HomeMy WebLinkAbout4.0_Dr. Cerni's Medical Office Conditional Use Permit_PA2018-168 co7 �R>m CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
a May 9, 2019
OR Agenda Item No. 4
SUBJECT: Dr. Cerni's Medical Office (PA2018-168)
Conditional Use Permit No. UP2018-016
SITE LOCATION: 20271 Birch Street, Suite 100
APPLICANT: Dr. Cerni with Forever Ageless Aesthetic & Regenerative Medicine
OWNER: JSC Holdings, LLC
PLANNER: Benjamin M. Zdeba, AICP, Associate Planner
949-644-3253, bzdeba@newportbeachca.gov
PROJECT SUMMARY
The applicant requests a conditional use permit to allow a three-space reduction of the
required 23 off-street parking spaces and to allow the continued operation of an existing,
unpermitted 4,575-square-foot medical office use within the Birch Heights office park. The
medical office established its operation in 2018, without securing approval of a use permit
as required by the Business Park (BP) land use designation of the Santa Ana Height
Specific Plan Area (SP-7).
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. PC2019-011 approving Conditional Use Permit No. UP2018-
016 (Attachment No. PC 1).
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VICINITY MAP
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GENERAL PLAN ZONING
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LOCATION GENERAL PLAN ZONING CURRENT USE
Business Park (BP)
ON-SITE General Commercial District of the Santa Ana Commercial office
Office (CO-G) Heights Specific Plan condominiums
Area SP-7
NORTH
SOUTH Multi-tenant commercial office
EAST CO-G BP of the SP-7 buildings and nonconforming
WEST residences
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Dr. Cerni's Medical Office (PA2018-168)
Planning Commission, May 9, 2019
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INTRODUCTION
Project Setting and Background
The project site is located in the Birch Heights office park on Birch Street near Orchard
Drive. The site is bound on the north, west, and south by commercial office uses within
the Business Park (BP) District of the Santa Ana Heights Specific Plan Area (SP-7). To
the east across Birch Street is a commercial office building and nonconforming residential
uses that are also located within the BP District.
Birch Heights is comprised of five condominium office buildings totaling 48,265 square
feet on approximately 2.19 acres. The office park was annexed from the County of Orange
in 2002, and contains a mix of professional, administrative and medical offices. It is served
by an existing 190-space surface parking lot. The 4,575-square-foot tenant space is
located on the first level above parking. The tenant space was formerly occupied by a
non-medical office use.
At the end of 2017, Dr. Cerni purchased the tenant space and on February 15, 2018, he
commenced the use without securing use permit approval for a medical office as required
by the BP land use standards of the Santa Ana Heights Specific Plan.
Project Description
The medical office occupies the entire tenant space and operates from 9 a.m. to 6 p.m.,
Monday through Friday. Services offered include the treatment of conditions including scars,
skin laxity, wrinkles, excess fat, and unwanted hair. The operation includes one doctor (Dr.
Cerni), one nurse, three aestheticians, and two administrative staff members for a total of
seven employees. There are no overnight stays of patients and all exams, diagnoses and
procedures are outpatient. A floor plan and pictures of the tenant space are attached as
Attachment No. PC 4.
DISCUSSION
Analysis
Medical office uses do not typically require 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 zoning district. The Santa Ana Heights
Specific Plan governs the site and contains separate requirements. Ultimately, the
operation of a medical office use with limited hours would not be substantially different from
the previously existing professional office space. However, medical office uses have a
greater parking requirement than professional office uses, and in this case, the Birch Heights
office park is not developed with enough spaces to meet code requirements with the
introduction of the proposed medical office. Therefore, the applicant is requesting approval
of use permit to authorize the reduction of the required parking spaces from 23 to 20. A
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detailed discussion of the parking requirements and the findings of the parking demand
study provided by the applicant is provided later in this report.
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 medical use is explicitly allowed under the existing General Plan designation. The
proposed medical office use would be part of an existing office park (Birch Heights) and
would be consistent with the associated land use designation and General Plan.
Zoning Code and Specific Plan
The subject site is located within the Business Park(BP) District of the Santa Ana Heights
Specific Plan Area (SP-7). 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. A medical office
use is listed as permitted subject to the approval of a minor use permit.
