HomeMy WebLinkAbout07_LIV Integrative Health Minor Use Permit_ PA2020-007-CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 16, 2020
Agenda Item No. 7
SUBJECT: LIV Integrative Health (PA2020-007)
▪Minor Use Permit No. UP2020-001
SITE LOCATION: 20201 Birch Street, Suite 100
APPLICANT: MLJ Resources, LLC
OWNER: Bass Capital, LLC
PLANNER: Patrick Achis, Assistant Planner
pachis@newportbeachca.gov, 949-644-3237
LAND USE AND ZONING
•General Plan Land Use Plan Category: General Commercial Office (CO-G)
•Zoning District: Santa Ana Heights Specific Plan - Business Park District (SP-7 [BP])
PROJECT SUMMARY
A request for a minor use permit to establish a multipurpose wellness center (i.e., a medical
office) within a 3,152-square-foot tenant space of an existing commercial office building.
Services would be appointment-based and administered one-on-one, including general
medical and chiropractic care, acupuncture, massage therapy, nutritional coaching, and
therapeutic fitness (yoga and Pilates).
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project 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, Division 6, Chapter 3 , because it has no
potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2020-001 (Attachment No. ZA 1).
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DISCUSSION
•LIV Integrative Health, the Applicant, proposes to establish a multidisciplinary
wellness center within a 3,152-square-foot tenant space on the lower level of an
existing two-story professional office building. Adjacent land uses to the north,
east, and west contain a wide range of general office and medical uses. On the
southerly side of Birch Street, opposite the subject site, a row of several
nonconforming residential uses occurs. One block northwest lies the Newport
Beach Golf Course.
•The wellness center would encompass a spectrum of health services: general
medical and chiropractic care, massage therapy, acupuncture, nutritional
coaching, and therapeutic fitness (yoga and Pilates). Described more in the
Applicant-submitted project description (Attachment No. ZA 3), around five
wellness professionals would render services one-on-one during operation. All
activities are appointment-based and proposed to happen within the following
hours:
o Monday and Wednesday – 9:30 a.m. – 6:30 p.m.
o Tuesday and Thursday - 11 a.m. – 6:30 p.m.
o Friday and Saturday - 9 a.m. – 2 p.m.
o Sunday – Closed
For future operational flexibility, Staff recommends allowing the establishment’s
hours to be between 8 a.m. and 7 p.m., daily. LIV Integrative Health provides
specialized, individual care by appointment, and this lower type of intensity is
expected to maintain compatibility with nearby professional office uses.
•Project implementation would consist of a limited tenant improvement to bring the
existing suite into compliance with Building Code accessibility requirements. Work
would involve minimal repositioning of nonstructural walls, restructuring the
restroom space, and reconfiguring interior fixtures.
•The proposed business will not require a Massage Operator License pursuant to
Newport Beach Municipal Code (NBMC) Section 5.50.040 (Operator’s Permit
Exemptions) as medical facilities where massages are an ancillary activity to the
primary function of the facility.
•The property is designated General Commercial Office (CO-G) within the Land
Use Element of the General Plan, which intends to provide for administrative,
professional, and medical offices with limited accessory retail and service uses. In
accordance with CO-G, the proposed wellness center offers medical care and
health services to those who live, work, and visit the city.
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•The property is categorized as Business Park District of the Santa Ana Heights
Specific Plan (SP-7 [BP]), wherein medical offices and service businesses are
allowed through the approval of a minor use permit (NBMC Section 20.90.120.B
[Principal Uses Permitted]).
•In July 2015, the Zoning Administrator approved Minor Use Permit No. UP2015 -
028 (PA2015-106) for LIV Integrative Health’s existing wellness center at 20301
Acacia Street. No complaints have been filed nor has any negative parking impact
been perceived as a result of its operation. Approval of this Minor Use Permit would
allow the existing wellness center to relocate to the subject site.
•An existing general office currently occupies the subject suite, but conversion to a
medical office in this case does not increase parking demand. Pursuant to Table
3-10 of NBMC 20.40.040 (Off-Street Parking Requirements), offices under 50,000
square feet and not more than 20 percent medical office use may be parked at the
general office rate of 1 space per 250 square feet of gross floor area. The subject
building contains 22,045 square feet of gross floor area and LIV Integrative Health
would be the only medical use at 14% of the building (3,152 sq. ft. suite / 22,045
sq. ft. total office building). As a result, the proposed medical use is parked at the
existing 1 per 250 square foot rate for general office. The Applicant’s parking
summary is included as Attachment No. ZA 3 and shows existing uses and suite
sizes on-site.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 150301 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. Class 1 exempts the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion of
use beyond that existing at the time of the lead agency's determination.
