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HomeMy WebLinkAbout20210429_Resolution_ZA2021-021Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL April 29, 2021 Jan Eckermann, MD 3334 E. Coast Highway, Suite 519 Newport Beach, CA 92625 janeckermann@yahoo.com Subject: Minor Use Permit No. UP2020-196 (PA2020-344) 20321 Irvine Avenue, Suite F-2 Dr. Eckermann Outpatient Surgery Facility Dear Mr. Eckermann, 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 April 29, 2021 and effective on May 14, 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. 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 jperez@newportbeachca.gov or 949-644-3312. Sincerely, BMZ/jp RESOLUTION NO. ZA2021-021 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2020-196 TO ALLOW AN OUTPATIENT SURGERY FACILITY AT 20321 IRVINE AVENUE, SUITE F2 (PA2020-344) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jan Eckermann, MD (“Applicant”), on behalf of the property owner Princess of Portofino LLC, with respect to property located at 20321 Irvine Avenue, Suite F2, 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 minor use permit. 2. The Applicant proposes to operate an approximately 2,070 square-foot outpatient surgery facility with a single operating room within an existing professional office park (The Jetty). The practice will provide minimally invasive outpatient surgeries and is anticipated to see a maximum of four (4) patients per day, by appointment only. The facility will operate from 8 a.m. to 4 p.m., Monday through Friday. The facility will be staffed with approximately three (3) employees. There will be no walk-ins, emergency services, or after-hours services offered at this location. 3. The Property is categorized General Commercial Office (CO-G) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan (SP-7) Professional and Administrative (PA) 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 online on April 29, 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. 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. Zoning Administrator Resolution No. ZA2021-021 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 Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the 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 General Plan Land Use Element categorizes the project site for commercial uses under CO-G (General Commercial Office). This category is intended to provide areas that can be developed with administrative, professional, and medical offices with limited accessory retail and service uses. Hotels, motels, and convalescent hospitals are not permitted in this area. An outpatient surgery facility offers planned procedures with no overnight stays and functions like a medical office which is consistent with the intent of the CO-G category. 2. The Property is located within the Santa Ana Heights Specific Plan (SP-7) and within the Professional and Administrative (PA) Office District. While an outpatient surgery facility use is not specifically listed as an allowed use subject to approval of a use permit, a Director’s Determination (DD2020-001) has been made that medical office uses and similar uses are consistent with the purpose and intent of the PA District and are therefore allowable subject to the approval of a minor use permit. An outpatient surgery facility is consistent with Director’s Determination No. DD2020-001 (PA2020-051). 3. 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 streets or adjacent to commercial or industrial uses, and may be used to buffer residential uses. The Project would occupy an existing tenant space and would operate similarly to a traditional business or professional office use with hours from 8 a.m. to 4 p.m., Monday through Friday (“Hours of Operation”). The facility anticipates a maximum of four (4) patients per day. These operating characteristics ensure that the use would be of moderate intensity and therefore consistent with the intent of the district. 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. Zoning Administrator Resolution No. ZA2021-021 Page 3 of 8 01-25-19 Facts in Support of Finding: 1. All Facts in Support of Finding A are hereby incorporated by reference. 2. Tenant improvements to the existing tenant space are interior and will require the issuance of applicable building permits. No changes to the existing building footprint are proposed. 3. Pursuant to NBMC Section 20.40.040 (Off-Street Parking Spaces Required), outpatient surgery facilities are parked at a rate of one (1) space required for every 250 square feet of gross floor area. The project suite was previously used as a fitness facility, which has the same parking rate; therefore, no additional parking is required for the change in use. 4. The Jetty 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 and requires 292 parking spaces. The remaining 2,935 square feet is occupied by a tutoring center, which was approved by a use permit (Conditional Use Permit No. UP2015-015 [PA2015-053]). 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 an outpatient surgery facility land use within The Jetty, which already contains a mix of professional and administrative offices, support uses, as well as a tutoring center. Based on the Project description and operational attributes, it is expected to operate in a manner compatible with other tenants and land uses in the building and office park. Any change in the proposed operational characteristics, expansion in area, or other modification to the approved plans shall require subsequent review and approval by the Planning Division. 2. The Jetty abuts residential uses to the north and west. The subject building (Building F) is located on the opposite side of the site, adjacent to Irvine Avenue. The outpatient surgery facility would operate with standard business hours, and conduct business on an appointment-only basis. The outpatient surgery facility 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. Zoning Administrator Resolution No. ZA2021-021 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 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. Based on the Hours of Operation, limited number of patients receiving treatment, the small scale and moderate intensity of the use, the Project is anticipated to operate similarly to the adjacent office uses and is therefore physically suitable for the office park. 3. Emergency access to the Property is currently provided by a single drive 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. Furthermore, the project was reviewed by both the Public Works Department and Fire Prevention Division and no comments were given on access. 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. An outpatient surgery facility within an existing office park would operate similarly to a standard professional office or medical 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 the 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 Zoning Administrator Resolution No. ZA2021-021 Page 5 of 8 01-25-19 properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the business. 3. The Hours of Operation are compatible with the other offices in The Jetty. 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. UP2020-196, 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 29TH DAY OF APRIL, 2021. Zoning Administrator Resolution No. ZA2021-021 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, 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 Minor 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. Minor Use Permit No. UP2020-196 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 general office to outpatient surgery facility 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 outpatient surgery facility use. The fees shall be consistent with those in effect at the time the building permit is issued. 7. This Minor Use Permit may be modified or revoked by the Zoning Administrator 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 Minor Use Permit or the processing of a new Minor Use Permit. 9. The outpatient surgery facility shall not operate as a medical office without either an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. 10. The outpatient surgery facility shall see patients by appointment only. Zoning Administrator Resolution No. ZA2021-021 Page 7 of 8 01-25-19 11. 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. 12. 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. 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. 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 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. 15. 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. 16. 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. 17. 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. 18. 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). 19. 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 Minor Use Permit. 20. 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. 21. 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 Zoning Administrator Resolution No. ZA2021-021 Page 8 of 8 01-25-19 media broadcast, or any other activities as specified in the NBMC to require such permits. 22. 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. 23. 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 Dr. Eckermann Outpatient Surgery Facility including, but not limited to, Minor Use Permit No. UP2020-196 (PA2020-344). 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 24. The project shall comply with California Building Code (CBC) Section 422 for ambulatory care facility and related provisions. 25. The project shall comply with disabled access requirements, per CBC Chapter 11B. 26. 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 CBC. 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. Fire Prevention Division 27. An automatic fire alarm system shall be installed for the facility in accordance with California Fire Code (CFC) 907.2.2.1 for Ambulatory Care Facilities