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HomeMy WebLinkAbout1626 - APPROVE UP AND TS_494/496 OLD NEWPORT BLVDRESOLUTION NO. 1626 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -043 AND TRAFFIC STUDY NO. 2004 -001 FOR PROPERTY LOCATED AT 4941496 OLD NEWPORT BOULEVARD (PA2003 -252). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Robert Lawrence, with respect to property located at 4941496 Old Newport Boulevard and legally described as Tract No. 27, Lots 7 and 8, that portion of Old Newport Boulevard abutting said lots vacated by resolution No. 99 -54 and a portion of the Orange Avenue right of way under consideration for vacation, requesting approval of Use Permit No. 2003 -043 and Traffic Study No. 2004 -001 to authorize the development of a new 12,500 square foot medical office building that exceeds the permitted 0.5 Floor Area Ratio and the permitted building bulk on an 18,418 square foot commercial site lot. The application also requests approval of a traffic study pursuant to the requirements of the Traffic Phasing Ordinance and approval of an off- street parking credit for parking spaces provided on- street pursuant to Section 20.46.040(L). Section 2. A public hearing was held on March 4, 2004 at the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, Califomia. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows 1. The Land Use Element of the General Plan designates the site for Retail and Service Commercial uses. Medical office buildings are permitted uses within this category. 2. The proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. The project will be of similar nature to existing professional office uses on Old Newport Boulevard. Although the project abuts residential development to the east, the new structure maintains the required setbacks and does not exceed the maximum height limit. As indicated in the Traffic Study, the development will not individually or cumulatively cause significant traffic impacts to the adjacent streets or intersections. Planning Commission Resolution No. _ Paqe 2 of 8 c. The development of a professional medical office building is consistent with the goals of the Old Newport Specific Plan commercial district. d. The 18,418 square foot project site is of adequate size to support the building and the scale of an 11,750 square foot building is appropriate for this location due to it's corner location and lower finished floor elevation than the adjoining residential properties. e. The increased FAR and building bulk, including above grade covered parking, will not result in significant impairment of public views since the additional building bulk and floor area are accommodated within the buildable envelope of the site and no increase in building height is sought in conjunction with the application. Additionally, there are no scenic public views through or across the property. f. The office development and design is superior to that of the existing auto repair retail and residential development currently existing on the site. g. As conditioned, the project meets all development standards, other than floor area ratio and building bulk, specified by the Old Newport Boulevard Specific Plan including setbacks, landscaping, building height and required parking. h. The City Traffic Engineer has determined that the site design provides adequate vehicular access and circulation. 3. A traffic study, entitled Traffic Impact Analysis for 4941496 Old Newport Boulevard, Newport Beach, California (LSA Associates, February 18, 2004), was prepared for the project in compliance with Chapter 15.40 of the Municipal Code (Traffic Phasing Ordinance). a. The traffic study determined that the project will contribute less than a 1 % increase in traffic at six (6) of the eight (8) intersections examined and therefore no mitigation is required for those. b. The traffic study determined that the project will not cause the level of service to decline at the two (2) intersections where there will be an increase of more than 1% in traffic volume and therefore no mitigation is required. 4. The proposed use will comply with the provisions of the Zoning Code, unless so modified by this Use Permit, including any specific conditions required for the proposed use in the district in which it would be located. 5. The project qualifies for a Class 3 categorical exemption from CEQA (New Construction or the Conversion of Small Structures) as the project will result in less than a 10,000 square foot (net) increase over what exists on the site, all public services and utilities are provided and the site is not environmentally sensitive. Planning Commission Resolution No. 3of8 Section 4. Based on the findings above, the Planning Commission hereby approves Use Permit No. 2003 -043 and Traffic Study No. 2004 -001 subject to the conditions of approval set forth in Exhibit "A." Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 4h DAY OF MARCH 2004. AYES: Cole, Toerge, McDaniel, Selich, Kiser and Tucker NOES: Eaton Earl McDaniel, Chairman BY: Michael Toerge, Secretary Planning Commission Resolution No. Paqe 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003-043 & TRAFFIC STUDY NO. 2004-001 Planning Department The development shall be in substantial conformance with the approved site plan, floor plans, roof plan, elevations and sections dated February 26, 2004, landscape plans dated February 10, 2004 and grading plans dated January 29, 2004 except as specified below: The maximum FAR permitted is 0.637 (11,750 gross square feet). b. The maximum building bulk permitted is 1.193 (21,980 square feet) C. An off - street parking credit is granted only for the two (2) on- street parking spaces located on Old Newport Boulevard. The three (3) on- street parking spaces shown along Orange Avenue are not included in the off - street parking credit approval. 2. Prior to issuance of building permits. City Council approval of the pending Orange Avenue right of way vacation shall be received and the property conveyed to the property owners. Should the City Council not approve the proposed Orange Avenue street vacation this Use Permit is null and void. 3. Use Permit No. 2003 -0043 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 6. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. The project shall comply with State Disabled Access requirements, including handicapped parking requirements. Planning Commission Resolution No. Page 5 of 8 8. 