HomeMy WebLinkAboutAppeal of Planning Director UP No. 2006-021 - PA2006-193CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
November 2, 2006
TO: PLANNING COMMISSION
FROM: Rosalinh Ung, Associate Planner
(949) 644- 3208, rung @city.newport- beach.ca.us
SUBJECT: Appeal of Planning Director Use Permit No. 2006 -021
David F. Wilhelm Medical Office, 2382 Bristol St
(PA2006 -193)
APPLICANT: David F. Wilhelm, D.D.S.
APPELLANT: Santa Heights- Project Advisory Committee
ISSUE
Should the Planning Commission uphold the decision of the Planning Director to
approve Use Permit No. 2006 -021 to allow the utilization of an approximately 2,625
square foot office area for medical office use within an existing 10,500 square foot office
building complex?
BACKGROUND
The subject property is located at the southwesterly corner of Bristol Street and Spruce
Avenue, in the SP -7 District (Santa Ana Heights Specific Plan). Surrounding uses are
professional office developments to the north, east and west and single family
residences to the south.
The property has a General Plan designation of Administrative, Professional & Financial
Commercial and is zoned Professional and Administrative Office District [SP- 7(PA)].
The site is presently improved with two office buildings (2372 and 2382 Bristol). The
2372 Bristol building was built in 1983 and the 2382 Bristol building was built in 1981.
The buildings are identical in size and shape, and are approximately 10,500 square feet
in total area and have four separate condominium ownerships. The 2372 Bristol building
is currently occupied by a professional office on the second floor and a dental office on
the first floor. The 2382 Bristol Building is currently occupied by a professional office on
the second floor and the first floor is vacant. The vacant space is the proposed
occupancy and the subject of this Use Permit.
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Wilhelm Medical Office
November 2, 2006
Page 2
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Planning Director's Use Permit Na-2006-021
(PA2006-193)
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Current
Develo2ment:
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To the north:
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To the south:
2008
To the west:
Professional office development
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Wilhelm Medical Office
November 2, 2006
Page 2
Subject
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Planning Director's Use Permit Na-2006-021
(PA2006-193)
ov.
Current
Develo2ment:
Professional office development
To the north:
Professional office development
—Professional
To the east:
office development
To the south:
Single Family Residential
To the west:
Professional office development
2-
Wilhelm Medical Office
November 2, 2006
Page 3
On October 10, 2006, the Planning Director considered and approved Use Permit No.
2006 -021 to allow the vacant 2,625 square foot space to be used for medical /dental
office use. As part of the project, the applicant agreed to increase the total parking on-
site to account for the increase requirement of 3 spaces as medical and dental office
uses require parking at one space for every 200 gross square feet.
The Planning Director analyzed the proposal with regard to compliance with the Land Use
Element of the General Plan, Zoning Code Compliance (specifically, Chapter 20.44, Santa
Ana Height Specific Plan Area, PA Zoning District regulations), proposed use and the
parking requirements. The Planning Director determined that the proposal would not be
detrimental to persons, property or improvements in the neighborhood. In addition, the
approval of the Use Permit would be consistent with the legislative intent of Title. 20 of the
Newport Beach Municipal Code. A detailed discussion of the Use Permit including the
required findings is provided in the attached approval letter dated October 10, 2006
(Exhibit 1).
Appeal
On October 13, 2006, an appeal was filed by the Santa Heights - Project Advisory
Committee (SAH -PAC). SAH -PAC does not believe the Planning Director adequately
considered the fact that there is already a nonconforming medical use at the property;
that due to this pre- existing medical use, there is more than one parking space deficit in
the required parking; that the conversion to medical use will create more non -local traffic
through neighborhood streets; that the Specific Plan makes clear and obvious the
distinction between "professional and administrative office" and "medical and dental
office" use and that medical and dental office use is, therefore, not a permitted use in
the PA District; and that the argument that this building was constructed before the SAH
Specific Plan was adopted by the County of Orange and therefore not subject to the
provisions of the Specific Plan permitted uses is seriously flawed (Exhibit 2).
In response to the appeal filed PAC, the applicant submitted a rebuttal letter for the
Commission to review and consider (Exhibit 3).
Medical /Dental Uses in PA District
The original Santa Ana Heights Specific Plan was prepared and adopted on October 15,
1986, by the Orange County Board of Supervisors to implement the Land Use
Compatibility Program for Santa Ana Heights. Since the Specific Plan adoption, there
were several amendments; although, none directly affected the subject property. In
2001, when the City annexed the area, the Specific Plan was incorporated within the
Municipal Code and it was modified to reflect the Newport Beach Codes, not the County
Zoning Code.
I
Wilhelm Medical Office
November 2, 2006
Page 4
The Specific Plan has a total of thirteen zoning districts. Four of these districts allow
"professional and administrative office" uses with the approval of a site development
permit. They are: General Commercial (GC), Business Park (BP), Professional and
Administrative Office (PA) and Professional, Administrative and Commercial
Consolidation (PACC). The GC, PA and PACC Districts make no specific reference to
medical and dental office uses as either permitted or prohibited. The Business Park
zone is the only district that specifically references medical and dental offices as a
permitted use with the approval of a Use Permit from the Zoning Administrator.. Each
zone district indicates that uses not listed are prohibited.
The appellant believes since medical and dental uses are not listed as permitted uses
within the PA zone, it is not permitted. The Planning Director concluded that medical or
dental office uses are permitted as they fall within the category of professional and
administrative offices that are listed as permitted uses subject to a Use Permit from the
Zoning Administrator. The appellant notes that since medical and dental office is a
separate category of the BP zone, the appellant believes that the County considers
medical and dental uses separately from professional and administrative offices; and
since it is not listed as being permitted in the PA zone, it would not be permitted.
