HomeMy WebLinkAbout02 - Back To Basics Minor Use Permit_PA2016-060 - PA2016-060 COMMUNITY DEVELOPMENT DEPARTMENT
VPLANNING DIVISION
low 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
cq�iFOw�avP 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 30, 2016
Agenda Item No. 2
SUBJECT: Back To Basics Minor Use Permit (PA2016-060)
20311 Birch Street, Suite 150
• Minor Use Permit No. UP2016-014
APPLICANT: Back To Basics Health and Wellness
OWNER: Aliece Pickett
PLANNER: Chelsea Crager, Assistant Planner
(949) 644-3227, ccrager@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: SP-7 (Santa Ana Heights Specific Plan)
• General Plan: CO-G (General Commercial Office)
PROJECT SUMMARY
A request for a minor use permit to allow the operation of massage services as an
accessory use to an existing chiropractic office in a 3,068 square-foot suite on the first
floor of an existing multi-tenant commercial building. The tenant space is improved with
three chiropractic rooms, two massage rooms, an exam room, acupuncture room, a
nutrition room, an office, a kitchenette, restrooms, and a reception area. Use Permit
UP2012-019 was approved in 2012 allowing 14,150 square feet at the subject property,
including the subject suite, to be allocated for medical use. The application also includes
a request to waive location restrictions associated with massage establishments.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2016-014 (Attachment No. ZA 1).
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Back to Basics Minor Use Permit
Zoning Administrator, June 30, 2016
Page 2
DISCUSSION
• The applicant proposes to legalize existing massage services in conjunction with
an existing chiropractic office. The office is located on the first floor of 20311
Birch Street, one of five buildings that make up the Birch Heights office complex.
The tenant space is 3,068 square feet with two rooms devoted to massage
services. In 2012, the Zoning Administrator approved 14,150 square feet at
20321, 20311, 20301, 20281, and 20271 Birch Street, including the subject suite,
to be allowed for medical office use with Use Permit No. UP2012-019
(Attachment No. ZA 3).
• Existing uses in the building include general offices and medical offices. Adjacent
properties contain similar nonresidential professional and medical uses. The
proposed use is considered accessory massage services per Zoning Code
Section 20.70.020 (Definitions of Specialized Terms and Phrases) because the
use is not more than twenty-five (25) percent of the floor area of the chiropractic
office, and is consistent with existing and permitted uses in the area.
• The operation consists of two massage therapy rooms, three chiropractic rooms,
an exam room, an acupuncture room, a nutrition room, an office, a kitchenette,
restrooms, and a reception area. The hours of operation are Mondays,
Wednesdays, and Fridays 9:00 a.m. to 6:30 p.m., Tuesdays 10:00 a.m. to 6:30
p.m., Thursdays 10:00 a.m. to 1:00 p.m., and Saturdays 9:00 a.m. to 1:00 p.m.
Staff recommends allowing the establishment to operate between 8:00 a.m. and
9:00 p.m. daily to allow for flexibility in operation. A maximum of six employees,
including doctors, therapists, and administration, will be onsite at one time.
• The subject property is located in the Business Park area of the Santa Ana
Heights Specific Plan (SP-7, BP) Zoning District and is designated General
Commercial Office (CO-G) in the Land Use Element of the General Plan. The
intent of these designations is to provide for administrative and professional
offices, medical offices, commercial uses, specific uses related to product
development, and limited light industrial use. Pursuant to Section 20.90.120
(Business Park District: SP-7) of the Zoning Code, service uses are permitted at
the subject property with approval of a minor use permit. The massage services
proposed within the chiropractic office are consistent with this zoning
designation.
• The establishment is not located within 500 feet of a public or private school,
park or playground, civic center, cultural site, or religious institution. However,
massage services have been approved through Minor Use Permit No. UP2015-
028 at 20301 Acacia Street, located approximately 360 feet northwest of the
subject property. Zoning Code Section 20.48.120 (Massage Establishments and
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Back to Basics Minor Use Permit
Zoning Administrator, June 30, 2016
Page 3
Services) requires a minimum 500-foot separation between massage
establishments unless the use permit review authority waives this requirement.
