HomeMy WebLinkAbout20200220_PC_MinutesITEM NO. 3 BONAKDAR INSTITUTE (PA2019-171)
Site Location: 20321 Irvine Avenue, Unit F3
Summary:
Planning Commission Minutes
February 20, 2020
A conditional use permit to operate a 3,314-square-foot medical office that provides nonsurgical aesthetic
treatments focusing on facial and body contouring.
Recommended Action:
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;
3. Adopt Resolution No. PC2020-005 approving Conditional Use Permit No. UP2019-045; and
4. Direct the Community Development Director to prepare a Determination that medical office uses
and similar uses are consistent with the purpose and intent of the SP-7/PA district and are,
therefore, allowable.
Assistant Planner Joselyn Perez reported the project is located on Irvine Avenue, across the street from the
Newport Beach Golf Course, and is abutted by residential uses. The site is zoned Santa Ana Heights Specific
Plan -Professional and Administrative Office (SP-7/PA). The zoning district permits no uses by right; rather, the
Zoning Code contains a list of allowable uses that are subject to the approval of a minor use permit. Professional
and administrative office is a part of the list, but medical office is not; however any use which the Planning
Commission finds consistent with the purpose and intent of this district is permitted subject to the Planning
Commission's approval of a use permit. The Planning Commission approved similar applications in 2017 and
2019. The applicant proposes to operate a 3,314-square-foot medical office between the hours of 9 a.m. and 5
p.m. Monday through Friday with two employees and adequate parking. The office complex is required to provide
301 parking spaces, which it provides. The main floor accommodates a reception area and four treatment rooms,
and the upper level accommodates administrative space only. The project is conditioned to permit only
administrative space on the upper level because there is no accessible elevator. Staff believes the use is
consistent with the Zoning Code and compatible with surrounding uses; the site is adequate for the use; and
approving the use will not be detrimental to the area. A Determination by the Community Development Director
will allow the Zoning Administrator to hear future applications for medical office uses.
In reply to Chair Koetting's inquiries, Deputy Community Development Director Campbell advised that during site
visits, staff did not observe any issues with parking. Staff provided notice of the application to property owners in
the area. With Planning Commission approval, the Director's Determination would find that a medical office is
consistent with the purpose and intent of the district. A hearing before the Zoning Administrator rather than the
Planning Commission saves the applicant time and money. Should future changes in uses cause a shortfall in
parking, the issue would be presented to the Planning Commission for review.
In answer to Vice Chair Weigand's question, Deputy Community Development Director Campbell indicated a
definition of uses will be included in the Determination, which will be provided to Commissioners. Staff is currently
planning to define uses as small-scale facilities such as a chiropractic office, outpatient surgery center, and
cosmetic treatment facility. Vice Chair Weigand preferred the Planning Commission review applications for
facilities that involve large numbers of patients that might disrupt surrounding businesses. Assistant City Attorney
Yolanda Summerhill added that staff will ensure the definition is consistent with state and federal law and
addresses his concerns.
Secretary Lowrey disclosed a conversation with the applicant. Vice Chair Weigand, Chair Koetting, and
Commissioners Ellmore, Klaustermeier, and Rosene disclosed no ex parte communications.
Chair Koetting opened the public hearing.
Phil Greer, applicant's attorney, explained that a medical facility with a large number of patients is not feasible in
the office complex because of Code restrictions. The proposal is a low-key medical facility that provides outpatient
services.
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Planning Commission Minutes
February 20, 2020
In reply to Chair Koetting's query, Mr. Greer advised that the number of patients per day will be five to seven.
Jim Mosher noted the Planning Commission can call for review an application heard by the Zoning Administrator.
Perhaps the Planning Commission should determine whether a zoning district within the Santa Ana Heights
Specific Plan allows medical uses. A future owner of the facility could operate it at a much higher volume of
patients because the use permit runs with the land.
Chair Koetting closed the public hearing.
In response to Vice Chair Weigand's inquiry, Deputy Community Development Director Campbell indicated the
Director's Determination would apply to the subject office complex only, which is designated Professional and
Administrative Office (PA) within the Santa Ana Heights Specific Plan. The Business Park designation (BP) within
the Santa Ana Heights Specific Plan is already appropriate for medical office uses.
Chair Koetting remarked that parking requirements for medical office uses are too low, and staff should review the
standards.
Motion made by Commissioner Klaustermeier and seconded by Secretary Lowrey to adopt Resolution No.
PC2020-005 approving Conditional Use Permit No. UP2019-045; and direct the Community Development
Director to prepare a Determination that medical office uses and similar uses are consistent with the purpose
and intent of the SP-7/PA district and are, therefore, allowable.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Rosene
NOES:
ABSTAIN:
ABSENT:
ITEM NO. 4
Kleiman
ACCESSORY DWELLING UNIT ORDINANCE (PA2019-248)
Site Location: Citywide
Summary:
Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan)
updating regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units
(JADU) to conform with revisions to Government Code Sections 65852.2 and 65852.22 that went into
effect on January 1, 2020.
Recommended Action:
1. Conduct a public hearing;
2. Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding
second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code
are exempt from the requirements of CEQA;
3. Adopt Resolution No. PC2020-006 recommending the City Council approve Zoning Code
Amendment No. CA2019-009 modifying regulations pertaining to accessory dwelling units; and
4. Adopt Resolution No. PC2020-007 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2019-008 to the California Coastal Commission.
Planning Consultant Blumenthal reported as of January 1, 2020, the City's existing accessory dwelling unit
(ADU) Ordinances were voided by new state laws; therefore, the State's minimum default standards apply until
the City adopts an ordinance compliant with state laws. In explaining the difference between ADUs and junior
accessory dwelling units (JADU), he noted ADUs are allowed in all residential and mixed-use zones. The
maximum size for an ADU is 850 square feet for a one-bedroom unit and 1,000 square feet for a two-bedroom
unit. Existing space within a residence can be converted to an ADU or an ADU can be new construction. The
State has waived all owner occupancy requirements until January 1, 2025. An ADU may be rented separately
from the main dwelling, but it cannot be sold separately from the main dwelling. An ADU is considered a
separate unit for application of the Building Code. JADUs are single-family units with a maximum size of 500
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