HomeMy WebLinkAboutPC2018-009 - LOT MERGER, MAJOR SITE DEVELOPMENT REVIEW, AND STAFF APPROVAL FOR THE REDEVELOPMENT OF AN EXISTING SENIOR CONVALESCENT AND CONGREGATE CARE FACILITY - 393 HOSPITAL ROAD AND 4000 HILARIA WAYRESOLUTION NO. PC2018-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING LOT
MERGER NO. LM2017-006, MAJOR SITE DEVELOPMENT
REVIEW NO. SD2017-007, MINOR USE PERMIT NO. UP20117-
029, AND STAFF APPROVAL NO. SA2008-004 FOR THE
REDEVELOPMENT OF AN EXISTING SENIOR CONVALESCENT
AND CONGREGATE CARE FACILITY LOCATED AT 393
HOSPITAL ROAD AND 4000 HILARIA WAY (PA2017-212)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
Matthew Winsryg of Atria Senior Living ("Applicant") filed an application with respect to
property located at 393 Hospital Road and 4000 Hilaria Way, legally described as a portion
of Lot 169 in Block 2 of Irvine's Subdivision and Lots 6 and 7 of Tract No. 5854, respectively
("Property"), requesting approval of a lot merger, major site development review, and minor
use permit.
2. The Applicant proposes the redevelopment of an existing senior convalescent and
congregate care facility (i.e., memory care and assisted living) on an approximately 3.7 -
acre site ("Project") in the City of Newport Beach ("City"). Currently there are three parcels
with two separate buildings totaling 96,039 square feet in gross floor area and 340 beds.
The proposed redevelopment will merge all parcels to create a single building site. The
southerly building will be demolished and the northerly building will be modified to create
a combined 119,543 -square -foot facility with 195 beds. Also included in the design are
ancillary spaces such as a common kitchen and dining area, as well as shared amenities
such as a fitness room, yoga room, theater, salon, and bistro. All required parking will
be provided on-site. All required parking will be provided on-site. The proposed design
complies with all Zoning Code development standards and no deviations are requested.
The Applicant requests an establishment of grade since portions of the building site have
been altered and are not representative of the prevailing grades across the site.
3. The subject property is designated Private Institutions (PI) by the General Plan Land Use
Element and is located within the Private Institutions (PI) Zoning District.
4. The Property is not located within the coastal zone.
5. A public hearing was held on March 8, 2018, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in
accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1 The Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15315 under Class 15 (Minor Land Divisions) and Section 15332 under Class 32
(In -Fill Development Projects) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential to have a significant effect on the
environment.
2. The Class 15 exemption includes the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and zoning, no variances or exceptions are required,
all services and access to the proposed parcels to local standards are available, the parcel
was not involved in a division of a larger parcel within the previous two years, and the
parcel does not have an average slope greater than 20 percent. The Project includes a lot
merger, which will remove underlying interior lot lines between three legal parcels to create
a single building site. The average slope of the Property is approximately between six and
eight percent.
3. The Class 32 exemption pertains to in -fill development when the following conditions
are met:
a. The Project is consistent with the applicable general plan designation and all
applicable general plan policies, as well as with applicable zoning designation and
regulations,
The Property is designated Private Institutions (PI) in the General Plan Land Use
Element and is located within the Private Institutions (PI) Zoning District. The
proposed use is permitted with the approval of a minor use permit and lot merger,
which are included in the Project application. The proposed design complies with all
Zoning Code development standards and no deviations are requested. A similar use
has operated at this site since the 1960s.
b. The proposed development occurs within City limits on a Project site of no more than
five acres substantially surrounded by urban uses,
The Project is proposed within city limits on a site that is approximately 3.7 acres in
area and surrounded by existing residential, commercial, and institutional
development.
c. The Project site has no value as habitat for endangered, rare or threatened species,
The site is currently developed with buildings, paving, and landscaped areas. There
is no natural habitat on or adjacent to the Project site.
d. Approval of the Project would not result in any significant effects relating to traffic,
noise, air quality, or water quality, and
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Traffic and Air Quality:
The Project improves an existing use while reducing the amount of beds from 340 to
195, which is a net reduction of 145 beds; thus, there will be no significant impacts
due to traffic. The Applicant expects construction to take approximately 9 to 12
months for the southern building and 6 to 7 months for the northern building with
some overlap. All construction of the Project is conditioned to comply with the
regional Air Quality Management Plan established by the Southern California Air
Quality Management District to ensure that construction
Noise:
The Project is conditioned to meet the NBMC noise regulations and will not result in
any significant effects related to noise.
Water Quality:
The Applicant has prepared a Water Quality Management Plan (WQMP) and will be
required to comply with all NBMC requirements related to water quality.
e. The site can be adequately served by all required utilities and public services.