Therefore, the application includes a request to waive this location restriction.
• The massage services located at 20301 Acacia Street are accessory to a health
and wellness center. Because the two massage uses are accessory to medical
office uses and therefore small in nature, a waiver of the 500-foot separation
requirement will not be contrary to public interest.
• Pursuant to the Zoning Code, the City may establish the parking requirement for
a massage establishment through the use permit process. The applicant has
proposed massage services in two rooms, with the rest of the tenant space
functioning as a chiropractic office. Because the massage use is integrated into
the medical office, the medical office parking rate (1 space per 200 square feet of
gross floor area) approved for the suite in 2012 is appropriate.
• The applicant is required to obtain an Operator License from the Newport Beach
Police Department in compliance with Chapter 5.50 (Massage Establishments) of
the Newport Beach Municipal Code.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment. This exemption authorizes minor alterations to existing
structures involving negligible or no expansion of use. The proposed project involves the
establishment of massage services and does not result in an intensification of use,
parking, or expansion of floor area.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways), including the applicant, and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review 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.
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Back to Basics Minor Use Permit
Zoning Administrator, June 30, 2016
Page 4
Prepared by:
FAL
Chelsea Crager, As� tant Planner
GBR/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Use Permit No. UP2012-019
ZA 4 Applicant's Project Description
ZA 5 Project Plans
4
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-014 FOR MASSAGE SERVICES IN CONJUNCTION
WITH AN EXISTING CHIROPRACTIC OFFICE LOCATED AT
20311 BIRCH STREET SUITE 150 (PA2016-060)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Back to Basics Health and Wellness, with respect to property
located at 20311 Birch Street, Suite 150, and legally described as Parcel 1 of Parcel Map
89-341, as recorded in Book 268, Page 37, requesting approval of a minor use permit.
2. The applicant proposes a minor use permit to allow the operation of massage services
as an accessory use to an existing chiropractic office in a 3,068 square-foot suite on
the first floor of an existing multi-tenant commercial building. The tenant space is
improved with three chiropractic rooms, two massage rooms, an exam room, an
acupuncture room, a nutrition room, an office, a kitchenette, restrooms, and a
reception area. Use Permit UP2012-019 was approved in 2012 allowing 14,150
square feet at the subject property, including the subject suite, to be allocated for
medical use. The application also includes a request to waive location restrictions
associated with massage establishments.
3. The subject property is located in the Business Park area of the Santa Ana Heights
Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is
General Commercial Office (CO-G).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on June 30, 2016, 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) of the Guidelines for CEQA.
2. The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the allowance of
Zoning Administrator Resolution No. ZA2016-###
Page 2 of 9
massage services and does not result in an intensification of use, parking, or
expansion in floor area.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits —
Findings and Decision) 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 General Commercial Office (CO-G) in the Land Use
Element of the General Plan. This designation is intended to provide for administrative,
professional, and medical offices with limited accessory retail and service uses.
2. The proposed massage service is accessory to the existing chiropractic office and is
therefore consistent with the CO-G land use designation.
3. The site is located in the Santa Ana Heights Specific Plan District within the Business
Park area (SP-7, BP). Service uses are allowed within this area with approval of a
minor use permit.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. Service uses are allowed within the Business Park area of the Santa Ana Heights
Specific Plan District (SP-7, BP) with approval of a minor use permit.
2. In 2012, Use Permit UP2012-019 was approved to allow 14,150-gross-square-feet of
medical office uses within the 45,750-net-square-foot office condominium complex.
The proposed minor use permit would allow accessory massage services in
conjunction with an existing chiropractic office located within a suite approved for
medical office uses.
