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HomeMy WebLinkAbout20200220_Resolution_PC2020-005Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL March 6, 2020 Law Office of Phillip B Greer 1300 Bristol St N, Suite 100 Newport Beach CA 92660 surflaw@aol.com Subject: Conditional Use Permit No. UP2019-045 20321 Irvine Ave, Suite F3 Bonakdar Institute CUP (PA2019-171) Dear Mr. Greer, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Planning Commission on February 20, 2020 and effective on March 6, 2020. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. For additional information on filing an appeal or should you have any questions, please contact our office at 949-644-3200 or you may contact me directly at 949-644- 3312 or jperez@newportbeachca.gov. Sincerely, BMZ/jp cc: Monica Bonakdar MD 2121 E. Coast Hwy. Suite 250 Corona Del Mar, CA 92625 drb@bonakdarmd.com RESOLUTION NO. PC2020-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2019-045 FOR A MEDICAL OFFICE LOCATED AT 20321 IRVINE AVENUE, UNIT F3 (PA2019- 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 Bonakdar Institute ("Applicant") with respect to the property located at 20321 Irvine Avenue, Unit F3, and legally described as Parcel 1 of Parcel Map No 269-39 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 ("Property"), requesting approval of a conditional use permit. 2. The Applicant proposes to operate an approximately 3,314-square-foot medical office (i.e . medical spa) that provides nonsurgical, aesthetic, treatments within the Jetty, an existing professional office park. Patients would be seen on an appointment-only basis and it is anticipated that the facility would treat five (5) to seven (7) patients a day with thirty (30)- to forty-five (45)-minute procedures. The facility would operate from approximately 9 a.m . to 5 p.m., Monday through Friday ("Project"). Patient access and treatment would be restricted to the first floor of the suite only. 3. The Property is designated General Commercial Office (CO-G) by the City of Newport Beach 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; therefore, a coastal development permit is not required. 5. A public hearing was held on February 20, 2020, in the Council Chambers at 100 Civic Center Drive, Newport Beach, CA. A notice of time, place and purpose of the hearing was given in accordance with the Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2 . CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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, Division 6, Chapter 3. Planning Commission Resolution No. PC2020-005 Page 2 of 8 2. The Class 1 exemption authorizes the operation, repair, maintenance and minor alterations of existing buildings. The proposed use will be located within an existing development and only minor alterations will be required to accommodate the new use. SECTION 3. REQUIRED FINDINGS. In accordance with Newport Beach Municipal Code ("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: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. 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 medical spa 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 Property is located within the Santa Ana Heights Specific Plan (SP-7) and within the Professional and Administrative (PA) Office District. While a medical office is not listed as an allowed use, 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 PA Office District. 3. The PA 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 Project would occupy an existing office space and would operate similarly to a traditional business or professional office use with hours from approximately 9:00 a.m. to 5:00 p.m., Monday through Friday ("Hours of Operation"). The medical office anticipates a maximum of seven (7) patients per day by appointment only. 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: 1. All Facts in Support of Finding A are hereby incorporated by reference. 01-25-19 Planning Commission Resolution No. PC2020-005 Page 3 of 8 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 . Pursuant to NBMC Section 20.40.040 (Off-Street Parking Spaces Required), the first 50,000 square feet of an office park requires one (1) parking space per 250 square feet of net floor area , and the next 75,000 square feet of office requires one (1) space per 300 square feet of net floor area . Medical offices, if not more than twenty (20) percent of the total net floor area of the office park, share identical parking requirements . The existing office park has a gross floor area of 83,688 square feet and a net floor area of 80,289 square feet. The proposed medical spa, combined with a previously approved plastic surgery center and chiropractor office, totals 10,510 square feet of net floor area, which is approximately thirteen (13) percent of net floor area of the office park . Therefore, the proposed medical office shares an identical parking requirement as an office use and no additional parking is required for the change in use . 4 . The Jetty office park consists of six (6) buildings with an aggregate floor area of approximately 80,289 square feet. Approximately 77,354 square feet of the Jetty is office uses (including the existing and proposed medical office uses) and require 292 parking spaces . The remaining 2,935 square feet is occupied by a tutoring center, which was approved by a use permit (UP2015-015). The tutoring center use requires 27 spaces based on the requirement of one (1) space per peak staff; however, 18 required spaces were waived as part of the approval. Parking is sufficient for the entire office park as 301 spaces are required and 301 spaces are provided. 