The Project site is developed with an existing similar use. The reduction in beds and
improved design will likely have a net decrease in the use of utilities and public
services. The City currently services the site with water and sewer via mains that run
through an easement on the adjacent property to the west. The Gas Company and
Southern California Edison will continue to service the site through existing
connections. Fire and police protection facilities and services are located off 32nd
Street on the Balboa Peninsula and Santa Barbara Drive in Newport Center.
Therefore, the site can be adequately served by all required utilities and public
services.
SECTION 3. REQUIRED FINDINGS.
Lot Merger
In accordance with NBMC Section 19.68.030 (Lot Mergers), the following findings and facts in
support of such findings are set forth:
Finding:
A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons residing
or working in the neighborhood of such proposed use or be detrimental or injurious to
property and improvements in the neighborhood or the general welfare of the City, and
further that the proposed lot merger is consistent with the legislative intent of this title.
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Facts in Support of Finding:
1. The Lot Merger will combine three existing parcels by removing interior lot lines between
them and will not result in the creation of additional parcels.
2. The Project is in an area with an average slope of less than 20 percent.
3. The Lot Merger is consistent with the purpose and intent of NBMC Title 19
(Subdivisions), identified in NBMC Subsection 19.04.020 (Purpose and Applicability).
The Lot Merger will ensure all development is contained within the Property and there
is no construction crossing legal property lines.
4. The Project is subject to the Zoning Code development standards, which are intended
to promote orderly development, protect neighborhood character, and preserve public
health, safety, and general welfare of the City.
B. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding:
The three parcels to be merged are under common fee ownership, as evidenced by the Title
Report submitted with the application.
C. The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating to the
subject property including, but not limited to, the General Plan and any applicable
Coastal Plan or Specific Plan.
Facts in Support of Finding:
The merged parcels will retain the PI General Plan Land Use and Zoning Code
designations, which are consistent and compatible with the surrounding area. The PI
desinations are intended to provide for areas appropriate for privately owned facilities that
serve the public, including places for assembly/meeting facilities (e.g., religious assembly),
congregate care homes, cultural institutions, health care facilities, marinas, museums,
private schools, yacht clubs, and comparable facilities.
2. The Project complies with the maximum floor area ratio (FAR) of 0.75 allowed for
properties within the PI designations.
3. The Property is not located within the coastal zone or in a specific plan area.
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4. Table 2-15 (Development Standards for Private Institutional Zoning District) within NBMC
Chapter 20.26 (Special Purpose Zoning Districts) does not have lot area or dimensional
requirements for newly created parcels within the PI District. The Lot Merger will combine
three underlying legal parcels into a single building site where exisitng development is
located. The overall size of the property (approximately 3.7 acres) is not changing as a
result of the Merger.
5. The three existing parcels divide the development with the exisitng northerly building
constructed over a legal lot line. Merging the parcels would consolidate underlying parcels
and create one building site (i.e., a new parcel) for redevelopment with the Project.
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger.
Fact in Support of Finding:
Legal access is provided from Hospital Road, Patrice Road, and Hilaria Way, and will remain
unchanged. The site does not currently provide access to any other properties. Thus, no adjoining
parcels will be deprived of legal access as a result of the merger.
Finding:
E. The lots as merged will be consistent with the pattern of development nearby and will
not result in a lot width, depth or orientation, or development site that is incompatible
with nearby lots. In making this findings, the review authority may consider the following:
i. Whether the development of the merged lots could significantly deviate from the
pattern of development of adjacent and/or adjoining lots in a manner that would
result in an unreasonable detriment to the use and enjoyment of other properties.
ii. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
J . n . . Whether the merged lots would be conforming or in greater conformity with the
minimum lot width and area standards for the zoning district
Facts in Support of Finding:
1. Pro ' perties adjacent to Newport Boulevard consist of nonresidential lots of varying
shapes and sizes. Although the proposed lot merger will create a larger lot, it will not
create an excessively large lot in comparison to many of the existing nonresidential lots
in the area. The Hoag Hospital site (1 Hoag Drive) is to the south with approximately
17.53 acres in area. To the north are the Flagship Health Care site (466 Flagship Road)
with approximately 1.34 acres in area and the Hoag Health Care campus (500 Superior
Avenue) with approximately 13.70 acres in area. To the west is the Newport Lido
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Medical Center site (351 Hospital Road) with approximately 3.62 acres in area. There
are also residentially zoned lots to the west, which are inherently smaller due to the
typical pattern of development for residential neighborhoods.
2. Although the current configuration contains multiple parcels, the property is used as a
single development site consisting of two buildings containing a 340 -bed convalescent
and congregate care facility. The Project will redevelop the site into a single building that
improves the efficiency of the use, as well as the aesthetics of the area. As a result, the
proposed merger will not result in a negative visible change in character to the
neighborhood and will continue to allow the property to be used for a private institutional
use. The overall size of the property will remain the same.