3. The proposed massage use is consistent with the legislative intent of Section
20.48.120 (Massage Establishments and Services) and Chapter 5.50 (Massage
Establishments) of the Municipal Code. These sections provide standards for the
establishment, location, and operation of massage establishments. The intent is to
promote the operation of legitimate massage services and to prevent problems of
03-03-2015
Zoning Administrator Resolution No. ZA2016-###
Page 3 of 9
blight and deterioration that may accompany and result from large numbers of
massage establishments.
4. The massage establishment is not located within 500 feet of a public or private school,
park, playground, civic center, cultural site, or religious institution.
5. Pursuant to the Zoning Code, the City may establish the parking requirement for a
massage use through the use permit process. The proposed massage use is
accessory and integrated into the existing chiropractic office and does not intensify the
use. Therefore, it is sufficiently parked at the medical office parking rate approved for
the suite with Use Permit UP2012-019 (PA2012-112).
6. 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 applicant proposes massage services as an accessory use to an existing
chiropractic office on the first floor of multi-tenant commercial building within an office
complex.
2. Existing uses in the building include general offices and medical offices. Adjacent land
uses include similar nonresidential uses. The proposed massage services will provide
a service that is complementary to the existing permitted chiropractic office.
3. The nearest residential uses are located across Birch Street. These properties are
also located within the Business Park area of the Santa Ana Heights Specific Plan.
Massage services as an accessory use to an existing chiropractic office will not
intensify or have any negative impacts on the nearby residential uses.
4. The proposed operation will consist of two massage rooms, accessory and integrated
into a chiropractic office. A maximum of six employees will be on-site at one time.
5. As conditioned, the hours of operation are 8:00 a.m. to 9:00 p.m. daily and should
minimize any potential late night/early morning land use conflicts with nearby
properties, including residential uses across Birch Street.
6. The proposed massage use will not result in an intensification of use because it is
accessory to the existing chiropractic office. Therefore, no additional parking is
required.
Finding:
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D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The property is an office complex consisting of five two-story buildings constructed in a
U-shape around an open area facing Birch Street. The floors of the buildings (10) are
individually owned office-condominiums. Each floor consists of approximately 4,575
net square feet of floor area (total 45,750 net square feet). Pursuant to Use Permit
UP2012-019 (PA2012-112), 14,150 square feet is permitted to operate as a medical
office use.
2. Parking is provided within shared parking areas below each building and within the
open area of the site facing Birch Street.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property.
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 establishment has been conditioned with hours of operation that will minimize any
potential detriment to the area, including the residential uses across Birch Street.
2. The existing multi-tenant building is not located in an area with problems of blight and
deterioration.
3. The Building and Code Enforcement Divisions and the Fire and Police Departments
have reviewed the proposal. Recommended conditions of approval have been
included to limit any detriment to the City or general welfare of person's residing or
working in the surrounding neighborhood.
In accordance with Section 20.48.120.B (Massage Establishments and Services — Waiver of
Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts
in support of the findings are set forth:
Finding:
F. The proposed use will not be contrary to public interest or injurious to nearby
properties, and that the spirit and intent of this section will be observed.
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Zoning Administrator Resolution No. ZA2016-###
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Facts in Support of Finding:
1. The intent of this section is to promote the operation of legitimate massage services
and to prevent problems of blight and deterioration that can accompany large numbers
of massage establishments that may act as fronts for prostitution and other illegal
activity.
2. Although the subject property is located within 500 feet of another property approved
to offer massage services (20301 Acacia Street, Suite 250 — chiropractic and wellness
center), both establishments offer massage as a an accessory and integrated use.
3. Massage is a common accessory use to a chiropractic office and is included in the
Scope of Chiropractic Practice in Article 1, Section 302 of the State of California Board
of Chiropractic Examiners Rules and Regulations.
4. The business at 20301 Acacia Street operates pursuant to Use Permit No. UP2015-
028, which operates as a health and wellness center with ancillary massage services.
The two massage services will not be contrary to public interest. Both require an
Operator Permits from the Newport Beach Police Department and must comply with
conditions of approval.
