HomeMy WebLinkAbout06_Regenerative Institute of Newport Beach Minor Use Permit_PA2020-338CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 25, 2021
Agenda Item No. 6
SUBJECT: Regenerative Institute of Newport Beach (PA2020-338)
Minor Use Permit No. UP2020-188
SITE LOCATION: 20341 Birch Street, Building C, Suite 110
APPLICANT: Knitter Partners International
OWNER: Birch Street Holding
PLANNER: Afshin Atapour, Planning Technician
949-644-3212 or aatapour@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: CO-G (General Commercial Office)
Zoning District: SP-7, BP (Santa Ana Heights Specific Plan, Business Park Area)
PROJECT SUMMARY
A Minor Use Permit to allow 4,884 square feet of medical office use to relocate on the
first floor within an existing three floor, 20,643-square-foot office building. The remaining
15,759 square feet shall remain dedicated to the current office tenants. Parking is shared
between three buildings located at 20341 Birch Street, 20322 Acacia Street, and 20342
Acacia Street, consistent with the original site design.
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,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. __ approving Minor Use Permit No.
UP2020-188 (Attachment No. ZA 1).
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Regenerative Institute of Newport Beach (PA2020-338)
Zoning Administrator, February 25, 2021
Page 2
DISCUSSION
The site is within an existing office building located between Birch and Acacia
Streets. The site and neighboring properties are located in the Business Park land
use area within the Santa Ana Heights Specific Plan District (SP-7, BP), which
allows medical office uses with approval of a minor use permit.
The site is in the General Commercial Office (CO-G) designation of the General
Plan, which provides for the development of various office-uses, including medical
office uses.
The Regenerative Institute of Newport Beach is a medical use that offers advanced
pain-relieving treatments to their patients. A minor use permit is required when a
change or intensification of use is being proposed in the Santa Ana Heights
Specific Plan District.
The property is a multi-use office building consisting of three floors. Each floor
consists of approximately 6,881 square feet of floor area (total 20,643 square feet).
Regenerative Institute of Newport Beach currently occupies Suite 230 of the
second floor, which consists of 2,637 square feet and plans to move to Suite 110
of the first floor, which consists of 4,884 square feet. The remaining suites in the
building are currently general office tenants. Parking is provided within a shared
surface level parking lot that serves three buildings (20341 Birch Street, 20322
Acacia Street, and 20342 Acacia Street) There are currently 172 parking spaces
within the shared surface lot.
Building A consist of 11,003 square feet, Building B consists of 11,003 square feet,
and Building C consists of 20,643 square feet, which totals 42,649 square feet.
Pursuant to Table 3-10: Off-Street Parking Requirements of the Zoning Code, the
42,649 square feet of floor area requires 171 parking stalls to be shared between
the three buildings.
USE FLOOR AREA PARKING SPACES
Offices*Business, Corporate,
General, Governmental
Per Zoning Code: 1st 50,000 sq ft:
Not more than 20% medical office uses
42,649 sq ft
(42,649 sq ft / 250 sq ft)
= 171 Required
172 Provided
(166 standard, 6 ADA)
As shown in the table above, all parking will be provided on-site consistent with the
requirements of Zoning Code. The proposed use falls within the 20 percent of
medical uses allowed within office buildings pursuant to the Zoning Code parking
standard.
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Regenerative Institute of Newport Beach (PA2020-338)
Zoning Administrator, February 25, 2021
Page 3
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 allows a minor change in use from general
office use to medical office use within an existing multi-use office building and involves
issuance of building permits for interior tenant improvements.
PUBLIC NOTICE
Notice of this application 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 hearing, consistent with the provisions of the NBMC. Additionally,
the item appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR
USE PERMIT NO. UP2020-118 TO ALLOW 4,884 SQUARE FEET
OF MEDICAL OFFICE USE TO RELOCATE ON THE FIRST
FLOOR WITHIN AN EXISTING THREE FLOOR, 20,643-
SQUARE-FOOT OFFICE BUILDING AT 20341 BIRCH STREET,
SUITE 110. THE REMAINING 15,759 SQUARE FEET SHALL
REMAIN DEDICATED TO GENERAL OFFICE TENANTS.
PARKING IS SHARED BETWEEN THREE BUILDINGS
LOCATED AT 20341 BIRCH STREET, 20322 ACACIA STREET,
AND 20342 ACACIA STREET, CONSISTENT WITH THE
ORIGINAL SITE DESIGN. (PA2020-338)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Knitter Partners International (Applicant), with respect to
property located at 20341 Birch Street, and legally described as Parcel 3 of Parcel Map
2003-203, as recorded in Book 340, Pages 6 and 7 of Parcel Maps, requesting approval
of a Minor Use Permit.
2. The applicant proposes a Minor Use Permit to allow the utilization, of a portion of an
approved multi-use building, to accommodate 4,884 square feet of medical office use
on the first floor within the existing three (3) floor, 20,643-square-foot building. The
remaining 15,759 square feet shall remain dedicated to the current office uses.
Parking will be shared between all three buildings on the site and consistent with
Zoning Code requirements. Parking is shared between three buildings located at
20341 Birch Street, 20322 Acacia Street, and 20342 Acacia Street, consistent with the
original site design.
3. The subject property is located within the Santa Ana Heights Specific Plan, Business
Park (SP-7, BP) Zoning District and the General Plan Land Use Element category is
General Commercial Office (CO-G).