Project implementation would consist of a limited tenant improvement to bring the existing
suite into compliance with Building Code accessibility requirements. Work would involve
minimal repositioning of nonstructural walls, restructuring the restroom space, and
reconfiguring interior fixtures.
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.
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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.
Prepared by:
BMZ/pa
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description and Parking Summary
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2020-001 FOR A MEDICAL OFFICE
LOCATED AT 20201 BIRCH STREET, SUITE 100 (PA2020-007)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by MLJ Resources, LLC (“Applicant”) with respect to
property located at 20201 Birch Street, Suite 100, and legally described as Parcel 2 of
Tract No. 706, as shown on a map recorded in Book 21, Page 25, of Miscellaneous
Maps, in the Office of County Recorder, in the County of Orange (Parcel 2 of Parcel
Map No. 88-326) requesting approval of a minor use permit.
2.The Applicant proposes to establish a multipurpose wellness center within a 3,152-
square-foot tenant space of an existing commercial office building. Services
would be appointment-based and administered one-on-one, including general
medical and chiropractic care, acupuncture, massage therapy, nutritional coaching,
and therapeutic fitness (yoga and Pilates).
3.The subject property is designated General Commercial Office (CO-G) by the
General Plan Land Use Element and is located within the Santa Ana Heights
Specific Plan –Business Park District (SP-7 [BP]).
4.The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5.A public hearing was held on April 16, 2020, in the Community Room at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the hearing
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
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 150301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2.Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
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3. Project implementation would consist of a limited tenant improvement to bring the
existing suite into compliance with Building Code accessibility requirements. This work
would consist of repositioning nonstructural walls, restructuring the restroom space, and
reconfiguring interior fixtures.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the
Newport Beach Municipal Code (NBMC), 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) within the Land Use
Element of the General Plan, which is intended to provide for administrative,
professional, and medical offices with limited accessory retail and service uses. The
proposed personal service use offers medical treatments, ancillary massages, and
a number other health and wellness services to those who live, work, and visit the
city, consistent with the CO-G designation.
2. The property is located within the Business Park District of the Santa Ana Heights
Specific Plan (SP-7 [BP]) which is intended to provide for the development and
maintenance of professional and administrative offices, commercial uses, specific
uses related to product development, and limited light industrial uses.
3. The principal use of the tenant space will be a chiropractic and wellness center (i.e.,
medical use) offering services that include general medical and chiropractic care,
acupuncture, massage therapy, nutritional coaching, and therapeutic fitness (yoga
and Pilates). Pursuant to the NBMC Section 20.90.120.B (Business Park District:
SP-7 [BP] - Principal Uses Permitted), medical uses in SP-7 (BP) may be permitted
subject to the approval of a minor use pe rmit.
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. See Fact in Support of Finding A.3.
2. An existing general office currently occupies the subject suite, but conversion to a
medical office in this case does not increase parking demand. Pursuant to Table 3 -
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10 of NBMC 20.40.040 (Off-Street Parking Requirements), offices under 50,000
square feet and not more than 20 percent medical office use may be parked at the
general office rate of 1 space per 250 square feet of gross floor area. The subject
building contains 22,045 square feet of gross floor area and LIV Integrative Health
would be the only medical use at 14% of the building (3,152 sq. ft. suite / 22,045
sq. ft. total office building). As a result, the proposed medical use is parked at the
existing 1 per 250 square foot rate for general office. View the Applicant’s parking
summary as Attachment No. ZA 3 for uses and suite sizes on-site.
3. As conditioned, the proposed use will comply with all other applicable provisions of
the NBMC.
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 project site is developed with three, two -story office buildings and a surface
parking lot. The surrounding area consists of a mixture of nonresidential uses -
including general and medical offices – and a row of nonconforming residential uses.
The proposed use will provide a service consistent with neighboring uses and will be
located in an area of Santa Ana Heights which prohibits residential uses, thereby
limiting any detriment to residents of the City.
2. Based on operational characteristics, the use is not considered an independent
massage facility. Ancillary medical and massage treatments offered constitute a
small portion of the overall floor area, thereby limiting any potential blight or
deterioration to the surrounding area.
3. The proposed use will not require the provision of additional parking on -site, as
discussed in Fact in Support of Finding B.2.
