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HomeMy WebLinkAbout2014-27 - Upholding the Decision of the Planning Commission and Approving Conditional Use Permit No. UP2013-023 for a Religious Assembly Use and a Joint Use of Parking Located at 2240 University Drive (PA2013-206)RESOLUTION NO. 2014 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING 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 CITY COUNCIL 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 use the second floor of an existing two -story office building for a religious assembly use. No expansion 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 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 by the Planning Commission 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. 6. The Planning Commission unanimously voted to adopt Resolution No. 1930 approving Conditional Use Permit No. UP2013 -023. 7. On February 6, 2014, Mobilitie, LLC, property owner of 2220 University Drive, filed an appeal of the Planning Commission's decision. 8. A public hearing was held by the City Council on March 25, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council considered evidence both written and oral presented at this meeting. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. City Council Resolution No. 2014 -27 Page 2 of 13 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, in situations where there is no reasonable possibility that there will be significant impacts on the environment due to unusual circumstances. The key consideration is whether the project involves negligible or no expansion of an existing use. 3. The proposed project involves interior improvements to convert a previous office use to an assembly use and involves no expansion in floor area. 4. The proposed project requires less parking during the daytime, Monday through Friday, than the office use previously occupying the subject tenant space. During evenings and weekends when parking demand rises, unrestricted access to the 255 space parking lot will be available because office uses on site have divergent hours of operation and will generally be closed. In addition, up to 165 spaces will remain available for office complex workers who may use the site during evenings and weekends. 5. The proposed assembly use will have no significant impact on the environment, including but not limited to, traffic impacts. The City of Newport Beach's TPO provides a uniform method of analyzing and evaluating the traffic impacts of projects. Projects generating no more than 300 average daily trips are exempt from the Ordinance and considered to have no significant impact due to the anticipated changes in traffic circulation. The proposed assembly use generates 84 average daily trips on weekdays, which is less than the 101 average daily weekday trips generated by the previous office use, and results in a net reduction of 17 average daily weekday trips. Therefore, the project is exempt from the TPO and no significant impact to traffic is anticipated. An analysis provided by RK Engineering Group supplements this determination finding that the peak hours of operation of the proposed assembly use are not in conflict with other existing general office tenants, the assembly use will not create a parking deficiency on the site, that the development will generate fewer trips than the previous general office use during weekday peak hours, and that the trips generated by the assembly use should not negatively affect traffic during weekday peak hours. 6. There are no unusual circumstances to suggest that there will be significant effects on the environment. The proposed assembly use does not include school uses, and the parking lot is available for the assembly operation. To the extent that the parking lot becomes unavailable, the project as conditioned requires the applicant to modify its use based on the available parking. On the basis that there is no expansion in floor area, adequate parking is available, there is no significant impact to traffic, and City Council Resolution No. 2014 -27 Pape 3 of 13 because there are no unusual circumstances or significant impacts on the environment, the project qualifies for the Class 1 exemption. 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: 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 through group activities, lectures, religious services, and gatherings, consistent with this designation. 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 the evening and weekend peak period. 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 office hours. City Council Resolution No. 2014 -27 Page 4 of 13 B -3. In finding that the proposed use complies with Section 20.40.110, the following criteria has been considered: L The most remote space is located within a convenient distance to the use it is intended to serve. 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. During this peak parking period, unrestricted use of the 255 space parking lot will be available because office uses sharing the site will generally be closed. Office uses traditionally have peak parking demand during the daytime (8 a.m. to 5 p.m.), Monday through Friday, which is different than the peak parking demand for the proposed assembly use. The proposed assembly use is required to maintain 90 parking spaces during the evening and weekend peak period, leaving up to 165 parking spaces for office complex workers, who may use the site outside of normal office hours. A parking and traffic study was prepared by the applicant to demonstrate that there is no conflict in parking during the evening and weekend peak period. The analysis found that during this period, the operation of the proposed assembly use is not in conflict with other existing general office tenants, the assembly use will not create a City Council Resolution No. 2014 -27 Pade 5 of 13 parking deficiency on the site, that the development will generate fewer trips than the previous general office use during weekday peak hours, and that the trips generated by the assembly use should not negatively affect traffic during weekday peak hours. Conditions of approval and the Parking Management Plan are 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 (CC &R's) 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's Office. 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 includes the entire parking lot. This nonexclusive use 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. B -5. In finding that the proposed use complies with Section 20.40.100, the following criteria has been considered: i. The parking facility is located within a convenient distance to the use it is intended to serve. The applicant, only after securing a written agreement from the property owner, proposes to use the adjacent YMCA parking facility (2300 University Drive) for off - site parking on the holidays of Rosh Hashanah and Yom Kippur. The parking facility is conveniently located within walking distance of the proposed assembly use. ii. On- street parking is not being counted towards meeting parking requirements. The applicant does not propose to count on- street parking towards the parking requirement. City Council Resolution No. 2014 -27 Paae 6 of 13 iii. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. The adjacent parking facility is located in an area that is not frequently travelled by residents or visitors of the City. in addition, the parking facility is isolated at the rear of the YMCA, is expansive, and will only be used temporarily to accommodate the proposed assembly use twice per year on the holidays of Rosh Hashanah and Yom Kippur. Therefore, use of the parking facility will not constitute a hazard to public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. iv. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. The applicant, in securing a written agreement to use the adjacent YMCA parking facility will ensure spaces are available, marked, and maintained for the assembly use served. 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 through group activities, lectures, religious services, and gatherings. 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 expansion 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 (periods of worship). Parking demand will increase and peak during this period. However, adequate parking will be available for the assembly use because office uses sharing the site will generally be closed. Office uses traditionally have peak parking demand during the daytime (8 a.m. to 5 p.m.), Monday through Friday, which is different than the peak parking demand for the proposed assembly use. Should office complex workers on -site occasionally require use of the 255 space parking lot during evenings or weekends, up to 165 spaces (255 City Council Resolution No. 2014 -27 Paae 7 of 13 total — 90 required for assembly use) will remain available. Therefore, the anticipated 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 including educational and /or day care facilities are not proposed as part of the assembly use. Educational and /or day care facilities that may be classified as an E occupancy are not permitted in the subject second floor tenant space due to California Building Code restrictions. 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. 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. City Council Resolution No. 2014 -27 Pape 8 of 13 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. Educational, day care facilities, and outdoor activities are not proposed which might otherwise constitute a hazard to safety or welfare. 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. The proposed assembly use will have no significant impact on the environment, including but not limited to, traffic impacts. The City of Newport Beach's TPO provides a uniform method of analyzing and evaluating the traffic impacts of projects. Projects generating no more than 300 average daily trips are exempt from the Ordinance and considered to have no significant impact due to the anticipated changes in traffic circulation. The proposed assembly use generates 84 average daily trips on weekdays, which is less than the 101 average daily weekday trips generated by the previous office use, and results in a net reduction of 17 average daily weekday trips. Therefore, the project is exempt from the TPO and no significant impact to traffic is anticipated. 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 City Council of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013 -023 and upholds the decision of the Planning Commission subject to the conditions set forth in Exhibit A and Exhibit B, which are attached hereto and incorporated by reference. 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. 3. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. City Council Resolution No. 2014 -27 Pacie 9of13 4. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of March, 2014. ATTEST: Leilani 1. Brown, / City Clerk Rush N. Hill, 11 Mayor City Council Resolution No. 2014 -27 Paqe 10 of 13 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 seats, maximum, and shall maintain a minimum of 36 parking spaces, except on the holidays of Rosh Hashanah and Yom Kippur. On such days, the maximum may be increased to 207 seats if the applicant obtains a written agreement securing on -site or conveniently located off -site parking for the additional parking demand commensurate with the increased occupancy at a rate of 1 space per 3 seats. In addition, parking secured shall not create any undue traffic hazards or negatively impact the surrounding area. 9. Evening (after 5:30 p.m.) and weekend assembly use shall be limited to 207 seats, maximum. 10. Area used for assembly purposes shall be limited to the multipurpose room and social hall. City Council Resolution No. 2014 -27 Page 11 of 13 11. Educational or day care uses that may classify the space as an E occupancy per the California Building Code shall not be permitted. 12. 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 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. 13. 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. 14. 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. 15. Construction activities and staging associated with the tenant improvements shall not impact access to the site or disrupt access to the parking spaces. 16. 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: 17. 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. 18. 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. 19. 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 beyond what is anticipated with this Conditional Use Permit, involve the sale of alcoholic beverages, include any form of on -site media broadcast, Between the hours of 7:OOAM and 10:00PM Between the hours of 10:OOPM 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 17. 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. 18. 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. 19. 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 beyond what is anticipated with this Conditional Use Permit, involve the sale of alcoholic beverages, include any form of on -site media broadcast, City Council Resolution No. 2014 -27 Paqe 12 of 13 or any other activities as specified in the Newport Beach Municipal Code to require such permits. 20. 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, 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. City Council Resolution No. 2014 -27 Paqe 13 of 13 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 second floor religious facility shall be limited to a maximum of 108 seats within the multipurpose room and social hall, and a minimum of 36 parking spaces shall be maintained on -site, except as specified by Condition No. 8 of Exhibit A (Conditions of Approval). 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. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2014 -27 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 251h day of March, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of March, 2014. auuIk �- km- City Clerk V Newport Beach, California (Seal)