HomeMy WebLinkAbout1747 - APPROVE UP AMENDMENT AND TS IN COMPLIANCE WITH THE TRAFFIC PHASING ORDINANCE _ HOAG HEALTH CENTER_500-540 SUPERIOR AVERESOLUTION NO. 1747
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AN AMENDMENT
TO USE PERMIT NO. 2006 -010 AND FINDING THE
PREPARATION OF TRAFFIC STUDY NO. 2007 -002 IN
COMPLIANCE WITH THE TRAFFIC PHASING ORDINANCE
FOR HOAG HEALTH CENTER LOCATED AT 500 -540
SUPERIOR AVENUE (PA2007 -013).
WHEREAS, an application was filed by Newport Beach Healthcare Center, LLC
requesting approval of an amendment to Use Permit No. 2006 -010 and Traffic Study No.
2007 -002, with respect to properties located at 500.540 Superior Avenue, west of
Newport Boulevard, east of Superior Avenue, and north of Dana Road, to: 1) convert
232,414 square feet of general office and research and development (R &D) floor area
to medical office use; and, 2) authorize the construction of an additional 20,586 square
feet of medical office space, for a total of 350,000 gross square feet of medical office
floor area. Additionally, a traffic study has been prepared pursuant to the City of
Newport Beach Traffic Phasing Ordinance (TPO); and
WHEREAS, a public hearing was held on November 15, 2007, in the City Hall
Council Chambers, 3300 Newport Boulevard, New Beach, California..A notice of time,
place and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting; and
WHEREAS, the project was continued from the November 15, 2007, public
hearing as a result of a new significant impact that was identified requiring recirculation
of a limited portion of the Draft Environmental Impact Report (DEIR) for an additional
45-day public review period; and
WHEREAS, a public hearing was held on January 17, 2008, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting; and
WHEREAS, the Final Environmental Impact Report (State Clearinghouse No.
2006101105) certified by the Planning Commission identifies potential significant
impacts to the environment and certain mitigation measures designed to reduce or
avoid these impacts to a less than significant level, and adopts a statement of overriding
considerations for two significant unavoidable impacts; and
WHEREAS, the Planning Commission finds that judicial challenges to the City's
CEQA determinations and approvals of land use projects are costly and time
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consuming. In addition, project opponents often seek an award of attorneys' fees in
such challenges. As project applicants are the primary beneficiaries of such approvals,
it is appropriate that such applicants should bear the expense of defending against any
such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and
damages which may be awarded to a successful challenger; and
WHEREAS, the General Plan includes goals and policies related to development
within the City. Land Use Goal 6.6 (LU 6.6) promotes medical service uses that support
Hoag Hospital and facilitates residential development in the West Newport Mesa area.
Policy LU 6.6.1 (Hospital Supporting Uses Integrated with Residential Neighborhoods)
states: "Prioritize the accommodation of medical - related and supporting facilities on
properties abutting the Hoag Hospital complex [areas designated as "CO-M (0.5)"
(Figure LU 18, Sub Area A)7 with opportunities for new residential units [areas
designated as "RM (18/ac)7 and supporting general and neighborhood - serving retail
services [CG (0.75)" and "CN (0.3)7, respectively, Project implementation is consistent
with the policy as it results in the conversion of existing general office and research &
development floor area to medical office floor area to support Hoag Hospital.
Implementation of the project would not compromise the character and /or integrity of the
mixed uses with the West Newport area and is consistent with the Land Use Element;
and
WHEREAS, a traffic study for the proposed project has been prepared in
compliance with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach
Municipal Code with the following findings and considerations:
1. A traffic study, entitled, "City of Newport Beach, Hoag Healthcare Center Traffic
Impact Analysis (Revised) dated September 5, 2007" was prepared by Kunzman
Associates for the project in compliance with Chapter 15.40 of the Municipal
Code (Traffic Phasing Ordinance).
2. Trip generation rates were developed from two sources. The City of Newport
Beach trip generation rates are derived from the Newport Beach Traffic Analysis
Model ( "NBTAM ") and were used for analysis of Newport Beach intersections.