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 permit. 9. The establishment shall comply with all applicable Federal, State, County and City water quality regulations for the life of this Use Permit. 10.All mechanical equipment including roof top mounted equipment shall be screened from view of adjacent properties and adjacent public streets. Also, the equipment shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 11. Prior to the issuance of building permits Lot Line Adjustment No. 2003 -042 must be recorded with the Orange County Recorder's Office. 12. Prior to the issuance of building permits, the trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls and have a self closing, self latching gate, 13. Prior to the issuance of a building permits the applicant shall submit a landscape and irrigation plan, prepared by a licensed landscape architect. The plans are required to fully comply with the development standards outlined in Section 20.46.040(L) of the Old Newport Boulevard Specific Plan. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 14. Prior to the final of building permits, the applicant shall schedule an inspection by the Code Enforcement and Water Quality Division to confirm that all landscaping was installed in accordance with the approved plan. 15.All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landsca a healthy and growing condition and , trimming. All landscaped areas shall systems shall be kept operable, includl as part of regular maintenance. The it such a manner that no sidewalk will be >e plan. All landscaped areas shall be maintained in hall receive regular pruning, fertilizing, mowing and be kept free of weeds and debris. All irrigation ig adjustments, replacements, repairs, and cleaning igation systems shall be positioned and adjusted in oversprayed by landscape irrigation. 16. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. Planning Commission Resolution No. _ Page 6 of 8 "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures. 17. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. 18. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement and Water Quality Division to confirm control of light and glare. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 19. Prior to the issuance of a grading or building permits, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Building Department and Public Works Department. 20.The on -site storm drain system shall be privately maintained in accordance with the approved Water Quality Management Plan for the duration of the approved use. 21. During the construction phase the project applicant shall exercise special care to prevent any offsite siltation. Project applicant shall properly maintain all temporary erosion and sediment control measures until the Building Department approves the removal of said measures. 22.Applicant shall ensure that all construction contractor and subcontractor personnel are made aware of the required best management practices and good housekeeping measures for the project site and any associated construction lay -down areas. No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to tidal erosion or dispersion. 23.All construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into coastal waters by wind, rain, or tracking. Planning Commission Resolution No. Page 7 of 8 Building Department 24. Prior to the issuance of a certificate of occupancy permit, all improvements shall be constructed in a manner meeting the approval of the Building Department. 25. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 26.The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Newport Beach Building Department and the Fire Department. 27.A geotechnical report will be required with the submittal of construction drawings for plan check. The project shall comply with any mitigation measures contained in said report and the requirements of the Newport Beach Building Department. Fire Department 28.A fire protection system, including automatic fire sprinklers and fire sprinkler monitoring, acceptable to the Fire Department is required. 29.A fire alarm is required if the use is classified as an "I" occupancy. 30. Prior to the issuance of building permits, the elevator size shall be approved by the Newport Beach Fire Department. The elevator shall be of sufficient size to accommodate a gurney. Public Works 31.AII improvements shall be constructed as required by Ordinance and the Public Works Department. 32. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street tress shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and Public Works Department. 33.Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to the completion of the public improvements. 34. Prior to the issuance of building permits, the final landscaping plans shall be subject to the review and approval of the City Traffic Engineer to verify the plantings will not impede vehicular sight distance. 35. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. Planning Commission Resolution No. _ Paae 8 of 8 36. Public Works Department plan check fees shall be paid. 37.Any Edison transformers serving the site shall be located outside the sight distance planes as described in City Standard 110 -L 38. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 39. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 40. Prior to the final of building permits, a minimum of four parking spaces (two on each side of the drive aisle) adjacent to the dead -end drive aisle east of the lobby area shall be striped and signed as reserved for the use of employees only as revised by conditions of approval. 41. Prior to the issuance of building permits, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. The location, number and dimensions of the parking spaces shall be in substantial conformance with the approved site plan dated February 26, 2004 as revised by conditions of approval. 42. Prior to the issuance of building permits, the final design of all approved off -site parking, shall be subject to the approval of the Traffic Engineer. The location, number and dimensions of the parking spaces shall be in substantial conformance with the approved site plan dated February 26, 2004 as revised by conditions of approval. 43. Prior to the issuance of building permits, the final landscaping plans shall be subject to the review and approval of the City Traffic Engineer to verify the plantings will not impede vehicular sight distance.