Parkinci
Newport Beach Municipal Code (NBMC) Section 20.90.120(F)(6) (Off-Street Parking) of
the Santa Ana Heights Specific Plan references Chapter 20.40 (Off-Street Parking) for all
parking requirements. Pursuant to Section 20.40.040 (Off-Street Parking Spaces
Required), the first 50,000 square feet of office requires one parking space per 250 square
feet of net floor area, and the next 75,000 square feet of office requires one space per
300 square feet of net floor area. Medical offices, if not more than 20 percent of the total
net floor area, share identical parking requirements. These requirements are shown
graphically in Table 1 below.
Table 1, Off-Street Parking Required for Offices and Medical Offices
Land Use Parking Spaces Required
Offices'—Business, Corporate, General, Governmental
First 50,000 square feet (sq. ft.) 1 per 250 sq. ft. net floor area
Next 75,000 sq. ft. 1 per 300 sq. ft. net floor area
Floor area above 125,001 sq. ft. 1 per 350 sq. ft. net floor area
*Not more than 20% medical office uses.
Offices—Medical and Dental Offices 1 per 200 sq. ft. gross floor area
Dr. Cerni's Medical Office (PA2018-168)
Planning Commission, May 9, 2019
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The existing office park has a gross floor area of approximately 48,265 square feet and a
net floor area of 45,750 square feet. There are five other existing medical offices, which
total 14,150 square feet of net floor area or approximately 31 percent net floor area of the
office park. Therefore, the proposed medical office cannot take advantage of the reduced
parking requirement and must provide parking at a rate of one parking space per 200
square feet of gross floor area.
Based on the tenant list provided by the Applicant, Birch Heights requires 188 parking
spaces. The proposed medical office would increase the requirement by 5 parking spaces
for a total of 193 spaces required. The parking lot is currently developed with 190 spaces
resulting in an overall proposed deficiency of 3 spaces.
NBMC Section 20.40.110(B) allows off-street parking requirements to be reduced with
the approval of a conditional use permit when the applicant has provided sufficient data
to indicate that parking demand will be less than the required number of spaces and a
parking management plan is prepared in compliance with NBMC Section 20.40.110(C).
In this case, the applicant provided "Birch Heights Parking Analysis" dated October 23,
2018 (Attachment No. PC 3). The study was prepared by a qualified professional, in this
case a traffic engineer, from EPD Solutions, Inc.. The analysis and conclusions of the
study were reviewed and accepted by the City Traffic Engineer.
The study acknowledges the use has already been in operation without a negative impact
to parking supply. It also concludes there is an observed peak parking demand of 146
parking spaces; therefore, the reduction of three (3) required off-street parking spaces is
appropriate and is not expected to create any parking deficiencies.
Given the findings of the study that there is a significantly lesser parking demand for the
office park than the sum total zoning code requirement, there is no benefit or need for a
parking management plan for this project. Staff has included Condition of Approval No. 7
in the draft Resolution to require a parking management plan if an identifiable parking
issue attributable to the tenant arises in the future.
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 of 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.
Dr. Cerni's Medical Office (PA2018-168)
Planning Commission, May 9, 2019
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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 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.
As previously discussed in the General Plan and Zoning Code and Specific Plan
subsections, the proposed medical office use is consistent with the land use designations
for the project site.
The current and proposed use occupies an existing tenant space within Birch Heights,
which has a mixture of professional and business offices, as well other existing medical
offices. The proposed use would operate with standard business hours of 9 a.m. to 6 p.m.
The applicant has provided a parking demand study to substantiate waiving 3 of the
required 23 parking spaces for the proposed use. Conditions of Approval Nos. 6 and 7
are included in the draft Resolution for approval to address any unforeseen parking-
related impacts. The Conditions require all employees and patrons to park on-site and
the submission of a parking management plan if the business operation changes such
that the parking supply is negatively affected by the medical office use.
While it is unclear whether any unpermitted construction has occurred in the tenant space
either before or after Dr. Cerni's purchase, Condition of Approval No. 23 is included to
ensure any existing unpermitted work is addressed appropriately by securing any
required permits.
It is also notable that the medical office has been illegally operating (i.e., without a use
permit and required parking) since February 2018 and has not been proven incompatible
with its surrounding uses.
