HomeMy WebLinkAbout1933 - NEW 19200 SF, 2-STORY, 42 BED MEMORY CARE FACILITY ON A CURRENT VACANT LOT - 1000 HalyardRESOLUTION NO. 1933
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING, CONDITIONAL USE
PERMIT NO. UP2013 -019, SITE DEVELOPMENT REVIEW NO.
SD2013 -005, LOT MERGER NO. LM2014 -001, AND VARIANCE
NO. VA 2014 -002 FOR A MEMORY CARE FACILITY LOCATED
AT 1000 HALYARD (PA2013 -195)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Orvieto Properties, with respect to property located at 1000
Halyard and 1455 Superior Avenue G., and legally described as first addition to Newport
Mesa Tract Lot 918 Easterly' /2 East 1 Acre Northerly 158.88 Feet in Lot Tract 257 and
first addition to Newport Mesa Tract Lot 818 Westerly 50 Feet Northerly 165 Feet in Lot
Tract 257, requesting approval of a Conditional Use Permit, Site Development Review,
Lot Merger and Variance.
2. The applicant proposes an approximately 19,200- square -foot, two -story convalescent
facility. The convalescent facility would be in the form of a memory care facility
licensed by the state with 42 beds occupied by residents that are considered non -
ambulatory. The project would occupy two building sites that are currently vacant and
were historically used as boat storage. The request also includes a lot merger to
merge the two sites into one parcel for the development and a variance for a wall to be
6 feet high where the Zoning Code limits the height to 42 inches.
3. The subject property is located within the Mult Unit Residential (RM) Zoning District
Zoning District and the General Plan Land Use Element category is Multiple -Unit
Residential (RM).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on February 6, 2014 in the Council Chambers at 100 Civic
Center Drive, Newport Beach at 100 Civic Center Drive, Newport Beach. A notice of
time, place and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 32 (In -fill Development
Projects). Class 32 consists of projects characterized as in -fill development meeting
the conditions described in this section.
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(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 subject property has a land use designation of Multiple -Unit Residential (RM)
within the General Plan which is intended to provide primarily for multi -unit residential
developments containing attached or detached dwelling units and similar uses such as
the memory care facility, which is residential in nature.
The property is located within the Multi -Unit Residential (RM) Zoning District. The RM
Zoning District allows for convalescent facilities with the approval of a Conditional Use
Permit. The Zoning Code defines convalescent facilities as establishments that
provide care on a twenty -four hour basis for persons requiring regular medical
attention. A convalescent facility may also be referred to as a "nursing home" or
"hospice ", and is a facility that does not provide emergency medical services or
surgical services. In this case the convalescent facility is in the form of a memory care
facility for persons that have Alzheimer's disease or dementia.
(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 site is located in the middle of a residentially zoned area. This site is
30,040 square feet (0.69 acre) in area and is surrounded by urban uses. Abutting the
site to the west is the One Nautical Mile residential community and further west down
Halyard are the Newport Knolls multi - family residential community. Abutting the site to
the south is the Beach House Apartments. Directly abutting the site to the east is a
multi -unit residential property and further east along Superior Avenue is the Newport
Beach Plaza senior living complex, Crystal Cove Care Center nursing facility and a
medical /commercial office.
(c) The project site has no value as habitat for endangered, rare or threatened species.
The site is currently vacant, was previously used for boat storage purposes and does
not contain any habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
Traffic:
The proposed project will result in additional trips per ITE standards as compared to
the vacant site. However, this increase is well below the 300 ADT threshold identified
in Chapter 15.40 of the Newport Beach Municipal Code and the project is not required
to provide a Traffic Phasing Ordinance (TPO) Study. Therefore, approval of the project
will not result in any significant effect relating to traffic.
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Noise:
The proposed development of the site with a memory care facility will be conditioned
to meet the Newport Beach Municipal Code noise regulations and will not result in any
significant effects related to noise.
Air Quality:
The proposed memory care facility will result in an overall increase in the average
daily trips (ADT) to the site because the existing site is vacant; however, the ADTs of
the memory care facility are considered low, substantially consistent with residential
development and are lower than a commercial development. The applicant expects
construction to take approximately 12 months and construction of the project will be
conditioned to comply with the regional Air Quality Management Plan established by
the Southern California Air Quality Management District to ensure that construction
impacts are minimized and the project will not result in any significant effects related to
air quality.
