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HomeMy WebLinkAbout20200220_PC_Staff Report CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT February 20, 2020 Agenda Item No. 3 SUBJECT: Bonakdar Institute (PA2019-171) ƒ Conditional Use Permit No. UP2019-045 SITE LOCATION:20321 Irvine Avenue, Unit F3 APPLICANT: Bonakdar Institute OWNER: The Jetty Newport Beach, LLC PLANNER:Joselyn Perez, Assistant Planner 949-644-3312, jperez@newportbeachca.gov PROJECT SUMMARY The application is for a conditional use permit (CUP) to allow the operation of a medical office (i.e. medical spa) that provides nonsurgical, aesthetic treatments within an existing professional office park. The subject site is located within the Santa Ana Heights Specific Plan (SP-7) within the Professional and Administrative Office (PA) District. Medical offices are 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 PA District. The tenant space would consist of 3,314 square feet of gross floor area and treatments would be limited to the first floor of the suite only. Patients would be seen on an appointment- only basis and it is anticipated that the facility would treat five to seven patients a day with 30- to 45-minute procedures. The facility would operate from approximately 9 a.m. to 5 p.m., Monday through Friday, and would have approximately two employees. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2020-005 approving Conditional Use Permit No. UP2019- 045 (Attachment No. PC 1). 4) Direct the Community Development Director to prepare a Determination that medical office uses and similar uses are consistent with the purpose and intent of the SP- 7/PA district and are, therefore, allowable. 1 INTENTIONALLY BLANK PAGE2 Bonakdar Institute (PA2019-171) Planning Commission, February 20, 2020 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE CO-G (General Commercial Office) Santa Ana Heights Specific Plan (SP-7) Professional and Administrative Office Office Park NORTH RS-D (Single Unit Residential) SP-7 Residential Single Family (8000) (N) Single-Family Residential SOUTH PR (Parks and Recreation) SP-7 Open Space / Recreational Golf Course EAST (County of Orange) Open Space SP-7 Open Space Recreation Golf Course WEST RM (Multiple-Unit Residential) SP-7 Residential Multiple Family (1500) Multi-Family Residential Subject Property 3 INTENTIONALLY BLANK PAGE4 Bonakdar Institute (PA2019-171) Planning Commission, February 20, 2020 Page 3 INTRODUCTION Project Setting The project site is located in the “Jetty” office park on Irvine Avenue near Mesa Drive. It is bounded to the north by residential uses within SP-7, to the south by Irvine Avenue and Newport Beach Golf Course, to the west by multi-family residential within SP-7, and to the east by the Newport Beach Golf Course. The Jetty office park is comprised of six buildings totaling 80,289 square feet of net floor area on approximately 4.71 acres. The office park was annexed from the County of Orange in 2008, and it contains a mix of professional and administrative offices, support uses, an existing chiropractic facility, an existing plastic surgery center, as well as a tutoring center. The existing chiropractic facility was approved by the Planning Commission on November 9, 2017, (Resolution No. 2070) and the plastic surgery center was approved by the Planning Commission on May 9, 2019, (Resolution No. PC2019-010). The office park is served by an existing 301-space surface parking lot. While medical office is not specifically listed as a permitted use, the PA zoning district allows for an unlisted use if it is determined to be consistent with the intent and purpose of the Professional and Administrative Office District. In the previous two examples, the Planning Commission made the determination that the uses were indeed consistent with the purpose and intent of the PA zone. Project Description The applicant proposes to establish a new medical office within the Jetty office park. The medical office would be located within Building F and would occupy approximately 3,314 square feet of gross floor area. Patients would be seen on an appointment-only basis and it is anticipated that the facility would treat five to seven patients a day with 30- to 45-minute procedures. The facility would operate from approximately 9 a.m. to 5 p.m., Monday through Friday. As proposed, patients would enter the suite from the parking lot area and check in with the receptionist located adjacent to the front entry. Patients would then be escorted by an assistant to either the photo room to have their picture taken, the receiving room to have pre-treatment services provided (such as numbing), or to one of the four therapy suites for treatment. The tenant space will also be improved with restrooms and skin care products would be on display and available for purchase. Additional rooms on the first floor include a washer and dryer room and a mechanical room. These rooms would serve to support the medical office and would not be accessed by patients. The second floor is proposed to only be accessed by staff. The second floor includes office space, an employee lounge, and an employee kitchen. 