In summary, 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 continue 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
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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
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 Class 1 exemption authorizes the operation, repair, maintenance and minor alterations
of existing buildings. The Project will be located within an existing tenant space within an
existing developed office/business park. No alterations were required to accommodate the
new use.
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.
Prepared by: Submitted by:
/J47 J-
ani . Zdeba, AICP Jim Campbell
ssociat lanner Deputy Community Development Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Parking Demand Study
PC 4 Project Floor Plan and Photographs
:\U.,,\PLN\Shared\PAs\PA.-2018\PA2018-168\PC 05-09-2019\PA2018-168 PC05092019 Sta£f Report_b=.docx01/12/18
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Attachment No. PC 1
Draft Resolution with Findings and
Conditions
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RESOLUTION NO. PC2019-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2018-016 TO WAIVE A
PORTION OF THE OFF-STREET PARKING REQUIREMENTS
AND ALLOW THE CONTINUED OPERATION OF A MEDICAL
OFFICE LOCATED AT 20271 BIRCH STREET, SUITE 100
(PA2018-168)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Coralee S. Newman of Government Solutions, Inc. ("Applicant')
on behalf of JSC Holdings, LLC ("Owner/Operator"), with respect to property located at
20271 Birch Street, Suite 100, and legally described as Parcel 1 of Parcel Map 89-341, as
recorded in Book 268, Page 37 ("Property"), requesting approval of a conditional use
permit.
2. The Applicant requests a reduction of three (3)parking spaces in required off-street parking
and to allow the continued operation of an existing, unpermitted 4,575-square-foot medical
office within the Birch Heights office park ('Birch Heights"), an existing office condominium
development with multiple tenants and a shared parking lot ('Project'). The medical office
established its operation in 2018, without securing approval of a use permit as required by
the Business Park ("BP") land use designation of the Santa Ana Height Specific Plan Area
(°SP-7°).
3. The Property is designated General Commercial Office ("CO-G") by the General Plan Land
Use Element and is located within the BP District of the SP-7.
4. The Property is not located within the coastal zone; therefore, the Project is not reviewed
against Newport Beach Municipal Code ("NBMC") Title 21 Local Coastal Program
Implementation Plan and a coastal development permit is not required.
5. A public hearing was held on May 9, 2019, 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 Ralph M. Brown Act and NBMC Chapter 20.62 (Public Hearings).
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. 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, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
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2. The Class 1 exemption authorizes the operation, repair, maintenance and minor
alterations of existing buildings. The Project will be located within an existing tenant space
within an existing developed office/business park. No alterations were required to
accommodate the new use.
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 such findings are set forth:
Findin :
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 medical office use is allowed under the existing General Plan designation. The
proposed medical office use would be located in an existing tenant space within Birch
Heights and would be consistent with the associated land use designation.
2. The Property is located within the Business Park("BP") District of the Santa Ana Heights
Specific Plan Area ("SP-T'). 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. A
medical office use is listed as permitted subject to the approval of a minor use permit.
With the approval of the subject Use Permit and parking reduction, the use would
operate consistent with applicable zoning regulations.
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. The medical office occupied the existing tenant space and commenced operation in
February 2018, without securing appropriate approvals from the City. Condition of
Approval No. 23 is included to ensure tenant improvements completed without the
benefit of a building permit in the existing tenant space are addressed by the
Owner/Operator. Any changes that have been made are interior only with no changes
to the existing gross floor area or building footprint.
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3. NBMC Section 20.90.120(F)(6) (Off-Street Parking) references Chapter 20.40 (Off-
Street Parking) for all parking requirements. Pursuant to Section 20.40.040 (Off-Street
Parking Spaces Required), the first 50,000 square feet of office requires one space per
250 square feet of net floor area, and the next 75,000 square feet of office requires one
space per 300 square feet of net floor area. Medical offices, if not more than 20 percent
of the total net floor area, share identical parking requirements. The existing office park
has a gross floor area of approximately 48,265 square feet and a net floor area of 45,750
square feet. There are five other existing medical offices, which total 14,150 square feet
of net floor area or approximately 31 percent net floor area of the office park. Therefore,
the proposed medical office cannot take advantage of the reduced parking requirement
and must provide parking at a rate of one parking space per 200 square feet of gross
floor area.