Water Quality:
The applicant must prepare a Water Quality Management Plan (WQMP) and will be
required to comply with all requirements of the Newport Beach Municipal Code and
Zoning Code related to water quality. Therefore, approval of the project will not result
in any significant effects related to water quality.
(e) The site can be adequately served by all required utilities and public services.
The Mesa Water District currently services the site via a main that runs along the
Halyard easement. A private sewer line within the Medical Lane easement is
proposed to service the site. The Gas Company, Southern California Edison and
AT &T will service the site through the Medical Lane easement. Fire and police
protection facilities and services are located off of 32nd Street and Santa Barbara
Drive. Therefore, the site can be adequately served by all required utilities and public
services.
SECTION 3. REQUIRED FINDINGS.
Conditional Use Permit
In accordance with Section 20.52.020F of the Newport Beach Municipal Code, the following
findings and facts in support of such findings for a conditional use permit are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan;
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Facts in Support of Finding:
1. The project site has a land use designation of Multiple -Unit Residential (RM) which
is intended primarily for multi - family residential and similar uses that are residential
in nature such as the proposed memory care facility.
2. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding:
1. The project site is located within the Multi -Unit Residential (RM) Zoning District.
The RM Zoning District allows for convalescent facilities with the approval of a
conditional use permit. The Zoning Code defines convalescent facilities as
establishments that provide care on a twenty -four hour basis for persons requiring
regular medical attention. A convalescent facility may also be referred to as a
"nursing home" or "hospice ", is a facility that does not provide emergency medical
services or surgical services. In this case the convalecent facility is in the form of
a memory care facility for persons that have Alzheimer's disease or dementia.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity,
Facts in Support of Finding:
1. The project site is located in the middle of a residentially zoned block between
Monrovia Avenue and Superior Avenue. West of the site are multi - family residential
communities and east is a multi -unit residential lot, Newport Plaza a senior living
complex, Crystal Cove Care Center nursing facility and a medical /commercial
office. The memory care facility will provide residence and care for non - ambulatory
Alzheimer and dementia patients.
2. The building is proposed at approximately 19,200 square feet which is well under
the maximum 31,050 square footage allowed by the Zoning Code.
3. Landscaping and screen walls are provided along the side property lines that are
abutting existing residential uses.
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Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities; and
Facts in Support of Finding:
1. The project site provides adequate parking and circulation including turn - around
areas for deliveries that have been reviewed by the City Traffic Engineer.
Conditions of approval are included to ensure compliance with all the circulation
standards and the final plans are required to be approved by the City Traffic
Engineer.
2. Emergency vehicles are provided adequate access to the site by a crash gate and
knox box from Halyard to Medical Lane and Superior which has been reviewed by
the Fire Department. Conditions of approval are in place to ensure compliance with
all emergency vehicle access requirements and the final plans are required to be
approved by the Fire Department.
3. Mesa Water District currently services the site via a main that runs along the
Halyard easement. The private sewer line within the Medical Lane easement is
proposed to service the site. The Gas Company, Southern California Edison and
AT &T will service the site through the Medical Lane easement.
Finding:
E. 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.
Facts in Support of Finding:
1. A condition of approval is included to ensure that lighting of the facility is in
compliance with the requirements of the Zoning Code prohibiting glare and light
spillage from the memory care facility onto adjacent properties.
2. A condition of approval is included limiting delivery and commercial trash pick -up
hours to the memory care facility to mitigate potential impacts to the adjacent
neighbors.
3. A condition of approval is included limiting visiting hours to the memory care facility
to mitigate potential impacts to the adjacent neighbors.
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4. Noise generated by a memory care facility is anticipated to be low. A condition of
approval is included to ensure that the use will comply with the Newport Beach
Municipal Code standards for indoor and outdoor noise in residential zones
5. With no existing memory care facilities in the area, the proposed use would provide
a needed service for the aging population which comprises almost 20 percent of
the City's total population.