Finding:
G. The proposed use will not enlarge or encourage the development of an urban blight
area.
Facts in Support of Finding:
1. The chiropractic office is located in a well maintained office complex. The property is
not located in a blighted area.
Finding:
H. The proposed use will not adversely affect a religious institution, school, park, or
playground.
Facts in Support of Finding:
1. There are not religious institutions, schools, parks, or playgrounds within 500 feet of
the subject property, therefore the proposed use will not have any adverse effects on
these uses.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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Zoning Administrator Resolution No. ZA2016-###
Page 6 of 9
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-014, 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 fourteen (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 30th DAY OF JUNE, 2016.
BY:
Patrick J. Alford, Zoning Administrator
03-03-2015
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Zoning Administrator Resolution No. ZA2016-###
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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 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 Minor Use
Permit.
3. The 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.
4. Any change in operational characteristics, expansion in area, or other modification to the
approved plans may require an amendment to this Minor Use Permit or the processing of
a new permit.
5. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. daily.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. A copy of the Resolution, including conditions of approval (Exhibit "A") shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
8. A maximum of six employees for the medical office and accessory massage use
combined shall be onsite at any one time.
9. A maximum of two rooms shall be used for massage therapy.
10. An independent massage business is not permitted unless an amendment to this Minor
Use Permit or a new Use Permit is first approved.
11. Any therapists/technicians working as independent contractors shall obtain their own City
of Newport Beach business license.
12. A valid business license from the City of Newport Beach with sellers permit shall be
required. Any contractors/subcontractors doing work at the subject site shall be required
to obtain a valid business license from the City of Newport Beach prior to the
commencement of any work on the subject site.
03-03-2015
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Zoning Administrator Resolution No. ZA2016-###
Page 8 of 9
13. The applicant shall adhere to all provisions set forth in AB1147 and Business and
Professions Code Chapter 10.5 (Massage Therapy Act), relating to operating a massage
establishment.
14. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department, including any existing improvements that were constructed without
the benefit of building permits. 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.
15. 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 property owner or the leasing agent.
16. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, 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 Federal holidays.
17. This approval shall expire and become void unless exercised within twenty-four (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.
18. 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
or indirectly) to City's approval of the Back to Basics Minor Use Permit including, but not
limited to, Minor Use Permit No. UP2016-014 (PA2016-060). 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.
Police Department
19. The operator must apply for, obtain, and maintain an Operator Permit in good standing
with the Newport Beach Police Department.
20. All employees of the applicant business who conduct massage on or off premises
must be certified by the CAMTC.
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Zoning Administrator Resolution No. ZA2016-###
Page 9 of 9
Code Enforcement Division
21 . Provide employee's names, contact information and list of state certifications. Current
list shall be kept onsite at all times and available upon request by City officials for
inspection.
22. All windows shall remain visible and transparent in nature. Window signage shall
comply with Newport Beach Municipal Code.
23. The facility shall be maintained in a safe and sanitary condition.
24. No deliveries or supporting services shall occur outside the hours of 8:00 a.m. to 9:00
p.m. daily.
25. Violations of the Penal Code may invoke revocation of this permit.
03-03-2015
1-4
Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
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Minor Use Permit No. UP2016-014
PA2016-060
20311 Birch Street, Suite 150
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Attachment No. ZA 3
Use Permit No. UP2012-019
2�
v,Ewpo�r COMMUNITY DEVELOPMENT DEPARTMENT
04 �� PLANNING DIVISION
3300 Newport Boulevard,Building C, Newport Beach, CA 92663
u (949)644-3200 Fax: (949) 644-3229
ogLlFOR�lP www.newportbeachca.gov
October 25, 2012
Aliece Pickett
33322 Mesa Vista Drive
Dana Point, CA 92629
Re: Minor Use Permit No. UP2012-019 (PA2012-112)
20311 SW Birch Street
Birch Heights Professional Condominiums Minor Use Permit
Dear Ms. Pickett,
It was a pleasure working with you on the Birch Heights Professional
Condominiums Minor Use Permit. Please find attached the approved resolution for
your project. If you have any questions, please do not hesitate to contact me
directly. Thank you and I look forward to working with you again in the future.
