HomeMy WebLinkAbout06_20062 Birch Street Medical Office MUP and Staff Approval_PA2024-0212CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 10, 2025
Agenda Item No. 6
SUBJECT: 20062 Birch Street Medical Conversion (PA2024-0212)
Minor Use Pemit
Staff Approval
SITE LOCATION: 20062 Birch Street
APPLICANT: Michael Segura
PLANNER: Jerry Arregui, Assistant Planner
jarregui@newportbeachca.gov, 949-644-3249
LAND USE AND ZONING
General Plan Land Use Plan Category: General Commercial Office (CO-G)
Zoning District: Santa Ana Height Specific Plan, Business Park District (SP-7, BP)
PROJECT SUMMARY
The applicant requests approval of a minor use permit to convert the second floor,
approximately 4,256 square-feet, of an existing 9,622-square-foot, three-story, office
building, from professional office use to medical office use. The applicant also requests a
staff approval to waive one parking space, or 2% of the overall required parking for the
building, to implement the conversion. There is no increase in floor area and no exterior
remodeling proposed (Project).
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 Draft Zoning Administrator Resolution No. approving the Minor Use Permit
and Staff Approval filed PA2024-0212 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is located on Birch Street, in the Santa Ana Heights
neighborhood. The property is zoned Santa Ana Height Specific Plan, Business
Park District (SP-7, BP) and is categorized as General Commercial Office (CO-G)
by the Land Use Element of the General Plan.
The property is currently developed with a 9,622 square foot, three-story office
building as shown in Figure 1, below. The property provides 42 parking spaces
on the first floor and two levels of professional office space above.
Figure 1: Oblique aerial image of the Project Site
The property is bounded by a single-family residence to the north, a single-unit
residential equestrian property (REQ) to the east, and a multi-tenant, medical
office building to the south. There is a multifamily development approximately to
125 feet to the south of the property, along Birtch Street. Residential uses are not
allowed within SP-7, BP and the residences on Birch Street are considered
nonconforming.
The Project is to convert the entirety of the currently vacant 4,256-square-foot
second floor into medical office space. There are no changes proposed to the first
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or third floor. The Project does not include any changes to the size of the existing
building nor incudes any changes to the exterior of the building. The existing
building will continue to meet all development standards and design guidelines of
the SP-7, BP district.
Section 20.90.120 (Business Park District: SP-7 (BP)) of the Newport Beach
Municipal Code (NBMC) allows medical uses subject to approval of a minor use
permit; therefore, a minor use permit is required.
Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC provides
an off-street parking requirement of one space for every 250 square feet of net
floor area for a professional office use. The existing professional office building is
developed with 9,622 square feet of net floor area and requires 39 parking
spaces. However, Table 3-10 provides a higher off-street parking requirement of
one space for every 200 square feet of gross floor area for medical office uses.
The applicant proposes to convert 4,256 square feet of gross floor area into a
medical office use, which increases the overall parking requirement of the
building to 43 parking spaces. The property only provides 42 parking spaces, and
a one space parking waiver is requested.
Section 20.40.110 (Adjustments to Off-Street Parking) of the NBMC allows the
Community Development Director to waive up to 20% of the required off-street
parking under certain circumstances. The applicant proposes designating one
parking space on the property to be reserved for shared mobility (i.e. rideshare)
vehicles. This rideshare space allows the Director to authorize up to a 10%
parking reduction, which satisfies the parking requirement of the Project.
Condition of Approval No. 7 requires the applicant to designate a parking space
for a shared mobility vehicles with appropriate signage prior to the operation of
the medical use. Additionally, Condition of Approval No. 8 allows the Community
Development Director, Public Works Director, or City Traffic Engineer, the ability to
require additional parking management measures if the medical use generates a
greater parking demand than anticipated and creates a nuisance.
