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Home My WebLink About4.0 - Medical Office Parking Modification Appeal - PA2013-228CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 3, 2014 Agenda Item No. 4 SUBJECT: Medical Office Parking Modification Appeal - (PA2013 -228) 441 Old Newport Boulevard Modification Permit No. MD2013 -023 APPLICANT: Ocean View Medical Investors, LLC PLANNER: Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan @newportbeachca.gov PROJECT SUMMARY An appeal of the Zoning Administrator's February 13, 2014, decision to approve Modification Permit No. MD2013 -023 by the Secretary of the Planning Commission. The Modification Permit would allow a combination of vehicle lifts, tandem parking spaces, surface parking spaces and valet parking to accommodate the 56 minimum required parking spaces for a proposed medical office use in an existing office building. A semi - enclosed carport structure would be located on the northerly property line and would have spaces for 11 vehicle lifts (22 parking spaces.) Valet parking would be provided during normal business hours to ensure effective use of the vehicles lifts and tandem spaces. RECOMMENDATION Conduct a de novo public hearing and uphold or reverse the Zoning Administrator's decision by: 1. Finding that the project is exempt under Section 15303 of the State CEQA (California Environmental Quality Act) Guidelines — Class 3 (New Construction or Conversion of Small Structures) and adopt the draft resolution for approval to uphold the Zoning Administrator's decision and approve Modification Permit No. MD2013 -023 (Attachment No. PC 1); or 2. Adopting the draft resolution for denial to reverse the Zoning Administrator's decision (Attachment No. PC 2). Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the CEQA Guidelines. 1 Medical Office Parking Modification Appeal April 3, 2014 Page 2 LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE General Commercial Office CO -G Office General (OG) Vacant General Office NORTH CO -G OG Vacant Restaurant SOUTH CO -G L OG Existing Office EAST CO -G I OG I Existing Residential WEST N/A N/A I Overlooks Newport Blvd. 2 Medical Office Parking Modification Appeal April 3, 2014 Page 3 INTRODUCTION Project Setting The subject commercial property is located north of Hospital Road on Old Newport Boulevard. The site is approximately 23,080 square feet and is developed with an 11,540- square -foot building formally occupied by general office uses that is currently being renovated. The rear of the property overlooks Newport Boulevard. The property to the north is developed with a vacant restaurant and accessory building. The property to the south is developed with a commercial office building and a freestanding commercial retail building. Directly across Old Newport Boulevard, to the east, is a mix of homes on commercially zoned lots and general commercial and office buildings. Background Zoning Administrator Hearing and Decision On February 13, 2014, the Zoning Administrator conducted a public hearing and reviewed the applicant's request. One member of the public had questions about the project and its relationship to a previous request to utilize off -site parking, which was denied by the City Council. The Zoning Administrator clarified that this is a new project unrelated to the previously proposed off -site parking application, and that the Zoning Code requires the approval of a Modification Permit for any deviation from access to parking such as valet parking, tandem parking, and the vehicle lifts. Another member of the public had questions regarding the square footage of the existing office building, and he asked the Zoning Administrator to focus on the aesthetics of this project, and how it will affect all of Old Newport Boulevard. The Zoning Administrator closed the public hearing and discussed the importance of the parking management plan and the aesthetics of the vehicle lifts to make this project viable. It was clarified that the existing office building's square footage complied with the 0.5 floor area ratio limit and was being verified through the building permit process. The Zoning Administrator also explained that her research and discussion with a parking consultant concluded that the vehicle lifts can be successfully used with the implementation of a good parking management plan that is properly executed and maintained. The Zoning Administrator's resolution for approval included the following conditions of approval intended to ensure the long -term maintenance, usability, and appearance of the vehicle lifts: • The employees shall utilize the vehicles lifts first. • The entire parking lot shall be valet parked unless self parking is requested by customer for surface parking spots. 3 Medical Office Parking Modification Appeal April 3, 2014 Page 4 • Final valet parking management required to be reviewed and approved by the City Traffic Engineer and Community Development Director. • Annual monitoring reports required to be submitted to the City on parking demand, availability, and maintenance issues with vehicle lifts. • If building is converted to condominiums, the valet parking management plan is required to be part of the CC and Rs. • If carport structure and vehicle lifts become inoperable, they are required to be removed, and the eliminated parking spaces required to be replaced or the medical uses be reduced to occupy no more than 20 percent of net floor area of the entire building within one year. • Landscape plan to include proper screening including a larger area in front of carport structure adjacent to Old Newport Boulevard and an assessment of the construction impacts to existing Ficus trees, which will be reviewed and approved by the Community Development Director and the City Urban Forester. • A materials and colors board is required to be reviewed and approved by the Community Development Director prior to the issuance of building permits. See Attachment No. PC 3 for the final Resolution and the minutes from the February 13, 2014, Zoning Administrator hearing. Appeal of the Zoning Administrator Decision On February 21, 2014, Planning Commissioner Kory Kramer filed an appeal of the Zoning Administrator's decision (Attachment No. PC 4). The appellant believes that given the history of the subject property and the skepticism about the effectiveness of using the vehicle lifts, that this decision should be made by a panel of community members such as the Planning Commission and not the Zoning Administrator. The history includes a previous request made by the applicant for a conditional use permit to utilize off -site parking on the abutting property to gain the additional parking required for the medical office. The Planning Commission denied this request and the applicant appealed it to City Council where it was also denied due to the inability to make the required findings for a conditional use permit. The primary point of contention was the uncertainty of the exclusive use of the off -site parking. The staff report from the February 13, 2014, Zoning Administrator hearing is provided in Attachment No. PC 5 and includes a detailed discussion and analysis of the proposed project. Additional correspondence provided prior to and at the meeting including the draft parking management plan provided by the applicant are found in Attachment No. PC 6. 4 Medical Office Parking Modification Appeal April 3, 2014 Page 5 Pursuant to Section 20.64.030 of the Zoning Code, a public hearing on an appeal is conducted "de novo ", meaning that it is a new hearing and the prior decision to approve the application by the Zoning Administrator has no force or effect. The Planning Commission is also not bound by the Zoning Administrator's decision, and it is not limited to the issues raised on appeal. On review, the Planning Commission may sustain or reverse the decision. The Planning Commission's decision is appealable to the City Council. The Planning Commission may also remand the matter to the Zoning Administrator for further consideration, which remand shall include either specific issues to be considered or a direction for a new hearing. Environmental Review The project is categorically exempt under Section 15303 of the State CEQA (California Environmental Quality Act) Guidelines — Class 3 (New Construction or Conversion of Small Structures). The project consists of a semi - enclosed parking structure for 22 vehicles and has an overall footprint of approximately 2,500 square feet. The Class 3 exemption allows for the construction of commercial buildings up to 10,000 square feet in size and for the construction of accessory structures. Should the Planning Commission 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. 