Staff contacted the County Planning Department; they indicate that medical and dental
offices fall within the professional and administrative office use category. it should be
noted that the County Zoning Code does not have a description of either of these uses,
but it does have a definition of an administrative office as: "a place of business for
rendering of service or general administration, but excluding retail sales ". If we were to
follow the appellant interpretation, one would conclude that medical and dental offices
are not permitted in any commercial zone in the County since medical and dental offices
are not specifically listed in any commercial zone, except in the BP zone of the Specific
Plan. When the City incorporated a modified version of the County Specific Plan into the
City Municipal Code as Specific Plan District #7 (Santa Ana Heights), the provisions for
professional and administrative offices in the GC, PA and PACC Districts essentially
remained the same. However, the. BP District was modified as medical and dental
offices were allowed by the County provided it was less than 4,000 gross square feet.
The 4,000 gross square foot limitation on medical /dental uses was not included in the
City's version of the Specific Plan which results in the only reference for medical /dental
use in the BP District of the City's adopted Specific Plan.
It is unclear whether the 4,000 gross square foot restriction applies to each tenant
space or each property. Also, it is unclear whether medical and dental offices above this
limitation would be permitted with any discretionary approval, or not permitted outright in
this zoning district. It could only be concluded that the County created this limitation so
that the district itself could maintain a healthy balance of professional and administrative
offices, commercial uses and limited light industrial uses within a business park
environment and not be dominated by medical uses.
In summary, it is the Director's interpretation that medical or dental office uses are
permitted in the PA zone. As mentioned above, the office complex presently has a
M
Wilhelm Medical Office
November 2, 2006
Page 5
dental office (2372 Bristol Street, Suite A). The tenant improvement plans, in
conjunction with a building permit for the dentist office, were issued by the County of
Orange on August 16, 2000 and received final occupancy on April 23, 2001. It appears
from that, the County of Orange Planning Department had considered the
medical /dental use as a permitted use; however, they did not require a site development
permit as required by the County's Specific Plan. This oversight appears to be an error;
nevertheless, it supports the conclusion that there is no distinction between professional
or administrative office uses and medical and dental office uses. The existing dental
office is considered a legal conforming use.
Furthermore, it is important to note that medical /dental office uses are traditionally
considered as professional business office uses. Both the County and City Municipal
Codes do not differentiate between medical /dental uses within business professional
uses in the land use matrixes; however, both have different parking requirements for
medical /dental use since parking demand for medical use, in general, is slighter higher
than general office use.
On -Site Parking Requirement for Medical /Dental Uses
The construction of the buildings predated the adoption of the Santa Ana Heights
Specific Plan Area District in October 1986. The building permit history, from the
County, shows that 42 parking spaces (one space for every 250 gross square feet)
were required. This amount of parking limits the use of the building to general office
uses as medical uses require one space for each 150 gross square feet per the County
Zoning Ordinance. However, the County issued a building permit in 2000 for the existing
dental office located in one of the buildings without requiring additional parking. The
dental suite is approximately 2,625 square feet and would have necessitated 3
additional spaces. A recent site visit by staff revealed that the construction of a trash
enclosure resulted in the loss of one of the original required parking spaces; thereby
reducing the overall number from 42 to 41 spaces. A condition of approval was included
for the replacement of the parking space. Nevertheless, the property is nonconforming
to parking requirements and is subject to Chapter 20.62 (Nonconforming Structures and
Uses). Due to the change in use, additional parking (one space for every 200 gross
square feet) is required.
According to Section 20.62.060, Nonconforming Parking, of the City Municipal Code, a
nonconforming structure or use may be enlarged by less than 10 percent of its original
gross floor area or intensified to generate less than 10 percent increase in Code -
required parking, upon the provision of Code - required parking attributable to the
enlargement or intensification. The project, as proposed, requires a net increase of 3
additional parking spaces which would be an intensification of approximately 7.14
percent in the required parking (3/42). The project includes the restriping of spaces and
the minor elimination of landscaping to increase the parking provided by 3 spaces. The
project, therefore, meets Section 20.62.060. However, when reviewing the parking
situation of the entire property, the property still remains under - parked per Code, due to
the previous dental office approved by the County even with the proposed increase in
Wilhelm Medical Office
November 2, 2006
Page 6
the number of parking spaces. This circumstance could be perceived as a potentially
detrimental condition should an actual parking problem arise; and therefore, denial of
the proposed Use Permit could be justified. Staff did not take this step due to the fact
that there would be 45 total spaces and the site accommodates a sufficient variety of
uses such that there would not be a likely overlap in parking demand. Additionally,
street parking is available on both sides of Spruce Avenue, north of Zenith Avenue and
along the north side of Zenith Avenue.
Environmental Review:
The project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities) and Class 5 (Minor Alterations in Land Use Limitations).
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of.this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
RECOMMENDATION
Staff recommends that the Planning Commission deny the appeal and uphold and affirm
the decision of the Planning Director and approve Use Permit No. 2006 -021,
The Planning Commission has the following additional options:
1. Uphold the appeal and deny Use Permit No. 2006 -021.
2. Modify any aspect of the Use Permit.
Prepared by:
R salinh M. Ung, As late Planner
Exhibits:
Submitted by:
Patricia L. Temple, PV nning Director
1. Approval Letter Dated October 10, 2006
2 Appeal Application
3. Applicant's Rebuttal Letter dated October 19, 2006
4. County's Building Records
5. Plans
I
EXHIBIT NO. 1
PLANNING DIRECTOR'S
APPROVAL LETTER DATED
OCTOBER 10, 2006
October 10, 2006
USE PERMIT NO. UP2006 -021
(PA2006 -193)
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644 -3200 FAX (949) 644 -3229
David F. Wilhelm, D.D.S.
10028 Adams Avenue
Huntington Beach, CA 92646
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Application: Planning Director's Use Permit No. UP2006 -021 (PA2006 -193)
Applicant: David F. Wilhelm, D.D.S.
Site Address: 2372 & 2382 Bristol Street, Unit 3
Legal Description: Parcel 1. PM -155/9
Request as Modified and Approved.
To allow the utilization of a portion of the approved office building to accommodate up to
2,625 square feet of medical /dental office use. The remaining 7,875 square feet shall remain
dedicated to general office use only. Originally described as an amendment to the existing
use permit approved by the County of Orange, it has been determined that the project was
constructed prior to the adoption of the Santa Ana Heights Specific Plan Area; and therefore,
no use permit exists- Un.. -its -construction or any on -site uses. This use permit approval will
allow the establishment of the above - referenced use -by review and approval by the
Planning Director- up to the maximum square footage specified. It should be noted that this
approval will authorize the use of only the first floor of the 2382 Bristol Street building for
medicalldental office use. The property is located in the SP -7 (PA District of Santa Ana
Heights Specific Plan Area) District.