Sincerely,
Kay Si s
Assistant Planner
GR/ks
cc:
Peter Brandow: President of the
Birch Heights Professional
Condominium Association
20301 Birch Street, Suite 100
Newport Beach, CA 92660
Tmplt:12114/11
Zg
RESOLUTION NO. ZA2012-038
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012-019 TO REPLACE UP2005-024 (PA2005-111) TO
INCREASE THE SQUARE FOOTAGE ALLOWED FOR MEDICAL
OFFICE USE FROM 5,000 SQUARE FEET TO 14,150 SQUARE
FEET WITHIN THE EXISTING FIVE-BUILDING, OFFICE-
CONDOMINIUM DEVELOPMENT LOCATED AT 20321, 20311,
20301, 20281, AND 20271 SW BIRCH STREET. PARKING
PROVIDED WILL BE CONSISTENT WITH ZONING CODE
REQUIREMENTS. (PA2012-112)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Aliece Pickett, with respect to property located at 20311 SW
Birch Street, and legally described as Parcel 1 of Parcel Map 89-341, as recorded in
Book 268, Page 37 requesting approval of a Minor Use Permit.
2. The property is an office complex consisting of five, two-story buildings constructed in
a "U-shape" around an open area facing Birch Street. The floors of the buildings (10)
are individually owned office-condominiums. Each floor consists of approximately
4,575-net-square-feet of floor area (total 45,750 net square feet). Pursuant to Use
Permit No. UP2005-024 (PA2005-111), approved in 2005, the second floor of the
property located at 20311 SW Birch Street (5,000 gross square feet) is currently used
for medical office use. The remaining office-condominiums are currently general office
uses. Parking is provided within shared parking areas below each building and within
the open area of the "U-shape" facing Birch Street. There are currently 189 parking
spaces existing on the site.
3. The applicant proposes a Minor Use Permit to amend UP2005-024 (PA2005-111) to
increase the square footage allowed for medical office use from 5,000 square feet to
14,150 square feet within the existing five building, office-condominium complex.
Parking provided will be consistent with Zoning Code requirements.
4. Pursuant to Section 20.40.05, Table 3-10: Off-Street Parking Requirements of the
Zoning Code, the additional 9,150-net-square-feet of floor area requested is equal to
20 percent of the net square footage of floor area of the five building, office-
condominium complex that may be used for medical office use.
5. Of this total, 4,575-net-square-feet of floor area would be allocated to the first floor
office-condominium located at 20311 SW Birch Street. The remaining 4,575-net-
square-feet of floor area would be allowed within any of the office-condominiums
located in the office complex. All parking will be provided on-site consistent with the
requirements of Zoning Code.
29
Zoning Administrator Resolution No. ZA2012-038
Page 2 of 7
6. The subject property is located within the Santa Ana Heights Specific Plan, Business
Park (SP-7, BP) Zoning District and the General Plan Land Use Element category is
General Commercial Office (CO-G).
7. The subject property is not located within the coastal zone.
8. A public hearing was held on October 24, 2012 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. 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 Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
1. The subject project qualifies for Class 1 (Existing Facilities) categorical exemption,
Section 15301 of the California Environmental Quality Act.
2. The project would allow a minor change in use from general office use to medical
office use within an existing, office-condominium development. The change could
involve issuance of building permits for interior tenant improvements requiring minimal
construction.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020F 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 office-condominium complex has a General Plan land use designation of General
Office Commercial (CO-G) which is intended to provide for administrative,
professional, and medical offices with limited accessory retail and service use. The
change of use from general office to medical office use is consistent with this
designation.
2. The site is located in the Santa Ana Heights Specific Plan District within the Business
Park area (SP-7, BP). Medical office uses are allowed within this area with approval
of a minor use permit.