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: Melinda Whelan Assistant Planner Submitted by: Kimberly Brand , AICP Director 0 Medical Office Parking Modification Appeal April 3, 2014 Page 6 ATTACHMENTS PC 1 Draft Resolution for Approval PC 2 Draft Resolution for Denial PC 3 Zoning Administrator Resolution No. ZA2014 -007 and Minutes PC 4 Appeal Filed PC 5 February 13, 2014 Zoning Administrator Staff Report Including Plans PC 6 Correspondence from ZA hearing 0 Attachment No. PC 1 Draft Resolution for Approval 7 INTENTIONALLY BLANK PAGE I RESOLUTION NO. # ### A RESOLUTION OF THE PLANNING OF THE CITY OF NEWPORT BEACH TO UPHOLD THE ZONING ADMINISTRATOR'S DECISION APPROVING MODIFICATION PERMIT NO. MD2013 -023 TO ALLOW THE USE OF VEHICLE LIFTS AND TANDEM SPACES TO ACCOMMODATE A PORTION OF THE 56 REQUIRED PARKING SPACES FOR A MEDICAL OFFICE BUILDING LOCATED AT 441 OLD NEWPORT BOULEVARD (PA2013 -228) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Ocean View Medical Investors, with respect to property located at 441 Old Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 80 -719, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 163, Pages 31 and 32 of Parcel Maps in the office of the Orange County Recorder requesting approval of a conditional use permit. 2. The applicant proposes applicant requests a modification permit request to utilize a combination of vehicle lifts, tandem parking spaces, surface parking spaces and valet parking to accommodate the 56 minimum required parking spaces for a proposed medical office use in an existing office building. A semi - enclosed carport structure is proposed to be located on the northerly property line and will have spaces for 11 vehicle lifts (22 parking spaces.) Valet parking will be provided during normal business hours to ensure effective use of the vehicles lifts and tandem spaces. 3. The subject property is 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 not located within the coastal zone. 5. A public hearing was held on February 13, 2014, in the Corona del Mar Conference Room (Bay E -1st Floor) 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 Zoning Administrator at this meeting. 6. At the February 13, 2014, meeting the Zoning Administrator approved the application request pursuant to Resolution No. 1892. 7. On February 21, 2104, Planning Commissioner Kramer appealed the decision of the Zoning Administrator. I Planning Commission Resolution No. # # ## Page 2 of 9 8. A public hearing was held on April 3, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. 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 requirements of the California Environmental Quality Act Guidelines under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption allows for the construction of commercial buildings up to 10,000 square feet in size and for the construction of accessory structures. The project consists of a semi - enclosed parking structure for 11 vehicle lifts (22 parking spaces) and has an overall footprint of approximately 2,200 square feet. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (Modification Permits — Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Findinq: A -1. The existing office building was originally constructed in 1981 and the owner is nearing completion of interior and exterior alterations and renovations. 45 parking spaces are currently provided on site. A -2. Old Newport Boulevard is developed with a mix of commercial, office and service uses. Office buildings in the area are developed with a mix of surface parking lots and podium parking. A -3 The proposed carport structure will be screened from neighboring properties and Old Newport Boulevard by existing and new trees and shrubs. Additionally, the front fagade of the parking structure has been designed to be architecturally compatible with the recently renovated office building. A -4 Valet and tandem parking arrangements for office, restaurant and commercial buildings is used at developments /businesses within the City. When operated according to an approved valet plan and by a professional valet service, valet parking 10 -15 -2013 10 Planning Commission Resolution No. # ### Page 3 of 9 has proven a proficient way to maximize parking efficiency and on -site parking demand. A -5 Access to the site and the off -site parking is from Old Newport Boulevard and has been determined to be adequate for the use and is compatible with the other commercial lots in the area. Finding: B. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, andlor characteristics of the use. Facts in Support of Finding: B -1 The existing office building and parking lot were originally developed in 1981. The existing surface parking lot design provides 45 parking spaces. Due to the lot size, width and depth, additional surface parking spaces cannot be provided. B -2 The additional parking requirements for a medical office use necessitates the need for additional parking. B -3 Although parking and retrieving vehicles from the lifts may take longer than if surface parking is used, employees of the offices will be required to utilize the lifts to help alleviate prolonged waiting time for customers and clients of the medical offices. Finding: C. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: C -1 The available on -site area to provide parking has been maximized and can accommodate a maximum of 56 parking spaces while still providing parking lot landscaping. C -2 The request meets the intent of the Code by providing the required number of parking spaces on site without the need to use off -site parking spaces. Finding: D. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. 10 -15 -2013 Planning Commission Resolution No. # # ## Paqe 4 of 9 Facts in Support of Finding: D -1 An alternate solution would be to construct a parking structure or subterranean parking. Both of those options would require a significant change to the scope of work and may result in a structure with undesirable build, bulk, or scale. D -2 No changes to ingress or egress from the site is proposed and the on -site circulation is not expected to be impacted by the uses of the eleven vehicle lifts and tandem valet parking. Finding: E. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: E -1 The parking lot has been reviewed for adequate access and circulation for use by employees, patrons and access by emergency vehicles. E -2 Prior to implementation of the proposed project and occupying the existing general office building with more than 20 percent of existing floor area with medical office floor a valet parking management plan is required to be reviewed and approved by the Public Works Department and Community Development. E -3 Conditions of approval have been included with this resolution to ensure fire services and utilities are protected in place SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Modification Permit No. MD2013 -023, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3'd DAY OF APRIL, 2014. AYES: 10 -15 -2013 12 NOES: ABSTAIN: ABSENT: BY: As Michael Toerge, Chairman Fred Ameri, Secretary Planning Commission Resolution No. # ### Paqe 5 of 9 10 -15 -2013 2� Planning Commission Resolution No. # # ## Paqe 6 of 9 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. This Modification Permit may be modified or revoked by the Planning Commission if determined that the proposed vehicle lifts, valet parking management plan, tandem parking or conditions under which it is being operated or maintained are 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. 4. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 5. 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 and valet parking management plan by either the current business owner, property owner or the leasing agent. 6. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 7. 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. 8. Trash pick -up for shall be scheduled outside of regular business hours because a required parking space blocks access to the trash enclosure. 9. The roof of the vehicle lift shall be concrete or another solid roof material, not the metal roof as depicted on the plans. The roof design and type of construction is subject to the review and approval by the Community Development Director prior to the issuance of building permits. 10 -15 -2013 14 Planning Commission Resolution No. # # ## Paqe 7 of 9 10. During regular business hours, employees of the office building are required to park in the carport structure unless all 22 spaces are occupied upon their arrival. 11. Prior to the issuance of certificates of occupancy for medical office uses exceeding 20 percent of the net floor area, the building permits shall be inspected and given final approval by the City, and the vehicle lifts shall be fully operational. 