3. Orientation and access to the'parcel would remain from Hospital Road, Patrice Road,
and Hilaria Way. Thus, the resulting lot configuration will not change the existing pattern
of development in the area.
4. See Fact in Support of Finding C3 above.
Waiver of Parcel Map
In accordance with NBMC Section 19.08.030(A)(3) (Waiver of Parcel Map Requirement), the
Planning Commission may approve a waiver of the parcel map requirement in cases where no
more than three parcels are eliminated. The following finding and facts in support of such
finding are set forth:
F. The proposed division of land complies with requirements as to area, improvement and
design, flood water drainage control, appropriate improved public roads and property
access, sanitary disposal facilities, water supply availability, environmental protection,
and other applicable requirements of this title, the Zoning Code, the General Plan, and
any applicable Coastal Plan or Specific Plan.
Facts in Support of Finding:
1. Approval of the proposed Lot Merger would remove the existing interior lot lines and allow
the property to be utilized as a single development site. The proposed lot would comply
with all design standards and improvements required for new subdivisions by Title 19, the
Zoning Code, and General Plan.
2. The Property is not located within the coastal zone or a specific plan area.
3. The proposed Lot Merger combines the properties into a single parcel of land and does
not result in the elimination of more than three parcels.
4. The Property is accessible from Hospital Road, Patrice Road, and Hilaria Way and is
served by all of the necessary public utilities.
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Major Site Development Review
In accordance with NBMC Subsection 20.52.080(F) (Findings and Decision), the following
findings and facts in support of such findings are set forth:
G. The proposed development is allowed within the subject zoning district.
Fact in Support of Finding:
The Property is located within the Private Institutions (PI) Zoning District, which allows for
congregate care homes and convalescent facilities subject to the approval of a minor use
permit. NBMC Chapter 20.70 (Definitions) defines convalescent facilities as establishments
that provide care on a 24-hour basis for persons requiring regular medical attention. In this
case, the convalescent facility is in the form of a 43 -bed memory care facility for Alzheimer and
dementia patients. Congregate care is defined as housing built specifically for the elderly that
provides services, such as an on-site meal program, housekeeping, laundry, social activities,
and transportation. In this case, there will be 152 beds for congregate care with various shared
amenities and services provided. The total number of beds between the two components will
be 195 within 169 rooms.
Finding:
H. The proposed development is in compliance with all of the following applicable criteria:
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;
ii. The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent developments, and whether
the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces,
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance with
Section 20.30. 100 (Public View Protection).
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Facts in Support of Finding:
The Private Institutions (PI) designation is intended to provide for privately owned
facilities that serve the public, including places for religious assembly, private schools,
health care, cultural institutions, museums, yacht clubs, congregate homes, and
comparable facilities. The Project will improve an existing use as a convalescent and
congregate care facility, which is directly in line with the spirit and intent, as stated in the
General Plan Land Use Element.
2. Two General Plan Land Use Element Policies relate to this type of Project:
a. Land Use Element Policy LU6.1.2 (Siting of New Development). Allow for the
development of new public and institutional facilities within the City provided that
the use and facilities are compatible with adjoining land uses, environmentally
suitable, and can be supported by transportation and utility infrastructure.
The Project will improve an existing use that has not proven detrimental since it
commenced operation in the late 1960s and early 1970s. Surrounding land uses
include medical offices, convalescent facilities, multi -family residential and Hoag
Hospital. The new construction will comply with all requirements. Although the
Project includes an increase in floor area, the amount of beds will be reduced and
additional amenities for its clients will be provided. As a result, the intensity of use
is being reduced from the current state. All existing streets and utilities are
sufficient to support the Project.
b. Land Use Element Policy LU6.1.3 (Architecture and Planning that Complements
Adjoining Uses). Ensure that the City's public buildings, sites, and infrastructure
are designed to be compatible in scale, mass, character, and architecture with
the district or neighborhood in which they are located, following the design and
development policies for private uses specified by this Plan. Design impacts on
adjoining uses shall be carefully considered in development addressing such
issues as lighting spillover, noise, hours of operation, parking, local traffic
impacts, and privacy.
The project is located adjacent to the Hoag Hospital and its upper campus, as
well as the Newport Lido Medical Center, which are institutional uses. It is also
near an existing residential community; however, the design maintains a setback
of at least 35 feet to the nearest residentially zoned property. The majority of the
redeveloped southerly building will also be set back approximately 60 feet from
the property line abutting the Newport Boulevard right-of-way. The project is
improving an existing facility with construction that will comply with all current
regulatory requirements while reducing the overall bed count, such that any
potential impacts should be minimized. A lighting plan has not been finalized.