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.
Tmplt:05/16/2012
Zoning Administrator Resolution No. ZA2012-038
Page 3 of 7
Facts in Support of Finding:
1. Medical office uses are allowed within the Business Park area of the Santa Ana
Heights Special Plan District (SP-7, BP) with approval of a minor use permit.
2. In 2005, Use Permit UP2005-024 was approved to allow 5,000-gross-square-feet of
medical office uses within the 45,750-net-square-foot, office-condominium complex.
The proposed minor use permit would allow an additional 20 percent (9,150 net
square feet) to be used for medical office purposes.
3. Parking for the five building, office-condominium development is provided within
shared parking areas on the site. The existing lots provide 189 parking spaces, which
is adequate to accommodate the additional medical office use square footage
requested.
USE FLOOR AREA PARKING SPACES
Per Zoning Code: 1 st 50,000 net sf:
20% medical office (applicant's request) 9 150 net sf
+general office + 31,600 net sf
40,750 net sf 163 1/250 net sf
Medical office over 20% + 5,000 gross sf + 25 (1/200 gross sf)
UP2005-024
TOTAL 188 required (189 existing)
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 subject site is located in the Business Park (BP) area of the Santa Ana Heights
Specific Plan District (SP-7) between Birch and Acacia Streets. Medical office uses are
allowed in this area with approval of a minor use permit. Development on the subject
site and surrounding properties consist of office buildings developed for various office
uses.
2. The additional square footage of medical office use is similar in operation to those
permitted with approval of UP2005-024 and currently existing on the site. The design
of the buildings and site provides adequate access and parking spaces to
accommodate the increase to the medical office use square footage.
Tmplt:05/16/2012
21
Zoning Administrator Resolution No. ZA2012-038
Page 4 of 7
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 subject site is located between Birch and Acacia Streets in the Business Park
area of the Santa Ana Heights Specific Plan District. The surrounding area consists of
properties developed for various office uses.
2. The site consists of five, two-story buildings developed as office-condominiums. The
buildings are constructed on the site in a "U-shape" with the opening in the "U" facing
Birch Street. Parking spaces are located below each building and also within the
opening of the "U". Adequate parking and access to accommodate the additional
square footage for medical office uses is provided.
3. Tenant improvements to the existing general office space will require a building permit.
All Fire and Building Code regulations will be verified during the plan check process.
4. There is adequate access to development on the site for fire and medical emergency
vehicles.
Finding:
E. The 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.
1. The increase in the square footage of medical office uses proposed fits well with the
existing medical and general office uses on the site and in the surrounding vicinity.
2. There is adequate parking existing on the site to accommodate the increased medical
office use square footage. Adequate access to the site for emergency vehicles is
provided from Birch Street. Access to the second floor of the five buildings is provided
via ramps and an elevator.
3. Any tenant improvements to accommodate the increased medical use will be minor in
nature and will not impact the overall operation of the existing general office and
medical office uses on the site.
Tmplt:05/16/2012 22
Zoning Administrator Resolution No. ZA2012-038
Page 5 of 7
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2012-019, 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 fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
3. This resolution supersedes Use Permit UP2005-024, which upon vesting of the rights
authorized by Minor Use Permit No. UP2012-019 (PA2012-112) shall become null and
void.
PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2012.
1
tBred4WisneskiA!�CP, Zoning Administrator
Tmplt:05/16/2012
Zoning Administrator Resolution No. ZA2012-038
Page 6 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1 . This approval supersedes Use Permit No. UP2005-024 (PA2005-111). The maximum
square footage devoted to medical use shall not exceed 14,150 square feet of medical
office use within the 5-building, office-condominium development unless an amendment
to this Use Permit is approved.