Conditional Use Permit in a Residential Zone
In accordance with Section 20.52.030H. of the Newport Beach Municipal Code, the following
findings and facts in support of such findings for a conditional use permit in a residential zone
are set forth:
Finding:
F. The use conforms to all of the following applicable provisions of 20.52.030 (G)
Development and Operational Standards:
a. Facility must be operated in compliance with applicable State and local law, and the
submitted management plan, including any modifications required by this use permit.
b. The management plan must include a contact name and number by which the
operator may be contacted at all times.
c. No services requiring a license can be provided if the facility does not have a license
for those services.
d. There shall be no more than two residents in each bedroom plus one additional
resident, unless approved pursuant to the Newport Beach Municipal Code. Occupancy
must also comply with State licensing if applicable.
e. All individuals and entities with an ownership or leasehold interest in the use, or who
will participate in the facility's operation must be disclosed in writing to the City, and
these persons and entities shall not have a demonstrated pattern or practice of
operating similar facilities in or out of the City of Newport Beach in violation of Federal,
State or local law.
f. Residents, guests, staff and any other visitors to the facilities shall not smoke in an
area from which the secondhand smoke can be detectable on any other parcel of
property.
Facts in Support of Finding:
1. The operations of this facility shall be compliance with the Department of Social
Services (DSS) license, and as conditioned, the facility will comply with the
Operations and Management Plan for the facility. A draft operations and
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management plan has been submitted by the property owners. A final operations
and management plan will be provided by Corktree Holdings, LLC hereinafter
referred to as "Operator" of the facility prior to the license being issued by the DSS.
2. Appropriate names and contact information numbers are provided within the
operations and management plan and, as a condition of approval of this
application, the appropriate "after hours" names and contact information numbers
will be confirmed and provided to the City prior to operation of the facility.
3. The Operation and Management Plan for the facility provides that only those
services permitted by the DSS license for the memory care facility are performed
within the facility.
4. The facility will be licensed, and has been conditioned, for a maximum occupancy
of 42 residents. The facility will have a maximum 42 beds with 10 one -bed rooms
and 16 two - bedrooms. No more than two residents per bedroom are permitted.
This limitation is consistent with the residential occupancy design of the building
and the DSS license.
5. All management personnel have been disclosed in the application documentation.
A condition of approval is in place which requires that all employee personnel be
disclosed prior to final of the building permits.
6. According to information provided in the application, the property owners and have
never held a license for a memory care facility and the Operator has never held a
license for a memory care facility in California. The Operator has been licensed to
operate skilled nursing facilities, sub acute care, and home health operations in
California and other states and have experience with working with memory care
residents within their out -of -state nursing facilities. The Operator has never had a
licensed revoked or suspended.
7. The operation regulations identify that the operator will identify a designated
Smoking Area prior to Certificate of Occupancy however, there is a condition
included requiring that this be done on the final construction drawings and prior to
the issuance of a building permit.
Finding:
G. The project complies with the requirements for off - street parking as provided in Chapter
20.40 (Off - Street Parking) and traffic and transportation impacts have been mitigated to a
level of insignificance;
Facts in Support of Finding:
1. The Zoning Code requires off - street parking for a convalescent facility at a ratio of
one space for every three beds or 14 parking spaces. The proposed project
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includes 22 parking spaces. The parking lot design, including landscaping,
complies with all of the provisions of Section 20.40.
2. Routine deliveries will occur two to three times a week and a condition of approval
limits the delivery hours to Monday through Friday 9:00 a.m. to 5:00 p.m. These
deliveries are pre - scheduled and the delivery vans or small trucks will be on -site for
approximately 15 minutes per visit. The circulation of the site is designed with a "T
shaped turn around driveway configuration so any van or truck can turn around and
exit by the same path they entered.
Finding:
H. The property and existing structures are physically suited to accommodate the use;
Facts in Support of Finding:
1. The subject property has adequate area to meet all of the Municipal Code
requirements related to vehicular and emergency access.
2. The proposed structure is designed for use as a convalescent facility, which will be
licensed by the DSS. The plans have been reviewed by the Building and Fire
Department and conditions of approval are in place to ensure all Building and Fire
Codes will be met. The Building and Fire Department are required to approve the
final set of construction plans.
Finding:
1. The use will be compatible with the character of the surrounding neighborhood, and the
addition or continued maintenance of the use will not contribute to changing the
residential character of the neighborhood (e.g., creating an over - concentration of
residential care or bed and breakfast uses in the vicinity of the proposed use).
Facts in Support of Finding:
1. There are not existing substandard physical characteristics in the area that would
affect integration of the proposed project into the existing area.
2. There are conditions of approval in place that ensure the least amount of impact to
the surrounding neighborhood including noise, lighting, smoking, and limited hours
of deliveries, visitors, and trash pick -up.
3. The use is defined by the Zoning Code as a convalescent facility and not a
"Residential Care Facility ".
