owners to allow for weekend use of additional existing parking. The Jewish Center intends to occupy the 2nd floor and allow the existing ground floor tenant leases to remain. The proposed modifications to accommodate the Center's program require a tenant improvement that remodels the entire 8,958 square foot second floor level. The building program includes administrative office, Multi- Purpose Rooms, Children's Room, Kosher Kitchen, Library, Storage and Social Hall (see attached space plan). Photos are provided in lieu of building elevations. An expanded description of the proposed use is as follows: - Our Monday- Friday office hours are 9:oo am 5:30 pm. We plan on two evenings a week (Tuesday and Thursday) for adult education classes from 7:00 pm to 8:30 pm attracting on approximately 15 -40 attendees. Friday evening religious services will run from 6:30 pm for 45 minutes and Saturday morning religious services run from 9:3o am to 12:00 pm. Sunday hours will be from 9:0o am till 12:30 pm weekly and occasionally till 7:00 pm. - Based on above, most evenings 20 to 40 seats will be setup in either smaller rooms or the social hall. Guest lecture series may be held every other month attracting between loo and 200 people and will typically run for 90 minutes from 7:00 to 10:00 pm. On weekends, there will be Friday evening and Saturday morning religious services that will typically attract 40-6o. Occasionally we have a 6:30 pm Friday evening Community Shabbat or holiday dinner that is attended by 8o and will be held in the social hall until about 10:0o pm. A typical daily operation during the course of the week: Office administrative staff 5 people Library use by small groups of people corning in and out M -F for reading and research. A weekly support group for parents of children with special needs attended by 15 to 25 people — takes place in social or multi - purpose room. A Mommy and Me weekly group for 90 minutes of mothers and young children, (small group of 10 -15 total) Mothers remaining with their children during music and story and craft time. Two 6o to 90 minute adult education lessons two evenings of the week commencing at 6:30 or later. A Friday night and Saturday morning religious service. Religious Bar and Bat Mitzvah instruction Sunday mornings. 1 -2 times monthly with approximately 20 young adults with special needs gathering for social interaction and workshops for approximately 20 mentors. (After 6:30 pm) The social hall's primary use will be evenings and weekends. Attachment No. PC 4 Tenant List Tenant List by Address Bay Corporate Plaza 2220 University Drive Mobilite LLC Hours: 8:00 a.m. — 5:00 p.m., Monday — Friday 2240 University Drive (ground floor tenants) Suite 100: Erin Madison Hours: 9:30 a.m. — 5:00 p.m., Monday — Friday Suite 120: JRM Energy Hours: 8:00 a.m. — 4:00 p.m., Monday — Friday Suite 130: Optimal Healthcare Strategies Hours: 9:00 a.m. — 5:00 p.m., Monday — Friday Suite 140: Apex Diagnostics Hours: 8:30 a.m. — 5:00 p.m., Monday — Friday Suite 150: Newport Counseling Hours: 9:00 a.m. — 5:00 p.m., Monday — Friday Suite 160: Eagle Business Finance Hours: 7:00 a.m. — 5:00 p.m., Monday — Friday 2260 University Drive Owner: 300 Wall Street Currently Vacant 2280 University Drive Anza Management Hours: 8:00 a.m. — 5:00 p.m., Monday — Friday Attachment No. PC 5 Letter from Association Regarding Parking Bay Corporate Plaza Association 2220 - 2280 University Drive Newport Beach, CA 92660 2280 University Drive Newport Beach, CA 92660 December 19, 2013 City of Newport Beach, This letter will serve to acknowledge that Section 12.1 of the CC & R's of the Bay Corporate Plaza Association set forth the Association policies with regard to utilization of the Association parking lot. The use of the parking is not currently allocated or assigned to individual members and any such restriction would likely only be initiated in the event of persistent overuse. The majority of the Association members do not feel that the occasional evening and weekend use of the parking area by the Jewish Center is likely to create any overuse or otherwise cause the need for specific allocation of parking among members. i Yours truly, Donald P. Johnson Secretary - Treasurer Attachment No. PC 6 Site Photographs fr 4• Awl Z .