DIRECTOR'S ACTION APPROVED, OCTOBER 10, 2006
BACKGROUND
The subject property is located at the southwesterly corner of Bristol Street and Spruce
Avenue. The subject building is part of a larger project that includes two, two -story
office buildings constructed under permits issued by the County of Orange prior to
annexation to the City of Newport Beach (and is occupied by four commercial
condominiums — two in each building, one per floor). The original building permits were
issued on June 30, 1980. The construction predates the adoption of the Santa Ana
Heights Specific Plan Area District (adopted in October 1986). Therefore, the
requirement for a use permit would not apply since medical /dental office use was
determined to be included in the administrative professional office use classification.
The building permit history, from the County, shows that 42 on -site parking spaces were
required for the project (21 spaces per building based on floor area of 5,250 square feet
per building). A site visit by staff revealed that the construction of a trash enclosure
resulted in the loss of one of the required parking spaces, reducing the overall number
from 42 to 41 spaces. Staff is recommending reinstatement of the lost parking space
(please refer to the appendix for the related discussion). The appropriate condition of
approval is included in the attached exhibit for approval.
Tenant improvement plans, in conjunction with a building permit for the dentist located
in 2372 Bristol Street, Suite A, were issued by the County of Orange on August 16,
2000 and received final sign -off on April 23, 2001 (copies attached for information). It
appears from the issuance and "final' of the building permit that the County of Orange
Planning Department had knowingly approved the medical /dental use as a permitted
use under the authority of the then zoning district, Santa Ana Heights Specific Area
Plan (PA District) as noted on the building permit. Therefore, staff is satisfied that the
existing on -site dental office is legal conforming, and that medical uses are allowed by
the PA District.
The subject site is bounded by the PACC (Professional, Administrative and Commercial
Consolidation) Zoning District to the northwest, the PA (Professional Administrative)
Zoning District to the southeast across Spruce Street and the RSF (Residential Single
Family) Zoning District immediately to the southwest across Zenith Ave (buffered by the
parking lot).
APPLICATION REQUEST
In approving this application, the Planning Director analyzed the proposal with regard to
compliance with the Land Use Element of the General Plan, Zoning Code Compliance
(specifically, Chapter 20.44, Santa Ana Height Specific Plan Area, PA Zoning District
regulations), proposed use and the parking requirements. The discussion can be found in
the attached appendix. In this case, the Planning Director determined that the proposal,
with the limitation on the mix of uses and requirement to conform to the Zoning Code
specified parking regulations (Chapter 20.66), would not be detrimental to persons,
property or improvements in the neighborhood. In addition, the approval of the Use
Permit would be consistent with the legislative intent of Title 20 of the Newport Beach
Municipal Code based on the following findings:
FINDINGS
1. The property is designated for "Administrative, Professional and Financial
Commercial' use by the Land Use Element of the General Plan and the Santa Ana
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IZ
Heights Specific Plan Area Professional and Administrative Office (PA) District
regulations. The proposed mix of uses (administrative, professional office and
medical /dental office) is consistent with those designations.
2. This project has been reviewed, and it has been determined categorically exempt
from the requirements of the California Environmental Quality Act under Class 1
(Existing Facilities) and Class 5 (Minor Alterations in Land Use Limitations).
3. The approval of Planning Director's Use Permit No. UP2006 -021 (PA2006 -193)
will not, under the circumstances of this case, be detrimental to the health, safety,
peace, morals, comfort, and general welfare of the city for the following reasons:
• Adequate on -site parking will be provided and available for the existing
and proposed mix of uses.
• The proposed mix of administrative, professional office and
medical/dental office uses will not create an intensification of trip -
generation rates that requires a Traffic Phasing Ordinance Analysis.
However, if in the future the mix of uses increases the trip - generation
characteristics or exceeds the threshold limit of the Traffic Phasing
Ordinance; appropriate analysis will be required prior to authorization of
such change or increase in the mix of uses and will require an
amendment to this use permit.
4. The approval of Planning Director's Use Permit No. UP2006 -193 (PA2006 -021) is
consistent with the purpose and intent of the Santa Ana Heights Specific Plan Area
District based on the following reasons:
• The proposed project is a well - planned professional office use and
commercial development which is adequately buffered from the adjacent
residential neighborhood.
• The office complex and residential traffic are separated to the maximum
extent possible, since the vehicular access is on Spruce Avenue.
Addifionally, the subject property is located on a block that is bounded on `
the northwest and southeast by Professional Administrative Office use
and to the northeast by the State Route 73 and to the southwest are
single - family residential uses.
• The proposal to establish a mix of medical /dental office with the existing
administrative and professional office uses does not alter or diminish the
overall aesthetic character of the community.
5. Compliance with all other applicable regulations of the Municipal Code, more
specifically Chapter 20.66 Parking Requirements, will be required and enforced.
The parking for the medical /dental office use will be increased on site to meet
the Municipal Code requirements.
October 10, 2006
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CONDITIONS
The development and mixture of permitted uses shall be in substantial
conformance with the approved footage limitation plan.
2. The maximum square footage devoted to medical /dental use shall not exceed
2,625 square feet (first floor of the 2382 Bristol Street building, and the remainder
of the building shall be devoted to general, professional and administrative office
use).
3. The use permit authorizes medicalldental uses as specified herein within the
existing office building (first floor of 2382 Bristol Street only, which is the subject of
this application) and the existing non - conforming dental office in 2372 Bristol Street
— ground floor).
4. All applicable parking requirements of Chapter 20.66 of the Newport Beach
Municipal Code shall apply and shall be enforced.