4. Based on the current tenant list provided by the Applicant, Birch Heights requires 188
parking spaces. The proposed medical office would increase the requirement by 5
parking spaces for a total of 193 spaces required. There are 190 parking spaces to serve
the office park resulting in an overall proposed deficiency of 3 spaces. NBMC Section
20.40.110(B) allows off-street parking requirements to be reduced with the approval of
a conditional use permit when the Applicant has provided sufficient data to indicate that
parking demand will be less than the required number of spaces and a parking
management plan is prepared in compliance with NBMC Section 20.40.110(C). In this
case, the Applicant provided "Birch Heights Parking Analysis" dated October 23, 2018,
and prepared by a traffic engineer (i.e., a qualified professional)with EPD Solutions, Inc,
which was reviewed and accepted by the City Traffic Engineer.
5. The study acknowledges the use has been in operation without a negative impact to
parking supply. It also concludes there is an observed peak parking demand of 146
parking spaces; therefore, the reduction of three (3) required off-street parking spaces
is appropriate and will not create any parking deficiencies. The existing parking supply
is adequate to accommodate the proposed use. Given the findings of the study that
there is a significantly lesser demand than the zoning code requirement, there is no
benefit or need for a parking management plan for this project. Condition of Approval
No. 7 is included to require a parking management plan if there is an identifiable parking
issue attributable to the Project in the future.
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 Project is a medical office use within Birch Heights, which contains a mixture of
professional and business offices, as well as other existing medical offices. As
conditioned, it is expected to operate in a manner compatible with other tenants and
land uses in the office park.
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2. The medical office has been illegally operating (i.e., without a use permit and required
parking) since February 2018, and has not been proven incompatible with its
surrounding uses.
3. Adequate parking exists to support the proposed use, as discussed in the Facts in
Support of Finding B.
4. The proposed medical office would occupy an existing office space and would operate
similar to a traditional professional or business office use with hours from approximately
9 a.m. to 6 p.m., Monday through Friday ("Hours of Operation"). Basic operating
conditions of approval are included to help ensure compatibility with the surrounding
area and other businesses operating in Birch Heights.
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 . Fact in Support of Finding 8(2) is hereby incorporated by reference.
2. Emergency access to and through Birch Heights is currently provided from Birch Street.
No changes to emergency access are proposed and on-site circulation would not
change.
3. Birch Heights, including the subject tenant space, is adequately served by public
services and utilities. Irvine Ranch Water District ("IRWD") is the water service provider
and it is located within the Costa Mesa Sanitary District ("CMSD").
4. The design of any tenant improvements will comply with all local and State 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 medical office within an existing office park would operate similarly to a typical
professional, business or medical offices already operating and in a development
designed to accommodate a variety of office uses. The use is not anticipated to generate
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increased noise, dust, odor, traffic, vibration, lighting or other potential nuisances as
compared to other typical office uses. Therefore, introduction of an additional medical
office in this location would not constitute an increased nuisance or hazard to the public.
2. There is adequate parking existing on-site to accommodate the increased medical office
use square footage. Adequate access to the site for emergency vehicles is provided
from Birch Street. The tenant space is located on the first level above parking, but is
accessible at grade since the site slopes up from Birch Street.
3. The Project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses and the 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 Hours of Operation are compatible with other uses in Birch Heights.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2018-016, 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 NBMC Title 20 Planning and Zoning.
PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF MAY, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Zak, Chairman
BY:
Lee Lowrey, Secretary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The Project shall be in substantial conformance with the approved site plan and floor plans
stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2. Conditional Use Permit No. UP2018-016 shall expire unless exercised within 24 months
from the date of approval as specified in Newport Beach Municipal Code (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 and Owner/Operator 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 Conditional Use Permit.
5. Prior to the issuance of any required 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 (Fair Share Traffic Contribution Ordinance). The Owner shall be credited
for the existing office use, and shall pay the net difference for the medical office use.
6. All employees and patrons of the medical office shall park on-site within the shared parking
area for Birch Heights.
7. If there is a change in on-site staffing or the business operation that creates a deficiency
in parking supply or results in a parking impact to surrounding businesses, the Applicant
shall prepare and submit a parking management plan for review and approval by the
Community Development Director.
8. The floor area allowed for this medical office suite is a maximum of 4,575 square feet. Any
increase in floor area may require the review and approval of an amended or new
conditional use permit.