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Finding:
J. The operation of buses, vans, and other vehicles used to transport residents, clients,
visitors, guests, and /or staff to and from off -site activities or parking areas does not
generate vehicular traffic substantially greater than that normally generated by residential
activities in the surrounding area;
Facts in Support of Finding:
1. The residents will be non - ambulatory and will not have cars. The clients of the
memory care facility will typically not leave the grounds and depending on their
medical condition, on occasion only one to two residents might be taken by a staff
vehicle to a park. The use of buses or vans is not proposed.
2. No events will be held at the facility and visitors by family members are typically
once a week. Visiting hours will be condition to 8:00 a.m. to 9:00 p.m. seven days a
week.
3. Anticipated staffing includes 16 -18 staff members between 9:00 a.m. and 4:00
p.m., 12 -14 between 4:00 p.m. and 4 -6 between 12:00 midnight and to 8:00 a.m.
4. Based on the ITE Trip Generation Rate the memory care facility would generate
approximately 113 ADTs while a 12 -unit residential development would generate
103 ADTs.
Finding:
K. Arrangements for delivery of goods are made within the hours that are compatible with
and will not adversely affect the peace and quiet of neighboring properties; and
Facts in Support of Finding:
1. Routine deliveries will occur two to three times a week. Deliveries are limited by a
condition of approval to 9:00 a.m. to 5:00 p.m., Monday through Friday.
Finding:
L. Arrangements for commercial trash collection in excess of usual residential collection are
made within hours that are compatible with and will not adversely affect the peace and
quiet of neighboring properties.
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Facts in Support of Finding:
1. A condition of approval is in place that requires the Operator to hire and maintain a
commercial bin refuse service and limits pick -up to one weekday per week
between the hours of 9:00 a.m. and 5:00 p.m.
Site Development Review
Pursuant to Section 20.52.080 C.2.c. the following criteria is required to be considered during
the review of the proposed project:
1. 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
The proposed use and structure complies with the General Plan and all
requirements of the Zoning Code, with the exception of the variance to exceed the
maximum allowance for wall height within the front yard setback. The structure and
use will comply with all Building and Fire Codes. The memory care facility is
required to be licensed by the DSS and meet all of the requirements to obtain and
maintain this license.
i. 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;
The proposed building maintains all of the required setbacks and is well under the
maximum floor area of 31,500 square feet. The landscaping meets the Code
requirements with over 3,000 square feet of landscaping within the parking lot area
and over 8,000 square feet over the rest of the project site. Landscaping and
screen walls are provided along the side property lines that abut existing residential
uses. Lighting of the building is conditioned to meet the requirements of the Zoning
Code to mitigate impacts to the adjacent neighbors. Delivery hours to the memory
care facility are limited to mitigate potential impacts to the adjacent neighbors. The
overall design of the project emulates a multi - family residential use with a
courtyard, open landscaped areas, a walking path, and a distinct architectural
design and finishes. The building design is Contemporary Mediterranean and finish
materials are warm earth tone colors with complimentary landscape base plantings
and trees to create a residential feel. The main entry tower is accentuated with a
stone base material. The exterior includes a variety of darker base colors on the
sand finish exterior plaster and stone finish which is complimentary to the
architecture in the surrounding area.
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas;
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The proposed building is under the maximum square footage allowed and has a
maximum height of 28 feet (33 foot front entry tower), in compliance with the
Zoning Code. The building provides modulation and a step back of the second floor
and includes a courtyard and a second -floor deck which further reduces the bulk.
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
Site access, including the drive aisles, driveways, parking and loading spaces have
all been reviewed by the City Traffic Engineer for adequacy, efficiency and safety.
The City Traffic Engineer also reviewed the Halyard easement for the efficiency
and safety of the access to the site. There are specific conditions of approval from
the City Traffic Engineer to ensure all circulation requirements are provided for.
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
The City Urban Forester reviewed the landscape plan and provided no suggested
changes. A condition of approval is in place that requires a final review and
approval by the City Urban Forester for plant and irrigation materials.
vi. The protection of significant views from public right(s) -of -way and compliance with
Section 20.30. 100 (Public View Protection).
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.
