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Home My WebLink About12 - PC Appeal for 2240 University DriveCITY OF NEWPORT BEACH City Council Staff Report March 25, 2014 Agenda Item No. 12. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Brenda Wisneski, AICP, Deputy Community Development Director 949-644-3297, bwisneski@newportbeachca.gov PREPARED BY: Jason Van Patten, Planning Technician PHONE: (949) 644-3234 TITLE: Appeal of the Planning Commission's Decision to Approve Conditional Use Permit No. UP2013-023 for 2240 University Drive (PA2013-206) ABSTRACT: An appeal of the Planning Commission's January 23, 2014, decision to approve Conditional Use Permit No UP2013-023 authorizing a religious assembly use and establishing a parking management plan allowing for joint use of the common parking lot during evenings and weekends. RECOMMENDATION: a) Conduct a de novo public hearing; b) If approved, find that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines. If denied, find that the action is not subject to CEQA pursuant to Section 15270 of the CEQA Guidelines; and c) Adopt 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) (Staff Report Attachment No. CC 1). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: 260 Project Setting The subject property is located at the end of University Drive and is bordered to the south by Upper Newport Bay Regional Park. The site is comprised of five individual parcels which are developed with four multi -story office buildings (67,951 gross sq. ft. total) and a common area parking lot consisting of 255 parking spaces. The subject parcel occupies 19,262 square feet (0.44 acres) of a 178,395 square -foot project site (4.09 acres). Other surrounding land uses include single-family residential to the north and east and a YMCA facility to the west. Project Description The applicant proposes to use the second floor (8,958 net sq. ft.) of an existing two-story office building (16,932 net sq. ft.) for a religious assembly use. No increase in floor area is proposed, and the existing 7,974 net square feet of general office uses on the first floor remain. The interior renovations consist of a multipurpose room, social hall, and administrative offices, with remaining floor area designated for a children's room, kitchen, library, and storage. The multipurpose room will be used for support groups, workshops, and education classes with the social hall used for lectures, community gatherings, and religious services (periods of worship). The anticipated religious facility operation and expected occupancy are as follows: Peak Period Operation Occupancy Daytime, Monday - Friday (9:00 a.m. - 5:30 p.m.) General office use 5 employees weekly su port group 15-25 people Weekly mommy and me group 10-15 people Evenings, Monday - FridayTwice (5:30 p.m. - 10:00 p.m.) weekly adult education classes 15-40 people Weekly religious service 40-60 people Lectures 207 people Workshops 20-40 people Community shabbat 80 people Weekends Weekly religious service 40-60 people Religious Bar / Bat Mitzvah instruction 150-200 people During the daytime weekday peak period, activities may occur simultaneously resulting in up to 45 people on site at one time. During the evening and weekend peak period, up to a maximum of 207 people may be expected at one time. Therefore, the applicant requests to establish a parking management plan to allow joint use of the parking lot during evenings and weekends to address the increase in parking demand. Please refer to the Planning Commission staff report from January 23, 2014, for a detailed discussion and analysis of the proposed project and requested approval (Attachment No. CC 5). The full staff report is available at htti)://www.newl)ortbeachca.gov/index.asl)x?page=1325. Background Planning Commission Hearing and Decision On January 23, 2014, the Planning Commission conducted a public hearing and reviewed the applicant's request. Eight members of the public spoke in support of the project and one member spoke in opposition. Those in support generally stated that the religious assembly use 261 would benefit the community. The member in opposition, an attorney representing Mobilitie, LLC, the property owner of 2220 University Drive, expressed concerns related to the appropriateness of the religious assembly use in the Zoning District based on issues related to parking and traffic, consistency with conditions, covenants, and restrictions (CC&R's), environmental review, and findings required for approval of a conditional use permit. After considering the testimony received and extensive discussion regarding the project, the Planning Commission determined there were sufficient facts to support the required findings and voted unanimously to approve the Conditional Use Permit application (Refer to Attachment Nos. CC 6 and CC 7 for the adopted resolution and meeting minutes from the January 23, 2014, Planning Commission meeting). Appeal of Planning Commission Decision On February 6, 2014, Mobilitie, LLC, filed an appeal of the Planning Commission's decision. The appellant cited the concerns it raised at the Planning Commission meeting on January 23, 2014. The appellant's appeal application and accompanying letter are included as Attachment Nos. CC 3 and CC 4. DISCUSSION: w.. The appellant requests that the City Council reconsider and reverse the Planning Commission's action to approve the project. Chapter 20.64 of the Municipal Code establishes the procedures for the appeal process. Pursuant to Section 20.64.030 (Filing and Processing of Appeals), a review of an appeal from a decision by the Planning Commission shall be de novo, meaning the review is starting over. The review authority for the appeal, in this case the City Council, is not bound by the decision that has been appealed or limited to the issues raised on appeal. Analysis The appellant's application (Attachment No. CC 3) cites the following five reasons for the appeal: 1) this is the wrong zone for this use; 2) the parking and traffic issues have not been properly considered; 3) the proposed use will violate the use restrictions in the CC&R's; 4) the proposed use is not exempt from environmental review due to the significant traffic and parking impacts; and 5) the findings required for a conditional use permit have not been satisfied. In addition, to the reasons cited, the appeal application states that a comment letter dated January 23, 2014, and presented to the Planning Commission should be considered for the appeal (Attachment No. CC 4). The letter cites two additional reasons for opposition: 1) the wrong party submitted the application; and 2) the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) does not give the project applicant an advantage over non -religious users. The following discussion summarizes the appellant's reasons for the appeal and provides responses for City Council consideration. 1. This is the wrong zone for the use. General Comment: The appellant believes a religious institution is not appropriate in this particular Office General (OG) Zoning District. 262 Response: Table 2-4 of Zoning Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) indicates religious assembly uses are conditionally permitted within the OG Zoning District. Pursuant to Chapter 20.20, the OG Zoning District is intended to provide for areas appropriate for administrative, professional, and medical offices with limited accessory retail and service uses. In this case, the proposed assembly use will provide a support service to the community, through, but not limited to, group activities, lectures, and religious services, consistent with this designation. In addition, this particular project site is located adjacent to an allowed public facility (YMCA) use, maintains access to the site from University Drive which is generally not a highly congested roadway due to the limited number of properties fronting the street, and is in a location such that it is unlikely that attendees of the assembly use will impact residential neighborhoods which are located behind the subject property to the east. For these reasons, a religious assembly use is reasonably appropriate in the Zoning District and at can be accommodated for at this particular location. 2. The parking and traffic issues have not been properly considered. General Comment: The appellant alleges that religious services are not offered strictly on Friday nights and Saturday, but occur three times per day. The appellant further states that most Chabads have schools, including preschools which involve children and additional traffic. The appellant also states that the Planning Commission staff report does not consider the vacancy of the 2220 and 2260 University Drive buildings, which when occupied, will leave inadequate parking for the proposed assembly use, and other users of the site. Response: The project description provided by the applicant and included as Attachment No. PC 3 in the Planning Commission Staff Report, specifies that religious services (periods of worship) are conducted on Friday night and Saturday morning, with other activities (eg. office use, guest lectures, support groups, etc.) held at other times and other days of the week. Periods of worship will not be held more frequently, and there is no school, preschool, or related outdoor uses included in the application. A detailed response to parking and traffic concerns is discussed below: Parking Office Use - The City's parking requirements are determined by type of use pursuant to Table 3-10 of Zoning Code Section 20.40.040 (Off -Street Parking Spaces Required), and are not based on level of occupancy. Office uses within the complex are required to provide 1 parking space for every 250 square feet of net floor area which equates to 256 parking spaces (64,026 net sq. ft. / 250). The required number of parking spaces may be administratively reduced by the Community Development Director when parking spaces are lost due to ADA (Americans with Disabilities Act) requirements associated with tenant improvements. The office complex has undergone tenant improvements requiring the conversion of parking spaces to loading zones resulting in a minimal loss of parking for ADA purposes. Therefore, the Community Development Director has determined that the existing 255 space parking lot meets the ratio required for the office uses located on this site. Daytime, Weekday Assembly Use - The Planning Commission considered the change in use of the subject second floor tenant space from an office use to an assembly use. As an office use, the tenant space requires 36 parking spaces (8,958 net sq. ft. / 250). As an assembly use the tenant space requires 15 parking spaces during the daytime (prior to 5:30 p.m.), Monday through Friday, based on the anticipated maximum number of people visiting the site at one time (45 persons), and a parking requirement of 1 space for every 3 seats as specified in the 263 Zoning Code. Although the Zoning Code also allows the parking requirement for an assembly use to be based on floor area used for assembly purposes (1 space for every 35 sq. ft.), parking demand based on number of seats is appropriate in this case because it closely corresponds with the anticipated number of seating necessary for visitors of the site. In addition, the applicant seeks the ability to use both the multipurpose room (1,100 sq. ft.) and social hall (2,016 sq. ft.) for flexibility in operation, but does not intend on using all 3,116 square feet of floor area. The intent is to conduct small, infrequent group meetings, and operate similar to an administrative office. Therefore, because parking demand during this period will be less than the existing office use (15 as compared to 36), sufficient parking is provided. Evening and Weekend Assembly Use - Based on the divergent hours of operation of the existing uses on site, the applicant proposes assembly activities during the evening (after 5:30 p.m.) and weekend periods (up to a maximum of 207 persons), which will generate a parking demand of 69 spaces (207 seats / 1 per 3 seats), an increase of 33 spaces as compared to the previous office use. 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. Should office complex workers on-site require use of the parking lot during evenings or weekends, as suggested in the letter provided by Mobilitie, LLC, dated January 23, 2014, up to 165 spaces (255 total — 90 conditioned for assembly use) will remain available for unrestricted use. To conservatively provide for the anticipated operation during evenings and weekends, the approval is conditioned requiring that a minimum of 90 spaces (3,116 sq. ft. assembly area / 35) be maintained on-site for the proposed assembly use. Further, the CC&R's recorded on the 2220, 2240, 2260, and 2280 University Drive properties specify that every owner has a nonexclusive use of the parking facility which ensures access to parking for all users at all times. Section 12.1 of the CC&R's also provides that in the event of over use by any one owner, the Bay Corporate Plaza Association ("Association") has the right to establish reasonable rules and regulations pertaining to the use of the community facilities, including, without limitations, rules and regulations governing the quantity and location of parking for Members and their employees and the quantity and location of parking for customers of the Members. Said provisions are in place to prevent excessive use of the parking lot. Traffic In reviewing the application for the Conditional Use Permit, staff referenced the ITE Trip Generation Manual (9th Edition, 2012) and reviewed trip generation rates as a result of the change in use. Staff concluded that average daily trips generated on weekdays by the proposed assembly use would be less than the previous general office use. Weekend activities would generate increased trips. A trip generation comparison prepared by City staff is included as Attachment No. CC 8. The City's Traffic Phasing Ordinance (TPO) contained in Chapter 15.40 of the Municipal Code provides additional direction to staff when evaluating traffic impacts. An objective of the TPO is to provide a uniform method of analyzing and evaluating the traffic impacts of projects that generate a substantial number of average daily trips and/or trips during the morning or evening peak hour period. The TPO specifies that projects generating no more than 300 average daily trips are exempt from provisions of the Ordinance, and do not require further traffic analysis or a traffic study. In general, projects that are exempt from the TPO are regarded as not having a significant traffic impact. In this case, there are no unusual circumstances to suggest otherwise. Given that the application contemplates weekend assembly uses, it should be noted that the 264 intent of the TPO is to assess potential traffic impacts associated with an increase in average daily trips, not one specific day of the week. The City does not study weekends and does not collect or maintain traffic counts on streets or intersections during the weekends. The TPO specifically states that traffic volumes to be used in the analysis shall be based on counts taken on weekdays. In this case, City staff has determined the proposed assembly use generates 84 average daily trips on weekdays, less than the 101 average daily weekday trips generated by the previous office use. As discussed, the project is exempt from the TPO and not anticipated to result in traffic impacts. In addition to the analysis provided by City staff, the applicant has provided a parking and traffic study prepared by RK Engineering Group (Attachment No. CC 9). The study finds that parking provided onsite would be sufficient to accommodate the peak parking demand of the proposed assembly use, and based upon a review of trip generation, the assembly use will not be excessive from a traffic standpoint in comparison to the site's previous general office use. 3. The proposed use will violate the use restrictions in the CC&R's. General Comment: The appellant believes the proposed assembly use will violate the CC&R's recorded July 12, 1983, which are between all building owners of the Association. Specifically, the appellant implies that the assembly use is in violation because the Board of Directors of the Association has not adopted a rule allowing for the excessive use of the parking lot by the assembly use. Response: The applicant included a letter from the Association as attachment No. PC 5 in the Planning Commission staff report which states that a majority of Association members do not feel that the occasional evening and weekend use of the parking lot by the proposed religious facility is likely to create an overuse or cause the need for a specific allocation of parking. Section 12.1 of the CC&R's further entitles every member to the nonexclusive use and enjoyment of the community facilities which includes the parking lot. However, the City of Newport Beach does not regulate agreements between private parties such as these. The issuance of a permit or approval does not relieve the applicant of the legal requirement to observe CC&R's which are recorded against the property. Furthermore, Condition of Approval Number 11 provides that 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 during the evening and weekend peak period. The Parking Management Plan (Exhibit B of Attachment No. CC 1) also requires that the Community Development Director be made immediately 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 the Parking Management Plan and Conditional Use Permit to address parking demand. The intent of these provisions is to preclude parking conflicts. 4. The proposed use is not exempt from environmental review due to the significant traffic and parking impacts. General Comment: The appellant believes the proposed assembly use is not exempt from environmental review and asserts that traffic and parking impacts have not been properly analyzed and are incomplete and misleading. Response: The proposed project was determined to be categorically exempt under Section 265 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Examples include but are not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The key consideration for the Class 1 exemption is whether the project involves negligible or no expansion of an existing use. A detailed analysis regarding consistency with the Class 1 exemption is contained in the Environmental Review section of this staff report. 5. The findings required for a CUP have not been satisfied. General Comment: The appellant asserts that the required findings for approval have not been satisfied. The following statements were provided by the appellant: . The use is not consistent with the General Plan in that the use is a religious institution and the General Plan calls for commercial office use. . A religious institution or "assembly" use is generally not allowed in a commercial office zone unless a conditional use permit is issued. There is no reasonable basis for the issuance of a conditional use permit in this case. . The anticipated use by Chabad is not compatible with the allowed uses in the vicinity, namely commercial office space. . A commercial office park is unsuitable for a religious institution, which will have childcare facilities, "Mommy and Me" classes, pre-school and regular school, without any yard or open space for children to play other than in the parking lot. Further the use by Chabad will result in parking and traffic congestion on the site. . The proposed use will be detrimental to the harmonious and orderly growth of the commercial center and might create a hazard to children who are attending functions at Chabad. Further, there will be increased traffic congestion and unavailability of parking spaces for not only Chabad, but also for the other commercial residents of the Bay Corporate Plaza Association. Response: As provided in Resolution No. 1930 (Attachment No. CC 6), the Planning Commission determined that each required finding for approval can be made. In addition, the following response is provided: Table LU1 of the General Plan specifies that the General Plan Land Use designation CO -G (General Commercial Office) is intended to provide for administrative, professional, and medical offices with limited accessory, retail, and service uses. In this case, the principal use of the facility is consistent with the General Plan Land Use designation because the religious facility will provide a support service to the community. Pursuant to Table 2-4 of Zoning Code Section 20.20.020 an assembly use is only permitted in the OG Zoning District with the approval of a conditional use permit. The assembly use was determined to be compatible with allowed uses in the vicinity on the basis that the proposed assembly use intends to function similar to existing office uses during daytime hours, Monday through Friday, will have peak parking demand during evenings and weekends, distinct from office uses sharing the site, will provide a support service to the community, and does not propose outdoor activities that might negatively impact surrounding uses. 266 The appellant provides no basis for the assertion that the proposed assembly use will have childcare facilities or school activities. The applicant's project description specifies that "mommy and me" classes are weekly, 90 -minute group meetings, consisting of 10 to 15 participants, where mothers remain with their children for story, music, and craft time. In addition, 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 (CBC) restrictions. To ensure schooling and day care are not included in the religious assembly operation, a condition of approval has been included prohibiting said uses. The claim that the proposed use will be detrimental to the growth of the commercial center and will create a hazard for children attending functions is unfounded because the intent of the proposed assembly use is to operate similar to an administrative office with small, infrequent meetings during the daytime when surrounding offices are operating, and to hold larger group meetings during evenings and weekends, when office uses are generally closed. Groups involving children are limited in attendance, and represent a component of the operation. There will be no schooling, day care, or outdoor activities associated with said activities which might otherwise constitute a hazard for visitors attending activities. 6. The wrong party submitted the application. General Comment: The appellant implies the property owner, Stein Holdings, LLC, should be the applicant. Response: Planning Division applications required for discretionary approvals are required to be signed by the property owner authorizing involvement with the application; however, property owners are not required to serve as the applicant. The planning application filed for the Conditional Use Permit was signed by David Stein of Stein Holdings, LLC, the owner of record. 7. A religious institution is generally subject to the same requirements for a land use permit as any other applicant, the religious land use and institutionalized persons act of 2000 (RLUIPA) does not give Chabad and edge over non -religious users. General Comment: The appellant implies that the proposed use was given an advantage and not subject to the same requirements as another applicant. Response: The City agrees that, among other things, the Religious Land Use and Institutionalized Persons Act, codified as 42 U.S.C. § 2000cc et seq., is a United States federal law establishing that no land use regulation may unreasonably limit religious assemblies, institutions, or structures within a jurisdiction. However, the City disagrees with the suggestion that the application was not subject to the same requirements as any other applicant. In fact, the applicant was required to adhere to the same submittal requirements and review as any other applicant for a conditional use permit. The applicant was not given an advantage or subject to different standards than would otherwise be required of another applicant. Alternatives If the City Council finds the facts do not support the findings required to grant approval of the Conditional Use Permit application, the City Council should adopt the draft resolution to deny the project (Attachment No. CC 2), reversing the January 23, 2014, decision of the Planning Commission to approve the Conditional Use Permit. 267 ENVIRONMENTAL REVIEW: Should the City Council act to deny the request, the project would be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the CEQA Guidelines. Section 15270 states projects which a public agency rejects or disapproves are not subject to CEQA review. Should the City Council act to approve the Conditional Use Permit, staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 1 exempts projects involving no or negligible expansion of an existing 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 proposed project involves interior improvements to convert a previous office use to an assembly use and involves no expansion in floor area. 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. 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. The 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. Furthermore, 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 is 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 because there are no unusual circumstances or significant impacts on the environment, the project qualifies for the Class 1 exemption. NOTICING: Notice of this review was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and appellant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Description CC 1 Draft Resolution to Approve CC 2 Draft Resolution to Deny CC 3 Application to Appeal the Planning Commission Decision CC 4 Appellant's Comment Letter dated January 23, 2014 CC 5 Planning Commission Staff Report dated January 23, 2014 CC 6 Adopted Planning Commission Resolution No. 1930 CC 7 Planning Commission Meeting Minutes from January 23, 2014 CC 8 Trio Generation Comparison CC 9 Parking/Traffic Study Prepared by RK Engineering Group 269 Attachment No. CC 1 Draft Resolution to Approve 270- 283 RESOLUTION NO. 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) IIION1:9411111-941411104[a]1001aI:1:9011was] 0041WIN 9013a A.&INMI :1:11VA1-YAa1►1007TA 9&71111100170-03 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. Paqe 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 rriay 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 na 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 285 City Council Resolution No. Paqe 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: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A-1. The subject property is designated as General Commercial Office (CO -G) within the Land Use Element of the General Plan which is intended to provide for administrative, professional, and medical offices with limited accessory; retail, and service uses. Other uses may be permitted in accordance with the CO -G land, use designation. A-2. The proposed assembly use will consist of -religious services, administrative office, and group meetings. The principal us& 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. W. -M City Council Resolution No. Paqe 4 of 13 B-3. In finding that the proposed use complies with Section 20.40.110, the following criteria has been considered: i. The most remote space is located within a convenient distance to the use it is intended to serve. 