The URL can be used to link to this page

Home My WebLink About04 - Annie Ko Acupuncture Minor Use Permit - PA2015-051 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT y PLANNING DIVISION u $ 100 Civic Center Drive, P.O.Box 1768,Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 c`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT July 16, 2015 Agenda Item No. 4 SUBJECT: Annie Ko Acupuncture MUP - (PA2015-051) 200 Newport Center Drive, Suite 203 • Minor Use Permit No. UP2015-014 APPLICANT: Yumui Ko OWNER: Eastlund Properties, LLC PLANNER: Benjamin M. Zdeba, AICP, Assistant Planner (949) 644-3253, bzdeba@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: OR (Office Regional Commercial) • General Plan: CO-R (Regional Commercial Office) PROJECT SUMMARY A minor use permit to establish an acupuncture and natural healing office (Personal Services, Restricted use). The tenant space is approximately 600 square feet in area and will include three treatment rooms, a consultation office, and a reception/waiting area. No tenant improvements are proposed as part of the project. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. ZA2015 approving Minor Use Permit No. UP2015-014 (Attachment No. ZA 1). DISCUSSION • The applicant proposes an acupuncture and natural healing office within a previously vacant tenant space (approximately 600 square feet) on the second floor of an existing two-story office building. Adjacent land uses predominantly 1 V� QP �P Annie Ko Acupuncture MUP Zoning Administrator, July 16, 2015 Page 2 include office, restaurants, and service uses to the south, west, and east and Fashion Island Shopping Center to the north. • The proposed operation will consist of three treatment rooms offering a combination of acupuncture and natural healing services from 9:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m., on Saturday. Staff recommends allowing the establishment to operate between 9:00 a.m. and 6:00 p.m., daily, to allow for flexibility in operation. • The subject property is located in the Office Regional Commercial (OR) Zoning District and designated Commercial Office Regional (CO-R) within the Land Use Element of the General Plan. These categories are intended to provide for administrative and professional offices that serve local and regional markets, with accessory limited retail, financial, service, and entertainment uses. Pursuant to Zoning Code Chapter 20.70 (Definitions), acupuncture and similar natural healing methods are classified as a Personal Services, Restricted land use which may be permitted within the OR Zoning District subject to the approval of a minor use permit. The proposed project is also intended to provide services that support the many office uses within the area. • The parking requirement for a Personal Services, Restricted is the same as the standard required of an office use (1 space per 250 square feet). Therefore, the proposed conversion of a vacant office space to an acupuncture and natural healing office does not result in an intensification of use and no additional parking is required. • Staff believes the project is compatible with existing and allowed uses within the office building and surrounding area, and findings for approval can be made. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves the conversion of a vacant office space to an acupuncture and natural healing office and does not involve any alterations to the existing floor plan. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal TmpIt:04-17-14 Annie Ko Acupuncture MUP Zoning Administrator, July 16, 2015 Page 3 Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: 4Arpin . deba, AICP sistant nner GRlbmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description ZA 4 Project Plans TmpIt:04-17-14 J Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2015- A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-014 FOR AN ACUPUNCTURE AND NATURAL HEALING OFFICE (PERSONAL SERVICES, RESTRICTED USE) LOCATED AT 200 NEWPORT CENTER DRIVE, SUITE 203 (PA2015-051) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Yumui Ko, with respect to property located at 200 Newport Center Drive, Suite 203, and legally described as Parcel 3, in the City of Newport Beach, County of Orange, State of California, as shown on that certain Lot Line Adjustment No. 94-16, recorded February 2, 1995, as Instrument No. 95-0046155, Official Records, requesting approval of a minor use permit. 2. The applicant proposes to establish an acupuncture and natural healing office (Personal Services, Restricted use). The tenant space is approximately 600 square feet in area and will include three treatment rooms, a consultation office, and a reception/waiting area. No tenant improvements are proposed as part of the project. 3. The subject property is located within the Office Regional Commercial (OR) Zoning District and the General Plan Land Use Element category is Regional Commercial Office (CO-R). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 16, 2015, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301 , Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. This Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves the conversion of a vacant office space to an acupuncture and natural healing office and does not involve any alterations to the existing floor plan. Zoning Administrator Resolution No. ZA2015- Page 2 of 6 SECTION 3. REQUIRED FINDINGS. 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 property is designated Commercial Office Regional (CO-R) within the Land Use Element of the General Plan which is intended to provide for administrative and professional offices that serve local and regional markets, with accessory limited retail, financial, service, and entertainment uses. 2. The proposed acupuncture and natural healing office is consistent with the CO-R designation as it will provide a service that will support the many office uses within the area. 3. The property is not located in a specific plan area. 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. The property is located within the Office Regional Commercial (OR) Zoning District which is intended to provide for areas appropriate for administrative and professional offices that serve local and regional markets, with accessory limited retail, financial, service, and entertainment uses. 2. The use of the tenant space will be for an acupuncture and natural healing office. Pursuant to Zoning Code Chapter 20.70 (Definitions), acupuncture and similar natural healing methods are classified as a Personal Services, Restricted land use which may be permitted within the OR Zoning District subject to the approval of a minor use permit. 