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HomeMy WebLinkAboutZA2025-015 - 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 SRESOLUTION NO. ZA2025-015 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, 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. Zoning Administrator Resolution No. ZA2025-016 Page 2 of 12 01-17-23 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 Zoning Administrator Resolution No. ZA2025-016 Page 3 of 12 01-17-23 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 Zoning Administrator Resolution No. ZA2025-016 Page 4 of 12 01-17-23 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. Zoning Administrator Resolution No. ZA2025-016 Page 5 of 12 01-17-23 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 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. Zoning Administrator Resolution No. ZA2025-016 Page 6 of 12 01-17-23 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. 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. Zoning Administrator Resolution No. ZA2025-016 Page 7 of 12 01-17-23 Fact in Support of Findings: On-site bicycle facilities were not used as justification for the reduction in parking. Findings: 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. Zoning Administrator Resolution No. ZA2025-016 Page 8 of 12 01-17-23 PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF APRIL, 2025. Zoning Administrator Resolution No. ZA2025-016 Page 9 of 12 01-17-23 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 to Sunday. 10. This approval does not authorize the operation of an urgent care facility or a hospital. Zoning Administrator Resolution No. ZA2025-016 Page 10 of 12 01-17-23 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 Zoning Administrator Resolution No. ZA2025-016 Page 11 of 12 01-17-23 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 Zoning Administrator Resolution No. ZA2025-016 Page 12 of 12 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.