5 Bonakdar Institute (PA2019-171) Planning Commission, February 20, 2020 Page 4 DISCUSSION Analysis Medical office uses do not typically require conditional use permits to operate in the City of Newport Beach. They are usually permitted or prohibited in commercial or office districts; however, the subject site is not located within a standard zone. The Santa Ana Heights Specific Plan (SP-7) governs the site and it contains separate requirements. Pursuant to SP-7, a medical office is not listed as an allowed use for property designated Professional and Administrative (PA) Office District but 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. Analysis regarding consistency with the purpose and intent of the district is provided below. Furthermore, medical uses are not listed as prohibited uses nor as permitted temporary uses. Ultimately, operation of the proposed use with limited hours would not be substantially different from the existing office spaces that previously occupied the subject suite. General Plan 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 office use is explicitly listed as an allowed activity 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. Local Coastal Plan The subject site is not located within the Coastal Zone; therefore, Title 21 (Local Coastal Program Implementation Plan) does not apply to the project and a coastal development permit is not required. Zoning Code and Specific Plan As indicated, a medical office use is not listed as an allowed use and SP-7 allows the Planning Commission to allow the use, subject to a conditional use permit if it finds the use consistent with the intent and purpose of the Professional and Administrative Office (PA) District, which is excerpted below. “The PA 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 6 Bonakdar Institute (PA2019-171) Planning Commission, February 20, 2020 Page 5 streets or adjacent to commercial or industrial uses, and may be used to buffer residential uses.” The proposed medical office would occupy an existing office space and would operate similarly to other business or professional office uses with similar hours from approximately 9 a.m. to 5 p.m., Monday through Friday. The use would be of moderate intensity, pursuant to the intent of the district. There would be no increased noise, odor or hazards attributable to the use compared to other business or professional office uses. The subject building (Building F) is located at the southwestern portion of the property that abuts Irvine Avenue, and the proposed medical use within the building would not impact residential uses to the north and west. As previously stated, the Planning Commission approved conditional use permits within the same office park for both a chiropractic facility on November 9, 2017 and a plastic surgery center on May 9, 2019. Both the plastic surgery center and the chiropractic facility are defined as medical offices, which uses are not listed as allowed within the PA District of SP-7. The Planning Commission determined both of these uses to be consistent with the purpose and intent of the SP-7 Professional and Administrative Office District because they both utilize standard business hours, are relatively small in space, and conduct business on an appointment-only basis which is compatible with the surrounding tenants in the office building and office park and is also consistent with the intent and purpose of the PA zoning district. Staff is further recommending that should the Commission make this determination for this application, the third determination of its kind for the SP-7 PA District, the determination should be applied more broadly for future similar requests. If so authorized, the Director would provide a written determination that would be subject to review by the Planning Commission. Parking Pursuant to Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required), the first 50,000 square feet of an office park requires one parking space per 250 square feet of net floor area, and the next 75,000 square feet of office requires one space per 300 square feet of net floor area. Medical offices, if not more than 20 percent of the total net floor area of the office park, share identical parking requirements. The existing office park has a net floor area of 80,289 square feet. The previously approved surgery center and chiropractor office occupy 7,196 square feet of net floor area within the Jetty. This represents approximately 9 percent of the total floor area. The proposed medical office will increase the total square footage of medical uses to 10,510 square feet, or approximately 13 percent of total floor area within the Jetty. Because the total percentage of medical usage within the Jetty does not exceed 20 percent, the proposed medical office shares an identical parking requirement as an office use and no additional parking is required for the change in use. 7 Bonakdar Institute (PA2019-171) Planning Commission, February 20, 2020 Page 6 The existing office park, including existing and proposed medical offices, contains 77,354 square feet of office net floor area, which requires 292 parking spaces. Additionally, there is an existing 2,935-square-foot learning center within the office park, which was approved by a use permit (UP2015-015). The learning center requires 27 spaces based on the requirement of one 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, as illustrated by Table 1 below: Table 1: Parking Summary Land Use Floor Area (Net)Parking Rate Total Spaces Required Office First 50,000 sq. ft. 50,000 sq. ft. 1 per 250 sq. ft. 200 Next 75,000 sq. ft. 27,354 sq. ft. 1 per 300 sq. ft. 92 Tutoring Center 2,935 sq. ft. 1 per peak staff 27 Total 80,289 sq. ft. 319 Number of required spaces waived by UP2015-015 18 Total Spaces Required 301 Total Spaces Provided 301 *Not more than 20 percent medical office uses = 16,058 sq. ft. of allowed medical office floor area Total existing and proposed medical office floor area = 10,510 sq. ft. (13%) Given the relatively small size of the space and the operational characteristics (one physician with appointment-only visits) staff believes the parking demand for the space will be similar to other office uses. Observations by staff of the utilization of the existing parking areas supports the availability of parking for the application. Use Permit Findings In accordance with Newport Beach Municipal Code (NBMC) Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the Planning Commission must make the following findings for approval for a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 8 Bonakdar Institute (PA2019-171) Planning Commission, February 20, 2020 Page 7 5. 