12. Prior to the issuance of certificates of occupancy for medical office uses, a valet parking management plan must be approved by the Traffic Engineer and Community Development Director. The valet parking management plan shall include signage, pick- up /drop off location(s), hours of operation. 13. The entire parking lot (surface spaces, tandem spaces, and vehicle lift spaces) shall be valet parked during business hours, unless self parking is requested by a customer for the surface parking spots. 14. Annual monitoring reports shall be prepared and submitted to the City. The first report will be during 12 months after the commencement of use of the valet plan and vehicle lifts. The report shall include average daily parking demand and space occupancy and maintenance log that identifies how many days the vehicle lifts were not available due to maintenance issues. 15. A landscaping plan shall be included in the construction drawings to show proper screening of the carport structure including evaluation of a larger landscape area in front of the vehicle lift adjacent to Old Newport Boulevard and assessment of the impacts of the solid plaster wall to the existing Ficus trees which shall be reviewed and approved by the Community Development Department and the City Urban Forester. 16. In the future, if the building is converted to condominiums the valet parking management plans shall be part of the Conditions Covenants and Restrictions (CC and Rs). 17. Should the carport structure and the vehicle lifts become inoperable, they shall be removed from the property and any eliminated parking spaces shall be replaced or the medical office uses shall be reduced to occupy no more than 20 percent of net floor area of the building within a one -year period. 18. Prior to issuance of building permits, a materials and colors board shall be submitted to the Community Development Department for review and approval. 19. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 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, 10 -15 -2013 Planning Commission Resolution No. # ### Page 8 of 9 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 441 Old Newport Parking Modification Permit including, but not limited to MD2013 -023 (PA2013 -228). 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. PUBLIC WORKS /UTIILITIES 1. All improvements shall be constructed as required by Ordinance and the Public Works Department. 2. Reconstruct all existing broken and /or otherwise damaged concrete sidewalk panels, driveway approaches and curb and gutter along the Old Newport Boulevard frontage. 3. All existing drainage facilities in the public right -of -way, including the existing curb drains along Old Newport Boulevard frontage shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. 4. An encroachment permit is required for all work activities within the public right -of -way. 5. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 6. All on -site drainage shall comply with the latest City Water Quality requirements. 7. Parking spaces and drive aisles shall be per City Standards STD - 805 -L -A and STD -805- L-B. unless otherwise shown on the approved plans to accommodate the vehicle lifts and tandem spaces. 8. The existing private trees along the Old Newport Boulevard frontage on 441 Old Newport Boulevard are overgrown into power lines and adjacent property. These trees shall be trimmed back behind the property line at all times or removed. 9. The hedge along the north property line of 441 Old Newport Boulevard is encroaching into the Old Newport Boulevard public right -of- way /sidewalk. This hedge shall be trimmed back behind the property line at all times. 10 -15 -2013 10 Planning Commission Resolution No. # ### Page 9 of 9 10. The applicant is responsible for all upgrades to the City's utilities as required to fulfill the project's demand, if applicable. 11. New and existing fire services shall be protected by a City- approved double -check detector assembly and installed per STD - 517 -L. 12. New and existing commercial domestic water and landscaping meter(s) shall be protected by a City- approved reduced pressure backflow assembly and installed per STD - 520 -L -A. 13.All traffic signage shall comply with the current California Manual of Uniform Traffic Control Devices. All traffic striping shall comply with the current Caltrans standard plans. 14. Parking layout and circulation at 441 Old Newport Boulevard is subject to approval by the City Traffic Engineer prior to permit issuance for the medical use and parking lot. BUILDING DIVISION 1. A geotechnical report is required at time of plan check submittal. 2. Exterior walls within 10 feet of the property line are required to have a one -hour fire resistive rating. 3. A 30 -inch high parapet wall is required for fire -rated exterior walls. 4. Class A roof material is required for the carport structure. 10 -15 -2013 z7 INTENTIONALLY BLANK PAGE 12 Attachment No. PC 2 Draft Resolution for Denial 19 INTENTIONALLY BLANK PAGE 20 RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING OF THE CITY OF NEWPORT BEACH TO REVERSE THE ZONING ADMINISTRATOR'S DECISION DENYING MODIFICATION PERMIT NO. MD2013 -023 TO ALLOW THE USE OF VEHICLE LIFTS AND TANDEM SPACES TO ACCOMMODATE A PORTION OF THE 56 REQUIRED PARKING SPACES FOR A MEDICAL OFFICE BUILDING LOCATED AT 441 OLD NEWPORT BOULEVARD (PA2013 -228) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ocean View Medical Investors, with respect to property located at 441 Old Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 80 -719, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 163, Pages 31 and 32 of Parcel Maps in the office of the Orange County Recorder requesting approval of a conditional use permit. 2. The applicant proposes applicant requests a modification permit request to utilize a combination of vehicle lifts, tandem parking spaces, surface parking spaces and valet parking to accommodate the 56 minimum required parking spaces for a proposed medical office use in an existing office building. A semi - enclosed carport structure is proposed to be located on the northerly property line and will have spaces for 11 vehicle lifts (22 parking spaces.) Valet parking will be provided during normal business hours to ensure effective use of the vehicles lifts and tandem spaces. 3. The subject property is 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 not located within the coastal zone. 5. A public hearing was held on February 13, 2014, in the Corona del Mar Conference Room (Bay E -1st Floor) 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 Zoning Administrator at this meeting. 6. At the February 13, 2014, meeting the Zoning Administrator approved the application request pursuant to Resolution No. 1892. 7. On February 21, 2104, Planning Commissioner Kramer appealed the decision of the Zoning Administrator. 21 Planning Commission Resolution No. P a q e 2 of _ 2 8. A public hearing was held on April 3, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In this case, the Planning Commission was unable to make the required findings. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby denies Modification Permit No. MD2013 -023. 2. This action shall become final and effective fourteen 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 3RD DAY OF APRIL, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Brad Hilgren, Chairman M Kory Kramer, Secretary Tmplt: 12/15/2011 22 Attachment No. PC 3 Zoning Administrator Resolution No. ZA2014 -007 and Minutes 23 INTENTIONALLY BLANK PAGE 24 RESOLUTION NO. ZA2014 -007 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -023 TO ALLOW THE USE OF VEHICLE LIFTS AND TANDEM SPACES TO ACCOMMODATE A PORTION OF THE 56 REQUIRED PARKING SPACES FOR A MEDICAL OFFICE BUILDING LOCATED AT 441 OLD NEWPORT BOULEVARD (PA2013 -228) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ocean View Medical Investors, with respect to property located at 441 Old Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 80 -719, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 163, Pages 31 and 32 of Parcel Maps in the office of the Orange County Recorder requesting approval of a conditional use permit. 2. 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). 3. The applicant requests a modification permit request to utilize a combination of vehicle lifts, tandem parking spaces, surface parking spaces and valet parking to accommodate the 56 minimum required parking spaces for a proposed medical office use in an existing office building. A semi - enclosed carport structure is proposed to be located on the northerly property line and will have spaces for eleven vehicle lifts (22 parking spaces.) Valet parking will be provided during normal business hours to ensure effective use of the vehicles lifts and tandem spaces. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 13, 2014, in the Corona del Mar Conference Room (Bay E -1st Floor) 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 Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to the requirements of the California Environmental Quality Act Guidelines under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption allows for the construction of commercial buildings up to 10,000 square feet in size and for the construction of accessory structures. The project 25 Zoning Administrator Resolution No. ZA2014 -007 Paqe 2 of 8 consists of a semi - enclosed parking structure for 11 vehicles and has an overall footprint of approximately 2,200 square feet. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (Modification Permits — Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: A -1. The existing office building was originally constructed in 1981 and the owner is nearing completion of interior and exterior alterations and renovations. 45 parking spaces are currently provided on site. A -2. Old Newport Boulevard is developed with a mix of commercial, office and service uses. Office buildings in the area are developed with a mix of surface parking lots and podium parking. A -3 The proposed carport structure will be screened from neighboring properties and Old Newport Boulevard by existing and new trees and shrubs. Additionally, the front fagade of the parking structure has been designed to be architecturally compatible with the recently renovated office building. A -4 Valet and tandem parking arrangements for office, restaurant and commercial buildings is used at developments /businesses within the City. When operated according to an approved valet plan and by a professional valet service, valet parking has proven a proficient way to maximize parking efficiency and on -site parking demand. A -5 Access to the site and the off -site parking is from Old Newport Boulevard and has been determined to be adequate for the use and is compatible with the other commercial lots in the area. Finding: B. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or characteristics of the use. 20 Zoning Administrator Resolution No. ZA2014 -007 Paqe 3 of 8 Facts in Support of Finding: B -1 The existing office building and parking lot were originally developed in 1981. The existing surface parking lot design provides 45 parking spaces. Due to the lot size, width and depth, additional surface parking spaces cannot be provided. B -2 The additional parking requirements for a medical office use necessitates the need for additional parking. B -3 Although parking and retrieving vehicles from the lifts may take longer than if surface parking is used, employees of the offices will be required to utilize the lifts to help alleviate prolonged waiting time for customers and clients of the medical offices. Finding: C. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: C -1 The available on -site area to provide parking has been maximized and can accommodate a maximum of 56 parking spaces while still providing some parking lot landscaping. C -2 The request meets the intent of the Code by providing the required number of parking spaces on -site without the need to use off -site parking spaces. Finding: D. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: D -1 An alternate solution would be to construct a parking structure or subterranean parking. Both of those options would require a significant change to the scope of work and may result in a structure with undesirable build, bulk, or scale. D -2 No changes to ingress or egress from the site is proposed and the on -site circulation is not expected to be impacted by the uses of the eleven vehicle lifts and tandem valet parking. 27 Zoning Administrator Resolution No. ZA2014 -007 Paqe 4 of 8 Finding: E. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: E -1 The parking lot has been reviewed for adequate access and circulation for use by employees, patrons and access by emergency vehicles. E -2 Prior to implementation of the proposed project and occupying the existing general office building with more than 20% of existing floor area with medical office floor a valet parking management plan is required to be reviewed and approaved by the Public Works Department and Community Development. E -3 Conditions of approval have been included with this resolution to ensure fire services and utilities are protected in place. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -023, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY, 2014. In 22 Zoning Administrator Resolution No. ZA2014 -007 Paqe 5 of 8 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. This Modification Permit may be modified or revoked by the Zoning Administrator if determined that the proposed vehicle lifts, valet parking management plan, tandem parking 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. 4. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and Feld sets of plans prior to issuance of the building permits. 5. 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 and valet parking management plan by either the current business owner, property owner or the leasing agent. 6. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 7. 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. 8. Trash pick -up for shall be scheduled outside of regular business hours because a required parking space blocks access to the trash enclosure. 9. The roof of the vehicle lift shall be concrete or another solid roof material, not the metal roof as depicted on the plans. The roof design and type of construction is subject to the review and approval by the Community Development Director prior to the issuance of building permits. 29 Zoning Administrator Resolution No. ZA2014 -007 Paqe 6 of 8 10. During regular business hours, employees of the office building are required to use the vehicle lifts unless the lifts are full upon their arrival. 11. Prior to the issuance of certificates of occupancy for medical office uses exceeding 20 percent of the net floor area, the vehicle lifts shall be fully operational. 12. Prior to the issuance of certificates of occupancy for medical office uses, a valet parking management plan must be approved by the Traffic Engineer and Community Development Director. The valet parking management plan shall include signage, pick- up /drop off location(s), hours of operation. 13. The entire parking lots (surface spaces, tandem spaces, vehicle lift spaces) shall be valet parked during business hours unless self parking is requested by a customer for the surface parking spots. 14. Annual monitoring reports shall be prepared and submitted to the City. The first report will be during 12 months after the commencement of use of the valet plan and vehicle lifts. The report shall include average daily parking demand and space occupancy and maintenance log that identifies how many days the vehicle lifts were not available due to maintenance issues. 15. A landscaping plan shall be included in the construction drawings to show proper screening of the carport structure including evaluation of a larger landscape area in front of the vehicle lift adjacent to Old Newport Boulevard and assessment of the impacts of the solid plaster wall to the existing Ficus trees which shall be reviewed and approved by the Community Development Department and the City Urban Forester. 16. In the future, if the building is converted to condominiums the valet parking management plans shall be part of the Conditions Covenants and Restrictions (CCRs). 17. Should the carport structure become inoperable it shall be removed from the property and all eliminated parking spaces shall be replaced or the uses shall be reduced to occupy no more than 20 percent of net floor area with medical office within a one -year period. 18. Prior to issuance of building permits, a materials and colors board shall be submitted to the Community Development Department for review and approval. 19. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 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, 30 Zoning Administrator Resolution No. ZA2014 -007 Paqe 7 of 8 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 441 Old Newport Parking Modification Permit including, but not limited to MD2013 -023 (PA2013 -228). 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. PUBLIC WORKS /UTIILITIES 1. All improvements shall be constructed as required by Ordinance and the Public Works Department. 