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HomeMy WebLinkAbout1970 - SITE DEVELOPMENT REVIEW, MEDICAL OFFICE - 20372 Birch St RESOLUTION NO. 1970 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-032, SITE DEVELOPMENT REVIEW NO. SD2014- 005, TRAFFIC STUDY NO. TS2014-006, AND TENTATIVE PARCEL MAP NO. NP2014-017 FOR A MEDICAL OFFICE PROJECT LOCATED AT 20352-20412 BIRCH STREET AND RESCINDING, IN PART, PLANNING COMMISSION RESOLUTION NO. 1735 (PA2014-121) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Real Estate Development Associates, LLC. ("Applicant'), with respect to property located at 20352-20412 Birch Street, and legally described as Lots 125, 126, 127, and a portion of Lot 128 of Tract 706, requesting approval of a Minor Use Permit, Site Development Review, Traffic Study, and Tentative Parcel Map, 2. The Applicant proposes to resubdivide four lots into three lots for commercial development and condominium purposes. The project includes the construction of two, two-story medical office buildings totaling 64,000 square feet in gross floor area and a 322-space surface parking lot. 3. The subject property is located within the Santa Ana Heights Specific Plan (SP-7) 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 19, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. On October 18, 2007, the Planning Commission adopted Resolution No. 1735 adopting an Initial Study and Mitigated Negative Declaration ("IS/MND") that was prepared in compliance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and City Council Policy K-3. The project reviewed under the IS/MND included a Tentative Parcel Map, Use Permit, and Traffic Study to allow the construction of four, two-story medical office buildings consisting of approximately 65,000 gross floor area over a parking structure on a vacant 3.06-acre site. Planning Commission Resolution No. 1970 Page 2 of 18 2. The Applicant proposes to include additional land area to the project site, demolition of two single-unit dwellings, and construction of two, two-story medical office buildings totaling 64,000 square feet in gross floor area. Due to these proposed changes compared with the approved project, an Addendum to the IS/MND was prepared pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration of the State CEQA Guidelines). The City retained Kimley-Horn and Associates to prepare the Addendum and a revised Mitigation Monitoring and Reporting Program ("MMRP") was also prepared, and all applicable mitigation measures from the previous MMRP were included. 3. On the basis of the entire environmental review record, the proposed project will not result in any new significant impacts that were not analyzed in the IS/MND, nor will the project cause a substantial increase in the severity of any previously identified environmental impacts. The potential impacts associated with this proposed project would either be the same or less than those described in the IS/MND. In addition, there are no substantial changes to the circumstances under which the proposed project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the IS/MND, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, an Addendum to the previously adopted IS/MND is the appropriate environmental documentation for the proposed project. In taking action on any of the approvals for the proposed project, the Planning Commission considered the whole of the data presented in the IS/MND, as augmented by the Addendum, and the MMRP. 4. The Addendum to the IS/MND, including the MMRP, is hereby approved. The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall,100 Civic Center Drive, Newport Beach, California. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52,020(F) (Conditional and Minor Use Permits) of the Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the subject property as General Commercial Office (CO-G) with the maximum floor area to land area ratio ("FAR") of 0.50 (CO-G 0.50), which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The 07-22-2044 Planning Commission Resolution No. 1970 Page 3 of 18 proposed project is consistent with this designation as it is a medical office development with a 0.36 FAR. 2. The subject property is located within the Business Park District of the Santa Ana Heights Specific Plan Zoning District (SP-7 BP), which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Pursuant to Section 20.90.120 (Business Park District: SP-7, BP), medical office uses are a principal permitted use subject to the approval of a minor use permit. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The subject property is located within the Business Park District of the Santa Ana Heights Specific Plan Zoning District (SP-7 BP), which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Pursuant to Section 20.90.120 (Business Park District: SP-7, BP), medical office uses are a principal permitted use subject to the approval of a minor use permit. 2. The BP District guidelines emphasize the protection of the adjacent residential uses through regulation of building mass and height, landscape buffers, and architectural design features. The proposed design includes a setback from the abutting residential uses of 78 feet to the south and 138 feet to the east with a site wall, landscaping, and surface parking, and the architectural design of the project meets the intent of the SP- 7 BP District, 3. Pursuant to Section 20.90.030 (Design Guidelines), the intent of the Santa Ana Heights Specific Plan design guidelines is to promote a consistent, high quality character of development that will result in the overall enhancement of the aesthetic character of the community. The proposed two-story buildings are 36 feet in height, provide the required setbacks from all property lines, and include a courtyard to separate the buildings. The hardscape includes enhanced paving at the drop off area, front of the buildings, and courtyard. The architectural design creates visual interest through building articulation, window treatments, and blending with landscaping. The mechanical equipment, refuse, and generators are proposed to be screened from view. The project is designed within the required framework and sufficiently complies with the guidelines. 