Loading...
HomeMy WebLinkAbout1664 - APPROVE UP AND TS_20162 BIRCH STREETRESOLUTION NO. 1664 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -046 AND TRAFFIC STUDY NO. 2004 -006 FOR PROPERTY LOCATED AT 20162 BIRCH STREET (PA2004 -257). WHEREAS, an application was filed by Birch Medical Office Center regarding a property located at 20162 Birch Street requesting approval of Use Permit No. 2004 -046 to convert a portion of an existing office building to be used for medical office uses and approval of Traffic Study No. 2004 -006 pursuant to the Traffic Phasing Ordinance. WHEREAS, a public hearing was held on April 21, 2005 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. Now, therefore the Planning Commission hereby resolves as follows: Section No. 1: The Planning Commission makes the following findings: 1. The Land Use Element of the General Plan designates the site for Administrative, Professional and Financial. Medical office uses are permitted uses within this category. 2. The project will not be detrimental to the public health, safety, peace, 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 proposed medical use is located in an area designated as Business Park by the Santa Ana Heights Specific Plan district, which is a professional business office designation. The existing office building was originally constructed in compliance with all applicable development regulations related to setbacks, building height, floor area, and has not proven to conflict with surrounding uses or proven inconsistent with the APF zoning district. Medical office uses are consistent with this zoning designation and it is not likely the use will prove inconsistent with the surrounding area. b. The medical office use is consistent with the Administrative, Professional and Financial Commercial General Plan Land Use designation and the purpose of the Santa Ana Heights (Business Park) Specific Plan. The office development is located in an existing office building along a portion of Birch Street developed with similar sized office buildings. The operational characteristics and function of the proposed medical office use will be located entirely within the building. The professional medical office uses will have typical business hours and will not function as a clinic or emergency medical facility. The existing office building has not proven to be detrimental to the surrounding area or the City, nor is it anticipated that the proposed use will be detrimental. City of Newport Beach Planning Commission Resolution No. _ Page 2 of 4 A traffic study, entitled Traffic Analysis for Birch Street Medical Office Conversion (Austin - Foust Associates, Inc. January 28, 2005), was prepared for the project in compliance with Chapter 15.40 of the Municipal Code (Traffic Phasing Ordinance). a. The proposed office conversion of up to 18,855 square feet of medical office use is expected to generate 680 new daily trips with 20 new trips during the moming, and 59 new trips during the evening peak hour. b. The traffic study determined that the project will contribute less than a 1 % increase in traffic at eight (8) of the eleven (11) intersections examined and therefore no mitigation is required for those. c. The traffic study determined that the project will not cause the level of service to decline at the remaining three (3) intersections where there will be an increase of more than 1% in traffic volume based on the ICU Analysis, and therefore, no mitigation is required. 3. The project is exempt from environmental review pursuant to Section 15302 (Class 1) of the implementing guidelines of the California Environmental Quality Act. This exemption covers interior alterations to existing private buildings. The interior alterations and parking lot changes at the property are minor, and the site has no significant environmental resources that would be impacted by the construction and operation of the project. Section No. 2: The Planning Commission of the City of Newport Beach hereby approves Use Pen-nit No. 2004 -046 and Traffic Study No. 2004 -006, subject to the conditions set forth in Exhibit "A ", the plans dated April 14, 2005. Section No. 3: This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal to the City Council is filed with the City Clerk in accordance with the provisions of Chapter 20.95 (Appeals) of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 215' DAY OF APRIL 2005. AYES: Eaton, Cole, Tucker, Selich McDaniel and Hawkins ABSENT: Toerge BY: Larry Tucker, Chairman BY: Je cretary City of Newport Beach Planning Commission Resolution No. Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004 -046 and TRAFFIC STUDY 2004 -006 1. The development shall be in substantial conformance with the site plan, floor plan and elevations dated April 14, 2005. 2. Use Pen-nit No. 2004 -046 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. 3. This Use Permit may be modified or revoked by the City Council or 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. 4. Traffic Study No. 2004 -006 shall expire unless exercised within 24 months from the date of approval pursuant to Section 15.40.035 of the Newport Beach Municipal Code. This approval shall be deemed exercised by the issuance of a building permit to construct the proposed office building. 5. Pursuant to the Traffic Phasing Ordinance, construction of the proposed medical offices shall be completed no more than 60 months from the date of final approval of Traffic Study No. 2004 -002. 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. The applicant is required to obtain all applicable pen-nits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 8. Any change in operational characteristics, expansion in area, or modification to the floor plan, may require an amendment to this Use Permit or the processing of a new Use Permit. 9. The applicant shall comply with all applicable 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. 10. A minimum of 122 parking spaces, including handicapped spaces, shall be provided. City of Newport Beach Planning Commission Resolution No. _ Page 4 of 4 11. All trash shall be stored within the building or within dumpsters stored within the existing trash enclosure, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. Trash collection should be scheduled outside working hours so that the door swing will not impede entry/exiting from the adjacent parking stall. 12. Prior to issuance of a Building Permit, the proposed use shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. 13. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect should the parking lot modifications require changes to the existing landscaping. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 14. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 15. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 16. Prior to the issuance of building permits, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. The location, number as dimensions of the parking spaces shall be in substantial conformance with the approved site plan dated April 14, 2005. 17. Delivery vehicles shall not park on any public right of way while making deliveries to the site. 18. Outpatient surgery suites are not permitted in this building.