2. Reconstruct all existing broken and /or otherwise damaged concrete sidewalk panels, driveway approaches and curb and gutter along the Old Newport Boulevard frontage. 3. All existing drainage facilities in the public right -of -way, including the existing curb drains along Old Newport Boulevard frontage shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. 4. An encroachment permit is required for all work activities within the public right -of -way. 5. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 6. All on -site drainage shall comply with the latest City Water Quality requirements. 7. Parking spaces and drive aisles shall be per City Standards STD - 805 -L -A and STD -805- L-B. unless otherwise shown on the approved plans to accommodate the vehicle lifts and tandem spaces. 8. The existing private trees along the Old Newport Boulevard frontage on 441 Old Newport Boulevard are overgrown into power lines and adjacent property. These trees shall be trimmed back behind the property line at all times or removed. 9. The hedge along the north property line of 441 Old Newport Boulevard is encroaching into the Old Newport Boulevard public right -of- way /sidewalk. This hedge shall be trimmed back behind the property line at all times. 31 Zoning Administrator Resolution No. ZA2014 -007 Paqe 8 of 8 10. The applicant is responsible for all upgrades to the City's utilities as required to fulfill the project's demand, if applicable. 11. New and existing fire services shall be protected by a City- approved double -check detector assembly and installed per STD - 517 -L. 12. New and existing commercial domestic water and landscaping meter(s) shall be protected by a City- approved reduced pressure backflow assembly and installed per STD - 520 -L -A. 13. All traffic signage shall comply with the current California Manual of Uniform Traffic Control Devices. All traffic striping shall comply with the current Caltrans standard plans. 14. Parking layout and circulation at 441 Old Newport Boulevard is subject to approval by the City Traffic Engineer prior to permit issuance for the medical use and parking lot. BUILDING DIVISION 1. A geotechnical report is required at time of plan check submittal. 2. Exterior walls within 10 feet of the property line are required to have a one hour fire resistive rating. 3. A 30 -inch high parapet wall is required for fire rated exterior walls. 4. Class A roof material is required for the carport structure. 32 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 01/30/2014 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, January 30, 2014 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER — The meeting was called to order at 3:30 p.m. Staff Present: Brenda Wisneski, Zoning Administrator Benjamin M. Zdeba, Assistant Planner B. MINUTES of January 16, 2014 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 Katayama Tentative Parcel Map No. NP2013 -031 (PA2013 -239) 306 and 308 Old Newport Boulevard CD 2 Benjamin Zdeba, Assistant Planner, provided a brief project description stating that the Tentative Parcel Map was for a commercial property currently developed with two smaller buildings separated by a shared parking area. He further stated that the property is comprised of one full, 60- foot -wide legal lot and 45.10 feet of the abutting lot. It was noted that the re- subdivision would comply with the minimum requirements for a new subdivision prescribed in Zoning Code Section 20.20.030 and that no alterations were being proposed to the commercial buildings as part of the proposal. In response to written public comments, Mr. Zdeba clarified that there was a previous parcel map for the southerly adjacent property which took 14.90 feet from one of the subject lots, leaving the remainder of 45.10 feet. Applicant's representative Daryl Christian of Christian Land Services on behalf of the Owner stated that he had reviewed the draft resolution and the required conditions. He added that the reason for the Tentative Parcel Map was to re- subdivide the property into two separate parcels to be sold separately. Mr. Christian requested clarification on draft Condition of Approval number 11 which referenced "Marigold Avenue ". Staff clarified the inclusion of Marigold Avenue was an error and the correct Condition of Approval was already included as number 9. The Zoning Administrator opened the public hearing. One member of the public, Mr. Jim Mosher, stated the depth quoted in the draft resolution was incorrect, discussed the changes made to the southerly adjacent property, and expressed confusion relative to the distinction terms "parcel" and "lot ". Mr. Christian provided clarification that lots result from an original tract map whereas parcels are created and comprised of lots and /or portions of lots by way of a parcel map and clarified the scope of the project. Zoning Administrator Wisneski asked whether or not the parking would still comply on the property. Staff indicated the parking situation would remain unchanged and would still comply. Seeing no other persons from the public wishing to comment, Zoning Administrator Wisneski closed the public hearing and acted to approve the item as submitted with the omission of Condition of Approval number 11. Action: Approved Page 1 of 2 33 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 01/30/2014 D. PUBLIC COMMENTS ON NON - AGENDA ITEMS A member of the public, Mr. Jim Mosher, stated that the Zoning Code states that City projects need to be consistent with the Zoning Code unless City Council waives it with a resolution and that he has never seen a City project receive a resolution of waiver through the Zoning Administrator. Because of this, Mr. Mosher is curious as to whether or not the Planning Division routinely reviews the City's own public works projects to see if they are in any way requiring modification or variance from zoning codes. Zoning Administrator Wisneski explained that the Zoning Administrator does not review capital improvement projects in public rights -of -way because that is not a zoning issue. Mr. Mosher gave an example of a bathroom being built in a park to which Ms. Wisneski responded that Planning does review those and they require discretionary review at times. Additionally Planning conducts CEQA review on those projects. Mr. Jim Mosher also commented that some residential projects that go to the Zoning Administrator go on to Coastal Commission for further approval and are perhaps given an Approval in Concept (AIC) or a statement that they qualify for a categorical exclusion. He explained that the categorical exclusion says they have to comply with the 1976 version of the zoning code to qualify for the exclusion. He went on to ask whether or not anybody checks for compliance with the 1976 building code before sending in the categorical exclusion after it goes through Zoning Administrator. Zoning Administrator Wisneski stated that as far as categorical exclusions, she believes that categorical exclusions incorporate the necessary development standards that were reflective of the 1976 zoning code because it talks about parking requirements and density; therefore, she believes that by following the categorical exclusion, they are then referring to the 1976 standards. �t1r1tI6111N011 J1:1:1I The hearing was adjourned at 3:47 p.m. The agenda for the Zoning Administrator Hearing was posted on January 24, 2014, at 2:30 p.m. in the Chambers binder and on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on January 24, 2014, at 2:45 p.m.. Zoning Administrator Page 2 of 2 S4 Attachment No. PC 4 Appeal Filed 35 INTENTIONALLY BLANK PAGE tiF,w_'rok> a a '11F0 Appeal Application Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 Newport Beach, CA 92658 -8915 (949)644 -3204 Telephone / (949)644 -3229 Facsimile www.newportbeachca.gov Application to appeal the decision of the Appellant Information: Name(s): K6 Date Appeal Filed: Fee Received: Received by: P< Zoning Administrator ❑ Planning Director ❑ Hearing Officer ❑ Flood Plain Administrator ❑ Other — P144cptitoj 1 CowK�iSSi o �.! /," D BY V4 GOP+h,�N\ FEg �'1,L��F1 s DE�E�01?1\01 Address: /00 cr1/V__ e_4 —rva 0 'DV • 'OFNEN City /State /Zip: r/t dzr--17- IBc'il , c rl� a Z�Sg �3q I S Phone: Appealing Application Regarding: Fax: Email: Name of Applicant: X401"-1- 01/ Date of Decision: V1 -3 Project No. (PA): ZC Activity No.: M 0 10/J Site Address: qq I ©e0 N_ w✓��° -� Description: /-,f 6L4E5T 77 aA) r7 ?C f/F ///C' E- Li��S T�r✓OE.n �/X!cK.�✓6 Sl"tGf�c,f B/g2 -�Ca ✓(, f1w0 !/'fC GT 77 o4e"-W_ 77-/'6 5 G n! /�✓,�u�. 