Condition of Approval No. 9 limits the hours of operation between 8:00 a.m. to
7:00 p.m., Monday to Thursday, and 9:00 a.m. to 5:00 p.m., Friday and Saturday.
This allows for flexibility of the future medical use while also maintaining hours of
operation that are comparable to medical offices in the vicinity. Conditions of
Approval No. 10 and 11 prohibit the space from operating as an urgent care or
hospital and does not allow for the overnight stay or late-night discharge of
patients. With these conditions, the Project is not anticipated to impact the
nearby nonconforming residences and will maintain compatibility will the
surrounding neighborhood.
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The Building Division as reviewed the Project and has included Condition of
Approval No. 31 which requires the Applicant to obtain a building permit for the
change of use and/or change in occupancy of the Project.
The Project has been reviewed and includes conditions of approval to ensure
that potential conflicts with the surrounding land uses are minimized to the
greatest extent possible. Condition of Approval No. 12 requires the property
owner and tenants to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks
and areas surrounding the property and adjacent properties during business
hours, if directly related to the patrons of the establishment. Based on the NBMC
requirements and the proposed conditions of approval, the Project should not
result in a detriment to the surrounding community.
ENVIRONMENTAL REVIEW
This Project has been determined to be categorically exempt under the requirements of
the California Environmental Quality Act under Section 15301 under Class 1 (Existing
Faclities). The exceptions to this categorical exemption under Section 15300.2 are not
applicable. The Class 1 exemption authorizes minor alterations of existing structures
involving negligible or no expansion of use. The Project is to convert an existing suite
from a professional office use to a medical use with improvements limited to the interior
of the building and no increase in floor area which results in a negligible intensification
of use. Therefore, the Class 1 exemption is applicable.
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.
APPEAL PERIOD:
An appeal may be filed with the Community Development Director within 14 days following
the date of action. For additional information on filing an appeal, contact the Planning
Division at (949) 644-3200.
Prepared by:
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JP/ja
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description Letter
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2025-##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A MINOR USE
PERMIT AND STAFF APPROVAL FOR THE PARTIAL
CONVERSION OF AN EXISTING PROFESSIONAL OFFICE
BUILDING INTO A MEDICAL OFFICE AND WAIVING A PORTON
OF THE OFF-STREET PARKING REQUIREMENT FOR THE
PROPERTY LOCATED AT 20062 BIRCH STREET (PA2024-0212).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Michael Segura (Applicant), concerning the property located at
20062 Birch Street and legally described as the southwesterly one half of Lot 140 of Tract
706, Harbor View addition to Santa Ana Heights, as shown on a map recorded in Book 21,
Page 25 of Miscellaneous Maps, Records of Orange County, California (Property).
2. The Property is developed with a three-story, 9,622 square-foot professional office
building. Prior to the Property’s annexation to the City, construction of the building was
authorized on May 15, 2003, by the Orange County Zoning Administrator’s approval of
Use Permit No. PA02-0188. The building provides a 42-space parking lot on the first floor
and two levels of professional office space above.
3. The Applicant requests approval of a minor use permit to convert the second floor,
approximately 4,256 square feet, from professional office use to medical office use. The
Applicant also requests a staff approval to waive one parking space, or 2% of the overall
required parking for the building, to implement the conversion. There is no increase in floor
area and no exterior remodeling proposed (Project).
4. Section 20.40.110 (D) (Adjustments to Off-Street Parking Requirements) of the Newport
Beach Municipal Code (NBMC) allows the Community Development Director to reduce
the number of required parking spaces by a maximum of 20%. However, Section 20.50.30
(Multiple Permit Applications) of the NBMC requires that multiple applications for the
same project be processed concurrently and be reviewed and approved, modified, or
denied by the highest review authority, which in this case is the Zoning Administrator.