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 287 City Council Resolution No. Paqe 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. P .-M City Council Resolution No. Paqe 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 W-1.1 City Council Resolution No. Paqe 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. Q010] City Council Resolution No. Paqe 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. 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, by the following vote, to wit: P&M City Council Resolution No. Paqe 9 of 13 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK PRA City Council Resolution No. Pace 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 oCrevoked 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, incl"u_ding 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. 40193 City Council Resolution No. Pace 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, K-00 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA SOdBA 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, K-00 City Council Resolution No. Pace 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. 295 City Council Resolution No. Pace 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. W011 Attachment No. CC 2 Draft Resolution to Deny 297 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REVERSING THE DECISION OF THE PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMIT NO. UP2013-023 FOR A RELIGIOUS ASSEMBLY USE AND A JOINT USE OF PARKING LOCATED AT 2240 UNIVERSITY DRIVE (PA2013-206) II:I:9y1WA5161110 Is] 1190laIa:9i11V9i72►144NYil:ia:I:1:1:4:Wag 104191`FTIVI&IIXi1T0..l 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. WM City Council Resolution No. Paqe 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQA") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings are set forth: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. In this particular case, City Council has determined that not all of the findings can be made for the following reasons: 1. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby denies Conditional Use Permit No. UP2013-023 (PA2013-206) and reverses the decision of the Planning Commission. 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. 10-15-2013 299 City Council Resolution No. Paqe 3 of 3 3. This decision was based on the particulars of the individual case and does not in and of itself or in combination with other decisions in the vicinity or Citywide constitute a precedent for future decisions. 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, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK IV 1 10-15-2013 300 Attachment No. CC 3 Application to Appeal the Planning Commission Decision 301 CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE PLAN n�fGrCOI�I�I5rS41d1 52 Application No, UP 2013-023; PA 2013-206 ( =1^F OF hiobili tie LLC { t'i� i C�'F=i Name of Appellant � ��• `549=599=37:69!;- or person filing: Phone: Address: 2220 University Drive, Newport Beach, CA 92660 Date of Planning Commission decision: January 23 2014 Regarding application of: Newport Jewish Center for (Description of application filed with Planning Commission) Conditional Use Permit ("CUP") for a synagogue ("Assembly" use) in an OG ("office/general").Zone. Reasons for Appeal: 1. This is the wrong zone for this use. 2. The traffic and findings requiM1 CUP have not been satisfied. See attorney Ross letter dated 1-23-14 p eas t to th� Planning Comission for more details �2,I 11 GGG-�t FOR OFFICE USE ONLY /Li /� •� �/(/t �— Date Appeal filed and Administrative Fee received: 7 1 rMIAM .20 cc: Appe:lanl Planning (furnish one set of mailing labels for mailing) File APPEALS: Municipal Code Sec. 20.64.030 (Deposit funds with Cashier in Account #2700-5000) 302 Receipt # 10 12419.005 Recreation & Senior Services Dept. 100 Civic Center Drive Bay E Newport Beach, CA 92660 Phone: (949) 644-3151 FAX: (949) 644-3155 Email: recreation@newportbeachca.gov DROP-IN CUSTOMER Receipt #1012419.005 Feb 6, 2014 12:01 PM Prepared By: jbattioli Customer ID: 1 Home phone: --, Work phone: -- Payment Summary - Check: $4,289.00 Check # 080048 Cash: $0 Credit Card: $0 Memo: $0 Account: $0 Gift Certificate: $0 Financial Aid: $0 Total Received: $4,289.00 wTransactions v Customer Drop -In Customer Home phone: -- Email: To: 1 Description CC Planning Commission Appeal Action: Product Sale Total Payments: $4,289.00 Payment Plan: $0 Charge $4,289.00 Total Charges $4,289.00 Total Payments $4,289.00 Balance $0 Page 1 of 1 Thank you for your choosing Newport Beach Recreation & Senior Services. Please visit us online at www.newportbeachca.gov https:Hactivenct001. active.coinlcnbreglservIeUshowReceipt. sdi?receiptheader_id=104616... 02/06/2014 303 Barry A. Ross, APC 7700 Irvine Center Drive, #710 Irvine, CA 92618 City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658 304 Attachment No. CC 4 Appellant's Comment Letter dated January 23, 2014 305 3C_ Corre9poncl-eviee_ PA2013 _Q_% BARRY A. ROSS A PROFESSIONAL CORPORATION 7700 IRVINE CENTER DRIVE, SUITE 710 IRVINE, CA 92618 January 23, 2014 City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92658 Re: Agenda Item No. 3 - Newport Jewish Center - PA 2013-206 2240 University Drive, Newport Beach, CA Conditional Use Permit No. UP2013-023 949-727-0977 949-727-9927 fax barry@rossrealestatelaw.com % w .rossrealeslalelaw.corri Honorable Chair Bradley Hillgren and Members of the Planning Commission for the City of Newport Beach: My name is Barry A. Ross. I am an attorney. I represent Mobilitie, LLC, the owner/occupant of the commercial office building at 2220 University Drive, Newport Beach, which is within the Bay Corporate Plaza Association. My client opposes the proposed Conditional Use Permit. The Bay Corporate Plaza Association consists of four similar two-story office buildings and an adjacent parking lot. The building at 2280 University Drive is owned by Elizabeth M. Jolnson and occupied by Anza Property Management and several other commercial tenants. The next building at 2260 University Drive is vacant and has been vacant for several years. It is currently listed for sale. The next building at 2240 University Drive, is owned by Stein Holdings, LLC. This is the building that the Chabad Jewish Center ("Chabad") wishes to occupy and use as a synagogue. The next building is the property of my client, Mobilitie, LLC. Mobilitie has been renovating dne building for more than one year and just occupied the renovated building this past week. Mobilitie's business consists of telecommunications. The business has approximately 100 employees and utilizes approximately 100 parking spaces. In addition, Mobilitie's customers and vendors conduct about 10 to 15 visits by carper day. Mobilitie's employees generally work Monday through Friday, including Friday night and Saturday. On Friday night, there are approximately 10 to 50 employees. On Saturday, there are approximately 10 to 50 employees. No one at the City of Newport Beach asked Mobilitie about Chabad or its parking requirements. Mobilitie never consented or approved of the use of Chabad at the Bay Corporate Plaza Association. You have in your staff report as attachment No. PC5 a letter from Bay Corporate Plaza Association signed by Donald P. Johnson as secretary/treasurer which states in part: 306 January 23, 2014 Page 2 "The majority of tiie -Association members do not feel that the occasional evening or weekend use of the parking area.by the. Jewish Center is likely to create any overuse or otherwise cause the need for specific allocation of parking among.rnembers." Mohiliti,e, a member. of the Association; was never asked by Bay Plaza Association for its input:regarding Chabad or its parkingrequirements. Furthei,Mobilitie was never invited to a meeting.o£Bay Corporate Plaza Association to discussthis.issue. There are.several reasons why the proposed Conditional Use Permit should be denied. Them reasons are:discussed.below.. I, THIS IS THE WRONG ZONE FOR. A SYNAGOGUE, A.CHURCIi ORF ,MOSQUE. The property is zoned OG ("Office/General" J. This is def ned' in Section 20.20;101 of the Newport:13each'Municipal Code as:follow.s: "The OG Zoning District is interided to provide for areas appropriate for administfative; professional. and medical offices with limited accessory -retail and service uses." A religious institution does not fit within the description. ofthe .OG Zone While a rel gious'instftufion:may be permitted in an OG ?onepursuant to a Condit onal.'Use Perinit, which the City has discretion to issue,,. the City should exercise itsdiscretion to deny the application for a Conditional Use Permit: because axe-ligious:institution.is not appropriate in:this particular GG -Gone. 2 THE PARKING AND TRAFFIC ISSUES HAVE NOT BEEN PROPERLY ;CONSIDERED BY YOUR STAFF. Contraty:1.6 the inforinati n in,yoar staff report, Chabad does not conduct group activities jytst on Friday night_and Saturday. To the contrary, Chabad has three religious services per day. In addition, Chabad.has `Mommy and.Me"-classes during the week. Although not.menti6ned in your staff report, -most Chabads`have schools, including. pre-schools. The school activity .will involve ehildret and more:vehiclesbn and around thepremises, Since'there is no area designated for a school -playground, there will no place for children to play outside otharthan iii the parking;area. This is a formula for disaster. While your staff report-seemsssto in'di'cate that parking will not be a problem, the staff report. does not take into consideration the fact that,Mobiliiie's-building has been vacant for more than.one year'durhtg the renovation period. Also; the, building at 2250 has been vacant -for several years; itis currently for sale. When 2260 sellsand_becomes oecupied.by commercial tenants, 307 January 23, 201.4 Page 3 combined. with the parking requirements of Mobilitie there will hot be adequate parking for Chabador, anyone else.. 3. THE PROPOSED USE WILL VIOLATE THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("CC&R's") RECORDED JULY' 1.2, 1983. Section 11.3 of the CC -&R'§ is.entitled Nuisances. It states in part "_ not shallanything be done thereon_which:may be; or may become, an annoyance, nuisanca to, the neighborhood, or which shall in any way interfere -with the quiet enjoyment•of each of the Owners of his respective Lot." Further, Section °l 1.6(e) states that the Board 'may adopt,rules for the regulation of the adulission. and parking -of vehicles, including, without limitatign2, commercial vehicles, and. employee and Owner parking within the Covered,Property. This appearstobe a situation where the Board would-be required to adopt -a rule specifically allowing for_ the excessive use of parkingby-Chabad. Mobilitie tvouldobject to the Board.takingany such action. Further, Section 1'2.1.x£ the CC&R's states that each owner is entitled -to share the nonexclusive use of the parking. -area. There are no: parking:spaces designated to a.particular owner. Thisparking arrangement would be disrupted by the excessive parking,regaircments of Chabad. 4. THE PROPOSED,USE IS NOT EXEMPT FROM ENVIRONMENTAL REVIEW DUE TO THE SIGNIFICANT TRAFFIC AND PARKING IMPACTS. The traffic_arid parking:impacts created. by Chabad have not. been properly analyzed. There has been no accurate of comprehensive analysis of traffic, or parking impacts. In fact; the analysis of the Traffic and parking impacts is incomplete and misleading: 5. THE WRONG PARTY SUBMITTED THE APPLICATION. Chabad is not the owner of the 2240 University. Drive, property. The owner is: Stein Holdings, LLC, which purchased`the property on May -29, 2012' from JDC.Enterprises, LLC by -document, niunber,2012-000303-632. Therefore, Chabad should not be -the -applicant in connection.with this proposal, 6. A RELIGIOUS INSTITUTION IS GENERALLY'SUBJECT ;TO THE SAIMI REQUIREMENTS FOR A_LAND USE PERMIT ? S ANY OTHER APPLICANT, HE RELIGIOUS LANTD USE AND -INSTITUTIONALIZED: PERSONS ACT OF 2000 (RLUIPA) DOES.NOT GIVE CHABAD AN EDGE OVER NON -RELIGIOUS USERS, Foursepare_ Gospel v; City of'S.an Leandro (2011) 673 Fad 1059, Los Angeles v.. Saha&Mesrvb Armenian Chrisiian School (2010) 188 Ca1.App, 4thB51; Scottish Rite .Cathedral. Assn. ofI u's Angeles v. City of -Los Angeles (2007)'156 Cal.App. 4th 108'. 7. THE FINDINGS REQUIRED FOR A CONDITIONAI.'USE PERIvflT HAVE NOT BEEN'' SATISFIED; January 23, 2014 Page 4 Pursuant to Section 20:52.020: of the Beach Municipal Code; the Planning Commission must make the following findings in order to approve a conditional use permit: (1.) The use. is consistent with the. general Ulan and. the applicable:specific plan; The use is not consistent, with the. general, plan.in-that the use is. a.relig'ious institution and the general'plan calls for commercial office use. Areligious institution or "assembly" use is.generally`not allowed, in a commercial office zone unlessa Conditional Use Permit is issued.- There is,no_ reasonable basis for the issuance, of -a Conditional Use Permit in this case. {3) The anticipated use by Chabad isnot compatible with the allowed'uses .in the vicinity; namely commercial office space. A commercial office park is unsuitable -for a:religious institution, whichwill. have childcare.facilities, "Mommy and Me" classes, pre-school and regular school, without any yard or open,space for children to play other than in the parking lot. Further, the use by Chabad will result in parking and traffic congestion on the site. The proposed: use will be -detrimental to the harmonious and orderly growth of the commercial -center and might create -a hazard to children who are attending fanrtiohs at Chabad, further, there will be -.increased traffic congestion and unavailability; of parlkiug spaces for not,only Chabad„ but also for the other commercial residents of the Bay -Corporate Plaza Association. Based on;the foregoing, I:renaest that the Planning Commission deny the application for Conditional Use Permit, In the alternative, I request that the Planting Commission continue this hearing so_ that its'staff mayprovide.a consideration of the points presented in this letter. 309 January 23., 2014, Page 5 if you Have any questions; I will do mybest to answer them.. Very thily.y'ours,. BAat S BAR es Cc: Client 310 Attachment No. CC 5 Planning Commission Staff Report dated January 23, 2014 311 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 23, 2014 Meeting Agenda Item No. 3 SUBJECT: Newport Jewish Center - (PA2013-206) 2240 University Drive Conditional Use Permit No. UP2013-023 APPLICANT: Newport Jewish Center PLANNER: Jason Van Patten, Planning Technician (949) 644-3234, jvanpatten@newportbeachca.gov PROJECT SUMMARY The applicant proposes to convert the second floor of an existing two-story office building into a religious facility. A conditional use permit is required to allow the assembly use, and to establish a parking management plan allowing for joint use of the common area parking lot during evenings and weekends. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2013-023 (Attachment No. PC 1). Prosect Setting The subject property is located at the end of University Drive and is bordered to the south by Upper Newport Bay Regional Park. The site is comprised of five individual parcels which are developed with four multi -story office buildings (67,951 sq. ft. total) and a common area parking lot consisting of 255 parking spaces. The subject parcel occupies 19,262 square feet (0.44 acres) of a 178,395 square -foot project site (4.09 acres). Other surrounding land uses include single-family residential to the north and east and a YMCA facility to the west. Project Description The applicant proposes to convert the second floor (8,958 net sq. ft.) of an existing two- story office building (16,932 net sq. ft.) into a religious facility. No increase in floor area is proposed, and first floor general office uses will be unchanged. The renovation will 312 Subject Property N* Common Parking Lot GENERALPLAN r Newport Jewish Center January 23, 2014 Page 2 VICINITY MAP b, %PA-� -a ZONING :11 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial Office General (OG) General Office Complex Office CO -G NORTH Single -Unit Residential Single -Unit Residential Residential Dwellings Detached (RS -D) (R-1-6000 SOUTH Open Space OS Planned Community PC 44 Upper Newport Bay Regional Park EAST Single -Unit Residential Single -Unit Residential Residential Dwellings Detached (RS -D) (R-1-6000 WEST Public Facilities PF Public Facilities PF YMCA Facility 313 Newport Jewish Center January 23, 2014 Page 3 consist of a multipurpose room, social hall, and administrative offices, with remaining floor area designated for a children's room, kitchen, library, and storage (Attachment No. PC 7 — Project Plans). The multipurpose room will be used for support groups, workshops, and education classes with the social hall used for lectures, community gatherings, and religious services. A detailed project description is included as Attachment No. PC 3. The anticipated religious facility operation and expected occupancy are as follows: Peak Period Operation Occupancy Daytime, Monday -Friday - General office use 5 employees (9:00 a.m. - 5:30 p.m.) - Weekly support group 15-25 people - Weekly mommy and me group 10-15 people Evenings, Monday -Friday - Twice weekly adult education classes 15-40 people (5:30 p.m. - 10:00 p.m.) - Weekly religious service 40-60 people - Lectures 207 people - Workshops 20-40 people - Community shabbat 80 people Weekends - Weekly religious service 40-60 people - Religious Bar/ Bat Mitzvah instruction 150-200 people During the daytime period, activites may occur simultanously resulting in approximately 45 people on site at one time. During evenings or on weekends, up to a maximum of 207 people may be expected at one time. Therefore, the applicant requests to establish a parking management plan to allow joint use of the parking lot during evenings and weekends to address the increase in parking demand. Analysis General Plan and Coastal Land Use Plan The subject property is designated General Commercial Office (CO-G/COG-B) within the Land Use Element of the General Plan and Coastal Land Use Plan. These designations are intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. Other uses may also be permitted in accordance with these designations. The principal use of the facility is consistent with the General Plan because the religious facility will provide a support service to the community. 314 Newport Jewish Center January 23, 2014 Page 4 Zoning Code The subject property is located within the Office General (OG) Zoning District. Assembly uses are conditionally permitted within the OG Zoning District pursuant to Zoning Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements). Parking The office use previously occupying the site required 36 parking spaces (8,958 sq. ft. / 1 space per 250 sq. ft.). Pursuant to Zoning Code Chapter 20.40 (Off Street Parking), assembly uses require one space per three seats, or one space per 35 square feet used for assembly purposes. Given the expected occupancy, parking demand based on number of seats is as follows: Parking Demand Based on Number of Seats Daytime Evenings/Weekends 1 space per 3 Seats 15 spaces 69 spaces (anticipated maximum occupancy) (45 seats) (207 seats) Parking Spaces Available 36 spaces 255 spaces (maximum seats per use permit conditions) (108 seats) (207 seats) During the daytime the applicant seeks the ability to use both the multipurpose room (1,100 sq. ft.) and social hall (2,016 sq. ft.) for flexibility in operation, but does not intend on using all 3,116 square feet of floor area. The intent is to conduct small group meetings and operate similar to an administrative office. Therefore, a parking demand based on the number of seats is appropriate because it relates with the actual number of people visiting the site. Further, the anticipated parking demand (15 spaces) is based on daytime activities occurring simultaneously. In instances where activities are held on separate days or times, the number of people on site will be reduced, as will parking demand. However, to ensure daytime operations do not generate parking demand beyond what was previously available for the general office use (36 spaces), a condition of approval is included limiting the site to 108 seats (36 spaces x 3 seats) during daytime hours. During evenings and weekends the intent is to maximize the area of assembly which will generate a parking demand of 69 spaces, an increase of 33 spaces as compared to the previous office use. However, during these peak periods, unrestricted use of the 255 space parking lot will be available because office uses sharing the site will generally be closed (Attachment No. PC 4). Still, to conservatively provide for the anticipated operation during evenings and weekends, a condition of approval is included requiring that a minimum of 90 spaces (3,116 sq. ft. / 1 space per 35 sq. ft.) shall be maintained on-site for the proposed assembly use. 315 Newport Jewish Center January 23, 2014 Page 5 Pursuant to Section 20.40.110.B.2 (Adjustments to Off -Street Parking Requirements — Joint Use of Parking Facilities) required off-street parking may be reduced with the approval of a conditional use permit where nonresidential uses on the same site have distinct and differing peak parking demands. In this case, the proposed religious facility has peak parking demand in the evenings and on weekends which are different from office uses sharing the site. The Planning Commission may grant a joint use of parking spaces in compliance with the following conditions: 1. The most remote space is located within a convenient distance to the use it is intended to serve; 2. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking; 3. The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand; 4. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities; 5. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department; and 6. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Staff believes facts exist to support a joint use of parking. The property is developed as an office complex and is anticipated to remain occupied by office uses long term. The parking lot has further demonstrated it is sufficiently convenient for workers and visitors. Moreover, there will be no conflict in parking between the uses, and the proposed religious facility will have unrestricted access to the parking lot as specified by the conditions, covenants, and restrictions (CC&R's) of the Bay Corporate Plaza Association (building owners). The applicant has provided the CC&R's and a letter from the building owners association acknowledging use of the parking lot (Attachment No. PC 5). A draft parking management plan was also prepared to address potential parking conflicts (Exhibit B of Attachment No. PC1). Under the terms of the Parking Management Plan, a minimum of 90 parking spaces shall be maintained on-site for the proposed assembly use during evenings and weekends. Staff has also recommended that in the event any future use should operate during these peak periods, the Parking Management Plan would need to be reevaluated and may require an amendment to the Conditional Use Permit by the Planning Commission. 316 Newport Jewish Center January 23, 2014 Page 6 Use Permit Findings Pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Zoning Code, the Planning Commission must make the following findings in order to approve a Conditional Use Permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist to support the Conditional Use Permit request for the assembly use and a joint use of parking, as demonstrated in the draft Resolution (Attachment No. PC1). The proposed assembly use is consistent with the Zoning Code and General Plan and will provide a support service to the surrounding neighborhood. During the day, the proposed operation will consist of administrative offices and small group meetings which will function similar to adjacent office uses. When increased occupancy is expected during the evenings and weekends, the 255 space parking lot will provide more than adequate parking because surrounding office uses will generally be closed. Anticipated traffic volumes from the proposed assembly use will not result in unsatisfactory levels of service or negatively impact traffic circulation in the area. On weekdays, the assembly use generates fewer daily vehicle trips than the previous general office use (ITE Trip Generation Manual, gth Edition). On weekends, when the assembly use generates increased trips according to the ITE Trip Generation Manual, traffic volumes on surrounding roadways are lower than weekly volumes. Outdoor activities are not proposed, and the location of the site in relation to nearby residential areas is such that it is unlikely that attendees of the assembly use will impact residential neighborhoods. Staff is of the opinion that any future intensification in use or increase in parking demand during peak periods has been adequately addressed by the conditions of approval. The recommended conditions of approval, which include restrictions on the number of seats, noise, and off-street parking, should ensure compatibility with the neighboring properties or residential uses in the vicinity. 317 Newport Jewish Center January 23, 2014 Page 7 Alternatives The Planning Commission may also approve a modified project or deny the application. Should the Planning Commission determine that the required findings cannot be made, the attached Resolution for Denial (Attachment No. PC 2) is provided to facilitate the denial of the project, and would require additional information or findings that the Planning Commission may deem necessary or warranted. Environmental Review Staff recommends that the Planning Commission find the project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Class 1 exempts projects involving negligible or no expansion of a use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The proposed project is limited to interior improvements to convert a previous office use to an assembly use and involves no expansion in floor area. Further, there will be no traffic impacts associated with the assembly use. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: 1; &Cry�,t, - Jas Van Patten r n a Wisnesl i, rICP, Deputy Director Planning Technician ATTACHMENTS C r s u' n r p o l a s ti r .. I PC 3 Applicant's Project Description PC 4 Tenant List PC 5 Letter from Association Regarding Parking PC 6 Site Photographs PC 7 Project Plans 318 Attachment No. PC 3 Applicant's Project Description 319 Revised Project Description for Use Permit 11.25.13 Chabad of Newport Beach, a social service and Jewish educational organization, proposes the use of an existing 16,932 square foot two story office building in an office park at the easterly terminus of University Drive for general administrative offices, Religious classes and services, Friendship Circle administrative offices, support groups, Educational programs and workshops for mentors of children and adults with special needs. Hours of operations are daily 9:oo am to 5:30 pm with Educational programs and religious services being held on several evenings during the week and on the weekends. Parking is provided on-site and is adequate for the proposed use, since the parking ratio of 4/1000 is currently provided for the weekday office use with 68 (16,932/250) permitted parking stalls and weekend parking is adequate to meet the Jewish Center's requirements of one parking stall per 3 seats of assembly (see attached Social Hall proposed seating plan of 207 non -fixed chairs) when other offices in the office park are not occupied. A shared parking agreement will be provided to demonstrate the willingness of the existing building owners to allow for weekend use of additional existing parking. The Jewish Center intends to occupy the 2nd floor and allow the existing ground floor tenant leases to remain. The proposed modifications to accommodate the Center's program require a tenant improvement that remodels the entire 8,958 square foot second floor level. The building program includes administrative office, Multi -Purpose Rooms, Children's Room, Kosher Kitchen, Library, Storage and Social Hall (see attached space plan). Photos are provided in lieu of building elevations. An expanded description of the proposed use is as follows: - Our Monday- Friday office hours are 9:oo am 5:30 pm. We plan on two evenings a week (Tuesday and Thursday) for adult education classes from '7:00 pm to 8:30 pm attracting on approximately 15-40 attendees. Friday evening religious services will run from 6:30 pm for 45 minutes and Saturday morning religious services run from 9:3o am 320 to 12:00 pm. Sunday hours will be from 9:0o am till 12:30 pm weekly and occasionally till 7:00 pm. - Based on above, most evenings 20 to 40 seats will be setup in either smaller rooms or the social hall. Guest lecture series may be held every other month attracting between loo and 200 people and will typically run for 90 minutes from 7:00 to 10:00 pm. On weekends, there will be Friday evening and Saturday morning religious services that will typically attract 40-60. Occasionally we have a 6:30 pm Friday evening Community Shabbat or holiday dinner that is attended by 8o and will be held in the social hall until about lo:oo pm. A typical daily operation during the course of the week: Office administrative staff 5 people Library use by small groups of people coming in and out M -F for reading and research. A weekly support group for parents of children with special needs attended by 15 to 25 people — takes place in social or multi-purpose room. A Mommy and Me weekly group for 90 minutes of mothers and young children, (small group of 10-15 total) Mothers remaining with their children during music and story and craft time. Two 6o to 90 minute adult education lessons two evenings of the week commencing at 6:30 or later. A Friday night and Saturday morning religious service. Religious Bar and Bat Mitzvah instruction Sunday mornings. 1-2 times monthly with approximately 20 young adults with special needs gathering for social interaction and workshops for approximately 20 mentors. (After 6:30 pm) The social hall's primary use will be evenings and weekends. 321 Attachment No. PC 4 Tenant List 322 Tenant List by Address Bay Corporate Plaza 2220 University Drive Mobilite LLC Hours: 8:00 a.m. — 5:00 p.m., Monday — Friday 2240 University Drive (ground floor tenants) Suite 100: Erin Madison Hours: 9:30 a.m. — 5:00 p.m., Monday — Friday Suite 120: JRM Energy Hours: 8:00 a.m. — 4:00 p.m., Monday — Friday Suite 130: Optimal Healthcare Strategies Hours: 9:00 a.m. — 5:00 p.m., Monday — Friday Suite 140: Apex Diagnostics Hours: 8:30 a.m. — 5:00 p.m., Monday — Friday Suite 150: Newport Counseling Hours: 9:00 a.m. — 5:00 p.m., Monday — Friday Suite 160: Eagle Business Finance Hours: 7:00 a.m. — 5:00 p.m., Monday — Friday 2260 University Drive Owner: 300 Wall Street Currently Vacant 2280 University Drive Anza Management Hours: 8:00 a.m. — 5:00 p.m., Monday — Friday 323 Attachment No. PC 5 Letter from Association Regarding Parking 324 Bay Corporate Plaza Association 2220-2280 University Drive Newport Beach, CA 92660 2280 University Drive Newport Beach, CA 92660 December 19, 2013 City of Newport Beach, This letter will serve to acknowledge that Section 12.1 of the CC & R's of the Bay Corporate Plaza Association set forth the Association policies with regard to utilization of the Association parking lot. The use of the parking is not currently allocated or assigned to individual members and any such restriction would likely only be initiated in the event of persistent overuse. The majority of the Association members do not feel that the occasional evening and weekend use of the parking area by the Jewish Center is likely to create any overuse or otherwise cause the need for specific allocation of parking among members. Yours truly, Donald P. Johnson Secretary -Treasurer 325 Attachment No. PC 6 Site Photographs 326 Zel Jo. 327 0 328 Attachment No. PC 7 Project Plans 329 LOCATION PROJECT DATA PAROEL MW� K- OF MD XURTV F �ROJECT LOCATION EXISTINGSITE T VACINiY MAP T 8 E . £ SITE PLAN A0.0 mmmommmm""'l,o PROPOSED 2NDFLOOR _ e g Al 11 II cmu pRltt pz9N - Ib0/ ` fRGO IPoif la_ .w�nw4 1• y PROPOSED 2ND FLOOR SPACE PLAN T � •G ±T �W SEATING A-2 Fw' • . v" .w rlsv�Y yfafAg4 1��=F� •. =. 14oC- _ — `gip ! �'f ��JP-i b�IfjcFAIF1 %.elLr I (•J!C�v tI �,,, PMi/Ari ,' Lil e• ,,.�:I e 1 pA'I�I �' M I 9z •� PROPOSED 2ND FLOOR SPACE PLAN T � •G ±T �W SEATING A-2 .a &--' \/w*<Uw /[$ I� \ . - I — tor a . _¥m I | � As 333 AS -BUILT GROUND FLOOR PLAN .� 3 GROUND FLOOR AS BUILT 334 . 2ND FLOOR m; AS _a 335 ,�(� J ..a .� • ']�1� f r� T.�. r �!L:� ]l• ��y/�.- �� T+ `rye a __F.� _.e�: k�gY7 s .,':Iy� -�`" q'�,ki�5, qtr.•., K - PIC -2 Attachment No. CC 6 Adopted Planning Commission Resolution No. 1930 338 RESOLUTION NO. 1930 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013-023 FOR AN ASSEMBLY USE AND A JOINT USE OF PARKING LOCATED AT 2240 UNIVERSITY DRIVE (PA2013-206) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Newport Jewish Center, with respect to property located at 2240 University Drive, and legally described as Parcel 3 of Parcel Map No. 82-710 requesting approval of a conditional use permit. 2. The applicant proposes to convert the second floor of an existing two-story office building into an assembly use. No increase in floor area is proposed. The Conditional Use Permit is required to allow the assembly use, and to establish a parking management plan allowing for joint use of the common area parking lot during evenings and weekends. 3. The subject property is located within the Office General (OG) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO -G). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial Office (COG -B). 5. A public hearing was held on January 23, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 1 (Existing Facilities). 2. Class 1 exempts projects involving negligible or no expansion of a use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 3. The proposed project involves a tenant improvement to convert a previous office use to an assembly use, and involves no expansion in floor area. Further, there will be no traffic impacts associated with the assembly use. 339 Planning Commission Resolution No. 1930 Paqe 2 of 11 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A-1. The subject property is designated as General Commercial Office (CO -G) within the Land Use Element of the General Plan which is intended to provide for administrative, professional, and medical offices with limited accessory, retail, and service uses. Other uses may be permitted in accordance with the CO -G land use designation. A-2. The proposed assembly use will consist of religious services, administrative office, and group meetings. The principal use of the facility is consistent with the General Plan because the religious facility will provide a support service to the community. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: B-1. The proposed assembly use is located in the Office General (OG) Zoning District, which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. An assembly use is permitted within this Zoning District with the approval of a conditional use permit. B-2. The request to allow joint use of the parking lot is necessary to satisfy the off-street parking requirement for the proposed assembly use during evenings and weekend hours. Joint use of parking in conjunction with the Parking Management Plan is consistent with the Zoning Code because the project involves nonresidential uses on the same site that have peak parking demand occurring at different times of the day. In this case, the proposed assembly use will share the parking lot with office uses, and will have peak parking demand during evenings and weekends, which is outside of normal business office hours. B-3. In finding that the proposed use complies with Section 20.40.110, the following criteria has been considered: i. The most remote space is located within a convenient distance to the use it is intended to serve. 340 Planning Commission Resolution No. 1930 Page 3 of 11 The most remote space is located approximately 285 feet to the east of the building entrance. The existing parking lot is relatively flat, was a part of the original development of the site, and has demonstrated it is sufficiently convenient for workers and visitors. ii. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking. The project does not result in a reduction of parking. The proposed assembly use and existing office uses on-site will be adequately parked based on differing operational hours. iii. The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand. The property was originally developed in 1982 as an office complex for office uses. The development consisting of four multi -story office buildings is anticipated to remain occupied by office uses. The project has been conditioned such that, in the event any future uses operate on weekends and evenings, the Parking Management Plan would be reevaluated by the Community Development Director to ensure adequate parking exists, and an amendment to the Conditional Use Permit may be required by the Planning Commission. iv. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities. The applicant proposes to use the parking lot jointly with existing office uses. Existing office uses will not conflict with the peak periods of the assembly use because these times occur outside of normal business office hours, which are typically 8 a.m. to 5 p.m., Monday through Friday. Conditions of approval have been provided to preclude any conflict during peak parking demand for the proposed uses sharing the parking. V. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department. The parking lot is owned in common by all building owners within the Bay Corporate Plaza Association and use of the facility is regulated by the Declaration of Covenants, Conditions, and Restrictions recorded July 12, 1983 as Instrument No. 83-299103. A copy of these legal requirements has been filed with the Community Development Department and City Attorney. Pursuant to Section 12.1 of the CC&R's, every member shall have a nonexclusive easement for use and enjoyment in and to the Community Facilities which 341 Planning Commission Resolution No. 1930 Paae 4 of 11 includes the entire parking lot. This will ensure the proposed assembly use has access to, and use of the parking lot. vi. A parking management plan shall be prepared in compliance with subsection 20.40.110.0 (Parking Management Plan). A parking management plan has been prepared, and compliance with said plan has been included as a condition of approval. The purpose of the Parking Management Plan is to ensure that off-street parking is sufficient for the uses sharing the site, and that there will be no conflict in parking during peak periods. 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. 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 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. 342 Planning Commission Resolution No. 1930 Page 5 of 11 Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C-1. The project is located within an existing office complex in a nonresidential zone. Residential and public facility (YMCA) uses are allowed in the vicinity. The proposed assembly use will provide a support service to surrounding residents and the community. C-2. The proposed conversion of office space to an assembly use only involves a tenant improvement to the second floor of an existing two-story office building with no increase in floor area. C-3. The proposed daytime operation of the assembly use will primarily consist of administrative offices and small group meetings which will function similar to adjacent office uses. The proposed operation with limited weekday assembly use results in minimal daytime parking demand. C-4. The proposed evening and weekend operation will consist of lectures, community gatherings, and religious services. The anticipated off-street parking demand will not impact surrounding uses negatively because adequate parking will be available for all uses sharing the project site. Access to the project site is taken from University Drive and not from adjacent residential neighborhoods further ensuring that the operation will maintain compatibility with uses in the vicinity. The location of the site in relation to nearby residential areas is such that it is unlikely that attendees of the assembly use will park in residential neighborhoods. C-5. Outdoor activities are not proposed as part of the assembly use. C-6. The proposed conditions of approval ensure that the potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. 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 343 Planning Commission Resolution No. 1930 Page 6 of 11 building will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. D-2. The project site has demonstrated that it is physically suitable to accommodate the flow of office workers to the site which traditionally have the same or similar hours of arrival. Therefore, the proposed religious services and lectures, which also attract groups of people at the same time, will be adequately served by the existing design of the site. D-3. The Public Works Department, Building Division, and Fire Department have reviewed the project proposal and provided conditions of approval so as to maintain adequate access, public services, and utilities to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E-1. The proposed assembly use is intended to support the community and is designed to be compatible with existing office uses on site. E-2. The proposed joint use of parking would not be detrimental in this case, because the proposed assembly use will have peak parking demand during evenings and weekends, which are distinct from office uses sharing the site. E-3. Anticipated traffic volumes from the proposed assembly use will not result in unsatisfactory levels of service or negatively impact traffic circulation in the area. On weekdays, the assembly use generates fewer daily vehicle trips than the previous general office use (ITE Trip Generation Manual, gth Edition). On weekends, when the assembly use generates increased trips according to the ITE Trip Generation Manual, traffic volumes on surrounding roadways are lower than weekly volumes. E-4. The project site is located at the end of a cul-de-sac in an area that is not frequently travelled by residents or visitors of the City, and therefore, will not constitute a hazard to public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013-023, subject to the conditions set forth in Exhibit A and the 344 Planning Commission Resolution No. 1930 Paoe 7 of 11 Parking Management Plan set forth in Exhibit B, which are attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY, 2014. AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker NOES: None ABSTAIN: None ABSENT: None m 37 345 Planning Commission Resolution No. 1930 Page 8 of 11 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. 346 Planning Commission Resolution No. 1930 Page 9 of 11 11. A copy of the recorded Bay Corporate Plaza Association CC&R's shall be filed with the Community Development Department and the City Attorneys 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. 12. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 13. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 14. Construction activities and staging associated with the tenant improvements shall not impact access to the site or disrupt access to the parking spaces. 15. 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: 16. 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. 17. 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. 18. 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, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 347 Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PNI and 7:00AM 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 60d BA 45dBA 50013A Commercial Property N/A 65dBA N/A 60dBA 16. 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. 17. 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. 18. 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, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 347 Planning Commission Resolution No. 1930 Page 10 of 11 19. 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. IM Planning Commission Resolution No. 1930 Pape 11 of 11 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. 349 Attachment No. CC 7 Planning Commission Meeting Minutes from January 23, 2014 350 H PLANNING COMMISSION MINUTES Chair Hillgren asked foTaru nding the motion relative to Condition No. i ing the requirement for Spanish signs. Vice Chair Tucker felt that it should remain, as al regulatory issue. AYES: A mown, Hillgren, Kramer, Lawler, Myers, NOES: None ABSTE S: None AS ENT: None ITEM NO.3 NEWPORT JEWISH CENTER (PA2013-206) Site Location: 2240 University Drive Commissioner Myers reported visiting the site with members of their Building Committee and that he is also a member of the Board of Temple Bat Yahm and that he spoke to the City Attorney who indicated there is no need for him to recuse himself on this issue. Planning Technician Jason Van Patten presented details of the staff report and the applicant's request. He addressed location, parking, existing conditions, areas for assembly and other uses, alternative plans, operation of the assemblies, capacities, parking for assemblies, parking requirements during various days and hours, review of the project for compliance with various regulatory requirements and agencies, the Parking Management Plan, other proposed activities and recommendations. He noted revisions to the Conditions of Approval which were distributed to the Commission. Commissioner Brown reported receiving communications with concerns regarding the impact from construction on other tenants, the possibility of adding a condition requiring no impacts to existing tenants and addressed square footage for assembly purposes. He reported that the calculation provides a more conservative parking requirement. Planning Technician Jason Van Patten reported there is a condition in the resolution regarding limiting noise from construction and stated that a condition can be added if so desired by the Commission. Commissioner Myers referenced a calculation within the staff report regarding square footage and parking requirements and asked staff to clarify. Planning Technician Jason Van Patten reported that the Zoning Code specifies that parking be based on seats or floor area. Vice Chair Tucker stated that it seems to him that up to thirty-six (36) parking spaces are associated with the second level and noted the need for construction staging. He stated that the staging should be taken into account and therefore a condition should be added stating that construction staging will not impair more than thirty-six (36) parking spaces. Chair Hillgren asked if the applicant is a tenant or owner of the property. Planning Technician Jason Van Patten stated that the applicant is in the process of purchasing the building. Chair Hillgren commented on the generation of parking demand in the long term. He noted that the highest - occupancy would occur after hours or on weekends and asked how that relates to the CC&Rs. Senior Planner Jaime Murillo reported that the CC&Rs allow non-exclusive use of the entire shared parking lot and allows a majority of business owners and members of the Association to provide a certain amount of parking. Chair Hillgren commented on avoiding certain uses taking up the entire parking area. Chair Hillgren opened the Public Hearing. Carol McDermott, Consultant of the Newport Jewish Community Center, reported that the Secretary Treasurer, who leads the Association, has assured her that he has the authority, if a majority of the building owners agree, Page 3 of 14 351 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/23/14 to an interpretation of the parking and to make sure that the entire parking is available to them. She commented on a possible change to Conditions of Approval No. 8 and 9. As part of the proposed language, it was intended to indicate that by using the number of seats, the parking would be met. She added that during certain holidays, there may be a larger amount of attendees and noted that a number of members will walk to services during high holy days and have been known to stay in local hotels where they can walk to the Center or use public transportation. She hoped that the Commission would agree to provide either an off-site agreement with the nearby YMCA for additional parking, or that the building owners that use parking would agree for the Center to use parking within the existing parking lot. When it was determined there were not enough facts to support the proposed change to the condition, staff did not present that to the Commission. However, she offered language to add to the findings, should the Commission wish to do so. She presented the suggested language to Findings B2 and E2 as "On the holidays of Rosh Hashanah and Yom Kippur, daytime occupancy may be increased however; a reduced parking demand is expected based on Jewish tradition, that some members are expected to walk or use public transportation." She suggested a revision to Condition No. 8 to allow for the on-site parking agreement. She asked that the Commission consider that as a way to address the concerns that have been raised. Ms. McDermott reported that they have been monitoring parking and the parking lot for quite some time and there still remains an empty building in the center. She added that there has never been more than thirty (30%) percent to forty (40%) percent of existing parking utilized and that there are a substantial number of parking spaces for both a full occupancy on existing office buildings as well as use by the Center. She addressed construction impacts and noted that the Municipal Code allows for certain hours of operation for construction which is fully enforceable. She noted that they intend to include that within their contract and emphasized that all of the activities will be conducted inside the building; addressed community outreach efforts and noted their attempt to address issues of concerns that have been raised. She reported that staff has listed the kind of activities that will be provided including special programs and presented details of same. She asked that the Commission approve the project and requested the opportunity for rebuttal at the end of public comments. Chair Hillgren commented on the Parking Management Plan and the limitation of seating to 108 seats. He asked if a number of parking spaces can be specified relative to the building. Ms. McDermott stated that it would be helpful to review the floor plan of the second floor because it was a little misleading. She added that the second floor accommodates a multipurpose room and the children's area. She reported that because of the mix of uses, certain rooms will not be used at the same time. Chair Hillgren suggested limiting the parking to thirty-six (36) spaces during normal business hours unless otherwise approved by the Association. Ms. McDermott agreed. Barry Ross, Attorney representing Mobilitie LLC, distributed a handout to the Commission and stated that his client, Mobilitie, opposes the Conditional Use Permit. He commented on other buildings in the complex and their present owners, occupants and status. He reported that his client's business consists of telecommunications, utilizes approximately 140 parking spaces and that their employees generally work Monday through Friday with some working Friday nights and Saturdays. He added that his client never agreed to the Center and referenced an agreement with the Association that states in part, that the majority of members of the Association do not feel that the occasional weekend use of the parking lot by the Center is likely to create an overuse or otherwise cause a need. He reported that the Association never asked Mobilitie for its input regarding parking requirements nor was it invited to a meeting of the Association to discuss the issue. He listed reasons why the CUP should be denied and presented the list to be included as part of the record. Stephen Abraham, a member of the Center's congregation and nearby resident, spoke in favor of the CUP. He noted that approving the CUP will add to the quality of life of its members and nearby residents and asked that the Commission approve the CUP. He commented on his wife's insistence that he exercise more which he will now be able to do by walking to the Center and that the Commission will make his wife happy by approving the CUP. Jerry Werksman, a member of the Center's congregation and former President of the Jewish Federation of Orange County, spoke in support of the CUP. He stated that the Center has a religious but small group of Page 4 of 14 352 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/23/14 members and noted the need to meet on a regular basis. He reported that they have been looking for fourteen (14) years for an appropriate location that will accommodate them. In addition, he addressed their Friendship Circle which provides services for challenged young people. He reported that he has been attending services at the new facility, stated that he has never seen more than fifteen (15) cars in the lot and assured that it will not be overpopulated and that existing parking will be adequate. Philip Levy, a member of the Center's congregation, spoke in favor of the CUP and reported attending every Saturday service at this facility and has never seen more than fifteen (15) cars. He addressed the Center's involvement in the community and programs offered. He added that this will be a great contribution to the community and urged the Commission to approve the CUP. Pamela Patterson reported that she is an advocate for special needs children and the mother of a special needs child. She reported that her child has been in attendance at the Friendship Circle and that the program provides a very important service to the community. She encouraged the Commission to approve the CUP. Jim Mosher referenced a correspondence from Mr. Roger Cunningham regarding a previous tenant renovation on the site and noted that the property is in the Coastal Zone and adjacent to a channel that empties into the Upper Bay. He addressed building requirements and ensuring that the water adjacent to the property is protected during construction. Joanne Krupp spoke in support of the proposed CUP noting that she has attended services at the facility and has never seen more than twenty (20) cars in the parking lot. She added that people walk to the center and share cars and does not believe that parking will be a problem. She noted that the Center is making