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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
Regional Commercial
Office CO-R
Corporate Plaza (PC-17)
Office building
NORTH,
EAST,
CO-R
PC-17
Office buildings (professional
SOUTH,
and medical)
WEST
19-201
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
INTRODUCTION
Project Setting
The project site is located within the Corporate Plaza Planned Community (PC-17), which is outlined above in the Vicinity Map. PC-17 is abutted to the north by Civic Center Drive, to the east by Avocado Avenue, to the south by East Coast Highway, and to the west by Newport Center Drive. PC-17 encompasses approximately 48 acres of developed office park with shared common parking and provides areas appropriate for the development of limited commercial activity, professional, business, and medical offices. The subject property is approximately 0.7-acre and located near the center of the larger office park.
Surrounding land uses are also office. The project site is currently developed with a single -story, 8,411-square-foot general office building with a 28-space subterranean private parking area. The project site is designated for business and professional office use by the General Plan and PC-17. The subject property is not located within the coastal zone.
The current office building was permitted in 2013, pursuant to Building Permit No. X2013- 1589, and received final building permit inspection in 2016. The building was designed with the additional private parking area to facilitate a future expansion. However, between initial construction and final building permit inspection, a transfer of development rights (PA2015-109) was approved in 2015, which included transferring 15,468 square feet of office intensity out of PC-17 and into the North Newport Center (PC-56) Planned Community. This left only 2,379 square feet of unbuilt intensity within Anomaly Number 34, which is insufficient to allow for the planned building expansion.
Project Description
Baldwin & Sons is proposing to convert 12 of the private parking spaces beneath the existing office building into a 5,081-square-foot medical office. One additional parking space in the garage will be lost reconfiguring the site to accommodate the new office entrance and driveway access ramp. 16 onsite private parking spaces will be provided. The Project Plans are attached to the staff report as Attachment No. PC 2.
The following approvals are requested to implement the project as proposed:
o General Plan Amendment (GPA) —To amend Anomaly Number 34 of Table LU2 in the General Plan Land Use Element to increase the maximum development limit by 2,711 square feet for a maximum development limit of 471,591 square feet. o Planned Community Development Plan Amendment (PC Amendment) — To amend the Corporate Plaza Planned Community (PC-17) Development Plan to allow a maximum gross building floor area of 471,591 square feet and to add "medical office" as an allowed use for Building Site 20.
19-202
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
o Conditional Use Permit (CUP) — To allow an adjustment to the required off-street parking by waiving the four on -site spaces required for the new medical office. o Development Agreement (DA) — The consideration of development agreement providing development rights in exchange for public benefits in accordance with Chapter
15.45 (Development Agreements) of the Newport Beach Municipal Code (NBMC).
The amendments to the General Plan, Planned Community Development Plan, and the review of the Development Agreement must be approved by the City Council to become effective. When there are multiple applications for the same project processed concurrently, they shall be reviewed and approved, modified, or denied by the highest review authority. In this case, the City Council will also need to approve the Conditional Use Permit.
DISCUSSION
Anal
General Plan Amendment
The subject property has a General Plan Land Use designation of Regional Commercial Office (CO-R). The CO-R designation is intended to provide for administrative and professional offices that serve local and regional markets, with limited accessory retail, financial, service, and entertainment uses. A medical office is one type of professional office and allowed by right.
The project site is within the area designated as Anomaly Number 34 by Table LU-2 of the Land Use Element of the General Plan. The General Plan limits development intensity of Anomaly No. 34 to 468,880 square feet of gross floor area. While the Project requires a General Plan Amendment to implement as the proposed floor area exceeds the development limit of Anomaly Number 34, the project is otherwise consistent with the General Plan as proposed to be amended.
An amendment to the PC-17 Development Plan is a legislative act and neither the PC-17 Development Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code provide required findings to approve the amendment. Nonetheless, the amendment is in furtherance of the General Plan's Goals and, specifically, the following Policies provided in Table 1, below. 19-203
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
Table 1-Applicable Polices
General Plan Goal or Policy
Consistency
Land Use Element Policy LU1.1
The Project will add a new medical office to an area
(Unique Environment).
of the City that is already developed with professional Maintain and enhance the
offices. The additional floor is located entirely
beneficial and unique character of
underground resulting in no visible change to the
the different neighborhoods,
character of PC-17 or to the greater Newport Center
business districts, and harbor that
area.
together identify Newport Beach.