`i law I j r') C--Ip Attachment No. PC 7 Project Plans E ; n > i, c t l N. •. err _� rJ \ .. Z�- . : 1 X ��y �, .. , : " t• - - . •- PROJECT LOCATION pi- f - r si i•" i . 1' 1 � `618 � • i. Y.ML i FG�}1[%: _ i : ;1 I �� ®b-� t.,:i' Jr' RO(f : aim'; .',rY_•..�C, �:�, ::!n�� r. >.,.• .1•ES�S•- •'1' r• - �� .� ,� r✓ t��'O 'X ��.r *. : -S'el t v,nt x(_* a' .,. , ,i Y 1 C• V.ti. � 1 1 _ J I+i•'C 1•J. 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At I ` i , ' � l . � , � d F. _"- _:'`°°' r� � fir. / • ,� t. _ •.. i �.1'. !l {4'.. - l � i + .' i.•r 'L • i' i -1' .1 ' t. �``• r i I I� • I L r EXISTING SITE SCALE: I" = 30' -0• N PROJECT DATA LEGAL DESCRIPTION IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF MAP RECORDED IN BOOK 3, PAGE 35 OF PARCEL MAPS, RECORDS OF SAID COUNTY. ZONING OG CONSTRUCTION TYPE V -11HR OCCUPANCY B / A3 SITE AREA 3.823 AC LOT COVERAGE 19.52% BUILDING "C" 1ST FLOOR 7,974 S.F. 04/1,000 32 STALLS 2ND FLOOR 8,958 S.F. 04 /1,000 36 STALLS TOTAL BLDG 16,932 S.F. 68 STALLS PARKING PROVIDED 255 STALLS H.C. PARKING 9 STALLS LEGAL DESCRIPTION IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF MAP RECORDED IN BOOK 3, PAGE 35 OF PARCEL MAPS, RECORDS OF SAID COUNTY. 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DATE DESCRIPTION PA /PM: JRM DRAWN BY: JRM REVIEWED BY: MKS MSA JOB NO.: 13 -1002 PICTURES Plc-1 O U � M W � 1� •rl U N O � � W U U(N ^^ N FBI CD LLI N � U z� J H� 0 z O L W O 0 w � U = x ~ o U F- U) Q W Q00 N N x U PLAN ISSUE DATES REV. DATE DESCRIPTION PA /PM: JRM DRAWN BY: JRM REVIEWED BY: MKS MSA JOB NO.: 13 -1002 PICTURES Plc-1 Ift L[ O OF W U U� N P1 N V./ a CN N Y�I M a� QQ W � J W Q 0 w? � U= OU �w h�l U PLAN ISSUE DATES REV. DATE DESCRIPTION PA /PM: JRM DRAWN BY: JRM REVIEWED BY: MKS MSA JOB NO.: 13 -1002 PICTURES PIC -2 i U cd �' '0t U �U i O 8 C) O V1 d� a Gn Q O U i _ I W U U� N P1 N V./ a CN N Y�I M a� QQ W � J W Q 0 w? � U= OU �w h�l U PLAN ISSUE DATES REV. DATE DESCRIPTION PA /PM: JRM DRAWN BY: JRM REVIEWED BY: MKS MSA JOB NO.: 13 -1002 PICTURES PIC -2 i U cd �' '0t U �U N O 8 C) O V1 d� a Gn Q O U W U U� N P1 N V./ a CN N Y�I M a� QQ W � J W Q 0 w? � U= OU �w h�l U PLAN ISSUE DATES REV. DATE DESCRIPTION PA /PM: JRM DRAWN BY: JRM REVIEWED BY: MKS MSA JOB NO.: 13 -1002 PICTURES PIC -2 i U �U N O 8 C) V1 d� a . W U U� N P1 N V./ a CN N Y�I M a� QQ W � J W Q 0 w? � U= OU �w h�l U PLAN ISSUE DATES REV. DATE DESCRIPTION PA /PM: JRM DRAWN BY: JRM REVIEWED BY: MKS MSA JOB NO.: 13 -1002 PICTURES PIC -2 i Correspondence Item No. 3a BURNS,MARLENE Newport Jewish Center PA2013 -206 From: Van Patten, Jason Sent. Wednesday, January 22, 2014 10:19 AM To: Burns, Marlene Cc: Garciamay, Ruby; Ramirez, Brittany Subject. FW: Newport Jewish Center- (PA2013 -206 Comments for PA2013 -206 From: seal1641@)aol.com [mailto: seat 1641Calaol.comj Sent: Wednesday, January 22, 2014 10:03 AM To: Van Patten, Jason Subject: Newport Jewish Center- (PA2013 -206 Commission members. I have reviewed the Staff report for the above reference CUP, and request that the resolution include some language concerning the contractors on site, performing Tenant Improvements (TI) at said property. Recently the adjacent office building. (2220 University Drive) which shares the same parking lot, has completed major TI. During the course of this construction the contractor blocked Handicap Ramps, piled dirt in Handicap parking stalls, parked construction trucks in driveways and left then there for 6 to 8 hours. They also conducted tile sawing on the handicap ramps and stored materials on said pathways and driveways. Trash, paper coffee and soda cups, sandwich wrappers and other construction Trash scattered thru out the construction site and adjacent public pathways. Which may be in conflict with City ordinances. In order to carry on a business it is requested that the entrance to 2240 University remain open and clear of trash and construction materials during the normal hours of operation. The Handicap ramps, parking stall and driveways be clear at all times. In addition is requested that the City Building Inspector, inspect for said condition and apply the necessary notice when appropriate. Your consideration to this matter is appreciated. Roger Cunningham Correspondence Item No. 3b Planning Commission Resolution No. #### Newport Jewish Center Page 7 of 10 pngni'�—anti EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Conditional Use Permit No. UP2013 -023 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 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 Conditional Use Permit. 