4. As conditioned, the allowed hours of operation are from 8 a.m. to 7 p.m., daily. This
will help to limit any potential late night or early morning land use conflicts with
allowed uses on nearby properties. LIV Integrative Health provides specialized,
individual care by appointment, and this lower type of intensity is expected to
maintain compatibility with nearby professional office uses during these
recommended hours.
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.
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Facts in Support of Finding:
1. The existing subject two-story office building and surface parking is physically
suitable to accommodate multiple uses. Access to the property is currently provided
by a single driveway approach from Birch Street. Through the site, access is provided
by a large surface parking area with drive aisles that are at least 24 feet in width. No
changes to emergency access are proposed and onsite circulation would not change
as part of the Project.
2. All proposed tenant improvements, with the exception of signage, would be limited
to the inside of the existing office building and would not affect pedestrian circulation,
parking spaces, or access to existing tenants.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property and the proposed use will not change this.
4. The Property, including the subject tenant space, is adequately served by public
services and utilities.
5. The design of the improvements will comply with all Building, Public Works, and Fire
Codes, and plans will be reviewed prior to the issuance of building permits.
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 proposed use is intended to serve residents and visitors to the City of Newport
Beach.
2. A medical office within an existing office park would operate similarly to a standard
professional office and would not constitute a hazard to the public.
3. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses and City as a whole are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance within the facility, adjacent
properties, or surrounding public areas, sidewalks, or parking lots, during business
hours, if directly related to the patrons of the business.
4. The proposal has been reviewed by the Building and Code Enforcement Divisions,
Public Works, Fire, and Police Departments, and recommended conditions of
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approval have been included to limit any detriment to the City or general welfare of
persons visiting or working in the surrounding neighborhood.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilitates) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2020-001, subject to the conditions set forth in Exhibit “A,” which is attached hereto
and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code .
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PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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.The hours of operation shall be limited to between 8 a.m. and 7 p.m., daily.
5.Prior to the issuance of a building permit, applicable Fair Share Traffic Fees shall be
paid to convert the space from office to medical office in accordance with NBMC Chapter
15.38 (Fair Share Traffic Contribution Ordinance). The Applicant shall be credited for
the existing office use and shall pay the net difference for the medical office use. The
fees shall be consistent with those in effect at the time the building permit is issued.
6.The operation of an independent massage business is not permitted unless an
amendment to this Minor Use Permit or a new Use Permit is first approved.
7.The Applicant is required to obtain all applicable permits from the City’s Building
Division and Fire Department.
8.All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of NBMC Chapter 20.42 (Signs).
9.Use Permit No. UP2020-001 shall expire unless exercised within 24 months from the
date of approval as specified in NBMC Section 20.54.060 (Time Limits and Exceptions),
unless an extension is otherwise granted.
10.This 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.
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11. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing of
a new Use Permit.
12. 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.
13. The site shall not be excessively illuminated based on the luminance recommendatio ns
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
14. Prior to the issuance of a building permit, the Applicant shall pay a fair share fee for
suite’s change of use from general to medical office. A credit shall be applied based on
the existing use of the tenant space.
15. All noise generated by the proposed use shall comply with the provisions of NBMC
Chapter 10.26 and other applicable noise control requirements. The maximum noise
shall be limited to no more than depicted below for the specified time periods unless the
ambient noise level is higher:
Between the hours of 7 a.m. and
10 p.m.
Between the hours of 10 p.m.
and 7 am.
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
16. 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.
17. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours
of noise-generating construction activities that produce noise to between the hours of 7
a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-
generating construction activities are not allowed on Sundays or Holidays.
18. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
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19. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
20. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
21. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
22. Deliveries and refuse collection for the facility shall be prohibited be tween the hours of
10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit .
23. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
24. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on -site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
25. 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.
26. 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 LIV Integrative Health including, but not limited to, Minor Use Permit No.
UP2020-001 (PA2020-007). 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
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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
27. Strict adherence to NBMC Chapter 5.50 (Massage Establishments) must be upheld.
28. All employees of the Applicant’s business who conduct massages must be certified by the
California Massage Therapy Council (CAMTC) (physicians, physical therapists, and
chiropractors exempt).
Building Division
29. A building permit with plans showing all improvements and compliance with disable access
standards will be required for the change of use from office to medical office.