Locate and design development
to reflect Newport Beach's
topography, architectural
diversity, and view sheds.
Land Use Element Policy
LU6.14.4 (Development Scale).
Reinforce the original design
concept for Newport Center by
concentrating the greatest
building mass and height in the
northeasterly section along San
Joaquin Hills Road, where the
natural topography is highest and
progressively scaling down
building mass and height to follow
the lower elevations toward the
southwesterly edge along East
Coast Highway.
Land Use Element Policy LU1.4
While the Project requests an additional 2,711
(Growth Management)
square feet in intensity, the actual medical office will Implement a conservative growth
be approximately 5,081 square feet. There is
strategy that enhances the quality
currently 2,370 square feet of unbuilt intensity within of life of residents and balances
Anomaly Number 34. It is unlikely that the unbuilt
the needs of all constituencies
intensity would be used to develop new retail or
with the preservation of open
hotels, as suggested in Land Use Element Policy
space and natural resources.
LU3.3, as Anomaly Number 34 is specific to PC-17
where only office uses are allowed. The increase
Land Use Element Policy LU3.3
helps provide a viable development opportunity to
(Opportunities for Change).
use the unbuilt intensity. The Applicant has stated
Provide opportunities for
that reducing the size of the office would render the
improved development and
Project infeasible.
enhanced environments for
residents in the following districts
19-204
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
Table 1-Applicable Polices
General Plan Goal or Policy
Consistency
and corridors, as specified in
Polices 6.3.1 through 6.22.7:
Fashion Island/Newport Center:
expanded retail uses and hotel
rooms and development of
residential in proximity to jobs and
services, while limiting increases
in office development.
Land Use Element Policy LU4.1
(Land Use Diagram).
Accommodate land use
development consistent with the
Land Use Plan.
Land Use Element Policy
LU6.14.2 (Newport Center).
Provide the opportunity for limited
residential, hotel, and office
development in accordance with
the limits specified by Tables LU1
and LU2.
Land Use Element Policy LU1.5
While other types of professional offices have
(Economic Health) Encourage a
incurred higher vacancy rates in a post COVID-19
local economy that provides
environment, medical offices remain an in -demand
adequate commercial, office,
use. The Project diversifies the allowed uses within
industrial, and marine -oriented
Building Site 20 which is in line with market
opportunities that provide
demands. Additionally, the Project provides for an
employment and revenue to
additional service use, increasing the likelihood
support high -quality community
residents can remain within the community when
services.
accessing medical procedures.
Land Use Element Policy LU2.2
(Sustainable and Complete
Community). Emphasize the
development of uses that enable
Newport Beach to continue as a
self-sustaining community and
minimize the need for residents to
travel outside of the community
19-205
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
Table 1-Applicable Polices
General Plan Goal or Policy
Consistency
for retail, goods and services, and
employment.
Land Use Element Policy LU2.4
(Economic Development).
Accommodate uses that maintain
or enhance Newport Beach's
fiscal health and account for
market demands, while
maintaining and improving the
quality of life for current and future
residents.
19-206
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
Charter Section 423 (Measure S)
Pursuant to City Charter Section 423 and City Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The proposed General Plan Amendment is in Statistical Area L-1. Three amendments were approved less than 10 years ago and continue to be cumulatively tracked consistent with the provisions of Charter Section 423. Those are General Plan Amendments filed as PA2018-185, PA2020-020, and PA2021-260.
Table 2 below illustrates the calculations to determine if a vote is required. None of the thresholds specified by Charter Section 423 are exceeded, therefore no vote of the electorate is required should the City Council choose to approve the GPA.
Charter Section 423, Measure S Analysis for Statistical Area L-1.