Conditions of Approval Nos. 26 and 27 help mitigate any potential impacts on
adjoining properties related to lighting spillover. Outdoor living areas adjacent to
the residential neighborhood are minimized, which will help provide privacy for
occupants of the facility, as well as for the nearby residents. The larger courtyard
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areas are internal and are buffered by the first and second floors of the building,
which will help to provide sound attenuation. Conditions of Approval Nos. 7 and
8 limit allowable hours for routine deliveries and trash pick-up, as well as visitors
to the facility, which will help to ensure the hours are compatible with the adjoining
neighborhood. All required parking is provided on-site. If there are any issues
with parking in the future; Condition of Approval No. 6 ensures appropriate
review. The average number of daily trips to this type of facility is determined by
the number of beds. Inasmuch as the existing 340 beds are being reduced to 195
beds as part of the project, there is a calculated reduction of average daily trips
to the site and thus, no foreseeable local traffic impact.
3. The proposed structure will maintain a similar footprint to that of the existing buildings.
The total gross floor area will be 119,543 square feet, which is compliant with the
maximum floor area ratio (FAR) of 0.75 allowed (i.e., 119,637 square feet). The Project
includes approximately 42,000 square feet of landscape area, which has been designed
to meet NBMC Chapter 14.17 (Water -Efficient Landscape) requirements with respect to
water efficiency. Although a photometric survey has not been provided, lighting of the
building is conditioned to meet the requirements of the NBMC to mitigate impacts to
neighboring properties.
4. The proposed structure complies with the maximum height of 32 feet for a flat roof and
37 feet for a sloped roof. All mechanical equipment on the rooftop will be screened in
compliance with NBMC Subsection 20.30.020 (Buffering and Screening).
5. The proposed structure is required to comply with all Building and Fire Codes. The
facility is required to obtain a license from the Department of Social Services (DSS) of
the State of California for its operation.
6. The Project will create a modern and updated appearance with building materials and
finishes that include stucco in varying beige tones, weathered wood accents, and
anodized bronze trim for all windows and doors.
7. Site access, including the drive aisles, driveways, parking and loading spaces have all
been reviewed by the Public Works Department for adequacy, efficiency, and safety.
The Project design complies with the required parking ratio of one parking space- for
every three beds (i.e., 195 beds / 3 = a minimum of 65 parking spaces).
8. Although there are no required setbacks identified in the development standards for the
Private Institutions (PI) District, the Project is designed such that the buildings are set
back a minimum of approximately 35 feet from the adjacent residential properties. The
setback area will be improved with parking areas, landscaping, and site walls to help
buffer the site from adjacent residential offices uses, as well as the public right-of-way.
9. All facility operations including, but not limited to, visiting hours and delivery hours to the
facility are limited by the conditions of approval to help mitigate potential impacts to the
adjacent residential neighbors.
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10. The Project site does not have the potential to obstruct public views from public view
points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the
Pacific Ocean, Newport Bay and Harbor, offshore islands, the Old Channel of the Santa
River (the Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic
structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and
permanent passive open space. The Project is not located near any public view points
and there are no designated public views through or across the site.
Finding:
The proposed development is not detrimental to the harmonious and orderly growth of
the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of person residing or working in
the neighborhood of the proposed development
Facts in Support of Finding:
A structure of similar size, scale, and use has existed at this location since the late 1960s
and early 1970s. The Project will improve the site with construction that complies with
all current requirements and will reduce the overall amount of beds. Temporary
construction impacts will be mitigated through best available control measures
(BACMs).
2. Conditions of approval are included to help ensure any potential impacts are limited,
including, but not limited to:
a. Conditions of Approval Nos. 26 and 27 require all outdoor lighting to meet the
requirements of the Zoning Code, prohibiting light and glare spillage from the
facility to the adjacent properties.
b. Condition of Approval No.7 limits delivery and commercial trash pick-up hours to
the facility to mitigate potential impacts to the adjacent neighbors.
c. Condition of Approval No. 8 limits visiting hours to the facility to mitigate potential
impacts to the adjacent neighbors.
d. The noise from a convalescent and/or congregate care facility is typically low.
Condition of Approval No. 29 helps to ensure that the use will comply with NBMC
Chapter 10.26 (Community Noise Control).
3. The Project would improve an existing use and continue to provide a needed service for
the aging population, which comprises almost 25 percent of the City's total population
according to latest available American Community Survey (ACS) data.