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Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Minor Use Permit No. UP2020-001
PA2020-007
20201 Birch Street
Subject Property
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Attachment No. ZA 3
Applicant’s Project Description and
Parking Summary
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LIV Integrative Health – 20201 SW Birch Street, Suite 100
Proposal
LIV Integrative Health is requesting to establish a chiropractic and wellness center at 20201
SW Birch Street, Suite 100, within the City of Newport Beach. We have been located at our
current office on Acacia for 4 years and we are excited about the opportunities this relocation
will bring. We will continue to provide health and wellness services at this office, including:
chiropractic care, acupuncture, massage therapy, one-on-one therapeutic fitness (Pilates) and
nutritional coaching.
Business Operation/Description of Services
This business office will provide traditional and nontraditional complementary health and
wellness services, including: chiropractic care, general medical care, acupuncture, massage
therapy, one-on-one therapeutic fitness (Pilates) and nutritional coaching. It is not uncommon
for clients to obtain more than one service per visit. For example, a chiropractic patient would
also meet with the nutritionist or acupuncturist, or a physical therapy patient would also meet
with an acupuncturist or massage therapist. More detail regarding the business operation is
provided as follows. Our office space will be 3,263 square feet compared to our current office
size of 2,878 square feet – so we are excited we will have room to grow!
All services provided in the office will be provided on appointment only basis and the office will
be open as follows:
Monday: 930a-630p Tuesday: 11a-630p
Wednesday: 930a-630p Thursday: 11a-630p
Friday: 930a-2p Saturday: 9a-2p
Sunday: Closed
Following is a summary of the use of the space, a floor plan, site summary and parking
analysis of the site. The parking table is based on the rent rolls and records from the property
owner. The proposed office use is consistent with the Newport Beach General Plan, Specific
Plan Designation and existing office uses on the same property and uses within the area.
There was previously a professional office in this same tenant space. With a maximum
potential of 5 employees and 5 clients being served at a single time, maximum parking
demand for the business would be 13-15 spaces (5 employees, 5 clients being served and 5
clients waiting). Due to the operation plan of the business and the maximum
employees/clients as indicated above, the demand generated by this office is similar to the
general office parking requirement of 1 space/ 250 square feet (15 spaces).
Summary of Use of Space Within the Office (Reference Attached Floor Plan)
• Reception area: Will be used for appointment check in/out and client waiting room.
• Consultation room: This room will be used as a private consultation room with clients for
initial exam, re-exam and to establish a treatment plan for the patient. This room will
only be used by the Chiropractor and chiropractic clients.
• Pilates room: This room will be used for one-on-one instruction only as rehabilitative
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therapy and strength therapy prescribed by doctor or physical therapist. Pilates will not
be offered as a class.
• Massage Therapy rooms: These rooms will be available for clients for massage therapy
by a Licensed California Massage Therapist. Typically only one room would be used at
a time.
• Acupuncture room: This room will be used for acupuncture therapy delivery.
• Nutritional Counseling room: This room will be used for private client consultations with
a nutritionist.
• Doctor’s office: This office will only be used by the Chiropractor for administrative and
clerical use. This office will not be used for patient consultations or any other services.
• Kitchen: The kitchen will be used by employees for the storage and preparation of food
and drinks for employee lunches and breaks.
• Storage room: Will be used for storage of supplies, cleaning materials and other
incidental items related to the use of the office space.
• Chiropractic area: Chiropractic area will be used for one-on-one chiropractic care.
• Rehab area: Physical Therapy will be offered.
The interior tenant space will be painted and new flooring will be installed. Existing furniture
and cabinetry will be removed from the space. No structural walls will be removed or modified,
and no full-height walls will be removed/modified. The existing interior floor plan will remain
with only updates to layout of furniture, equipment, and wall and floor coverings.
Site Summary for Existing Office Complex – 20201 SW Birch Street
• General Plan: CO-G General Commercial Office - The CO-G designation is intended to
provide for administrative, professional, and medical offices with limited accessory retail
and service uses. Hotels, motels, and convalescent hospitals are not permitted.
• Zoning: SP-7 Santa Ana Heights Specific Plan Section 20.90.120 - The BP District is
established to provide for the development and maintenance of professional and
administrative offices, commercial uses, specific uses related to product development,
and limited light industrial uses. Attention shall be given to the protection of the adjacent
residential uses through regulation of building mass and height, landscape buffers, and
architectural design features.