9. This Conditional 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.
10. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review by the Planning Division and may
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require an amendment to this Conditional Use Permit or the processing of a new
conditional use permit.
11. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the any Building Division and field sets of plans prior to issuance of the
building permits.
12. 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.
13. Should the Property be sold or otherwise come under different ownership, either the
current business owner, property owner or the leasing agent shall notify any future
owners or assignees of the condition of this approval.
14. Construction activities shall comply with NBMC Section 10.28.040 (Loud and
Unreasonable Noise), 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.
15. No outside paging system shall be utilized in conjunction with this establishment.
16. All trash shall be stored within the building or within dumpsters stored in the existing
trash enclosure.
17. The Owner/Operator shall help to 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).
18. 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 Conditional Use
Permit.
19. 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.
20. To the fullest extent permitted by law, Applicant and Owner/Operator 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,
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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 Dr. Cerni's Medical Office
including, but not limited to, Conditional Use Permit No. UP2018-016 (PA2018-168). 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,
Owner/Operator, City, and/or the parties initiating or bringing such proceeding. The
Applicant and Owner/Operator 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 and Owner/Operator shall pay to the City upon demand
any amount owed to the City pursuant to the indemnification requirements prescribed in
this condition.
Building Division and Fire Department
21. The building or portions thereof used to provide medical, surgical, psychiatric, nursing
or similar care on a less-than-24-hour basis to persons who are rendered incapable of
self-preservation by the services provided shall comply with the requirements for an
"ambulatory care facility" in accordance with 2016 California Building Code (CBC)
Section 422 or any successor section.
22. If the use and/or building is classified as an `ambulatory care facility" under 2016 CBC
Section 422, or any successor section, with more than five patients, the building will be
classified as 1-2.1 occupancy group and shall comply with 1-2.1 requirements such as, but
not limited to, exiting, separation, construction types, area limitation, etc.
23. Within 30 days of the effective date of this approval, the Owner/Operator shall schedule a
field inspection with a City Building Official. If any unpermitted work is found, the
OwnerlOperator will be required to obtain a construction building permit (i.e., an as-built"
building permit) to legalize said work within a reasonable amount of time, as determined
by the City Building Official conducting the inspection. As no building permits have been
issued since 1994, any unpermitted construction and interior remodels shall comply with
current code requirements. The Owner/Operator is responsible for addressing all
unpermitted work within the subject tenant space.
01-25-19
20
Attachment No. PC 2
Draft Resolution for Denial
21
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RESOLUTION NO. PC2019-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL
USE PERMIT NO. UP2018-016 TO WAIVE A PORTION OF THE
OFF-STREET PARKING REQUIREMENTS AND ALLOW THE
CONTINUED OPERATION OF A MEDICAL OFFICE LOCATED AT
20271 BIRCH STREET, SUITE 100 (PA2018-168)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Coralee S. Newman of Government Solutions, Inc. ("Applicant")
on behalf of JSC Holdings, LLC ("Owner/Operator"), with respect to property located at
20271 Birch Street, Suite 100, and legally described as Parcel 1 of Parcel Map 89-341, as
recorded in Book 268, Page 37 ("Property"), requesting approval of a conditional use
permit.
2. The Applicant requests a reduction of three(3)parking spaces in required off-street parking
and to allow the continued operation of an existing, unpermitted 4,575-square-foot medical
office within the Birch Heights office park ("Birch Heights"), an existing office condominium
development with multiple tenants and a shared parking lot ("Project"). The medical office
established its operation in 2018, without securing approval of a use permit as required by
the Business Park ("BP") land use designation of the Santa Ana Height Specific Plan Area
("SP-7").
3. The Property is designated General Commercial Office ("CO-G")by the General Plan Land
Use Element and is located within the BP District of the SP-7.
4. The Property is not located within the coastal zone; therefore, the Project is not reviewed
against Newport Beach Municipal Code ("NBMC") Title 21 Local Coastal Program
Implementation Plan and a coastal development permit is not required.
5. A public hearing was held on May 9, 2019, 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 Ralph M. Brown Act and NBMC Chapter 20.62 (Public Hearings).
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This Project is exempt from the California Environmental Quality Act("CEQA")pursuant to Section
15270 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Projects which a public agency rejects or disapproves are not subject to CEQA review.