4. See Fact in Support of Finding H(2) above.
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Grade Establishment
In accordance with NBMC Subsection 20.30.050(C), the Director may establish an appropriate
grade for the purpose of measuring height when the existing grade has been previously altered
to the degree that the existing grade is not representative of the prevailing grades of the general
area. Pursuant to NBMC Section 20.50.030 (Multiple Permit Applications), multiple applications
for the same project shall be processed concurrently, and shall be reviewed by the highest
review authority designated by the NBMC for any of the applications. In this case, the Planning
Commission has determined the height of the buildings to be measured from 77.34 feet North
American Vertical Datum of 1988 (NAVD88) based on the following findings and facts in
support of those findings:
J. The existing grade on the subject lot has been previously altered (e.g., contains retaining
structures, property line walls, planters, or excavation/fill), or other conditions are
present to the degree that the existing grade is not representative of the prevailing
grades on adjoining lots and/or the general area and, therefore, is not appropriate for
the purpose of establishing the grade of the subject lot.
Facts in Support of Finding:
1. The property was significantly altered in 1968, with construction of the southerly building
and in 1970, with construction of the northerly building. Several retaining structures and
grading improvements have been in place since this time. An easement area containing
a City storm drain bisects the northerly and southerly buildings, which was created by
removing soils and infilling soils to create a gravitational flow carrying storm waters in
the underground pipe. This grading artificially lowered the grade in the middle of the
project site and artificially lowers the grade plane when using the standard methodology
to determine grade. The property slopes gradually upward from Hospital Road to the
north, away from the Pacific Ocean and sharply upward from Newport Boulevard;
however, the majority of the existing grade is flat and lower than the adjacent residential
and commercial properties to the west. The finished floor elevation of the proposed
structure is, 77.34 feet North American Vertical Datum of 1988 (NAVD88), which is
comparable to the existing building's finish floor elevation of 77.38 feet (NAVD88).
Without this grade establishment, the grade at the northeastern corner of the southern
building would be approximately 50.50 feet (NAVD88).
2. Measuring height from the existing grade, specifically the on-site drainage areas
adjacent to the City storm drain and easement would not be appropriate due to the
artificially created drainage condition.
K. The grade is reasonable and comparable with the grades of adjoining lots and will not
be detrimental or injurious to property and improvements on adjoining lots.
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Fact in Support of Finding:
The requested established grade is reasonable because it will be generally lower than the
adjacent properties and will allow for redevelopment of the site with an improved structure using
a flat uniform grade plan. Project design includes a greater setback to Newport Boulevard than
the existing building, of which the majority is only setback approximately 20 feet; therefore, the
massing will be buffered from the Newport Boulevard frontage while maintaining a comparable
finish floor to the existing condition. Opposite Newport Boulevard, the Patrice Road street -end
has an average top of curb (TC) height of approximately 83.57 feet (NAVID88) and further north,
the Hilaria Road street -end has an average TC of 84.17 feet (NAVD88). Accordingly, the
proposed development will be measured from a grade lower than the adjacent residential
streets.
Minor Use Permit
In accordance with NBIVIC Section 20.52.020(F), the following findings and facts in support of
such findings for a minor use permit are set forth:
Finding:
L. The use is consistent with the General Plan and any applicable specific plan;
Fact in Support of Finding:
The Project is consistent with the General Plan. See all Facts in Support of Findings H and I
above.
M. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Fact in Support of Finding:
The Project complies with all Zoning Code and NBIVIC development standards including, but
not imited to, height, floor area, parking, and landscaping. See all Facts in Support of Findings
G and H above.
N. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
Facts in Support of Finding:
The Project will improve an existing use by demolishing the southerly building and
constructing another building in its place with a similar footprint that connects to the
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remodeled northerly building. The improvements will modernize and comprehensively
upgrade the general appearance of all structures on the site.
2. The Property is immediately adjacent to the Newport Lido Medical Center to the west
and Hoag Hospital to the south across Hospital Road, which are both sizeable
institutional uses with taller buildings ranging from approximately 57 feet to 235 feet in
height (above mean sea level). The Project complies with the maximum height
limitations identified in the Private Institutions (PI) District and has been designed such
that it will be compatible with the adjoining land uses. Multi -family condominiums in the
Multi -Unit Residential (RM) District are abutting the Project site to the west above the
Newport Lido Medical Center site. All proposed construction will maintain a similar
footprint to the existing development and will be set back a minimum of approximately
35 feet from the property lines abutting the residential uses.
3. The existing 1960s and 1970s facility provides 340 beds. The Project will continue
providing combined congregate care and convalescent facility services with 195 beds
(i.e., a reduction of 145 beds). The net reduction in beds will reduce the number of users,
visitors, employees, and vehicular trips to and from the site.
4.` See all Facts in Support of Finding I above.
O. The site is physically suitable in tem7s of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities, and
Facts in Support of Finding:
1. The merged Project site will be approximately 3.7 acres in area. Access to and from the
site will continue to be provided by Hospital Road, Patrice Road, and Hilaria Way.