2. The second floor office-condominium located at 20311 SW Birch Street (5,000 gross
square feet) shall be allowed for medical office uses, as previously approved. The
additional 9,150-net-square-feet of floor area approved for medical office use shall be
allocated as follows: 4,575-net-square-feet of floor area to the first floor office-
condominium located at 20311 SW Birch Street. The remaining 4,575-net-square-feet
of floor area shall be allowed within any of the office-condominiums located in the five-
building office complex.
3. Prior to issuance of building permits or approval of a business license for medical
office use within this office-condominium complex, a revised plan, which indicates the
locations of medical office floor area approved with this use permit shall be provided to
the Planning Division to include in the use permit file.
4. The total number of parking spaces provided for all uses on site will be consistent with
requirements of the Zoning Code.
5. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
6. 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.
7. The Zoning Administrator may add to or modify the Conditions of this Use Permit
approval; or they may revoke this permit should they determine 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.
8. Any expansion in area approved for medical office use shall require an amendment to
this Use Permit or the processing of a new use permit.
9. Fair share fees to convert square footage from general office to medical office use
shall be calculated at plan check and paid prior to building permit issuance.
Tmplt:05/16/2012 24
Zoning Administrator Resolution No. ZA2012-038
Page 7 of 7
10. 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.
11. 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
or indirectly) to City's approval of the Birch Heights Professional Condominiums
Minor Use Permit including, but not limited to UP2012-019 (PA2012-112). 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 Conditions
12. 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. The construction plans must meet all
applicable State Disabilities Access requirements.
Tmplt:05/16/2012
215
Attachment No. ZA 4
Applicant's Project Description
20
PA2016-060
to
BACK TO BASICS
City of Newport Beach
Community Development Dept.
100 Civic Center Drive, P.O. Box 1768
Newport Beach, CA 92658-8915
Thursday, February 4,2016
To Whom It May Concern,
20311 SW Birch St.
Suite Iso This document serves to describe theproposed ro ect in detail. In order to comply with the
Newport Beach,CA,92660 project P Y
T 949 650 0736 newly implemented City of Newport Beach Massage Operator Permit that came into effect in
F 949 650 3912 2016, our health and wellness business is required to provide other relevant details relating to
infoObacktobasicsnewport.com
wwwbacktobasicsnewport.com performing professionally licensed massage therapy and acupuncture services in order to
Move well.Feel great.Be happy. obtain a"Minor Use Permit'for such services. This permit is in addition to the prior approval
for ground floor medical office (per Approval #: UP2012-019, PA2012-112), since the facility
at 20311 SW Birch St., Newport Beach,CA, 92660 is already zoned for"medical' use which
is applicable to the practice of Chiropractic. The designated treatment rooms are kept to a
high standard of cleanliness, comfort and accessibility for both the licensed massage
practitioners and their clients and will be operated within the requirements of California
Massage Therapy Council(CAMTC)and the "Massage Therapy Act." Back to Basics Health
and Wellness, located in Newport Beach for over 35 years, provides a number of health and
wellness related services to its clients and patients in a professional clinic setting. All of our
Massage Therapists are duly licensed by the CAMTC, each with years of professional clinical
experience, and are in possession of valid permits and applicable city business licenses.
Professional Massage therapy is a vital component of our patient care and is a listed service
under the State of California Chiropractic Board 'Practice of Chiropractic - Scope of
Practice" (See State of Califomia Board of Chiropractic Examiners Rules and Regulations
Article 1 Section 302). CAMTC licensed massage professionals have completed a high level
of training at accredited and approved schools and have additionally undergone an extensive
application process including fingerprinting, LiveScan and background checks. Our goal is
to provide a safe and professional environment for our patients to receive therapeutic benefit
from massage therapy and other related health and wellness services. it is our expectation
that our Minor Use is within the findings listed in Section 20.52.020 F; providing a location
that is physically suitable and compatible for safe operation. Please find attached all
pertinent supporting documentation. We appreciate your consideration in this matter and
welcome any questions regarding the application.
Inith
�Vii'
Dr. om Hewitt, DC, CSCS
2j
Attachment No. ZA 5
Project Plans
22
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