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HomeMy WebLinkAbout2.01 - Draft Resolution - Added 02-03-14 - PA2013-195Additional Materials Received Draft Resolution Item No. 2a Memory Care Facility RESOLUTION NO. 2014- PA2013 -195 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING, CONDITIONAL USE PERMIT NO. UP2013 -019, SITE DEVELOPMENT REVIEW NO. SD2013 -005, LOT MERGER NO. LM2014 -001, AND VARIANCE NO. VA 2014 -002 FOR A MEMORY CARE FACILITY LOCATED AT 1000 HALYARD (PA2013 -195) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Orvieto Properties, with respect to property located at 1000 Halyard and 1455 Superior Avenue G., and legally described as first addition to Newport Mesa Tract Lot 918 Easterly ' /z East 1 Acre Northerly 158.88 Feet in Lot Tract 257 and first addition to Newport Mesa Tract Lot 818 Westerly 50 Feet Northerly 165 Feet in Lot Tract 257, requesting approval of a Conditional Use Permit, Site Development Review, Lot Merger and Variance. 2. The applicant proposes an approximately 19,200- square -foot, two -story convalescent facility. The convalescent facility would be in the form of a memory care facility licensed by the state with 42 beds occupied by residents that are considered non - ambulatory. The project would occupy two building sites that are currently vacant and were historically used as boat storage. The request also includes a lot merger to merge the two sites into one parcel for the development and a variance for a wall to be 6 feet high where the Zoning Code limits the height to 42 inches. 3. The subject property is located within the Multi -Unit Residential (RM) Zoning District Zoning District and the General Plan Land Use Element category is Multiple -Unit Residential (RM). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 6, 2014 in the Council Chambers at 100 Civic Center Drive, Newport Beach 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 under the requirements of the California Environmental Quality Act under Class 32 (In -fill Development Projects). Class 32 consists of projects characterized as in -fill development meeting the conditions described in this section. Planning Commission Resolution No. #### Page 2 of 27 (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The subject property has a land use designation of Multiple -Unit Residential (RM) within the General Plan which is intended to provide primarily for multi -unit residential developments containing attached or detached dwelling units and similar uses such as the memory care facility, which is residential in nature. The property is located within the Multi -Unit Residential (RM) Zoning District. The RM Zoning District allows for convalescent facilities with the approval of a Conditional Use Permit. The Zoning Code defines convalescent facilities as establishments that provide care on a twenty -four hour basis for persons requiring regular medical attention. A convalescent facility may also be referred to as a "nursing home" or "hospice ", and is a facility that does not provide emergency medical services or surgical services. In this case the convalescent facility is in the form of a memory care facility for persons that have Alzheimer's disease or dementia. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is located in the middle of a residentially zoned area. This site is 30,040 square feet (0.69 acre) in area and is surrounded by urban uses. Abutting the site to the west is the One Nautical Mile residential community and further west down Halyard are the Newport Knolls multi - family residential community. Abutting the site to the south is the Beach House Apartments. Directly abutting the site to the east is a multi -unit residential property and further east along Superior Avenue is the Newport Beach Plaza senior living complex, Crystal Cove Care Center nursing facility and a medical /commercial office. (c) The project site has no value as habitat for endangered, rare or threatened species. The site is currently vacant, was previously used for boat storage purposes and does not contain any habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Traffic: The proposed project will result in additional trips per ITE standards as compared to the vacant site. However, this increase is well below the 300 ADT threshold identified in Chapter 15.40 of the Newport Beach Municipal Code and the project is not required to provide a Traffic Phasing Ordinance (TPO) Study. Therefore, approval of the project will not result in any significant effect relating to traffic. 10 -15 -2013 Planning Commission Resolution No. Ott Paqe 3 of 27 Noise: The proposed development of the site with a memory care facility will be conditioned to meet the Newport Beach Municipal Code noise regulations and will not result in any significant effects related to noise. Air Quality: The proposed memory care facility will result in an overall increase in the average daily trips (ADT) to the site because the existing site is vacant; however, the ADTs of the memory care facility are considered low, substantially consistent with residential development and are lower than a commercial development. The applicant expects construction to take approximately 12 months and construction of the project will be conditioned to comply with the regional Air Quality Management Plan established by the Southern California Air Quality Management District to ensure that construction impacts are minimized and the project will not result in any significant effects related to air quality. Water Quality: The applicant must prepare a Water Quality Management Plan (WQMP) and will be required to comply with all requirements of the Newport Beach Municipal Code and Zoning Code related to water