HomeMy WebLinkAbout3.0_Irvine Avenue Chiropractic Facility Use Permit_PA2017-171CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 9, 2017
C'9CF00.N% Agenda Item No. 3
SUBJECT: Irvine Avenue Chiropractic Facility Use Permit (PA2017-171)
SITE LOCATION: 20341 Irvine Avenue Unit D1
• Conditional Use Permit No. UP2017-024
APPLICANT: Dr. Anthony Fedoryk
OWNER: Dr. Anthony Fedoryk
PLANNER: Liz Westmoreland, Assistant Planner
949- 644-3234, Iwestmoreland(a)newoortbeachca.gov
PROJECT SUMMARY
The application is for a Conditional Use Permit (CUP) to allow operation of a chiropractic
(medical) office use within an existing professional office park. The subject site is located
within the Santa Ana Heights Specific Plan (SP -7) within the Professional and Administrative
Office District. Medical office is not listed as an allowed use; however, a conditional use
permit may be approved for an unlisted use if it is determined to be consistent with the intent
and purpose of the Professional and Administrative Office District. The chiropractic facility
would occupy approximately 2,225 square feet and operate from approximately 9 a.m. to 5
p.m., Monday through Friday.
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,
because it has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. 2070 approving Conditional Use Permit No. UP2017-024
(Attachment No. PC 1).
1
9
Irvine Avenue Chiropractic Facility Use Permit
Planning Commission, November 9, 2017
Pace 3
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON-SITE
Land Use Plan Category
SP -7 Professional and
Administrative Office
Office Park
NORTH
RS -D (Single Unit
Residential)
SP -7 Residential Single
Family 8000 N
Single -Family Residential
SOUTH
FR (Parks and
Recreation)
SP -7 Open Space /
Recreational
Golf Course
EAST
(County of
Orange)
5 (Open Space)
S (Santa Ana Heights
Specific Plan)
Golf Course
WEST
RM (Multiple -Unit
Residential
Residential
SP -7 Residential Multiple
1500
Multi -Family Residential
INTRODUCTION
Project Setting and Background
The project site is located in the Jetty office park on Irvine Avenue near Mesa Drive. The
site is bounded to the north by residential uses within SP -7, to the south by Irvine Avenue
and Newport Beach Golf Course, to the west by multi -family residential within SP -7, and
to the east by the Newport Beach Golf Course.
The Jetty office park is comprised of six buildings totaling 80,289 square feet on
approximately 4.71 acres. The office park was annexed from the County of Orange in
2008, and contains a mix of professional and administrative offices, support uses, as well
as a tutoring center. The approximate 2,225 square foot tenant space is located on the
second floor of a 6,247 square foot building and was previously occupied by a
psychologist office use. The office park is served by an existing 301 space surface parking
lot.
Project Description
The chiropractic facility would occupy approximately 2,225 square feet and operate from
approximately 9 a.m. to 5 p.m., Monday through Friday. The proposed medical office would
contain a large traction and rehabilitation bay, x-ray and exam/treatment rooms, a bathroom,
consultation room, and similar support areas. Each patient visit is anticipated to last
approximately one hour. The applicant anticipates that three doctors will utilize the site on
a rotating basis. Between the three doctors, the site is anticipated to be utilized for
approximately 28 hours total per week.
DISCUSSION
Analysis
Medical office uses do not typically require conditional use permits to operate in the City
of Newport Beach (they are usually permitted or prohibited in commercial or office
districts) however, the subject site is not located within a standard zone. The Santa Ana
0
Irvine Avenue Chiropractic Facility Use Permit
Planning Commission, November 9, 2017
Page 4
Heights Specific Plan governs the site and contains separate requirements. Pursuant to
SP -7, medical office is not listed as an allowed use; however, a conditional use permit may
be approved for an unlisted use if it is determined to be consistent with the intent and
purpose of the Professional and Administrative Office District. Analysis regarding
consistency with the purpose and intent of the district is provided below. Furthermore,
medical uses are not listed as prohibited uses nor as permitted temporary uses. Ultimately,
operation of a small chiropractic facility with limited hours would not be substantially different
from the existing psychologist office space.