The City of Costa Mesa trip generation rates are derived from the Institute of
Transportation Engineers, Trip Generation, 74^ Edition (2003) and were used for
evaluation of Costa Mesa intersections. The Traffic Phasing Ordinance ( "TPO ")
analysis was required only for primary intersections in the City of Newport Beach.
For the purposes of studying the cumulative impacts, the traffic study analyzed
intersections in the City of Costa Mesa, utilizing the ITE trip generation rates.
The traffic study indicates that the project will increase traffic on all fourteen of
the study intersections in the City of Newport Beach by one percent (1 %) or more
during peak hour periods one year after the completion of the project.
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4. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the
Traffic Phasing Ordinance, the traffic study determined that the fourteen primary
intersections identified will continue to operate at satisfactory levels of service as
defined by the Traffic Phasing Ordinance, and no mitigation is required.
Based on the weight of the evidence in the administrative record, including the
traffic study, the 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.
6. Construction of the project will be completed within sixty (60) months of this
approval, or the preparation of a new traffic study will be required.
WHEREAS, a use permit to allow the full conversion of the site to medical office
use has been prepared and approved in accordance with Section 20.91.035 of the
Newport Beach Municipal Code based on the following findings and facts in support of
such findings:
Finding: That the proposed location of the use is in accord with the objectives of this
code and the purposes of the district in which the site is located of the use is in
accord with the objectives of this code and the purposes.
Facts in Support of Finding:
a. The project is located in the M -1 -A (Controlled Manufacturing) Zoning District,
which provides for a wide range of moderate to low intensity industrial uses and
limited accessory and ancillary commercial and office uses. Business and
Professional Office uses are permitted within the M-1 -A zone, with the exception
that medical offices require the approval of a use permit. Otherwise, there are
no specific operational criteria for medical office uses in the Zoning Code.
Therefore the proposed project is consistent with this designation and complies
with all development standards.
b. The City is currently in the process of updating the Zoning Code for consistency
with the recently adopted General Plan. The proposed zoning designation for
the site is OM (Office - Medical), which is intended to provide for medical- related
offices, other professional offices, retail, short-term convalescent and long -term
care facilities. Medical office uses are anticipated to be permitted by right within
this new OM designation; therefore, the project should not conflict with future
zoning implementation.
2. Finding: That 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
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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.
Facts in Support of Finding:
a. The proposed medical office use, pursuant to the conditions of approval, is
consistent with the Medical Commercial Office (CO -M) land use designation
of the General Plan Land Use Element, which provides primarily for medical -
related offices, other professional offices, retail, short-term convalescent and
long -term care facilities, research labs, and similar uses. The proposed
overall total gross floor area of the site is consistent with the 350,000 square
foot development limitation assigned for the site.
The project has been conditioned to regulate the design and operation of
the use to minimize impacts to adjacent uses, as well as occupants of the
medical office buildings. Specifically, the project will not be detrimental to
the public for the following reasons:
The 232,414 square feet of general office and R &D floor area to be
converted to medical office floor area will be limited to interior
remodeling within the existing buildings with no changes to the exterior
appearance.
The future addition of 20,586 square feet of floor area is conditioned to
be limited within a building envelope located between two parking
structures with a height not to exceed the 32 -foot base height limit.
Given the location and height limitation of the proposed building
envelope in relationship to the existing buildings on -site, the new
building will be shielded from view from the residential developments to
the west and south, as well as any views from Newport Boulevard.
With the completion of the previously- approved parking structure, the
site will provide a total of 1,985 parking spaces on -site, exceeding the
minimum code requirement by 235 spaces, thereby providing sufficient
parking to accommodate the proposed project.
• The Traffic Engineering Department has reviewed the proposed shuttle
operation and has approved a route and operation that will avoid travel
on streets adjacent to residences and convalescent homes.
• The increased frequency in the number of the shuttle trips per hour will
serve to reduce personal vehicle trips between the hospital and the
proposed health center facilities. The reduction of personal vehicle
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trips would have the effect of further reducing potential traffic, noise
and air quality impacts.