quality. Therefore, approval of the project will not result in any significant effects related to water quality. (e) The site can be adequately served by all required utilities and public services. The Mesa Water District currently services the site via a main that runs along the Halyard easement. A private sewer line within the Medical Lane easement is proposed to service the site. The Gas Company, Southern California Edison and AT &T will service the site through the Medical Lane easement. Fire and police protection facilities and services are located off of 32nd Street and Santa Barbara Drive. Therefore, the site can be adequately served by all required utilities and public services. SECTION 3. REQUIRED FINDINGS. Conditional Use Permit In accordance with Section 20.52.020F of the Newport Beach Municipal Code, the following findings and facts in support of such findings for a conditional use permit are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; 10 -15 -2013 Planning Commission Resolution No. #### Page 4 of 27 Facts in Support of Finding: 1. The project site has a land use designation of Multiple -Unit Residential (RM) which is intended primarily for multi - family residential and similar uses that are residential in nature such as the proposed memory care facility. 2. The subject property is not part of a specific plan area. 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: The project site is located within the Multi -Unit Residential (RM) Zoning District. The RM Zoning District allows for convalescent facilities with the approval of a conditional use permit. The Zoning Code defines convalescent facilities as establishments that provide care on a twenty -four hour basis for persons requiring regular medical attention. A convalescent facility may also be referred to as a "nursing home" or "hospice ", is a facility that does not provide emergency medical services or surgical services. In this case the convalecent facility is in the form of a memory care facility for persons that have Alzheimer's disease or dementia.. 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: The project site is located in the middle of a residentially zoned block between Monrovia Avenue and Superior Avenue. West of the site are multi - family residential communities and east is a multi -unit residential lot, Newport Plaza a senior living complex, Crystal Cove Care Center nursing facility and a medical /commercial office. The memory care facility will provide residence and care for non - ambulatory Alzheimer and dementia patients. 2. The building is proposed at approximately 19,200 square feet which is well under the maximum 31,050 square footage allowed by the Zoning Code. 3. Landscaping and screen walls are provided along the side property lines that are abutting existing residential uses. 10 -15 -2013 Planning Commission Resolution No. #### Page 5 of 27 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; and Facts in Support of Finding: 1. The project site provides adequate parking and circulation including turn - around areas for deliveries that have been reviewed by the City Traffic Engineer. Conditions of approval are included to ensure compliance with all the circulation standards and the final plans are required to be approved by the City Traffic Engineer. 2. Emergency vehicles are provided adequate access to the site by a crash gate and knox box from Halyard to Medical Lane and Superior which has been reviewed by the Fire Department. Conditions of approval are in place to ensure compliance with all emergency vehicle access requirements and the final plans are required to be approved by the Fire Department. 3. Mesa Water District currently services the site via a main that runs along the Halyard easement. The private sewer line within the Medical Lane easement is proposed to service the site. The Gas Company, Southern California Edison and AT &T will service the site through the Medical Lane easement. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or 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: 1. A condition of approval is included to ensure that lighting of the facility is in compliance with the requirements of the Zoning Code prohibiting glare and light spillage from the memory care facility onto adjacent properties. 2. A condition of approval is included limiting delivery and commercial trash pick -up hours to the memory care facility to mitigate potential impacts to the adjacent neighbors. 3. A condition of approval is included limiting visiting hours to the memory care facility to mitigate potential impacts to the adjacent neighbors. 10 -15 -2013 Planning Commission Resolution No. #### Page 6 of 27 4. Noise generated by a memory care facility is anticipated to be low. A condition of approval is included to ensure that the use will comply with the Newport Beach Municipal Code standards for indoor and outdoor noise in residential zones 5. With no existing memory care facilities in the area, the proposed use would provide a needed service for the aging population which comprises almost 20 percent of the City's total population. Conditional Use Permit in a Residential Zone In accordance with Section 20.52.030H. of the Newport Beach Municipal Code, the following findings and facts in support of such findings for a conditional use permit in a residential zone are set forth: Finding: F. The use conforms to all of the following applicable provisions of 20.52.030 (G) Development and Operational Standards: a. Facility must be operated in compliance with applicable State and local law, and the submitted management plan, including any modifications required by this use permit. b. The management plan must include a contact name and number by which the operator