4. The Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed use 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to the Conditional Use Permit or the processing of a new Conditional Use Permit. 6. A copy of the Resolution, including conditions of approval Exhibit "A" and parking management plan Exhibit "B" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. The assembly use shall comply with the approved Parking Management Plan, which may be modified by the Community Development Director or Planning Commission. 8. Daytime assembly use, Monday through Friday, shall be limited to 108 peepleseats, maximum..., except on the holidays of Rosh Hashanah and Yom Kippur. On such days, the maximum may be increased to 207 seats if the applicant secures on -site or off -site parking for the additional parking demand commensurate with the increased occupancy at a rate of 1 space per 3 seats. 9. Evening (after 5:30 p.m.) and weekend assembly use shall be limited to 207 peepleseats, maximum. 10. Area used for assembly purposes shall be limited to the multipurpose room and social hall. 11. A copy of the recorded Bay Corporate Plaza Association CC &R's shall be filed with the Community Development Department and the City Attorney's Office. The Community 3C._ Corres��ndevlc�_ PA2pl3 -20b BARRY A. ROSS A PROFESSIONAL CORPORATION 7700 IRVINE CENTER DRIVE, SUITE 710 IRVINE, CA 92616 January 23, 2014 City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92658 949- 727 -0977 949 - 727 -9927 fax barry@rossrealestatelaw.com www.rossrealestatelaw.com Re: Agenda Item No. 3 - Newport Jewish Center - PA 2013 -206 2240 University Drive, Newport Beach, CA Conditional Use Permit No. UP2013 -023 Honorable Chair Bradley Hillgren and Members of the Planning Commission for the City of Newport Beach: My name is Barry A. Ross. I am an attorney. I represent Mobilitie, LLC, the owner /occupant of the commercial office building at 2220 University Drive, Newport Beach, which is within the Bay Corporate Plaza Association. My client opposes the proposed Conditional Use Permit. The Bay Corporate Plaza Association consists of four similar two -story office buildings and an adjacent parking lot. The building at 2280 University Drive is owned by Elizabeth M. Johnson and occupied by Anza Property Management and several other commercial tenants. The next building at 2260 University Drive is vacant and has been vacant for several years. It is currently listed for sale. The next building at 2240 University Drive, is owned by Stein Holdings, LLC. This is the building that the Chabad Jewish Center ( "Chabad ") wishes to occupy and use as a synagogue. The next building is the property of my client, Mobilitie, LLC. Mobilitie has been renovating the building for more than one year and just occupied the renovated building this past week. Mobilitie's business consists of telecommunications. The business has approximately 100 employees and utilizes approximately 100 parking spaces. In addition, Mobilitie's customers and vendors conduct about 10 to 15 visits by car per day. Mobilitie's employees generally work Monday through Friday, including Friday night and Saturday. On Friday night, there are approximately 10 to 50 employees. On Saturday, there are approximately 10 to 50 employees. No one at the City of Newport Beach asked Mobilitie about Chabad or its parking requirements. Mobilitie never consented or approved of the use of Chabad at the Bay Corporate Plaza Association. You have in your staff report as attachment No. PC5 a letter from Bay Corporate Plaza Association signed by Donald P. Johnson as secretary /treasurer which states in part: January 23, 2014 page 2 "The majority of the Association members do not feel that the occasional evening or Weekend use of the parking area bythe Jewlsh,Centerislikely to create any overuse or otherwise cause the need for specific allocation ofparking among members." Mobilitie, a member. df the :Association; Was never, asked by Bay Corporate Plaza Association' or its input r . egarding Chabad or its, parking requirements, Further, Mobilitie was never invited to a meeting.ofBay:Cor this issue. p prate Plaza Association to discu