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HomeMy WebLinkAboutZA2020-034 - APPROVING MINOR USE PERMIT NO. UP2020-001 FOR A MEDICAL OFFICE LOCATED AT 20201 BIRCH STREET, SUITE 100 (PA2020-007)RESOLUTION NO. ZA2020-034 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2020-001 FOR A MEDICAL OFFICE LOCATED AT 20201 BIRCH STREET, SUITE 100 (PA2020-007) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by MLJ Resources, LLC (“Applicant”) with respect to property located at 20201 Birch Street, Suite 100, and legally described as Parcel 2 of Tract No. 706, as shown on a map recorded in Book 21, Page 25, of Miscellaneous Maps, in the Office of County Recorder, in the County of Orange (Parcel 2 of Parcel Map No. 88-326) requesting approval of a minor use permit. 2. The Applicant proposes to establish a multipurpose wellness center within a 3,152-square- foot tenant space of an existing commercial office building. Services would be appointment-based and administered one-on-one, including general medical and chiropractic care, acupuncture, massage therapy, nutritional coaching, and therapeutic fitness (yoga and Pilates). 3. The subject 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 – Business Park District (SP-7 [BP]). 4. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on April 16, 2020, in the Corona del Mar Conference Room (Bay E-1st Floor) 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. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 150301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Zoning Administrator Resolution No. ZA2020-034 Page 2 of 9 01-25-19 3. Project implementation would consist of a limited tenant improvement to bring the existing suite into compliance with Building Code accessibility requirements. This work would consist of repositioning nonstructural walls, restructuring the restroom space, and reconfiguring interior fixtures. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The property is designated General Commercial Office (CO-G) within the Land Use Element of the General Plan, which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The proposed personal service use offers medical treatments, ancillary massages, and a number other health and wellness services to those who live, work, and visit the city, consistent with the CO-G designation. 2. The property is located within the Business Park District of the Santa Ana Heights Specific Plan (SP-7 [BP]) which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. 3. The principal use of the tenant space will be a chiropractic and wellness center (i.e., medical use) offering services that include general medical and chiropractic care, acupuncture, massage therapy, nutritional coaching, and therapeutic fitness (yoga and Pilates). Pursuant to the NBMC Section 20.90.120.B (Business Park District: SP-7 [BP] - Principal Uses Permitted), medical uses in SP-7 (BP) may be permitted subject to the approval of a minor use permit. 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. See Fact in Support of Finding A.3. 2. An existing general office currently occupies the subject suite, but conversion to a medical office in this case does not increase parking demand. Pursuant to Table 3- Zoning Administrator Resolution No. ZA2020-034 Page 3 of 9 01-25-19 10 of NBMC 20.40.040 (Off-Street Parking Requirements), offices under 50,000 square feet and not more than 20 percent medical office use may be parked at the general office rate of 1 space per 250 square feet of gross floor area. The subject building contains 22,045 square feet of gross floor area and LIV Integrative Health would be the only medical use at 14% of the building (3,152 sq. ft. suite / 22,045 sq. ft. total office building). As a result, the proposed medical use is parked at the existing 1 per 250 square foot rate for general office. View the Applicant’s parking summary as Attachment No. ZA 3 for uses and suite sizes on-site. 3. As conditioned, the proposed use will comply with all other applicable provisions of the NBMC. 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 developed with three, two-story office buildings and a surface parking lot. The surrounding area consists of a mixture of nonresidential uses - including general and medical offices – and a row of nonconforming residential uses. The proposed use will provide a service consistent with neighboring uses and will be located in an area of Santa Ana Heights which prohibits residential uses, thereby limiting any detriment to residents of the City. 2. Based on operational characteristics, the use is not considered an independent massage facility. Ancillary medical and massage treatments offered constitute a small portion of the overall floor area, thereby limiting any potential blight or deterioration to the surrounding area. 3. The proposed use will not require the provision of additional parking on-site, as discussed in Fact in Support of Finding B.2. 4. As conditioned, the allowed hours of operation are from 8 a.m. to 7 p.m., daily. This will help to limit any potential late night or early morning land use conflicts with allowed uses on nearby properties. LIV Integrative Health provides specialized, individual care by appointment, and this lower type of intensity is expected to maintain compatibility with nearby professional office uses during these recommended hours. 