may be contacted at all times. c. No services requiring a license can be provided if the facility does not have a license for those services. d. There shall be no more than two residents in each bedroom plus one additional resident, unless approved pursuant to the Newport Beach Municipal Code Occupancy must also comply with State licensing if applicable. e. All individuals and entities with an ownership or leasehold interest in the use, or who will participate in the facility's operation must be disclosed in writing to the City, and these persons and entities shall not have a demonstrated pattern or practice of operating similar facilities in or out of the City of Newport Beach in violation of Federal, State or local law. f. Residents, guests, staff and any other visitors to the facilities shall not smoke in an area from which the secondhand smoke can be detectable on any other parcel of property. Facts in Support of Finding: 1. The operations of this facility shall be compliance with the Department of Social Services (DSS) license, and as conditioned, the facility will comply with the Operations and Management Plan for the facility. A draft operations and 10 -15 -2013 Planning Commission Resolution No. #### Paqe 7 of 27 management plan has been submitted by the property owners. A final operations and management plan will be provided by Corktree Holdings, LLC hereinafter referred to as "Operator" of the facility prior to the license being issued by the DSS. 2. Appropriate names and contact information numbers are provided within the operations and management plan and, as a condition of approval of this application, the appropriate "after hours" names and contact information numbers will be confirmed and provided to the City prior to operation of the facility. 3. The Operation and Management Plan for the facility provides that only those services permitted by the DSS license for the memory care facility are performed within the facility. 4. The facility will be licensed, and has been conditioned, for a maximum occupancy of 42 residents. The facility will have a maximum 42 beds with 10 one -bed rooms and 16 two- bedrooms. No more than two residents per bedroom are permitted. This limitation is consistent with the residential occupancy design of the building and the DSS license. 5. All management personnel have been disclosed in the application documentation. A condition of approval is in place which requires that all employee personnel be disclosed prior to final of the building permits. 6. According to information provided in the application, the property owners and have never held a license for a memory care facility and the Operator has never held a license for a memory care facility in California. The Operator has been licensed to operate skilled nursing facilities, sub acute care, and home health operations in California and other states and have experience with working with memory care residents within their out -of -state nursing facilities. The Operator has never had a licensed revoked or suspended. 7. The operation regulations identify that the operator will identify a designated Smoking Area prior to Certificate of Occupancy however, there is a condition included requiring that this be done on the final construction drawings and prior to the issuance of a building permit. Findinq: G. The project complies with the requirements for off - street parking as provided in Chapter 20.40 (Off - Street Parking) and traffic and transportation impacts have been mitigated to a level of insignificance; Facts in Support of Finding: 1. The Zoning Code requires off - street parking for a convalescent facility at a ratio of one space for every three beds or 14 parking spaces. The proposed project 10 -15 -2013 Planning Commission Resolution No. #### Paqe 8 of 27 includes 22 parking spaces. The parking lot design, including landscaping, complies with all of the provisions of Section 20.40. 2. Routine deliveries will occur two to three times a week and a condition of approval limits the delivery hours to Monday through Friday 9:00 a.m. to 5:00 p.m. These deliveries are pre - scheduled and the delivery vans or small trucks will be on -site for approximately 15 minutes per visit. The circulation of the site is designed with a "T shaped turn around driveway configuration so any van or truck can turn around and exit by the same path they entered. Finding: H. The property and existing structures are physically suited to accommodate the use; Facts in Support of Finding: 1. The subject property has adequate area to meet all of the Municipal Code requirements related to vehicular and emergency access. 2. The proposed structure is designed for use as a convalescent facility, which will be licensed by the DSS. The plans have been reviewed by the Building and Fire Department and conditions of approval are in place to ensure all Building and Fire Codes will be met. The Building and Fire Department are required to approve the final set of construction plans. Finding: 1. The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood (e.g., creating an over - concentration of residential care or bed and breakfast uses in the vicinity of the proposed use). Facts in Support of Finding: 1. There are not existing substandard physical characteristics in the area that would affect integration of the proposed project into the existing area. 2. There are conditions of approval in place that ensure the least amount of impact to the surrounding neighborhood including noise, lighting, smoking, and limited hours of deliveries, visitors, and trash pick -up. 3. The use is defined by the Zoning Code as a convalescent facility and not a "Residential Care Facility ". 