Loading...
HomeMy WebLinkAbout1942 - MODIFICATION PERMIT - 441 Old Newport BlvdRESOLUTION NO. 1942 A RESOLUTION OF THE PLANNING COMMISSION 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 requests a modification permit to use 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 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 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, 2014, Planning Commissioner Kramer appealed the decision of the Zoning Administrator. Planning Commission Resolution No. 1942 Paae 2 of 9 8. A public hearing was held on May 8, 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 QUALITYACT 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 Finding: A -1. The existing office building was originally constructed in 1981 and the recent interior and exterior alterations and renovations are nearly complete. 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 trees and new trees and shrubs. Additionally, the front facade 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 Planning Commission Resolution No. 1942 Paae 3 of 9 has proven a proficient way to maximize parking efficiency and on -site parking demand. A -5 Access to the site 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. 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. 1942 Page 4 of 9 Facts in Support of Findin 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 building size, 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 area, a valet parking management plan is required to be reviewed and approved by the Public Works and Community Development Departments. 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: 1. 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. 10 -15 -2013 Planning Commission Resolution No. 1942 Paqe 5 of 9 PASSED, APPROVED AND ADOPTED THIS 8t" DAY OF MAY, 2014. AYES: BROWN, KRAMER, LAWLER, MYERS, AND TUCKER NOES: HILLGREN ABSTAIN: NONE /_1:1-1 :IaI�9JiIAV Il-iI I,.Ail - 10 -15 -2013 Planning Commission Resolution No. 1942 Paqe 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL 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. 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 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. Trash pick -up for shall be scheduled outside of regular business hours because a required parking space blocks access to the trash enclosure. 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 are subject to the review and approval by the Community Development Director prior to the issuance of building permits. 10 -15 -2013 Planning Commission Resolution No. 1942 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 exceeding 20 percent of the new floor area, 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), and hours of operation. Additionally, the parking management plan shall include the following operational details: employees and staff are required to park within the 22 vehicle lift spaces as a condition of all leases for the building, the valet service shall be managed and operated by a professional company, and valet attendants shall be on -site a minimum of 12 hours during all business days. 13. A condition shall be added to all leases of the building that requires all staff and employees to park in the 22 vehicle lift spaces. 14. 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 a surface parking space. 15. 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. A maintenance agreement shall be provided that requires the regular maintenance of the vehicle lifts by the vehicle lift manufacturer at least every six (6) months. 16. 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. Should any of the Ficus Trees become diseased and /or die they shall be immediately removed and replaced with a tree that has been reviewed and approved by the the Community Development Department and the City Urban Forester. 17. 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). 18. 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 10 -15 -2013 Planning Commission Resolution No. 1942 Paqe 8 of 9 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. 19. Prior to issuance of building permits for the carport structure, a materials and colors board shall be submitted to the Community Development Department for review and approval. 20. Prior to the final of building permits for the carport structure, a land use restriction shall be recorded at the County of Orange on the subject property to refer to Planning Commission Resolution No. 1942 and associated Conditions of Approval for Modification Permit No. 2013 -023. Such land use restriction can only be removed with the written permission of the Community Development Director. 21. 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. 22. 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 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. 10 -15 -2013 Planning Commission Resolution No. 1942 Paqe 9 of 9 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. 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