4. Section 20.90.120 (Business Park District: SP-7 — BP) establishes the required site development standards for floor area, setbacks, and landscaping. The buildings provide more than the minimum required setback from each property line and are proposed at 0.36 FAR, where 0.50 FAR is allowed. The proposed landscaping 07-22-2014 Planning Commission Resolution No. 1970 Page 4 of 18 includes trees, shrubs, and groundcover and the landscape setbacks are met or exceeded with the proposed project design. 5. Pursuant to Table 3.10 in Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required), medical office uses are required to provide one parking space for every 200 square feet of gross floor area. The gross floor area of the proposed buildings is 64,000 square feet; therefore, the project requires 320 spaces. The proposed project includes surface parking with 322 parking spaces, thus, the project provides a surplus of two spaces. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1 . Commercial and residential uses are allowed in the vicinity, including medical office, retail sales, personal service, restaurant, professional and administrative office, and single-unit residential uses. The subject property is located among other medical office uses along Birch Street to the north, and the proposed medical office uses are compatible with the allowed uses in the vicinity. 2. The project design locates the two-story, 36-foot high buildings towards the middle of the property with large setbacks from the property lines, which provide separation to ensure compatibility with the abutting commercial and residential properties. Furthermore, the buildings include high performance glazing windows resulting in privacy to residential uses to the south and east. 3. The buildings are proposed at 0.36 FAR, where 0.50 FAR is allowed. The 64,000- square-foot medical office use does not create any traffic impacts and is compatible with the allowed commercial and residential uses in the vicinity. 4. The proposed medical office uses will operate as a typical medical office use. The design includes a drop-off/pick-up area with seating, landscaping, and enhanced pavement. A courtyard is proposed between the two buildings as an amenity to the employees and visitors. Code required parking is provided ensuring that employees and visitors may park on-site. Therefore, the operating characteristics are compatible with the allowed commercial and residential uses in the vicinity. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 07-22-2014 Planning Commission Resolution No. 1970 Page 5 of 18 Facts in Support of Finding: 1. The subject property is 4.1 acres in area (178,405 square feet), generally rectangular in shape, located in a commercial area with residential uses nearby, and is proposed to be developed with two, two-story medical office buildings. 2. The project design locates the two-story buildings towards the middle of the property with large setbacks used for surface parking and landscaping. The site is proposed with 322 spaces, which is two more spaces than required by the Zoning Code. Adequate trash storage facilities for the medical office tenants is provided in two enclosed areas, thereby preventing any odor or related issues for the residential uses nearby. 3. The site has pedestrian and vehicular access along Birch Street, which is a four-lane secondary commercial road with sufficient capacity as shown by the traffic study. The two driveways proposed will be constructed pursuant to City Standards and reviewed and approved by the Public Works Department. The provision of emergency vehicle access will continue along Birch Street. 4. All water services will be approved by the Irvine Ranch Water District and all sewer services will be approved by the Costa Mesa Sanitary District. 5. The Public Works Department, Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City-adopted version of the California Building Code. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The proposed use is similar to and compatible with other office uses in the vicinity, and is not detrimental to the abutting residential uses due to the office nature of the business and location of the buildings on-site. 2. The proposed development is consistent with the planned land use for the site. The site is suitable for the type and intensity of development proposed because the infrastructure serving the site and surrounding area has been designed and developed to accommodate the anticipated commercial development use of the site. Therefore, the operation of the use is not detrimental. 07-22-2014 Planning Commission Resolution No. 1970 Page 6 of 18 3. As demonstrated in the traffic study, the proposed project does not result in a traffic impact; therefore, the operation of the proposed medical office use is not detrimental. 4. The proposed use does not create any adverse noise impacts, and is subject to the noise standards within the Municipal Code. 5. Adequate trash storage facilities for the commercial tenants are provided in two screened areas, thereby preventing any odor or related issues for the abutting residential uses. 6. Compliance with the Municipal Code and the conditions of approval is required and will further ensure that the proposed use will not be detrimental. Site Development Review In accordance with Zoning Code Section 20.52.080(F) (Site Development Review), the following findings and facts in support of such findings are set forth: Finding: F. Allowed within the subject zoning district. Facts in Support of Finding: 1 . The subject property is located within the Business Park District of the Santa Ana Heights Specific Plan Zoning District (SP-7 BP), which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Pursuant to Section 20.90.120 (Business Park District: SP-7, BP), medical office uses are a principal permitted use subject to the approval of a minor use permit. Finding: G. In compliance with all of the applicable criteria identified in subsection [20.52.080](C)(2)(c). a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; 07-22-2014 Planning Commission Resolution No. 1970 Page 7 of 18 e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protections). Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the subject property as General Commercial Office (CO-G) with the maximum 0.50 FAR (CO-G 0.50), which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The proposed project is consistent with this designation as it is a medical office development with a 0.36 FAR. 2. The subject property is located within the Business Park District of the Santa Ana Heights Specific Plan Zoning District (SP-7 BP), which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Pursuant to Section 20.90.120 (Business Park District: SP-7, BP), medical office uses are a principal permitted use subject to the approval of a minor use permit. 3. The proposed structures are arranged in a way to provide for harmonious relationships with one another and with the adjacent surroundings through site layout and positioning of the two buildings. The project design includes two grey and white medical office buildings located near the middle of the property surrounded by surface parking, drive aisles, and landscaping. At the front of the buildings near the vehicular entrance from Birch Street is a drop-off/pick-up area with enhanced paving. A six-foot high block wall is proposed along the rear and side property lines. 4. The design of the buildings includes obscure glazing facing the residential properties intended to provide privacy to the community. Both buildings feature two story glass entry ways with a slight curve on the front of Building 2 facing Birch Street. An outdoor courtyard is provided between the two buildings as an amenity area for employees and visitors, and will also serve as an access between the rear parking area and the front building entrances along Birch Street. 5. The proposed 36-foot high buildings are located towards the middle of the site. The building location, surface parking, landscaping, and site walls would provide separation from the abutting residential uses. Therefore, the height, bulk, and scale of the proposed project are compatible with the commercial and residential uses in the area. 6. Appropriate vehicular and pedestrian access is provided from Birch Street with two driveways proposed. The proposed site layout provides efficient vehicular circulation throughout the site and a drop-off/pick-up area for visitors at the building entrances. Adequate pedestrian access is provided from street to the building entrances, and full pedestrian circulation would be provided between the buildings. The Public Works 07-22-2014 Planning Commission Resolution No. 1970 Page 8 of 18 Department has reviewed and approved the site plan and parking configuration subject to the conditions of approval. 7. The proposed landscaping is designed to meet water efficiency standards and to enhance the overall site design. The proposed landscaping includes trees, shrubs, groundcover, and vines. Several tree species are proposed for a total of approximately 121 trees throughout the site. The landscaped areas along Birch Street include shrubs to screen the parking areas from view. The project includes a courtyard, pedestrian landscaped areas, and landscaping around the site perimeter. 8. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in compliance with Section 20.30.100 (Public View Protections). Finding: H. The proposed development is not detrimental to the harmonious and orderly growth of the City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The new construction complies with all Building, Public Works, and Fire Codes. The project complies with all City ordinances and conditions of approval. 2. The project has been conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents. 3. The proposed project includes 322 parking spaces and exceeds the parking requirements provided in Municipal Code Section 20.40.040 (Off-Street Parking), which will allow for medical office uses. 4. The proposed project design includes adequate separation from the buildings to the abutting residential properties and has site walls and sufficient landscaping. Traffic Study In accordance with Municipal Code Section 15.40.030(A) (Traffic Phasing Ordinance), the following findings and facts in support of such findings are set forth: Finding: 1. That a traffic study for the project has been prepared in compliance with this chapter [15.40]and Appendix A. 07-22-2014 Planning Commission Resolution No. 1970 Page 9 of 18 Facts in Support of Finding: 1 . A traffic study, titled "Traffic Impact Analysis for the proposed Newport Executive Center" dated November 2014, was prepared by Kimley-Horn and Associates, Inc. under the supervision of the City Traffic Engineer for the project in compliance with Municipal Code Chapter 15.40 (Traffic Phasing Ordinance) and Appendix A. Finding: J. That, based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection (8) can be made: Facts in Support of Finding: 1. Construction of the project is anticipated to be completed in 2016, within 60 months. If the project is not completed within 60 months of this approval, preparation of a new traffic study is required. 2. The traffic study included 15 study intersections that were analyzed for potential impacts based on the City's Intersection Capacity Utilization ("ICU") analysis. Utilizing the ICU analysis, the traffic study determined that the 15 primary intersections identified will continue to operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance. Finding: K. That the project proponent has agreed to make or fund the improvements, or make the contributions, that are necessary to make the findings for approval and to comply with all conditions of approval. Facts in Support of Finding: 1. No improvements or mitigation is necessary because implementation of the proposed project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. Tentative Parcel Map The Planning Commission determined in this case that the proposed parcel map is consistent with the legislative intent of Title 20 (Planning and Zoning) of the Municipal Code and is approved based on the following findings pursuant to Section 19.12.070 (Required Findings for Action on Tentative Maps) of the Municipal Code: 07-22-2014 Planning Commission Resolution No. 1970 Page 10 of 18 Finding L. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding 1. The Land Use Element of the General Plan designates the subject property as General Commercial Office (CO-G) with the maximum floor area to land area ratio ("FAR") of 0.50 (CO-G 0.50), which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The proposed project is consistent with this designation as it is a medical office development with a 0.36 FAR. The subject property is located within the Business Park District of the Santa Ana Heights Specific Plan Zoning District (SP-7 BP), which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Pursuant to Section 20.90.120 (Business Park District: SP-7, BP), medical office uses are a principal permitted use subject to the approval of a minor use permit. The Tentative Parcel Map application is requested for the resubdivision of four parcels into three parcels and for condominium purposes. Each building would be located on its own lot with the third lot as the remainder of the site including parking and landscaping. Parcel 1 is 11,159 square feet and contains Building 1, Parcel 2 is 23,106 square feet and contains Building 2, and Parcel A is 143,572 square feet. Building 1 has up to four condominium units and Building 2 has up to six condominium units. Therefore, the proposed Tentative Parcel Map and the design and improvements of the subdivision is consistent with the General Plan, Santa Ana Heights Specific Plan, and Subdivision Code. 2. The Public Works Department has reviewed the proposed parcel map and has concluded it is consistent with the Subdivision Code, and conditions of approval will be included to ensure compliance with applicable provisions. Finding M. That the site is physically suitable for the type and density of development. Facts in Support of Finding 1. The 4.1-acre site is regular in shape, has a slope of less than 20 percent, and is not within a zone deemed to be subject to seismically induced liquefaction potential. The site is large enough to accommodate the intensity proposed in compliance with all applicable Zoning requirements. The site is suitable for the type and density of development proposed in that the infrastructure serving the site and surrounding area has been designed and developed to accommodate the proposed project. 07-22-2014 Planning Commission Resolution No. 1970 Page 11 of 18 Finding N. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding 1. The proposed project is not located near fish or wildlife habitat and the design of the subdivision will not cause substantial damage to habitat. An Addendum to the previous IS/MND has been prepared for the project consistent with the implementing regulations of CEQA. The Addendum concludes the project will have a less than significant impact to the environment with mitigation measures and does not identify any cumulative impacts. The site is developed in a highly urbanized area and no significant natural resources exist on the project site or in the area of the project site. Finding O. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding 1. The proposed Parcel Map is for the resubdivision of the lots and for condominium purposes. All construction for the project complies with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Municipal Code Section 19.28.010 (General Improvement Requirements) and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. Furthermore, the proposed project conforms to all applicable City ordinances. 2. No evidence is known to exist that would indicate that the proposed development will generate any serious public health problems. All mitigation measures will be implemented as outlined in the Addendum to the previously adopted IS/MND to ensure the protection of the public health. Finding P. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be 07-22-2014 Planning Commission Resolution No. 1970 Page 12 of 18 provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision, Facts in Support of Finding 1. The design of the development does not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public access easements that are located on the property. Sufficient site access is provided from the abutting public right-of-way (Birch Street) with the proposed parcel map. Finding Q, That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding 1. The property is not subject to the Williamson Act. The subject property is not designated as an agricultural preserve and is less than 100 acres. Finding R. That, in the case of a "land project' as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision-making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding 1. California Business and Professions Code Section 11000.5 was repealed by the Legislature in 2006 via Assembly Bill 2711. However, the proposed subdivision is not a "land project," as defined in prior California Business and Professions Code Section 11000.5 because it does not consist of 50 or more parcels. Finding S. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. 07-22-2014 Planning Commission Resolution No. 1970 Page 13 of 18 Facts in Support of Finding 1. The proposed Parcel Map locates the buildings towards the middle of the property with 30 feet between the two buildings, which allows for future passive or natural heating and cooling opportunities. The proposed building height is 36 feet, which is compatible with other structures in the area. The proposed improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards based on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding T. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding 1. The General Plan and Zoning Code designate the site for commercial uses. The proposed project does not create residential units; however, the project does generate jobs. The City's Housing Element addresses the regional housing needs to ensure that job and housing are balanced. Finding U. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding 1. Wastewater discharge from the project into the existing sewer system has been designed to comply with the Regional Water Quality Control Board ("RWQCB") requirements. Finding V. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. 07-22-2014 Planning Commission Resolution No. 1970 Page 14 of 18 Facts in Support of Finding 1. The subject property is not located within the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-032, Site Development Review No. SD2014-005, Traffic Study No. TS2014-006, and Tentative Parcel Map No. NP2014-017, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. The Minor Use Permit, Site Development Review, and Traffic Study actions shall become final and effective 14 days following the date this Resolution is adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. The Tentative Parcel Map action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. 