2. The Project site provides adequate parking and circulation including turn -around areas
for deliveries. Conditions of approval are included to ensure compliance with all the
circulation standards and the final plans are required to be reviewed and approved by
the Public Works Department.
3. Adequate emergency vehicle access has been incorporated into the Project design.
Conditions of approval are included to help ensure compliance with all emergency
vehicle access requirements and the final plans are required to be approved by the Fire
Department.
4. The Project site is developed with an existing similar use. The reduction in beds and
improved design will likely have a net decrease in the use of utilities and public services.
The City currently services the site with water and sewer via mains that run through an
easement on the adjacent property to the west. The Gas Company and Southern
California Edison will continue to service the site through existing connections.
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P. Operation of the use at the location proposed would not be 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 use.
Fact in Support of Finding:
See all Facts in Support of Finding I above.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby approves Lot Merger No.
LM2017-006, Major Site Development Review No. SD2017-007, Minor Use Permit No.
UP2017-029, and Staff Approval No. SA2018-004, subject to the conditions set forth in
Exhibit 'A" which is attached hereto and incorporated by reference.
2. The approval of Major Site Development Review No. SD2017-007, Minor Use Permit
No. UP2017-029,,and Staff Approval No. SA2018-004 shall become final and effective
14 days following the date this Resolution was adopted, and approval of Lot Merger No.
LM2017-006 shall become final and effective 10 days following the date this Resolution
was adopted, unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of NBMC Title 20 and/or Title 19.
3. This Resolution supersedes Use Permit No. UP1285, Use Permit No. UP1396, and
Modification Permit No. MD3054, which upon vesting of the rights authorized by this
application shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF MARCH, 2018.
AYES: Kleiman, Koetting, Lowrey and Weigand
NOES: None
ABSTAIN: Dunlap, Kramer and Zak
Fff *10 04 1 IN, 0=1 -
PeterlKoefti 1 91
BY:
Erik Weigand,
12-21-17
Planning Commission Resolution No. PC2018-009
Paae 15 of 22
EXHIBIT "A"
(Project -specific conditions are in italics)
Planning Division
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. All proposed signs shall be in conformance with the provisions of NBMC Chapter 20.42
(Signs).
3. Lot Merger No. LM2017-006, Major Site Development Review No. SD2017-007, Minor Use
Permit No. UP2017-029, and Staff Approval No. SA2018-004 shall expire unless exercised
within 24 months from the date of approval as specified in NBMC (Time Limits and
Extensions), unless an extension is otherwise granted.
4. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. This approval 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.
6. Any material changes in operational characteristics, including but not limited to the
following, may require an amendment to this use permit or issuance of a new use permit
as determined by the Community Development Director.
a. Expiration without renewal, or permanent loss of a Department of Social Services
(DSS) license as a Residential Care Facility for the Elderly (RCFE).
b. Change in on-site staffing that creates a deficiency in parking supply or results in
a parking impact to surrounding properties.
C. Increase in physical capacity of facility and changes in floor area of facility.
d. Request for amendment to any condition or conditions of approval.
7. Routine deliveries and commercial trash pickup at the site shall be limited to 9 a.m. to 5
p.m., Monday through Friday.
8. Visiting hours shall be limited from 7 a.m. to 11 p.m., daily.
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Planning Commission Resolution No. PC2018-009
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9. All employees shall park on-site.
10. The use shall be operated in compliance with applicable State and local laws.
11. The Operator shall comply with the Business License provisions of the Municipal Code.
12. The Operator shall provide and maintain public notice of the Regional DSS Office and
the Long -Term Ombudsman addresses and phone numbers for receiving inquiries and/or
complaints in reference to the operation of its facility.
13. The Operator shall not allow more than two residents in one bedroom.
14. Smoking on-site shall be restricted to a designated area that will prevent second-hand
smoke from traveling to the adjacent properties. This area shall be identified on the final
construction drawings.
15. Prior to the issuance of the final certificate of occupancy, the Operator shall obtain
approval of an RCFE license from the DSS and maintain a DSS license at all times for
the memory care facility.
16. On-site assembly -type amenities within the property are limited solely to use by the
residents of the facility and their visiting guests, and facility staff during their shift. .
17, Any and all medical waste generated through the operation of the facility shall be
disposed of in accordance with the NBMC, and all other laws and best industry standards
and practices.
18. 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.
19. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
20. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
21. 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 with
the provisions of Title 14; including all future amendments (including Water Quality
related requirements).
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22. 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.
23. Prior to issuance of building permits, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the file. The plans
shall be identical to those approved by all City departments for building permit issuance.