2S
Planning Commission Resolution No. PC2019-011
Page 2 of 2
SECTION 3. REQUIRED FINDINGS.
The Planning Commission may approve a use permit only after making each of the required
findings set forth in NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use
Permits). In this case, the Planning Commission was unable to make the required findings
based upon the following:
1.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2018-016.
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 MAY, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Zak, Chairman
BY:
Lee Lowrey, Secretary
01-25-19
24
Attachment No. PC 3
Parking Demand Study
25
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E I P I D SOLUTIONS, INC.
To: Dr. Joseph Cerni, Forever Ageless
From: Meghan Macias, T.E.
CC: Coralee Newman, Government Solutions, Inc.
Date: 10/23/2018, revised 02/19/19
Re: Birch Heights Parking Analysis
Introduction
EPD Solutions, Inc. (EPD) has prepared this parking analysis to document the existing parking
requirements, quantify the existing parking demand, and determine whether adequate parking is
provided for Forever Ageless in the Birch Heights office complex. The Birch Heights office complex
is located at 20271 — 20321 SW Birch Street in the City of Newport Beach. The complex is
comprised of five buildings totaling 45,750 net (50,000 gross) square feet This analysis
specifically evaluates conversion of the first floor of the 20271 building from office use to medical
office use. This suite is currently entitled for office use, but is occupied by Forever Ageless, a
cosmetic medical office. There are 190 total parking spaces within the complex, of which six
spaces are reserved for handicapped persons. There are no other reserved spaces, which
maximizes the available parking supply within the Birch Heights office complex.
Previous Minor Use Permit Approval
A Minor Use Permit (MUP) was approved on October 24, 2012 allowing an increase in the square
footage of medical office within the complex from 5,000 square feet to 14,150 square feet. The
additional 9,150 net-square feet was allocated by the MUP in the following manner: 4,575 net
square feet to the first floor of the office-condominium located at 20311 SW Birch Street and the
remaining 4,575 net square feet within any of the office-condominiums within the complex. It
should be noted that the text of the MUP is not consistent when discussing square footage and
varies between net and gross square feet. To maintain consistency,the evaluation in this memo will
be based on net square feet, since this is how the parking requirement was calculated in the MUP.
Page 3 of Resolution No. ZA2012-038 provides a table outlining the parking requirements. The
first 40,750 net square feet are required to provide parking at a rate of 1 space per 250 net SF,
while the remaining 5,000 gross SF is required to provide parking at a rate of 1 space per 200
gross SF.
Table 1 (all tables provided at the end of this memo) shows the existing approved use for each
suite, along with the current tenant. As shown in the table,there is approximately 14,150 sf of
approved medical office space. Forever Ageless (a medical use) occupies Suite 100 of Building
20271, however this space is currently entitled for office use, and the parking for this suite is
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Birch Heights Office Complex
E I P I D SOLUTIONS, INC. Parking Analysis
calculated using the rate for office. The square footage and parking space calculation shown in
Table 1 are based on net SF.
Table 1 also indicates the currently approved parking rates for each suite. As shown in Table 1,
188 total spaces are required. This is consistent with the parking calculation on page 3 of
Resolution No. ZA2012-038. As noted in the introduction, there are 190 parking spaces within the
complex,therefore adequate parking is provided per the existing approval. If Suite 100 of
Building 20271 (Forever Ageless) was parked according to the City requirement for medical
office,then 23 spaces would be required for Forever Ageless, instead of 18. The total parking
requirement for the complex would increase to 193 parking spaces, which would not be satisfied
by the 190 existing parking spaces.
Existing Parking Demand
Parking surveys documenting the existing parking demand were conducted at the Birch Heights
office complex on Wednesday, October 10 and Thursday, October 11, 2018. The surveys were
taken on an hourly basis between 7:00 AM and 6:00 PM. The survey data is provided in Table 2.
As shown in the table, the maximum observed parking demand on either day was 146 vehicles,
leaving a surplus of 44 spaces during peak parking utilization. The existing tenants utilize parking
at a rate of 1 space per 314 occupied sf and occupy 42 fewer spaces than required by City
code. The survey data includes the parking demand for Forever Ageless, as this tenant is currently
occupying Suite 100 in Building 20271 and was in operation at the time of the survey. As noted
previously, when Forever Ageless is included as a medical office,the site would not satisfy the City
parking requirement. However, as demonstrated by the parking surveys,there is adequate
parking available on-site to accommodate the actual parking demand of the fully-occupied
complex, which includes Forever Ageless.