General Plan
The General Plan Land Use Element designates the site for commercial uses under
CO -G (General Commercial Office). This designation is intended to provide for
administrative, professional, and medical offices with limited accessory retail and service
uses. A chiropractic facility is considered a medical use and explicitly allowed under the
existing General Plan designation. The proposed medical office use would be part of an
existing office park (The Jetty) and would be consistent with the associated land use
designation and General Plan.
Local Coastal Plan
The subject site is not located within the Coastal Zone.
Zoning Code and Specific Plan
The subject site is located within the Santa Ana Heights Specific Plan within the
Professional and Administrative Office District (PA). Medical office is not listed as an
allowed use; however, a conditional use permit may be approved for an unlisted use if it
is determined to be consistent with the intent and purpose of the Professional and
Administrative Office District.
The PA District is established to provide for the development and maintenance of an
optimal environment for moderate intensity professional and administrative office uses
and related uses on sites with large landscaped open spaces and off-street parking
facilities. This district is intended to be located on heavily traveled streets or adjacent to
commercial or industrial uses, and may be used to buffer residential uses. The proposed
chiropractic office would occupy an existing office space and would operate similar to a
traditional business or professional office use with hours from approximately 9 a.m. to 5
p.m., Monday through Friday. The use would be of moderate intensity, pursuant to the
intent of the district. The proposed suite is located at the rear of the property away from
the entry and business park frontage along Irvine Avenue.
Parking
Pursuant to Zoning Code Section 20.40.040 (Off -Street Parking Spaces Required), the
proposed medical office use requires 11 parking spaces. The parking spaces are
5
Irvine Avenue Chiropractic Facility Use Permit
Planning Commission, November 9, 2017
Page 5
provided in the shared parking pool, which provides the minimum number of code
required parking for the existing and proposed mix of uses.
The parking requirement for the existing office suite is one space per 250 square feet of
floor area, or nine spaces for the suite. The proposed medical use would require parking
one space per 200 square feet of floor area or 11 spaces, thereby resulting in a net
increase in parking demand of two spaces. A tutoring center approved in August 2015
conducted a parking analysis for the entire office park. The analysis concluded that even
with the proposed tutoring center, the office park would have an excess of five parking
spaces. The tenant mix has not changed since the tutoring center approval; therefore,
five excess parking spaces are still available (Use Permit No. UP2015-015). The
proposed chiropractic facility would utilize two of these available spaces to offset the net
increase in medical office parking requirement.
Use Permit Findings
In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use
Permits), the Planning Commission must make the following findings for approval for a
conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan.
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
4. 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.
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.
The proposed project is a medical office use within an existing office park. The
chiropractic facility would utilize standard business hours, occupy less than 2,500 square
feet, and conduct business on an appointment only basis. The applicant anticipates that
three doctors will utilize the site on a rotating basis. Tenant improvements are limited to
the interior and require the issuance of applicable building permits. Therefore, the
proposed medical office use would not impact residential uses to the north and west.
As previously indicated, the proposed project includes uses consistent with the CO -G
(General Commercial Office) General Plan land use category. Staff believes that a
M,
Irvine Avenue Chiropractic Facility Use Permit
Planning Commission, November 9, 2017
Page 6
medical office use is compatible with the existing office park uses and the general plan
specifically mentions medical as an allowed use. As previously discussed, the chiropractic
office would be consistent with the purpose and intent of the SP -7 Professional and
Administrative Office District.
Staff believes sufficient facts exist in support of each finding. The building is physically
suitable and the location and area proposed are compatible with the neighborhood. As
conditioned, it is expected to operate in an effective manner that is compatible with the
surrounding tenants in the office building and office park as a whole.
Alternatives
1. The Planning Commission may suggest specific project modifications or operational
changes that are necessary to alleviate concerns. Modifications may address the
business operation plan. If the changes are substantial, the item should be continued
to a future meeting to allow the changes to be incorporated.
2. If the Planning Commission believes that the facts to support the findings for approval
are insufficient at this time, the Planning Commission may deny the application. Refer
to the draft resolution for denial provided as Attachment No. PC 2.