5. This Resolution shall not supersede or invalidate any previously issued use permit for
the Property, and all prior approvals shall remain in full force and effect unless explicitly
modified or revoked by this Resolution
6. The Property is categorized as General Commercial Office (CO-G) by the General Plan
Land Use Element and is located within the Santa Ana Heights Specific Plan, Business
Park District (SP-7, BP) Zoning District.
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7.The Property is not located within the Coastal Zone; therefore, a coastal development
permit is not required.
8.A public hearing was held on April 10, 2025, 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) under 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 exceptions to this categorical exemption under Section
15300.2 are not applicable.
2.The Class 1 exemption authorizes minor alterations of existing structures involving
negligible or no expansion of use. The Project is to convert an existing suite from a
professional office use to a medical office use with improvements and no increase in
floor area. The Project results in a negligible intensification of use. Therefore, the Class
1 exemption is applicable.
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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 Land Use Element of the General Plan categorizes this Property as General
Commercial Office (CO-G). Table LU 1 (Land Use Plan Categories) of the Land Use
Element specifies that the CO-G category is intended to provide areas for the
development of administrative, professional, and medical offices with limited accessory
retail and service uses. The Project converts professional office into medical office and
is therefore consistent with the General Plan land use designation.
2.Land Use Policy LU2.1 (Resident-Serving Land Uses) of the Land Use Element of the
General Plan encourages uses that support the needs of Newport Beach’s residents
including housing, retail, services, employment, recreation, education, culture,
entertainment, civic engagement, and social and spiritual activity that are in balance with
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community natural resources and open spaces. While other types of professional offices
have incurred higher vacancy rates in a post COVID-19 environment, medical offices
remain an in-demand use. The Project diversifies the allowed uses within the building
and helps to provide an additional service to nearby residents and visitors to the City, in
an otherwise vacant tenant space, and is therefore consistent with Land Use Policy
LU2.1.
3. The Property is located within the Santa Ana Heights Specific Plan Business Park District
(SP-7, BP) Zoning District. The BP District was established to provide for the
development and maintenance of professional and administrative offices, commercial
uses, specific uses related to product development, and limited light industrial uses. The
Project converts a portion of an existing professional office building into medical office
and is therefore consistent with the specific plan designation.
4. Section 20.90.120 (Business Park District: SP-7 (BP)) of the NBMC requires several
development standards including, but not limited to, setbacks, floor area ratio, lot
coverage, height, and landscape buffering. The Project does not include any changes
to the size of the existing building nor incudes any changes to the exterior of the building.
The existing building will continue to meet all development standards.
5. Section 20.90.030 (Design Guidelines) of the NBMC requires specific design guidelines
for business park uses located in the Santa Ana Heights Specific Plan area including
building design and parking lot landscaping. The Project does not include any changes
to the exterior façade of the building or landscaping. The existing building will continue
to meet design guidelines.
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. Facts 3, 4, and 5 in Support of Finding A are hereby incorporated by reference
2. Section 20.90.120 (Business Park District: SP-7 (BP)) of the NBMC allows for medical
uses, subject to approval of a minor use permit (MUP). The Applicant intents to convert
the entirety of the second floor into medical office; therefore, a MUP is required.
3. The Project does not include an expansion of the existing office building or any
modification to the exterior of the structure. The building will continue to comply with all
applicable development standards including but not limited to height, setbacks, floor
area ratio, site coverage, and landscaping.
4. Table 3-10 (Off-Street Parking Requirements) of Section 20.40.040 (Off-Street Parking
Spaces Required) of the NBMC provides an off-street parking requirement of one space
for every 250 square feet of net floor area for a professional office use. The existing
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professional office building is developed with 9,622 square feet of net floor area and
requires 39 parking spaces. However, Table 3-10 provides a higher off-street parking
requirement of one space for every 200 square feet of gross floor area for medical office
uses. The Applicant proposes to convert 4,256 square feet of gross floor area into a
medical office use, which increases the overall parking requirement of the Property to
43 parking spaces. The Property only provides 42 parking spaces, and it is not feasible
to provide additional parking spaces due to site constraints. Therefore, a one space, or
2%, parking waiver is required.