The project has been conditioned to include installation of the traffic
signal at the main project driveway and completion of the related
roadway improvements (medians, striping, widening, planting) prior to
the issuance of certificate of occupancy for any permit that results in
the conversion equal to, or in excess of, 110,000 square feet of
medical office floor area.
The project has been conditioned so as to control and reduce excess
lighting and to avoid off -site light spillage.
The traffic study has determined that the increased traffic generated as
a result of project implementation will not result in significant impacts to
intersections or traffic circulation in the City of Newport Beach, and
more specifically, within the vicinity of the project site.
All potential environmental impacts have been analyzed in the Initial
Study and DEIR and were found not to be significant with the
incorporation of specific mitigation measures, with the exception of the
long -term operational emissions and traffic impact to the intersection of
Newport Boulevard /18th Street- Rochester Street in the City of Costa
Mesa. No feasible mitigation measures exists that would reduce these
impacts to less than significant levels; therefore, a Statement of
Overriding Considerations has been adopted that finds that the benefits
of the project outweigh the unavoidable adverse environmental effects.
3. Finding: That the proposed use will comply with the provisions of this Code,
including any specific condition required for the proposed use in the district in which
it would be located.
Facts in Support of Finding: The Zoning Code requires the approval of a use permit
for medical offices and the proposed conditions of approval and mitigation measures
for this project will ensure that all conflicts with surrounding land uses are minimized to
the greatest extent possible or eliminated.
NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS
FOLLOWS:
Section 1. Based on the aforementioned findings, the Planning Commission
hereby approves the amendment to Use Permit No. 2006 -010 and finds the preparation of
Traffic Study No. 2007 -002 in compliance with the Chapter 15.40 (Traffic Phasing
Ordinance), all subject to the Conditions of Approval in Exhibit "B" attached hereto and
made hereof,
Planning Commission Resolution No. _
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PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JANUARY, 2008.
AYES: Eaton, Peotter, Hawkins, Cole. McDaniel
Toerae and Hillaren
NOES: None
ABSENT: Absent
Planning Commission Resolution No. _
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Exhibit "A"
Conditions of Approval
Amendment to Use Permit No. 2006 -010 & Traffic Study No. 2007 -002
(Project - specific conditions noted in italics)
Planning Department
1. The development shall be in substantial conformance with the site plan (sheet 2) of the
plans dated January 15, 2007, except as modified by other conditions.
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. Project approvals shall expire unless exercised within 24 months from the effective
date of approval as specified in Section 20.91.050A of the Newport Beach Municipal
Code. Reasonable extensions may be granted by the Planning Director in
accordance with applicable regulations.
5. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the use or one or more of the conditions set
forth herein is not being complied with, or the manner in which the project 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. The project site may be occupied by no more than 350,000 square feet of gross
medical office floor area.
7. Non - medical office uses shall be permitted, or conditionally permitted, on -site,
consistent with the provisions of the Zoning Code, so long as they do not increase
the approved traffic generation for the project.
8. The applicant may proceed to lease medical office space during the construction of
the parking structure; however, the project site shall maintain the minimum number
of parking spaces required by the Zoning Code for the operating mix of uses during
such time.
9. The final design of the parking structure shall provide all architectural treatments as
shown on the proposed plans approved by the Planning Commission on December
6, 2006.
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10. No ancillary parking shall be permitted to occur at the project site for the use of Hoag
Hospital, except during the interim period, which concludes on December 7, 2009, to
facilitate the completion of Hoag Hospital's construction of the Lower Campus. Use
of the Hoag Health Center parking by Hoag Hospital personnel shall only be allowed
so long as the minimum Zoning Code required number of parking spaces to facilitate
the operation of on -site uses is provided.