Environmental Review
Categorical Exemption
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. The application is to convert an existing office space into a medical
office, and no additional square footage or exterior improvements are proposed.
Public Notice
Notice of this hearing 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 meeting, 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.
7
Prepared by:
Liz We oreland, Assistant Planner
ATTACHMENTS
Irvine Avenue Chiropractic Facility Use Permit
Planning Commission, November 9, 2017
Page 7
Submitted by:
Seimone Jurjis PKCBRI
Community Devel6pment Director
PC 1 Draft Resolution for Approval with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Floor Plan
�2
Attachment No. PC 1
Draft Resolution for Approval with
Findings and Conditions
9
10
RESOLUTION NO. 2070
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT UP2017-024 FOR A CHIROPRACTIC FACILITY
LOCATED AT 20341 IRVINE AVENUE (PA2017-171)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Dr. Anthony Fedoryk ("Applicant'), with respect to property
located at 20341 Irvine Avenue (Unit D1) and legally described as Parcel 1 of Parcel Map
No 89-128 in the unincorporated territory of Orange County a portion of Lot 21, Tract No.
456, Recorded in Book 17, Page 9 of Miscellaneous Maps in the office of the County
Recorder of said county (the "Property"), requesting approval of a conditional use permit.
2. The Applicant proposes to operate a chiropractic facility within an existing professional
office park. The tenant space would consist of approximately 2,225 square feet and the
facility would operate from approximately 9 a.m. to 5 p.m., Monday through Friday (the
"Project').
3. The 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 (SP -7) Professional
and Administrative Office Zoning District.
4. The Property is not located within the coastal zone.
5. A public hearing was held on November 9, 2017 in the Council Chambers 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 ("NBMC). Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is categorically 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.
2. The Class 1 exemption authorizes the operation, repair, maintenance and minor
alterations of existing buildings. The proposed uses will be located within an existing
development with only minor alterations required to accommodate the new use.
11
Planning Commission Resolution No. 2070
Paqe 2 of 8
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use
Permits), the following findings and facts in support of the findings are set forth:
Conditional Use Permits and Minor Use Permits
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan Land Use Element designates the site for commercial uses under CO-
G (General Commercial Office). This designation is intended to provide for
administrative, professional, and medical offices with limited accessory retail and service
uses. A chiropractic facility is considered a medical office use and allowed under the
existing General Plan designation. The proposed medical office use would be part of an
existing office park (the "Jetty") and would be consistent with the associated land use
designation and General Plan.
2. The subject site is located within the Santa Ana Heights Specific Plan within the
Professional and Administrative Office District (PA). Medical office is not listed as an
allowed use; however, a conditional use permit may be approved for an unlisted use if
it is determined to be consistent with the intent and purpose of the Professional and
Administrative Office District.
3. The Professional Administrative Office District is established to provide for the
development and maintenance of an optimal environment for moderate intensity
professional and administrative office uses and related uses on sites with large
landscaped open spaces and off-street parking facilities. This district is intended to be
located on heavily traveled streets or adjacent to commercial or industrial uses, and may
be used to buffer residential uses. The proposed chiropractic office would occupy an
existing office space and would operate similar to a traditional business or professional
office use with hours from approximately 9 a.m. to 5 p.m., Monday through Friday
("Hours of Operation"). The use would be of moderate intensity, pursuant to the intent
of the district. The proposed suite is located at the rear of the property away from the
entry and business park frontage.
4. Pursuant to Zoning Code Section 20.40.040 (Off -Street Parking Spaces Required), the
proposed medical office use requires 11 parking spaces. The parking spaces are
provided in the shared parking pool, which provides the minimum number of code
required parking for the existing and proposed mix of uses.
07-11-17
12
Planning Commission Resolution No. 2070
Paqe 3 of 8
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. Facts in support of Finding A are hereby incorporated by reference.
2. Tenant improvements to the existing tenant space are interior and will require the
issuance of applicable building permits. No changes to the existing gross floor area or
building footprint are proposed.
3. The medical office use would occupy approximately 2,225 square feet and no changes
to the gross floor area of the building are proposed. The parking demand for the existing
office suite is one space per 250 square feet of floor area, or nine spaces for the suite.
