HomeMy WebLinkAbout2006-101 - 2382 Bristol Street Approval of Permit 2006-021RESOLUTION NO. 2006-101
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH UPHOLDING AND AFFIRMING THE
DECISION OF THE PLANNING DIRECTOR'S APPROVAL OF
USE PERMIT NO. 2006-021 FOR PROPERTY LOCATED AT 2382
BRISTOL STREET (PA2006 -193)
WHEREAS, an application was filed by David F. Wilhelm, D.D.S. for
property identified as 2382 Bristol Street, and legally described as Undivided %
interest of Parcel 1, per Map Book 155 Page 9 and Unit 3 Condominium of Parcel
2. The application requests the approval of a Use Permit to convert 2,625 square
feet office area to medical office use. within an existing 10,500 square feet office
building complex; and
WHEREAS, 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; and
WHEREAS, on October 13, 2006, an appeal was filed by the Santa.
Heights - Project Advisory Committee; and
WHEREAS, on November 2, 2006, the Planning Commission held a
noticed public hearing in the City Hall Council Chambers, 3300 Newport
Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was given in accordance with law. Testimony was presented
to, and considered by, the Planning Commission at the hearing. With a vote of:6,
ayes, the Planning Commission upheld the appeal and denied the Use Permit
application; and
WHEREAS, on November 14, 2006, the City Council appealed the: matter.
for review and consideration; and
WHEREAS, on November 28, 2006, the City Council held a noticed public
hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport
Beach, California. A notice of time, place and purpose of the aforesaid meeting was
given in accordance with law and.. testimony was presented to and considered by
the City Council at the hearing; and
NOW THEREFORE CITY COUNCIL FINDS AS FOLLOWS:
1. The property has a General Plan designation of General Commercial
Office (CO -G) 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 is currently occupied by a
professional office on the. second floor and a dental office on the first. floor.
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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; and
2. The proposed dental office would not be detrimental to persons, property or
improvements in the neighborhood and that the approval would be
consistent with the legislative intent of Title 20 of the Newport Beach
Municipal Code based on the following:
A. A total of 45 on -site parking spaces will be provided and available
for the proposed medical office and the existing uses located on the
subject property. 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 (3142). 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, Nonconforming
Parking of the Municipal Code.
B. The proposed combination of administrative, professional office and
medical /dental office uses at the subject property will not create an
intensification of trip - generation rates that requires a Traffic
Phasing Ordinance Analysis.
C. The proposed project is a professional office use and medical
offices are included in this designation.
D. The office complex and residential traffic are separated to the
maximum extent possible, since the vehicular access is on Spruce
Avenue. Additionally, 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.
E. The proposal to establish a combination of medical /dental office
with the existing administrative and. professional office uses does
not alter or diminish the overall aesthetic character of the
community.
3. The project 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).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Newport Beach hereby reverses the Planning Commission denial of the Use
Permit application and upholds. and affirms the Planning Director's approval of
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Use Permit No. 2006 -021, subject to the conditions of approvals listed in Exhibit
„A.
This resolution shall take effect immediately upon adoption. Passed and adopted by
the City Council of Newport Beach at a regular meeting held on the November 28,
2006 by the following vote to wit:
AYES, COUNCIL MEMBERS Selich Rosansky,, Ridgeway,
Daigle, Nichols-, Mayor Webb
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL
. -
.:
CITY CLERK
Page 4 of 5
Exhibit "A"
CONDITIONS OF APPROVAL
Use Permit No. 2006 -021
The development and mixture of permitted uses shall be in substantial
conformance with the approved site plan and floor plan dated October 23,
2006.
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 medical/dental 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 legal nonconforming dental office
in the ground floor of 2372 Bristol Street).
4. All applicable parking requirements of Chapter 20.66 of the Newport Beach
Municipal Code shall apply and shall be enforced.
5. The parking lot shall be re- striped to provide a total of 45 parking spaces to
serve the entire property. 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.
6. Employees shall park on -site at all times.
7. 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..
8. 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.
9. 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
10. The project shall comply with State Disabled Access requirements.
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11. 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.
12. 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.
13. The proposed dental office shall be limited to the operation of one dentist (at
any given time), two (2) hygienists and support staff.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, .City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number .of members of the .City Council is seven; that the foregoing
resolution, being Resolution No. 2006 -101 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
28th day of November 2006, and that the same was so passed and adopted by the following vote, to
wit:
.... Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: Curry
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of November 2006.
(Seal)
City Clerk
Newport Beach, California