positive contributions to the community and urged that the Planning Commission approve the CUP. Marshall Krupp reported he is not a member of the congregation but is a former Planning Director for the City of Cerritos, has represented many municipalities around the State on similar issues and that his sister asked him to review the CUP application. He addressed comments by the attorney for Mobilitie LLC and stated that many of them have already been addressed by staff and that staff has done an excellent job in evaluating the matter from an objective perspective. He addressed the parking issue and circulation noting they have been appropriately addressed by staff. Additionally, he reported that many of the buildings already developed should have a certain amount of parking spaces and noted they are exceeding the number of spaces they are using if the spaces were distributed to those buildings. He added that during the day, the Center will actually use fewer parking spaces than if it was occupied with offices noting that it has created a positive impact during daytime hours that the building would be used. He acknowledged an impact during evenings and weekends with the Center requiring additional spaces. In terms of parking requirements during high holy days or other events, the Parking Management Plan has addressed that by requiring a special use permit which may have additional requirements by the City in terms of off-site parking. With regards to the appropriateness of the use, he stated that it is no less appropriate than the YMCA building adjacent to the property. He commented on the benefits of having a neighbor that is involved in the community who wants to do what is good for the community and wants to serve the people of Newport Beach and encouraged the Commission to support the CUP. Barbara Shapiro, a member of the Center's congregation, spoke in support of the CUP and commented positively on the services provided including the Friendship Circle. Darlene Weiner spoke in support of the CUP adding that the Center will make the community better. Carol McDermott commented on statements made by Mr. Ross and stated that it is important to note that the Center reached out to his client three or four distinct times. She reported there was a previous attorney representing the owner and that she emailed him as well as the owner with no response. She pointed out the location of the Center and Mr. Ross's client and that another building owner expressed concerns that there was going to be a preschool at the location. She indicated there would be no preschool because the facility does not have the appropriate open space for one and that the Center has never proposed a preschool adding that there was misinformation going around. She noted frustration with the fact that the owner of Mobilitie LLC has not responded to their attempts at communication and addressed specific comments made by Mr. Ross noting that she has monitored the parking lot, that there have been no more than twenty (20) cars in the lot at any time and that the parking volume claimed by Mr. Ross has simply not Page 5 of 14 353 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/23/14 occurred. Additionally, she reiterated that the Association Secretary Treasurer has indicated that a majority of the property owners are in support of the efforts of the Center and asked for the Commission's favorable consideration. Commissioner Lawler commented on the letter from the Association that restrictions would only be made in the event of persistent overuse. He asked whether the Center is prepared to afford the transaction in the event that Mobilitie takes action as to exclusive parking spaces that they would have a right to under the CC&Rs. Ms. McDermott stated she would hope that they could reach some understanding with the adjacent property owner and wants to be a good neighbor. If it were to come down to an official allocation between buildings, Mobilitie would be the building getting the fewest spaces. In that event, she believed that it would bear out that there is enough parking for everybody. She commented positively on the Rabbi's efforts in this matter. Seeing no others wishing to speak, Chair Hillgren closed the Public Hearing. Commissioner Myers commented on the Conditions of Approval as amended and asked whether they are complete as presented. Senior Planner Murillo responded affirmatively. He added that if the Commission wishes to allow exceptions during the weekends and holidays, it can do so. Assistant City Attorney Mulvihill added that her office reviewed the recommended language and has some concerns because the language serves to authorize off-site use on two days out of the year. She stated that generally, off-site parking arrangements are not limited to two days. If the Commission is inclined to accept it, there are additional findings included in the Zoning Code. She recommended that the two days be treated as a special event and that in reviewing the findings she recommends not limiting it to two days. Commissioner Brown asked if the City Attorney's office needs additional time to review the matter. Assistant City Attorney Mulvihill stated that the Commission could take action, the issue relates to the particular findings that relate to off-site parking. Chair Hillgren asked whether there are additional requirements that should be made adding that this seems like a basic construction job. Senior Planner Murillo stated this would be a typical tenant improvement type of construction and noted that a condition can be added to address construction activities and staging. Regarding the appropriateness of this use within the zone, Chair Hillgren asked if there are any issues associated with zoning. Senior Planner Murillo explained the current zoning for the area and noted that the proposed use would be considered a personal service -type of use. In terms of the Zoning Code, he reported that this kind of use is conditionally permitted and is compatible with adjacent uses. In terms of parking and traffic analysis, Chair Hillgren asked if there is anything missing that needs to be addressed. Mr. Murillo referenced the Institute of Traffic Engineering Manual regarding trip generation and stated that there are no issues. Chair Hillgren referenced comments regarding this being a violation of the CC&Rs and stated this is an issue to be addressed between the property owners. Mr. Murillo referenced Condition No. 11 that indicates that if there are any issues related to the CC&Rs that would restrict the assembly use access to parking, the City must be made aware. He added that staff has confirmed that the building owner has signed the application. Page 6 of 14 354 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/23/14 Vice Chair Tucker reported that the Commission is a land -use body. It is not in the business of evaluating the desirability of particular programs that a user offers but rather the Planning Commission considers only land use issues such as compatibility of uses and parking. He stated that the CC&Rs are agreements between private parties and that the Commission is authorizing a use, but it has no power to supersede the provisions of a private party agreement. He added that the current occupancy of a facility is irrelevant, but rather the consequence of full occupancy is what the Commission is bound to consider. He also and suggested adding a condition addressing Rosh Hashanah and Yom Kippur each for one day, each year and the exception to Condition 8 could only be based upon a written agreement for that one day. If more parking is needed, the Center could develop an agreement for thirty-three (33) more spaces from people in the park on- or off-site. He stated that he likes the language as it the draft was written. Assistant City Attorney Mulvihill agreed that it is a unique situation since they are only asking for two days. If the condition did not have the off-site parking option, she would have no concerns. The City requires all uses to be parked on-site and that special times during the year would be considered a special event for which there are processes to be followed. She added that her concerns as far as the requirements of the Municipal Code, are raised by the inclusion of "for off-site" in the added language. She referenced Condition No. 17 relative to special events permits. She suggested including in the findings, that this relates to two days which are not the normal operation. To the extent that they do not, then they would have to secure off- site parking that is available. Vice Chair Tucker suggested adding language that clarifies that the applicant must obtain a written agreement for on-site or off-site parking each year as he doubted a multi-year two day a year agreement was practically obtainable. If no agreement were obtained for a given year, then the limitation on seats to 108 during weekday, day time hours would remain. Assistant City Attorney Mulvihill added that the language shall state that the off-site parking is "conveniently located" and that it "will not create any undue traffic hazards or impacts to the surrounding area". She suggested that the language be included in the findings as well as the Conditions of Approval. In terms of Condition No. 17 related to special events, she suggested it be identified that the condition does not apply during the two holidays. Vice Chair Tucker agreed with doing so. Chair Hillgren referenced Exhibit B, bullet point number 2 and suggested that "religious facility" be identified as the second floor. Assistant City Attorney Mulvihill added that when staff interprets a condition, it should remain consistent with what the City does in terms of Council's prior approval. Chair Hillgren suggested that it state that it would remain as reflected in Condition No. 8. Vice Chair Tucker added that it should reflect "other than during Rosh Hashanah and Yom Kippur". Vice Chair Tucker suggested that it be addressed now rather than having the applicant go through the additional time and effort to apply for something that will need to be repeated every year. Assistant City Attorney Mulvihill reported there are several triggers to the requirement that special activities need a special event permit. It will not be for the purposes of an off-site parking agreement on two days for the site. That would be the qualification language added to Condition No. 17. Ms. McDermott reported that the conditions, as modified, are acceptable. Motion made by Vice Chair Tucker and seconded by Commissioner Kramer and carried (7 - 0) to adopt Resolution No. 1934 approving Conditional Use Permit No. UP2013-023 with the amended language to Condition No. 8 and bullet point number 2 within the Parking Management Plan and Condition 17 and the condition regarding construction. Page 7 of 14 355 NEWPORT BEACH PLANNING COMMISSION MINUTES 1/23/14 AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker NOES: None ABSTENTIONS: None ABSENT: None TEM NO.4 NEWPORT HARBOR YACHT CLUB (PA2012-091) Site Location: 720 West Bay Avenue, 800 West Bay Avenue, 711-721 West Bay Aver and 710-720 West Balboa Boulevard 7 Associalk Planner Fern Nueno provided a PowerPoint presentation addressing architectural style nd colors, details of Ne application requested, parking, purpose of the request, prior meetings and analysis Iated to the project, adji.1stpents to parking and the Parking Management Plan, changes to the re sol ons regarding consistency wi coastal access policies and recommendations. Chair Hillgren open the Public Hearing. Jeff Gordon, representa a of the Yacht Club, stated agreement to the Conditions the intent of the project an offered to respond to questions from the Commission. Chair Hillgren asked regar Parking Management Plan. Mr. Gordon stated that approval of the valet plan by the Public briefly described as required by the a one-time plan, and addressed the hours of operation. Scott Robinson, 717 W. Balboa Boulevar tated he owns the prop rty directly across the street from the Yacht Club. He expressed concern that the increasXd height of the new ructure would obstruct his view. He reported attending a previous outreach meeting with e Yacht Club here he expressed concerns regarding the proposed height and footprint of the building, obs He requested that the Commission reconsider th Yacht Club promised to do a sightline study from matter be considered before approving the project. Seeing no others wishing to speak, Chair iew, and possibly hindering the property's value. :fore approving the project. He reported that the but that it has yet to be done. He asked that the Hearing. In response to Chair Hillgren's inquiry regar ' g the Conditions f Approval related to construction activities, Associate Planner Nue no stated that ther are policies and con\,onosat will be enforced throughout the project construction. These standard reg ations are not repeatedtions. Deputy Community Develop Director Wisneski added that all the etails the Commission wally see are encapsulated in the Conditions of Approval. Chair Hillgren noted t/andquirements sually included in a list which was not provid at this time. Commissioner Amerhat the next level of approval will address these i ues. Ms. Nueno confirmed that additional review will occur during plan check and building inspe ion. Vice Chair Tucker asmment on view rights from private properties over privat roperty. Ms. Nueno report that the Code does not offer protection of private -property views but that t Commission is reviewing detail of the application relative to building heights, and that staff considered the re and some of the requirem is relative to raising the grade. She added that the applicant designed the proje within the existing bu' ing footprint. Vice/CairTucker commented about protecting public views and noted there was a conscious decision the Cityrotect private views. Ms. Wisneski added that the City's regulatory documents focus on protection of public views and not private views. Page 8 of 14 356 Attachment No. CC 8 Trip Generation Comparison 357 2240 University Drive Trip Generation Comparison Trip Generation I I AM P Hour PM Pe Hour S I y STo Land Use Rate Type Size Unit ut Total In Out Oa uk In Total TDot2I Total Total Office I ITE 710 1 9.191 TSF 1 13 2 15 2 11 13 101 23 10 Church I ITE 560 1 9.191 TSF 1 31 21 51 21 31 51 841 95 337 Net Change: Land Use Rate Type Size Unit AM Peak Hour i PM Peak Hour Daily Saturday Total Sunday Total In I OutTotal I In I Out I Total I Total Office to Church TSF -10 0 -101 0 -8 -8 -171 721 327 Trip Comparison 358 Attachment No. CC 9 Parking/Traffic Study Prepared by RK Engineering Group CC -9 - 1 engineering group, inc. transportation planning • traffic engineering acoustical engineering • parking studies LETTER OF TRANSMITTAL TO: NEWPORT JEWISH CENTER DATE: March 18, 2014 2240 University Drive JOB NO.: 2397-2014-01 Newport Beach, CA 92660 SUBJECT: Newport Jewish Center Observed Parking and Trip Generation Study, ATTN: Rabbi Reuven Mintz City of Newport Beach (FINAL) WE ARE FORWARDING: By Messenger X By Email By Blueprinter By Fedex NUMBER OF COPIES SENT FOR YOUR Approval Signature X Use File DESCRIPTION PDF of report for your use STATUS PLEASE NOTE X FINAL X Revisions Revised Additions Approved Omissions Released Corrections REMARKS: Attached is the FINAL Newport Jewish Center Observed Parking and Trip Generation Study, City of Newport Beach. Please call me at (949) 474-0809 extension 211, if you have any questions. BY: zS. Rogier Goedecke Vice President, Operations COPIES TO: 4000 westerly place suite 280 newport beach, caliLunia 92660 tel 949.474.0809 faa 94'btr. 4d')()1 RK10346TB.xls http://www.rkengiiCn�e-er.com NEWPORT JEWISH CENTER OBSERVED PARKING AND TRIP GENERATION STUDY City of Newport Beach, California engineers 9-9-3group, in . engineering group, inc. transportation planning • traffic engineering acoustical engineering • parking studies March 14, 2014 Rabbi Reuven Mintz NEWPORT JEWISH CENTER 2240 University Drive Newport Beach, CA 92660 Subject: Newport Jewish Center Observed Parking and Trip Generation Study, City of Newport Beach Dear Rabbi Mintz: RK ENGINEERING GROUP, INC. (RK) is pleased to provide this observed parking and trip generation study for the Newport Jewish Center located at 2240 University Drive, in the City of Newport Beach. The location map is provided in Exhibit A. RK was commissioned to conduct an independent analysis of the traffic and parking demands and impacts associated with the Newport Jewish Center occupancy and activities proposed at the 2240 University Drive building. The Newport Jewish Center is planning on converting the second floor of the building, which is approximately 8,958 net square feet (9,190 gross square feet), from general office use to a combination of office uses and social hall/assembly, which is provided in conjunction with a community focused religious facility. The total area of the building is 17,885 gross square feet and 16,932 net square feet. The Newport Jewish Center previously received approval of Conditional Use Permit No. UP2013-023 by the City of Newport Beach Planning Commission, on January 23, 2014. That approval has been appealed to the City Council of the City of Newport Beach. The appeal cites: 1) "the traffic and parking issues have not been properly considered" and 2) "the proposed use is not exempt from the environmental review due to significant traffic and parking impacts." This study addresses the traffic and parking demands of the proposed use of the building. The proposed project's building is located in the Bay Corporate Plaza, and is one (1) of four (4) buildings that share a total of 255 parking stalls, consisting of 241 standard parking spaces, six (6) reserved parking spaces and eight (8) ADA parking spaces. The remaining buildings are zoned for general office use, and one (1) building is currently vacant. IUUU m place. suite _'Su [I('%% p, poach. ( al iLm) i a')_106(I Ir1')-VI.4-4,08 '1 IJP'IIM —TiI)4 http://www.rkengineer.com Rabbi Reuven Mintz NEWPORT JEWISH CENTER March 14, 2014 Page 2 RK has conducted four (4) observed parking surveys during three (3) typical weekdays and a Saturday at the Bay Corporate Plaza to determine existing parking demand. RK then calculated the projected demand with the addition of the proposed Newport Jewish Center and the general office use building vacancy. Additionally, RK has calculated the project trip generation using the existing use and the proposed use. All assumptions and calculations are conservative. Based upon the average weekday and Saturday observed parking demand counts, the inclusion of code required parking spaces for the vacant building and the proposed hours of operation of the Newport Jewish Center, the parking provided onsite would be sufficient to accommodate the peak parking demand of the proposed use. Based upon a review of the project's trip generation it will not be excessive from a traffic standpoint in comparison to the site's previous general office use. If you have any questions regarding this review or need further clarification, please contact us at (949) 474-0809. Sincerely, RK ENGINEERING G 12,81/,,5 T ' A Robert Kahn, 9. \� Rogier Goe Tiffa G ordano, E.I.T. Principal �� THAFO Atm Vice President, Operations Engineer I Attachments RG: mn/RK 10346. doc JN:2394-2014-01 CC -9 - 5 NEWPORT JEWISH CENTER OBSERVED PARKING AND TRIP GENERATION STUDY City of Newport Beach, California Prepared for: NEWPORT JEWISH CENTER 2240 University Drive Newport Beach, CA 92660 Prepared by: RK ENGINEERING GROUP, INC. 4000 Westerly Place, Suite 280 Newport Beach, CA 92660 Robert Kahn, P.E. Rogier Goedecke Tiffany Giordano, E.I.T. e �pF ES.ilnl✓q 0 No. 0555 r" y Exp. 12/3) it in�rF ' OQ`i C. March 14, 2014 RG: mn1RK 10346. doc JN:2394-2014-01 CC -9 - 6 Table of Contents Section Page 1.0 Introduction........................................................................................... 1-1 1.1 Purpose of Analysis and Study Objectives 1-1 1.2 Site Location and Study Area 1-1 1.2.1 Bay Corporate Plaza Hours of Operation 1-2 1.2.2 Mobilitie 1-2 1.2.3 Back Bay Loop Trail 1-2 1.3 Project Description 1-2 1.3.1 Holiday Schedule 1-3 1.2.2 City of Newport Beach Municipal Parking Code 1-4 2.0 Bay Corporate Plaza Parking Demand ................................................... 2-1 2.1 Projected Newport Jewish Center Parking Demand 2-1 2.2 Projected Bay Corporate Plaza Parking Demand 2-1 3.0 Bay Corporate Plaza Observed Parking Demand .................................. 3-1 3.1 Observed Peak Hour Parking Demand Parameters 3-1 3.2 Existing Parking Demand Findings 3-1 4.0 Projected Parking Demand.................................................................... 4-1 5.0 Trip Generation Analysis........................................................................ 5-1 6.0 Conclusions............................................................................................ 6-1 CC -9 - 7 List of Attachments Exhibits LocationMap........................................................................................................... A AerialBay Corporate Plaza........................................................................................ B SitePlan................................................................................................................... C Parking Zone Location Map...................................................................................... D Tables Bay Corporate Plaza Building Information.................................................................. 1 Newport Jewish Center Parking Analysis: 2240 University Drive: 2"' Floor ................... 2 City of Newport Beach Municipal Parking Rates......................................................... 3 Tenant Hours of Operation for Weekday (Monday — Friday): Bay Corporate Plaza....... 4 Tenant Hours of Operation for Weekend (Saturday — Sunday): Bay Corporate Plaza ... 5 Observed Parking Demand Bay Corporate Plaza: Averaged Weekday Observed Counts 6 Projected Parking Demand Bay Corporate Plaza: Typical Saturday .............................. 7 Projected Parking Demand Bay Corporate Plaza: Typical Sunday ................................ 8 Projected Parking Demand Bay Corporate Plaza: Typical Weekday .............................. 9 Projected Parking Demand Bay Corporate Plaza: Results Summary ............................. 10 TripGeneration Rates............................................................................................... 11 Trip Generation 2240 University Drive, 2" Floor: Newport Jewish Center ................... 12 CC -9 - 8 List of Attachments (continued) Appendices Bay Corporate Plaza Information............................................................................... A Portions of Covenants, Conditions and Restrictions Agreement: Bay Corporate Plaza.. B Newport Beach Municipal Parking Code: Section 20.40 ............................................. C List of Proposed Activities at Newport Jewish Center ................................................. D Observed Parking Counts.......................................................................................... E CC -9 - 9 1.0 Introduction 1.1 Purpose of Analysis and Study Objectives The purpose of this report is to evaluate the Bay Corporate Plaza in regards to parking demand and trip generation for the Newport Jewish Center. The Newport Jewish Center is proposed to increase the parking demand of the Plaza during the off-peak evening and weekend time periods in comparison to typical office use. RK has evaluated the parking demand and trip generation and determined whether it will or will not create a negative impact with regards to onsite parking or traffic. The following is provided in this report: • A description of the study area and the proposed project. Projected parking demand for the proposed project. • Projected parking demand for the vacant building in the Bay Corporate Plaza and for the increase in demand of an existing building. • A description of the observed parking demand study, as well as results from the study. • Trip generation analysis for both weekday and weekend conditions. 1.2 Site Location and Study Area The Newport Jewish Center is currently located on the second floor at 2240 University Drive. The first floor of the building is currently occupied by multiple general office use tenants, all of which will remain once the Newport Jewish Center is in full operation. The project's building is located in the Bay Corporate Plaza and shares a total of 255 parking stalls with three (3) additional general office use buildings: • 2220 University Drive: Mobilitie, LLC. • 2260 University Drive: Currently Vacant General Office Space • 2280 University Drive: Anza Management It is noted that the 1982 City approved construction plans (Appendix A) provided for 195 standard parking spaces, 64 compact parking spaces, and 4 ADA parking spaces, for a total of 263 parking spaces. It appears that since 1982, the parking area has been restriped and the current total number of parking spaces is 255 parking spaces, with 241 regular parking spaces, 6 reserved parking spaces, and 8 ADA parking spaces. The total number of parking spaces of 255 is used herein. Exhibit B provides an aerial view of the Plaza and Appendix A contains additional information about the Bay Corporate Plaza. The four (4) buildings in the Bay Corporate Plaza have a Covenants, Conditions and Restrictions (CC&R) Agreement, portions of which 1-1 CC -9 - 10 are located in Appendix B. The CC&R allows all buildings in the Bay Corporate Plaza to have unrestricted access to the parking lot. One of the buildings (2260 University Drive) is currently vacant. The building is zoned for general office use and was previously general office use. For purposes of this report, the building will be considered general office use and will be assumed to have operating hours of 8:00 AM to 5:00 PM, Monday through Friday, which are typical general office use hours. The City of Newport Beach Parking Code for general office use will be added to the observed parking demand counts to calculate the total parking demand with the vacant building. Table 1 provides more information about the Bay Corporate Plaza buildings. 1.2.1 Bay Corporate Plaza Hours of Operation As can be seen in Table 1, general office uses typically operate on weekdays, from approximately 8:00 AM to 5:00 PM. Though this is typical, there can be some minor office activities on weekends. For example, some general office employees may visit the Bay Corporate Plaza during the weekends to accommodate a heavy work load. Religious facilities, such as this project, generally operate during the weekday nighttime and all day during the weekends. Although this operation is typical, the Newport Jewish Center may have some activities during the weekday mornings and afternoons. There may be times when the uses may overlap, but the peaks of each type of use (general office and religious) at the Bay Corporate Plaza should not interfere with each other. They are designed to work harmoniously together and not conflict with other uses. 1.2.2 Mobilitie It should be noted that Mobilitie (2220 University Drive) has proposed to increase their hours of operation to 24 hours a day, 7 days a week. Currently, it is assumed that the building operates from 8:00 AM to 5:00 PM. If the hours were to increase, the building would utilize additional parking spaces that are not accounted for in the observed study. This shall be discussed further in Section 2.2. 