5. Changes to the existing parking lot configuration shall be subject to further review
by the City Traffic Engineer for the on -site parking, vehicular circulation and
pedestrian circulation systems. Parking for the medical /dental use shall be no less
than one parking space for each 200 square feet of gross floor area. The
reconfiguration of the parking lot shall increase the on -site parking to a minimum of
3 additional parking spaces to the required on -site parking of 42 spaces (the
parking lot shall be first returned to provide 42 on -site parking spaces which will
call for the relocation of the trash enclosure that was installed without benefit of
permits to displace a required parking space).
6. The trash enclosure shall be relocated out of the parking lot area and the existing
location shall be reverted to a parking space (one of the original 42 parking
spaces). The parking lot shall be re- striped to provide the original 42 parking
spaces (as approved with the original construction) and the remainder of the
parking lot shall be re- striped to provide an additional 3 parking spaces for an
overall total of 45 parking spaces to serve the property.
7. Employees shall park on -site at all times.
No temporary "sandwich" signs, balloons or similar temporary signs shall be
permitted, either on -site or off -site, to advertise the proposed food establishment,
unless specifically permitted in accordance with the Sign Ordinance of the Santa
Ana Heights Specific Plan Area Regulations or the Municipal Code. Temporary
signs shall be prohibited in the public right -of -way.
STANDARD CITY REQUIREMENTS
All signs shall conform to the provisions of Chapter 20.44 and applicable sections
of Chapter 20.67 of the Newport Beach Municipal Code, unless otherwise
approved by the Planning Commission or the City Council in accordance with the
provisions of the Municipal Code.
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2. As specified by the Uniform Building Code, the facility shall be designed to meet
exiting and fire protection requirements and shall be subject to review and
approval by the Building Department
3. The project shall comply with State Disabled Access requirements.
4. The Planning Director or the Planning Commission may add to or modify the
Conditions of this Use Permit approval, or they revoke this permit upon a
determination that the operation (which is the subject of this approval) causes
injury, or is detrimental to the health, safety, peace, morals, comfort, or general
welfare of the community.
5. This approval shall expire unless exercised within 24 months from the end of the
appeal period, in accordance with Section 20.91.050 of the Newport Beach
Municipal Code.
APPEAL PERIOD
The decision of the Planning Director may be appealed by the applicant or any interested
party to the Planning Commission within 14 days of the decision date. Any appeal filed
shall be accompanied by a filing fee of $600.00.
On behalf of the Planning Director Patricia L.. Temple,
Qe'e���
Zoning Adlninistrator avier S. Garcia, AICP
Attachments:
1. Appendix
2. Vicinity Map _
3. "Finaled" Building Permit/Cert. of Occupancy for 2372 Bristol St (ground floor)
4. Building Permit (T.I. for Dental Office) for 2372 Bristol Street
5, Existing Site Plan and Path of Travel for 2372 Bristol Street
6. Floor Plan for Existing Dental Office at 2372 Bristol Street
7. Certificate of Use and Occupancy for 2372 Bristol Street
8. Letter from Niall Saunders, AIA - contact
9. Floor Plan for Proposed Dental Office at 2382 Bristol Street
10. Letter from SAHPAC (Santa Ana Heights Project Advisory Committee)
11. Letter from Greg Carroll
c:
Niall F. Saunders, AIA
250 Newport Center Drive, Suite 304
Newport Beach, CA 92660
October 10, 2006
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APPENDIX .
General Plan Compliance
The general plan designates the property for Administrative, Professional and Financial
Commercial. Per the Land Use Element (LUE), medical offices and retail commercial
uses are allowed within the APF designation.
Discussion
It was previously misstated that the existing building was approved in conjunction with a
Use Permit approved by the County of Orange. The original construction in 1980
predates the adoption of the Santa Ana Heights Specific Plan Area District (adopted in
October 1986). Therefore, the requirement for a use permit would not apply. The office
building construction was authorized by the issuance of the building permit. Dental office
use was authorized by issuance of building permits as stated previously. The application,
as submitted, will allow the introduction of another dental office use that will occupy as
stated in the permit history, 2,625 square feet of the building (applicant notation is that the
suite will occupy 2,707 square feet). It is apparent that the floor area did not take into
account the solarium area of both buildings. However, it appears that they were not
included in the parking analysis either and staff has ascertained that it may have been
excluded as mechanical rooms of the building.
Zoning Compliance
As stated in the Zoning Code: "The PA District is established to provide for the
development and maintenance of an optimal environment for moderate intensity
professional and administrative office uses and related uses on sites with large
landscaped open spaces and off - street parking facilities. This district is intended to be
located on heavily traveled streets or adjacent to commercial or industrial districts, and
may be used to buffer residential areas."
The following excerpt from the Zoning Code Section 20.44.055 lists the permitted uses
allowed in the Professional and Administrative Office District of the Santa Ana Heights
Specific Plan Area. As listed, each use requires the approval of a Use Permit issued by
the Planning Director. The applicant's request will allow a limited mix of office and
medicalldental office uses with the establishment of maximum square footage for
medicalldental office use within the project (Item i). The request will also eliminate the
necessity for future use permit applications for each individual medicalldental office use
that remains within the proposed footage limitations.
B. Principal Uses Permitted.
The following principal uses are permitted subject to the approval
of a use permit by the Planning Director per Chapter 20.91:
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a. Automobile parking lots per Chapter 20.66.
b. Churches, temples, and other places of worship.
C. Civic and government uses.
d. Communication transmitting, reception, or relay facilities.
e. Day care nurseries.
f. Educational institutions serving adults.
g. Financial institutions.
h. Libraries and museums.
i. Professional and administrative offices.
j. Public/private utility buildings and structures.
2. The following principal uses are permitted subject to the approval of a
use permit by the Planning Commission per. per Chapter 20.91:
a. Any use which the Planning Commission finds consistent with the
purpose and intent of this district.
C. Temporary Uses Permitted. Temporary uses, per Section 20.60.015, to
include the following:
1. Commercial coaches.
2. Christmas tree sales.
3. Halloween pumpkin sales.
D. Accessory Uses Permitted. The following accessory uses and structures are
permitted when customarily associated with and subordinate to a permitted
principal use on the same building site.
1. Uses per Section 20.60.020, to include:
a. Detached buildings.
b. Fences and walls.