There are.severa . I reasons why the proposed Conditional Use Permit should be denied. These reasons ere.i.fiscussed below.. J, THIS IS THE WRONG ZONE FOR A SYNAGOGUE, ACITURCH OR A,MOSQUE. The zoned 0. G ("Office/General"); This is defined in Section 20420cl 0 1 of the ,property: is zon NewportBeachManicipal Code as follows: "The .0G.Zou!ug.D!strict is intended to provide for areas appropriate "Propriat and medical offices with limited accessory retail and service uses.' A religious institution. does not fit within.the d6cription.of the OG Zone White a: religious tristitutiol):.may be permitted in an OG Zone pursuant to a Conditional Use Permit, which the City has discretion I to issue, the City should exercise its discretion to deny the application for a Conditional Use Permit.because a religious institution is not appropriate in,tris particular OG-Zone. I THE PARKING AND TRAFFIC ISSUES HAVE NOT BEEN PROPERLY CONSIDERED BY YOUR STAFF. Contrary to the information in,your staff report, Chabad does not conductgroup activities just oil Friday night-and Saturday, To the contrary, Cha.bad!has three religious services per day. In addition, Chabad has "Mommy and Me" classes during the week. Although rionneirtioned in your staff report,-most Chabads have schools, in6luding.pre-schools. The school activity: will involve children and more vehicles on and around the premises. Since there is no area designated for a school playground, there will no place for children to play outside, other than in the parking area. This is a formula for disaster. While your staff report seems to indicate that parking will not be a problem, the staff report does nottak6 Into consideration the 'fact that Mobilitie's building has been vacant for more than one .year during the renovation period . Also0he building at 2260 has been vacant for severalyears; it is currently for sale. When 2250 sells and becomes occupied by commercial tenants, January 23, 2014 Page 3 oombined with the parking requirements of Mdbilitic; there will not be adequate parking for Chabad or. anyone else. 3. THE PROPOSED USE WILL VIOLATE THE DECLARATION OF COVENANTS, CONDITIONS, AND •ESTRICTIONS 1 ('VC&R's") RECORDED JULY 12, 1983. Seotiofi 113 of the Cc&kls is entitled Nuisances. It states in part "... not shall anything be done thereon whichmay. y be; or may'become, an annoyance, nuisance to the neighborhood,. or which shall in any way . intefferemith the quiet enjoyment of each of the Owners of his respective Lot" Further Section. 11 1 .6(6) states that the Board may adopt rules for the regulation of the admission. andeparkinVof vehicI68,.including, without limitation, commercial vehicles, and employed and Owner parking within the Covered Property." This appears to be a situation wh0q the Board woqI be.required to adopt a rule specifically allowing for the excessive use of parkip I would .gb.y:Ch-abad� Mobilifie' uld- object to the Board taking, any such action. Further, Section 12.I.o . f the CC&R's states that. each owner is entitled to share the nonexclusive use of ffieparkbig-area. There. are no parking spaces designated, to a particular owner. This parking arrangementwould be disrupted: by the excessive parking,requirements of Chabad. 4. THE PROPOSED: USE IS NOT EXEMPT FROM ENVIRONMENTAL REVIEW DUE TO THE SIGNIFICANT TRAFFIC AND PARKING IMPACTS. The traffic _and parking impacts created.by Chabad have not been properly analyzed. There has been no accurate or comprehensive analysis of traffic or parking impacts. In fact, the analysi's of the traffic and parking impacts is: incomplete and misleading. 5. THE WRONG PARTY SUBMITTED THE APPLICATION, Chabad is not the owner of the 2240 University Drive. property. The owner is Stein Holdings, LLC, which purchased the property on May 29, 2012 from-JDC Enterprises, LLC by document. number 2012.000303 -632. Therefore, Chabad should not be:the applicant in;oonncvtion with this proposal. 6, A RELIGIOUS. INSTITUTION IS GENERALLY SUBJECT TO THE SAME REQUIREMENTS FOR A LAND USE PERMIT AS ANY OTHER APPLICANT; THE RELIGIOUS LAND USE AND INSTITUTIONALIZED. PERSONS ACT OF 2000 (RLUIPA) DOES NOT GIVE CHABAD AN EDGE OVER NON-RFLIOIOUS USERS, Fourscluare Gospel v, City of'San; Leandro ;(2011) 673T.3d 1059; Los Angeles w Sahag-Mesrob Arnienlan Christian School (20 10) .188 CaLApp. 