HomeMy WebLinkAboutZA2012-038 Birch Heights Professional Condominiums Minor Use PermitRESOLUTION NO. ZA2012 -038
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012 -019 TO REPLACE UP2005 -024 (PA2005 -111) TO
INCREASE THE SQUARE FOOTAGE ALLOWED FOR MEDICAL
OFFICE USE FROM 5,000 SQUARE FEET TO 14,150 SQUARE
FEET WITHIN THE EXISTING FIVE - BUILDING, OFFICE -
CONDOMINIUM DEVELOPMENT LOCATED AT 20321, 20311,
20301, 20281, AND 20271 SW BIRCH STREET. PARKING
PROVIDED WILL BE CONSISTENT WITH ZONING CODE
REQUIREMENTS. (PA2012 -112)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Aliece Pickett, with respect to property located at 20311 SW
Birch Street, and legally described as Parcel 1 of Parcel Map 89 -341, as recorded in
Book 268, Page 37 requesting approval of a Minor Use Permit.
2. The property is an office complex consisting of five, two -story buildings constructed in
a "U- shape" around an open area facing Birch Street. The floors of the buildings (10)
are individually owned office - condominiums. Each floor consists of approximately
4,575- net - square -feet of floor area (total 45,750 net square feet). Pursuant to Use
Permit No. UP2005 -024 (PA2005 -111), approved in 2005, the second floor of the
property located at 20311 SW Birch Street (5,000 gross square feet) is currently used
for medical office use. The remaining office - condominiums are currently general office
uses. Parking is provided within shared parking areas below each building and within
the open area of the "U- shape" facing Birch Street. There are currently 189 parking
spaces existing on the site.
3. The applicant proposes a Minor Use Permit to amend UP2005 -024 (PA2005 -111) to
increase the square footage allowed for medical office use from 5,000 square feet to
14,150 square feet within the existing five building, office - condominium complex.
Parking provided will be consistent with Zoning Code requirements.
4. Pursuant to Section 20.40.05, Table 3 -10: Off - Street Parking Requirements of the
Zoning Code, the additional 9,150- net - square -feet of floor area requested is equal to
20 percent of the net square footage of floor area of the five building, office -
condominium complex that may be used for medical office use.
5. Of this total, 4,575- net - square -feet of floor area would be allocated to the first floor
office - condominium located at 20311 SW Birch Street. The remaining 4,575 -net-
square -feet of floor area would be allowed within any of the office - condominiums
located in the office complex. All parking will be provided on -site consistent with the
requirements of Zoning Code.
Zoning Administrator Resolution No. ZA2012 -038
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6. 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).
7. The subject property is not located within the coastal zone.
8. A public hearing was held on October 24, 2012 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
1. The subject project qualifies for Class 1 (Existing Facilities) categorical exemption,
Section 15301 of the California Environmental Quality Act.
2. The project would allow a minor change in use from general office use to medical
office use within an existing, office - condominium development. The change could
involve issuance of building permits for interior tenant improvements requiring minimal
construction.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020F 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 District within the Business
Park area (SP -7, BP). Medical office uses are allowed within this area 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.
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Facts 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.
2. In 2005, Use Permit UP2005 -024 was approved to allow 5,000 - gross- square -feet of
medical office uses within the 45,750- net - square -foot, office - condominium complex.
The proposed minor use permit would allow an additional 20 percent (9,150 net
square feet) to be used for medical office purposes.
3. Parking for the five building, office - condominium development is provided within
shared parking areas on the site. The existing lots provide 189 parking spaces, which
is adequate to accommodate the additional medical office use square footage
requested.
USE
FLOOR AREA
PARKING SPACES
Per Zoning Code: 1 st 50,000 net sf:
20% medical office (applicant's request)
9 150 net sf
+general office
+ 31,600 net sf
40,750 net sf
163 1/250 net sf
Medical office over 20%
+ 5,000 gross sf
+ 25 (1/200 gross sf)
UP2005 -024
TOTAL
188 required (189 existing)
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. The subject site is located in the Business Park (BP) area of the Santa Ana Heights
Specific Plan District (SP -7) between Birch and Acacia Streets. 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 additional square footage of medical office use is similar in operation to those
permitted with approval of UP2005 -024 and currently existing on the site. The design
of the buildings and site provides adequate access and parking spaces to
accommodate the increase to the medical office use square footage.
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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 site consists of five, two -story buildings developed as office - condominiums. The
buildings are constructed on the site in a "U- shape" with the opening in the "U" facing
Birch Street. Parking spaces are located below each building and also within the
opening of the "U ". Adequate parking and access to accommodate the additional
square footage for medical office uses is provided.
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.
4. There is adequate access to development on the site for fire and medical emergency
vehicles.
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.
1. The increase in the square footage of medical office uses proposed fits well with the
existing medical and general office uses on the site and in the surrounding vicinity.
2. There is adequate parking existing on the site to accommodate the increased medical
office use square footage. Adequate access to the site for emergency vehicles is
provided from Birch Street. Access to the second floor of the five buildings is provided
via ramps and an elevator.
3. Any tenant improvements to accommodate the increased 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.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2012 -019, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
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 Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
3. This resolution supersedes Use Permit UP2005 -024, which upon vesting of the rights
authorized by Minor Use Permit No. UP2012 -019 (PA2012 -112) shall become null and
void.
PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2012.
Brekdfi Wisneski, AICP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
This approval supersedes Use Permit No. UP2005 -024 (PA2005 -111). The maximum
square footage devoted to medical use shall not exceed 14,150 square feet of medical
office use within the 5- building, office - condominium development unless an amendment
to this Use Permit is approved.
2. The second floor office - condominium located at 20311 SW Birch Street (5,000 gross
square feet) shall be allowed for medical office uses, as previously approved. The
additional 9,150- net - square -feet of floor area approved for medical office use shall be
allocated as follows: 4,575- net - square -feet of floor area to the first floor office -
condominium located at 20311 SW Birch Street. The remaining 4,575- net - square -feet
of floor area shall be allowed within any of the office- condominiums located in the five -
building office complex.
3. Prior to issuance of building permits or approval of a business license for medical
office use within this office - condominium complex, a revised plan, which indicates the
locations of medical office floor area approved with this use permit shall be provided to
the Planning Division to include in the use permit file.
4. The total number of parking spaces provided for all uses on site will be consistent with
requirements of the Zoning Code.
5. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
6. 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.
7. 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.
8. 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.
9. 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.
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10. 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.
11. 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 the Birch Heights Professional Condominiums
Minor Use Permit including, but not limited to UP2012 -019 (PA2012 -112). 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 Conditions
12. 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.
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