Amendments
Increased
Density
Increased
Intensity
Peak Hour Trip Increase
AM
PM
PA2018-185 (Vivante Senior
Housing)
90 0
26 52
PA2020-020 (Residences at
Newport Center)
28 0
3 2
PA2021-260 (Newport Beach
Tennis and Pickleball Club)
0 14,000
27 52
Total Prior Increases
118
14,000
56 106
80% of Prior Increases
94 11,200
45 85
100% of Proposed Project
PA2022-0158
0 2,711
8 11
Total
94 13,911
53 96
Threshold
100
40,000
100
100
Vote Required?
No
No
No
No
Tribal Consultation (SB-18)
Pursuant to California Government Code Section 65352.3 (SB 18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the City must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received a response from the NAHC indicating that 12 tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on February 24, 2023. California 19-207
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. One tribal contact requested consultation within the 90-day period: the Gabrieleno Band of Mission Indians — Kizh Nation. Conditions of approval, specifically conditions 8 through 17 have been included to the satisfaction of the tribe to address potential concerns regarding the protection of Tribal Cultural Resources.
Planned Community Development Plan Amendment
PC-17 was originally adopted in 1992, and last amended in 2015. It sets a maximum development limit not to exceed 468,880 gross square feet. While PC-17 allows for adjustments to square footage for individual building sites to be reviewed by the Community Development Director, this provision only applies if the overall development limit is not exceeded. In this case, the project increases the total square footage for 20 Corporate Plaza, referred to within the PC-17 development plan as "Building Site 20," and the total development within PC-17, above the specified limit of 468,880 square feet. As such, PC-17 must be amended to account for the increased intensity.
Additionally, while PC-17 predominantly allows for office uses, medical offices are only allowed on specific building sites. PC-17 also sets a maximum allowance for total floor area that can be developed as a medical office. Currently 20 Corporate Plaza is not listed as a building site where medical uses are allowed. As such, PC must also be amended to allow a maximum of 5,081 gross square feet of medical office on Building Site 20. If approved, medical office will be allowed within Building Sites No. 2, 3, 8, 9, 11, 17, 20, and 22, and the new allowed total for medical offices will be a maximum of 84,928 square feet.
Redline/strikeout revisions to the PC-17 Development Plan are available as Attachment No. PC 3.
Conditional Use Permit
While PC-17 does not currently allow medical offices in Building Site 20, the Project would amend the allowed uses of PC-17 to include medical office at Building Site 20. The conditional use permit (CUP) is only required because the Applicant requests to waive a portion of the required off-street parking.
As discussed in the Project Setting section, the building was designed and constructed with surplus onsite subterranean parking to accommodate a future second floor addition; however, to maintain the existing building envelope above grade and due to project feasibility constraints, the applicant is proposing to convert a portion of the subterranean parking area into a medical office. Based on the PC-17 parking requirement of one space per 250 square feet of net floor area, the Project is required to provide 20 on -site parking spaces to accommodate the new medical office area where only 16 on -site parking spaces are able to be provided, resulting in a deficiency of four on -site parking spaces. 19-208
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
A parking study dated October 13, 2023, was prepared by RK Engineering Group, Inc. and is attached as Attachment No. PC 4. RK Engineering Group, Inc. completed observational surveys of PC-17's six parking zones within the shared parking pool. The study estimated the peak parking demand occurring at 11:00 AM on a weekday, with a total of 1,113 parking spaces occupied and a surplus of 418 available parking spaces.
Furthermore, the study found that the parking area adjacent to the project site, Zone 4, had sufficient vacancies to accommodate any spillover from the Project site.
The study was reviewed and accepted by the City's Traffic Engineer and demonstrates that PC-17 has an adequate number of parking spaces to accommodate the Project.
Development Agreement
Pursuant to NBMC Chapter 15.45, a Development Agreement (DA) is required because the Project includes new non-residential development in Statistical Area L-1. The applicant requests a 5-year term of agreement. The DA provides assurance that the applicant may proceed with the Proposed Project in accordance with existing policies, rules and regulations, and conditions of approval.
In addition to the 5-year term, the DA (Exhibit "E" of the Draft Resolution) specifies the permitted uses and maximum intensity consistent with the Project. The DA includes all mandatory elements, including public benefits that are appropriate to support conveying the vested development rights consistent with the City's General Plan, NBMC, and Government Code Sections 65864 et seq. Public benefits include the payment of $14 per square foot of construction granted by the GPA for a total of $37,954. 19-209
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential to have a significant effect on the environment.