0 42/) 10VI- f1714 --n— OG6! c!c arP Reason(s) for Appeal (attach a separate sheet if necessary): o+yptc Z: 16« !) jd;� WA 'o-' - - Along with application, please submit the following: Twelve (12) 11x17 sets of the project plans One set of mailing labels (on Avery 5960 labels) for all property owners within a 300 -foot radius, excluding intervening right -of -ways and waterways, of the subject site. Signature of Appellant: z T I,-I I1� 03/11/13 S Kory Kramer From: Kory Kramer Sent: Friday, February 21, 2014 9:25 AM To: Kory Kramer Subject: Fwd: A Zoning Administrator decision that needs to be appealed for more careful review? Sent from my iPhone Begin forwarded message: From: Jim Mosher <iimmosher@vahoo.com> Date: February 20, 2014 at 8:31:54 PM PST To: Bradley Hillgren <BHillgren(aodes.com >, "tuckernagtpcenters.com" <tucker (a)Atpcenters.com>, IMINIONMEMW Fred Ameri <ameri(@rbf com >, "tim- brownOsbc obal.net" <tim- brownAsbcelobal.net>, "ray.lawler(@,hines.com" <ray.lawler0jhines.com >, "ja3myers5 ,cox.net° <javmvers5@cox net> Subject: A Zoning Administrator decision that needs to be appealed for more careful revlew? Reply -To: Jim Mosher <jimmosheravahoo com> Friends, A week ago today, on February 13, yet another proposal, this time a Modification Permit, to solve the medical office building parking problem at 441 Old Newport Boulevard came before the Zoning Administrator, and was approved by Deputy Community Development Director Brenda Wisneski — a decision you may wish to consider appealing !o the Planning Commission for the reasons enumerated below. The approved variation solves the parking problem at 441 Old Newport by adding to the surface lot a partially screened "carport structure" in which mechanical lifts would be used to stack cars vertically. The February 13 staff report failed to mention the troubled history of this project, in which a problematic off -site parking plan had been rejected by the Planning. Commission on September B 2012, appealed to the City Council on March 26. 2013, where it was referred back to, and again rejected by the Planning Commission on April 18. 2013, and finally again appealed to, and rejected by, the City Council on May 14, 2013. At the February 13 Zoning Administrator hearing, the planner justified the lack of context by saying the rejected plans had all involved off -site parking, and the possibility of solving the problem with lifts was a new idea that had not previously been considered by either the Planning Commission or the City Council. That statement appears factually incorrect, for an illustration of the applicant's fall -back possibility of using lifts was presented to the Council on May 14 and Councilman Selich questioned whether such a plan could be made consistent with the code and even if it could, whether it would be aesthetically pleasing in the long term. The 441 Old Newport applicant, John Bral, also said at the February 13 hearing that mechanical lifts had previously been approved to solve the commercial parking problem at Mariner's Pointe. I have been unable to verify that, and to the contrary, the only plans I have seen show a handful of valet and employee - parked tandem spaces on the upper floor of an otherwise conventional parking structure. S2 The Zoning Administrator's conclusion that, as conditioned by her, mechanical lifts could provide a tasteful and workable solution may well be correct, however it seems to me to be a rather radical departure from our community norms, and something well beyond the Intended discretion given to the Zoning Administrator to approve deviations from the expected "Size or location of parking spaces, access to parking spaces, and landscaping within parking areas" through a Modification Permit as contemplated in NBMC 20.52.050.B.3.d. As evidence of this, Brion Jeannette, a respected local architect, testified at the Zoning Administrator hearing, both orally and in writing, that he did not think the proposal was aesthetically pleasing, nor a good precedent either for Old Newport Boulevard or for Newport Beach In general. Given the tortured history of this application, the skepticism about lifts and the precedent this decision may set, it seems to me that the question of whether stacking cars vertically Is an acceptable solution to commercial parking deficiencies in Newport Beach Is a decision that should be made by a panel of community members — that Is, by the Planning Commission or the Council — and not left to the sensibilities of a single paid staff member to review an unusual staff- recommended solution. In my view, this is a case in which the Zoning Administrator should have exercised the authority given her In NBMC 20.52.050.F.3.2 to refer problematic Modification Permit requests to the Planning Commission. Since the Zoning Administrator did not do this, I would like to suggest that one or more of the Planning Commissioners consider filing an appeal so that the matter may be properly reviewed by a properly constituted citizens panel. Only in that way can we be sure the Zoning Code is being properly interpreted and properly serving the Interests of the citizens who created it to serve them. Yours sincerely, Jim Mosher 3J° INTENTIONALLY BLANK PAGE 40 Attachment No. PC 5 February 13, 2014 Zoning Administrator Staff Report Including Plans 41 INTENTIONALLY BLANK PAGE 42 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915 (949) 644 -3200 Fax: (949) 644 -3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT February 13, 2014 Agenda Item No. 3 SUBJECT: Medical Office Parking Modification- (PA2013 -228) 441 Old Newport Boulevard Modification Permit No. MD2013 -023 APPLICANT: Ocean View Medical Investors, LLC. PLANNER: Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN • Zone: OG (Office General) • General Plan: CO -G (General Commercial Office) PROJECT SUMMARY A Modification Permit request to utilize a combination of vehicle lifts, tandem parking spaces, surface parking spaces and valet parking to accommodate the 56 minimum required parking spaces for a proposed medical office use in an existing office building. A semi - enclosed carport structure is proposed to be located on the northerly property line and will have spaces for eleven vehichle lifts (22 parking spaces.) Valet parking will be provided during normal business hours to ensure effective use of the vehicles lifts and tandem spaces. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit No. MD2013 -023 No. (Attachment No. ZA 1). 43 Medical Office Parking Modification February 13, 2014 Page 2 • The subject property is currently developed with an 11,540 square foot office building that has recently been renovated and remodeled with the intent of being used for medical offices. • The applicant's goal is to convert the entire building to medical office use. To do so, requires that 56 parking spaces be provided on -site. There are currently 45 surface parking spaces. • Due to site constraints, the applicant is proposing the approval of a modification permit for access to parking spaces (vehicle lifts, tandem) pursuant to Section 20.52.050B of the zoning code. • The proposed carport structure consists of solid plaster walls on the back, sides and, as recommended by staff, a solid roof. The front of the structure would be partially screened by horizontal wood siding that will match the existing wood siding located on stairwell elements of the office building. • The proposed plans show a metal roof. Staff believes that the roof materials should be of a more permanent construction and consist of the same or similar construction as the walls to better match the construction of the office building. Additionally, per the building code, a 30 -inch parapet must also be constructed along the roof adjacent to the property line. Conditions of approval have been included in the draft resolution that address both of these roof related issues. • The structure will be screened by landscaping on three sides. The existing ficus tree /hedge will remain along the northerly property line, landscaping will be planted on the westerly side and a metal trellis landscape screen with additional landscaping will be installed on the easterly side facing Old Newport Boulevard. • A condition of approval is included in the draft resolution requiring that the lifts be commercial /industrial grade (not residential lifts) to help ensure the usefulness and longevity. Additionally, a condition is included requiring that a final valet plan be approved by the City Traffic Engineer and Community Development Director prior to final inspection of building permits for medical office tenant improvements. Finally, staff recommended that the site be valet parked during all business hours. • Staff believes that the proposed vehicle lifts, tandem spaces and surface spaces combined with the implementation of a valet parking management