10 -15 -2013 Planning Commission Resolution No. #### Paqe 9 of 27 Finding: J. The operation of buses, vans, and other vehicles used to transport residents, clients, visitors, guests, and /or staff to and from off -site activities or parking areas does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area; Facts in Support of Finding: 1. The residents will be non - ambulatory and will not have cars. The clients of the memory care facility will typically not leave the grounds and depending on their medical condition, on occasion only one to two residents might be taken by a staff vehicle to a park. The use of buses or vans is not proposed. 2. No events will be held at the facility and visitors by family members are typically once a week. Visiting hours will be condition to 8:00 a.m. to 9:00 p.m. seven days a week. 3. Anticipated staffing include 16 -18 staff members between 9:00 a.m. and 4:00 p.m., 12 -14 between 4:00 p.m. and 4 -6 between 12:00 midnight and to 8:00 a.m. 4. Based on the ITE Trip Generation Rate the memory care facility would generate approximately 113 ADTs while a 12 -unit residential development would generate 103 ADTs. Finding: K. Arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties; and Facts in Support of Finding: 1. Routine deliveries will occur two to three times a week. Deliveries are limited by a condition of approval to 9:00 a.m. to 5:00 p.m., Monday through Friday. Finding: L. Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. 10 -15 -2013 Planning Commission Resolution No. #### Paqe 10 of 27 Facts in Support of Finding: 1. A condition of approval is in place that requires the Operator to hire and maintain a commercial bin refuse service and limits pick -up to one weekday per week between the hours of 9:00 a.m. and 5:00 p.m. Site Development Review Pursuant to Section 20.52.080 C.2.c. the following criteria is required to be considered during the review of the proposed project: i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure The proposed use and structure complies with the General Plan and all requirements of the Zoning Code, with the exception of the variance to exceed the maximum allowance for wall height within the front yard setback. The structure and use will comply with all Building and Fire Codes. The memory care facility is required to be licensed by the DSS and meet all of the requirements to obtain and maintain this license. Ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; The proposed building maintains all of the required setbacks and is well under the maximum floor area of 31,500 square feet. The landscaping meets the Code requirements with over 3,000 square feet of landscaping within the parking lot area and over 8,000 square feet over the rest of the project site. Landscaping and screen walls are provided along the side property lines that abut existing residential uses. Lighting of the building is conditioned to meet the requirements of the Zoning Code to mitigate impacts to the adjacent neighbors. Delivery hours to the memory care facility are limited to mitigate potential impacts to the adjacent neighbors. The overall design of the project emulates a multi - family residential use with a courtyard, open landscaped areas, a walking path, and a distinct architectural design and finishes. The building design is Contemporary Mediterranean and finish materials are warm earth tone colors with complimentary landscape base plantings and trees to create a residential feel. The main entry tower is accentuated with a stone base material. The exterior includes a variety of darker base colors on the sand finish exterior plaster and stone finish which is complimentary to the architecture in the surrounding area. iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; 10 -15 -2013 Planning Commission Resolution No. #### Paqe 11 of 27 The proposed building is under the maximum square footage allowed and has a maximum height of 28 feet (33 foot front entry tower), in compliance with the Zoning Code. The building provides modulation and a step back of the second floor and includes a courtyard and a second -floor deck which further reduces the bulk. iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; Site access, including the drive aisles, driveways, parking and loading spaces have all been reviewed by the City Traffic Engineer for adequacy, efficiency and safety. The City Traffic Engineer also reviewed the Halyard easement for the efficiency and safety of the access to the site. There are specific conditions of approval from the City Traffic Engineer to ensure all circulation requirements are provided for. v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and The City Urban Forester reviewed the landscape plan and provided no suggested changes. A condition of approval is in place that requires a final review and approval by the City Urban Forester for plant and irrigation materials. Vi. The protection of significant views from public right(s) -of -way and compliance with Section 20.30. 100 (Public View Protection). The project site does not have the potential to obstruct public views from public view points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the Pacific Ocean, Newport Bay and Harbor, offshore islands, the Old Channel of the Santa River (the Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive open space. In accordance with Section 20.52.080F of the Newport Beach Municipal Code, the following findings and facts in support of such findings for a site development review are set forth: Finding: A. Allowed within the subject zoning district; Facts in Support of Finding: 1. The project site is located within the Multi -Unit Residential (RM) Zoning District. The RM Zoning District allows for convalescent facilities with the approval of a conditional use permit. The Zoning Code defines convalescent facilities as establishments that provide care on a twenty -four hour basis for persons requiring regular medical attention. In this case the convalescent facility is in the form of a memory care facility for Alzheimer and dementia patients. 