In accordance with Section 20.52.080F of the Newport Beach Municipal Code, the following
findings and facts in support of such findings for a site development review are set forth:
Finding:
A. Allowed within the subject zoning district;
Facts in Support of Finding:
1. The project site is located within the Multi -Unit Residential (RM) Zoning District.
The RM Zoning District allows for convalescent facilities with the approval of a
conditional use permit. The Zoning Code defines convalescent facilities as
establishments that provide care on a twenty -four hour basis for persons requiring
regular medical attention. In this case the convalescent facility is in the form of a
memory care facility for Alzheimer and dementia patients.
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Finding:
B. In compliance with all of the applicable criteria identified in 2.52.080 (C)(2)(c) of this
section as follows:
i. 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
A The protection of significant views from public right(s) -of -way and compliance with
Section 20.30. 100 (Public View Protection).
Facts in Support of Finding:
1. The proposed project complies with the General Plan and all requirements of the
Zoning Code. The structure and use will comply with all Building and Fire Codes.
The memory care facility is required to be licensed by the DSS and will meet all of
the requirements to obtain this license.
2. The proposed building maintains all of the required setbacks and is under the
maximum floor area of 31,500 square feet. Over 3,000 square feet of landscaping
is provided within the parking lot area and over 8,000 square feet is provided
throughout the rest of the project site. This landscaping meets all of the
requirements of the Zoning Code. Landscaping and screen walls are provided
along the side property lines that abut existing residential uses. Lighting of the
building is conditioned to meet the requirements of the Zoning Code to mitigate
potential impacts to the adjacent neighbors. Deliveries to the memory care facility
are conditioned to mitigate potential impacts to the adjacent neighbors.
3. The proposed building is under the maximum square footage allowed by the
Zoning Code. The building provides modulation and outdoor areas with a courtyard
and a step back of the second floor which further reduces the bulk.
4. The proposed building is a Contemporary Mediterranean design with warm earth
tone colors with complimentary landscape base plantings and trees to create a
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residential feel. There is a main entry tower with a stone base material that defines
the building entrance and a variety of darker base colors on the sand finish exterior
plaster and stone finish.
5. Site access, including the drive aisles, driveways, parking and loading spaces have
been reviewed by the City Traffic Engineer for adequacy, efficiency and safety.
Further, the City Traffic Engineer analyzed the Halyard easement for access
efficiency and safety. There are specific conditions of approval from the City Traffic
Engineer to ensure all circulation requirements are met.
6. The proposed landscaping plan has been reviewed by the City Urban Forester. A
condition of approval is in place that requires a final review and approval by the
City Urban Forester for plant and irrigation materials.
7. 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.
Finding:
C. Not detrimental to the harmonious and orderly growth of the City, nor endangers,
jeopardizes, or otherwise constitutes a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood
of the proposed development.
Facts in Support of Finding:
1. Lighting of the facility is conditioned to meet the requirements of the Zoning Code,
prohibiting light and glare spillage from the memory care facility to the adjacent
neighbors.
2. A condition of approval is in place limits delivery and commercial trash pick -up
hours to the memory care facility to mitigate potential impacts to the adjacent
neighbors.
3. A condition of approval limits visiting hours to the memory care facility to mitigate
potential impacts to the adjacent neighbors.
4. The noise from a memory care facility is typically low. A condition of approval
ensures that the use will comply with the indoor and outdoor Municipal Code noise
regulations for a residential zone.
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5. With no existing memory care facilities in the area, the proposed use would provide
a needed service for the aging population which comprises almost 20 percent of
the City's total population.
Lot Merger
In accordance with Section 19.68.030 (Subdivisions) of the Newport Beach Municipal Code,
the following findings and facts in support of such findings for a lot merger 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; and
Facts in Support of Finding:
1. The lot merger to combine two existing legal lots by removing the interior lot line
between them will not result in the creation of additional lots.
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 Title 19 (Subdivisions).
The proposed merger will protect land owners and surrounding residents, and will
preserve the public health, safety, and general welfare of the City.
4. The future development on the proposed lot will meet all of the Zoning Code
development standards except for the request for a variance approval for a portion
masonry wall that exceeds the 42 -inch height limit within the front yard setback.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger; and
Facts in Support of Finding:
1. The two lots to be merged are under common fee ownership as indicated by the
title reports provided by the applicant.
Finding:
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
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the subject property including, but not limited to, the General Plan and any applicable
Coastal Plan or Specific Plan; and
Facts in Support of Finding:
1. The merged lot will retain the RM zoning designation, consistent with the
surrounding area. The RM Zoning District is intended to provide for areas
appropriate for a residential dwelling units and similar uses located on a single lot.