2. Signs per Chapter 20.67.
3. Accessory uses and structures which the Planning Director finds
consistent with the purpose and intent of this district.
E. Prohibited Uses. The following uses are specifically prohibited:
Adult entertainment businesses and adult- oriented businesses.
All uses not listed in this Section as permitted.
October 10, 2006
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Proposed and Excluded Uses
The applicant has submitted the use permit application to allow medical /dental office
use in conjunction with the existing commercial office building at 2382 Bristol Street
(first floor condominium). No other uses are proposed with this application. Therefore,
any use listed in the attached Section 20.44.055 will still require the filing of a use
permit for approval by the Planning Director or the Planning Commission, in each
particular case.
Proposed Use Limitations
In order to be consistent with the General Plan and the Santa Ana Heights Specific
Plan Area regulations, staff has reviewed the implications of an established mix of
general office along with medical /dental office use as described in the table below. The
medical office use and the general office uses are expressed as maximum and
minimum limitations in order to comply with the provisions of the Traffic Phasing
Ordinance. The proposed use limitations will allow the aggregate total square footage of
medical /dental use that does not exceed 5,250 square feet (includes the existing
ground floor of 2372 Bristol Street and the proposed ground floor of 2382 Bristol
Street). The Planning Department will monitor the individual tenant improvement plans
issued by the Building Department to maintain the mix of uses within the permitted
maximums or allowances.
Proposed Mixture of Uses
Maximum Medical /Dental Office Allowed
5,250 square feet (ground floors at existing
2372 Bristol St. & proposed 2382 Bristol St.
Administrative, Professional Office Minimum
5,250 square feet
minimum area required or to remain vacant)
Santa Ana Heiahfs Proiect Advisory Committee (SAHPAC)
The SAHPAC has had an opportunity to review the proposed project and has submitted
the attached letter in response to the proposed addition of medical/dental office use to the
subject property. Concerns raised by the Santa Ana Heights Planning Advisory
Committee are related to changes to the specific plan area regulations adopted by the
City in conjunction with the annexation of the Santa Ana Heights Specific Plan Area and
the parking and traffic generation exhibited by the introduction of the proposed use. A
copy of the letter is attached for informational purposes.
It should be noted that the authority to review and approve a use permit is expressed in
both the City's Santa Ana Heights Specific Plan Regulations (SAH, NBMC Chapter
20.44) and the former County version of the same document. Staff is of the opinion that
the list and mix of uses proposed by this use permit are consistent with the intent of the
Ordinance that governs the Santa Ana Heights Specific Plan Area.
October 10, 2006
I:IUSERSIPLNIShared\PA's1PAs - 20061PA2006- 1931UP2006 -021 appr.doc
Page 8 of 10
on
The SAH Advisory Committee also raised issues related to development standards of
the SAH Specific Plan that are nonconforming on the subject property. The original
building permits for the office building were issued by the County of Orange Building
Department. It was noted and observed by staff on visit to the site that a portion of one
of the two buildings is currently occupied by a periodontist office. Staff could not find
any use permit approval for the introduction of the dental office use. This raises a
question of whether or not the presence of the dental office further encumbers the
parking or whether the County of Orange approved the use as an administrative,
professional office use in accordance with the provisions of the SAH regulations. Staff
can only surmise that the use was considered a permitted use and was therefore
issued a building permit as a compliant use.
Parking Requirement
Based on a review of the floor plans of thb existing building approved by the County of
Orange in 1980, it has been determined that the project was constructed with a parking
ratio of 1 space per 250 square feet of gross floor area. There are currently 41 on site
parking spaces to serve the total 10,500 gross square feet of office, resulting in a deficit of
one parking space. Based upon current standards, off street parking requirements for the
uses proposed by this permit are as follows:
City of Newport Beach Parking Regulations.
General Office Use
Medical and Dental Office Use
County of Orange Parking Regulations:
General Office Use
Medical and Dental Office Use
1 per 250 square feet of net floor area
1 per 200 square feet of gross floor area
1 per 250 square feet of net floor area
1 per 150 square feet of gross floor area
Since the building was constructed with a parking ratio of 1 space per 250 square feet of
gross floor area, the use of 2,625 square feet for new medical/dental office use will
require the addition of 3 parking spaces. The project, as proposed, will provide the
additional 3 parking spaces and will also, as conditioned by this approval, reinstate the
lost 42nd parking space that was displaced by the trash enclosure.
Traffic Phasing Ordinance
The Traffic Phasing Ordinance requires that a traffic study be prepared for any project
generating over 300 trips. The maximum trip - generating use that would be approved
under this permit would be medical or dental office. The maximum amount of medical,
dental or service commercial retail that could theoretically be approved under this
permit would be an aggregate of 5,250 square feet. Trips generated by the proposed
project, based on the proposed mix, would not exceed the 300 trip threshold.
October 10, 2006
1:1USERSIPLN\SharedlPA's\PAs - 20061PA2006- 1931UP2006 -021 appr.doc
Page 9 of 10
jq
Findings for Use Permit Approval
The primary function of a use permit is to ensure that the proposed use is compatible
with surrounding land uses. Per section 20.91.035, the following findings must be made
for approval of a Use Permit:
1. The proposed location of the use is in accord with the objectives of this code
and purposes of the district in which the site is located.
• As stated above, the purpose of the PA zone is "to provide for the
development and maintenance of professional and administrative offices,
commercial uses, specific uses related to product development and light
industrial uses ". The medical /dental uses proposed under this permit are
permitted uses in the PA zone subject to approval of use permit.
2. The proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General
Plan and the purpose of the district in which the site is located; will not be
detrimental to the public health, safety, peace, morals, comfort, or welfare of
persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or
to the general welfare of the city.
• The addition of limited medical /dental office use proposed under this
permit will have no significant impact on the health, safety or general
welfare of persons residing or working in the district.
• The additional medical /dental office approved under this permit will be
subject to the review and approval of the Planning Department and the
Planning Director, where appropriate, to ensure that they will generate no
significant impacts on persons or property in the vicinity.
3. The proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it
would be located.
• As stated above, the uses approved under this permit satisfy all required
conditions for the zone in which they are located and will comply with all
provisions of the zoning code.