10 -15 -2013 Planning Commission Resolution No. #1### Paqe 12 of 27 Finding: B. In compliance with all of the applicable criteria identified in 2.52.080 (C)(2)(c) of this section as follows: i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and vi. The protection of significant views from public right(s) -of -way and compliance with Section 20.30. 100 (Public View Protection). : and Facts in Support of Finding: 1. The proposed project complies with the General Plan and all requirements of the Zoning Code. The structure and use will comply with all Building and Fire Codes. The memory care facility is required to be licensed by the DSS and will meet all of the requirements to obtain this license. 2. The proposed building maintains all of the required setbacks and is under the maximum floor area of 31,500 square feet. Over 3,000 square feet of landscaping is provided within the parking lot area and over 8,000 square feet is provided throughout the rest of the project site. This landscaping meets all of the requirements of the Zoning Code. Landscaping and screen walls are provided along the side property lines that abut existing residential uses. Lighting of the building is conditioned to meet the requirements of the Zoning Code to mitigate potential impacts to the adjacent neighbors. Deliveries to the memory care facility are conditioned to mitigate potential impacts to the adjacent neighbors. 3. The proposed building is under the maximum square footage allowed by the Zoning Code. The building provides modulation and outdoor areas with a courtyard and a step back of the second floor which further reduces the bulk. 10 -15 -2013 Planning Commission Resolution No. #### Paqe 13 of 27 4. The proposed building is a Contemporary Mediterranean design with warm earth tone colors with complimentary landscape base plantings and trees to create a residential feel. There is a main entry tower with a stone base material that defines the building entrance and a variety of darker base colors on the sand finish exterior plaster and stone finish. 5. Site access, including the drive aisles, driveways, parking and loading spaces have been reviewed by the City Traffic Engineer for adequacy, efficiency and safety. Further, the City Traffic Engineer analyzed the Halyard easement for access efficiency and safety. There are specific conditions of approval from the City Traffic Engineer to ensure all circulation requirements are met. 6. The proposed landscaping plan has been reviewed by the City Urban Forester. A condition of approval is in place that requires a final review and approval by the City Urban Forester for plant and irrigation materials. 7. The project site does not have the potential to obstruct public views from public view points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the Pacific Ocean, Newport Bay and Harbor, offshore islands, the Old Channel of the Santa River (the Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive open space. Finding: C. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. Lighting of the facility is conditioned to meet the requirements of the Zoning Code, prohibiting light and glare spillage from the memory care facility to the adjacent neighbors. 2. A condition of approval is in place limits delivery and commercial trash pick -up hours to the memory care facility to mitigate potential impacts to the adjacent neighbors. 3. A condition of approval limits visiting hours to the memory care facility to mitigate potential impacts to the adjacent neighbors. 4. The noise from a memory care facility is typically low. A condition of approval ensures that the use will comply with the indoor and outdoor Municipal Code noise regulations for a residential zone. 10 -15 -2013 Planning Commission Resolution No. #### Pape 14 of 27 5. With no existing memory care facilities in the area, the proposed use would provide a needed service for the aging population which comprises almost 20 percent of the City's total population. Lot Merger In accordance with Section 19.68.030 (Subdivisions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings for a lot merger are set forth: Finding: A. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title; and Facts in Support of Finding: 1. The lot merger to combine two existing legal lots by removing the interior lot line between them will not result in the creation of additional lots. 2. The project is in an area with an average slope of less than 20 percent. 3. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). The proposed merger will protect land owners and surrounding residents, and will preserve the public health, safety, and general welfare of the City. 4. The future development on the proposed lot will meet all of the Zoning Code development standards except for the request for a variance approval for a portion masonry wall that exceeds the 42 -inch height limit within the front yard setback. Finding: B. The lots to be merged are under common fee ownership at the time of the merger, and Facts in Support of Finding: 1. The two lots to be merged are under common fee ownership as indicated by the title reports provided by the applicant. Finding: C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to 10 -15 -2013 Planning Commission Resolution No. Ott Paqe 15 of 27 the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan; and Facts in Support of Finding: 1. The merged lot will retain the RM zoning designation, consistent with the surrounding area. The RM Zoning District is intended to provide for areas appropriate for a residential dwelling units and similar uses located on a single lot. 2. The new lot will comply with the Zoning Code requirements for lot width and size which requires a minimum width of 50 feet and minimum area of 5,000 square feet. 3. The Land Use Element of the General Plan designates the subject site as Multiple - Unit Residential (RM), which applies to a range of residential dwelling units and similar uses. 4. The project site is not located within the Coastal Zone or within a Specific Plan. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger; and Facts in Support of Findinq: 1. The lots as merged will not be deprived of legal access as the merged lot will abut a private easement consistent with existing conditions. 2. The lots will maintain legal access from Halyard and emergency access from Medical Lane. 3. No adjoining lots will be deprived of legal access as a result of the merger. The private streets were developed to provide vehicular access for the properties located in the area. Vehicular access to and from the subject site and adjacent properties would remain via the private streets (Halyard and Medical Lane). Finding: E. The lots as merged will be consistent with the surrounding pattern of development and will not create an excessively large lot that is not compatible with the surrounding development; and Facts in Support of Finding: 1. Lot width and lot size in the area vary and trend towards wider and larger lots. Keeping the one smaller 50 -foot wide lot would actually be more inconsistent with 10 -15 -2013 Planning Commission Resolution No. Ott Paqe 16 of 27 the surrounding pattern of development. The subject lots, as merged, will result in a 30,040- square -foot lot that is consistent with lots in the area. 2. Development within the RM Zoning District is allowed a maximum floor area equal 1.75 times the buildable area of the lot. The merged lot will not be developed beyond this maximum development limit and will be developed consistent with the surrounding development. Variance In accordance with Section 20.52.090F. of the Newport Beach Municipal Code, the following findings and facts in support of such findings for a variance are set forth: Finding: A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; Facts in Support of Finding: 1. The orientation of the subject lot abuts the Halyard easement and Medical Lane easements creating an unusual lot configuration. 2. The taller wall is needed to provide the security to property as Medical Lane is utilized by the adjacent uses. Finding: B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification; Facts in Support of Finding: 1. The Zoning Code requires a 6 -foot high wall for screening a non - residential use that is abutting a residential use. This screening is beneficial as in the case of the memory care facility to mitigate potential impacts to the abutting residential uses as well as to protect the disabled residents of the memory care facility. 2. The front yard setback abuts Medical Lane which provides access to the adjacent residential property. 10 -15 -2013 Planning Commission Resolution No. #### Paqe 17 of 27 Finding: C. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant,• Facts in Support of Finding: 1. The allowance of a 6 -foot wall within this limited area of front yard setback provides a secure area around the memory care facility for the residents. Finding: D. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; Facts in Support of Finding: 1. Secure areas are commonly seen in these non - residential types of uses. 2. The multi - family developments within the surrounding area typically have security gates or wall areas. 3. The property line walls abutting the neighboring residential uses are required by the Zoning Code to be 6 -feet even within the front yard setback due the different uses between properties. Finding: E. Granting of the variance will 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; and Facts in Support of Finding: 1. The increased wall height will not impact site distance for traffic or impede circulation on or off the project site. 2. Although the subject wall is not abutting the residential use it is abutting Medical Lane that provides access to the adjacent residential use. Without the wall the security of the facility could be jeopardized. 3. The memory care facility is a permitted use within the RM Zoning District. Providing care to Alzheimer's patients requires a secure facility due to the nature of the disease. 10 -15 -2013 Planning Commission Resolution No. eft Paqe 18 of 27 Finding: F. Granting of the variance will of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: 1. The Zoning Code allows walls to encroach into front yard setbacks. 2. The limitation of the height of walls to 42- inches within the front yard setback was not intended for this unique circumstance with a project site layout adjacent two private easements and the memory care use within the residential zone. A higher wall in this location would not conflict with the intent of the Code regulations. 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 -019, Site Development Review No. SD2013 -005, Lot Merger No. LM2014 -001, and Variance No. VA2014 -002, subject to the conditions set forth in Exhibit A, which is 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. 