2. The new lot will comply with the Zoning Code requirements for lot width and size
which requires a minimum width of 50 feet and minimum area of 5,000 square feet.
3. The Land Use Element of the General Plan designates the subject site as Multiple -
Unit Residential (RM), which applies to a range of residential dwelling units and
similar uses.
4. The project site is not located within the Coastal Zone or within a Specific Plan.
Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger; and
Facts in Support of Finding:
1. The lots as merged will not be deprived of legal access as the merged lot will abut a
private easement consistent with existing conditions.
2. The lots will maintain legal access from Halyard and emergency access from Medical
Lane,
3. No adjoining lots will be deprived of legal access as a result of the merger. The private
streets were developed to provide vehicular access for the properties located in the area.
Vehicular access to and from the subject site and adjacent properties would remain via
the private streets (Halyard and Medical Lane).
Finding:
E. The lots as merged will be consistent with the surrounding pattern of development and
will not create an excessively large lot that is not compatible with the surrounding
development; and
Facts in Support of Finding:
1. Lot width and lot size in the area vary and trend towards wider and larger lots.
Keeping the one smaller 50 -foot wide lot would actually be more inconsistent with
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the surrounding pattern of development. The subject lots, as merged, will result in a
30,040- square -foot lot that is consistent with lots in the area.
2. Development within the RM Zoning District is allowed a maximum floor area equal
1.75 times the buildable area of the lot. The merged lot will not be developed beyond
this maximum development limit and will be developed consistent with the
surrounding development.
Variance
In accordance with Section 20.52.090F. of the Newport Beach Municipal Code, the following
findings and facts in support of such findings for a variance are set forth:
Finding:
A. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an
identical zoning classification;
Facts in Support of Finding:
1. The orientation of the subject lot abuts the Halyard easement and Medical Lane
easements creating an unusual lot configuration.
2. The taller wall is needed to provide the security to property as Medical Lane is
utilized by the adjacent uses.
Finding:
B. Strict compliance with Zoning Code requirements would deprive the subject property
of privileges enjoyed by other properties in the vicinity and under an identical zoning
classification;
Facts in Support of Finding:
1. The Zoning Code requires a 6 -foot high wall for screening a non - residential use
that is abutting a residential use. This screening is beneficial as in the case of the
memory care facility to mitigate potential impacts to the abutting residential uses as
well as to protect the disabled residents of the memory care facility.
2. The front yard setback abuts Medical Lane which provides access to the adjacent
residential property.
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Finding:
C. Granting of the variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant;
Facts in Support of Finding:
1. The allowance of a 6 -foot wall within this limited area of front yard setback provides
a secure area around the memory care facility for the residents.
Finding:
D. Granting of the variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties in the vicinity and in the same zoning district;
Facts in Support of Finding:
1. Secure areas are commonly seen in these non - residential types of uses.
2. The multi - family developments within the surrounding area typically have security
gates or wall areas.
3. The property line walls abutting the neighboring residential uses are required by
the Zoning Code to be 6 -feet even within the front yard setback due the different
uses between properties.
Finding:
E. Granting of the variance will not be detrimental to the harmonious and orderly growth
of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working
in the neighborhood; and
Facts in Support of Finding:
1. The increased wall height will not impact site distance for traffic or impede
circulation on or off the project site.
2. Although the subject wall is not abutting the residential use it is abutting Medical
Lane that provides access to the adjacent residential use. Without the wall the
security of the facility could be jeopardized.
3. The memory care facility is a permitted use within the RM Zoning District. Providing
care to Alzheimer's patients requires a secure facility due to the nature of the
disease.
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Finding:
F. Granting of the variance will of the variance will not be in conflict with the intent and
purpose of this section, this Zoning Code, the General Plan, or any applicable specific
plan.
Facts in Support of Finding:
1. The Zoning Code allows walls to encroach into front yard setbacks.
2. The limitation of the height of walls to 42- inches within the front yard setback was
not intended for this unique circumstance with a project site layout adjacent two
private easements and the memory care use within the residential zone. A higher
wall in this location would not conflict with the intent of the Code regulations.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2013 -019, Site Development Review No. SD2013 -005, Lot Merger
No. LM2014 -001, and Variance No. VA2014 -002, subject to the conditions set forth in
Exhibit A, which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
3. For Lot Merger No. LM2014 -001 this action shall become final and effective 10 days
after the adoption of this Resolution unless within such time an appeal is filed with the
City Council in accordance with the provisions of Title 19 Subdivisions, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 6t' DAY OF FEBRUARY, 2014.