The approved copy shall include architectural sheets only and shall be reduced in size
to 11 inches by 17 inches. The plans shall accurately depict the elements approved by
Permit and shall highlight the approved elements such that they are readily discernible
from other elements of the plans.
24. Prior to the issuance of building permits, the Applicant shall submit a final 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 City Urban Forester and the Planning Division. The design shall comply
with NBMC Chapter 14.17 (Water -Efficient Landscaping).
25. 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.
26. The site shall be in compliance with Zoning Code Section 20.30.070. If in the opinion of
the Community Development Director, 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.
27. Prior to the issuance of building permits, the Applicant shall prepare photometric study in
conjunction with a final lighting plan for approval by the Planning Division. The survey
shall show that lighting values are "'I" or less at all property lines, unless otherwise
approved by the Community Development Director.
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. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NEMC. The maximum noise
shall be limited to no more than depicted below for the specified time periods unless the
ambient noise level is higher:
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Planning Commission Resolution No. PC2018-009
Page 18 of 22
30. 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.
31. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours
of noise -generating construction activities that produce noise to between the hours of 7
a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise -
generating construction activities are not allowed on Sundays or Holidays.
32. No outside paging system shall be utilized in conjunction with this establishment.
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. Prior to issuance of any 'building permit, the Applicant shall submit a construction
management and delivery plan to be reviewed and approved by the Public Works and
Community Development Departments. The plan shall include discussion of project
phasing; parking arrangements for both sites during construction (including construction
parking); anticipated haul routes; and construction mitigation. Upon approval of the plan,
the applicant shall be responsible for implementing and complying with the stipulations set
forth in the approved plan.
35. 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 Atria Senior Living Project including, but not limited to, the Lot Merger No.
2017-006, Major Site Development Review No. SD2017-007, Minor Use Permit No.
UP2017-029, and Staff Approval No. SA2018-004. 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.
UNIMM
Between the hours of 7 a.m. and
10 P.M.
Between the hours of 10 p.m.
and 7 a.m.
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
I
45dBA
I
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
30. 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.
31. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours
of noise -generating construction activities that produce noise to between the hours of 7
a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise -
generating construction activities are not allowed on Sundays or Holidays.
32. No outside paging system shall be utilized in conjunction with this establishment.
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. Prior to issuance of any 'building permit, the Applicant shall submit a construction
management and delivery plan to be reviewed and approved by the Public Works and
Community Development Departments. The plan shall include discussion of project
phasing; parking arrangements for both sites during construction (including construction
parking); anticipated haul routes; and construction mitigation. Upon approval of the plan,
the applicant shall be responsible for implementing and complying with the stipulations set
forth in the approved plan.
35. 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 Atria Senior Living Project including, but not limited to, the Lot Merger No.
2017-006, Major Site Development Review No. SD2017-007, Minor Use Permit No.
UP2017-029, and Staff Approval No. SA2018-004. 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.
UNIMM
Planning Commission Resolution No. PC2018-009
Paae 19 of 22
Fire Department
36. The Applicant is required to obtain all applicable permits from the City's Fire Department.
37. The grade of the fire apparatus access road shall be within the limits established by the
Fire Code Official based on the Fire Department's apparatus. As per Newport Beach
Amendments to the California Fire Code (CFC), the gradient for a fire apparatus access
road shall not exceed ten percent.
38. Emergency fire access roadways shall be designed as the Newport Beach Guideline
C.01 and C. 02. Emergency access roadways minimum street width shall be 20 feet with
no parking on either side. The width shall be increased to 26 feet within 30 feet of a
hydrant and no vehicle parking allowed. Parking on one side is permitted for streets that
are a minimum of 28 feet wide. Parking on both sides is permitted for streets that are a
minimum of 26 feet wide. Access roads shall have an unobstructed vertical clearance of
not less than 13 feet, 6 inches. See CFC Section 503.2.1.
39. Any obstruction in required fire access roadways such as speed humps or other traffic
calming measures, when approved by the Fire Code Official, shall be in accordance with
the Newport Beach Public Works Department's Neighborhood Traffic Management
Guidelines.
40. Approved vehicle access for firefighting shall be provided to all construction or demolition
sites. Vehicle access shall be provided to within 100 feet of temporary or permanent Fire
Department connections. Either temporary or permanent roads, capable of supporting
vehicle loading under all weather conditions, shall provide vehicle access. Said access
shall be maintained until permanent fire apparatus access roads are available.
41. The R2.1 occupancy shall be justified by specifying the proposed use of memory care
facility and the type of clients it serves.
42. Grounds of a residential care facility R2.1 may be fenced and equipped with locks
provided safe dispersal areas are located not less than 50 feet from the building.
Dispersal areas shall be sized to provide not less than three square feet per occupant.
43. Gurney -sized accessible elevator will be required with elevator recall as per CFC Section
607 and CBC Section 3002.