11. The 20- passenger van shuttle between Hoag Hospital and the project site shall
operate only between the hours of 7:00 a.m. and T00 p.m. and limited to four round
trips per hour. The shuttle shall not use local streets (i.e. Dana Road and Flagship
Road) and residential areas. The shuttle route shall be restricted to the City's
arterial system (i.e. Newport Boulevard, Superior Avenue, Placentia Avenue,
Hospital Road, Industrial Way). The shuttle shall only be used by physicians who
have offices in Hoag Health Center, patients visiting physicians at Hoag Health
Center who require further medical services to be provided at Hoag Hospital, and by
Hoag staff who need to attend meetings or perform other duties at either Hoag
Health Center or Hoag Hospital. At the discretion of the Planning Director, the
maximum permitted shuttle trips per hour may be increased in the future, should the
need arise.
any additional floor area, the applicant shall submit.a landscape and irrigation plan
prepared by a licensed landscape architect or licensed architect for on -site and any
adjacent off -site planting areas. These plans shall incorporate drought tolerant
plantings and water efficient irrigation practices. The landscape plans shall be
approved by the Planning Director prior to the issuance of a building permit. 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.
13. Prior to the issuance of a certificate of occupancy for a medical office tenant
improvement permit which would cause the site to exceed 110.000 square feet of
medical office floor area a revised landscaping plan for the planter along Dana
Road shall be submitted for the review and approval of the Planning Director to add
shrubs, hedges, and ground cover as a parking lot screen from Dana Road.
14.All landscape materials and landscaped areas 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
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irrigation systems shall be kept operable, including adjustments, replacements,
repairs, and cleaning as part of regular maintenance.
15.All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter
10.26 of the Newport Beach Municipal Code, Community Noise Control.
16. Prior to issuance of the certificate of occupancy or final of building permits for the
construction of the parkin structure or any additional floor area, the applicant shall
schedule an evening inspection by the Code and Water Quality Enforcement
Division to confirm control of light and glare as specified by Mitigation Measure Nos.
MM 4.7 -1 and MM 4.7 -2.
17. Prior to the issuance of a permit or within 30 days of receiving a final notification of
costs, the applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department.
18. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation
systems where possible.
19. Water leaving the project site due to over - irrigation of landscape shall be minimized.
If an incident such as this is reported, a representative from the Code and Water
Quality Enforcement Division of the City Manager's Office shall visit the location,
investigate, inform and notice the responsible party, and, as appropriate, cite the
responsible party and /or shut off the irrigation water.
20.Watering shall be done during the early morning or evening hours (between 4:00
P.M. and 9:00 A.M.) to minimize evaporation the following morning.
21. All leaks shall be investigated by a representative from the Code and Water Quality
Enforcement Division of the City Manager's Office and the Applicant shall complete
all required repairs.
22. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards.
23.Reclaimed water shall be used whenever available, assuming it is economically
feasible.
24. 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
Planning Commission Resolution No. _
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arise from or in any manner relate (directly or indirectly) to City's approval of the
Hoag Health Center Project including, but not limited to, the approval of the
amendment to Use Permit No. 2006 -010 and Traffic Study No. 2007 -002; and /or the
'City's related Califomia Environmental Quality Act determinations, the certification of
the Environmental Impact Report, the adoption of a Mitigation Monitoring Program,
and /or statement of overriding considerations for the Hoag Health Center Project.
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.
25. The applicant shall work in conjunction with the appropriate agency to modify and/or
add signage that routes traffic to the 1- 4051SR -55 Freeways via either northbound
Superior Avenue to 17t" Street or eastbound Industrial Way to Newport Boulevard.
Existing signage on Superior Avenue south of Industrial Way currently routes traffic
to the 1- 405/SR -55 Freeways via northbound SuperiorAvenue to 17th Street only.
Building Department
26. The applicant shall be responsible for the payment of all applicable City plan check
and inspection fees.
27.The size, layout, path of travel and dispersion of the disabled parking stalls shall be
reviewed and approved by the Building Department prior to the issuance of permits
and shall comply with code requirements.
Public Works Department
28. Double backflow preventers shall be installed to serve the site.
29. All existing on -site catch basins shall be retrofitted with anti - bacterial filters to comply
with the City's water quality requirements.
30.A set of bottomless trench drains shall be installed across the width of each
driveway at the property line to comply with the City's on -site runoff retention
requirements.
31. The site shall be graded in a manner so that no runoff will be discharged onto slopes
above Newport Boulevard.
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32.ADA compliant paths shall be provided within the areas identified and affected by
the project's scope of work.
