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HomeMy WebLinkAboutZA2023-047 - APPROVING A MINOR USE PERMIT TO ALLOW A 2,637-SQUARE-FOOT MEDICAL OFFICE AT 20341 BIRCH STREET, SUITE 200. (PA2023-0062)RESOLUTION NO. ZA2023-047 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MINOR USE PERMIT TO ALLOW A 2,637-SQUARE-FOOT MEDICAL OFFICE AT 20341 BIRCH STREET, SUITE 200. (PA2023-0062) 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, Suite 200 and legally described as Parcel 3 of Parcel Map 2003-203, as recorded in Book 340, Pages 6 and 7 of Parcel Maps (Property), requesting approval of a Minor Use Permit. 2. The Applicant proposes a minor use permit to allow the conversion of an exisitng 2,637-square-foot professional office to a medical office use. The proposed medical office is on the second floor within the existing three (3) story, 20,643-square-foot building. A 172-space surface parking lot is shared between the Property and two adjacent lots. 3. The 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 Property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on June 29, 2023 online via zoom. 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. 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, Division 6, 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. Zoning Administrator Resolution No. ZA2023-047 Page 2 of 7 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 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 Property 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. The medical office use is a conversion of an existing professional office suite. 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 proposed use is a medical office that offers advanced pain-relieving treatments to their patients. The site, including operation of the proposed use, will continue to comply with all development standards, including meeting the minimum parking requirement set forth in the NBMC. Only tenant improvements will be conducted on the site with no exterior changes to the building. 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. Medical office uses are allowed in this area with the approval of a minor use permit. Development on the Property and surrounding properties consist of office buildings developed for various office uses. The proposed medical office use would operate Monday through Friday with typical office hours similar to a professional office. The Zoning Administrator Resolution No. ZA2023-047 Page 3 of 7 daytime operations ensure that the use will be in operation during similar hours to the surrounding professional office uses. 2. The Property is a 42,432-square-foot site that is improved with a 20,643-square-foot three (3)-story multi-tenant office building. The property shares a 172-space surface parking lot with two other properties at 20322 Acacia Street and 20342 Acacia Street. The three office buildings combine for a total floor area of 42,649 square feet. Access to the site is provided via Birch Street and Acacia Street. 3. The Property is one of three properties which share a 172-space parking lot. 20322 Acacia Street consists of 11,003 square feet, 20342 Acacia Street consists of 11,003 square feet, and 20341 Birch Street 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. Since the total square footage of medical uses between the sites does not exceed 20 percent of the total floor area, the Zoning Code allows the medical uses to be parked at the same ratio as professional office. Accordingly, the site would be required to maintain the 171 parking spaces that are currently required. Since the existing parking lot provides 172 parking spaces, there is a one space surplus. 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 Property 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). The applicant’s business currently occupies Suite 110 of the first floor, which consists of 4,884 square feet and is proposing to have a second medical office at Suite 200 of the second floor, which consists of 2,637 square feet. The remaining suites are currently general office tenants. Parking is provided within a shared surface level parking lot that serves three properties at 20322 Acacia Street, 20342 Acacia Street, and 20341 Birch Street (Property). 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. 4. There is adequate access on the Property for fire and medical emergency vehicles from Birch Street and Acacia Street. Zoning Administrator Resolution No. ZA2023-047 Page 4 of 7 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 is compatible with the existing medical and general office uses on the site and in the surrounding vicinity. 2. The proposed medical office use would operate with hours of operation which are similar to a professional office. The typical daytime operations ensure that the use will be in operation during similar hours to the surrounding professional office uses. 3. Adequate parking exists to accommodate the medical office use square footage. 4. 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 the Minor Use Permit, subject to the conditions set forth in Exhibit “A”, which is attached hereto and incorporated herein 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. Zoning Administrator Resolution No. ZA2023-047 Page 5 of 7 PASSED, APPROVED AND ADOPTED THIS 29TH DAY OF JUNE, 2023. Zoning Administrator Resolution No. ZA2023-047 Page 6 of 7 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans 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 Minor 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 floor area approved for medical office use shall require an amendment to this Use Permit or the processing of a new use permit. 6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be 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. 9. 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. 10. 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. Zoning Administrator Resolution No. ZA2023-047 Page 7 of 7 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 Minor Use Permit including, but not limited to PA2023-0062. 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 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. 13. Prior to issuance of building permits for tenant improvements, the project plans shall identify whether the use will be OSPHD 3 licensed. 14. 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. 15. Accessible paths of travel are required to be field verified from (1) accessible parking spaces and the public sidewalk to (2) the area of work on the 2nd floor and the public restrooms serving that floor (CBC 11B-202.4).