plan provide the code required parking for medical office uses and that the findings for approval can be made. TmpIt:10 -15 -13 44 Medical Office Parking Modification February 13, 2014 Page 3 ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15303 of the State CEQA (California Environmental Quality Act) Guidelines — Class 3 (New Construction or Conversion of Small Structures). The project consists of a semi - enclosed parking structure for eleven vehicles and has an overall footprint of approximately 2,500 square feet. The Class 3 exemption allows for the construction of commercial buildings up to 10,000 square feet in size and for the construction of accessory structures. PUBLIC NOTICE Notice of this hearing 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 hearing, 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. APPEAL PERIOD An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644 -3200. Prepared by: Melinda Whelan Assistant Planner GR/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans TmpIt:10 -15 -13 45 Y �tl9 VO `HOV39 IdOdM3N 'OA B 1NOdM3N MO lVG m e Ft NOIIV- nV1SN1 1�I3 Olf1V a s �sI e Y9 d� dsa5 I'i6 a1 gag: ¢ gg d5 a g�sgf R E @Ba 85[@ 03 9�I @k € I @9s5 � 5 p I I �� 11161 € � � z M @ d @ w 5 db T A l a ---- 9 x O CL a •s o �, a i::w7 W a s �sI e Y9 d� dsa5 I'i6 a1 gag: ¢ gg d5 a g�sgf R E @Ba 85[@ 03 9�I @k € I @9s5 � 5 p I I �� 11161 € A l a ---- 9 x O CL •s o �, a i::w7 W - ......... _ _ _ ---------- ® O •.• .0 - 0.:.h '.]£rc.V' Y r m u�. u� Nt .... Viz; u•.; ..� ;i..f� 1�.' :;� a s �sI e Y9 d� dsa5 I'i6 a1 gag: ¢ gg d5 a g�sgf R E @Ba 85[@ 03 9�I @k € I @9s5 � 5 p I I �� 11161 € § ,�. a\ dq % /" ?j q ,| . ' NOliVTViSNI en sa § § " \\ , Ld \� ' \ . z � 0 - - - - -- |\ ! LU LU \� | j � � } . CL \ r \\ `> )( 1.9 | 'ae d% /q ? \# I it § NmVl-1 ViS ¥ ur ea .§ ke } )/ !E , !� \ 6 ( |§ ;16 uj - | cl ' § % CL | . * 2 � % \ \« CA Attachment No. PC 6 Correspondence from ZA hearing 49 INTENTIONALLY BLANK PAGE 150 To: Zoning Adminstrator Subject: Additional Materials Received: Item No. 3a From: Sandie Haskell [ mailto: sandiehaskellca)roadrunner.com] Sent: Friday, February 07, 2014 12:47 PM To: Wisneski, Brenda; Whelan, Melinda; Petros, Tony; Hill, Rush; edselichCd)newoortbeachca.00v; cu rryk(al new portbeachca. gov Subject: Fw: 441 Old Newport 441 Old Newport, Newport Beach, G4 92663 Parking Modification Permit Request Project File No. PA2013 -228 Activity No. MD2013 -023 Zoning Administration meeting Thursday Feb. 13, 2014 Q. What does the Zoning Administrator do? Answer: The Zoning Administrator conducts public hearings and renders decisions on minor discretionary applications. A "discretionary application" is one that requires the exercise of judgment on the part of the decision - maker, as opposite to a "ministerial application" where the decision -maker determines whether there has been conformity with fixed standards or objective measurements (e.g., building permits Q: What is a Modification Permit? Answer: A Modification Permit is a request for administrative relief from development standards of the Zoning Code such as to allow a building to encroach within a required setback. Other examples include: heights of walls, hedges or fences; distances between buildings; area, number and height of signs; roof signs and off -site signs; structural appurtenances or projections from buildings that encroach into front, side or rear yards; location of accessory buildings within setbacks; the construction or installation of chimneys, vents, rooftop architectural features in excess of permitted height limits, size or location of parking spaces or access to parking spaces, swimming pool and swimming pool equipment encroachments within setbacks, rooftop parking of automobiles in nonresidential districts; and minor alterations and improvements to nonconforming buildings. Deviations from provisions that regulate uses cannot be considered with a Modification Permit. We do not believe the project at 441 meets the criteria described above (taken from the City of NB's website) as a minor alteration nor an instance of minor nonconformance. We believe this matter should come before the PLANNING COMMISSION for a full, in depth evaluation of this odd proposal (we cannot think of any other OFFICE /MEDICAL BUILDING in Newport Beach that has constructed industrial style parking to meet parking requirements in a non - industrial area). Before the city would set a precedant for using lifts to fufill parking space requirements, we should think the City Council would want to study the proposal and have the Planning Commissions' input to consider the matter. 51 The applicant advertises his property claiming 14,309 square feet of "rentable " space. htto 11 www ventureregrotio com/PropertyPDF/441 Old Newport Blvdadf The remedy requested by the applicant - parking lifts - is definitely not in keeping with the character of the neighborhood. He also assumes that the neighboring professional building property owners would be happy with this unaesthetic approach to parking and that the employees and /or clients of the tenants will be comfortable with using the parking lifts and tandem parking. This parking scheme will be located between the curb and the actual building viewable from the street. If approved, this plan would require full -time parking attendants; how would that requirement be monitored and enforced? The public notice states that "the project is categorically exempt under Section 15303 of CEQA.... " Not sure why that is relevent. We will be out of town when this meeting takes place and would like this notification to serve as a statement of our concerns and questions regarding this property application. Richard and Sandra Haskell Business address.-415 & 455 Old Newport Road Newport Beach, CA Home address: 255 Evening Canyon Road Corona del Mar, CA http.//gcode.us/ codes/ al acercounty /view.ph,o?tonic =18 -I8 36 -18 36 050 &frames =on httP. / /www. ne wportbeachca. go v /PublicNotices /Zoning %20Administrator/02-13- 14 441 % 2001 d% 20Newport %20Parking %20Modification PA2013- 228.pdf http. / /www codeoublishing com/ CA/ NewaortBeach/. ?NewaortBeach20 /NewoortBeach20, html http. / /gcode.us/ codes/ pl acercounty/view.,ohn?tooic =l8 -18 36 -18 36 050 &frames =on 152 Zoning Administrator February 13, 2014 Item No. 3b: Additional Materials Received 441 Old Newport Parking Modification (PA2013 -228) Ramirez, Brittany To: Zoning Administrator Subject: Additional Materials Received - Item No. 3 From: Brion Jeannette ( mailto :Brion]@customarchitecture.com] Sent: Thursday, February 13, 2014 1:29 PM To: mwhelanCalnewportbeach.gov; Campbell, James; Wisneski, Brenda Cc: cathdoza @gmail.com Subject: RE: Ocean View Medical project 441 Old Newport Blvd/ REVISED 2/13/14 Melinda, I have added a few more comments to my letter. I was hoping you would be able to respond to my original letter, but I guess not. I'm sure we will discuss these today. Regards Brion Brion Jeannette Architecture Custom Architecture I Energy Efficient Design 470 Old Newport Blvd. Newport Beach, CA 92663 T: 949.645.5854 ext. 212 F: 949.645.5983 email@customarchitecture.com www.customarchitecture.com BJA Job # Aplease consider the environment before printing this e-mail CONFIDENTIALITY: The information contained in this a -Mail message, including any accompanying documents or attachments, is from Brion Jeannette Architecture and is intended only for the use of the individual or entity named above, and is privileged and confidential. If you are not the intended recipient, be aware that any disclosure, dissemination, distribution, copying or use of the contents of this message is strictly prohibited. Due to the vulnerabilities associated with electronic communications this message and any attachments should be checked for destructive content prior to executing. BJA is not responsible for loss or damage arising from the use of this e-mail or attachments. From: Brion Jeannette Sent: Tuesday, February 11, 2014 11:44 AM To: 'mwhelan @newportbeach.gov' Cc: cathdoza cbamail.com; Bonnie Jeannette Subject: Ocean View Medical project 441 Old Newport Blvd Melinda, being a long time property owner on Old Newport Blvd, this parking request to install lifts concerns me and many others on Old Newport Blvd. I have some technical questions hopefully you can assist with: The structure appears to be over 10,000sf according to the applicant's advertising it is 14,309sf net 14,935 gross , the staff report states 11,540sf. Can you verify which is correct. The Class 3 exemption appears to be in jeopardy if the applicants square footage is correct. 