33.Prior to issuance of a demolition permit for the existing structure located at 530
Superior Avenue (location of the new proposed parking structure), the applicant shall
submit a construction management and delivery plan to be reviewed and approved
by the Public Works Department. The plan shall include discussion of project
phasing, parking arrangements for both sites during construction;+ 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.
34.Traffic control and truck route plans shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not
be permitted to travel narrow streets as determined by the Public Works
Department. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper use of traffic control
equipment and flagman.
35. Vehicular traffic on Dana Road and Flagship Road shall not be impacted by private
construction work.
36.A haul route permit shall be required for any large construction related vehicle (I.e.
dirt hauling vehicle).
37. No construction material shall be staged or stored within the public right -of -way.
38. Prior to issuance of building permits for the construction of the parking structure or
any additional floor area, the on -site parking (surface and structure), vehicle
circulation and pedestrian circulation systems shall be subject to further review and
approval by the Traffic Engineer.
39.The intersection of the driveways and streets shall be designed to provide adequate
sight distance per City Standard STD - 110 -L. Slopes, landscape, walls and other
obstruction shall be considered in the sight distance requirements. Landscaping
within the sight line shall not exceed twenty -four inches in height. The sight distance
requirement may be modified at non - critical locations, subject to approval of the
Traffic Engineer.
40. The southerly driveway (adjacent to Dana Road) shall be restricted to right -turn in
and right -turn out The method to reinforce (i.e. signage, median, etc.) the right -turn
in and right -turn out driveway shall be reviewed and approved by the Public Works
Department.
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41. The applicant shall be responsible for all costs, expenses and fees for all roadway
improvements, acquisition of permanent and temporary easements, and right -of -way
acquisition along Superior Avenue in the area adjacent to the property frontage, as
deemed necessary by the City. The roadway improvements shall include, but not be
limited to, the widening of Superior Avenue to the ultimate width, construction of
medians and landscaping, all signing and striping work, and the installation of the
traffic signal at the main project driveway (center driveway). The roadway
improvement costs shall include, but not be limited to, all design, construction,
project management, right -of -way acquisition, acquisition of permanent and
temporary easements, court awarded damages, relocation assistance and other
costs, consultant fees, expert fees, attorney fees, permit fees, and any litigation
expenses related in any way thereto. Prior to the issuance of building permits for any
new medical office tenant improvement, the applicant shall post a new 10-year
performance bond (or other form of security satisfactory to the City Attorney) with the
City to guarantee payment of all fees, costs and expenses identified in this condition.
The City will determine the bond amount by reasonably estimating the fees, costs
and expenses identified in this condition. If at any point it is determined that the bond
amount is insufficient to cover the actual or projected fees, costs, and expenses
identified in this condition as determined by the City, Hoag shall increase the bond
amount accordingly. Applicant shall have the right to request that the City enter into
a reimbursement agreement, which shall be within the sole discretion of the City to
enter into, whereby the applicant is reimbursed for a portion of the costs associated
with the roadway improvements if the property. adjacent to the roadway
improvements is developed in the next ten years, it is determined that the owner of
the property adjacent to the road way improvements is benefited by the roadway
improvements and that the owner of the property adjacent to the roadway
improvements would have been required to construct a portion of the roadway
improvements as a condition of development.
42.
medical office floor area the installation of the traffic signal at the main project
driveway and the widening of Superior Avenue, as referenced in Condition No. 41,
shall have first been completed, and the traffic signal shall be in full operation.
Should the City be unable to complete the improvements within a reasonable
timeframe, the applicant may elect to complete4he improvements per the approval
and direction of the Public Work's Department and shall reimburse the City for all
costs and expenses associated with such an arrangement.
43. 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 Department 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.
Planning Commission Resolution No.
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Fire Department
44-Automatic fire sprinklers and Class I standpipe shall be required in the new parking
structure.
Mitigation Measures
45. The applicant shall comply with all mitigation measures and standard conditions
contained within the approved Mitigation Monitoring and Reporting Program of the
Final Environmental Impact Report (SCH No. 2006 - 101105) for the project,