1.2.3 Back Bay Loop Trail The Bay Corporate Plaza is in the vicinity of the Back Bay Loop Trail, which is a trail for bicyclists and pedestrians alike. RK recognizes that there is a possibility that some people may be parking in the Bay Corporate Plaza and using the trail, and took special care to consider this information while conducting the observed parking counts. 1.3 Project Description The project is to be located on the second floor of 2240 University Drive in the Bay Corporate Plaza. Currently, the Newport Jewish Center resides on the second floor, 1-2 CC -9 - 11 operating only as a general office. The Newport Jewish Center is proposing to modify the 8,958 net square feet on the second floor into the following: four (4) general offices, a kitchen, a library, a multi-purpose room and a social/assembly hall. Exhibit C provides a general site plan for the project. The modification of the Newport Jewish Center's location will introduce additional uses to the building. In addition to the general office use, the second floor will also begin to operate as a religious facility, introducing a variety of services which are outlined in Table 2. The modification is expected to adjust the parking demand and trip generation of the Bay Corporate Plaza. As previously discussed, the Newport Jewish Center is expected to operate typically during weekday evenings and weekends. During typical weekday hours of 8:00 AM to 5:00 PM there will be a limited number of employees or activities at the Center. Appendix D provides a detailed list of limited proposed uses for the Newport Jewish Center, including the time and day of the week the use will occur, how often the use will occur, and the number of visitors that are expected for each use. The list provided will be used to conservatively project parking demand for the Newport Jewish Center. Table 2 provides a summary of the list, outlining the events which are expected to occur weekly. The table is conservative, assuming a conservative scenario where each event will be occurring weekly. Instead, many of the events listed in Table 2 may occur bi-weekly or even monthly, as outlined in Appendix D. It is important to note that the other areas of the second floor such as the multi-purpose room, the library, and the general offices will not be occupied when the social hall is used. Similarly, when the multipurpose room, the library and the general offices are used, the social hall/assembly area will not be fully utilized. The total area of the second floor consists of 8,958 net square feet. Only a portion of the second floor will be used for assembly purposes. The first portion is the multipurpose room, which consists of 1,100 square feet. The second portion of the second floor to be used as assembly is the social hall, which is 2,950 gross square feet. Only 2,016 square feet of the social hall will be used for assembly, with the remaining 934 square feet within the social hall used for literature display, prayer shelves, reading tables, podium, and the arch to hold religious items (e.g. Torah). Therefore, a total of 3,116 square feet is to be used for assembly purposes. Exhibit C provides a layout of the social hall while in use. 1.3.1 Holiday Schedule There are many holidays that are celebrated in the Jewish community. Appendix D provides a list of the holidays expected to occur at the Newport Jewish Center. Please note that a majority of the holidays do not designate a day of the week that the holiday will occur. This is due to the fact that the holiday is based on a Jewish calendar instead of a traditional calendar. Therefore, there may be some holidays which fluctuate yearly. For 1-3 CC -9 - 12 some of the holidays listed, a small celebration may occur at the Bay Corporate Plaza, which could attract anywhere from 50 to 200 visitors. If a holiday falls on a weekday, the Newport Jewish Center has a parking management plan to have visitors park off-site. This ensures that the remaining tenants at the Bay Corporate Plaza are not impacted and still have ample parking available on-site. One of the biggest holidays of the year is Chanukah, a holiday which lasts eight days. The largest event occurs on the first day of the holiday, which is the Menorah Lighting. This event is held at the nearby Fashion Island Shopping Center, and therefore won't affect the Bay Corporate Plaza. The Newport Jewish Center will have one Chanukah Party, but will limit the celebration to the weekend to refrain from impeding on the general office parking. Overall, the holidays are not expected to impact the parking at Bay Corporate Plaza if the holiday occurs during a weekend. If the holiday occurs during the weekday, the parking management plan shall ensure that visitors are parked off-site and the general office tenants are not negatively impacted. The Newport Jewish Center is in the process of negotiating a parking agreement with YMCA of Orange County Newport -Mesa Family YMCA (2300 University Avenue), for the provision of overflow parking, and is also negotiating a similar parking agreement with the Newport Beach Golf Course, LLC. for additional overflow parking, to be included in the Parking Management Plan. In addition, it is understood that during the time that parking is required for holidays or events where the maximum occupancy of the social hall/assembly occurs, the Newport Jewish Center will have designated representatives and temporary signage located on-site in the parking area to direct and designate where parking is available to minimize any inconvenience to the office tenants of the other buildings. 1.3.2 City of Newport Beach Municipal Parking Code The City of Newport Beach's Municipal Parking Code is typically used to determine a proposed development's parking demand. The City's code does not have a parking requirement for a use equivalent to the Newport Jewish Center, and the use that most resembles the project is assembly use. The following section outlines the parking requirements based on the City of Newport Beach Municipal Parking Code for the Newport Jewish Center. As stated previously, the Newport Beach Municipal Parking Code does not have a use similar to the proposed project. The Newport Beach Parking Code, as it pertains to the project, is shown as a baseline. The project's parking demand will be analyzed specifically based on the use and schedule of the project, which will be discussed further in Section 2.1. 1-4 CC -9 - 13 The number of parking spaces allotted for the Newport Jewish Center per the City's Parking Code during weekday mornings and afternoons is based on the previous minimum number of required parking spaces for the general office use. The minimum required parking is determined from the Newport Beach Municipal Parking Code (Appendix C), which states a general office use has a parking rate of 1 space per 250 net square feet. The proposed project is to utilize 8,958 net square feet of the building, determining it previously required a minimum of 36 parking spaces. Now, the project is more closely related to an assembly -type use than the general office -type use. The Newport Beach Municipal Code requires an assembly -type use to have a parking rate of 1 space per 3 seats or 1 space per 35 square feet of assembly area. To determine the number of parking spaces allotted for the Newport Jewish Center during the weekday evenings and weekends, the building (2240 University Drive) for the Newport Jewish Center is considered. This is appropriate because it is known that the tenants on the first floor the 2240 University Drive will not be utilizing parking spaces during the weekday evenings or on the weekends. Therefore, the Newport Jewish Center may be allocated the parking spaces the first floor tenants would normally be allocated. First, it is important to determine the allocated parking spaces per building in the Bay Corporate Plaza. It is appropriate to base this calculation on the physical size of each building. The total square footage of all the buildings in the Bay Corporate Plaza is 64,026 net square feet. Therefore the following can be determined: • 2220 University Drive (10,595 net square feet): 16.55% of the Bay Corporate Plaza • 2240 University Drive (16,932 net square feet): 26.45% of the Bay Corporate Plaza • 2260 University Drive (23,198 net square feet): 36.23% of the Bay Corporate Plaza • 2280 University Drive (13,301 net square feet): 20.77% of the Bay Corporate Plaza Based on this calculation, the building of 2240 University Dive is allocated 68 parking spaces (26.45% of the total 255 parking spaces available in the Bay Corporate Plaza). The Newport Beach Municipal Code determines that a rate of 1 space per 35 square feet is appropriate for assembly uses. Exhibit C provides the square footage of the seating area of the assembly area to be 3,116 square feet. This size of an assembly area would require 90 parking spaces. In summary, based on the City of Newport Beach Municipal Parking Code, the following number of parking spaces is required during the respective time period: • Weekday Mornings 36 Parking Spaces • Weekday Evenings 68 or 90 Parking Spaces • Weekends 68 or 90 Parking Spaces I&I CC -9 - 14 There are time periods when the Newport Jewish Center's General Schedule has a projected parking demand greater than the minimum number of parking spaces required by the Parking Code. Therefore, the projected parking demand for the Newport Jewish Center will be based on the schedule of activities (Table 2) and the expected attendance for each activity. Section 2.1 provides more detail in regards to how the projected demand is calculated. 1-6 CC -9 - 15 2.0 Bav Coraorate Plaza Parkina Demand 2.1 Projected Newport Jewish Center Parking Demand Table 2 outlines the uses that are expected to occur almost weekly at the Newport Jewish Center. This will be used to determine how many parking spaces, as well as what time, the proposed project will necessitate during each use. To estimate a conservative scenario parking demand for the Bay Corporate Plaza, it is assumed that any use occurring any day on a weekday will occur every day, Monday through Friday. For example, if a use is only expected to occur on Fridays, the use will be modeled to occur on every weekday. Table 2 provides the number of parking spaces required for each activity listed. The total number of spaces required for each activity is based on the number of staff and visitors (adults and children) who will be attending. For every activity, each staff member will be assumed to necessitate a parking space, for a parking rate of one (1) space per staff member. The number of parking spaces necessary for each visitor depends on the type of activity. For activities where there is a high likelihood of people carpooling, the projected parking rate is equivalent to the City of Newport Beach Parking Code for an assembly parking rate, which is one (1) space per three (3) seats. For purposes of this report, it is assumed that each visitor (adults and children) will occupy a seat, therefore the code can be adjusted to reflect a parking rate of one (1) space per three (3) visitors. For small events, where the likelihood of carpooling is slim, the parking rate is one (1) space per one (1) visitor, due to the high probability that many people will drive a vehicle individually. Table 2 reflects the projected parking rate for each activity. It is important to note that the religious beliefs of some of the visitors may restrict the visitors from driving. The analysis assumes all visitors will be driving to model a conservative approach. The number of parking spaces required for the Newport Jewish Center will be added by activity during the duration of the activity, and will be separated into weekday, Saturday, and Sunday events. 2.2 Projected Bay Corporate Plaza Parking Demand Appendix C provides the City of Newport Beach Municipal Parking Code. Within the Code is a list of required off-street parking for multiple uses. As previously discussed, the Newport Beach Code does not have a rate for required parking for the type of proposed uses at the Newport Jewish Center. Instead, the number of required parking spaces will be determined for the Newport Jewish Center based on the list of activities occurring at the site. One of the buildings in the Bay Corporate Plaza is currently vacant. Therefore, the observed parking demand, discussed in the following section, will not account for the 2-1 CC -9 - 16 potential parking demand from this building. The demand for the building will be determined based on the Newport Beach Parking Rate for general office use, as shown in Table 3. The vacant building will require at most 93 parking spaces during a typical weekday, from approximately 8:00 AM to 5:00 PM. As previously discussed, the hours of operation for the vacant building is approximate based on typical general office uses. The required 93 parking spaces will be included in the conservative projected parking demand for the Bay Corporate Plaza. Table 3 also provides a list of minimum parking spaces required by the Newport Beach Municipal Code for the remaining tenants in the Bay Corporate Plaza. Mobilitie (2220 University Drive) proposes to increase their hours of operation to 24 hours a day, 7 days a week. If this were to occur, they would utilize additional parking spaces. To provide a conservative scenario for the project, the minimum number of parking spaces required by the Code for Mobilitie's building size (42 parking spaces) is added to the observed demand during their non-operating hours. As mentioned before, their current operating hours are 8:00 AM to 5:00 PM, Monday through Friday. Tables 4 and 5 provide the hours of operation for each tenant in the Bay Corporate Plaza. In addition to the hours of operation, the tables also reflect the number of vehicles which will require a parking space for each use. 2-2 CC -9 - 17 3.0 Bav Corporate Plaza Observed Parkina Demand 3.1 Observed Peak Hour Parking Demand Parameters In order to establish peak parking demand within the Bay Corporate Plaza, RK performed four (4) observed parking demand surveys at the site during typical operating times. To accomplish this, the total parking area provided within this development has been divided into three (3) zones, as shown in Exhibit D. Parking counts were obtained during the following times: 1. Saturday, February 22, 2014, from 7:30 AM and 10:00 PM, at 30 -minute intervals. 2. Tuesday, February 25, 2014, from 7:30 AM to 10:00 PM, at 30 -minute intervals. 3. Wednesday, March 12, 2014, from 7:30 AM to 10:00 PM, at 30 -minute intervals. 4. Thursday, March 13, 2014, from 7:30 AM to 10:00 PM, at 30 -minute intervals. The observed parking counts coincide with the proposed hours of operation of the Newport Jewish Center and the general office use buildings in the Plaza. The parking counts are included in Appendix E. As previously discussed, there is a possibility that some people may be utilizing the Bay Corporate Plaza parking lot while they visit the Back Bay Loop Trail. Special care was taken to record how many vehicles parked in the 255 spaces and then proceed to leave the site, i.e. not visit the four (4) buildings in the Plaza. 3.2 Existing Parking Demand Findings Appendix E (E-1 through E-4) calculates the percentage of parking spaces being utilized during the observed times. The following is a summary of the observed demand: • On Saturday, February 22, 2014 the observed peak period occurred at 12:00 PM. There were a total of 23 parked cars, which is approximately 9% of the supplied parking. There were approximately 20 instances during the observed time period where people left the Bay Corporate Plaza and utilized the Back Bay Trail after parking their vehicle. • On Tuesday, February 25, 2014 the observed peak period occurred at 10:00 AM, 10:30 AM and 11:30 AM. There were a total of 112 parked cars, which is approximately 43.9% of the supplied parking. There were approximately 12 instances during the observed time period where people left the Bay Corporate Plaza and utilized the Back Bay Trail after parking their vehicle. 3-1 CC -9 - 18 • On Wednesday, March 12, 2014 the observed peak period occurred at 11:30 AM. There were a total of 90 parked cars, which is approximately 35.3% of the supplied parking. There were approximately 23 instances during the observed time period where people left the Bay Corporate Plaza and utilized the Back Bay Trail after parking their vehicle. • On Thursday, March 13, 2014 the observed peak period occurred at 11:30 AM. There were a total of 84 parked cars, which is approximately 32.9% of the supplied parking. There were approximately 19 instances during the observed time period where people left the Bay Corporate Plaza and utilized the Back Bay Trail after parking their vehicle. • The weekday counts (Tuesday, Wednesday and Thursday) were combined and averaged, as shown on Table 6. This is to determine the average parking demand during the observed time periods. The averaged observed counts will be utilized when determining the projected parking demand. The average observed peak period occurred at 11:30 AM. There was an average of 96 parked cars, which is approximately 37.6% of the supplied parking. To be conservative, the parking demand counts for the Back Bay Trail are included as part of the total demand for the site. The observed parking study demonstrates that the current building occupancy demand does not exceed the parking supply. Due to the vacancy at 2260 University Drive and proposed Newport Jewish Center, the observed counts do not reflect the future highest possible demand. Therefore, RK has added the required number of parking spaces (as outlined in Section 2.0), to the observed demand, to project the highest parking demand. It should be noted that the vacant office space in 2260 University Drive was estimated by the City of Newport Beach's Municipal Parking Code at a rate of 1 space per 250 square feet. This is conservative since it has been found that most offices required three (3) spaces per 1,000 square feet. 3-2 CC -9 - 19 4.0 Proiected Parkina Demand Tables 7, 8 and 9 provide the projected parking demand for the Bay Corporate Plaza during typical Saturday, Sunday, and weekday conditions. As previously discussed, the observed demand does not account for the proposed project and the currently vacant Building (2260 University Drive). The proposed project's required number of spaces is added to the proposed operating hours, and the vacant building's required number of spaces is added to weekday hours of 8:00 AM to 5:00 PM. Due to the uncertainty of the buildings operating hours, this is done to be consistent with typical general office use. Additionally, parking spaces are added to account for Mobilitie's proposed increased hours of operation. RK conducted an observed parking demand count on Saturday. Due to the hours of operation for the existing buildings, the number of vehicles parked on a typical Saturday is expected to be consistent with the number of vehicles parked on a typical Sunday. Therefore, the counts on Saturday, February 22, 2014 are used as a base demand for the projected demand on a typical Sunday. The following is a summary of the projected parking demand at the Bay Corporate Plaza: • The typical Saturday projected demand, using the observed counts from Saturday, February 22, 2014, is projected to occur at 12:00 PM with a total of 122 vehicles parked. This is approximately 47.8% of the supplied parking. • The typical Sunday projected demand, using the observed counts from Saturday, February 22, 2014, is projected to occur at 7:00 PM with a total of 115 vehicles parked. This is approximately 45.1 % of the supplied parking. • The typical weekday projected demand using the averaged observed counts, is projected to occur at 2:30 PM with a total of 214 vehicles parked. This is approximately 83.9% of the supplied parking. • Table 10 provides a summary of the projected parking demand. During projected peak demands, there is still a surplus of 41 parking spaces, or there is still 16.1 % of the parking lot available for additional demand. Based upon the projected parking demand, there is a sufficient amount of parking spaces to accommodate the proposed Newport Jewish Center. It is important to recall that the projected parking demand model is conservative, and there is a possibility that the parking demand will be less than what was projected. 4-1 CC -9 - 20 THIS PAGE INTENTIONALLY LEFT BLANK 4-2 CC -9 - 21 5.0 Trip Generation Analvsis Trip generation represents the amount of trips that are produced and attracted by a development. Trip generation rates are developed in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9`h Edition. The analysis of traffic impacts of the proposed use of the 2240 University Drive building should be presented by determining the difference between the trip generations of the Bay Corporate Plaza with the proposed project in comparison to the trip generation of the Bay Corporate Plaza without the proposed project. The trip generation rates for this project are shown in Table 11. As shown, the trip generation rates for both a Church use (ITE Code 560) and General Office use (ITE Code 710) are provided for the peak hours and daily trips. The Church use trip generation rate is used, because the ITE Trip Generation Manual does not provide trip rates for the type of use the Newport Jewish Center is proposing. The ITE Trip Generation Manual does have trip rates for Synagogue use, but there is very limited data (one sample study) available for the use. It is standard practice to use caution with a small sample size, and RK has determined it is more appropriate to use the Church trip rates, since the rates are supported with more data. It should be noted that the proposed project is expected to have a higher trip rate on Saturday, versus the higher rate for a church on Sunday. The Sunday Church trip rate is comparable to the proposed project's Saturday trip rate, and is therefore appropriate for analysis. Table 12 shows the trip generation for the proposed use (Church use) for weekday peak hours and weekday and weekend daily trips compared to the previous use (General Office use). The previous land use generated ten (10) additional trips in the AM peak hour and eight (8) additional trips in the PM peak hour than the proposed project for weekday peak hour conditions. The proposed project generates 17 less daily weekday trips than the previous general office use. Alternatively, the weekend experiences an increase in the Saturday and Sunday daily trips (72 and 327 respectively). This analysis concludes that the trips generated by the proposed project during the weekday are less than the trips generated by the previous land use. 5-1 CC -9 - 22 THIS PAGE INTENTIONALLY LEFT BLANK 5-2 CC -9 - 23 6.0 Conclusions RK Engineering Group, Inc. has completed a parking and trip generation analysis for the Newport Jewish Center project to be located at 2240 University Drive in the City of Newport Beach. It should be noted that the parking demand calculated for the project is based on a conservative scenario. It assumes that all of the uses for the Newport Jewish Center are occurring weekly and the parking demand for the vacant building of 93 parking stalls is calculated by the parking code which may overestimate the actual parking demand if the building was occupied. By taking this into account, the project will still not exceed the parking demand of the site. The following is a summary of the findings: • Bay Corporate Plaza is projected to have a surplus of approximately 41 parking spaces during the peak observed hours of the weekday. • The proposed Saturday and Sunday activities are projected to have a surplus of 133 and 140 parking spaces during the peak operating hours. • The peak hours of operation by the Newport Jewish Center are not in conflict with other existing general office tenants at Bay Corporate Plaza. Therefore, the proposed use will not create a parking deficiency on the site. • The proposed development will generate fewer trips than the previous land use (General Office) during the weekday AM and PM peak hours. • Due to the trip generation analysis, it can be concluded that the trips generated by the Newport Jewish Center should not negatively affect traffic during the weekday AM and PM peak hours. 6-1 CC -9 - 24 THIS PAGE INTENTIONALLY LEFT BLANK 6-2 CC -9 - 25 Exhibits -26 Exhibit A Location Map cawncwe ima WlN r. eWa Clara Mev / Nnrgn\ an OO Me.o°n rWhtt � aMerNa .r Qf' y: Annul NPY4W1---D`Yea � `OF OerMY � D«M a Mre yq /�"'n4 o me _ o�°aP a pF 4 WYaS �;d"srr� d w 'lid Vahi�nrr • Nr+NNr&xn 4j4 d Newmn +' " l .tfn ear *m«. .PNrrrNm. p °� pa wo nne nvP %41 ^&1aP 5 cpiY yi�4 �,y n AMSrurWre �. 0«Y&v K y orf MaUCN.AMrna .}:°' SIWe..I rrvmelYrcM1 P LMarInNMfl BY '� y NaNepn gTral Mt fur^bmOnq. Ile G./ e' � ado 5.9aYtl1 , 4'�M1' WIM DOS O. ry Yp FA[S Newpin ,iQ' �/ Fk • � A �d'e P'a �r'.r Mm Haar♦ L5 rT/,y p a CNUum B«40q N VD 5�0`y2 OL r' pc "ftk- MWemy a alp /� G:�. � ABm '- y <F. C a ¢/� MnrM«n •i SeQ>s/ ey ea � � nvena �4 Y—SITE P c a Y �/ MeneariBVM art p BUY BHSP ` /� "VrnryaMa.] rBry ye" NWn Sanofi d` �NaMry M T C Na.ear waM - N e � � "Q �a 4 MYrMr Mra�w Iw pin. t ff (+ itl t w rla[a n CNµ1W A ITNM 1 � 3 lNperNnpM _ r f Var,a,e c UPVBr ��•a\ s i NeNYait `. x deN N.aY aryw flarY pr,r nr ET'p 4d8 a'N6 >.dO VWar uma.. ar,�r I N 2397-14-0 1 (ExA) NEWPORT JEWISH CENTER OBSERVED PARKING AND TRIP GENERATION STUDY, City of Newport Beach, CA engineerin�c group, i 9 - 27 M IT119 M a Aerial Bay Corporate Plaza Bay Corporate Plaza 2220 University Drive: 2240 University Drive (Ist): 2240 University Drive (2nd): 2260 University Drive: 2280 University Drive: Mobilitie LLC (10,595 SF) Existing Tenants (7,974 SF) Newport Jewish Center (8,958 SF) Vacant (23,198 SF) Ana Management (13,301 SF) 2397-14-01(ExB) a ng i nee{r,;I��,� NEWPORT JEWISH CENTER OBSERVED PARKING AND TRIP GENERATION STUDY, City of Newport Beach, CA group, I 9 28 U ORIGE ORIK - lssn - Ito•r puv. Mee 167N q4� MItI1M x•01• lgOSi �. Exhibit C Site Plan I N 2397-14-0 1 (ExC) engineering NEWPORT JEWISH CENTER OBSERVED PARKING AND TRIP GENERATION STUDY, City of Newport Beach, CA group( jnC'9 - 29 (� �i9p i W.'ftiH� 'ri�Ap' ♦ I 11 •' 9.✓'T Yi0'T ' � 4!vff hR ■■■■■■■■■■■■■ ..... l�ii sp ......■ mail to HBN4 GIWR 16a+r" p f HOG%L HALL K?sF. 1�1 inT �i i�.•. - v 91"� •A I*. WOMW'S 1w i• I N 2397-14-0 1 (ExC) engineering NEWPORT JEWISH CENTER OBSERVED PARKING AND TRIP GENERATION STUDY, City of Newport Beach, CA group( jnC'9 - 29 ■■■■■■■■■■■■■ ..... ......■ mail - -- � � �I■��• ill � I N 2397-14-0 1 (ExC) engineering NEWPORT JEWISH CENTER OBSERVED PARKING AND TRIP GENERATION STUDY, City of Newport Beach, CA group( jnC'9 - 29 •4W r T n� 4 RK Tables -31 Table 1 Bay Corporate Plaza Building Information Address Tenant Land Use Size' Hours of Operation 2220 University Drive Mobilitie LLC General Office 10,595 SF Monday - Friday: 8:00 AM - 5:00 PM' 2240 University Drive First Floor - Varies General Office 7,974 SF Monday - Friday: 8:00 AM - 5:00 PM4 2240 University Drive Second Floor - Newport Jewish Center Assembly/General Office 8,958 SF Varies (See Table 2) 2260 University Drive Vacant General Office' 23,198 SF Monday - Friday: 8:00 AM - 5:00 PM' 2280 University Drive Anza Management General Office 13,301 SF Monday - Friday: 8:00 AM - 5:00 PM ' SF = Net Square Feet Z The building is currently vacant, but it is zoned for general office and has had general office occupants in the past. Therefore, for purposes of this report, the building is assumed to be general office use. The majority of general offices are open from 8:00 AM - 5:00 PM, Monday through Friday, therefore the assumption is made that the vacant building will operate during those hours. 