The Class 3 exemption includes the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The exemption also includes additions of up to 10,000 square feet to an office within an urbanized area on sites zoned for such use if not using a significant amount of hazardous substances, all necessary public services are available, and the surrounding area is not environmentally sensitive. The Project involves the conversion of subterranean parking, in an urbanized area, resulting in an addition of 5,081 square feet of office floor space, which is consistent with the Class 3 exemption.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
Summary
If approved, the applicant will be allowed to convert a portion of the private, subterranean, parking at 20 Corporate Plaza to construct a 5,081-square-foot medical office. Four of the required parking spaces will be waived and the applicant will pay a public benefit fee of $37,954 for increasing the non-residential floor area within Statistical Area L1.
Altarnafivac
1. The Planning Commission may require or suggest specific changes that are necessary to alleviate any areas of concern. If the requested changes are substantial, staff will return with a revised resolution incorporating new findings.
2. If the Planning Commission chooses to deny the Proposed Project, the applicant would be able to add up to 2,379 square feet of floor area as business or professional office.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days 19-210
Baldwin & Sons Medical Office (PA2022-0158)
Planning Commission, December 21, 2023
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
Submitted by:
I-,- —�-A I -— �50�1
Jos n PereJaqfie Murillo, AICP
Associate Planner Acting Deputy Community Development Director BMZ/jp
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Project Plans
PC 3 Redline/Strike Out PC Text
PC 4 Parking Study, prepared by RK Engineering Group, Inc. 19-211
Attachment K
Draft Planning Commission Minute Excerpt, Dated December 21, 2023 19-212
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, DECEMBER 21, 2023
REGULAR MEETING — 6:00 P.M.
CALL TO ORDER — 6:00 p.m.
PLEDGE OF ALLEGIANCE — Commissioner Salene
III. ROLL CALL
PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene ABSENT: Commissioner Brady Barto
Staff Present: Assistant City Manager/Community Development Director Seimone Jurjis, Acting Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner David Lee, Associate Planner Joselyn Perez, Senior Planner Liz Westmoreland, and Administrative Assistant Clarivel Rodriguez IV. PUBLIC COMMENTS
None
V. REQUEST FOR CONTINUANCES
None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF DECEMBER 7, 2023
Recommended Action: Approve and file
Motion made by Commissioner Landford and seconded by Vice Chair Rosene to approve the minutes of the December 7, 2023, as amended.
AYES:
Ellmore, Lowrey, Langford, Harris, Rosene, and Salene
NOES:
None
ABSTAIN:
None
ABSENT:
Barto
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 1401 QUAIL STREET RESIDENCES (PA2023-0040)
Site Location: 1401 Quail Street
Summary:
A demolition of an existing office building and construction of 67 for -sale residential condominium units atop a 146-space parking structure. The proposed podium -style residential building is approximately 87 feet tall and consists of six -stories above grade with a subterranean parking level below. The application consists of the following components:
• General Plan Amendment — A request to change the existing General Plan Land Use Designation of the Property from CO-G (General Commercial Office) to MU-H2 (Mixed -Use Horizontal);
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Planning Commission Regular Meeting Minutes
December 21, 2023
• Planned Community Development Plan Amendment — An amendment to the Newport Place Planned Community (PC11) to include the Property within the Residential Overlay; • Maior Site Development Review - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project; • Tentative Vesting Tract Map — A Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC for condominium purposes of 67 dwelling units; • Affordable Housing Implementation Plan - A program specifying how the project would meet the City's affordable housing requirements, in exchange for a request of 27.5% increase in density. The applicant seeks development standard waivers and incentives pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law); • Development Agreement — A Development Agreement, between the applicant and the City, pursuant to Sections 15.45.020.A.2.a (Development Agreement Required) of the NBMC, which would provide the applicant with a vested right to develop the Project for a term of ten years and provide negotiated public benefits to the City; and
• Addendum to the 2006 General Plan Update Program Environmental Impact Reports - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the project.
