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HomeMy WebLinkAbout2006-101 - 2382 Bristol Street Approval of Permit 2006-021RESOLUTION NO. 2006-101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH UPHOLDING AND AFFIRMING THE DECISION OF THE PLANNING DIRECTOR'S APPROVAL OF USE PERMIT NO. 2006-021 FOR PROPERTY LOCATED AT 2382 BRISTOL STREET (PA2006 -193) WHEREAS, an application was filed by David F. Wilhelm, D.D.S. for property identified as 2382 Bristol Street, and legally described as Undivided % interest of Parcel 1, per Map Book 155 Page 9 and Unit 3 Condominium of Parcel 2. The application requests the approval of a Use Permit to convert 2,625 square feet office area to medical office use. within an existing 10,500 square feet office building complex; and WHEREAS, on October 10, 2006, the Planning Director considered and approved Use Permit No. 2006 -021 to allow the vacant 2,625 square foot space to be used for medical /dental office use; and WHEREAS, on October 13, 2006, an appeal was filed by the Santa. Heights - Project Advisory Committee; and WHEREAS, on November 2, 2006, the Planning Commission held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with law. Testimony was presented to, and considered by, the Planning Commission at the hearing. With a vote of:6, ayes, the Planning Commission upheld the appeal and denied the Use Permit application; and WHEREAS, on November 14, 2006, the City Council appealed the: matter. for review and consideration; and WHEREAS, on November 28, 2006, the City Council held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with law and.. testimony was presented to and considered by the City Council at the hearing; and NOW THEREFORE CITY COUNCIL FINDS AS FOLLOWS: 1. The property has a General Plan designation of General Commercial Office (CO -G) and is zoned Professional and Administrative Office District [SP- 7(PA)]. The site is presently improved with two office buildings (2372 and 2382 Bristol). The 2372 Bristol building is currently occupied by a professional office on the. second floor and a dental office on the first. floor. Page 2 of 5 The 2382 Bristol Building is currently occupied by a professional office on the second floor and the first floor is vacant. The vacant space is the proposed occupancy and the subject of this Use Permit; and 2. The proposed dental office would not be detrimental to persons, property or improvements in the neighborhood and that the approval would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the following: A. A total of 45 on -site parking spaces will be provided and available for the proposed medical office and the existing uses located on the subject property. The project, as proposed, requires a net increase of 3 additional parking spaces which would be an intensification of approximately 7.14 percent in the required parking (3142). The project includes the restriping of spaces and the minor elimination of landscaping to increase the parking provided by 3 spaces. The project, therefore, meets Section 20.62.060, Nonconforming Parking of the Municipal Code. B. The proposed combination of administrative, professional office and medical /dental office uses at the subject property will not create an intensification of trip - generation rates that requires a Traffic Phasing Ordinance Analysis. C. The proposed project is a professional office use and medical offices are included in this designation. D. The office complex and residential traffic are separated to the maximum extent possible, since the vehicular access is on Spruce Avenue. Additionally, the subject property is located on a block that is bounded on the northwest and southeast by Professional Administrative Office use and to the northeast by the State Route 73 and to the southwest are single-family residential uses. E. The proposal to establish a combination of medical /dental office with the existing administrative and. professional office uses does not alter or diminish the overall aesthetic character of the community. 3. The project is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) and .Class 5 (Minor Alterations in Land Use Limitations). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach hereby reverses the Planning Commission denial of the Use Permit application and upholds. and affirms the Planning Director's approval of Page 3 of 5 Use Permit No. 2006 -021, subject to the conditions of approvals listed in Exhibit „A. This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the November 28, 2006 by the following vote to wit: AYES, COUNCIL MEMBERS Selich Rosansky,, Ridgeway, Daigle, Nichols-, Mayor Webb NOES, COUNCIL MEMBERS None ABSENT COUNCIL . - .: CITY CLERK Page 4 of 5 Exhibit "A" CONDITIONS OF APPROVAL Use Permit No. 2006 -021 The development and mixture of permitted uses shall be in substantial conformance with the approved site plan and floor plan dated October 23, 2006. 2. The maximum square footage devoted to medical /dental use shall not exceed 2,625 square feet (first floor of the 2382 Bristol Street building, and the remainder of the building shall be devoted to general, professional and administrative office use). 3. The use permit authorizes medical/dental uses as specified herein within the existing office building (first floor of 2382 Bristol Street only, which is the subject of this application) and the existing legal nonconforming dental office in the ground floor of 2372 Bristol Street). 4. All applicable parking requirements of Chapter 20.66 of the Newport Beach Municipal Code shall apply and shall be enforced. 5. The parking lot shall be re- striped to provide a total of 45 parking spaces to serve the entire property. Changes to the existing parking lot configuration shall be subject to further review by the City Traffic Engineer for the on -site parking, vehicular circulation and pedestrian circulation systems. 6. Employees shall park on -site at all times. 7. No temporary "sandwich" signs, balloons or similar temporary.signs shall be permitted, either on -site or off - site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Santa Ana Heights Specific Plan Area Regulations or the Municipal Code. Temporary signs shall be prohibited in the public right-of- way.. 8. All signs shall conform to the provisions of Chapter 20.44 and applicable sections of Chapter 20.67 of the Newport Beach Municipal Code, unless otherwise, approved by the Planning Commission or the City Council in accordance with the provisions of the Municipal Code. 9. As specified by the Uniform Building Code, the facility shall be designed to meet exiting and fire protection requirements and shall be subject to review and approval by the Building Department 10. The project shall comply with State Disabled Access requirements. Page 5 of 5 11. The Planning Director or the Planning Commission may add to or modify the Conditions of this Use Permit approval, or they revoke this permit upon a determination that the operation (which is the subject of this approval) causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 12. This approval shall expire unless exercised within 24 months from the end of the appeal period, in accordance with Section 20.91.050 of the Newport Beach Municipal Code. 13. The proposed dental office shall be limited to the operation of one dentist (at any given time), two (2) hygienists and support staff. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, .City Clerk of the City of Newport Beach, California, do hereby certify that the whole number .of members of the .City Council is seven; that the foregoing resolution, being Resolution No. 2006 -101 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of November 2006, and that the same was so passed and adopted by the following vote, to wit: .... Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: Curry Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of November 2006. (Seal) City Clerk Newport Beach, California