4. Planning Commission Resolution No. 1735 is hereby rescinded, except as to that portion which adopted the IS/MND and the Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF FEBRUARY, 2015. AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers and Tucker NOES: None ABSTAIN: None ABSENT:: None BY: e= e Larry Tucke/rer, Chair 7 BY: J 9-2vers, 8ejtary 07-22.2014 Planning Commission Resolution No. 1970 Page 15 of 18 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans, building elevations, and photographic simulations, 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. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Minor Use Permit No. UP2014-032 and Site Development Review No. SD2014-005 may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to Minor Use Permit No. UP2014-032 and Site Development Review No. SD2014-005 or the processing of a new Minor Use Permit. 6. 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 a building permit. 7. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. These plans shall be in substantial conformance with the concept landscape plan stamped and dated with the date of this approval. 8. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 9. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the 07-22-2014 Planning Commission Resolution No. 1970 Page 16 of 18 opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 10. Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. Parking lots shall be lighted so that there is a minimum illumination over the entire lot of 1.0 footcandle and an average over the entire lot of 2.5 footcandles. The survey shall show that lighting values are 1.0 footcandle or less at all property lines. 11. Prior to the issuance of a building permit, a geotechnical report shall be submitted to the Building Division for review. 12. A wheelchair accessible path of travel shall be provided from the public sidewalk to both of the buildings. 13. Commissioning and acceptance testing shall be required for both buildings. 14. A parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 15. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 16. If it is desired to record the Map or obtain a building permit prior to completion of the public improvements, the applicant will provide the City through the Public Works Department with either a refundable deposit or a Performance and Labor and Materials bond for the estimated cost of the public improvements to guarantee satisfactory completion of the required public improvements. 17. All improvements shall be constructed as required by Ordinance and the Public Works Department. 18. An encroachment permit shall be required for all work activities within the public right- of-way. 07-22-2014 Planning Commission Resolution No. 1970 Page 17 of 18 19. All unused driveway approaches shall be removed and replaced with full height curb and gutter and sidewalk per City Standards. 20. The proposed driveway approaches shall be constructed per City Standards. 21 . The proposed parking lot layout shall be reviewed and approved by the City Traffic Engineer. Parking aisles and spaces shall comply with City Standard #805-L-A&B. 22. All improvements shall comply with the City's sight distance requirement, City Standard #110-L. 23. All damaged curb, gutter, sidewalk and asphalt pavement on Birch Street shall be removed and replaced per City Standards. Limits of reconstruction shall be determined by the Public Works Department. 24. All water services and/or improvements proposed for this development shall be approved by the Irvine Ranch Water District and comply with their standards. 25. All sewer services and/or improvements proposed for this development shall be approved by the Costa Mesa Sanitary District and comply with their standards. 26. A Water Quality Management Plan (WQMP) for the proposed project shall be prepared and submitted to the City for review and approval. Prior to the issuance of grading or building permits, the applicant shall have an approved final project WQM_P._ 27. Additional requirements may be placed on the development upon the submittal of detailed water, sewer, storm drain, pavement, parking and striping plans. 28. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 29. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 30. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 31 . The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance 07-22-2014 Planning Commission Resolution No. 1970 Page 18 of 18 with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of Community Development, and may require an amendment to this Minor Use Permit. 33. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 34. 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. 35. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless the 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 the City's approval of the Birch Medical Offices including, but not limited to, Minor Use Permit No. UP2014-032, Site Development Review No. SD2014-005, Traffic Study No. TS2014-006, and Tentative Parcel Map No. NP2014-017. 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, the City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of the 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. 36. A reciprocal easement agreement and Covenants, Conditions, and Restrictions (CC&Rs) shall be provided pertaining to parking and maintenance, and shall be subject to approval by the City Attorney's Office prior to issuance of a Certificate of Occupancy. The CC&Rs shall be recorded and any subsequent changes shall be reviewed and approved in writing by the Planning Division and City Attorney's Office. 37. A master sign plan for the entire site shall be reviewed and approved by the Zoning Administrator prior to issuance of a Certificate of Occupancy. This plan shall be in the form of a Comprehensive Sign Program if required by the Municipal Code or as project plans that address all signage on-site. 07-22-2014