• The project as conditionally approved will comply with the parking
requirements of Chapter 20.66 of the Newport Beach Municipal Code by
providing the additional required parking spaces (3 additional spaces) and
returning the parking lot to its original 42 parking spaces).
October 10, 2006
I: \USERS \PLN \Shared \PA's \PAs - 2006 \PA2006- 193\UP2006 -021 appr.doc
Page 10 of 10
z6
EXHIBIT NO. 2
APPEAL APPLICATION AND
PREVIOUS CORRESPONSES
Z)
CITY OF NEWPORT BEACH
APPLICATION TO APPEAL DECISION OF THE ZONING ADMINISTRATOR
Project No. PA 2006 -193 Application No. —UP-2006:!M1
Name of Appellant SAH -PAC Phone (949) 645 -1717 (Rick Dayton)
Site Address 2372 S. Bristol Street. Unit 3
Date of Zoning Administrator's decision 10/10 20 06
Name of Applicant Dr. David F. Wilhelm DDS for
(Description of application filed with Zoning Administrator) maximum 2.750 SF of existing general office space to become
medical office use the remaining 7,881 SF to remain general office use
Reasons for Appeal PAC voted unanimousiv at the 1013106
Commission should the Pl) approve the proiect. PAC does
PAC meeting
not believe the
to appeal
OD adeguately
the Oggigilon of the PD to the Planning
considered the fad that the
is already a non-confdrmin-g mg4ilgal use at the Property (this
is not reflected
in the rytaximum
medical sguare footage
_ ore-existing
deficit
that the conversion to medical me will create more non4ocal
traffic thr=h
neighborhood
streals . that the Specific
Plan
' � r • • c i •._ . � •
- • i � tad
h2 . • r: - . . z r: r
and that medical and dental office use is not a planitt-ed
use in the PA DWaict
and that
the argument that this building
was cong—A&M before the SA14 Speeft Plan was adopted
§y the County
of Orange
and therefore not subiect
to the
%°g1r.
ire A e lent , , , — - -- Date
A Dayton, PAC Development Committee Chairman
Received by
FOR OFFICE USE ONLY
Fee received Date
Hearing Date An appeal shall be scheduled for a hearing before the Planning Commission within thirty (30)
days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date
(NBMC Sec. 20.95.050).
NOTE: Please submit:
• 11x17 set of plans —12. each
• One set of mailing labels (Avery 5960) for property owners within 300 ft. radius of subject property
APPEALS: Municipal Code Sec. 20.95.0408
Appeal Fee: $800.00 pursuant to City Council Resolution 2006.4.
11rTammut
R:IDEVCOM PROJECT REVIEWSIUP2006 -021 dentist of &WP2006.021 appeal.doc
Revised 07 -21-06 jcr Z'5
Date: 09/25/06
Javier Garcia, AICP
Senior Planner, City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA2 -4048
(949) 644 -3206 fax: (949) 644-3229
RE: CNB UP2006 -021 Dentist Office at 2372 S. Bristol Street, Unit 3
Dear Mr. Garcia
The PAC Development Subcommittee has reviewed the submittal package proposing a 2,750 SF dentist office
use. The submittal summary also indicates that the remaining 7,881 SF of existing office space will remain.
general office use only. The existing use permit, approved by the County of Orange, authorizes general office
use only and makes no provision for medical office use. The approval of this use permit by the Planning Director
will allow for medical office use not to exceed 2,750 SF.
PAC has the following concerns with this application:
1. If this use permit is approved, it will change the Specific Plan for the PA district to include medical uses.
The Specific Plan, as written, and as adopted by the City, makes clear distinction between "professional and
administrative office" use and "medical and dental office" use. These two types of uses are listed separately in
the permitted uses for the Business Park district. "Medical and dental office" use is not listed as a permitted
use for the PA district. Although the CNB Planning Dept. does not typically distinguish between these two types
of office uses, for projects in the SAH Specific Plan area this distinction is in the Zoning Code and needs to be
enforced. The difference in parking standards and traffic between these two types of uses also justifies the
distinction between professional and medical offices.
2. Since the approval of this use permit would be a change in the permitted uses for the PA district, the
committee believes that this application should be reviewed by the Planning Commission, not the Planning
Director (per Section 20.44.055.B.2). Given the information provided in this report, should the Planning Director
continue to process this application, PAC requests advice from the planning staff as to the appeal procedures
that are available.
3. Attachment'A' is a parking table the committee has prepared to determine if the parking requirement is
being met by this proposed project. From the table, the total required parking is 46 parking spaces, From the
submitted site plan, it appears that the applicant is modifying a walk area adjacent to the first row of parking and
re- striping several rows of existing parking to provide 45 parking spaces,. including (1) van handicapped and (1)
standard handicapped parking spaces. The proposed project appears to be short of compliance by (1) parking
space. Due to the small scale of the submitted site plan, it is not possible for the committee to determine if the
parking stalls indicated comply with CNB parking stall criteria. The committee assumes that this is the case, as
there is no indication in the submittal summary that the proposed parking stalls are non-compliant-
4. There is already an existing periodontist office at Suite 2372 -A: John B. Crispens, DDS. Apparently this
existing medical office use is operating without an approved use permit through the County. Since there already is
a non - compliant medical office use at this site, the maximum of 2,750 SF medical office use will be exceeded by
the proposed project. Furthermore, the parking deficit will be more than one (1) parking space. The committee
strongly recommends that this property provide the required parking for the existing and well as proposed medical
use.
5. The additional traffic that medical uses create will be an additional traffic burden to the adjacent
residential neighborhood. This property has a drive approach from Spruce Avenue. Because Bristol Street
is one -way eastbound, patrons of businesses at this property tend to drive through the residential neighborhood to
travel west, rather than driving east on Bristol, north on Jamboree, and west on Bristol north of the 73 freeway.
Additional medical use at this property will exacerbate the outside traffic problem through this residential
neighborhood.
For the reasons listed above, the PAC Development Subcommittee recommends denial of this use permit
application as submitted.