153 • If the structure is 11504 sf lot coverage is 49 %, at 14935sf lot coverage is 64.7% • The proposed carport which is open on only one side adds to the lot coverage by approximately 2000sf, I believe this structure will add to the already excessive lot coverage. • Although I feel this is a clever way to increase parking, I feel it is inappropriate and NOT the visual aesthetics that is important to Old Newport Blvd. land owners. Imagine this in many parts of the city, not a pretty picture. • As the structure increases in square footage, obviously the parking requirement increases I believe this will require a Planning Commission decision including variances for excessive lot coverage, and reduced parking and I believe the old Specific Area Plan #9 for Old Newport Boulevard, developed by the property owners and city staff a few years back dictate an aesthetic that does not allow parking lifts visible from the street. Regards Brion Brion Jeannette Architecture Custom Architecture I Energy Efficient Design 470 Old Newport Blvd. Newport Beach, CA 92663 T: 949.645.5854 ext. 212 F: 949.645.5983 email@customarchitecture.com www.customarchitecture.com BJA Job # Aplease consider the environment before printing this e-mail CONFIDENTIALITY: The information contained in this a -Mail message, including any accompanying documents or attachments, is from Brian Jeannette Architecture and is intended only for the use of the individual or entity named above, and is privileged and confidential. If you are not the intended recipient, be aware that any disclosure, dissemination, distribution, copying or use of the contents of this message is strictly prohibited. Due to the vulnerabilities associated with electronic communications this message and any attachments should be checked for destructive content prior to executing. BJA is not responsible for loss or damage arising from the use of this e-mail or attachments. 54 Zoning Administrator February 13, 2014 Item No. 3c: Additional Materials Received 441 Old Newport Parking Modifcation (PA2013 -228) Ramirez, Brittany To: Zoning Administrator Subject: Additional Materials Received - Item No. 3 From: Catherine Cardoza [mailto:cathdoza(alomail.com] Sent: Thursday, February 13, 2014 12:48 PM To: Whelan, Melinda; Wisneski, Brenda; kbrant(olnewportbeachca.gov Cc: Or Raney; Ann Raney Subject: 441 Old Newport - Parking Modification Permit Dear Melinda, Thank you for speaking with me yesterday regarding the property at 441 Old Newport Boulevard and their request for a parking modification. As we discussed, Dr. and Mrs. Raney, owners at 447 Old Newport, are firmly opposed to approving this modification permit. Please see the attached letter and support documentation that explains their position. Please distribute this information to the decision maker(s) involved with this permit request. Again, thank you for you time, Sincerely, Catherine Cardoza Raney Zusman Medical Group 447 Old Newport Blvd, Suite 200 Newport Beach, CA 92663 (949) 650 -3350 - Office (949) 650 -1274 - Fax Please note that the information contained in this message may be privileged and confidential and protected from disclosure under the law, including the Health Insurance Portability and Accountability Act (HIPAA). If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited and may subject you to criminal or civil penalties. If you have received this communication in error, please notify the sender by replying to the message and delete the material from any computer. 55 Dr. and Mrs. Aidan Raney 447 Old Newport Boulevard, Suite 200 Newport Beach, CA. 92663 February 12, 2014 Zoning Administrator City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: 441 Old Newport Parking Modification — Public Hearing, February 13, 2014 at 3:30pm Dear Zoning Administrator: We are respectfully requesting that you deny the above referenced applicant a modification permit for parking. Their permit request is predicated on a parking issue that has been denied by City Council and twice denied by the Planning Commission. We are requesting denial for the following reasons: The modification permit would allow vehicle lifts and a carport to be constructed on the property in the parking lot. The use of vehicle lifts has not been granted to any other property owner along this stretch of Old Newport Boulevard. In all other cases, owners were required to provide adequate parking through the construction of subterranean garages or limited their buildable square footage to meet the medical office parking requirements. The industrial looking vehicle lift is not in keeping with the architectural integrity of the neighborhood. Permitting the use of the vehicle lifts will only benefit the property owner of 441 Old Newport, to the detriment of the surrounding home and commercial property owners. We believe the vehicle lifts will not be effectively utilized. It will be easier for employees and patrons of 441 Old Newport to park elsewhere; in an effort to avoid parking their vehicles on the lifts, creating a "parking problem" for the adjacent properties that have abided by the rules set forth by the City of Newport Beach. 3. The square footage of the building is not accurate and therefore the minimum requirement for parking spaces is inaccurate. The City of Newport Beach is only recognizing 11,540 square feet. However, the applicant's own (updated) website lists the "rentable square footage" at over 14,000 square feet. Please see his attached website information. Using the calculations provide by the property owner, on their website, the minimum parking space requirement should be >70 spaces. 50 As the owners of the property at 447 Old Newport Boulevard, we continue to be concerned about the repeated attempts by this property owner to circumvent the rules established by the City for medical office space parking. We urge you to reconsider the recommendation in the Staff Report and vote to deny granting this permit. Very truly yours, Aldan A. Raney, M.D. Ann Raney ICI VENTURE R E G PO Ll P kL 'Al rkEM] VITEW M- 1101C AVAILABLE FOR LEASE OR LEASE OPTION TO PURCHASE 1,000 - 9,402 RSF .rl LEASE Rff E $ 2.95 NNN/sq. ft . LFEASE TERIA 5 Years Minimum 11. ALLOWANCE $50/USF Available Early November 441 OLD NEWPORT BLVD, NEWPORT BEACH, CA 92663 a5 of I)-tivI14 FEATURE' • Directly across from Hoag Hospital • Brand New, Just Completed Facility • 55,000 Average Daily Traffic • Newport Blvd Signage Available • Beautiful Glass Line with Balconies • Gurney Size Elevator & Surface Parking • Lease with Option to Purchase or Lease Only TURE G RO U I" d FAvv ---�,AL PLAZA AVAILABLE FOR LEASE OR LEASE OPTION TO PURCHASE FIRST FLOOR - 4,650 RSF THIRD FLOOR - 4,907 RSF F L QC) R P L N 441 OLD NEWPORT BLVD, NEWPORT BEACH, CA 92663 Ocean View Medical Investors, LLC Zoning Administrator February 13, 2014 Item No. 3d Additional Materials Received "qlo 441 Old Newport Parking Modification (PA2013 -228) p 949.721.8600 f 949. 752. 2583 OCEAN VIEW MEDICAL PLAZA 441 Old Newport Boulevard Newport Beach, California PARKING MANAGEMENT PLAN: The following Parking Management Plan will outline the assisted parking operations and will be used to implement and monitor the On Site Parking operation. The guidelines will be distributed to all tenants upon occupancy so they are familiar with the program and to provide an understanding of the system and to better utilize the automated system in place for their employee's and customer's benefit. GENERAL DESCRIPTION OF OPERATION: A valet parking will be provided to assist employees and guests the full utilization of the parking provided for the building. There will be 11 (eleven) two level automated car lifts on the site to be parked and operated by the Valet only. • Auto Valet will be provided during business hours from7:00 AM to 6:00 PM Monday through Friday. Two valet employees will be present during business hours. • Valet service will be complimentary to all users. • Permanent signage will be installed at drop -off location outlining service provided • Valet to verify with all drivers, anticipated length of stay and utilize upper lift platform for employees first and then longer term parking (if needed). • Valet to provide Claim number card upon vehicle drop off. • 34 Self Park stalls will be available at all times when valet is not available or upon request by customers. • 2 Accessible stalls are available for self - parking or valet parking upon request at the main entrance to the building. • Valet contact phone number to be provided to tenants so car can be retrieved ahead of departure. • All keys to be secured in locked storage cabinet • Adequate signage will be provided on site for circulation (to be reviewed and approved by City Traffic Engineer). Will provide pick-up/drop-off locations to be reviewed and approved by the City Traffic Engineer 1 ,J•