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HomeMy WebLinkAbout20210225_Resolution_ZA2021-013Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL February 25, 2021 Knitter Partners International (Phillip Budovec) pbudovec@knitter.com Subject: Minor Use Permit No. UP2020-188 (PA2020-338) 20341 Birch Street Dear Phillip, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on February 25, 2021 and effective on March 12, 2021. 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. Sincerely, RESOLUTION NO. ZA2021-013 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT NO. UP2020-118 TO ALLOW 4,884 SQUARE FEET OF MEDICAL OFFICE USE TO RELOCATE ON THE FIRST FLOOR WITHIN AN EXISTING THREE FLOOR, 20,643- SQUARE-FOOT OFFICE BUILDING AT 20341 BIRCH STREET, SUITE 110. THE REMAINING 15,759 SQUARE FEET SHALL REMAIN DEDICATED TO GENERAL OFFICE TENANTS. PARKING IS SHARED BETWEEN THREE BUILDINGS LOCATED AT 20341 BIRCH STREET, 20322 ACACIA STREET, AND 20342 ACACIA STREET, CONSISTENT WITH THE ORIGINAL SITE DESIGN. (PA2020-338) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Knitter Partners International (Applicant), with respect to property located at 20341 Birch Street, and legally described as Parcel 3 of Parcel Map 2003-203, as recorded in Book 340, Pages 6 and 7 of Parcel Maps, requesting approval of a Minor Use Permit. 2. The applicant proposes a Minor Use Permit to allow the utilization, of a portion of an approved multi-use building, to accommodate 4,884 square feet of medical office use on the first floor within the existing three (3) floor, 20,643-square-foot building. The remaining 15,759 square feet shall remain dedicated to the current office uses. Parking will be shared between all three buildings on the site and consistent with Zoning Code requirements. Parking is shared between three buildings located at 20341 Birch Street, 20322 Acacia Street, and 20342 Acacia Street, consistent with the original site design. 3. The subject property is located within the Santa Ana Heights Specific Plan, Business Park (SP-7, BP) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 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 online on February 25, 2021, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. 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 Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2021-013 Page 2 of 6 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION 1. 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. 2. The project allows a minor change in use from general office use to medical office use within an existing multi-use office building and involves issuance of building permits for interior tenant improvements. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020F (Required Findings) of the Newport Beach Municipal Code, 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 office-condominium complex has a General Plan land use designation of General Office Commercial (CO-G), which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service use. The change of use from general office to medical office use is consistent with this designation. 2. The site is located in the Santa Ana Heights Specific Plan zoning district within the Business Park sub-area (SP-7, BP). Medical office uses are allowed within this zoning district with 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. Medical office uses are allowed within the Business Park area of the Santa Ana Heights Special Plan District (SP-7, BP) with approval of a minor use permit. The Regenerative Institute of Newport Beach is a medical use that offers advanced pain- relieving treatments to their patients. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Zoning Administrator Resolution No. ZA2021-013 Page 3 of 6 Fact in Support of Finding: 1. Medical office uses are allowed in this area with approval of a minor use permit. Development on the subject site and surrounding properties consist of office buildings developed for various office uses. 2. The property is a multi-use office building consisting of three floors. Each floor consists of approximately 6,881 square feet of floor area (total 20,643 square feet). Regenerative Institute of Newport Beach currently occupies Suite 230 of the second floor, which consists of 2,637 square feet and plans to move to Suite 110 of the first floor, which consists of 4,884 square feet. The remaining suites are currently general office tenants. Parking is provided within a shared surface level parking lot that serves three buildings (20341 Birch Street, 20322 Acacia Street, and 20342 Acacia Street) There are currently 172 parking spaces within the shared surface lot. 3. Building A consists of 11,003 square feet, Building B consists of 11,003 square feet, and Building C consists of 20,643 square feet, which totals 42,649 square feet. Pursuant to Table 3-10: Off-Street Parking Requirements of the Zoning Code, the 42,649 square feet of floor area requires 171 parking stalls to be shared between the three buildings. There are currently 172 parking spaces existing on the site and up to 20 percent of the office buildings can be utilized for medical office uses. The proposed medical office use falls within this 20 percent limitation of the 42,649 square feet total which equates to 8,530 square feet of allowed medical use. There are no other medical office uses within the complex. 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. The subject site is located between Birch and Acacia Streets in the Business Park area of the Santa Ana Heights Specific Plan District. The surrounding area consists of properties developed for various office uses. 2. The property is a multi-use office building consisting of three floors. Each floor consists of approximately 6,881 square feet of floor area (total 20,643 square feet). Regenerative Institute of Newport Beach currently occupies Suite 230 of the second floor, which consists of 2,637 square feet and plans to move to Suite 110 of the first floor, which consists of 4,884 square feet. The remaining suites in the building are currently general office uses. Parking is provided within a shared surface level parking lot that serves three buildings (20341 Birch Street, 20322 Acacia Street, and 20342 Acacia Street) There are currently 172 parking spaces within the shared surface lot. Zoning Administrator Resolution No. ZA2021-013 Page 4 of 6 3. Tenant improvements to the existing general office space will require a building permit. All Fire and Building Code regulations will be verified during the plan check process. 4. There is adequate access on the site for fire and medical emergency vehicles from Birch Street and Acacia Street. Finding: E. The 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. 1. The proposed medical office use fits well with the existing medical and general office uses on the site and in the surrounding vicinity. 2. Adequate parking exists to accommodate the medical office use square footage. 3. Any tenant improvements for the proposed medical use will be minor in nature and will not impact the overall operation of the existing general office and medical office uses on the site. 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 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. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2020-188, 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 after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2021. Zoning Administrator Resolution No. ZA2021-013 Page 5 of 6 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans 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 Zoning Administrator may add to or modify the conditions of this Use Permit approval; or they may revoke this permit 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. 5. Any expansion in area approved for medical office use shall require an amendment to this Use Permit or the processing of a new use permit. 6. 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. 7. The total number of parking spaces provided for all uses on site will be consistent with requirements of the Zoning Code. A minimum of 171 parking spaces shall be provided on-site. 8. Fair share fees to convert square footage from general office to medical office use shall be calculated at plan check and paid prior to building permit issuance. Building Division 9. 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. 10. Prior to issuance of building permits for tenant improvements, the project plans shall identify whether Regenerative Institute of Newport Beach will be OSPHD 3 licensed. Zoning Administrator Resolution No. ZA2021-013 Page 6 of 6 11. Prior to issuance of building permits for tenant improvements, the project plans shall specify type of service/procedure being provided that will not have non-ambulatory patient per response. Fire Department 12. Prior to issuance of building permits for tenant improvements, the applicant shall submit a deferred submittal and obtain approval for the fire sprinkler and fire alarm system. Miscellaneous 13. 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. 14. 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. 15. 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 the Regenerative Institute of Newport Beach including, but not limited to UP2020-188 (PA2020-338). 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.