PAC DevCom Review
CNB UP2006 -021 Dentist Office at 2372 S. Bristol Street, #3
09/25/06
Page 2/2
Please note that the committee received the submittal package by e-mail on 9!18106. The report request date
indicated on the submittal was 9/21106. The committee needs more time than what was allotted by CNB staff to
review the project and write a review report.
Thank you for the opportunity to review this project. Please send PAC a copy of the final Administrative decision,
findings, and conditions for our records.
Sincerely,
Richard A. Dayton
PAC Development Committee Chairman
(949) 645 -1717 fax: (949) 645-4243
cc. PAC Development Committee members
Barbara Venezia, PAC Chairperson
Patricia Temple, Director of Planning, City of Newport Beach
Dave Kiff, City of Newport Beach Assistant City Manager
Mark Esslinger, County of Orange
Attachment'A'
Parking table
Use Area Parkino ratio Reg'd. Parking Parking to be Provide
Dentist Office 2707 SF* 5/1000 * ** 14 ** 13
General Office 7881 SF* 4/1000 * ** 32 32
Totals 10588 SF 46 45 **`
*This total is from the submittal summary. Since there is an existing medical use on the property that
is not accounted for in the summary, this total is incorrect.
* *Required parking is based on this medical use only. It does not account for the existing non - compliant
medical use.
** *Based on gross building square footage for both medical and general business uses.
*"Parking indicated on submitted Site Plan = 45 spaces. It does not appear to be possible to add additional
parking to the site.
ZS
Page 1 of 2
September 19, 2006
From: Greg Carroll 25 year resident of SAM & current Vice Chair SAH -RDA PAC
20101 Bayview ave. NB, CA 92560 (949) 852 -9517
Subject Comment and stated objection to the City of Newport Beach moving approval of Use Permit application
number UP2006 -021
To the Newport Beach Planning Department
There is a biuecard mailer notification I just received from the City a few days ago, which indicates a Use Permit
application requesting a use change is now in front of the NB City Planning Dept. Irs # is UP2006-021. The
application asks the City Planning to allow an alteration from the previous County use permit. City approval to do
so would allow up to 2,750 sq. ft. of medical office at 2372 Bristol Street, Unit 3. Its the building situated at the
'North' comer of Spruce and S. Bristol. The same notice language I got in the mail, is posted on a sign stuck in
the lawn landscaping that the 2372 address maintains along S. Bristol,
Quoting from the notice card. "The existing use permit, approved by the County of Orange, authorizes general
office use only and made no provision for medical office use." I can't help but stop prematurely here and
summarize my objection to any thought of application approval by saying the existing use permit currently in
force, is the way it is, for many good, necessary, and obvious reasons. Continuing to quote the notification.
"This approval will allow the establishment of the above - referenced use - by review and approval by the Planning
Director - up to the maximum square footage specified. The property is located in the SP -7 (Santa And Heights
Specific Plan Area) District." Excuse me, but I don't think it works this way.
And the following one - sentence paragraph quote from the bluecard mailer. "After reviewing this project, it has
been determined that it is categorically exempt under the requirements of the California Environmental Quality Act
under Class 1 (Existing Facilities) and Class 5 (Minor Alterations in Land Use Limitations)."
Which may be all well and good to some point. But I think there is yet a stiffer standard we have In place and at
work here, that judges whether this unfortunate application for a use change can fly or not. It seems to me that
certain binding directives concerning the Santa Ana Heights Specific Plan appear to have once again, not been
followed by the City of Newport Beach. And if the City thinks it is legal here, and proceeds to approve and
install this use change application and particularly so in this manner. Then I would urge and vote to speed up
bringing in the bulldozers into Santa Ana Heights, and let JWA proceed to devour the rest of City.
I don't know how many dentists are going to be working this tooth repair facility. But I'm sure there will more
than one or two daily trips generated here, It this use change is allowed to happen. That is to say, trip
numbers very much above what commercial or professional uses generate. The anticipated trip number needs to
be known, or I should say better understood for the Impact involved. However I'm guessing that if everyone Is
truthful in supplying such information, the actual daily patient run rate might be somewhere between unacceptable
and staggering. But please understand, I don't think it will take too many extra trip generations resulting, to make
this a bad deal for the affected nearby residents.
I suspect there may as well be problems with whether or not the 45 parking spaces currently serving the properiys
two buildings, each two- stories, would be considered adequate parking with a change allowing medical office
ability.
So that you can better understand a problem that exists today, and stands to get much worse with such
application approval. Many people living on Orchid, Zenith, and Orchard, are upset by the number of Business
Park1JWA people constantly going through the neighborhood after getting their Big Macs, El Polio, rental cars,
and everything else S. Bristol offers at lunch or any other time. Or drivethrus just plain lost, looking for some
business in the BP and come stumbling through us in a daze. I get some of those asking directions even on my
street, Bayview.
Keeping this in mind, are we going to be told that these dental patients either coming in, or leaving while still
buzzing on Novacalne or coming down from NO2 gas, will use nothing but S. Bristol to and from Spruce to
transport themselves? And even if, ONLY that direction could unbelievably be the reality. What does that
then do for SAH residents ability when they use Spruce to come in and go out? They would absolutely find the
experience severely degraded by the Increased number of cars attempting to do the same. Give me back my
Z�
Page 2 of 2
2,750 sq. It of office worker @ 2$72 S. Bristol. I'll suffer him or her three times a day rather than what I know
would come with this dentist office not 500 feet from my front porch.
Despite the aggravation we endure of traffic transiting through the East SAH community by those day - trippers
using Spruce off S. Bristol to access back to the Birch Street BP area. And realizing what those on Orchid and
the other effected streets have offered in past years, and at SAH RDA PAC meetings as solution to the
problem. I very much do not think I am alone in wanting Spruce to remain as it is now, a viable (and so far
relatively safe) street alternative for exiting and entering the East SAH community. It is an genuine asset. In
fact, the much larger majority of people in East SAH I believe think this way, and for many good reasons. And
reasons even those who want to shut off Spruce altogether, would I know acknowledge as sufficient to abandon
the idea of dosing it off.