3. For Lot Merger No. LM2014 -001 this action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal is filed with the City Council in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 6th DAY OF FEBRUARY, 2014. AYES: NOES: ABSTAIN: ABSENT: 10 -15 -2013 Planning Commission Resolution No. #### Paqe 19 of 27 BY: Bradley Hillgren, Chair M Kory Kramer, Secretary 10 -15 -2013 Planning Commission Resolution No. eft Paqe 20 of 27 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Use Permit No. UP2013 -019, Site Development Review No. SD2013 -005, Lot Merger No. LM2014 -001, and Variance No. VA2014 -002 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. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. This Use Permit, Site Development Review, Lot Merger and Variance may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Any changes in operational characteristics, including but not limited to the following, shall require an amendment to this use permit or issuance of a new use permit: a. Modification, expiration without renewal, or loss of DSS license. b. Increase in number of client residents. C. Change in on -site staffing affecting the ability of the operator to adequately manage the facility and provide supervision of its residents. d. Increase in physical capacity of facility including number of beds, number of bedrooms, floor area of facility, etc. e. Change in the Operations and Management Plan. f. Request for amendment to any condition or conditions of approval. 10 -15 -2013 Planning Commission Resolution No. eft Paqe 21 of 27 g. Change in property ownership in a manner that causes the majority of the property to be owned by a person or entity not identified in the Use Permit or its application. h. Alteration and /or loss of approved on -site parking. i. Upon determination by the Community Development Director, a change in facility management, a change in facility ownership, or a change in the population served by this facility. j. Any other material change in the operational characteristics that is not in substantial conformance with the Operation and Management Plan, upon determination by the Community Development Director. 8. Routine deliveries to the site shall be limited to 9:00 a.m. to 5:00 p.m.. Monday through Friday. 9. Visiting hours shall be limited from 8:00 a.m. to 8:00 p.m., seven days a week. 10. All employees shall park on -site. 11. The Operator shall maintain an Operations and Management Plan consistent with the Operations and Management Plan approved with Use Permit No. 2013 -019 and in compliance with Section 20.52.030 G. of the Zoning Code. 12. The use shall be operated in compliance with applicable State and local laws and in compliance with the Management and Operating plan and rules of conduct reviewed as part of the application for a conditional use permit. 13. The Operator shall comply with the Business License provisions of the Municipal Code. 14. The Operator shall provide and maintain public notice of and operate a hotline for receiving inquiries and /or complaints in reference to operation of its facility with calls responded to within the next 24 -hour period. 15. The Operator shall not allow more than two residents in one bedroom. 16. Smoking on -site shall be restricted to a designated area that will prevent second -hand smoke from traveling to the adjacent properties. This area shall be identified on the final construction drawings. 17. Prior to the final of building permits, the Operator shall obtain a license from the DSS and maintain a DSS license at all times for the memory care facility. 10 -15 -2013 Planning Commission Resolution No. ; Paqe 22 of 27 18. Assembly uses are prohibited, except those that are limited solely to client residents of the facility and facility staff (and in some cases small meetings of a resident's family members with facility staff). 19. Any and all medical waste generated through the operation of the facility shall be disposed of in accordance with the City of Newport Beach's Municipal Code, and all other laws and best industry standards and practices. 20. Operator shall hire and maintain a commercial refuse bin service, and limit pick -up to one weekday per week between 9:00 a.m. and 5:00 p.m. 21. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 22. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of -way. 23. 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. 24. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 25. The 22 on -site parking spaces shall remain free and clear of obstruction and available for parking at all times. 26. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 27. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Use Permit/Site Development Review /Lot Merger/Variance file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10 -15 -2013 Planning Commission Resolution No. #### Pace 23 of 27 28. Prior to the issuance of a building permits, the applicant shall submit a final landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the City Urban Forester and the Planning Division. 29. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and 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. 30. The site shall be in compliance with Zoning Code Section 20.30.070. If in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources, the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 31. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "1" or less at all property lines, unless otherwise approved by the Community Development Director. 32. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 33. At the time of building permit issuance, a fair share fee will be assessed for the change of use on the project site. 34. 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: 35. 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. 10 -15 -2013 Between the hours of TOOAM and 10:OOPM Between the hours of 10:OOPM and TOOAM 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 NIA 65dBA N/A 60dBA 35. 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. 