HomeMy WebLinkAbout20200416_ZA_Staff ReportCITY OF NEWPORT BEACHZONING ADMINISTRATOR STAFF REPORT April 16, 2020Agenda Item No.5
SUBJECT:Buchanan Street Partners Medical/Dental Office (PA2020-009)
Minor Use Permit No. UP2020-002
SITE LOCATION:20361 Irvine Avenue,Unit B1
APPLICANT:Buchanan Street Partners
OWNER:The Jetty Newport Beach LLC
PLANNER:Joselyn Perez, Assistant Planner949-644-3312,jperez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:CO-G (General Commercial Office)
Zoning District:SP-7/PA (Santa Ana Heights Specific Plan Professional &Administrative Office District)
PROJECT SUMMARY
The Applicant proposes to operate an approximately 2,721 square-foot dentist office (i.e.,a medical office land use)within The Jetty,an existing professional office park. Thepractice will provide standard, nonsurgical, dental procedures and is anticipated to seeseven to eight patients a day for an average visit of 45 minutes. The facility will operate
from approximately 9 a.m. to 5 p.m., Monday through Friday.
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,California Code of Regulations, Title 14, Division 6, Chapter 3, because it has nopotential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _approving Minor Use Permit No.UP2020-002 (Attachment No.ZA 1).
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DISCUSSION
The project site is located in The Jetty professional office park (The Jetty)onIrvine Avenue near Mesa Drive and is zoned SP-7/PA (Santa Ana HeightsSpecific Plan Professional & Administrative Office District).
The Jetty is comprised of six buildings totaling 80,289 square feet of net floorarea on approximately 4.71 acres.The property was annexed from the County ofOrange in 2008,and it contains a mix of professional and administrative offices,support uses, medical offices, as well as a tutoring center.
The current General Plan Land Use Designation of the project site is CO-G
(General Commercial Office). CO-G specifically mentions medical office as anallowed use.Surrounding land uses include residential to the north, multi-familyresidential to the west, and the Newport Beach Golf Course to south and to theeast.
The Applicant proposes to establish a new dental office within The Jetty office
park.Per the Newport Beach Municipal Code (NBMC)Chapter 20.70
(Definitions), a dental office use is defined along with medical office. As such,dental offices share identical requirements as medical offices.
A dental or medical office use is not specifically listed within SP-7/PA as anallowed use subject to approval of a minor use permit;however,SP-7/PA allowsthe Planning Commission to permit any use it finds to be consistent with the
purpose and intent of the PA District with the approval of a conditional use permit.
Because the Planning Commission found a medical office use to be consistenton three separate occasions, the Community Development Director was directedto prepare a determination that medical office uses, and similar uses, areconsistent with the purpose and intent of the PA District.Accordingly,
Determination No. DD2020-001, allowing medical uses in the PA District subject
approval of a minor use permit, was signed on April 1, 2020, and will be madeeffective at the close of business on April 15, 2020.Therefore,at the time of thisZoning Administrator hearing,they are allowable subject to the approval of aminorusepermit.
The proposed dental or medical office would be located on the first floor ofBuildingBand would occupy approximately 2,721 square feet of gross floor area.
It is anticipated by the Applicant that an average of eight patients will be seeneachday between the hours of 9 a.m.and 5 p.m., Monday through Friday.
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The proposed dental or medical office will operate with only one dentist, onedental assistant, and one administrative assistant at any given time.The usewould be of moderate intensity,consistent with the intent of the District.
Pursuant to NBMC Section 20.40.040 (Off-Street Parking Spaces Required), thefirst 50,000 square feet of an office park requires one parking space per 250square feet of net floor area, and the next 75,000 square feet of office requiresone 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 parkingrequirements.
The proposed dental or medical office will increase the total square footage of
medical uses to 13,231 square feet, or approximately 16 percent of total floor
area within The Jetty. Because the total percentage of medical usage within TheJetty does not exceed 20 percent, the proposed medical office shares an identicalparkingrequirement as an office use and no additional parking is required for thechange in use.Table 1 shows both the required and provided parking for The
Jetty.
Table 1: Parking Summary
Land Use Floor Area (Net)Parking Rate Total SpacesRequired
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
Learning 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 301Total 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 = 13,231 sq. ft. (16%)
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant toSection 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Codeof Regulations, Title 14,Division 6,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 dental or medical office, and no additional square footage or exterior improvementsare proposed.