The proposed medical office use would require parking at one space per 200 square
feet of floor area or 11 spaces, thereby resulting in a net increase in parking demand of
two spaces. A previously approved tutoring center performed a parking analysis for the
Jetty. The report concluded that the Jetty would maintain an excess of five spaces. The
tenant mix has not changed since the tutoring center was approved; therefore, the five
excess spaces are still available. The proposed chiropractic facility would utilize two of
these available spaces to offset the net increase in parking demand.
Finding:
C. The design, location, size, operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. The proposed Project is a medical office use within the Jetty. The Jetty contains a mix
of professional and administrative offices, support uses, as well as a tutoring center. As
conditioned, it is expected to operate in a manner compatible with other tenants and
land uses in the building and office park.
2. The existing office park abuts residential uses to the north and west. However, the
subject building (Building D) is located at the rear of the property and abuts the golf
course thereby providing a buffer of an office building, block wall, and landscaping
between uses. Furthermore, the chiropractic facility would utilize standard business
hours, occupy less than 2,500 square feet, and conduct business on an appointment
only basis. Therefore, the proposed medical office use is anticipated to operate similar
to a typical office space, and would not impact residential uses to the north and west.
3. Adequate parking exists to the support the proposed use, as discussed in Finding B.3.
07-11-17
i3
Planning Commission Resolution No. 2070
Page 4 of 8
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 proposed tenant improvements would be limited to the inside of the existing office
building and would not affect pedestrian circulation, parking spaces, or access to
existing tenants.
2. The proposed Project is a medical office use within an existing office park, the Jetty. The
Jetty contains a mix of professional and administrative offices, support uses, as well as
a tutoring center. Based on the Hours of Operation and nature of the small-scale
chiropractic use, this medical office use is anticipated to operate similarly to adjacent
uses and is therefore physically suitable for the office park.
3. Emergency access to and through the Jetty is currently provided from Irvine Avenue.
No changes to emergency access are proposed and onsite circulation would not
change.
4. The Jetty, 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, 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.
Facts in Support of Finding:
1. A chiropractic office within an existing office park would operate similarly to a standard
professional office and would not constitute a hazard to the public.
2. 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.
07-11-17
Planning Commission Resolution No. 2070
Paqe 5 of 8
3. The Hours of Operation are compatible with offices in the Jetty.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2017-024 subject to the conditions set forth in Exhibit "A", which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF NOVEMBER, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Koetting, Chairman
BY:
Erik Weigand, Secretary
a7-11-17
25
Planning Commission Resolution No. 2070
Paqe 6 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
PLANNING
The Project 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. Use Permit No. UP2017-024 shall expire unless exercised within 24 months from the date
of approval as specified in NBMC Section 20.54.060(A).
3. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. Prior to the issuance of building permits, applicable Fair Share Traffic Fees shall be paid
to convert the space from office to medical office in accordance with NBMC Chapter 15.38.
The Applicant shall be credited for the existing office use, and shall pay the net difference
for the medical office use.
6. This Use Permit may be modified or revoked by the Planning Commission 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.
7. 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.
8. 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.
9. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
10. Should the Property be sold or otherwise come under different ownership, any future
07-11-17
10
Planning Commission Resolution No. 2070
Paqe 7 of 8
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. 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.
12. No outside paging system shall be utilized in conjunction with this establishment.
13. 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.
14. 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 NBMC Title 14, including all future amendments (including Water
Quality related requirements).
15. Deliveries and refuse collection for the facility shall be prohibited between 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.
16. 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.
17. 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 NBMC Title 20.
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 Irvine Avenue Chiropractic Facility CUP including, but not limited to,
Conditional Use Permit No. UP2017-024 (PA2017-171). 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,
07-11-17
17
Planning Commission Resolution No. 2070
Paqe 8 of 8
attomeys' 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
19. 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.