10 -15 -2013 Planning Commission Resolution No. #### Paqe 24 of 27 36. 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. 37. No outside paging system shall be utilized in conjunction with this establishment. 38. 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. 39. 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 1000 Halyard Memory Care Facility including, but not limited to, the Conditional Use Permit No. UP2013 -019, Site Development Review No. SD2013 -005, Lot Merger No. LM2014 -001, and Variance No. VA2014 -002. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 40. The applicant is required to obtain all applicable permits from the City's Fire Department. 41. Vehicle access gates or barriers installed across streets or easements, shall be in accordance with the Newport Beach Fire Department Guidelines. Three site plans are required to be submitted for gate /barrier plan review and approval. Plans shall indicate measurements, location, type of gate /barrier, and type of locking device, approved opening devices, and gate swing direction. The minimum width of the gate or opening necessary at a point of access shall not be less than 14 feet of unobstructed width. The minimum width may be increased depending on the length of the approach. 42. To ensure that emergency vehicle access is permanently provided, reservation of the easement for the proposed property shall be permanent unless a revision to the emergency access is approved by the Fire Department. 43. All emergency vehicle access gates where electrically operated shall have an approved key switch and an approved remote opening device shall be installed and maintained 10 -15 -2013 Planning Commission Resolution No. eft Paqe 25 of 27 operational at all times or locked in the open position until operational. Manual gates shall have a lock approved by the Newport Beach Fire Department. 44. Alternative surface fire access roads may not exceed one hundred and fifty feet in length, from beginning to end. Alternative surfaces shall only be installed on slopes of one degree (1.75% grade) or less unless specified for steeper grade by the manufacturer and approved by the Fire Code Official. Alternative surfaces must be provided as per Newport Beach Fire Department Guideline C.01. The design shall incorporate a curb cut or rolled curb at both the entrance and exit points that delineates entry onto the alternative surface. The curb cut or rolled curb must be indicated on the plan. 45. A minimum four - inch -wide concrete strip shall delineate the alternative surface on both sides of the lane. Alternatives to concrete must be approved by the Fire Chief. Strip delineations shall be indicated on the plans. 46. Fire flow will need to be determined for the proposed structures. Newport Beach Guideline B.01 will need to be completed to determine the number of required fire hydrants. 47. Fire alarm is required as per C.B.C. Sec. 907.2.9 & Sec. 425.7.2. 48. Gates and fences for residential care facilities shall comply with C.B.C. Sec. 425.8.8. 49. Delayed egress locks shall comply with C.B.C. Sec. 425.8.10. 50. As per C.B.C. Sec. 425.4.1, construction requirements must be met pursuant to Health and Safety Code Section 13131.5. 51. All buildings and structure with one or more passenger service elevator shall be provided with not less than one medical emergency service elevator to all landings meeting the provisions of Section 3002.4a. 52. In compliance with C.B.C. Sec. 3002.4 1a, the medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher (maximum size 24 inches by 84 inches) with not less than 5 -inch radius corners in the horizontal position. 53. In compliance with California Fire Code Section 904.11, commercial cooking equipment that produce grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code, and an automatic fire extinguishing system that is listed and labeled for its intended use. 10 -15 -2013 Planning Commission Resolution No. eft Paqe 26 of 27 Building Division Conditions 54. The applicant is required to obtain all applicable permits from the City's Building Division. The construction plans must comply with the 2010 California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 55. Fire protection shall comply with Section 425.7. 56. Underground Utilities Service Connection is required per section 15.32.015 of the Newport Beach Municipal Code. 57. The building shall have fire sprinklers with monitored fire alarms. 58. 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. • 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. • 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. 59. 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 Division and Code and Water Quality Enforcement Division. The WQMP 10 -15 -2013 Planning Commission Resolution No. #### Paqe 27 of 27 shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 60. 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. Public Works Conditions 61. All dead end drive aisles shall be accompanied by a dedicated turn around space and a 5 foot minimum hammerhead /drive aisle extension. 62. The parking layout shall comply with City Standard STD - 805 -L -A and STD - 805 -L -B. 63. The project shall provide a minimum 26 foot drive aisle from Monrovia Avenue through the private road easement to the proposed project site. 64. All applicable fire lanes shall be provided and posted no parking on Halyard and Medical Lane. Fire lanes shall be approved by the City of Newport Beach Fire Department. 65. The westerly terminius of Medical Lane and /or the adjacent parcels shall be designed to incorporate a turnaround area for the users of Medical Lane. The turnaround area may include a reconfiguration of the adjacent parking areas. 10 -15 -2013