4th 85.1; Scottish Rite Cathedral Assn, of Los Angeles v. City oj Los Angeles (2007) 156 Cal.App. 4th 108. 7. THE FINDINGS REQUIRED FOR A CONDITIONAL USE PERMIT HAVE NOT BEEN SATISFIED; January 23, 2014 Page 4 Pursuant to Section 20.52.020: of the Newport Beach Municipal Code; the Planning Commission must make the follo..wing findings in order to approve a conditional use permit: (1.) The use is consistent with the. general plan and the applicable specific blai7; The use is not consistent. withthe general plan in that the use is. a religious msti'tution and:the general.plan calls for commercial office use; A:xeligious institution or "assembly" use is :generally not allowed in a commercial office zone unless n.Conditional Use Permit is issued,. There is no reasonable basis fo..r . the issuance, of Conditional Use Permit in this case. (3). The anticipated use by Chabad is not compatible with the allowed: uses in the vicinity; namelycommerc al office space. A commercial office park is unsuitable for areligious institution, which-will have childcare facilities, "Morurny. and Me" classes, pre - school and regular school, without aay yard or open space for children to play other than in the parking lot. - Further, the use by Chabad will result in parking and traffic congestion on the site. Operation of the use at the location proposed would.not be detrimental to the The proposed use will be- detrimental to the harmonious and orderly growth of the commercial; center and might create a hazard to children who are attending functions at Chabad. Further, there will be:increased traffic congestion and unavailability.of parking spaces for not only Chabad,.but also for the other commercial.residents of the Bay Corporate Plaza Association. Based on the f6fegoing, I request that the Pla iffig Commission deny the application for Conditional Use Permit. In the alternative; I request that the Planning Coumission continue this Bearing so that its staff may proyide.a consideration of the points presented in this letter. January 23, 2014 Page 5 if yoLl have any questions, I W- III do my Best to answer them. Very.,truly.yomn, BAR es Cc, Client 0 nnditional Use Permit (PA2o1i -2oE n University v } Community Development Department- Planning Division 7 :1 FNOI U*T@TF. re � n i �l � Community Development Department - Planning Division a Photographs a Community Development Department- Planning Division Multipurpose Room 1�1/OM i� I 4i/ 1► 4M •► ♦gyp w $ 4 4Y l � mTxa au YV Ate« - ar •. CIA!• N n 1/ • A 4*0~ 1""°" - Social Hall Community Development Department- Planning Division S Floor Plan � SEW P06'T O O F � D u n q< /FO FN Peak Period I Operation I Occupancy Daytime, Monday- Friday (9:00 a.m. - 5:30 p.m.) - General office use - Weekly support group - Weekly mommy and me group 5 employees 15 -25 people 10 -15 people Evenings, Monday- Friday - Twice weekly adult education classes 15 -40 people (5:30 p.m. - 10:00 p.m.) - Weekly religious service 40 -60 people - Lectures 207 people - Workshops 20 -40 people - Community shabbat 80 people Weekends - Weekly religious service 40 -60 people - Religious Bar/ Bat Mitzvah instruction 150 -200 people Community Development Department - Planning Division Parking Demand Based on Number of Seats Daytime Evenings/Weekends 1 space per 3 Seats 15 spaces 69 spaces (anticipated maximum occupancy) (45 seats) (207 seats) Parking Spaces Available 36 spaces 255 spaces (maximum seats per use permit conditions) (108 seats) (207 seats) Community Development Department - Planning Division Consistent with Zoning Code, Coastal Land Use Plan, and General Plan. ■ Unrestricted access to parking during evenings and weekends per the Association CC &R's. Parking Management Plan will ensure availability of parking. ■ Outdoor activities are not proposed. Community Development Department- Planning Division 9 Br- C7 Adopt the draft resolution approving Conditional Use Permit No. UP2013 -023. Community Development Department- Planning Division 10 Condition 8: Daytime assembly use, be limited to Zo8 seats, Condition g: Monday through Friday, shall maximum. Evening (after 5:30 p.m.) and weekend assembly use shall be limited to 207 seats, maximum. Community Development Department- Planning Division 11 1 For more information contact: Jason Van Patten 949-644 -3234 jvanpatten@ newportbeachca.gov www.newportbeachca.gov