HomeMy WebLinkAbout07_Regenerative Institute of Newport Beach Minor Use Permit_PA2023-0062CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 29, 2023
Agenda Item No. 7
SUBJECT: Regenerative Institute of Newport Beach (PA2023-0062)
▪Minor Use Permit
SITE LOCATION: 20341 Birch Street, Building C, Suite 200
APPLICANT: Knitter Partners International
OWNER: Birch Street Holding
PLANNER: Alejandro De Loera, Consultant Planner
626-290-4376 or adeloera@sagecrestplanning.com
LAND USE AND ZONING
•General Plan Land Use Plan Category: CO-G (General Commercial Office)
•Zoning District: SP-7, BP (Santa Ana Heights Specific Plan, Business Park Area)
PROJECT SUMMARY
A request to convert an existing 2,637 square-foot professional office into a medical office
use on the second floor within an existing 20,643-square-foot office building located at
20341 Birch Street. No alterations are proposed to the building or site.
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 no
potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving a Minor Use Permit
(Attachment No. ZA 1).
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Regenerative Institute of Newport Beach (PA2023-0062)
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DISCUSSION
Background
• On February 25, 2021, the Zoning Administrator approved Minor Use Permit No.
UP2020-188, which authorized a medical use which offers advanced pain-relieving
treatments to their patients within a 4,884 square foot suite (Suite 110) on the first
floor of 20341 Birch Street. The approved medical use within Suite 110 remains in
operation. The tenant of Suite 110 (Regenerative Institute of Newport Beach) is
requesting a minor use permit to operate a separate medical office in Suite 200,
located on the second floor of the same building. The existing medical office (Suite
110) and the proposed medical office (Suite 200) will be operated by different
medical professionals and offer distinct medical treatments. Existing medical
treatments within Suite 110 include advanced pain-relieving treatments, while
Suite 200 offers medical injections such as neurotoxins.
Land Use and Development Standards
• The subject site is located on the west side of Birch Street, between Mesa Drive
and Orchard Drive. This site has a General Plan Land Use Designation of General
Commercial Office (CO-G) and is located within the Business Park land use area
within the Santa Ana Heights Specific Plan District (SP-7, BP), which allows
medical office uses subject to approval of a minor use permit.
• The subject property is a 42,432-square-foot site that is improved with a 20,643-
square-foot three (3)-story multi-tenant office building. The property shares a 172-
space surface parking lot with two other properties at 20322 Acacia Street and
20342 Acacia Street. The three office buildings combine for a total floor area of
42,649 square feet. Access to the site is provided via Birch Street and Acacia
Street.
• The applicant proposes to operate a second medical office (Suite 200) on the
second floor of the building that would specialize in medical injections such as
neurotoxins and fillers. The new office is 2,637 square feet, resulting in a total of
7,521 square feet of medical office uses in the building. The existing medical use
and proposed medical suite are not proposed to be physically connected. Since
the applicant is proposing an intensification of the medical uses on site, the Santa
Ana Heights Specific Plan District requires approval of a Minor Use Permit.
• Should the project be approved by the Zoning Administrator, the applicant would
improve the interior of the suite for the medical office use. No exterior modifications
would be required, and thus would not alter the site’s compliance with the Zoning
Code.
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Parking
• As previously discussed, the subject property is one of three properties which share
a 172-space parking lot. 20322 Acacia Street consists of 11,003 square feet, 20342
Acacia Street consists of 11,003 square feet, and 20341 Birch Street (subject
property) 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.
Since the total square footage of medical uses between the sites does not exceed 20
percent of the total floor area, the Zoning Code allows the medical uses to be parked
at the same ratio as professional office. Accordingly, the site would be required to
maintain the 171 parking spaces that are currently required. Since the existing parking
lot provides 172 parking spaces, there is a one space surplus (Table 1, below).
Table 1: Parking requirements
Use Floor Area Required
Parking Rate
Required
Parking
Provided
Parking
Professional Office* 42,649 sq. ft. 1 per 250 sq. ft. 171 172
Surplus 1
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, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment. The Class 1 exemption 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.
PUBLIC NOTICE
Notice of this application 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 hearing, 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.
