HomeMy WebLinkAboutZA2020-032 - APPROVING MINOR USE PERMIT NO. UP2020-002 FOR A FOR A DENTAL OR MEDICAL OFFICE LOCATED AT 20361 IRVINE AVENUE, UNIT B1 (PA2020-009)RESOLUTION NO. ZA2020-032
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR
USE PERMIT NO. UP2020-002 FOR A FOR A DENTAL OR
MEDICAL OFFICE LOCATED AT 20361 IRVINE AVENUE, UNIT
B1 (PA2020-009)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Buchanan Street Partners (on behalf of the property owner
The Jetty Newport Beach LLC) (Applicant), with respect to property located at 20361
Irvine Avenue, Unit B1, and legally described as Parcel 1 of Parcel Map No 269-39 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 (Property), requesting approval of a minor use permit.
2. The Applicant proposes to operate an approximately 2,721 square-foot dentist office (i.e.,
a medical office land use) within The Jetty, an existing professional office park. The
practice will provide standard, nonsurgical, dental procedures and is anticipated to see
seven (7) to eight (8) patients a day for an average visit of 45 minutes. The facility will
operate from approximately 9 a.m. to 5 p.m., Monday through Friday.
3. The Property is designated General Commercial Office (CO-G) by the City of Newport
Beach 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; therefore, a coastal development
permit is not required.
5. A public hearing was held on April 16, 2020 conducted in the Community Room at 100
Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing
was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence,
both written and oral, was presented to, and considered by, the Zoning Administrator at
this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. 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, Division 6, Chapter 3.
2. The Class 1 exemption authorizes the operation, repair, maintenance and minor
alterations of existing buildings. The proposed use will be located within an existing
development and only minor alterations will be required to accommodate the new use.
Zoning Administrator Resolution No. ZA2020-032
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The 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 dental office is considered a medical office use and allowed under the existing
General Plan designation. The proposed dental 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 Property is located within the Santa Ana Heights Specific Plan (SP -7) and within
the Professional and Administrative (PA) Office District. While a dental or medical office
use is not specifically listed within SP-7/PA as an allowed use subject to approval of a
minor use permit, a Director’s Determination (DD2020-001) has been made that medical
office uses, and similar uses, are consistent with the purpose and intent of the PA District
and are therefore allowable subject to approval of a minor use permit.
3. The PA District is established to provide for the development and maintenance of an
optimal environment for moderate intensity professional and administrat ive 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 resid ential uses. The Project
would occupy an existing office space and would operate similarly 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 dental office an ticipates a maximum
of eight (8) patients per day.
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. All Facts in Support of Finding A are hereby incorporated by reference.
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2. Tenant improvements to the existing tenant space are interior and will require the
issuance of applicable building permits. No changes to the existing building footprint
are proposed.
3. Pursuant to NBMC Section 20.40.040 (Off-Street Parking Spaces Required), of the first
50,000 square feet of an office park 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 of the office park, share identical parking requirements. The existing office
park has a gross floor area of 83,688 square feet and a net floor area of 80,289 square
feet. The proposed dental office, combined with all previously approved medical uses,
totals 13,231 square feet of net floor area, which is approximately 16 percent net floor
area of the office park. Therefore, the proposed dental or medical office shares an
identical parking requirement as an office use and no additional parking is required for
the change in use.
4. The Jetty consists of six (6) buildings with an aggregate floor area of approximately
80,289 square feet. Approximately 77,354 square feet of The Jetty is office uses
(including the existing and proposed medical office uses) and require 292 parking
spaces. The remaining 2,935 square feet is occupied by a tutoring center, which was
approved by a use permit (Conditional Use Permit No. UP2015-015). The tutoring center
use requires 27 spaces based on the requirement of one space per peak staff, however
18 required spaces were waived as part of the approval. Parking is sufficient for the
entire office park as 301 spaces are required and 301 spaces are provided.