Recommended Actions:
1. Conduct a public hearing;
Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental documentation for the project; and
3. Adopt Resolution No. PC2023-047 (Attachment No. PC 1) recommending the City Council adoption of an Environmental Impact Report Addendum, and approval of General Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Tentative Vesting Tract Map and Development Agreement, for the Residences at 1401 Quail Street Project located at 1401 Quail Street (PA2023-0040).
Senior Planner Lee used a presentation to review the project location and description, entitlements requested, dwelling unit summary, site plan, rendering of the motor court and parking entry, Spruce Street rendering, Housing Element, development standard waivers, incentives and concessions, development agreement, CEQA review, Condition of Approval 81 revision, recommendation, and next steps.
All Commissioners disclosed ex parte communications with the applicant.
Chair Ellmore opened the public hearing.
Rick Puffer, Vice President of Development at Intracorp Homes, used a presentation to review Intracorp background and the team and the project overview, entry, front elevation, site layout, podium deck level, penthouse level, side view of entry, entry inspiration, and pool deck layout. He outlined the development opportunity, public benefits, and "building the extraordinary" tagline and agreed to the conditions of approval.
Jim Mosher discussed possible inconsistencies with multiple General Plan Policies, including Policy 6.15.4 (Priority Uses), 6.15.10 (Regulatory Plans), and 6.15.18 (Walkable Streets).
Cort Ensign inquired about the setback to the adjacent property and courtyard dimensions, suggested reciprocal setbacks for the adjacent property, and noted the potential close proximity of the balconies.
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Planning Commission Regular Meeting Minutes
December 21, 2023
Mr. Puffer noted the setback is 10 feet to the edge and the decks are within the setback providing for equal treatment to an adjacent property.
Acting Deputy Community Development Director Murillo confirmed the project site is located outside the updated 65 CNEL noise contours and a correction to the resolution is needed.
Chair Ellmore closed the public hearing.
Commissioner Langford expressed excitement for a critical mass of housing projects, hoped others will follow, and supported the project.
Vice Chair Rosene liked that a for -sale project is being brought to the market, thought the building is attractive and will fit in with the community and Intracorp is a quality builder, believed he can make the findings, and supported the project. Commissioner Lowrey concurred.
Motion made by Vice Chair Rosene and seconded by Commissioner Langford to approve the item with the noise contour correction proposed by staff.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None
ABSTAIN: None
ABSENT: Barto
ITEM NO. 3 SOBER LIVING BY THE SEA ZONING AGREEMENT TERMINATION (PA2008-199) Site Location: Citywide
Summary:
Request to terminate Development Agreement 2008-005, a Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City of Newport Beach and Sober Living by the Sea Inc. dba Sierra by the Sea, Inc. The Zoning Agreement authorized the operation of residential care facilities in the City subject to specific limitations.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Existing Facilities of the CEQA Guidelines. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment, and it is not subject to CEQA; and
3. Adopt Resolution No. PC2023-044 recommending to the City Council to terminate Development Agreement NO. 2008-005, Zoning implementation and Public Benefit Agreement (PA2008-199).
In response to Vice Chair Rosene's question, Assistant City Manager Jurjis stated that residential care facilities with six or less occupants can get a permit from the State, and while Sierra by the Sea has not expressed an interest in this, it is a possibility.
Commissioners disclosed no ex parte communications.
Chair Ellmore opened the public hearing.
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Planning Commission Regular Meeting Minutes
December 21, 2023
Jim Mosher questioned why Sierra by the Sea offered the termination, stated they have no obligations remaining to the City, and suggested staff understand their motivation better.
Chair Ellmore closed the public hearing.
Motion made by Vice Chair Rosene and seconded by Secretary Harris to approve the item as recommended by staff.
AYES:
Ellmore, Lowrey, Langford, Harris, Rosene, and Salene
NOES:
None
ABSTAIN:
None
ABSENT:
Barto
ITEM NO. 4
BALDWIN & SONS MEDICAL OFFICE (PA2022-158)
Site Location: 20 Corporate Plaza
Summary:
A request to convert a portion of the existing subterranean private parking area beneath the general office building at 20 Corporate Plaza into a 5,081-square-foot medical office. The project would require the following approvals to implement:
• General Plan Amendment - To amend Anomaly Number 34 of Table LU2 in the General Plan Land Use Element to increase the maximum development limit by 2,711 square feet for a maximum development limit of 471,591 square feet.