Conclusion
Forever Ageless, a cosmetic medical office,currently occupies 4,575 net square feet of office
space in the Birch Heights office complex located at 20271 — 20321 SW Birch Street in the City
of Newport Beach. The space is approved for business or professional office, which per City code
requires fewer parking spaces than medical office. When parking for the complex is calculated
according to City code requirements and previous approvals, 193 parking spaces would be
required. The complex currently has 190 parking spaces, which is adequate to meet the existing
observed parking demand of 146 vehicles, as surveyed on October 10, 2018. A change in the
approved land use for Suite 100 of Building 20271 from office to medical office would not affect
the existing observed parking demand, since Forever Ageless is already in operation and the
parking demand was captured in the parking survey. No parking deficiencies would be expected
as there would be no change in operation of any business on-site.
If you have any questions about this memo, please do not hesitate to contact me at (949) 794-
1186 or at meahan(d)eadsolutions.com.
Urban Planning ■ Due Diligence■ Entitlements■CEQA/NEPA■Development Services■Management■ Public Outreach
2030 Main Street,Suite 1200■ Irvine,CA 92614
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22
Birch Heights Office Complex
E I P I D SOLUTIONS, INC. Parking Analysis
Table 1 -Existing Approved Land Use and Parking (Proposed Medical Office Parking Rate for Forever Ageless)
Approved Approved Parking Existing Use Parking
Building Suite Size Land Use Tenant Parking Rate' Required Parking Rate Required
20271 100 4,575 Business Office2 Forever Ageless 1 sp/ 250 18.30 1 sp/ 200 22.88
200 4,575 Professional Office Akua Behavioral Health/Mind & Body- Drug Addiction Treatment 1 sp/ 250 18.30 1 sp/ 250 18.30
202 Business Office MondayOne-Real Estate Develoment office
20281 100 4,575 Business Office Law Offices 1 sp/ 250 18.30 1 sp/ 250 18.30
200 4,575 Business Office TAG/The Ankenbrandt Group 1 sp/ 250 18.30 1 sp/ 250 18.30
201 Business Office Navigators Print& Design, Inc.
20301 100 1,525 Medical Office Newport Plastic Surgery 1 sp/ 250 6.10 1 sp/ 250 6.10
101 1,525 Business Office ECN-Nonprofit 1 sp/ 250 6.10 1 sp/ 250 6.10
102 1,525 Medical Office La Boutique Med Spa 1 sp/ 250 6.10 1 sp/ 250 6.10
201 Business Office Advanced Environmental Controls
202 4,575 Business Office Citizens Business Finance, Inc. 1 sp/ 250 18.30 1 sp/ 250 18.30
203 Business Office BudTree Corp.
204 Business Office Net)(act, Inc.
20311 100 2,625 Professional Office Venice Sanchez & Ryan Wright(Psychiatry) 1 sp/ 250 10.50 1 sp/ 250 10.50
150 1,950 Medical Office Back to Basics Health &Wellness Center(Chiropractic) 1 sp/ 250 7.80 1 sp/ 250 7.80
200 4,575 Medical Office Dr. Semira Bayati Newport Plastique 1 sp/ 200 22.88 1 sp/ 200 22.88
210 Medical Office Pro Age-Medical &Aesthetics
20321 100 4,575 Medical Office William DeMoss Chiropractic 1 sp/ 250 18.30 1 sp/ 250 18.30
200 4,575 Professional Office Michael McKennon, CPA 1 sp/ 250 18.30 1 sp/ 250 18.30
Total Medical 14,150 Total 187.58 192.15
Total Office 31,600 Total Parking Required 188 193
45,750
Note, Square footages are estimated based on 4,575 net SF per floor.
SF=Square feet
119,150 sf of medical approved to use 1 sp/250 at per ZA2012-038.2nd floor of Building 20311 approved w ith rate of 1 sp/200 sf.
'Currently approved for business office,occupied by medical office.
