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HomeMy WebLinkAbout2070 - CUP Chiropractic Facility - 20341 Irvine AvenueRESOLUTION NO. 2070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT UP2017-024 FOR A CHIROPRACTIC FACILITY LOCATED AT 20341 IRVINE AVENUE (PA2017-171) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1 An application was filed by Dr. Anthony Fedoryk ("Applicant"), with respect to property located at 20341 Irvine Avenue (Unit D1) and legally described as Parcel 1 of Parcel Map No 89-128 in the unincorporated territory of Orange County a portion of Lot 21, Tract No. 456, Recorded in Book 17, Page 9 of Miscellaneous Maps in the office of the County Recorder of said county (the "Property"), requesting approval of a conditional use permit. 2. The Applicant proposes to operate a chiropractic facility within an existing professional office park. The tenant space would consist of approximately 2,225 square feet and the facility would operate from approximately 9 a.m. to 5 p.m., Monday through Friday (the "Project"). 3. The Property is designated General Commercial Office (CO -G) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan (SP -7) Professional and Administrative Office Zoning District, 4. The Property is not located within the coastal zone. 5. A public hearing was held on November 9, 2017 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 2. The Class 1 exemption authorizes the operation, repair, maintenance and minor alterations of existing buildings. The proposed uses will be located within an existing development with only minor alterations required to accommodate the new use. Planning Commission Resolution No. 2070 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of the findings are set forth: Conditional Use Permits and Minor Use Permits Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: The General Plan Land Use Element designates the site for commercial uses under CO- G (General Commercial Office). This designation is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. A chiropractic facility is considered a medical office use and allowed under the existing General Plan designation. The proposed medical office use would be part of an existing office park (the "Jetty") and would be consistent with the associated land use designation and General Plan. 2. The subject site is located within the Santa Ana Heights Specific Plan within the Professional and Administrative Office District (PA). Medical office is not listed as an allowed use; however, a conditional use permit may be approved for an unlisted use if it is determined to be consistent with the intent and purpose of the Professional and Administrative Office District. 3. The Professional Administrative Office District is established to provide for the development and maintenance of an optimal environment for moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off-street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial uses, and may be used to buffer residential uses. The proposed chiropractic office would occupy an existing office space and would operate similar to a traditional business or professional office use with hours from approximately 9 a.m. to 5 p.m., Monday through Friday ("Hours of Operation"). The use would be of moderate intensity, pursuant to the intent of the district. The proposed suite is located at the rear of the property away from the entry and business park frontage. 4. Pursuant to Zoning Code Section 20.40.040 (Off -Street Parking Spaces Required), the proposed medical office use requires 11 parking spaces. The parking spaces are provided in the shared parking pool, which provides the minimum number of code required parking for the existing and proposed mix of uses. 07-11-17 Planning Commission Resolution No. 2070 Paqe 3 of 8 Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: Facts in support of Finding A are hereby incorporated by reference. 2. Tenant improvements to the existing tenant space are interior and will require the issuance of applicable building permits. No changes to the existing gross floor area or building footprint are proposed. 3. The medical office use would occupy approximately 2,225 square feet and no changes to the gross floor area of the building are proposed. The parking demand for the existing office suite is one space per 250 square feet of floor area, or nine spaces for the suite. The proposed medical office use would require parking at one space per 200 square feet of floor area or 11 spaces, thereby resulting in a net increase in parking demand of two spaces. A previously approved tutoring center performed a parking analysis for the Jetty. The report concluded that the Jetty would maintain an excess of five spaces. The tenant mix has not changed since the tutoring center was approved; therefore, the five excess spaces are still available. The proposed chiropractic facility would utilize two of these available spaces to offset the net increase in parking demand. Finding: C. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The proposed Project is a medical office use within the Jetty. The Jetty contains a mix of professional and administrative offices, support uses, as well as a tutoring center. As conditioned, it is expected to operate in a manner compatible with other tenants and land uses in the building and office park. 2. The existing office park abuts residential uses to the north and west. However, the subject building (Building D) is located at the rear of the property and abuts the golf course thereby providing a buffer of an office building, block wall, and landscaping between uses. Furthermore, the chiropractic facility would utilize standard business hours, occupy less than 2,500 square feet, and conduct business on an appointment only basis. Therefore, the proposed medical office use is anticipated to operate similar to a typical office space, and would not impact residential uses to the north and west. 3. Adequate parking exists to the support the proposed use, as discussed in Finding B.3. 07-11-17 Planning Commission Resolution No, 2070 Paqe 4 of 8 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. Facts in Support of Finding: 1. The proposed tenant improvements would be limited to the inside of the existing office building and would not affect pedestrian circulation, parking spaces, or access to existing tenants. 2. The proposed Project is a medical office use within an existing office park, the Jetty. The Jetty contains a mix of professional and administrative offices, support uses, as well as a tutoring center. Based on the Hours of Operation and nature of the small-scale chiropractic use, this medical office use is anticipated to operate similarly to adjacent uses and is therefore physically suitable for the office park. 3. Emergency access to and through the Jetty is currently provided from Irvine Avenue. No changes to emergency access are proposed and onsite circulation would not change. 4. The Jetty, including the subject tenant space, is adequately served by public services and utilities. 5. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and plans will be reviewed prior to the issuance of building permits. 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 chiropractic office within an existing office park would operate similarly to a standard professional office and would not constitute a hazard to the public. 2. The Project includes conditions of approval to ensure that potential conflicts with the surrounding land uses and City as a whole are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the business. 07-11-17 Planning Commission Resolution No. 2070 Page 5 of 8 3. The Hours of Operation are compatible with offices in the Jetty. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-024 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 following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF NOVEMBER, 2017. AYES: Dunlap, Kleiman, Koetting, Lowrey, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Kramer BY: Petr Koettin Chair all BY: Erik W igan Secretary 07-11-17 Planning Commission Resolution No. 2070 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING The Project 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. Use Permit No. UP2017-024 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060(A). 3. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. Prior to the issuance of building permits, applicable Fair Share Traffic Fees shall be paid to convert the space from office to medical office in accordance with NBMC Chapter 15.38. The Applicant shall be credited for the existing office use, and shall pay the net difference for the medical office use. 6. This Use Permit 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 change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. 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. 9. 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. 10. Should the Property be sold or otherwise come under different ownership, any future 47-11-17 Planning Commission Resolution No. 2070 Page 7 of 8 owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 11. Construction activities shall comply with NEMC Section 10.28.040, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 12. No outside paging system shall be utilized in conjunction with this establishment. 13. 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. 14. 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 NBMC Title 14, including all future amendments (including Water Quality related requirements). 15. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 16. 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. 17. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of NBMC Title 20. 18. 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 Irvine Avenue Chiropractic Facility CUP including, but not limited to, Conditional Use Permit No. UP2017-024 (PA2017-171). 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, 07-11-17 Planning Commission Resolution No. 2070 Page 8 of 8 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. Building Division Conditions 19. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Public Works Conditions 20. County Sanitation District fees shall be paid prior to the issuance of any building permits. 07-11-17