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. Zoning Administrator Resolution No. ZA2020-034 Page 4 of 9 01-25-19 Facts in Support of Finding: 1. The existing subject two-story office building and surface parking is physically suitable to accommodate multiple uses. Access to the property is currently provided by a single driveway approach from Birch Street. Through the site, access is provided by a large surface parking area with drive aisles that are at least 24 feet in width. No changes to emergency access are proposed and onsite circulation would not change as part of the Project. 2. All proposed tenant improvements, with the exception of signage, would be limited to the inside of the existing office building and would not affect pedestrian circulation, parking spaces, or access to existing tenants. 3. Adequate public and emergency vehicle access, public services, and utilities are provided on the property and the proposed use will not change this. 4. The Property, 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. Finding: E. Operation of the use at the location proposed would 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 of the proposed use. Facts in Support of Finding: 1. The proposed use is intended to serve residents and visitors to the City of Newport Beach. 2. A medical office within an existing office park would operate similarly to a standard professional office and would not constitute a hazard to the public. 3. 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. 4. The proposal has been reviewed by the Building and Code Enforcement Divisions, Public Works, Fire, and Police Departments, and recommended conditions of Zoning Administrator Resolution No. ZA2020-034 Page 5 of 9 01-25-19 approval have been included to limit any detriment to the City or general welfare of persons visiting or working in the surrounding neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilitates) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2020-001, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2020. Zoning Administrator Resolution No. ZA2020-034 Page 6 of 9 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. The hours of operation shall be limited to between 8 a.m. and 7 p.m., daily. 5. Prior to the issuance of a building permit, applicable Fair Share Traffic Fees shall be paid to convert the space from office to medical office in accordance with NBMC Chapter 15.38 (Fair Share Traffic Contribution Ordinance). The Applicant shall be credited for the existing office use and shall pay the net difference for the medical office use. The fees shall be consistent with those in effect at the time the building permit is issued. 6. The operation of an independent massage business is not permitted unless an amendment to this Minor Use Permit or a new Use Permit is first approved. 7. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. 8. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 9. Use Permit No. UP2020-001 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Exceptions), unless an extension is otherwise granted. 10. This Use Permit may be modified or revoked by the Zoning Administrator if determined 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. Zoning Administrator Resolution No. ZA2020-034 Page 7 of 9 01-25-19 11. 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. 12. 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. 13. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, 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. 14. Prior to the issuance of a building permit, the Applicant shall pay a fair share fee for suite’s change of use from general to medical office. A credit shall be applied based on the existing use of the tenant space. 15. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7 a.m. and 10 p.m. Between the hours of 10 p.m. and 7 am. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 16. 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. 17. Construction activities shall comply with NBMC 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. 18. 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. Zoning Administrator Resolution No. ZA2020-034 Page 8 of 9 01-25-19 19. 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. 20. 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. 21. 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). 22. 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. 23. 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. 24. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 25. 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 Title 20 Planning and Zoning of the Newport Beach Municipal Code. 26. 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 LIV Integrative Health including, but not limited to, Minor Use Permit No. UP2020-001 (PA2020-007). 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 Zoning Administrator Resolution No. ZA2020-034 Page 9 of 9 01-25-19 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. Police Department 27. Strict adherence to NBMC Chapter 5.50 (Massage Establishments) must be upheld. 28. All employees of the Applicant’s business who conduct massages must be certified by the California Massage Therapy Council (CAMTC) (physicians, physical therapists, and chiropractors exempt). Building Division 29. A building permit with plans showing all improvements and compliance with disable access standards will be required for the change of use from office to medical office.