'Using Medical Office rate for Forever Ageless
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2030 Main Street,Suite 1200 ■ Irvine,CA 92614
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�9
Birch Heights Office Complex
K I r 0 ISOLUT10Ne, INC. Parking Analysis
Table 2. Observed Parking Demand
Wednesday 10-10-18 Thursday 10-11.18
StartTime Regular Handicapped Total Regular Handicapped Total
7:00 AM 22 0 22 24 0 24
8:00 AM 50 0 50 63 0 63
9:00 AM 93 2 95 101 1 102
10:00 AM 133 1 134 132 0 132
11:00 AM 142 4 146 135 2 137
12:00 PM 135 2 137 124 1 125
1:00 PM 110 1 111 11.9 0 119
2:00 PM 136 1 137 126 0 126
3:00 PM 134 0 134 118 3 121
4:00 PM 128 0 128 115 3 118
5:00 PM 79 0 79 89 1 90
6:00 PM 48 0 48 44 0 44
Peak Demand 142 4 146 135 3 137
Parking Supply 184 6 190 184 6 190
Parking Surplus 42 2 44 49 3 53
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2030 Main Street,Suite 1200■ Irvine,CA 92614
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3o
Attachment No. PC 4
Project Floor Plan and Photographs
31
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PA2018-168 Attachment No. PC 4 - Project Floor Plan and Photographs
14' x15.6' 14' x15.6' 17' x14'
217sgft 217sgft 238sgft
Skincare Room A
Office
reatment Room 1 Treatment Room 2
Entry
Foyer
1 12' x14'
(TSI 6_x8__Z;q
6' x8' 6' x10' 168 sq ft
Reception Kx«ne95ik48 sq ft ; 60 sq ftSitting Storage Room
Oy AdminSitting-----' Area 1 ��
� l 1
--
Existing
1
6' X 8 Pony Walls
13' x 14' ll' Reception
182 sq ft i Desk
Existing co
Pony Wall Existing Existing ,
Office f—— Bathroom Bathroom Sitting Area i Utility/Unused Space
1 Reception Existing Existing
Desk Bathroom Bathroom
6' X 10'
6' x10'
60sgft 60 sq ft
,
`_____"' 1 Employee
T Existing Area
Exsr,n Pony Wallsl
Wet Ba
Existing
Bathroom �' II 14.6' x 15'. 15.6' x 15'
19'6" x18' 13'6" x15 13'6" x15' 217.5sgft 234sgft
351 sq ft 203 sq ft 203 so ft
_ L
_ Office
Treatment Room5 Skincare Room
Treatment RoomTreatment Room
B 4 3
FOREVER AGELESS, INC. FLOOR PLQ"
20271 SW Birch Street, Suite 100, Newport Beach,CA 92660 February 21, 20
PA2018-168 Attachment No. PC 4 - Project Floor Plan and Photographs
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RECEPTION SEATING AREA
34
PA2018-168 Attachment No. PC 4 - Project Floor Plan and Photographs
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35
PA2018-168 Attachment No. PC 4 - Project Floor Plan and Photographs
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30
PA2018-168 Attachment No. PC 4 - Project Floor Plan and Photographs
Q _
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BACK SEATING AREA-SHOWING EXISTING PONY WALLS (ACROSS FROM TREATMENT ROOM 3)
37
PA2018-168 Attachment No. PC 4 - Project Floor Plan and Photographs
e
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TREATMENT ROOM 4
32
PA2018-168 Attachment No. PC 4 - Project Floor Plan and Photographs
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SKINCARE ROOM 6
39
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PA2018-168 Attachment No. PC 4 - Project Floor Plan and Photographs
r
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TREATMENT ROOM 5 (SHOWING EXAMPLE OF INSTALLED CABINETS)
41
PA2018-168 Attachment No. PC 4 - Project Floor Plan and Photographs
BTIVANQu�s�ME
LOOK
EEL DIFFERENT
TREATMENT ROOM 5 —WET BAR (EXISTING)
42
Planning Commission-May 9,2019
Item No.4a Additional Materials Presented At Meeting
Dr.Cerni's Medical Office(PA2018-168)
Use Permit requested for:
Cqt/FO R�`P
4, 575 sq . ft . medical office use
., j
• 3 - space parking reduction
Dr. Cerni's
Medical - Parking demand study shows
20271. Birch St., Ste. • , adequate on - site parking
PA2o-18-i.68
Community Development Department- Planning Division i