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 Project is a medical office within the Jetty , which already 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 Jetty abuts residential uses to the north and west. The subject building (Building F) is located at the southwestern portion of the Property and abuts Irvine Avenue . The medical office would utilize standard business hours, and conduct business on an appointment only basis . The med ical office is anticipated to operate similarly to a typical office space and would not impact residential uses to the north and west. 3 . Adequate parking exists to the support the Project, as discussed in Facts in Support of Finding B .3 and B.4 . 01-25-19 Finding: Planning Commission Resolution No. PC2020-005 Page 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. 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. 2. Medical offices have been previously reviewed and approved by the Planning Commission (in 2017 and 2019). Based on both the hours of operation and limited number of patients, the Project is anticipated to operate similarly to adjacent uses and is therefore physically suitable for the office park. 3. Emergency access to the Property is currently provided by a single driveway approach from Irvine Avenue. Access through the site 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. 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, 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 medical 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. 01-25-19 Planning Commission Resolution No . PC2020 -005 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 finds 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 , Division 6 , Chapter 3. 2 . The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No . UP2019-045 , 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 adopte d unl e ss within such time an appeal is filed with the City Clerk in accordance with the provisions of NBMC Title 20 (Planning and Zoning). PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY, 2020. AYES: Ellmore , Klaustermeier , Koetting , Lowrey , Rosene , and Weigand NOES : ABSTAIN : ABSENT: Kleiman 0 1-25 -1 9 Planning Division Planning Commission Resolution No. PC2020-005 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 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 Conditional Use Permit. 4. Any proposed signs shall be in conformance with the approved Comprehensive Sign Program for the Property and provisions of NBMC Chapter 20.42 (Sign Standards). 5. Conditional Use Permit No. UP2019-045 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 6. 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. 7. This Conditional 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. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and approval by the Planning Division and may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 9. 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. 01-25-19 Planning Commission Resolution No. PC2020-005 Page 7 of 8 10. 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. 11. 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. 12. Construction activities shall comply with NBMC Section 10.28.040 (Construction Activity -Noise Regulations), 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. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. All trash shall be stored within the building or within dumpsters stored in the trash enclosure or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 15. Trash receptacles for patrons shall be conveniently located both inside or outside of the establishment, however, not located on or within any public property or right-of-way. 16. 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. 17. 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). 18. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Conditional Use Permit. 19. 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. 20. 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 01-25-19 Planning Commission Resolution No . PC2020-005 Page 8 of 8 media broadcast, or any other activities as specified in the NBMC to require such permits. 21 . 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 Planning and Zoning. 22. 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 Bonakdar Institute including, but not limited to, Conditional Use Permit No. UP2019-045 (PA2019-171). Th is 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 A pplica nt, City , a nd/or th e pa rti es 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. Building Division 23 . 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 . Approval from the Orange County Health Department is required prior to the issuance of a building permit. 24 . Prior to issuance of a building permit, a note is to be added to the plans that states: "The first floor shall be the only level to provide health care services to the public for accommodations normally sought and used by the public in this unit and the first floor shall be accessible to and usable by persons with disabilities per section 11 B-206 .2 .3 exception 1.2 of the 2016 California Building Code 201 Part 2, Volume 1 edition. The second floor of this unit shall only be used by the staff. The general public shall not have access to the second floor for any purpose ." 25. Prio r to issuance of a building permit, a letter from the Owner's or Applicant's , whichever is applicable, attorney acknowledging the prohibition of patients using the second floor shall be produced and memorialized within the construction documents, as a condition of not providing an elevator. 26 . An elevator, per section 3002.4a CBC , shall be provided if any treatments are conducted on the second floor or if patients are allowed to access the second floor . 0 1-25-19