AYES: AMERI, BROWN, HILLGREN, AND KRAMER
NOES: NONE
ABSTAIN: NONE
ABSENT: LAWLER, MYERS, AND TUCKER
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M
AI
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Chair
Planning Commission Resolution No. 1933
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. 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 Chapter 20.42 (Signs)
of the Newport Beach Municipal Code.
3. Use Permit No. UP2013 -019, Site Development Review No. SD2013 -005, Lot Merger No.
LM2014 -001, and Variance No. VA2014 -002 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. 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.
6. This Use Permit, Site Development Review, Lot Merger and Variance 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.
7. Any changes in operational characteristics, including but not limited to the following,
shall require an amendment to this use permit or issuance of a new use permit:
a. Modification, expiration without renewal, or loss of DSS license.
b. Increase in number of client residents.
C. Change in on -site staffing affecting the ability of the operator to adequately
manage the facility and provide supervision of its residents.
d. Increase in physical capacity of facility including number of beds, number of
bedrooms, floor area of facility, etc.
e. Change in the Operations and Management Plan.
f. Request for amendment to any condition or conditions of approval.
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g. Change in property ownership in a manner that causes the majority of the
property to be owned by a person or entity not identified in the Use Permit or its
application.
h. Alteration and /or loss of approved on -site parking.
i. Upon determination by the Community Development Director, a change in
facility management, a change in facility ownership, or a change in the
population served by this facility.
j. Any other material change in the operational characteristics that is not in
substantial conformance with the Operation and Management Plan, upon
determination by the Community Development Director.
8. Routine deliveries to the site shall be limited to 9:00 a.m. to 5:00 p.m. Monday through
Friday.
9. Visiting hours shall be limited from 8:00 a.m. to 8:00 p.m., seven days a week.
10. All employees shall park on -site.
11. The Operator shall maintain an Operations and Management Plan consistent with the
Operations and Management Plan approved with Use Permit No. 2013 -019 and in
compliance with Section 20.52.030 G. of the Zoning Code.
12. The use shall be operated in compliance with applicable State and local laws and in
compliance with the Management and Operating plan and rules of conduct reviewed as
part of the application for a conditional use permit.
13. The Operator shall comply with the Business License provisions of the Municipal Code.
14. The Operator shall provide and maintain public notice of and operate a hotline for
receiving inquiries and /or complaints in reference to operation of its facility with calls
responded to within the next 24 -hour period.
15. The Operator shall not allow more than two residents in one bedroom.
16. 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.
17. Prior to the final of building permits, the Operator shall obtain a license from the DSS
and maintain a DSS license at all times for the memory care facility.
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18. Assembly uses are prohibited, except those that are limited solely to client residents of
the facility and facility staff (and in some cases small meetings of a resident's family
members with facility staff).
19. Any and all medical waste generated through the operation of the facility shall be
disposed of in accordance with the City of Newport Beach's Municipal Code, and all
other laws and best industry standards and practices.
20. Operator shall hire and maintain a commercial refuse bin service, and limit pick -up to
one weekday per week between 9:00 a.m. and 5:00 p.m.
21. 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.
22. 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.
23. 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.
24. 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).
25. The 22 on -site parking spaces shall remain free and clear of obstruction and available
for parking at all times.
26. 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.
27. 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 Use
Permit /Site Development Review /Lot Merger /Variance 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.
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28. Prior to the issuance of a 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.
29. 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.
30. 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.
31. 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 "1" or less at all property lines, unless otherwise
approved by the Community Development Director.
32. 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.
33. At the time of building permit issuance, a fair share fee will be assessed for the change
of use on the project site.
34. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
35. 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.
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Between the hours of TOOAM
and 1O:OOPM
Between the hours of
1O:OOPM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
4OdBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
6OdBA
45dBA
50dBA
Mixed Use Property
45dBA
6OdBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
35. 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.
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36. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are
not allowed on Sundays or Holidays.
37. No outside paging system shall be utilized in conjunction with this establishment.
38. 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.
39. 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 1000 Halyard Memory Care Facility including, but not
limited to, the Conditional Use Permit No. UP2013 -019, Site Development Review No.
