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HomeMy WebLinkAboutPC2019-011 - APPROVING CONDITIONAL USE PERMIT NO. UP2018-016 TO WAIVE APORTION OF THE OFF-STREET PARKING REQUIREMENTS AND ALLOW THE CONTINUED OPERATION OF A MEDICAL OFFICE LOCATED AT 20271 BIRCH STREET, SUITE 100RESOLUTION 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 th is 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)'ofthe 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. Planning Commission Resolution No. PC2019-011 Page 2 of 8 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: 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 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-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. 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. 01-25-19 Planning Commission Resolution No. PC2019-011 Page 3 of 8 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 g~oss 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 jn an overall proposed deficiency of 3 spaces. NBMC Section 20.40.11 0(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 20.40.11 0(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. 01-25-19 Planning Commission Resolution No. PC2019-011 Page 4 of 8 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 01-25-19 Planning Commission Resolution No. PC2019-011 Page 5 of 8 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 9TH DAY OF MAY, 2019. AYES: Weigand, Lowrey, Koetting, Kramer NOES: ABSTAIN: Planning Commission Resolution No. PC2019-011 Page 6 of 8 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 01-25-19 Planning Commission Resolution No. PC2019-011 Page 7 of 8 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, 01-25-19 Planning Commission Resolution No. PC2019-011 Page 8 of 8 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 /ess-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 Owner/Operator 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