• Specific Plan Land Use: Business Park
• Statistical Area: J6
The existing 22,045 square-foot office building is located on a 49,521 square foot property, and
is composed a two-story building, which contains a mix of administrative and professional
offices. There are total of 82 parking spaces on site. As indicated below, the current code
required demand for parking is 89 spaces. Since the overall medical use of the building is less
than 20% the square footage of the building, this use will not result in any new parking demand
for the site and the existing parking is considered legal non-conforming.
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Aerial of Office Complex
Parking Analysis
BIRCH CENTRE 20201 SW
BIRCH ST
STE SF Use Ratio Current/Proposed
Demand
LIV Integrated 100 3,263
Medical/Ph Therapy (50%) 1,631 Medical* 1/250 6.52
Office/Acupuncture/Massa
ge (50%)
1,632 Office/Personal
Services Restricted 1/250 6.53
JP Darling & Associates 150 1,935 Architect 1/250 7.74
Hogan Edgcomb 155 1,350 Real Estate Office 1/250 5.40
Bassenian/Lagoni Architects 160 1,931 Architect 1/250 7.72
Van Daele Dev Corp 170 2,180 Developer Office 1/250 8.72
DealerClick 200 2,202 Software Developer 1/250 8.81
Steven Hiyashi 205 663 CPA 1/250 2.65
Bass Capital, LLC 205 662 General Office 1/250 2.65
Vacant 240 3,245 Office 1/250 12.98
BridgeNet International, Inc. 250 2,564 Acoustic consultant 1/250 10.26
Yellow Dog Holdings 275 2,050 CPA 1/250 8.20
Total 22,045 88.18
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Justifications and Findings
Chapter 20.52 of the Zoning Code authorizes the Planning Commission or the Hearing Officer
to approve, conditionally approve, or disapprove applications for a Conditional Use Permit; and
the Zoning Administrator to approve, conditionally approve, or disapprove applications for a
Minor Use Permit. To approve or conditionally approve a use permit, the hearing body must
make the following findings provided by Section 20.52.020 F.
1. The use is consistent with the General Plan and any applicable specific plan;
The site is designated by the General Plan as CO-G General Commercial Office. This
designation is intended to provide for administrative, professional, and medical offices
with limited accessory retail and service uses. The site zoning is SP-7 Santa Ana
Heights Specific Plan, with the Business Park District. The BP District is established to
provide for the development and maintenance of professional and administrative offices,
commercial uses, specific uses related to product development, and limited light
industrial uses. The proposed wellness office is consistent with both the general plan
and zoning designations for the property, as it is a professional/medical office with no
accessory retail uses.
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Office uses are allowed by approval of a Minor Use Permit in the Santa Ana Heights
Specific Plan. This application is being made in conformance with the requirements of
this chapter. Additionally, there are no changes property to the site and the existing
parking, landscaping and access to the site will remain unchanged and in conformance
with originally approved plans.
3. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
All services provided in the office will be provided on appointment only basis and the
office will be open as follows:
Monday: 930a-630p Tuesday: 11a-630p
Wednesday: 930a-630p Thursday: 11a-630p
Friday: 930a-2p Saturday: 9a-2p
Sunday: Closed
The design, location, size and operating characteristics of the proposed office use, as
described above, are compatible with the existing and allowed uses on the site, which
include professional and medical offices similar to the proposed use and that also
operate the same general hours proposed for the wellness office.
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4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and vehicle (e.g., fire and medical) access
and public services and utilities; and
The existing 22,045 square foot office building is two stories and contains a mix of
administrative and professional offices. There are total of 82 parking spaces on site.
The proposed office will operate within an existing office space on the first floor of the
building on site. No expansion of the building is proposed. The site was developed as
part of a business office complex and constructed to house office uses. There are no
changes proposed to the site and the provision of existing access, public services and
utilities are existent and adequate to accommodate the proposed use.
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or 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.
All services provided in the office will be provided on appointment only basis and the
office will be open as follows:
Monday: 930a-630p Tuesday: 11a-630p
Wednesday: 930a-630p Thursday: 11a-630p
Friday: 930a-2p Saturday: 9a-2p
Sunday: Closed
The existing two-story office building contains a mix of administrative and professional
offices. The operation of the proposed wellness office would not be detrimental the
orderly growth of the city as it is consistent with existing uses on the property and within
the vicinity, and the hours of operation are consistent with nearby office uses.
Therefore the use would not pose a hazard to the public convenience, health, interest,
safety, or general welfare of persons residing or working in the neighborhood of the
proposed use.
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Attachment No. ZA 4
Project Plans
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New Wellness Center(See enlargement for details)26
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