3. The parking requirement for a Personal Services, Restricted use is the same as the standard required of an office use (1 space per 250 square feet). Therefore, the proposed conversion of a vacant office space to an acupuncture and natural healing office does not result in an intensification of use and no additional parking is required. 03-03-2015 g Zoning Administrator Resolution No. ZA2015- Page 3 of 6 4. As conditioned, the proposed use will comply with all other applicable provisions of the Zoning Code and Municipal Code. 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 proposed use will occupy an approximately 600-square-foot tenant space on the second floor of an existing two-story office building. The operation will consist of three (3) treatment rooms offering a combination of acupuncture and natural healing services. 2. The project site and surrounding area consist of a mixture of nonresidential uses including office, auto services, personal services general, retail, and eating and drinking establishments which serve residents and visitors to the City of Newport Beach. The proposed acupuncture and natural healing office will provide a service that supports the various office uses within the area. 3. The proposed use will not require the provision of additional parking onsite. 4. As conditioned, the allowed hours of operation are 9:00 a.m. to 6:00 p.m., daily, limiting any potential late night/early morning land use conflicts with nearby properties. 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 existing two-story office building and surface parking lot were constructed in 1974 and have since demonstrated that the current configuration with access taken from Anacapa Drive is physically suitable to accommodate multiple uses. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on the property and the proposed day spa will not change this. 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. 03-03-2015 9 Zoning Administrator Resolution No. ZA2015- Page 4of6 Facts in Support of Finding: 1. The use is intended to serve employees of the surrounding commercial center as well as residents and visitors to the City of Newport Beach. 2. The use has been conditioned with hours of operation and a limitation on the number of employees that will help minimize any potential detriment to the area. 3. As conditioned the applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-014, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JULY, 2015. 03-03-2015 20 Zoning Administrator Resolution No. ZA2015- Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. The development 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. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 04kh,— I%L 5. The hours of operation shall be limited to between 9:00 a.m. and 6:00 p.m., daily. 6. This approval does not authorize the operation of a massage establishment as defined by Chapter 20.70 (Definitions) of the Zoning Code. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and may require an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. 8. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 9. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 10. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly 03-03-2015 22 Zoning Administrator Resolution No. ZA2015- Page 6 of 6 or indirectly) to City's approval of the Annie Ko Acupuncture MUP including, but not limited to, the Minor Use Permit No. UP2015-014 (PA2015-051). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 11. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. Any construction plans must meet all applicable State Disabilities Access requirements. 03-03-2015 Attachment No. ZA 2 Vicinity Map 13 V� QP �P 2� Opo 3 ` (Fp cG NE TeI Arm, nan Spac 200 a y r N o P� Ot' CHIC CENTER DR P CParkr � I I Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to �N 'rogr any results obtained in its use. ° m 0 223 447 _ Imagery: 2009-2013 photos provided by Eagle Feet Imaging www.eagieaerial.com 6/29/2015 15 V� QP �P 2� Attachment No. ZA 3 Applicant's Project Description 17 V� QP �P sg 200 Newport Center Drive, Suite 203, Newport Beach CA 92660 Annie ko Acupuncture & Herbal Medical Center Phone: (949)644-6644 200 Newport Center Drive, Suite 203,Newport Beach CA 92660 this place for Annie Ko acupuncture & Herbal Medical Center for acupuncture clinic. This place use to acupuncture. This place is a 30'.10" x 18'.10" of plans. 200 Newport Center Drive,Newport Beach this building in this area over 20 years. In this building have Dentist, Psychology, Physical Therapy. Optometrist. Ophthalmology. Many medical center building around 200 Newport Center Drive this area. Bus station near this building, around the building the entire parcel provides 617 free it's attached parking stalls. This is a three floor building, where this building have an elevator doors that represented the utility company tenants and two exit stairs. Our acupuncture clinic in second floor. Our neighbor have Dentist, Psychology, Physical Therapy. Optometrist. Ophthalmology. We have a nice and very clear, quiet, spacious place. This is place before for Psychology. The place have six room. Waiting Room,Reception, Doctor Office. Three Treatment Room, Sink, storage. This place have an Internist Doctor MD, Two Acupuncture doctor, a reception working in this place. Our acupuncturist hold America acupuncture Doctor Degree,Ph.D degree and China. Our acupuncture doctors and "master healers" from China with over 20 years of rich experiences to treat different conditions, offer acupuncture and Chinese herbs for a broad range of health conditions, the doctors in this clinic are licensed the California Acupuncture Board. Our patient almost by appointment. Our hours of operation: Monday—Friday: 9am- 6pm. Saturday: 9am- 1pm. Our clinic services have Acupuncture, Electro-acupuncture, Acupressure, Reflexology,Ear acupuncture with seeds. Cupping therapy, Moxibustion, Chinese herbal, Tui Na. All Medical insurance, worker's comp and auto injury we accepted. Our general trash that is in the common area managed by the association. 19 For medical trash that put the have signs "biohazard"the box. This box by Medical Action Industries INC. We have two employees and one employer Yumui Ko La,c Ph.D, OMD Acupuncturist employer Monday—Friday: 9am—6pm Saturday: 9am- 1pm Jui Lien Chen La,c Ms Acupuncturist employee (part time) Wednesday: 9am- 5pm Stephenie O Lucio reception(Right now part time) Monday, Tuesday, Wednesday: 9am—5pm ALIJA ALI MD Internist Doctor share office Tuesday: 9.30am— 1pm Thursday: 2pm- 6pm. 20 Attachment No. ZA 4 Project Plans 21 V� QP �P PA2015-051 +�P , Attachment No. ZA 4 - Project Plans I a i C ,A _......,.... A II B. D Patient waiting room. . 1�v octoroffice: Patient Consultation. t �ry C,D,E: Treatment room: acupuncture, acupressure II F: Reception. rrysM � /t I lit ' r I �N came �rwaua