SD2013 -005, Lot Merger No. LM2014 -001, and Variance No. VA2014 -002. 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.
Fire Department Conditions
40. The applicant is required to obtain all applicable permits from the City's Fire Department.
41. Vehicle access gates or barriers installed across streets or easements, shall be in
accordance with the Newport Beach Fire Department Guidelines. Three site plans are
required to be submitted for gate /barrier plan review and approval. Plans shall indicate
measurements, location, type of gate /barrier, and type of locking device, approved
opening devices, and gate swing direction. The minimum width of the gate or opening
necessary at a point of access shall not be less than 14 feet of unobstructed width. The
minimum width may be increased depending on the length of the approach.
42. To ensure that emergency vehicle access is permanently provided, reservation of the
easement for the proposed property shall be permanent unless a revision to the
emergency access is approved by the Fire Department.
43. All emergency vehicle access gates where electrically operated shall have an approved
key switch and an approved remote opening device shall be installed and maintained
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operational at all times or locked in the open position until operational. Manual gates
shall have a lock approved by the Newport Beach Fire Department.
44. Alternative surface fire access roads may not exceed one hundred and fifty feet in
length, from beginning to end. Alternative surfaces shall only be installed on slopes of
one degree (1.75% grade) or less unless specified for steeper grade by the
manufacturer and approved by the Fire Code Official. Alternative surfaces must be
provided as per Newport Beach Fire Department Guideline C.01. The design shall
incorporate a curb cut or rolled curb at both the entrance and exit points that delineates
entry onto the alternative surface. The curb cut or rolled curb must be indicated on the
plan.
45. A minimum four - inch -wide concrete strip shall delineate the alternative surface on both
sides of the lane. Alternatives to concrete must be approved by the Fire Chief. Strip
delineations shall be indicated on the plans.
46. Fire flow will need to be determined for the proposed structures. Newport Beach
Guideline B.01 will need to be completed to determine the number of required fire
hydrants.
47. Fire alarm is required as per C.B.C. Sec. 907.2.9 & Sec. 425.7.2.
48. Gates and fences for residential care facilities shall comply with C.B.C. Sec. 425.8.8.
49. Delayed egress locks shall comply with C.B.C. Sec. 425.8.10.
50. As per C.B.C. Sec. 425.4.1, construction requirements must be met pursuant to Health
and Safety Code Section 13131.5.
51. All buildings and structure with one or more passenger service elevator shall be
provided with not less than one medical emergency service elevator to all landings
meeting the provisions of Section 3002.4a.
52. In compliance with C.B.C. Sec. 3002.4 1a, the medical emergency service elevator
shall accommodate the loading and transport of an ambulance gurney or stretcher
(maximum size 24 inches by 84 inches) with not less than 5 -inch radius corners in the
horizontal position.
53. In compliance with California Fire Code Section 904.11, commercial cooking equipment
that produces grease laden vapors shall be provided with a Type I Hood, in accordance
with the California Mechanical Code, and an automatic fire extinguishing system that is
listed and labeled for its intended use.
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Building Division Conditions
54. 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.
55. Fire protection shall comply with Section 425.7.
56. Underground Utilities Service Connection is required per section 15.32.015 of the
Newport Beach Municipal Code.
57. The building shall have fire sprinklers with monitored fire alarms.
58. 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 mph.
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 car pooling for construction workers.
• 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.
59. 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
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shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur.
60. A list of "good house - keeping" 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 Conditions
61. All dead end drive aisles shall be accompanied by a dedicated turn around space and a
5 foot minimum hammerhead /drive aisle extension.
62. The parking layout shall comply with City Standard STD - 805 -L -A and STD - 805 -L -B.
63. The project shall provide a minimum 26 foot drive aisle from Monrovia Avenue through
the private road easement to the proposed project site. This 26 foot drive aisle shall
avoid the six single garages that open onto Halyard by accessing the southerly portion
of Halyard for the entire length of the area in front of these garages. The final design
shall be reviewed by the City Traffic Engineer.
64. All applicable fire lanes shall be provided and posted no parking on Halyard and
Medical Lane. Fire lanes shall be approved by the City of Newport Beach Fire
Department.
65. The westerly terminus of Medical Lane and /or the adjacent parcels shall be designed to
incorporate a turnaround area for the users of Medical Lane. The turnaround area may
include a reconfiguration of the adjacent parking areas.
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