3 This reflects the current hours of operation for Mobilitie, but the hours of operation may increase to 24 hours a day, 7 days a week. To model a conservative scenario, RK has considered this possibility and has adjusted the projected parking demand accordingly. 4 The hours of operation for each existing suite slightly vary. Please refer to Table 4 for more information. j:Vkta bles\RK10346TB. xls JN:2397-2014-07 CC -9 - 32 Table 2 Newport Jewish Center Parking Analysis 2240 University Drive: 2ntl Floor Expected General Schedulet'2 Activity Day of the Week Hours Staff Visitors parking Rate" Parking Spaces (Adults/Children) Required General Office Use Monday, Tuesday, g:00 AM - 5:30 PM 5 5/0 1 space per Staff 10 Wednesday, Thursday + 1 space per Visitor General Office Use Friday 8:00 AM - 2:00 PM 3 2/0 1 space per Staff 5 + 1 space per Visitor 1 space per Staff General Office Use Sunday 9:00 AM - 9:30 PM 1 0/0 1 + 1 space per Visitor 1 space per Staff Mommy and Me Class Monday 1130 AM - 1:00 PM 1 10/10 11 + 1 space per Visitor Multi -Purpose Room Tuesday, Thursday 7:00 PM-9'30PM 0 20/0 1 space per Staff 20 + 1 space per Visitor Adult Jewish Education Tuesday, Thursday 7:30 PM - 9'.30 PM 1 20/0 1 space per Staff 21 + 1 space per Visitor Parent Special Needs Thursday 130 PM -3.00 PM 2 20/0 1 space per Staff 22 Support Group + 1 space per Visitor 1 space per Staff Jewish Services Friday 6:30 PM -8:30 PM 2 30/10 22 + 1 space per 3 Visitors 1 space per Staff Jewish Services Saturday 990 AM - 1:30 PM 2 40/10 19 + 1 space per 3 Visitors 1 space per Staff Hebrew Education Sunday 9:30 AM - 11:30 AM 5 2/30 16 + 1 space per 3 Visitors 1 space per Staff Young Adult Circle Sunday 5:00 PM -7:00 PM 4 20/20 44 + 1 space per Visitor Tefillin Prayer Club Sunday 8:30 PM - 9:30 PM 1 15/0 1 space per Staff 16 + 1 space per Visitor Shabbat Dinner` Friday 7:00 PM -9:00 PM 4 75/25 1 space per Staff 38 + 1 space per 3 Visitors Lectures` Sunday 7:00 PM - 8:30 PM 3 200/0 1 space per Staff 70 + 1 space per 3 Visitors 1 space per Staff Bar/Bat Mitzvah` Saturday 9:00 AM - 1:00 PM 4 80/20 38 + 1 space per 3 Visitors ' Expected weekly schedule. This schedule includes activities that are most likely to occur at the Newport Jewish Center. d Schedule only includes weekly activities. Special events, such as holidays, are not included. Please refer to Appendix D for the list of activities s Activity is only expected to occur, at most, every 6-8 weeks. To be conservative, it is shown as weekly. " Determining parking rates for a land use such as the proposed project (Newport Jewish Center) is difficult, since most agencies and publications do not have data to draw from, For purposes of this report, activities that are considered "large', where many people will be attending and the probability of carpooling is higher, have a lower parking rate. The 'large' parking rate is established based on the Newport Beach Municipal Parking Code (Chapter 20.40) land use for assemblies (1 space per 3 seats; for this scenario, visitors and seats are interchangeable). For "small" activities, it is assumed, for purposes of this report, that visitors will not be carpooling, i.e. driving their own vehicle. Staff members are also assumed to be driving their own vehicle for every activity listed. j: VkebIw\RK10346T3.xls JM2397-2014-01 CC -9 - 33 Table 3 City of Newport Beach Municipal Parking Rates' Address Tenant Land Use Size Newport Beach Parking Rate Minimum Parking Spaces Required by Code 2260 University Drive Vacant General Office' 23,198 SF 1 space per 250 SF 93 2220 University Drive Mobilitie4 General Office 10,595 SF 1 space per 250 SF 42 2240 University Drive (I" Floor) Varies General Office 7,974 SF 1 space per 250 SF 32 2240 University Drive (2nd Floor) Newport Jewish Center Varies 8,958 SF 1 space per 250 SF 36 2280 University Drive Anza Management General Office 13,301 SF 1 space per 250 SF 53 1 Newport Beach Parking Code Chapter 20.40.040 (Appendix C) z SF = Net Square Feet 3The building is currently vacant, but is zoned for general office. Previous tenants were general office use; therefore, it is appropriate to model the building as general office. 4 Mobilitie may increase their hours of operation to be 24 hours a day, 7 days a week. Therefore, the 42 parking spaces allotted according to the Newport Beach Parking Code, will have to be included in the projected parking demand. j: Vkta blesV?K 10346TB. xls JN:2397-2014-01 CC -9 - 34 Table 4 Tenant Hours of Operation for Weekday (Monday - Friday)' Bay Corporate Plaza Suite ' Hours of operation reflect Table 1. (Included in Observed Counts): Additional vehicles do not need to be added to the observed counts for these tenants. M vehicles: Number of Vehldes added to observed demand based on Table 2 and Table 3 projected parking demand. Add tonal veYddes repui red If/when Mobilitie increases their hours of operation to 24 hours a day, ] days a week. )M23bki014-076lB xk 1N:2399-1014-01 CC -9 - 35 Gross AM PM Address Number Tenant Name Land Use 9Fuarc fi30 7:00 7 3 800 830 9'.00 9:30 10'00 10:30 11 00I 11 30 12'.00 12:30 1.00 130 2:00 230 3:Go 330 4:00 4'.30 500 5:30 6'.00 630 7:00 7:30 BDo 6:30 9:00 9:30 10:00 2220 - Mobilitie LLC General Office 10,595 42 Vabides (Included In Observed Counts) 42 Vehicles University Dr 2240 1' Fluor Existing 7,974 University Dr 100 Erin Madison General Office (Included in Observed Counts) 120 JRM Energy General Office (Included in Observed Counts) 130 Optimal Healthcare Strategies General Office (Included in Observed Counts) 140 Apex Diagnostics General Office (Included in Observed Counts) 150 Newport Counseling General Office (Included in Observed Counts) 160 Eagle Business Finance General Office (Included in Observed C;Cts) 2"1 Floor Newport Jewish Center General Office' 8,958 Religious -General office (Monday, Tuesday, 10 Vehicles Wednesday, Thursday, Fdday)2 - Mammy and Me Class (Monda 11 Vehicle - Multi -Purpose Room (Monday, Tuesday,Y4ednesda ' 20 Vehicles -Adult Jewish Education 21 Vehicles (Tuesday, Wednesday, Thursda)2 - Parent Special Needs Support Group (Thursday)2 - Jewish Services 22 Vehicles (Friday)' -Shabbat Dinner 38 Vehicles 2260 _ Vacant General Office 23,198 93 Vehicl University Dr 2280 Anza Management General Office 13,301 (Included in Obser Universit Dr ' Hours of operation reflect Table 1. (Included in Observed Counts): Additional vehicles do not need to be added to the observed counts for these tenants. M vehicles: Number of Vehldes added to observed demand based on Table 2 and Table 3 projected parking demand. Add tonal veYddes repui red If/when Mobilitie increases their hours of operation to 24 hours a day, ] days a week. )M23bki014-076lB xk 1N:2399-1014-01 CC -9 - 35 Table 5 Tenant Hours of Operation Weekend' Bay Corporate Plaza Hours of operation reflect Table 1. (Included in Observed Counts): Additional vehicles do not need to be added to the observed counts for these tenants. M Vehicles: Number of Vehicles added to observed demand based on Table 2 and Table 3 projected parking demand. DAdd ltional vehicles required If/when Mobilitie increases their hours of operation to 24 hours a day, 7 days week. i,Vk,ba,wFK,o246 B.xk )M2399.2014-01 CC -9 - 36 ®�®®kl�� Saturday Address Suite Number Tenant Name Land Use Gross Square Feet 6 3(1 AM PM T007:3(1 8,00 8:30 9:00 9'.30 10:00 10:30 11:00 11'.30112 00 12:30 1:00 1:30 2;00 2:30 3:00 3:3( 4:00 4'.30 5:00 5:30 6:00 6.30 7:00 7:30 800 830 9:00 9:30 10'.00 2220 University Dr Mobilitie LLC General Office 10,595 R2 Vehicles 2240 University Dr Y- Floor Existing 7,974 Apex Diagnostics 100 Erin Madison General Office Newport Counseling Eagle Business Finance 120 IRM Energy General Office CenterAct 130 Optimal Healthcare Strategies General Office Hebrew Education Young Adult Circle 140 Apex Diagnostics General Office 150 Newport Counseling General Office 160 Eagle Business Finance General Office 2"a Floor Newport Jewish Center General Office/ Religious 8,958 -Jewish Services -Bar/Bat Miluvah 38 Vehicles 2260 University Dr Vacant General Office 23,198 2280 Univenoty, Dr Anza M.nargirani General Office 13.301 Hours of operation reflect Table 1. (Included in Observed Counts): Additional vehicles do not need to be added to the observed counts for these tenants. M Vehicles: Number of Vehicles added to observed demand based on Table 2 and Table 3 projected parking demand. DAdd ltional vehicles required If/when Mobilitie increases their hours of operation to 24 hours a day, 7 days week. i,Vk,ba,wFK,o246 B.xk )M2399.2014-01 CC -9 - 36 ®�®®kl�� ss®i :ss :®i rs� sr s•s rr®i sr®i sr�� ss®i rs� rs®i .sr®i rs®i :ss :®i •ss�sss Apex Diagnostics Newport Counseling Eagle Business Finance CenterAct Hebrew Education Young Adult Circle Hours of operation reflect Table 1. (Included in Observed Counts): Additional vehicles do not need to be added to the observed counts for these tenants. M Vehicles: Number of Vehicles added to observed demand based on Table 2 and Table 3 projected parking demand. DAdd ltional vehicles required If/when Mobilitie increases their hours of operation to 24 hours a day, 7 days week. i,Vk,ba,wFK,o246 B.xk )M2399.2014-01 CC -9 - 36 Table 6 Observed Parking Demand Bay Corporate Plaza Averaged Weekday Observed Counts TIME Observed Counts: Tuesday February 25, 2014 Observed Counts: Wednesday March 12, 2014 Observed Counts: Thursday March 13, 2014 l Average Percent Occupied Total Spaces - - - 255 7:30 AM 14 5 6 9 3.5% 8:00 AM 30 25 28 28 11.0% 8:30 AM 66 55 45 56 22.0% 9:00 AM 85 67 53 69 27.1% 9:30 AM 89 73 75 79 31.0% 10:00 AM 112 79 73 88 34.5% 10:30 AM 112 83 75 90 35.3% 11:00 AM 110 84 82 92 36.1% 11:30 AM 112 90 84 96 37.6% 12:00 PM 100 79 71 84 32.9% 12:30 PM 96 75 59 77 30.2% 1:00 PM 76 76 63 72 28.2% 1:30 PM 83 80 73 79 31.0% 2:00 PM 100 80 75 85 33.3% 2:30 PM 99 83 83 89 34.9% 3:00 PM 101 83 79 88 34.5% 3:30 PM 96 78 78 84 32.9% 4:00 PM 94 79 75 83 32.5% 4:30 PM 90 76 74 80 31.4% 5:00 PM 76 61 67 68 26.7% 5:30 PM 56 31 31 40 15.7% 6:00 PM 36 26 19 27 10.6% 6:30 PM 18 18 16 18 7.1% 7:00 PM 13 15 10 13 5.1% 7:30 PM 7 10 8 9 3.5% 8:00 PM 6 7 7 7 2.7% 8:30 PM 7 8 7 8 3.1% 9:00 PM 5 4 7 6 2.4% 9:30 PM 2 3 5 4 1.6% 1000 PM 1 1 1 5 3 1 1.2% The average of the three weekday counts is calculated and rounded up if necessary. The average will be used when determining the projected parking demand at the Bay Corporate Plaza. j: \rktables\RK 10346T8.xls /N: 2397-2014-01 CC -9 - 37 Table 7 Projected Parking Demand Bay Corporate Plaza - Typical Saturday' TIMEProjected Observed Counts Tenant 2260 Demand Mobilitie (Tenant 2220) Increased Demand Newport Jewish Center Projected Demand Projected Demand Percent Occupied Total Spaces 255 - - 7:30 AM 6 0 42 0 48 18.8% 8:00 AM 7 0 42 0 49 19.2% 8:30 AM 8 0 42 0 50 19.6% 9:00 AM 8 0 42 57 107 42.0% 9:30 AM 6 0 42 57 105 41.2% 10:00 AM 12 0 42 57 111 43.5% 10:30 AM 14 0 42 57 113 44.3% 11:00 AM 20 0 42 57 119 46.7% 11:30 AM 20 0 42 57 119 46.7% 12:00 PM 23 0 42 I 122 47.8% 12:30 PM 20 0 42 57 119 46.7% 1:00 PM 8 0 42 19 69 27.1% 1:30 PM 7 0 42 0 49 19.2% 2:00 PM 6 0 42 0 48 18.8% 2:30 PM 5 0 42 0 47 18.4% 3:00 PM 6 0 42 0 48 18.8% 3:30 PM 8 0 42 0 50 19.6% 4:00 PM 7 0 42 0 49 19.2% 4:30 PM 9 0 42 0 51 20.0% 5:00 PM 3 0 42 0 45 17.6% 5:30 PM 3 0 42 0 45 17.6% 6:00 PM 3 0 42 0 45 17.6% 6:30 PM 2 0 42 0 44 17.3% 7:00 PM 2 0 42 0 44 17.3% 7:30 PM 1 0 42 0 43 16.9% 8:00 PM 1 0 42 0 43 16.9% 8:30 PM 1 0 42 0 43 16.9% 9:00 PM 1 0 42 0 43 16.9% 9.30 PM 1 0 42 0 43 16.9% 10:00 PM 1 0 42 0 43 16.9% 'Observed counts for atypical Saturday are from Saturday, February 22, 2014. Tenant 2260 is currently vacant. It can be assumed that the future use of the building is general office use. Table 3 discusses the City of Newport Beach Municipal Parking Code, which determines that based on the size and use of the building, the building is required to have 93 parking spaces during operation. Due to the proposed use of the building (general office use) it is expected that the building will be closed on Saturday and Sunday, therefore the spaces will not be added to the observed counts for a typical Saturday. 3 Mobilitie has shown interest in increasing the hours of operation for their business to 24 hours a day, 7 days a week. RK has included the increase in demand to model a conservative scenario. 4 The number of parking spaces required is based on a parking rate determined from the hours of operation, use and expected number of visitors. Please refer to Table 2 for more information. j: \rktables\RKI 0346TB.As JN:2397-2014-01 CC -9 - 38 Table 8 Projected Parking Demand Bay Corporate Plaza - Typical Sunday' TIME Observed i Counts Tenant 2260 Projected z Demand Mobilitie (Tenant 2220) 3 Increased Demand Newport Jewish Center Projected a Demand Projected Demand Percent Occupied Totals aces 255 - - - - 7:30 AM 6 0 42 0 48 18.8% 8:00 AM 7 0 42 0 49 19.2% 8:30 AM 8 0 42 0 50 19.6% 9:00 AM 8 0 42 1 51 20.0% 9:30 AM 6 0 42 17 65 25.5% 10:00 AM 12 0 42 17 71 27.8% 10:30 AM 14 0 42 17 73 28.6% 11:00 AM 20 0 42 17 79 31.0% 11:30 AM 20 0 42 1 63 24.7% 12:00 PM 23 0 42 1 66 25.9% 12:30 PM 20 0 42 1 63 24.7% 1:00 PM 8 0 42 1 51 20.0% 1:30 PM 7 0 42 1 50 19.6% 2:00 PM 6 0 42 1 49 19.2% 2:30 PM 5 0 42 1 48 18.8% 3:00 PM 6 0 42 1 49 19.2% 3:30 PM 8 0 42 1 51 20.0% 4:00 PM 7 0 42 1 50 19.6% 4:30 PM 9 0 42 1 52 20.4% 5:00 PM 3 0 42 45 90 35.3% 5:30 PM 3 0 42 45 90 35.3% 6:00 PM 3 0 42 45 90 35.3% 6:30 PM 2 0 42 45 89 34.9% 7:00 PM 2 0 42 71 115 45.1% 7:30 PM 1 0 42 71 114 44.7% 8:00 PM 1 0 42 71 114 44.7% 8:30 PM 1 0 42 17 60 23.5% 9:00 PM 1 0 42 17 60 23.5% 9:30 PM 1 0 42 0 43 16.9% 10:00 PM 1 0 42 0 43 16.9% Observed counts for a typical Sunday are from Saturday, February 22, 2014. The observed counts for Saturday are expected to be similar to observed counts for Sunday due to the existing uses (general office) at the Bay Corporate Plaza. Tenant 2260 is currently vacant. It can be assumed that the future use of the building is general office use. Table 3 discusses the City of Newport Beach Municipal Parking Code, which determines that based on the size and use of the building, the building is required to have 93 parking spaces during operation. Due to the proposed use of the building (general office use) it is expected that the building will be closed on Saturday and Sunday, therefore the spaces will not be added to the observed counts for a typical Sunday. Mobilitie has shown interest in increasing the hours of operation for their business to 24 hours a day, 7 days a week. RK has included the increase in demand to model a conservative scenario. The number of parking spaces required is based on a parking rate determined from the hours of operation, use and expected number of visitors. Please refer to Table 2 for more information. i:\rktab1es\RK10346TB.x1s JN:2397-2014-01 CC -9 - 39 Table 9 Projected Parking Demand Bay Corporate Plaza - Typical Weekday' TIMEProjected Observed Counts'a Tenant 2260 Demand Mobilitie (Tenant 2220) Increased Demand Newport Jewish Center Projected Demand 4 Projected Demand Percent Occupied Total Spaces 255 7:30 AM 9 0 42 0 51 20.0% 8:00 AM 28 93 0 10 131 51.4% 8:30 AM 56 93 0 10 159 62.4% 9:00 AM 69 93 0 10 172 67.5% 9:30 AM 79 93 0 10 182 71.4% 10:00 AM 88 93 0 10 191 74.9% 10:30 AM 90 93 0 10 193 75.7% 11:00 AM 92 93 0 10 195 76.5% 11:30 AM 96 93 0 21 210 82.4% 12:00 PM 84 93 0 21 198 77.6% 12:30 PM 77 93 0 21 191 74.9% 1:00 PM 72 93 0 10 175 68.6% 1:30 PM 79 93 0 32 204 80.0% 2:00 PM 85 93 0 32 210 82.4% 2:30 PM 89 93 0 32 214 83.9% 3:00 PM 88 93 0 10 191 74.9% 3:30 PM 84 93 0 10 187 73.3% 4:00 PM 83 93 0 10 186 72.9% 4:30 PM 80 93 0 10 183 71.8% 5:00 PM 68 93 0 10 171 67.1% 5:30 PM 40 0 42 0 82 32.2% 6:00 PM 27 0 42 0 69 27.1% 6:30 PM 18 0 42 22 82 32.2% 7:00 PM 13 0 42 80 135 52.9% 7:30 PM 9 0 42 101 152 59.6% 8:00 PM 7 0 42 101 150 58.8% 8:30 PM 8 0 42 79 129 50.6% 9:00 PM 6 0 42 41 89 34.9% 9:30 PM 4 0 42 0 46 18.0% 10:00 PM 3 0 42 0 45 17.6% Observed counts for a typical weekday are the average of the counts taken on Tuesday, February 25, Wednesday, March 12 and Thursday, March 13, 2014. z Tenant 2260 is currently vacant. It can be assumed that the future use of the building is general office use. Table 3 discusses the City of Newport Beach Municipal Parking Code, which determines that based on the size and use of the building, the building is required to have 93 parking spaces during operation. 3 Mobilitie has shown interest in increasing the hours of operation for their business to 24 hours a day, 7 days a week. RK has included the increase in demand to model a conservative scenario. The 42 parking demand is not added from 8:00 AM to 5:00 PM because Mobilitie is currently operating during those hours, therefore the demand is already included. ° The number of parking spaces required is based on a parking rate determined from the hours of operation, use and expected number of visitors. Please refer to Table 2 for more information. i:\rktables\RK I0346TB.xls JN:2397-2014-01 CC -9 - 40 Table 10 Projected Parking Demand Bay Corporate Plaza Results Summary' ' Projected counts can be found in Tables 7, 8 and 9. 1: \rktables\RK7 0346TB.xls JN: 2391-2014-01 CC -9 - 41 Total Number Number of Percent of Peak Parking Peak Parking Day of Spaces Surplus Parking Parking Available Time Demand Provided Stalls at Peak at Peak Typical Weekday 255 2:30 PM 214 41 16.1% Typical Saturday 255 12:00 PM 122 133 52.2% Typical Sunday 255 7:00 PM 115 140 54.9% ' Projected counts can be found in Tables 7, 8 and 9. 1: \rktables\RK7 0346TB.xls JN: 2391-2014-01 CC -9 - 41 Table 11 Trip Generation Rates' ' Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition. ' It is noted that the proposed use will be closer to a synogogue use, which has a higher trip rate on Saturday than Sunday. The ITE rates for synogogue use provide a low volume of data to support the rates, therefore RK deemed they are not appropriate for this study. 3 The Sunday Church trip rate is comparable to a Saturday Synogogue trip rate, and vise versa. jArktab1es\RK10346TB. xls JN:2397-2014-01 CC -9 - 42 Weekday Weekend Weekday Weekday Weekday Saturday Sunday Land Use ITE Code AM Peak Hour PM Peak Hour Daily Trips Daily Trips Daily Trips (7:00 AM - 9:00 AM) (4:00 PM - 6:00 PM) Church' 560 0.56 per 1,000 SF 0.55 per 1,000 SF 9.11 per 1,000 SF 10.37 per 1,000 SF 36.63 per 1,000 SF General Office Building 710 1.56 per 1,000 SF 1.49 per 1,000 SF 11.03 per 1,000 SF 2.46 per 1,000 SF 1.05 per 1,000 SF ' Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition. ' It is noted that the proposed use will be closer to a synogogue use, which has a higher trip rate on Saturday than Sunday. The ITE rates for synogogue use provide a low volume of data to support the rates, therefore RK deemed they are not appropriate for this study. 3 The Sunday Church trip rate is comparable to a Saturday Synogogue trip rate, and vise versa. jArktab1es\RK10346TB. xls JN:2397-2014-01 CC -9 - 42 Table 12 Trip Generation 2240 University Drive: 2nd Floor Newport Jewish Center' Newport Jewish Center Size Weekday Weekend Weekday AM Peak Hour (7:00 AM - 9:00 AM) Weekday PM Peak Hour (4:00 PM - 6:00 PM) Weekday Daily Trips Saturday Daily Trips Sunday Daily Trips Church 9,190 SF 5 5 84 95 337 General Office Building 9,190 SF 15 13 101 23 10 Net Change 10 -8 -17 +72 +327 ' Trip generation based on the project description and ITE Trip Generation Manual (see Table 11). z SF = Gross Square Feet i:\rktab1es\RK I0346TB.xls IN 2397-2014-01 CC -9 - 43 Appendices Appendix A Bay Corporate Plaza Information CC -9 - 45 Tenant List by Address Bay Corporate Plaza 2220 University Drive Mobilite LLC Hours: 8:00 a.m. — 5:00 p.m., Monday — Friday 2240 University Drive (ground floor tenants) Suite 100: Erin Madison Hours: 9:30 a.m. — 5:00 p.m., Monday — Friday Suite 120: JRM Energy Hours: 8:00 a.m. — 4:00 p.m., Monday — Friday Suite 130: Optimal Healthcare Strategies Hours: 9:00 a.m. — 5:00 p.m., Monday — Friday Suite 140: Apex Diagnostics Hours: 8:30 a.m. — 5:00 p.m., Monday — Friday Suite 150: Newport Counseling Hours: 9:00 a.m. — 5:00 p.m., Monday — Friday Suite 160: Eagle Business Finance Hours: 7:00 a.m. — 5:00 p.m., Monday — Friday 2260 University Drive Owner: 300 Wall Street Currently Vacant 2280 University Drive Anza Management Hours: 8:00 a.m. — 5:00 p.m., Monday — Friday CC -9 - 46 Zoning Occupancy Construction Type Net Site Net Pads Lot Coverage Parking Requirement Building Area Bay Corporate Plaza Project Data May -82 3.823 acres 1 space Building A TOTALS Parking Required B TOTALS Parking Required C TOTALS Parking Required D TOTALS Parking Required TOTALS (gross) PARKIGN REQUIRED PARKING PROVIDED Handicapped Standard Compact per APH B-2 B/C, V 1 hr. - A/D. VN 166,530 square feet 32,517 square feet 19,52% 250 square feet (net) Floor Gross (S.F.) Parking Net (S.F.) 1 6,649 6,044 2 7,373 7,257 14,022 13,301 53 1 11,848 10,852 2 12,853 12,346 24,701 23,198 93 1 8,695 7,974 2 9,190 8,958 17,885 16,932 68 1 5,325 4,855 2 6,018 5,740 11,343 10,595 42 67,951 64,026 1 32,517 29,725 2 35,434 34,301 256 263 4 195 64 CC -9 - 47 Appendix B Portions of Covenants, Conditions and Restrictions (CC&R) Agreement: Bay Corporate Plaza CC -9 - 48 83-2°9103 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BAY CORPORATE PLAZA ORANGE COUNTY, CALIFORNIA THIS DECLARATION is made this 15th day of June 1983, by BAY CORPORATE PLAZA ASSOCIATES, a California general partnership, hereafter referred to as "Declarant". R E C I T A L S: A. Declarant is the fee owner of the real property described in Exhibit W to this Declaration, which shall be the Covered Property under this Declaration. This Declaration is being imposed by Declarant upon 'the Covered Property. B. Declarant has deemed it desirable to establish covenants., conditions and restrictions upon the Covered Property and each and every portion thereof, which wil:.1 constitute a general scheme for the management and develop- ment on an integrated basis of the Covered Property, and for the use, occupancy and enjoyment thereof, all for the purpose of enhancing and protecting the value, desirability and attractiveness of the Covered Property and enhancing the quality of life within the Covered Property. C. It is desirable for the efficient management of the Covered Property and the preservation of the value, desirability and attractiveness of the Covered Property to create a corporation to which should be delegated and assigned the powers of managing the Ccvered Property, maintaining and administering the Covered Property and administering and enforcing these covenants, conditions and restrictions and collecting and disbursing funds pursuant to the assessment and charges hereinafter created and referred to and to perform such other acts as shall generally benefit the Covered Property. D. Bay Corporate Plaza Association, a nonprofit mutual benefit corporation, has been incorporated under the laws of the State of California for the purpose of exercising the powers and functions aforesaid. E. Declarant will hereafter hold and convey title to all of the Covered Property subject to certain protective covenants, conditions and restrictions hereafter set forth. NOW, THEREFORE, Declarant hereby covenants., agrees and declares that all of its interest as the same may from time to time appear in the Covered Property shall be held and conveyed subject to the following covenants, conditions,. restrictions and easements which are hereby declared to be for the benefit of said interests in the Covered Property, and the owners of said interests, their successors and assigns. These covenants, conditions, restrictions and easements shall run with said interests and shall be binding upon all parties having or'acquiring any right or title in said interests or any part thereof, and shall inure to the CC -9 - 49 83-229103 benefit of each owner thereof and are imposed upon said interests and every part thereof as a servitude in favor of each and every of said interests as the dominant tenement or tenements. ARTICLE I DEFINITIONS Unless the context clearly indicates otherwise, the following terms used in this Declaration are defined as follows: Section 1.1 "Architectural Committee" shall mean and refer to the committee or committees provided for in Article V hereof, entitled "Architectural Control." Section 1.2 "Articles" and "Bylaws" shall mean and refer to the Articles of Incorporation and Bylaws of the Association as the same may from time to time be duly amended. In the event of any conflict between the Articles, the Bylaws and this Declaration, the provisions of this Declaration shall control. Section 1.3 "Assessments:" The following meanings shall be given to the Assessments hereinafter defined:' "Regular Assessment" shall mean the amount which is to be paid by each Member to the Association for Common Expenses. "Special Assessment" shall mean a charge against a particular Owner and such Owner's Lot, directly attributable to the Owner, to reimburse the Association for costs incurred in bringing the Owner and such Owner's Lot into compliance with the provisions of this Declaration, the Articles, Bylaws. or Association Rules, or any other charge designated as a Special Assessment in this Declaration, the Articles, Bylaws or Association Rules, together with attorneys' fees and other charges payable by such Owners pursuant to the provi- sions of this Declaration, plus interest thereon as provided for in this Declaration. "Reconstruction Assessment" shall mean a charge against each Member and his Lot representing a portion of the cost to the Association for reconstruction of any portion or portions of the Community Facilities or Maintenance Area pursuant to the provisions of this Declaration. "Capital Improvement Assessment" shall mean a charge against each Member and his Lot, representing a portion of the cost to the Association for installation or construction of any capital improvements on ,any of the Community Facilities or Maintenance Area which the Association may from time to time authorize pursuant to the provisions of this Declaration. Section 1.4 "Association" shall mean and refer to Bay Corporate Plaza Association, a nonprofit mutual benefit corporation, incorporated under the laws of the State of California, its successors and assigns. Section 1.5 "Association Rules" shall mean rules adopted by the Association pursuant to.Article VI hereof, entitled 'Duties and Powers of the Association'. _2 - CC -9 - 50 63-2°9103 Section 1.6 "Board" shall mean the Board of Directors of the Association. Section 1.7 "Building" shall mean any structural improvement on any Lot which is enclosed by exterior or Lot Dividing Walls, floor and roof and is designed for human occupancy and the conduct within of activities and business by the Owner of such Lot, or such Owner's licensees, tenants, successors or assigns. Section 1.8 "City" shall mean the city of Newport Beach, California. Section 1.9 "Common Expenses" shall mean and refer to the actual and estimated costs of: (a) maintenance, management, operation, repair and replacement of the Community Facilities, and all other areas on the Covered Property which are or may be maintained by the Association; (b) unpaid Assessments; (c) costs of management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and employees; (d) the