5. All facts in support of Finding F, G, and H are hereby incorporated by reference.
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. The Property is located on Birch Street, which primarily developed other multi-story,
medical and professional office building. The Project is bounded by a single-unit
residence to the north, a single-unit residential equestrian property developed with a
storage facility to the east, and a multi-tenant, medical office building to the west. There
is a multifamily development approximately 125 feet to the south of the Property along
Birtch Street. Residential uses are not allowed within SP-7, BP and the residences are
considered nonconforming. Medical offices typically do not generate public
inconveniences or nuisances such as noise, light, or odors. Conditions of Approval
Numbers 10 and 11 prohibit the space from operating as an urgent care or hospital and
does not allow for the overnight stay or late-night discharge of patients. Therefore, the
Project is not anticipated to impact the nearby nonconforming residences and will
maintain compatibility will the surrounding neighborhood.
2. The proposed hours of operation shall be between the hours of 8:00 a.m. to 7:00 p.m.
Monday to Thursday and 9:00 a.m. to 5:00 p.m. Friday and Saturday. This allows for
flexibility of the future medical use while also maintaining hours of operation that are
comparable to medical offices in the vicinity. The existing tenant on the third floor
maintains hours of operation between 8:00 a.m. to 5:00 p.m. Monday to Saturday. The
proposed hours of operation for the medical use are substantially similar to the operating
hours of other tenant in the building.
3. Section 20.90.120 (Business Park District: SP-7 (BP)) of the NBMC requires landscape
buffering, mechanical equipment and trash container screening, and a 6-foot wall
separating SP-7, BP properties from Residential Equestrian District (REQ) properties.
The existing building will continue to conform to these standards and will remain
compatible with the abutting property in the REQ District.
Finding:
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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 measures 18,692 square feet in area, is rectangular in shape, and is
located within a developed neighborhood.
2. Existing vehicular and pedestrian access points to the Property from Birch Street will be
maintained. Adequate public and emergency vehicle access, public services, and
utilities are provided on the Property
3. The on-site parking area is located on the first floor and will be improved to provide
parking solutions for alternative modes of transportation including a parking space
designated for rideshare vehicles.
4. The Building Division and Fire Department have reviewed the Project and have provided
Conditions of Approval Numbers 31-37 which require the Applicant to obtain a building
permit for the change of use and/or change in occupancy regardless of if any construction
is proposed. Any required improvements to the Property to accommodate the medical use
shall comply with Building and Fire Codes.
Finding:
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 in Support of Finding:
1. The Project will add medical office use to an existing professional office building within
a developed neighborhood where professional and medical offices are common.
2. The Property currently provides a total of 42 on-site parking spaces. The Project
includes Condition of Approval No. 7 which requires the Applicant designate one parking
space as share-mobility vehicle parking space in lieu of providing one additional parking
space. The Project also includes Condition of Approval No. 8, which affords the
Community Development Director, Public Works Director, or the City Traffic Engineer the
ability to require additional parking mitigations measure if parking is determined to be a
public nuisance for surrounding properties.
3. Condition of Approval No. 10 and 11 prohibits the use from operating as an urgent care
facility or a hospital and does not allow any overnight stay or late-night discharges of
patients.
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4. The Project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. Condition of Approval No. 12 requires the medical office operator take
reasonable steps to discourage and correct objectionable conditions that constitute a
nuisance in parking areas, sidewalks and areas surrounding the Property and adjacent
properties during business hours, if directly related to the patrons of the establishment.
Based on the NBMC requirements and the proposed conditions of approval, the Project
should not result in a detriment to the surrounding community.