• Planned Community Development Plan Amendment - To amend the Corporate Plaza Planned Community (PC-17) Development Plan to allow a maximum gross building floor area of 471,591 square feet and to add "medical office" as an allowed use for Building Site 20. • Conditional Use Permit - To allow an adjustment to the required off-street parking by waiving four spaces required for the new medical office.
• Development Agreement -The consideration of development agreement providing development rights in exchange for public benefits in accordance with Chapter 15.45 (Development Agreements) of the Newport Beach Municipal Code.
Recommended Actions:
1. Conduct a public hearing;
2. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 (New Construction or Conversions of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2023-045 recommending City Council approval of PA2022-0158, which includes the requested General Plan Amendment, Planned Community Development Plan Amendment, Conditional Use Permit, and Development Agreement, for the Baldwin & Sons Medical Office, located at 20 Corporate Plaza.
Associate Planner Perez used a presentation to review the project vicinity map, existing site development and surplus subterranean parking lot, proposed project design, and discussed in detail the required approvals including a General Plan Amendment, Planned Community Development Plan Amendment, Conditional Use Permit, and Development Agreement, and concluded her presentation by providing recommendations and next steps.
In response to Commission Langford's questions, Acting Deputy Community Development Director Murillo stated that the Irvine Comdpany transferred some unbuilt square footage left in the anomaly to a different area
19-216
Planning Commission Regular Meeting Minutes
December 21, 2023
of Newport Center. Associate Planner Perez noted that the 2015 transfer of development rights took square footage out of anomaly 34 and moved it into a different anomaly.
Commissioners disclosed no ex parte communications.
Chair Ellmore opened the public hearing.
Omar Dandashi, applicant and project director, agreed to the conditions of approval and in response to Vice Chair Rosene's questioned stated that there is no specific user identified.
Jim Mosher questioned if adding additional sites for medical office is compatible with the original intent of the planned community development plan and disagreed with the Charter Section 423 analysis on page 22 due to previous disagreements with the processing of the Newport Beach Tennis and Pickleball Club General Plan Amendment.
Acting Deputy Community Development Director Murillo stated that the intent of the planned community was to allow for general office use and subsequent amendments allowed for medical offices. Medical office is consistent with the overall General Plan Land Use designation for the site. Furthermore, he noted that the amendment does not trigger a vote under Charter Section 423.
Chair Ellmore closed the public hearing.
Motion made by Secretary Harris and seconded by Commissioner Salene to approve the item as recommended.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None
ABSTAIN: None
ABSENT: Barto
ITEM NO. 5 LIDO MARINA VILLAGE PARKING MANAGEMENT PLAN (PA2021-089) Site Location: 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via Lido, 3400 through 3450 Via Oporto (even), and 3421 through 3505 Via Oporto (odd)
Summary:
The applicant requests to amend the existing conditional use permit (UP2017-019) that authorized a parking reduction and parking management plan (PMP) for Lido Marina Village (LMV). The applicant requests to remove the current requirement for off -site employee parking at Hoag Health Center (540 Superior Avenue) based on changes in tenancy and an associated reduction in demand for parking at the site. Other minor changes to the PMP are proposed such as increasing the capacity of employee parking on -site within the existing LMV parking structure and waiving additional parking spaces. If approved, this Conditional Use Permit would supersede Use Permit No. UP2017-019. The project also includes a coastal development permit to evaluate the change in intensity related to the parking reduction, PMP, and off -site parking.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and
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Planning Commission Regular Meeting Minutes
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3. Adopt Resolution No. PC2023-046 approving Conditional Use Permit and Coastal Development Permit filed as PA2021-089 and superseding Conditional Use Permit No.
UP2017-019 (PA2017-153).
Senior Planner Westmoreland used a presentation to review the project location, background, and proposal, required City approvals, parking demand analysis, proposed Parking Management Plan, revisions to the resolution, and recommendation.
In response to Commissioner Salene's question, Senior Planner Westmoreland noted that the docks are private and are operated by DJM.