44. Fire flow shall be determined as per City of Newport Beach Guideline B.01. See CFC
507,.3.
45. Fire hydrants shall be provided and located within 400 feet of all portion of the building.
See CFC Section 507.5.1.
46. Any property that is fenced may obstruct existing fire hydrants; therefore, hydrants that
cannot be utilized due to fencing will not be considered usable with regard to fire flow
requirements for the new structure. See CFC Section 507.5.4.
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Planning Commission Resolution No. PC2018-009
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47. Public Safety Radio System Coverage will be required per CFC Section 510.1 and City
of Newport Beach Guideline D.05.
48. Standby power shall be provided for emergency responder radio coverage systems, as
required in CFC Section 510.4.2.3. The standby power supply shall be capable of
operating the emergency responder radio coverage system for a duration of not less than
24 hours. See CFC Section 604.2.3.
49. 1 Pursuant to the Amendment to CFC Section 604.8, provide and electrical outlets (120
volt, duplex) connected to the emergency generator circuitry system when a generator is
required by CFC Section 604.2 in every fire control room and in other areas as may be
designated by the Fire Code Official in the following locations:
a. In the main exit corridor of each floor adjacent to each exit enclosure;
b. On every level in every stairwell;
c. In each elevator lobby,
d. In public assembly areas larger than 1, 500 square feet;
e. In every fire control room; and
f. In such other areas, as may be designated by the Fire Code Official.
50. Licensed 24-hour care facilities in a Group R-2.1, R-3.1 or R-4 occupancy shall comply
with CBC Section 435 for special provisions for licensed twenty-four hour care facilities
in a Group R-2.1, R-3.1 or R-4 occupancy.
Building Division
51. The Applicant is required to obtain all applicable permits from the City's Building Division.
The construction plans must comply with the 2010 California Building Code. The
construction plans must meet all applicable State Disabilities Access requirements.
52. The Applicant shall employ the following best available control measures ("BACMs") to
reduce construction -related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 m.p.h.
Emissions
• Require 90 -day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off -Site Impacts
• Encourage carpooling for construction workers.
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Planning Commission Resolution No. PC2018-009
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• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve 10 percent soil moisture content in the top
six-inch surface layer, subject to review/discretion of the geotechnical engineer.
53. Prior to issuance of grading permits, the Applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed Project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur.
54. A list of "good housekeeping" practices will be incorporated into the long-term post -
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of storm water away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
Public Works Department
55. An encroachment permit is required for all work activities within the public right-of-way.
56. All improvements shall comply with the City's sight distance standard STD -110-L.
57. In case of damage done to public improvements surrounding the development site by the
private construction, said damage shall be repaired and/or additional reconstruction
within the public right-of-way may be required.
58. The Applicant shall reconstruct all damaged andlor broken existing curb, gutter, sidewalk
and street along the Patrice Road (approximately 120 -foot length) and Hilaria Way
(approximately 100 -foot length) cul-de-sac property frontages. Specifically, the Applicant
shall reconstruct the sidewalk along Hilaria Way and Patrice Road. The reconstruction
shall be designed such that there is a 4 -foot -wide accessible path around the sloped
portion of the driveways and alley approaches.
IMAM
Planning Commission Resolution No. PC2018-009
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59. The Applicant shall reconstruct the existing storm drain line between the two buildings,
from Manhole Number 02-007 to the existing terminus adjacent to the Caltrans V -gutter.
Storm drain pipe shall be a minimum of 24 -inches in diameter. The alignment and extent
shall be subject to approval by the Public Works Department. Additional easements may
be necessary to accommodate the proposed alignment.
60. The awning and supports between the two buildings over the existing storm drain
easement shall be removable. The awnings shall provide a minimum 14 -feet vertical
clearance. Final design shall be subject to approval by the Public Works Department.
Prior to installation, an encroachment permit and encroachment agreement shall be
obtained.
61. Prior to building permit issuance, the existing balconies on the 4000 Hilaria Way property
shall be modified such that they no longer encroach into the existing storm drain
easement.
62. No structural encroachments, including but not limited to shoring, caissons, tiebacks,
retaining walls and walls are permitted within the existing City easements or public rights-
of-way.
63. An encroachment permit and encroachment agreement are required for all decorative
paving within City easements and public rights-of-way. The decorative paving shall be
consistent with City Council Policies L-6 and L-18.
64. The parking layout shall comply with City Standards STD -805 -L-A and STD -805 -L -B.
65. The Applicant shall reconstruct the driveway approach along the Patrice Way frontage
per City Standard STD -160 -L-A. The reconstruction shall be designed such that there is
a 4 -foot -wide accessible path around the sloped portion of the driveway.
12-21-17