In light of this and the explained current traffic situation, the Planning Dept. needs to understand that approving
this dentist medical office is a very bad idea. It does not belong at this particular location, and will do nothing but
exacerbate one of the many problems we have to continually deal with around here. Not to mention 'I have no
idea why it is coming through City Planning this way, or at all. The dentist and/or his representatives should have
been told upfront not to waste his money making the application.
From the actual mail notification delivery to the house, we have been given a stinking week and a half to submit
our'inpuf to the City Planning Director decision. (By the way, I assume now by what I have received, that the
Planning Commission in not in play or has been somehow dismissed in this process ?) Shut off past day) for our
comment period is Monday Sept. 25th. If, on or after the 26th as the mailer notification tells us, the City Planning
Director reviews and approves this particular Use Permit application, we then have a subsequent 14 day appeal
period to voice concern over such approval. But to add insult to injury, it will cost $600 cash money given over to
the City, if one does file protest during the 14 days? Words on this amount of bums rush fail me.
But something at least we here In SAH need to keep In mind, Is that this David F. Wilhelm D.D.S.
application may represent just the tip of the Iceberg in terms of future application to change permitted
use at, or near this location. Whars to stop other approvals of bad changeover use N this current
transgression is approved? That prospect of things to come is even more frightening.
Thank you for your consideration in this matter.
NEE',•;; - F�ENT.
cN
CtiT! ytr 19 2006 PM
Z1
EXHIBIT NO. 3
APPLICANT'S REBUTTAL LETTER
DATED OCTOBER 19, 2006
SAUNDERS + WANT ARCHITECTS
ARCHITECTURE PLANNING INTERIORS
10(19106
Ms. Roslyn Ung, Staff Planner
Planning Department
City of Newport Beach,
3300 Newport Blvd,
Newport Beach, CA. 92663
RE: Use Permit # 2006 -021
New dental office tenant improvement for David Wilhelm D.D.S.
2382 South Bristol Street, Newport Beach, CA. 92660
Dear Roslyn
Dr. Wilhelm and I request this letter stand as rebuttal to the objections stated in the Application
to Appeal Decision of the Zoning Administration, filed on behalf of SAH -PAC on 10/13/06. Our
contentions are as follows:
1. The statement regarding profession / administrative office versus medical / dental
offices, that ".... This distinction in the Zoning Code needs to be enforced" is a
request for a unilateral and inflexible decision, which negates the very purpose of
a Use Permit, which is to permit consideration of alternatives. Zoning codes are
not intended to be flat and inflexible.
2. Existing legally permitted uses (e.g. the Periodontist office cited) within this or
any other zone should not become the subject of retroactive review or conditions
on unrelated developments. This will set a dangerous precedent which may
endanger any new development, and put at risk all existing uses which may be
non - conforming due to recent zoning changes. Retroactive enforcement of this
type is a quagmire that will have serious legal ramifications for the City.
3. There already exist many medical offices in the area that bring value to the area,
as they are professional in nature. Traditionally dental offices. have been very
stable professional offices. and have served to stabilize and upgrade the area in
which they are located. _ the proposed new dental office would be the highest and
best use for the property. We contend that dental office use will actually reduce
the traffic in the neighborhood, in contrast with other potential uses for this suite.
4. Regarding objections to the Use Permit on the basis of additional traffic
generated, we would offer that the numbers are very small in the case of this
limited sized tenant space, and that visitors the site will enter via Bristol Street.
Those few, if any vehicles visiting Dr. Wilhelm and accessing the site via the
meandering route through the neighboring residential streets would be infinitely
negligible. If anything, they would probably be neighborhood residents
themselves as the route is abstruse to all but them.
5. We refute the statement that "If this use permit is approved, it will change the
Specific Plan for the PA district to include medical uses." We contend that a
precedent cannot be set in allowing the Use Permit to stand, since each
250 Newport Center Drive, Suite 304, Newport Beach, California 92660
Tel. 949 - 7210730 Fax 949 • 721 0767
www.architectsoc.com
3�
SAUNDERS + WANT ARCHITECTS
ARCHITECTURE PLANNING INTERIORS
development thus encumbered must be reviewed on a case by case basis by the
planning staff. Furthermore, upgraded parking requirements must be met, which
has been done in our case. Existing parking lots in the area are not generally as
expandable as exists on this particular site. There can be no further argument
relating to parking" deficiencies" on our lot and we take serious umbrage to the
continued use of this excuse.
In summary we would like to state that the Planning Director determined that our proposed
development, with the limitation on the mix of uses and requirement to conform to the Zoning
Code specified parking regulations, would not be detrimental to persons, property or
improvements in the neighborhood.
Additionally, we would like to restate the approval of the Planning Director, who declared that
the approval of the Planning Director's Use Permit will not, under the circumstances of this
case, be detrimental to the health, safety, peace, moral, comfort, and general welfare of the city
for the following reasons:
• Adequate on -site parking will be provided and available for the existing and proposed
mix of uses
• The proposed mix of administrative, professional office and medicalldental office uses
will not create an intensification of trip generation rates that requires a Traffic Phasing
Ordinance Analysis
• The approval of the Planning Director's Use Permit is consistent with the purpose and
intent of the Santa Ana Heights Specific Plan Area District as the proposed project is a
well planned out professional office use
• The purpose of the PA zone is to provide for the development and maintenance of
professional and administrative offices, commercial uses, specific uses related to
product development and light industrial uses. The medical /dental uses proposed under
this permit are permitted uses in the PA zone subject to approval of Use Permit
We suggest that based on the evidence contained in earlier letters of objection, the SAH -PAC's
problem is not really with this one small tenant improvement, but rather the overall commercial
picture along Bristol Street. Basically, some of these residential neighbors may object to
anything and everything which exists on their periphery. We would guess that anything placed
before them by the Planning Department-will and has been objected to, as a matter of course.
Thank you for your consideration in this matter.
Yours sincerely,
Niall F. Saunders AIA RIBA Lic. u c26955
250 Newport Center Drive, Suite 304, Newport Beach, California 92660
Tel. 949 • 721 0730 Fax 949 • 721 0767
www.architectsoc.com
3Z
EXHIBIT NO.4
COUNTY'S BUILDING RECORDS
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