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 dental or medical office land use within The Jetty, which already
contains a mix of professional and administrative offices, support uses, as well as a
tutoring center. Based on the Project description and operational attributes, it is
expected to operate in a manner compatible with other tenants and land uses in the
building and office park. Any change in the proposed operational characteristics,
expansion in area, or other modification to the approved plans shall require subsequent
review and approval by the Planning Division.
2. The Jetty abuts residential uses to the north and west. The subject building (Building B)
is located near the center of the Property. The dental or medical office would utilize
standard business hours, and conduct business on an appointment only basis. The
dental or medical office is anticipated to operate similarly to a typical office space and
would not impact residential uses to the north and west.
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3. Adequate parking exists to the support the Project, as discussed in Facts in Support of
Finding B.3 and B.4.
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. All proposed tenant improvements, with exception of signage, would be limited to the
inside of the existing office building and would not affect pedestrian circulation, parking
spaces, or access to existing tenants.
2. Three other medical office land uses have been previously reviewed and approved by
the Planning Commission (in 2017, 2019, and 2020) prior to the Director’s Determination
that this use is allowable with a minor use permit . Based on the hours of operation,
limited number of patients, small scale, and moderate intensity of the use, the Project is
anticipated to operate similarly to adjacent uses and is therefore physically suitable for
the office park.
3. Emergency access to the Property is currently provided by a single drive approach from
Irvine Avenue. Access through the site is provided by a large surfa ce parking area with
drive aisles that are at least 24 feet in width. No changes to emergency access are
proposed and onsite circulation would not change as part of the Project.
4. The Property, including the subject tenant space, is adequately served by public
services and utilities.
5. The design of the improvements will comply with all Building, Public Works, and Fire
Codes, and plans will be reviewed prior to the issuance of building permits.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, 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 dental or medical 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.
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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.
3. The hours of operation are compatible with the other offices in The Jetty.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor
Use Permit No. UP2020-002, subject to the conditions set forth in Exhibit “A,” which is
attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code .
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2020.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Minor
Use Permit.
4. Any proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the Property and provisions of NBMC Chapter 20.42 (Sign Standards).
5. Minor Use Permit No. UP2020-002 shall expire unless exercised within 24 months from
the date of approval as specified in NBMC Section 20.54.060 (Time Limits and
Extensions), unless an extension is otherwise granted.
6. Prior to the issuance of a building permit, applicable Fair Share Traffic Fees shall be paid
to convert the space from office to medical office in accordance with NBMC Chapter 15.38
(Fair Share Traffic Contribution Ordinance). The Applicant shall be credited for the existing
office use and shall pay the net difference for the medical office use. The fees shall be
consistent with those in effect at the time the building permit is issued.
7. This Minor Use Permit may be modified or revoked by the Zoning Administrator 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 maintaine d so as to
constitute a public nuisance.
8. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and approval by the Planning
Division and may require an amendment to this Minor Use Permit or the processing of
a new Minor Use Permit.
9. 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.
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10. 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.
11. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
12. Construction activities shall comply with NBMC Section 10.28.040 (Construction Activity
– Noise Regulations), 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.
13. No outside paging system shall be utilized in conjunction with this establishment.
14. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure or otherwise screened from view of neighboring properties, except when
placed for pick-up by refuse collection agencies.
15. Trash receptacles for patrons shall be conveniently located both inside or outside of the
establishment, however, not located on or within any public property or right-of-way.
16. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
17. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
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 Minor Use Permit .
19. 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.
20. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on -site
media broadcast, or any other activities as specified in the NBMC to require such
permits.
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21. 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 Planning and Zoning.
22. 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 Buchanan Street Partners Medical/Dental Office including, but not limited to,
Minor Use Permit No. UP2020-002 (PA2020-009). This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees,
and other expenses incurred in connection with such claim, action, causes of action, suit
or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing
such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this 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
23. 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. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.