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PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of propertywithin 300 feet of the boundaries of the site (excluding intervening rights-of-way andwaterways),including the applicant,and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at CityHall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within14 days following the date of action. For additional information on filing an appeal, contactthe Planning Division at 949-644-3200.
Prepared by:
BMZ/jp
Attachments:ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3ZA4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO.ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINORUSE PERMIT NO. UP2020-002 FOR A FOR A DENTAL ORMEDICAL OFFICE LOCATED AT 20361 IRVINE AVENUE, UNITB1 (PA2020-009)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1.STATEMENT OF FACTS.
1.An application was filed by Buchanan Street Partners (on behalf of the property owner
The Jetty Newport Beach LLC)(Applicant),with respect to property located at 20361Irvine Avenue, Unit B1, and legally described as Parcel 1 of Parcel Map No 269-39 in theunincorporated territory of Orange County a portion of Lot 21,Tract No 456, Recorded inBook 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 2,721 square-foot dentist office (i.e.,a medical office land use) within The Jetty, an existing professional office park. Thepractice will provide standard, nonsurgical, dental procedures and is anticipated to see
seven (7) to eight (8) patients a day for an average visit of 45 minutes. The facility will
operate from approximately 9 a.m. to 5 p.m., Monday through Friday.
3.The Property is designated General Commercial Office (CO-G) by the City of NewportBeach 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 developmentpermit is not required.
5.A public hearing was held on April 16, 2020 conducted in the Community Room at 100
Civic Center Drive, Newport Beach.A notice of time, place and purpose of the hearingwas given in accordance with the Newport Beach Municipal Code (NBMC). Evidence,both written and oral, was presented to,and considered by,the Zoning Administrator atthishearing.
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.
2.The Class 1 exemption authorizes the operation, repair, maintenance and minoralterations of existing buildings. The proposed use will be located within an existingdevelopment and only minor alterations will be required to accommodate the new use.
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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 findingsare 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 foradministrative, professional, and medical offices with limited accessory retail and serviceuses. A dental office is considered a medical office use and allowed under the existingGeneral Plan designation. The proposed dental 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 withinthe Professional and Administrative (PA) Office District. While a dental or medical office
use is not specifically listed within SP-7/PA as an allowed use subject to approval of a
minor use permit,-001) has been made that medicaloffice uses, and similar uses, are consistent with the purpose and intent of the PA Districtand are therefore allowable subject to approval of a minor use permit.
3.The PA District is established to provide for the development and maintenance of an
optimal environment for moderate intensity professional and administrative office usesand related uses on sites with large landscaped open spaces and off-street parkingfacilities. This district is intended to be located on heavily traveled streets or adjacent tocommercial or industrial uses, and may be used to buffer residential uses. The Projectwould occupy an existing office space and would operate similarly to a traditional
business or professional office use with hours from approximately 9 a.m. to 5 p.m.,Monday through Friday (Hours of Operation). The dental office anticipates a maximumof eight (8) patients per day.
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.
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2.Tenant improvements to the existing tenant space are interior and will require theissuance 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),of the first50,000 square feet of an office park requires one parking space per 250 square feet ofnet 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 officepark has a gross floor area of 83,688 square feet and a net floor area of 80,289 squarefeet. The proposed dental office, combined with all previously approved medical uses,totals 13,231 square feet of net floor area, which is approximately 16 percent net floor
area of the office park. Therefore, the proposed dental or medical office shares an
identical parking requirement as an office use and no additional parking is required forthe 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
(including the existing and proposed medical office uses) and require 292 parkingspaces. The remaining 2,935 square feet is occupied by a tutoring center, which wasapproved by a use permit (Conditional Use Permit No.UP2015-015). The tutoring centeruse 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.
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 dental or medical office land use within The Jetty,which already
contains a mix of professional and administrative offices, support uses, as well as atutoring center.Based on the Project description and operational attributes, it isexpected to operate in a manner compatible with other tenants and land uses in thebuilding 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 B)is located near the center of the Property. The dental or medical office would utilizestandard business hours, and conduct business on an appointment only basis. The
dental or medical office is anticipated to operate similarly to a typical office space andwould not impact residential uses to the north and west.
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3.Adequate parking exists to the support the Project, as discussed in Facts in Support ofFinding B.3 and B.4.