costs of utilities, landscape maintenance, repair and replacement and other services which generally benefit and enhance the -value and desirability of the Covered Property and which are not separately paid by Lot Owners; (e) the costs of fire, casualty, liability, workmen's compensation and other insurance covering the Community 'Facilities and the Maintenance Area; (f) the costs of any other insurance obtained by the Association; (g) reasonable reserves as deemed appropriate by the Board; (h) the costs of bonding of the members of the Board., any professional managing agent or any other person handling the funds of the Association; (i) taxes paid by the Association; (j) amounts paid by the Association for discharge of any lien or encumbrance levied against the Community Facilities or portions thereof; (k) costs incurred by Committees established by the Board; (1) the Declarant's obligation to landscape, maintain and repair that certain slope area bordering the Covered Property as described in that certain Easement, License and Maintenance Agreement by and between Declarant as "Licensee" and Orange County Young Men's Christian Association,'a California' non-profit corporation -3- CC-9 - 51 83-2°-9103 as "Licensor," dated November 16, 1981 and recorded on December 10, 1981 as Instrument No. 14848 in Book 14319, Page 985 of Official Records of Orange County, California (the "YMCA Agreement"); (m) the costs of landscape maintenance and repair and replacement performed by the Association upon the portion of each Owner's Lot that is not occupied by a Building, according to plans and specifications attached as Exhibit "B" to the Declaration. The .costs of such maintenance, repair and replacement shall be paid by each Owner as a Regular Assessment, in such percentages as shown on Exhibit "C" to the Declaration; and (n) other expenses incurred by the Association for any reason whatsoever in connection with the Community Facilities, or the costs of any other item or items designated by this Declaration, the Articles, Bylaws or Association. Rules, or in furtherance•of the purposes of the Association or in the discharge of any duties or powers of the Association. Section 1.10 "Community Facilities" shall mean all real property, and the improvements thereon, from time to time owned or leased by or subject,to easements in favor of the Association or for the common use and enjoyment.of the Members. Upon the date of the first conveyance of a Lot to an Owner, the Community Facilities shall be conveyed by Declarant to the Association free of all liens and encum- brances except current real property taxes (which taxes shall be prorated as of the date of conveyance), title exceptions of record and the covenants, conditions, reserva- tions and restrictions contained in this Declaration and the instrument which conveys the Community Facilities to the Association. Section 1.11 "County" shall mean and refer to Orange County, California. Section 1.12 "Covered Property" shall mean and refer to all e �rproperty described on Exhibit "A" hereto. Section 1.13 "Exhibit" shall mean and refer to those documents so designated herein and attached hereto and each of such Exhibits is by this reference incorporated in this Declaration. Section 1.14 "Improvements" shall mean and include structures an construction of any kind, whether above or below the land surface, including but not limited to, Buildings, outbuildings, walls, water lines, sewers, electrical and gas distribution facilities, parking facilities, walkways, fences, hedges, mass plantings, poles, signs and any other structures or landscaping of any type or kind. Section 1.15 "Institutional Mortgagee" shall mean and refer To a First Mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, any federal or state agency, or any other institution regulated by federal or state law. -4- CC-9 - 52 83-2°9103 Section 1.16 "Lot" shall mean each of the separate legal parcels shown on the parcel map for the Covered Property which is described in Exhibit "A" attached hereto, and each reference herein to any particular Lot number shall refer to such Lot number as shown on such map. "Lot" also shall mean and refer to.any lot -shown on any final map which is hereafter filed for record or any parcel shown on any parcel map filed for record to the extent such lot or parcel is part of the Covered Property; provided, however, that "Lot" shall not include any Community Facilities. Section 1.17. "Maintenance Area" shall mean and refer to any area within or outside of the Covered Property which is not Community Facilities, but which the Association is required to maintain by this Declaration. "Maintenance Area" shall include, but not by way of limitation, the slope area described in the YMCA Agreement. Section 1.18 "Member" shall mean and refer to every person or entity who qualifies for membership pursuant to the Article of this Declaration entitled "Membership", including Declarant so long as Declarant qualifies for membership pursuant to said Article. Section 1.19 aMortgage" shall mean and refer to any duly recorded mortgage or deed of trust encumbering a.Lot. A "First Mortgage". shall refer to a Mortgage which has priority over any other Mortgage encumbering a specific Lot. Section 1.20 "Mortgagee" shall mean and refer to the mortgagee or beneficiary under any Mortgage. A "First Mortgagee" shall mean the holder of a Mortgage that has priority over any other Mortgage encumbering a Lot. Section 1.21 'occupant" shall mean those persons entitled by ownership, leasehold interest or other legal relationship to the right to occupy any portion of the Covered Property or the Improvements. Section 1.22 "Owner" shall mean and refer to one or more persons or entities who are alone or collectively the record owner of a fee simple title to a Lot, including Declarant, or the vendee under an installment land sales contract, but excluding those having any such interest merely as security for the performance of an obligation. If a Lot is leased by Declarant for a term in excess of twenty (20) years and the lease or memorandum thereof is recorded, the lessee or transferee of the leasehold interest and not the Declarant shall be deemed to be the Owner. In the event that the ownership of any Building or other Improvements on any portion of the Property shall ever be severed from the land,. whether by lease or by deed, only the owner of the interest in the land shall be deemed an Owner hereunder. An Owner shall not necessarily be an Occupant. If fee title to a Lot is owned other than by Declarant, the Owner of the fee title and not the lessee of such Lot shall be deemed the Owner regardless of the term of the lease. -5- CC-9 - 53 :j. w U Q a R onu++tl i 83-299103 I I I I 1 I I I 1 I 1 1� n' LU , Iv I� y :j. w U Q a R onu++tl i 83-299103 I I I I 1 I I I 1 I 1 EXHIBIT "e" " "Maintenance Area' �. ••-�• CC -9 - 54 1� n' Iv I� y ,e c u � O �S m Ln g J W 1 V Q• a 1 1 aw N � J 0 .0. z M am / Oa CL UW Sim / Z Q 4 I>-Z m J EXHIBIT "e" " "Maintenance Area' �. ••-�• CC -9 - 54 Appendix C Newport Beach Municipal Parking Code: Section 20.40 CC -9 - 55 Sections: 20.40.010 20.40.020 20.40.030 20.40.040 20.40.050 20.40.060 20.40.070 20.40.080 20.40.090 20.40.100 20.40.1 10 20.40.120 20.40.130 Chapter 20.40 OFF-STREET PARKING Purpose. Applicability. Requirements for Off -Street Parking. Off -Street Parking Spaces Required. Parking Requirements for Shopping Centers. Parking Requirements for Food Service Uses. Development Standards for Parking Areas. Parking for Nonresidential Uses in Residential Zoning Districts. Parking Standards for Residential Uses. Off -Site Parking. Adjustments to Off -Street Parking Requirements. Parking Management Districts. In -Lieu Parking Fee. 20.40.010 Purpose. The purpose of this chapter is to provide off-street parking and loading standards to: A. Provide for the general welfare and convenience of persons within the City by ensuring that sufficient parking facilities are available to meet the needs generated by specific uses and that adequate parking is provided, to the extent feasible; B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities; C. Increase public safety by reducing congestion on public streets and to minimize impacts to public street parking available for coastal access and recreation; D. Ensure access and maneuverability for emergency vehicles; and E. Provide loading and delivery facilities in proportion to the needs of allowed uses. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.020 Applicability. A. Off -Street Parking Required. Each use, including a change or expansion of a use or structure, except as otherwise provided for in Chapter 20.38 (Nonconforming Uses and Structures) shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed. B. Change, Enlargement, or Intensification of Use. Changes in use and enlargement or intensification of an existing use shall require compliance with the off-street parking requirements of this chapter, except as allowed in Chapter 20.38 (Nonconforming Uses and Structures). (Ord. 2010-21 § 1 (Exh. A)(part), 2010) CC -9 - 56 20.40.030 Requirements for Off -Street Parking. A. Parking Required to Be On -Site. Parking shall be located on the same lot or development site as the uses served, except for the following: 1. Townhouses and Multi -Tenant Uses. Where parking is provided on another lot within the same development site, the parking shall be located within two hundred (200) feet of the units they are intended to serve. 2. Off -Site Parking Agreement. Parking may be located off-site with the approval of an off-site parking agreement in compliance with Section 20.40.100(C) (Parking Agreement). B. Permanent Availability Required. Each parking and loading space shall be permanently available and maintained for parking purposes for the use it is intended to serve. The Director may authorize the temporary use of parking or loading spaces for other than parking or loading in conjunction with a seasonal or intermittent use allowed in compliance with Section 20.52.040 (Limited Term Permits). C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained in good condition. D. Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a private street, parking lot, or private property for the primary purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned. and the vendor is licensed to transact a vehicle sales business at that location. E. Calculation of Spaces Required. 1. Fractional Spaces. Fractional parking space requirements shall be rounded up to the next whole space. 2. Bench Seating. Where bench seating or pews are provided, eighteen (18) linear inches of seating shall be considered to constitute a separate or individual seat. 3. Gross Floor Area. References to spaces per square foot are to be calculated on the basis of gross floor area unless otherwise specified. 4. Net Public Area. "Net public area" shall be defined as the total area accessible to the public within an eating and/or drinking establishment, excluding kitchens, restrooms, offices pertaining to the use, and storage areas. 5. Spaces per Occupant. References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the City of Newport Beach Fire Department. 6. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements prescribed for each use. F. Nonconforming Parking and Loading. Land uses and structures that are nonconforming due solely to the lack of off-street parking or loading facilities required by this chapter shall be CC -9 - 57 subject to the provisions of Section 20.38.060 (Nonconforming Parking). (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.040 Off -Street Parking Spaces Required. Off-street parking spaces shall be provided in compliance with Table 3.10. These standards shall be considered the minimum required to preserve the public health, safety, and welfare, and more extensive parking provisions may be required by the review authority in particular circumstances. Unless otherwise noted parking requirements are calculated based on gross floor area. TABLE 3-10 OFF-STREET PARKING REQUIREMENTS Land Use Industry, Manufacturing and Processing, Warehousing Uses Food Processing Handicraft Industry Industry Small -5,000 sq. ft. or less Large—Over 5,000 sq. ft. Industry, Marine -Related Personal Storage (Mini Storage) Research and Development Warehousing and Storage Wholesaling Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities Commercial Recreation and Entertainment Cultural Institution s Schools, Public and Private Residential Uses Accessory Dwelling Units Single -Unit Dwellings—Attached Single -Unit Dwellings—Detached and less than 4,000 sq. ft. Parking Spaces Required 1 per 2,000 sq. ft. 1 per 500 sq. ft. 1 per 500 sq. ft. 1 per 1,000 sq. ft. 1 per 750 sq. ft. 2 for resident manager, plus additional for office as required by minor use permit 1 per 500 sq. ft. 1 per 2,000 sq. ft., plus one per 350 sq. ft. for offices. Minimum of 10 spaces per use 1 per 1,000 sq. ft. 1 per 3 seats or one per 35 sq. ft. used for assembly purposes As required by conditional use permit 1 per 300 sq. ft. As required by conditional/minor use permit 1 per unit; a minimum of 2 covered per site. 2 per unit in a garage 2 per unit in a garage CC -9 - of habitable floor area Single -Unit Dwellings—Detached and 4,000 sq. ft. or greater 3 per unit in a garage of floor area Single -Unit Dwellings—Balboa Island 2 per unit in a garage Multi -Unit Dwellings -3 units 2 per unit covered, plus guest parking; 1-2 units, no guest parking required 3 units, 1 guest parking space Multi -Unit Dwellings -4 units or more 2 per unit covered, plus 0.5 space per unit for guest parking Two -Unit Dwellings 2 per unit; 1 in a garage and 1 covered or in a garage Live/Work Units 2 per unit in a garage, plus 2 for guest/customer parking Senior Housing—Market rate 1.2 per unit Senior Housing—Affordable 1 per unit Retail Trade Uses Appliances, Building Materials, Home Electronics, Furniture, 1st 10,000 sq. ft. -1 space per 300 sq. Nurseries, and Similar Large Warehouse -type Retail Sales ft. and Bulk Merchandise Facilities Over 10,000 sq. ft. -1 space per 500 sq. ft. Plus 1 per 1,000 sq. ft. of outdoor merchandise areas Food and Beverage Sales 1 per 200 sq. ft. Marine Rentals and Sales Boat Rentals and Sales 1 per 1,000 sq. ft. of lot area, plus 1 per 350 sq. ft. of office area Marine Retail Sales 1 per 250 sq. ft. Retail Sales 1 per 250 sq. ft. Shopping Centers 1 per 200 sq. ft. See Section 20.40.050 Service Uses—Business, Financial, Medical, and Professional Convalescent Facilities 1 per 3 beds or as required by conditional use permit Emergency Health Facilities 1 per 200 sq. ft. Financial Institutions and Related Services 1 per 250 sq. ft. Hospitals 1 per bed; plus 1 per resident doctor and 1 per employee. Offices*—Business, Corporate, General, Governmental First 50,000 sq. ft. 1 per 250 sq. ft. net floor area Next 75,000 sq. ft. 1 per 300 sq. ft. net floor area Floor area above 125,001 sq. ft. 1 per 350 sq. ft. net floor area CC -9 - 59 * Not more than 20% medical office uses Offices—Medical and Dental Offices 1 per 200 sq. ft. Outpatient Surgery Facility 1 per 250 sq. ft. Service Uses—General Adult -Oriented Businesses 1 per 1.5 occupants or as required by conditional use permit Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces. Animal Sales and Services Animal Boarding/Kennels 1 per 400 sq. ft. Animal Grooming 1 per 400 sq. ft. Animal Hospitals/Clinics 1 per 400 sq. ft. Animal Retail Sales 1 per 250 sq. ft. Artists' Studios 1 per 1,000 sq. ft. Catering Services 1 per 400 sq. ft. Care Uses Adult Day Care—Small (6 or fewer) Spaces required for dwelling unit only Adult Day Care—Large (7 or more) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling unit) Child Day Care—Small (6 or fewer) Spaces required for dwelling unit only Child Day Care—Large (9 to 14) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling unit) Day Care—General 1 per 7 occupants based on maximum occupancy allowed per license Residential Care—General (7 to 14) 1 per 3 beds Eating and Drinking Establishments Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of net public area, whichever is greater Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit Food Service with/without alcohol, with/without late hours 1 per 30-50 sq. ft. of net public area, including outdoor dining areas, but excluding the first 25% or 1,000 sq. ft. of outdoor dining area, whichever is less. See Section 20.40.060 Food Service—Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for outdoor dining areas CC -9 - Take -Out Service—Limited Emergency Shelter Funeral Homes and Mortuaries Health/Fitness Facilities Small -2,000 sq. ft. or less Large—Over 2,000 sq. ft. Laboratories (medical, dental, and similar) Maintenance and Repair Services Marine Services Boat Storage—Dry Boat Yards Dry Docks Entertainment and Excursion Services Marine Service Stations Sport Fishing Charters Water Transportation Services—Office Personal Services Massage Establishments Nail Salons Personal Services, General Studio (dance, music, and similar) Postal Services Printing and Duplicating Services Recycling Facilities Collection Facility—Large Collection Facility—Small Visitor Accommodations Bed and Breakfast Inns Hotels and accessory uses Motels Recreational Vehicle Parks 1 per 250 sq. ft. 1 per 4 beds plus 1 per staff; and if shelter is designed with designated family units then 0.5 parking space per bedroom designated for family units 1 per 35 sq. ft. of assembly area 1 per 250 sq. ft. 1 per 200 sq. ft. 1 per 500 sq. ft. 1 per 500 sq. ft. 0.33 per storage space or as required by conditional use permit As required by conditional use permit 2 per dry dock 1 per each 3 passengers and crew members As required by conditional use permit 1 per each 2 passengers and crew members 1 per 100 sq. ft., minimum 2 spaces 1 per 200 sq. ft. or as required by conditional use permit 1 per 80 sq. ft. 1 per 250 sq. ft. 1 per 250 sq. ft. 1 per 250 sq. ft. 1 per 250 sq. ft. 4 spaces minimum, but more may be required by the review authority As required by the review authority 1 per guest room, plus 2 spaces As required by conditional use permit 1 per guest room or unit As required by conditional use permit CC -9 - 61 Time Shares As required by conditional use permit Transportation, Communications, and Infrastructure Uses DMV Communication Facilities 1 per 500 sq. ft. Heliports and Helistops As required by conditional use permit Marinas 0.75 per slip or 0.75 per 25 feet of Automobile Washing mooring space Vehicle Rental, Sale, and Service Uses area; plus queue for 5 cars per washing Vehicle/Equipment Rentals station Office Only 1 per 250 sq. ft. Limited 1 per 300 sq. ft., plus 1 per rental Service Station with Convenience Market vehicle (not including bicycles and similar vehicles) Vehicle/Equipment Rentals and Sales 1 per 1,000 sq. ft. of lot area Vehicles for Hire 1 per 300 sq. ft., plus 1 per each Caretaker Residence vehicle associated with the use and Special Events stored on the same site Vehicle Sales, Office Only 1 per 250 sq. ft., plus 1 as required by DMV Vehicle/Equipment Repair (General and Limited) 1 per 300 sq. ft. or 5 per service bay, whichever is more Vehicle/Equipment Services Automobile Washing 1 per 200 sq. ft. of office or lounge area; plus queue for 5 cars per washing station Service Station 1 per 300 sq. ft. or 5 per service bay, whichever is more; minimum of 4 Service Station with Convenience Market 1 per 200 sq. ft., in addition to 5 per service bay Vehicle Storage 1 per 500 sq. ft. Other Uses Caretaker Residence 1 per unit Special Events As required by Chapter 11.03 Temporary Uses As required by the limited term permit in compliance with Section 20.52.040 (Ord. 2013-4 § 3, 2013; Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.050 Parking Requirements for Shopping Centers. A. An off-street parking space requirement of one space for each two hundred (200) square feet of gross floor area may be used for shopping centers meeting the following criteria: 1 . The gross floor area of the shopping center does not exceed 100,000 square feet; CC -9 - 62 and 2. The gross floor area of all eating and drinking establishments does not exceed fifteen (15) percent of the gross floor area of the shopping center. B. Individual tenants with a gross floor area of ten thousand (10,000) square feet or more shall meet the parking space requirement for the applicable use in compliance with Section 20.40.040 (Off -Street Parking Spaces Required). C. Shopping centers with gross floor areas in excess of 100,000 square feet or with eating and drinking establishments occupying more than fifteen (15) percent of the gross floor area of the center shall use a parking requirement equal to the sum of the requirements prescribed for each use in the shopping center. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.060 Parking Requirements for Food Service Uses. A. Establishment of Parking Requirement. The applicable review authority shall establish the off-street parking requirement for food service uses within a range of one space for each thirty (30) to fifty (50) square feet of net public area based upon the following considerations: 1. Physical Design Characteristics. a. The gross floor area of the building or tenant space, b. The number of tables or seats and their arrangement; c. Other areas that should logically be excluded from the determination of net public area; d. The parking lot design, including the use of small car spaces, tandem and valet parking and loading areas; e. Availability of guest dock space for boats; and f. Extent of outdoor dining. 2. Operational Characteristics. a. The amount of floor area devoted to live entertainment or dancing, b. The amount of floor area devoted to the sale of alcoholic beverages; c. The presence of pool tables, big screen televisions or other attractions; d. The hours of operation; and e. The expected turnover rate. 3. Location of the Establishment. a. In relation to other uses and the waterfront; b. Availability of off-site parking nearby; CC -9 - 63 c. Amount of walk-in trade; and d. Parking problems in the area at times of peak demand. B. Conditions of Approval. If during the review of the application, the review authority uses any of the preceding considerations as a basis for establishing the parking requirement, the substance of the considerations shall become conditions of the permit application approval and a change to any of the conditions will require an amendment to the permit application, which may be amended to establish parking requirements within the range as noted above. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.070 Development Standards for Parking Areas. A. Access to Parking Areas. Access to off-street parking areas shall be provided in the following manner: 1. Nonresidential and Multi -Unit. Parking areas for nonresidential and multi -unit uses: a. Adequate and safe maneuvering aisles shall be provided within each parking area so that vehicles enter an abutting street or alley in a forward direction. b. The Director may approve exceptions to the above requirement for parking spaces immediately adjoining a public alley, provided not more than ten (10) feet of the alley right-of-way is used to accommodate the required aisle width, and provided the spaces are set back from the alley the required minimum distances shown in Table 3-11. TABLE 3-11 PARKING SETBACK FROM ALLEY Alley Width Minimum Setback 15'0" or less 5'0" 15'1" to 19'11" 3'9" 20'0" or more 2'6" c. The first parking space within a parking area accessed from a public street shall be set back a minimum of five feet from the property line. 2. Access Ramps. Ramps providing vehicle access to parking areas shall not exceed a slope of fifteen (15) percent. Changes in the slope of a ramp shall not exceed eleven (11) percent and may occur at five-foot intervals. Refer to Public Works Standard 160L -B, C and 805L -B. The Director of Public Works may modify these standards to accommodate specific site conditions. B. Location of Parking Facilities. 1 . Residential Uses. Parking facilities serving residential uses shall be located on the same site as the use the parking is intended to serve. Additional requirements are CC -9 - 64 provided in Section 20.40.090 (Parking Standards for Residential Uses). 2. Nonresidential Uses. Parking facilities for nonresidential uses shall be located on the same site as the use the parking is intended to serve, except where an off-site parking facility is approved in compliance with Section 20.40.100 (Off -Site Parking). 3. Parking Structures. When adjacent to a residential zoning district, the development of structured parking, including rooftop parking, shall require the approval of a conditional use permit to address potential impacts to adjacent residential uses. 4. Parking on Slopes. Parking shall not be allowed on slopes greater than five percent. This shall not apply to parking spaces located within a parking structure. The Director of Public Works may adjust these standards to accommodate specific site conditions. C. Parking Space and Lot Dimensions. 1. Minimum Parking Space and Drive Aisle Dimensions. Each parking space, drive aisle, and other parking lot features shall comply with the minimum dimension requirements in Tables 3-13 and 3-14 and as illustrated in Figure 3-6. 2. Width of Parking Aisle. The width of parking aisles may be reduced by the Public Works Director in unique situations arising from narrow lots or existing built conditions when traffic safety concerns have been addressed. TABLE 3-12 MINIMUM STANDARD PARKING SPACE SIZE Minimum Standard Space Requirements Width Length 8 ft. 6 in. 17 ft. TABLE 3-13 90 8 ft. 6 in. 17 ft. 17 ft. 26 ft. 26 ft. (1) When the length of a parking space abuts a wall, or similar obstruction, the required width of the space shall be increased to nine feet. CC -9 - 65 STANDARD VEHICLE SPACE REQUIREMENTS Stall Length Aisle Width Angle (degrees) Stall Width (1)(3) Stall Depth (2) (3) One -Way Two -Way Parallel 8 ft. N/A 22 ft. 14 ft. 24 ft. 30 8 ft. 6 in. 16 ft. 17 ft. 14 ft. N/A 45 8 ft. 6 in. 18 ft. 17 ft. 14 ft. N/A 60 8 ft. 6 in. 19 ft. 17 ft. 18 ft. N/A 90 8 ft. 6 in. 17 ft. 17 ft. 26 ft. 26 ft. (1) When the length of a parking space abuts a wall, or similar obstruction, the required width of the space shall be increased to nine feet. CC -9 - 65 (2) Measured perpendicular to aisle. (3) Structural elements shall not encroach into the required stall, with the exception of a one square foot area at the front corners. 3. Bumper Overhang Areas. A maximum of two and one-half feet of the parking stall depth may be landscaped with low -growing, hearty materials in lieu of paving or an adjacent walkway may be increased, allowing a two and one-half foot bumper overhang while maintaining the required parking dimensions. 4. Compact Parking. Compact parking spaces shall not be allowed. However, where they exist at the time of adoption of this Zoning Code they may remain and shall not be considered a nonconforming condition. SUM 30 Degree Angle Parking $UBBI 45 Degree Angle Parking a lo, 2r-ol ; � s .A iuWk+PoSrin �.. i 60 Degree Angle Parking 90 Degree Parking Figure 3-6 Parking Lot Dimensions D. Required Parking Area Improvements. Off-street parking areas shall have the following improvements: 1. Curbing and Wheel Stops. a. Continuous concrete curbing shall be installed a minimum of five feet from a wall, fence, building, or other structure. Curbs shall be a minimum of four inches high. CC -9 - 66 b. The minimum standard curb radius shall be six feet at all aisle corners. Alternative curb radii may be approved by the Director of Public Works. c. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the parking area drainage is directed to the landscaped area subject to the approval of the Director of Public Works. Wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space. Wheel stops shall not be used in conjunction with continuous curbing, including adjacent to raised walkways. 2. Drainage. Parking lots shall be designed in compliance with the stormwater quality and quantity standards of the City's best management practices and the City's Standard Specifications and Plans. 3. Landscaping. Landscaping for new surface parking lots with ten (10) or more spaces shall be provided as indicated below. These requirements do not apply to routine maintenance and restriping of existing parking lots. a. Perimeter Parking Lot Landscaping. i. Adjacent to Streets. (A) Parking areas abutting a public street shall be designed to provide a perimeter landscape strip a minimum five feet wide between the street right -of way and parking area. The Director may grant an exception to this requirement if existing structures, substandard lots, or unique site conditions preclude its implementation. In this case, the maximum feasible planting strip area shall be provided based on site conditions. (B) Landscaping, other than trees, shall be designed and maintained to screen cars from view from the street and shall be maintained at approximately thirty-six (36) inches in height. (C) Screening materials may include a combination of plant materials, earth berms, raised planters, low walls, or other screening devices that meet the intent of this requirement as approved by the Director. (D) Plant materials, walls, or structures within a traffic sight area of a driveway shall not exceed thirty-six (36) inches in height in compliance with Section 20.30.130 (Traffic Safety Visibility Area). ii. Adjacent to Residential Use. (A) Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer yard with a minimum of five feet in width between the parking area and the common property line bordering the residential use. A solid masonry wall and landscaping in compliance with Section 20.30.020(D) (Screening and Buffering Between Different Zoning Districts) shall be provided along the property line. CC -9 - 67 (B) Trees shall be provided at a rate of one for each thirty (30) square feet of landscaped area and shall be a minimum twenty-four (24) inch box container at time of planting. b. Interior Parking Lot Landscaping. i. Trees Required. (A) Number and Location. Trees shall be evenly spaced throughout the interior parking area at a rate of one tree for every five parking spaces. Trees shall be located in planters that are bounded on at least two sides by parking area paving. Planters shall have a minimum exterior dimension of five feet. (B) Size. All trees within the parking area shall be a minimum twenty-four (24) inch box container at time of planting. ii. Ends of Aisles. All ends of parking aisles shall have landscaped islands planted with trees, shrubs, and groundcover. iii. Larger Projects. Parking lots with more than one hundred (100) spaces shall provide an appropriate entry feature consisting of a concentration of landscape elements, including specimen trees, flowering plants, enhanced paving, and project identification. 4. Lighting. Parking lots shall be lighted so that there is a minimum illumination over the entire lot of 1.0 footcandle and an average over the entire lot of 2.5 footcandles. Lighting shall comply with the standards in Section 20.30.070 (Outdoor Lighting). 5. Stall Markings, Directional Arrows, and Signs. a. Parking spaces shall be clearly outlined with four -inch -wide lines painted on the surface of the parking facility. Carpool and vanpool spaces shall be clearly identified for exclusive use of carpools and vanpools. b. Parking spaces for the disabled shall be striped and marked so as to be clearly identified in compliance with the applicable Federal, State, and City standards. c. Driveways, circulation aisles, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. d. The Director of Public Works may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility. 6. Surfacing. Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or interlocking paving stones or other City -approved surfaces. E. Enclosed Parking. The following regulations shall apply to enclosed commercial off-street parking: CC -9 - 68 1. Doors shall remain open during regular business hours; 2. A sign shall be posted on the business frontage that advises patrons of the availability and location of parking spaces; 3. Signs shall be posted on the site containing the following information: a. Doors are to remain open during business hours; and b. A number to call for Code Enforcement. 4. The location, size, and color of the signs required above shall be approved by the Department. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.080 Parking for Nonresidential Uses in Residential Zoning Districts. Where parking lots for nonresidential uses are allowed in residential zoning districts in compliance with Chapter 20.18 (Residential Zoning Districts), they shall be developed in compliance with the following requirements in addition to other applicable standards provided in this chapter. A. Conditional Use Permit Required. Approval of a conditional use permit shall be required in order to locate a parking lot intended for nonresidential use within a residential zoning district. B. Location of Parking Area. The parking area shall be accessory to, and for use of, one or more abutting nonresidential uses allowed in an abutting commercial zoning district. The Commission may grant a waiver for noncontiguous parking lots, but only under all of the following conditions: 1. The parking lot is designed to be compatible with the neighborhood; 2. There are no residential uses between the parking lot and the commercial zoning district; 3. The location of the parking lot does not fragment the adjacent neighborhood; 4. The parking lot is not detrimental or injurious to property and improvements in the neighborhood; and 5. The parking lot is located within a reasonable walking distance of the use to which it is an accessory. C. Access. Access to parking lots shall be from commercial streets or alleys. An exception may be granted by the Commission if no commercial streets are available for access. D. Passenger Vehicle Parking Only. Parking lots shall be used solely for the parking of passenger vehicles. E. Signs. No signs, other than signs designating entrances, exits, and conditions of use shall be maintained in parking areas. Signs shall not exceed four square feet in area and five feet in height. The number and location shall be approved by the Director before installation. CC -9 - 69 F. Perimeter Wall. The parking lot shall have a solid masonry wall six feet in height along all interior property lines adjacent to residential zoning districts and thirty-six (36) inches in height adjacent to streets and the front setback area of an abutting residential use. G. Development Standards. The parking lot shall be developed in compliance with the development standards of this chapter and the outdoor lighting standards in Section 20.30.070 (Outdoor Lighting). H. No Overnight Parking. Overnight parking shall be prohibited and the parking lot shall be secured after business hours to prevent any use of the facility. (Ord. 2010-21 § 1 (Exh. A) (part), 2010) 20.40.090 Parking Standards for Residential Uses. A. Parking Space and Driveway Dimensions. 1. Minimum Interior Dimensions. The minimum interior dimensions for parking spaces in residential zoning districts shall be as provided in Table 3-14. The Director may approve a reduced width for duplex units when two separate single car garages are proposed side by side and the applicant has proposed the maximum width possible. TABLE 3-14 MINIMUM INTERIOR DIMENSIONS Single Lot Width Car/Tandem* Two Car 30 feet or less 9'3" x 19' (35')* 17'6" x 19' 30.1-39.99 10' x 19' (35')* 18'6" x 19' feet 40 feet or more 10' x 20' 20' x 20' The minimum depth for a two -car tandem space is thirty-five (35) feet. 2. Tandem Parking. Tandem parking for a maximum of two cars in depth shall be allowed in residential districts subject to the minimum interior dimensions provided in Table 3-14. 3. Driveway Width. Driveways visible from a public right-of-way shall not be wider than required to access an adjacent garage as follows: a. One car garage: ten (10) feet wide. b. Two car garage: twenty (20) feet wide. c. Three car garage: twenty-five (25) feet wide. d. Four car garage: thirty-two (32) feet wide. 4. Vertical Clearances. The minimum unobstructed vertical clearance for parking spaces shall be seven feet, except that the front four feet may have a minimum vertical clearance of four feet. CC -9 - 70 B. Access to Parking. 1. Direct Access Required. Each parking space shall be capable of being accessed directly from an adjoining vehicular right-of-way or over an improved hard surfaced driveway, except for approved tandem parking spaces. 2. Clear Access Required. Where access to a required parking space is taken over a driveway, the driveway shall be maintained free and clear at all times except for the parking of currently registered, licensed motor vehicles, and for temporary obstructions that are incidental to the use of the property. Temporary obstructions in the driveway shall be allowed only for a period up to seventy-two (72) hours. C. Location of Parking. 1. Allowed Parking Areas. Parking of vehicles is allowed only in permanent parking areas and on driveways leading to allowed parking areas. Under no circumstances shall landscaped areas or hardscaped areas in front yards, other than driveways, be used for the parking of vehicles. 2. Garages Facing the Street. Garages with doors that face the street that are located within twenty (20) feet of the front property line shall be equipped with automatic roll -up doors. 3. Parking Located in Required Setback Areas. The following requirements shall apply to the parking or storage of motor vehicles, recreational vehicles, watercraft, trailers, and similar items in residential zoning districts: a. Front Setback Areas. Parking or storage in required front setback areas shall be prohibited, except on driveways in front of garages that set back a minimum of twenty (20) feet from the front property line. b. Side Setback Areas. Parking or storage in required side setback areas (behind the rear line of the required front setback area) shall be allowed. c. Rear Setback Areas Without Alleys. Parking or storage in required rear setback areas shall be allowed. d. Rear Setback Areas with Alleys. Parking or storage in required rear setback areas shall not be allowed. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.100 Off -Site Parking. A. Conditional Use Permit Required. Approval of a conditional use permit shall be required for a parking facility or any portion of required parking that is not located on the same site it is intended to serve. B. Findings. In order to approve a conditional use permit for an off-site parking facility the Commission shall make all of the following findings in addition to those required for the approval of a conditional use permit: 1 . The parking facility is located within a convenient distance to the use it is intended to CC -9 - 71 serve; 2. On -street parking is not being counted towards meeting parking requirements, 3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 4. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. C. Parking Agreement. A parking agreement, which guarantees the long-term availability of the parking facility for the use it is intended to serve, shall be recorded with the County Recorder's Office. The agreement shall be in a form approved by the City Attorney and the Director. D. Loss of Off -Site Parking. 1 . Notification of City. The owner or operator of a business that uses an approved off- site parking facility to satisfy the parking requirements of this chapter shall immediately notify the Director of any change of ownership or use of the property where the spaces are located, or changes in the use that the spaces are intended to serve, or of any termination or default of the agreement between the parties. 2. Effect of Termination of Agreement. Upon notification that the agreement for the required off-site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur: a. Substitute parking is provided that is acceptable to the Director; or b. The size or capacity of the use is reduced in proportion to the parking spaces lost. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.110 Adjustments to Off -Street Parking Requirements. The number of parking spaces required by this chapter may be reduced only in compliance with the following standards and procedures. A. ADA Compliance. The Director may administratively reduce parking requirements due to a loss of parking spaces because of ADA requirements associated with tenant improvements. B. Reduction of Required Off -Street Parking. Off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows: 1. Reduced Parking Demand. Required off-street parking may be reduced with the approval of a conditional use permit in compliance with the following conditions: a. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on - street parking available, greater than normal walk in trade, mixed-use development); CC -9 - 72 and b. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). 2. Joint Use of Parking Facilities. Required off-street parking may be reduced with the approval of a conditional use permit where two or more nonresidential uses on the same site or immediately adjacent sites have distinct and differing peak parking demands (e.g., a theater and a bank). The review authority may grant a joint use of parking spaces between the uses that results in a reduction in the total number of required parking spaces in compliance with the following conditions: a. The most remote space is located within a convenient distance to the use it is intended to serve; b. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking, c. The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand, d. 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; e. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department; and f. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). C. Parking Management Plan. When a parking management plan to mitigate impacts associated with a reduction in the number of required parking spaces is required by this chapter, the parking management plan may include, but is not limited to, the following when required by the review authority: 1 . Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict; 2. Restricting land uses with high parking demand characteristics; 3. Securing off-site parking in compliance with Section 20.40.100 (Off -Site Parking); 4. Providing parking attendants and valet parking; and 5. Other appropriate mitigation measures. D. Required Data. In reaching a decision to allow a reduction of required parking spaces, the review authority shall consider data submitted by the applicant or collected/prepared at the CC -9 - 73 applicant's expense. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.120 Parking Management Districts. Properties within a parking management district, established through the Parking Management (PM) Overlay District, may be exempted from all or part of the off-street parking requirements of this chapter in compliance with the provisions of the adopted parking management district plan. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.40.130 In -Lieu Parking Fee. The number of parking spaces required by Section 20.40.040 (Off -Street Parking Spaces Required) may be reduced if the review authority authorizes the use of an in -lieu fee to be paid by the applicant towards the development of public parking facilities. The in -lieu fee shall be paid to the Citywide Parking Improvement Trust Fund. The amount of the fee and time of payment shall be established by Council resolution. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) The Newport Beach Municipal Code is current through Ordinance 2013-29, passed January 14, 2014. Disclaimer: The City Clerk's Office has the official version of the Newport Beach Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. CC -9 - 74 Appendix D List of Proposed Activities at Newport Jewish Center CC -9 - 75 Newport Beach Jewish Center Occupancy/Use Schedule Chabad Activities Monthly General Activities Activity Days Hours # of times per month Staff Adult Visitors Children Visitors General Office Use M-T-W-TH 8:00 a.m. — 5:30 p.m. 16 5 5 0 General Office Use F 8:00 a.m.-2:00 p.m. 4 3 2 0 General Office Use SU 9:00 a.m. — 9:30 p.m. 4 1 0 0 Multi -Purpose Room M -W 7:00 p.m. — 9:30 p.m. 8 0 20 0 Adult Jewish Education T-TH 7:30 p.m. — 9:30 p.m. 8 1 20 0 Parent Special Needs Support Group TH 1:30 p.m. — 3:00 p.m. 8 2 20 0 Jewish Services F 6:30 p.m. — 8:30 p.m. 4 2 30 10 Jewish Service S 9:00 a.m. —1:30 p.m. 4 2 40 10 Hebrew Education SU 9:30 a.m. —11:30 a.m. 4 5 2 30 Youn Adult Circle SU 5:00 .m. — 7:00 .m. 1 4 20 20 Tefillin Pra er Club SU 8:30 p.m. — 9:30 p.m. 4 2 15 0 Mommy and Me Class M 11:30 a.m. — 1:00 p.m. 4 1 10 10 CC -9 - 76 Special Event and Community Holiday Celebrations - Ne ort Beach Jewish Center Activities Activity Days Hours # Staff Adult Visitors Children Visitors Shabbat Dinner Once every 6- 8 weeks (F) 7:00 p.m. — 9:00 p.m. N/A 4 75 25 Lectures Once every 8- weeks S 7:00 p.m. — 8:30 p.m. N/A 3 100-200 0 Bar/Bat Mitzvah Once every 3- months S 9:00 a.m. — 1:00 p.m. N/A 4 80 20 Holiday - Purim varies 7:00 p.m. — 9:30 p.m. 1/Year 4 75 25 Holiday - Passover varies 7:00 p.m. — 9:30 p.m. 1/Year 4 75 25 Holiday - Shavuot varies 7:00 p.m. — 8:00 p.m. 1/Year 2 60 10 Holiday — Rosh Hashanah varies 1 10:00 a.m. —11:30 a.m. 1/Year 4 80 0 Holiday — Rosh Hashanah varies (1) 11:30 a.m. —12:30 p.m. 1/Year 4 175 25 Holiday — Rosh Hashanah varies (1) 7:00 p.m. — 8:00 p.m. 1/Year 4 125 25 Holiday — Yom Kippur varies (2) 10:00 a.m. —11:30 a.m. 1/Year 4 75 5 Holiday — Yom Kippur varies 2 11:30 a.m. — 1:00 p.m. 1/Year 4 175 25 Holiday — Yom Kippur varies (2) 5:30 p.m. — 7:00 p.m. 1/Year 4 80 20 Holiday — Yom Kippur varies 2 7:00 .m. — 9:30 p.m. 1/Year 4 140 20 Holiday — Shemin Atzeret & Simehat Torah varies 7:00 p.m. — 8:30 p.m. 1/Year 4 75 25 Holiday — Chanukah Party S or SU 7:00 p.m. — 9:30 p.m. 1/Year 4 75 25 Fashion Island Menorah Lighting N/A Off -Site N/A N/A N/A N/A Jewish Women's Circle N/A Off -Site N/A N/A N/A N/A Shiva Services N/A Off - Site N/A N/A N/A N/A Varies means that this could occur on a weekday or a weekend da 1 Same da 2 Same da CC -9 - 77 Special Event - Friendshi Circle Activity Days Hours # Staff Adult Visitors Children Visitors Friendship Circle Trainings Once every 3- months SU 1:30 p.m. — 4:30 p.m. N/A 20 40 0 Evening of Recognition N/A Off -Site N/A N/A N/A N/A Sunday Circle N/A Off -Site N/A N/A N/A N/A Activities and Holidays Not Celebrated by Newport Beach Jewish Center Second Passover (not celebrated) La BAOmer not celebrated The Three Weeks not celebrated The 15`h of Av (not celebrated) Fast of Tevet 10 (not celebrated) To B'Shevat not celebrated Hebrew Day School (not part of Chabad) Hebrew Pre -School not part of Chabad CC -9 - 78 Appendix E Observed Parking Counts: Saturday, February 22, 2014 Tuesday, February 25, 2014 Wednesday, March 12, 2014 Thursday, March 13, 2014 CC -9 - 79 Appendix E-1 Observed Parking Demand Bay Corporate Plaza''z Saturday, February 22, 2014 TIME Zone 1' zone 2' zone 3' Total Percent Occupied Reg. $ Reg. �> Reg. S Total Spaces 66 2 91 0 90 6 255 7:30 AM 0 0 4 -- 2 0 6 2.4% 8:00 AM 0 0 5 2 0 7 2.7% 8:30 AM 0 0 6 2 0 8 3.1% 9:00 AM 0 0 6 - 2 0 8 3.1% 9:30 AM 0 0 3 3 0 6 2.4% 10:00 AM 0 0 2 10 0 12 4.7% 10:30 AM 0 0 2 - 12 0 14 5.5% 11:00 AM 0 0 4 16 0 20 7.8% 11:30 AM 0 0 4 16 0 20 7.8% 12:00 PM 1 0 5 17 0 23 9.0% 12:30 PM 1 0 5 14 0 20 7.8% 1:00 PM 0 0 4 4 0 8 3.1% 1:30 PM 0 0 5 - 2 0 7 2.7% 2:00 PM 0 0 4 2 0 6 2.4% 2:30 PM 0 0 2 3 0 5 2.0% 3:00 PM 1 0 2 - 3 0 6 2.4% 3:30 PM 1 0 5 2 0 8 3.1% 4:00 PM 0 0 4 3 0 7 2.7% 4:30 PM 0 0 6 - 3 0 9 3.5% 5:00 PM 0 0 1 2 0 3 1.2% 5:30 PM 0 0 1 2 0 3 1.2% 6:00 PM 0 0 1 - 2 0 3 1.2% 6:30 PM 0 0 1 1 0 2 0.8% 7:00 PM 0 0 1 1 0 2 0.8% 7:30 PM 0 0 1 - 0 0 1 0.4% 8:00 PM 0 0 1 0 0 1 0.4% 8:30 PM 0 0 1 0 0 1 0.4% 9:00 PM 0 0 1 - 0 0 1 0.4% 9:30 PM 0 0 1 0 0 1 0.4% 10:00 PM 0 0 1 0 0 1 0.4% I Zone location is shown on Exhibit D. During the observed period, there were approximately 20 instances (during the observed time period) where people parked a vehicle in the Bay Corporate Plaza parking lot, and proceeded to leave the site (not using the buildings at the Plaza). Though the vehicles were not parked for the Plaza, they are included in the demand. j:Vkta bles\RK 10346TB. xls JN:2397-2074-01 CC -9 - 80 Appendix E-2 Observed Parking Demand Bay Corporate Plaza''2 Tuesday, February 25, 2014 TIME Zone 1' Zone 2' Zone 3' Total Percent Occupied Reg. S Reg. Reg. Totals aces 66 2 91 0 90 6 255 7:30 AM 7 0 1 -- 5 1 14 5.5% 8:00 AM 11 0 4 14 1 30 11.8% 8:30 AM 24 0 9 33 0 66 25.9% 9:00 AM 34 0 14 37 0 85 33.3% 9:30 AM 35 0 17 37 0 89 34.9% 10:00 AM 37 0 21 53 1 112 43.9% 10:30 AM 37 0 21 53 1 112 43.9% 11:00 AM 37 0 19 53 1 110 43.1% 11:30 AM 37 0 21 53 1 112 43.9% 12:00 PM 26 0 21 53 0 100 39.2% 12:30 PM 29 0 20 47 0 96 37.6% 1:00 PM 18 0 17 41 0 76 29.8% 1:30 PM 20 0 18 45 0 83 32.5% 2:00 PM 27 0 19 54 0 100 39.2% 2:30 PM 31 0 14 54 0 99 38.8% 3:00 PM 31 0 17 53 0 101 39.6% 3:30 PM 31 0 18 47 0 96 37.6% 4:00 PM 31 0 17 46 0 94 36.9% 4:30 PM 32 0 16 42 0 90 35.3% 5:00 PM 27 0 15 34 0 76 29.8% 5:30 PM 21 0 9 26 0 56 22.0% 6:00 PM 13 0 7 16 0 36 14.1% 6:30 PM 3 0 5 10 0 18 7.1% 7:00 PM 1 0 4 8 0 13 5.1% 7:30 PM 1 0 3 3 0 7 2.7% 8:00 PM 1 0 1 4 0 6 2.4% 8:30 PM 1 0 0 6 0 7 2.7% 9:00 PM 1 0 0 4 0 5 2.0% 9:30 PM 1 0 0 1 0 2 0.8% 10:00 PM 1 0 0 0 0 1 0.4% ' Zone location is shown on Exhibit D. During the observed period, there were approximately 12 instances (during the observed time period) where people parked a vehicle in the Bay Corporate Plaza parking lot, and proceeded to leave the site (not using the buildings at the Plaza). Though the vehicles were not parked for the Plaza, they are included in the demand. j:Vkta bles\RK 10346TB. xls JN:2397-2014-01 CC -9 - 81 Appendix E-3 Observed Parking Demand Bay Corporate Plaza''2 Wednesday, March 12, 2014 TIME Zone 1' Zone 2' Zone 3' Total Percent Occupied Reg. f5 Reg. Reg. Totals aces 66 2 91 0 90 6 255 7:30 AM 1 0 0 -- 4 0 5 2.0% 8:00 AM 6 0 3 16 0 25 9.8% 8:30 AM 15 0 8 32 0 55 21.6% 9:00 AM 17 0 13 37 0 67 26.3% 9:30 AM 19 0 15 39 0 73 28.6% 10:00 AM 19 0 16 44 0 79 31.0% 10:30 AM 18 0 18 46 1 83 32.5% 11:00 AM 17 0 19 47 1 84 32.9% 11:30 AM 19 0 21 49 1 90 35.3% 12:00 PM 14 0 20 44 1 79 31.0% 12:30 PM 12 0 17 45 1 75 29.4% 1:00 PM 15 0 16 44 1 76 29.8% 1:30 PM 16 0 16 48 0 80 31.4% 2:00 PM 12 0 18 50 0 80 31.4% 2:30 PM 17 0 16 50 0 83 32.5% 3:00 PM 20 0 17 46 0 83 32.5% 3:30 PM 18 0 17 43 0 78 30.6% 4:00 PM 19 0 18 42 0 79 31.0% 4:30 PM 19 0 17 40 0 76 29.8% 5:00 PM 16 0 12 33 0 61 23.9% 5:30 PM 8 0 5 18 0 31 12.2% 6:00 PM 7 0 5 14 0 26 10.2% 6:30 PM 4 0 3 11 0 18 7.1% 7:00 PM 4 0 2 9 0 15 5.9% 7:30 PM 3 0 2 5 0 10 3.9% 8:00 PM 2 0 1 4 0 7 2.7% 8:30 PM 3 0 1 4 0 8 3.1% 9:00 PM 1 0 1 2 0 4 1.6% 9:30 PM 1 0 1 1 0 3 1.2% 10:00 PM 0 0 0 1 0 1 0.4% ' Zone location is shown on Exhibit D. During the observed period, there were approximately 23 instances (during the observed time period) where people parked a vehicle in the Bay Corporate Plaza parking lot, and proceeded to leave the site (not using the buildings at the Plaza). Though the vehicles were not parked for the Plaza, they are included in the demand. j:Vkta bles\RK 10346TB. xls JN:2397-2074-01 CC -9 - 82 Appendix E-4 Observed Parking Demand Bay Corporate Plaza''2 Thursday, March 13, 2014 TIME Zone 1' Zone 2' Zone 3' Total Percent Occupied Reg. S Reg. Reg. Totals aces 66 2 91 0 90 6 255 7:30 AM 2 0 0 -- 4 0 6 2.4% 8:00 AM 12 0 2 14 0 28 11.0% 8:30 AM 14 0 7 24 0 45 17.6% 9:00 AM 16 0 8 29 0 53 20.8% 9:30 AM 20 0 11 43 1 75 29.4% 10:00 AM 19 0 11 42 1 73 28.6% 10:30 AM 18 0 10 46 1 75 29.4% 11:00 AM 23 0 12 46 1 82 32.2% 11:30 AM 23 0 13 47 1 84 32.9% 12:00 PM 12 0 14 44 1 71 27.8% 12:30 PM 12 0 11 35 1 59 23.1% 1:00 PM 15 0 10 38 0 63 24.7% 1:30 PM 19 0 15 39 0 73 28.6% 2:00 PM 20 0 15 40 0 75 29.4% 2:30 PM 22 0 17 44 0 83 32.5% 3:00 PM 20 0 15 44 0 79 31.0% 3:30 PM 19 0 16 43 0 78 30.6% 4:00 PM 18 0 16 41 0 75 29.4% 4:30 PM 18 0 16 40 0 74 29.0% 5:00 PM 17 0 16 34 0 67 26.3% 5:30 PM 6 0 7 18 0 31 12.2% 6:00 PM 3 0 5 11 0 19 7.5% 6:30 PM 2 0 5 9 0 16 6.3% 7:00 PM 3 0 2 5 0 10 3.9% 7:30 PM 3 0 2 3 0 8 3.1% 8:00 PM 3 0 2 2 0 7 2.7% 8:30 PM 4 0 1 2 0 7 2.7% 9:00 PM 4 0 1 2 0 7 2.7% 9:30 PM 3 0 1 1 0 5 2.0% 10:00 PM 3 0 1 1 0 5 2.0% ' Zone location is shown on Exhibit D. During the observed period, there were approximately 19 instances (during the observed time period) where people parked a vehicle in the Bay Corporate Plaza parking lot, and proceeded to leave the site (not using the buildings at the Plaza). Though the vehicles were not parked for the Plaza, they are included in the demand. j:Vkta bles\RK 10346TB. xls JN:2397-2014-01 CC -9 - 83 CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE PLANtill� 'C'-"0mkd61645? Application No. UP 2013-023; PA 2013-206 Name of Appellant Mobilitie, LLC or person filing: Phone: 949 999' 5769' Address: 2220 University Drive, Newport Beach, CA 92660 Date of Planning Commission decision: January 23 2014 Regarding application of: Newport Jewish Center for (Description of application filed with Planning Commission) Conditional Use Permit ("CUP") for a synagogue ("Assembly" use) in an OG ("office/general" )..zone. Reasons for Appeal: 1. This is the wrong zone for this use, 2. The traffic and 01 - -•- RRM Md - A�� 0, NWWW*111� findings requi CUP have not been satisfied. See attorney Ross letter dated 1-23-14to th Planning Comission for more details. fzl s lei 1-23-14p to Date Signa 1, ureof ADoellant �* CITY CLERK FOR OFFICE USE ONLY Date Appeal filed and Administrative Fee received: 20 cc: Appe'lant Planning (furnish one set of mailing labels for mailing) File APPEALS: Municipal Code Sec. 20.64.030 (Deposit funds with Cashier in Account #2700-5000) Receipt 41012419.005 Recreation & Senior Services Dept. 100 Civic Center Drive Bay E Newport Beach, CA 92660 Phone: (949) 644-3151 FAX: (949) 644-3155 Email: recreation@newportbeachca.gov DROP-IN CUSTOMER Page 1 of 1 Receipt #1! . i 0, Feb . 201412:01 PM f." " 1. µ o� 5 _ Prepared By: jbattioli Customer ID: 1 Home phone: --, Work phone: -- Payrrter�t Sa�rrary Check: $4,289.00 Check # 080048 Cash. $0 Credit Card: $0 Memo: $0 Account: $0 Gift Certificate: $0 Financial Aid: $0 Total Received: $4,289.00 Total Payments: $4,289.00 Payment Plan: $0 Transactions Customer Description Charge Drop -In Customer CC Planning Commission Appeal $4,289.00 Action: Product Sale Home phone: -- Email: -- ID: 1 Balance $0 Thank you for your choosing Newport Beach Recreation & Senior Services. Please visit us online at www.newportbeachca.gov https: //activenetO01. active. com/cnbreg/servlet/showReceipt. sdi?receiptheader_id=104616... 02/06/2014 _ -1- Barry A. Ross, APC 7700 Irvine Center Drive, #710 Irvine, CA 92618 City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658