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HomeMy WebLinkAbout1653 - APPROVE UP_20280 ACACIA STREETRESOLUTION NO. 1653 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -041 FOR PROPERTY LOCATED AT 20280 ACACIA STREET (PA2004 -238). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Biosensors International with respect to property located at 20280 Acacia Street, Suite 100, requesting approval of Use Permit No. 2004 -022 to permit a 4,077 square foot research and development facility within an existing facility. WHEREAS, a public hearing was held on December 9. 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, Califomia. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the property is designated Administrative, Professional and Financial Commercial by the General Plan Land Use Element and is located within Business Park district of the Santa Ana Heights Specific Plan. WHEREAS, the Planning Commission finds as follows: 1. The Santa Ana Heights Specific Plan designates the site as Business Park, which allows the site to be used for administrative offices, commercial uses and uses related to product development. 2. The proposed use will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. The research and development use will be located entirely within an existing office building. b. The site is surrounded on all sides by properties zoned for Business Park uses. C. The existing office building was approved for general office use. The proposed research and development facility has a lower parking requirement and lower traffic generation ratio than general office use Therefore the research and development facility will have no traffic or parking impact beyond what was allowed under the use permit for the existing structure.. d. The research and development activities are minor in nature and consist primarily of the design and testing of small medical devices. No manufacturing will take place at the site and no excessive noise or noxious odors will be Planning Commission Resolution No. Pape 2 of 3 generated by the facility. No biological hazards will exist at the site and no hazardous chemicals will be used beyond those typically used for cleaning and sterilization. 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. The project consists of minor interior modifications an existing office building and a change of use consistent with uses permitted within the applicable zoning regulations. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2004 -041, subject to the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 9th DAY OF DECEMBER 2004. AYES: Eaton, Cole, Toerge, Tucker, Selich, McDaniel and Hawkins ABSENT: None NOS None BY: '0 ? �f Larry Tucker, Chairman BY: �� Cole, Secretary Planning Commission Resolution No. Paae 3 of 3 EXHIBIT "A" Conditions of Approval, Use Permit No. 2004 -041 1. Use Permit No. 2004 -022 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 2. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 3. Restroom and plumbing fixtures shall be provided in accordance with Building Department and Uniform Plumbing Code requirements. 4. Any change in operational characteristics, expansion in area, modification to the approved plans or change of use shall require the prior review and approval by the Planning Director. An amendment to this Use Permit or the processing of a new Use Permit may be required if the Planning Director determines that the changes are not consistent with the plans or uses authorized pursuant to this use permit. 5. 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. 6. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 7. Should the business or property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current business owner and or property owner. 8. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation, which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 9. The subject R & D facility shall be in substantial conformance with the approved site plan dated August 10, 2004 and floor plan dated March 31, 2004. 10. All employees are required to park on site. 11. Storage outside of the building shall be prohibited. 12. A maximum of 4,077 square feet of research and development use is authorized to operate at the subject property. Should the authorized use cease to operate for a period of 180 days, the use permit shall expire pursuant to Chapter 20.91 of the Newport Municipal Code.