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. The proposed project is a medical office use within an existing office park. The medical office would utilize standard business hours and conduct business on an appointment- only basis. As proposed, the medical office will operate with only one physician, one assistant, and one patient at any given time. Tenant improvements are proposed; however, they are limited to the interior and require the issuance of applicable building permits. There would be no increased noise, odor or hazards attributable to the use compared to business or professional office uses. Parking is sufficient for the entire office park including the proposed medical office, as 301 spaces are both required and provided. The proposed medical office use is not anticipated to create a demand for on-street parking or impact residential uses to the north and west. As previously indicated, the proposed project includes uses consistent with the CO-G (General Commercial Office) General Plan land use category. Staff believes that a medical office use is compatible with the existing office park uses and the General Plan specifically mentions a medical office as an allowed use. The medical office would be consistent with the purpose and intent of the SP-7 Professional and Administrative Office District. Summary Staff believes sufficient facts exist in support of each finding. The building is physically suitable for a medical office and the project site provides the required parking. The operating characteristics of a medical office are similar in nature to a professional office and are compatible with the surrounding neighborhood. Furthermore, the Planning Commission has historically found the medical office use to be consistent with the intent and purpose of the PA zoning district. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the business operation plan. If the changes are substantial, the item should be continued to a future meeting to allow the changes to be incorporated. 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. Refer to the draft resolution for denial provided as Attachment No. PC 2. 9 Bonakdar Institute (PA2019-171) Planning Commission, February 20, 2020 Page 8 Environmental Review This project is 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, because it has no potential to have a significant effect on the environment. The application is to convert an existing office space into a medical office, and no additional square footage or exterior improvements are proposed. 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 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: BMZ/jp ATTACHMENTS PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Applicant’s Project Justification PC 4 Project Plans 01/12/18 10 Attachment No. PC 1 Draft Resolution for Approval with Findings and Conditions 11 INTENTIONALLY BLANK PAGE12 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. 13 Planning Commission Resolution No. PC2020-005 Page 2 of 8 01-25-19 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. 14 Planning Commission Resolution No. PC2020-005 Page 3 of 8 01-25-19 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 oc cupied 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 medical 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. 15 Planning Commission Resolution No. PC2020-005 Page 4 of 8 01-25-19 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. 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. 16 Planning Commission Resolution No. PC2020-005 Page 5 of 8 01-25-19 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 adopted unless 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 20 TH DAY OF FEBRUARY, 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 17 Planning Commission Resolution No. PC2020-005 Page 6 of 8 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL 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 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. 18 Planning Commission Resolution No. PC2020-005 Page 7 of 8 01-25-19 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 19 Planning Commission Resolution No. PC2020-005 Page 8 of 8 01-25-19 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). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 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 11B-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. Prior 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. 20 Attachment No. PC 2 Draft Resolution for Denial 21 INTENTIONALLY BLANK PAGE22 RESOLUTION NO. PC2020-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING 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. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 23 Planning Commission Resolution No. PC2020-005 Page 2 of 3 01-25-19 SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the five (5) required findings set forth in NBMC Subsection 20.52.020(F) (Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: Findings for Conditional Use Permit: A. The use is consistent with the General Plan and any applicable specific plan; B. The use is consistent with the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 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. 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 Not in Support of the Findings: 1. The Planning Commission determined, in this case, that the establishment of a medical use within the Santa Ana Heights Specific Plan (Administrative and Professional Office District) would not be consistent with the purpose and intent of Section 20.90.130 of the Santa Ana Heights Specific Plan nor Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code. 2. There are already two existing medical uses within the professional office park and the applicant’s request is a proliferation of medical uses. 3. The addition of more medical office uses may impact surrounding residential neighborhoods. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2019-045. 24 Planning Commission Resolution No. PC2020-005 Page 3 of 3 01-25-19 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 20th DAY OF FEBRUARY, 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 25 INTENTIONALLY BLANK PAGE26 Attachment No. PC 3 Applicant’s Project Justification 27 INTENTIONALLY BLANK PAGE28 Monica Bonakdar MD 2121 E. Coast Highway suite 250 Corona del Mar, California 92625 (949) 721-6000 October 23, 2019 The practice is limited to providing nonsurgical rejuvenation solutions for the aging face and body in a boutique setting. Patients are seen on an appointment only basis and it is anticipated that the facility will be treating five to seven patients a day with thirty to forty five minute therapeutical procedures. In addition to Dr. Bonakdar, there will be one administrative staff person who will be responsible for operational management. Sometime in the future, it is contemplated that the doctor will bring on an assistant therapist. This is a very small, specialized practice. 29 INTENTIONALLY BLANK PAGE30 Attachment No. PC 4 Project Plans 31 INTENTIONALLY BLANK PAGE32 PA2019-171Attachment No. PC 4 - Project Plans33 PA2019-171Attachment No. PC 4 - Project Plans34 PA2019-171Attachment No. PC 4 - Project Plans35 PA2019-171Attachment No. PC 4 - Project Plans36 PA2019-171Attachment No. PC 4 - Project Plans37 PA2019-171Attachment No. PC 4 - Project Plans38 PA2019-171Attachment No. PC 4 - Project Plans39 PA2019-171Attachment No. PC 4 - Project Plans40 Bonakdar Institute Conditional Use Permit 20321 Irvine Avenue, Unit F3 (PA2019-171) Planning Commission Public Hearing 02/20/2020 Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) Vicinity Map Community Development Department -Planning Division 2 Newport Beach Golf Course Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) Zoning Community Development Department -Planning Division 3 Newport Beach Golf Course Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) Allowed Uses 20.90.130 Professional and Administrative Office District: SP-7 (PA ). Principal Uses Permitted. 1.The following principal uses are permitted subject to the approval of a minor use permit per Part 5 of this title: a.Automobile parking lots per Chapter 20.40. b.Churches, temples, and other places of worship. c.Civic and government uses. d.Communication transmitting, reception, or relay facilities. e.Day care nurseries. f.Educational institutions serving adults. g.Financial institutions. h.Libraries and museums. i.Professional and administrative offices. j.Public/private utility buildings and structures. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of this title: a.Any use which the Planning Commission finds consistent with the purpose and intent of this district. Community Development Department -Planning Division 4 Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) Background Community Development Department -Planning Division 5 Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) Project Description CUP to allow the operation of a 3,314 sq. ft. medical office 9 a.m. to 5 p.m., Monday through Friday Two employees Adequate parking per Zoning Code Community Development Department -Planning Division 6 Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) Community Development Department -Planning Division 7 PARKING See handwritten pg. 8 Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) Project Plans Community Development Department -Planning Division 8 See handwritten pg. 33 Treatment Rooms Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) Required CUP Findings Use consistent with Zoning and GP Compatible with surrounding uses Existing site is adequate for use No detriment anticipated Community Development Department -Planning Division 9 Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) Recommendation Conduct a Public Hearing Find Project Categorically Exempt from CEQA Approve CUP No. UP2019-045 (PA2019-171) Direct the Community Development Director to prepare a Determination that medical office uses and similar uses are consistent with the purpose and intent of the SP-7/PA district and are, therefore, allowable with an MUP Community Development Department -Planning Division 10 Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171) For more information contact Thank you! Questions?Joselyn Perez, Assistant Planner 949-644-3312 jperez@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 11 Planning Commission - February 20, 2020 Item No. 3a Additional Materials Presented at Meeting - Staff Bonakdar Institute (PA2019-171)