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Regenerative Institute of Newport Beach (PA2023-0062)
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APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
Alejandro De Loera
Alejandro De Loera
Consultant Planner, AICP Candidate
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A
MINOR USE PERMIT TO ALLOW A 2,637-SQUARE-FOOT
MEDICAL OFFICE AT 20341 BIRCH STREET, SUITE 200.
(PA2023-0062)
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, Suite 200 and legally described as Parcel 3 of
Parcel Map 2003-203, as recorded in Book 340, Pages 6 and 7 of Parcel Maps (Property),
requesting approval of a Minor Use Permit.
2. The Applicant proposes a minor use permit to allow the conversion of an exisitng 2,637-
square-foot professional office to a medical office use. The proposed medical office is
on the second floor within the existing three (3) story, 20,643-square-foot building. A
172-space surface parking lot is shared between the Property and two adjacent lots.
3. The 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 Property is not located within the coastal zone; therefore, a coastal development
permit is not required.
5. A public hearing was held on June 29, 2023 online via zoom. 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. 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, Division 6, 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.
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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 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 Property 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. The medical office use is a conversion of
an existing professional office suite.
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.
Fact 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 proposed use
is a medical office that offers advanced pain-relieving treatments to their patients. The
site, including operation of the proposed use, will continue to comply with all
development standards, including meeting the minimum parking requirement set forth
in the NBMC. Only tenant improvements will be conducted on the site with no exterior
changes to the building.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. Medical office uses are allowed in this area with the approval of a minor use permit.
Development on the Property and surrounding properties consist of office buildings
developed for various office uses. The proposed medical office use would operate
Monday through Friday with typical office hours similar to a professional office. The
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daytime operations ensure that the use will be in operation during similar hours to the
surrounding professional office uses.
2. The Property is a 42,432-square-foot site that is improved with a 20,643-square-foot
three (3)-story multi-tenant office building. The property shares a 172-space surface
parking lot with two other properties at 20322 Acacia Street and 20342 Acacia Street.
The three office buildings combine for a total floor area of 42,649 square feet. Access
to the site is provided via Birch Street and Acacia Street.
3. The Property is one of three properties which share a 172-space parking lot. 20322
Acacia Street consists of 11,003 square feet, 20342 Acacia Street consists of 11,003
square feet, and 20341 Birch Street 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. Since the total square footage of medical uses
between the sites does not exceed 20 percent of the total floor area, the Zoning Code
allows the medical uses to be parked at the same ratio as professional office.
Accordingly, the site would be required to maintain the 171 parking spaces that are
currently required. Since the existing parking lot provides 172 parking spaces, there is
a one space surplus.
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 Property 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). The
applicant’s business currently occupies Suite 110 of the first floor, which consists of
4,884 square feet and is proposing to have a second medical office at Suite 200 of the
second floor, which consists of 2,637 square feet. The remaining suites are currently
general office tenants. Parking is provided within a shared surface level parking lot that
serves three properties at 20322 Acacia Street, 20342 Acacia Street, and 20341 Birch
Street (Property). There are currently 172 parking spaces within the shared surface lot.
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 Property for fire and medical emergency vehicles from
Birch Street and Acacia Street.
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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.
Facts in Support of Finding:
1. The proposed medical office use is compatible with the existing medical and general
office uses on the site and in the surrounding vicinity.
2. The proposed medical office use would operate with hours of operation which are similar
to a professional office. The typical daytime operations ensure that the use will be in
operation during similar hours to the surrounding professional office uses.
3. Adequate parking exists to accommodate the medical office use square footage.
4. 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 the Minor Use
Permit, subject to the conditions set forth in Exhibit “A”, which is attached hereto and
incorporated herein 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.
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PASSED, APPROVED AND ADOPTED THIS 29TH DAY OF JUNE, 2023.
Benjamin M. Zdeba, AICP, Zoning Administrator
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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 Minor 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 floor 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.
9. 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.
10. 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.
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11. 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 Minor Use Permit including, but not limited to PA2023-0062. 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
12. 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.
13. Prior to issuance of building permits for tenant improvements, the project plans shall
identify whether the use will be OSPHD 3 licensed.
14. 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.
15. Accessible paths of travel are required to be field verified from (1) accessible parking
spaces and the public sidewalk to (2) the area of work on the 2nd floor and the public
restrooms serving that floor (CBC 11B-202.4).
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit
PA2023-0062
20341 Birch Street, Suite 200
Subject Property
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Attachment No. ZA 3
Project Plans
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