Staff Approval for Parking Waiver
In accordance with Section 20.40.110(D) (Adjustments to Off-Street Parking Requirements) of
the NBMC, the Community Development Director may authorize a reduction of off-street
parking by a maximum of 20% using a combination of the following:
Finding:
F. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available
Fact in Support of Finding:
A parking study was not used as justification for the reduction in parking.
Findings:
G. On-Site Bicycle Facilities. Required nonresidential off-street parking may be reduced
where there is a demonstrated use of bicycles as a mode of transportation. The Director
may reduce the number of required parking spaces by one space for every three bicycle
parking spaces provided on the same site they serve, up to 5% of the total requirement
in compliance with the following conditions:
i. The applicant has provided sufficient evidence to substantiate that there exists a
demand for bicycle parking; and
ii. The bicycle parking spaces are located completely within the private property they
serve.
iii. An additional 5% reduction may be allowed when enhanced end-of trip facilities are
provided on the same site they serve, including, but not limited to, showers and
locker facilities.
Fact in Support of Findings:
On-site bicycle facilities were not used as justification for the reduction in parking.
Findings:
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H. Space for Shared Mobility. Required nonresidential off-street parking may be reduced
by up to 10% in compliance with the following conditions:
i. Exclusive of curb space needed for emergency access purposes (e.g., a fire lane),
the development includes at least 20 linear and contiguous feet of on-site dedicated
curb-space located entirely on private property; or
ii. There is one off-street parking space designated and with proper signage for the use
of shared-mobility vehicles and/or pick-up/drop-off located on private property and
on the same site it is intended to serve.
Facts in Support of Findings:
1. The Applicant proposes to designate one off-street parking space for use by shared-
mobility vehicles. Condition of Approval No. 7 requires the Applicant to install signage
indicating that a parking space is reserved for the shared-mobility vehicles prior to the
operation of the medical office use.
2. The Community Development Director is satisfied that the shared mobility parking space
is sufficient to waive 1 parking space, or 2% of the parking requirement.
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 under 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
and Staff Approval filed as PA2024-0212 subject to the conditions outlined 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 if filed with the Community Development
Director in accordance with the provisions of Section 20.54.060 (Time Limits and
Extensions) of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF MARCH, 2025.
______________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The Project 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. A material violation of
any of those laws in connection with the use may be caused the revocation of this
approval.
4. PA2024-0212 may modified or revoked by the Zoning Administrator if determined that
the proposed uses or conditions under which it is being operated or maintained are
detrimental to the public health, welfare, or materially injurious to the Property or
improvements in the vicinity or if the Property is operated or maintained to constitute a
public nuisance.
5. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans shall require subsequent review by the Planning Division and
potentially the processing of an amendment to this approval or the processing of a new
entitlement.
6. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
7. Prior to the operation of the medical use, the Applicant shall install appropriate signage
to designate one parking space as share-mobility vehicle parking space.
8. If in the opinion of the Community Development Director, Public Works Director, or City
Traffic Engineer, the medical use is generating a greater parking demand than anticipated
and is creating a nuisance, additional parking management measures may be required.
9. The hours of operation for the medical office tenants shall be limited to between the
hours of 8:00 a.m. to 7:00 p.m. Monday to Thursday and 9:00 a.m. to 5:00 p.m. Friday
and Saturday.
10. This approval does not authorize the operation of an urgent care facility or a hospital.
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11. This approval does not authorize overnight stays or the late-night discharges of patients
12. The Property owner and tenants shall take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and
areas surrounding the Property and adjacent properties during business hours, if directly
related to the patrons of the establishment
13. Prior to the issuance of a building permit, the Applicant shall pay Fair Share Fees in
accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of the
NBMC.
14. All Project signs shall be in conformance with the provisions of Chapter 20.42 (Sign
Standards) of the NBMC.
15. All landscaped areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be
kept free of weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
16. The Property shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, in the
opinion of the Community Development Director, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Director may order the dimming of light sources or other remediation upon finding
that the Property is excessively illuminated.
17. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) and other applicable noise control requirements of the
NBMC.
18. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the NBMC, 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.
19. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from the view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes
20. 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
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with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
21. The exterior of the business shall be always maintained free of litter and graffiti. 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.
22. Storage outside of the building in the front or at the rear of the Property shall be
prohibited, except for the required trash container enclosure.
23. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
24. 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
Community Development Director and may require an amendment to this approval.
25. A Special Events Permit is required for any event or promotional activity outside the
normal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, include any form of on-site media broadcast, or any other activities
as specified in the NBMC to require such permits.
26. 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 Section 20.54.060 (Time Limits and Extensions) of the
NBMC.
27. 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.
28. This Resolution shall not supersede or invalidate any previously issued use permit for
the Property, and all prior approvals shall remain in full force and effect unless explicitly
modified or revoked by this Resolution
29. 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 leasing agent.
30. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 20062 Birch Street Medical Conversion including, but
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Zoning Administrator Resolution No. ZA2025-0##
Page 11 of 11
01-17-23
not limited to, the Minor Use Permit and Staff Approval filed as PA2024-0212. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorney’s fees, and other expenses incurred in connection with such
claim, action, causes of action, suit, or proceeding whether incurred by the Applicant, City,
and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the
City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing
the indemnification provisions outlined in this condition. The Applicant shall pay to the City
upon demand any amount owed to the City under the indemnification requirements
prescribed in this condition.
Building Division
31. The Applicant shall obtain all applicable permits from the City’s Building Division and Fire
Department, including a building permit for a change in use and/or change of occupancy.
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.
32. The medical use shall be limited to medical office and medical clinic as defined in the
California Building Code (CBC).
33. An accessible path of travel shall be provided from the parking area and public right-of-
way to the tenant space on the second floor.
34. The existing elevator shall be fully accessible per Section 11B-407 of the California
Building Code (CBC).
Fire Department
35. Any modifications to the structure, fire sprinkler system, or fire alarm shall require a
permit from the Newport Beach Fire Department (NBFD).
36. Group B ambulatory care facilities shall be reviewed and approved by the NBFD prior
to any occupancy in the structure.
37. Any medical service that can render a patient unable to self-evacuate shall be reviewed
and approved by the NBFD.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Minor Use Permit & Staff Approval
(PA2024-0212)
20062 Birch Street
Subject Property
19
Attachment No. ZA 3
Applicant’s Project Description Letter
20
VALUE-ADDED SERVICES: WORKING CAPITAL + BUSINESS LOANS ACCOUNTING + BOOKKEEPING + PAYROLL ENHANCED ONLINE REPORTING
Phone: 800.960.0135 Fax: 800.960.0136 PO Box 11207, Newport Beach, CA 92658 www.GroupISO.com
LIKE
/GroupISO
FOLLOW
@GroupISOInc
JOIN
company/Group-ISO
City of Newport Beach
I purchased the building in 2018. It’s a Business Park zone with an SP7 and 42 parking spaces. I’ve had several
medical tenants, i.e. chiropractor, dentist and med spa that were interested, however the MUP process would take
too long so they leased a space elsewhere.
This is the reason I am applying for the MUP permit so the space is immediately available for a medical tenant. In
addition, SW Birch St is predominantly medical buildings including the medical building directly next door.
My business, Group ISO accommodates the entire 3rd fioor totaling 5,366 sq ft. The required parking is 4 per 1000,
totaling 22 parking spaces. We have 15 employees and 4 are remote. I can provide a payroll report to conflrm. Our
hours are 7am-5pm Monday – Friday.
I’m requesting the MUP for the entire 2nd fioor totaling 4,256 sq ft. The required parking is 5 per 1000, totaling 21
parking spaces.
Please call or email with any questions or documentation needed. I can also meet at the city anytime.
Much Appreciation
Mike Segura
21
Attachment No. ZA 4
Project Plans
22
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