Public Works Conditions
20. County Sanitation District fees shall be paid prior to the issuance of any building permits.
07-11-17
12
Attachment No. PC 2
Draft Resolution for Denial
19
20
RESOLUTION NO. 2070
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT
UP2017-024 FOR A CHIROPRACTIC FACILITY LOCATED AT
20341 IRVINE AVENUE (PA2017-171)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Dr. Anthony Fedoryk, with respect to property located at 20341
Irvine Avenue (Unit D1) and legally described as Parcel 1 of Parcel Map No 89-128 in the
unincorporated territory of Orange County a portion of Lot 21, Tract No. 456, Recorded in
Book 17, Page 9 of Miscellaneous Maps in the office of the County Recorder of said county
requesting approval of a conditional use permit.
2. The applicant proposes to operate a chiropractic facility within an existing professional
office park. The tenant space would consist of approximately 2,225 square feet and the
facility would operate from approximately 9 a.m. to 4 p.m. daily.
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 (SP -7)
Professional and Administrative Office Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 9, 2017 in the Council Chambers 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 Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. REQUIRED FINDINGS.
The planning Commission may approve a use permit only after making each of the five required
findings set forth in NBMC Subsection 20.52.020 (F) (Findings and Decision) of the Newport
Beach Municipal Code. In this case, the Planning Commission was unable to make the required
findings based upon the following:
Findings for Conditional Use Permit:
A. The use is consistent with the General Plan and any applicable specific plan;
21
Planning Commission Resolution No. 2070
Paqe 2 of 3
B. The use is consistent with the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and Municipal Code;
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity;
D. 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 Not in Support of Findings:
1. The Planning Commission determined, in this case, that the establishment of a medical
use within the Santa Ana Heights Specific Plan (Administrative and Professional Office
District) would not be consistent with the purpose and intent of Section 20.90.130 of the
Santa Ana Heights Specific Plan nor Section 20.52.020 (Conditional Use Permits and
Minor Use Permits) of the Newport Beach Municipal Code.
2. The applicant's request may lead to a proliferation of medical uses within an existing
professional office park.
3. The addition of medical office uses may impact surrounding residential neighborhoods.
�9x��U]i.[�Uxy69[�P►1
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2017-024 subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF NOVEMBER, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
a7-11-17
NN
Planning Commission Resolution No. 2070
Paqe 3 of 3
M
Peter Koetting, Chairman
BY:
Erik Weigand, Secretary
07-11-17
23
r.
Attachment No. PC 3
Floor Plan
25
20
V
12
x.wx o.m
12Y0
flOfuab11e111 ama wMb 4foo1
high wall 9aeh'dona
EYemise and Rehab
area
naCOOn and Rababl111abon Bay
Nubldon and
conaultadon
11 a
Conaulaaeon
0x1
... aA
nl
0x10
o Bcaea
9x19
PA2017-171 for UP2017-024
20341 Irvine Avenue Unit D1
Dr. Anthony Fedoryk 27
Planning Commission - November 9, 2017
Item No. 3a Additional Materials Presented at Meeting
Irvine Avenue Chiropractic Facility Use Permit (2017-171)
Irvine Avenue
Chiropractic
Facility Use
Permit
Planning Commission
Public Hearing
11/09/2017
W
Ad
Planning Commission - November 9, 2017
Item No. 3a Additional Materials Presented at Meeting
Irvine Avenue Chiropractic Facility Use Permit (2017-171)
Vicinity Map
i
I
�.1 Avenin
r
t
Planning Commission - November 9, 2017
Item No. 3a Additional Materials Presented at Meeting
Irvine Avenue Chiropractic Facility Use Permit (2017-171)
The Jetty Office Park
m 1 ,
1111Y�
�.N ; � Vic!' � j
7
07/13/2012 Community Development Department - Planning Division 4
"...provide for the development and
maintenance of an optimal environment
for more moderate intensity
professional and administrative office
uses and related uses...."
07/13/2012
Community Development Department- Planning Division
■
,ETWO
da
L
Conduct a Public Hearing
Find Project Categorically Exempt from CEQA
Approve CUP No. U P2017-024 (PA2017-173.)
07/13/2012
Community Development Department- Planning Division
Planning Commission - November 9, 2017
Item No. 3a Additional Materials Presented at Meeting
Irvine Avenue Chiropractic Facility Use Permit (2017-171)
1
For more information contact:
Liz Westmoreland
949-644-3234
lwestmoreland@newportbeachca.gov
www.newportbeachca.gov