4. The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5. A public hearing was held online on February 25, 2021, observing restrictions due to
the Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. 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.
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Zoning Administrator Resolution No. ZA2021-###
Page 2 of 6
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, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The project allows a minor change in use from general office use to medical office use
within an existing multi-use office building and involves issuance of building permits for
interior tenant improvements.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020F (Required Findings) of the Newport Beach Municipal
Code, 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 office-condominium complex has a General Plan land use designation of General
Office Commercial (CO-G), which is intended to provide for administrative,
professional, and medical offices with limited accessory retail and service use. The
change of use from general office to medical office use is consistent with this
designation.
2. The site is located in the Santa Ana Heights Specific Plan zoning district within the
Business Park sub-area (SP-7, BP). Medical office uses are allowed within this zoning
district with approval of a minor use permit.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Fact in Support of Finding:
1. Medical office uses are allowed within the Business Park area of the Santa Ana
Heights Special Plan District (SP-7, BP) with approval of a minor use permit. The
Regenerative Institute of Newport Beach is a medical use that offers advanced pain-
relieving treatments to their patients.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
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Zoning Administrator Resolution No. ZA2021-###
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Facts in Support of Finding:
1. Medical office uses are allowed in this area with approval of a minor use permit.
Development on the subject site and surrounding properties consist of office buildings
developed for various office uses.
2. The property is a multi-use office building consisting of three floors. Each floor consists
of approximately 6,881 square feet of floor area (total 20,643 square feet).
Regenerative Institute of Newport Beach currently occupies Suite 230 of the second
floor, which consists of 2,637 square feet and plans to move to Suite 110 of the first
floor, which consists of 4,884 square feet. The remaining suites are currently general
office tenants. Parking is provided within a shared surface level parking lot that serves
three buildings (20341 Birch Street, 20322 Acacia Street, and 20342 Acacia Street)
There are currently 172 parking spaces within the shared surface lot.
3. Building A consists of 11,003 square feet, Building B consists of 11,003 square feet,
and Building C consists of 20,643 square feet, which totals 42,649 square feet.
Pursuant to Table 3-10: Off-Street Parking Requirements of the Zoning Code, the
42,649 square feet of floor area requires 171 parking stalls to be shared between the
three buildings. There are currently 172 parking spaces existing on the site and up to
20 percent of the office buildings can be utilized for medical office uses. The proposed
medical office use falls within this 20 percent limitation.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding:
1. The subject site is located between Birch and Acacia Streets in the Business Park
area of the Santa Ana Heights Specific Plan District. The surrounding area consists of
properties developed for various office uses.
2. The property is a multi-use office building consisting of three floors. Each floor consists
of approximately 6,881 square feet of floor area (total 20,643 square feet).
Regenerative Institute of Newport Beach currently occupies Suite 230 of the second
floor, which consists of 2,637 square feet and plans to move to Suite 110 of the first
floor, which consists of 4,884 square feet. The remaining suites in the building are
currently general office uses. Parking is provided within a shared surface level parking
lot that serves three buildings (20341 Birch Street, 20322 Acacia Street, and 20342
Acacia Street) There are currently 172 parking spaces within the shared surface lot.
3. Tenant improvements to the existing general office space will require a building permit.
All Fire and Building Code regulations will be verified during the plan check process.
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Zoning Administrator Resolution No. ZA2021-### Page 4 of 6
4. There is adequate access on the site for fire and medical emergency vehicles from
Birch Street and Acacia Street. Finding:
E. The Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare
of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The proposed medical office use fits well with the existing medical and general office uses on the site and in the surrounding vicinity.
2. Adequate parking exists to accommodate the medical office use square footage.
3. Any tenant improvements for the proposed medical use will be minor in nature and will not impact the overall operation of the existing general office and medical office uses on the site.
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. UP2020-188, 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 after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2021.
_____________________________________
Jaime Murillo
Zoning Administrator
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EXHIBIT
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 Use
Permit.
4. The Zoning Administrator may add to or modify the conditions of this Use Permit
approval; or they may revoke this permit 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.
5. Any expansion in area approved for medical office use shall require an amendment to
this Use Permit or the processing of a new use permit.
6.
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
7. The total number of parking spaces provided for all uses on site will be consistent with
requirements of the Zoning Code. A minimum of 171 parking spaces shall be provided
on-site.
8. Fair share fees to convert square footage from general office to medical office use
shall be calculated at plan check and paid prior to building permit issuance. The
applicant shall receive a credit for relocated medical floor area within the same
building.
Building Division
9. The applicant is required to obtain all applicable permits from the City 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.
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Zoning Administrator Resolution No. ZA2021-###
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10. Prior to issuance of building permits for tenant improvements, the project plans shall
identify whether Regenerative Institute of Newport Beach will be OSPHD 3 licensed.
11. Prior to issuance of building permits for tenant improvements, the project plans shall
specify type of service/procedure being provided that will not have non-ambulatory
patient per response.
Fire Department
12. Prior to issuance of building permits for tenant improvements, the applicant shall submit a
deferred submittal and obtain approval for the fire sprinkler and fire alarm system.
Miscellaneous
13. 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.
14. 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 Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
15. 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, attor
every kind and nature whatsoever which may arise from or in any manner relate (directly
Regenerative Institute of Newport Beach
including, but not limited to UP2020-188 (PA2020-338). 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit No. UP2020-188
PA2020-338
20341 Birch Street, Suite 110
Subject Property
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Attachment No. ZA 3
Project Plans
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