In response to Vice Chair Rosene's question, Senior Planner Westmoreland confirmed that the parking analysis is based on the Applicant not using the offsite parking and making it better with valet parking.
In response to Secretary Harris' question, Senior Planner Westmoreland stated that the 100 spaces were leased at Hoag for employees and two conditions of approval allow for changes to the parking management plan if issues arise.
In response to Commssioner Langford's questions, Senior Planner Westmoreland indicated that Condition of Approval 18 provides for a public vertical walkway that connects the street to the waterfront boardwalk and there is no known history of special event permit requests.
Commissioners disclosed no ex parte communications.
Chair Ellmore opened the public hearing.
Amber Wesley, DJM representative, relayed their intention to reduce the requirement for parking at Hoag because they think the need for off -site parking is no longer. She agreed to the conditions of approval.
Ingrid Yankauskas noted the stress from the parking arrangement.
Jim Mosher inquired about the potential return of a similar tenant as Electra and noted challenges finding parking during times of high occupancy and asked the Commission to consider the continued impact from the Finley Tract.
Scott Simmers noted the challenges created from the parking arrangement and concerns for safety, and the original intent of the shuttle was to take the pressure of the neighborhood. Mr. Simmers referenced the prior effort to require resident parking permits in the Finley Tract.
In response to Chair Ellmore's question, Ms. Wesley stated that the charter cruise slips are now being used for private leasing and the applicant does not plan on leasing to large charters in the future.
In response to Commssioner Harris' question, Ms. Wesley relayed that there is no charge to the employees to park at Hoag or in the parking structure and noted signage indicating excluded employee parking areas, valet service for parking lot overflow, and a designated parking area for employees.
In response to Commissioner Langford's questions, Ms. Wesley stated that the 2016/18 Parking Management Plan revisions addressed employee parking charges and there are no new changes to the Parking Management Plan.
In response to Vice Chair Rosene's concern, Ms. Wesley indicated that they were not aware until now of any complaints from the Finley Tract since the implementation of the 2018 Parking Management Plan. Jonathan Maroney, representative for LAZ Parking, explained the free employee parking program called Pilot Program, reported no issues, and relayed that contact and vehicle information is collected upon registration. The Pilot
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December 21, 2023
Program is optional and free of charge and the 100 off -site parking spots can be used for special events without an annual lease agreement with Hoag.
Assistant City Manager Jurjis relayed that the City's permit parking program for Finley Tract residents was unsuccessful with the California Coastal Commission (CCC) pre-COVID and proposed trying again. He indicated that he has not received any reports from the Finley Tract residents since parking changed to no fee.
Chair Ellmore closed the public hearing.
Commissioner Lowrey suggested a new "A" in Condition of Approval 16 that includes language that notifies employees of the program or requests car registrations.
Commissioner Harris expressed interest in a tracking mechanism for enforcement, like forced registration. He noted that there are other uses in the vicinity with employees.
Commissioner Salene noted that Condition of Approval 15 includes language that requires each tenant and employee to register their car and use vehicle stickers.
Vice Chair Rosene supported enforcement, the use of vehicular stickers, and staff returning to the Coastal Commission for a Finely Tract permit parking program. He recommended this matter be an actionable item and supported the proposal on this basis.
Chair Ellmore noted that parking will always be a challenge in that area and the City will do the best it can with the challenge.
Motion made by Chair Ellmore and seconded by Vice Chair Rosene to approve the item.
AYES:
Ellmore, Lowrey, Langford, Harris, Rosene, and Salene
NOES:
None
ABSTAIN:
None
ABSENT:
Barto
STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
None
ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA
Acting Deputy Community Development Director Murillo relayed one appeal matter on the January 4 Planning Commission agenda, announced the appeal to the CCC of the Dawson residence variance on December 11 and that City Hall will be closed between Christmas and New Years, and thanked the Planning Commission for their service over the past year.
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
None
ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 7:23 p.m.
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Planning Commission Regular Meeting Minutes
December 21, 2023
The agenda for the December 21, 2023, Planning Commission meeting was posted on Thursday, December 14, 2023, at 8:00 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, December 14, 2023, at 8:15 p.m.
Curtis Ellmore, Chair
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