Finding:
D.The site is physically suitable in terms of design, location, shape, size, operatingcharacteristics, 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.Three other medical office land uses have been previously reviewed and approved bythe Planning Commission (in 2017, 2019, and 2020)
that this use is allowable with a minor use permit. Based on the hours of operation,
limited number of patients,small scale, and moderate intensity of the use,the Project isanticipated to operate similarly to adjacent uses and is therefore physically suitable forthe 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 withdrive aisles that are at least 24 feet in width.No changes to emergency access areproposed 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 FireCodes, 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 otherwiseconstitute 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 dental or 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 thesurrounding land uses and City as a whole are minimized to the greatest extent possible.
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The operator is required to take reasonable steps to discourage and correctobjectionable 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.
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 ofRegulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significanteffect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves Minor
Use Permit No. UP2020-002, subject to the conditions set forth in Exhibit A,which isattached 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 Planningand Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED,AND ADOPTED THIS 16TH DAY OF APRIL,2020.
_____________________________________Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
Planning Division
1.The development shall be in substantial conformance with the approved site plan, floorplans 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, unlessspecifically 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 MinorUse 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. UP2020-002 shall expire unless exercised within 24 months fromthe date of approval as specified in NBMC Section 20.54.060 (Time Limits andExtensions), unless an extension is otherwise granted.
6.Prior to the issuance of a building permit,applicable Fair Share Traffic Fees shall be paidto 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 existingoffice use and shall pay the net difference for the medical office use. The fees shall beconsistent 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 shouldthey determine that the proposed uses or conditions under which it is being operated ormaintained is detrimental to the public health, welfare or materially injurious to propertyor 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 tothe approved plans, shall require subsequent review and approval by the PlanningDivision and may require an amendment to this Minor Use Permit or the processing of
a new Minor Use Permit.
9.A copy of the Resolution, includingincorporated into the Building Division and field sets of plans prior to issuance of thebuildingpermits.
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10.Prior to the issuance of a building permit, the Applicant shall pay any unpaidadministrative 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 futureowners or assignees shall be notified of the conditions of this approval by either thecurrent 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 activitiesthat produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Fridayand 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are notallowed 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 trashenclosure 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 theestablishment, 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 thepremises and on all abutting sidewalks within 20 feet of the premises.
17.The Applicant shall ensure that the trash dumpsters and/or receptacles are maintainedto 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 PlanningDivision. Cleaning and maintenance of trash dumpsters shall be done in compliancewith the provisions of Title 14, including all future amendments (including Water Qualityrelated requirements).
18.Deliveries and refuse collection for the facility shall be prohibited between the hours of10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director ofCommunity Development, and may require an amendment to this Minor Use Permit.
19.Storage outside of the building in the front or at the rear of the property shall beprohibited, with the exception of the required trash container enclosure.
20.A Special Events Permit is required for any event or promotional activity outside thenormal 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-sitemedia broadcast, or any other activities as specified in the NBMC to require suchpermits.
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21.This approval shall expire and become void unless exercised within 24 months from theactual 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 harmlessCity, its City Council, its boards and commissions, officials, officers, employees, and agentsfromand against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses,judgments, fines, penalties, liabilities, costs and expenses (including
approval of Buchanan Street Partners Medical/Dental Office including, but not limited to,Minor Use Permit No.UP2020-002 (PA2020-009). 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, suitor proceeding whether incurred by Applicant, City, and/or the parties initiating or bringingsuch 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 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 allapplicable State Disabilities Access requirements. Approval from the Orange CountyHealth Department is required prior to the issuance of a building permit.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit No.UP2020-002
PA2020-009
20361 Irvine Avenue,Suite B1
Subject Property
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Attachment No. ZA 3
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Attachment No. ZA 4
Project Plans
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April 16, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 5. Buchannon Street Partners Medical/Dental Office Minor Use
Permit No. UP2020-002 (PA2020-009)
As the staff report acknowledges, “A dental or medical office use is not specifically listed” in the
Santa Ana Heights Specific Plan for this parcel, yet, based on recent City approvals, The Jetty
seems to be turning increasingly into another medical office complex.
This is a bit troubling since “Medical and dental offices” are specifically planned as an expected
and “by right” principal use in the larger SP-7 (BP) Business Park District of Santa Ana Heights per
NBMC Sec. 20.90.120.B.1.i. And SP-7 (BP) is increasingly heavily developed that way (see, for
example, Item 7 on the current agenda).
Director’s Determination No. DD2020-001 notwithstanding, this expansion of medical offices into a
district not originally planned for them suggests the City is not following the plan, and Santa Ana
Heights will not be home to the diversity of uses intended.
Zoning Administrator - April 16, 2020 Item No. 5a Additional Materials Received
Buchannon Street Partners Medical-Dental Office Minor Use Permit (PA2020-009)