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HomeMy WebLinkAboutBiosensors International (PA2004-238)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item# 6 December 9, 2004 TO: PLANNING COMMISSION FROM: Planning Department Brandon Nichols, Assistant Planner (949) 644 -3234 bnichols@city.newport-beach.ca.us SUBJECT: Use Permit No. 2004 -041 - Biosensors International (PA2004 -238) Request to locate a research and development facility in an existing office building located at 20280 Acacia Street Staff recommends that the Planning Commission approve a total of 5,000 square feet of the existing office building to be used for a mix of research and development (R & D), medical office or retail service commercial uses. DISCUSSION Proiect Description and Backaround: The applicant is requesting approval of a use permit to establish a 4,077 square foot research and development facility within an existing office building located at 20280 Acacia Street. The project site is located within the BP (Business Park) district established by the Santa Ana Heights Specific Plan. R & D uses are allowed within the BP district subject to the approval of a use permit by the Planning Commission. The applicant, Biosensors International, manufactures disposable, one time use medical devices including coronary catheters and stents. The company currently occupies office space in the existing building and is seeking to expand their operations into an adjacent suite. The proposed expansion will accommodate additional office space and some research and development use. The 4,077 square foot expansion includes a 'clean room „ for product assembly and testing, lab space, area for strength testing of product and product packaging, and additional office space. R & D activities will consist primarily of design and testing of medical products. No manufacturing activities will take place onsite. Biosensors International December 9, 2004 Page 2 Vicinity Map Staff Recommendation All permitted uses in the BP zone require the issuance of use permit from either the Planning Director or the Planning Commission. The Use Permit for the existing building was approved by the County of Orange and authorized general office use only. Staff recommends that this use permit allow utilization of up to 5,000 square feet of the existing building to accommodate the proposed R & D use. The higher area would allow minor future expansion while avoiding the necessity to amend the use permit. Staff is also Biosensors International December 9, 2004 Page 3 recommending that the subject use permit include medical, dental and retail uses. These uses would be reviewed by the Planning Director for compliance with all applicable codes and ordinances including the General Plan, the BP Zone, and parking requirements. This authorization would provide flexibility in leasing and ease the administrative burden of processing multiple use permits for these types of uses. ANALYSIS: General Plan The general plan designates the property for Administrative, Professional and Financial Commercial. Per the Land Use Element (LUE), medical offices and retail commercial uses are allowed within the APF designation. Although the LUE does not mention R & D uses, staff believes that the nature and minor scope of the proposed R & D use is supportive of and compatible with the office and business park environment and can be Viewed as consistent with the intent of the land use designation. SP -7 Specific Plan and the BP Zone Section 20.44.050 of the Santa Ana Heights Specific Plan states that the BP district was established "to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development and light industrial uses ". The proposed R & D use and the mix of uses proposed by staff are consistent with the purpose of the BP district. All uses proposed under this permit are allowed uses subject to the review and approval of a use permit. Santa Ana Neiohts Proiect Advisory Committee (SAHPAC) The SAHPAC has had an opportunity to review the proposed project and has no objections. A copy of their response letter has been included in this report (Exhibit 4). Parkin The current building was constructed with a parking ratio of 1 space per 250 square feet of office space. Based upon current standards, off street parking requirements for the uses proposed by this permit are as follows: Retail and Commercial 1 per 250 square feet Medical and Dental 1 per 250 square feet R&D 1 per 400 square feet The maximum possible parking ratio for the uses approved under this permit would be 1 space per 250. Since the building was constructed with a parking ratio of 1 space per 250 square feet, any possible combination of uses under this permit would be adequately Biosensors International December 9, 2004 Page 4 parked. Future uses up to the 5,000 square foot allocation will be reviewed by the Planning Director to ensure compliance with parking requirements. Traffic Phasinq Ordinance (TPO) The TPO requires that a traffic study be prepared for any project generating over 300 trips. The highest trip generating use that would be approved under this permit is medical or dental office. The maximum number of trips generated under this approval is 250 ADT, and therefore project approval will not exceed the 300 trip threshold. Findings for Approval The primary function of a use permit is to ensure that the proposed use is compatible with surrounding land uses and would not be detrimental to the community. In accordance with Section 20.91.035 of the Municipal Code, the following findings must be made for approval of a use permit: 1. The proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. As stated above, the purpose of the BP zone is "to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development and light industrial uses". Staff believes that the uses proposed under this permit are consistent with this stated purpose, because they are either office uses or R & D related to product development. 2. The proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, 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.' The mix of medical /dental and retail uses proposed is consistent with the General Plan land use designation of APF for the site. Because the R & D use is minor in scope and supports the office use, staff believes R & D is also consistent with the General Plan in this case. The purpose of the Business Park (BP) district clearly indicates that these uses are also permitted and are subject to discretionary review. The proposed R & D use is minor in nature and consists 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 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. All research and development activities will be Biosensors International December 9, 2004 Page 5 confined within the building, and the use will have no traffic impact beyond what would be associated with general office use. The additional medical, dental and retail uses approved under this permit will be subject to the review and approval of the Planning Director to ensure that they will generate no significant impacts on persons or property in the vicinity. Traffic increases will be below TPO thresholds. 3. The proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located Other than the use permit requirement, no specific provisions are applicable to the proposed uses. The existing development complies with all site development regulations of the BP district, and parking is provided as required for the proposed uses. Environmental Review The proposed project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Alternatives: In addition to the recommended action, Planning Commission can: 1. Approve the applicant's original request for a 4,077 square foot research and development use. 2. Deny the use permit. Prepared by: Submitted by: W CO,4W f Fort randon Nich Is, As istant Planner llrs 4iiel mb le, Acting Planning Director Exhibits 1. Draft Resolution No. 2004 -_; findings and conditions of approval 2. Two letters from Biosensors International 3. Letter from the property owneriapplicants representative 4. SAHPAC Review Letter 5. Tenant Improvement Plans. RESOLUTION NO. 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, staff, with the concurrence of the applicant, amended the request to allow 5,000 total square feet to accommodate a mix of Research and Development, medical/dental office or retail uses with future uses subject to review and approval by the Planning Director. WHEREAS, a public hearing was held on December 9. 2004 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. 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: 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 uses 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 and other uses authorized 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 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 generated by the facility. No biological hazards will exist at the site and no I Planning Commission Resolution No. _ Paoe 2 of 3 hazardous chemicals will be used beyond those typically used for cleaning and sterilization. d. Future possible expansion of the R & D use or a change of that use to medical /dental office uses or service retail uses, up to 5,000 total square feet, will be reviewed by the Planning Director to ensure that they will be compatible with the business park environment and generate no significant impacts on persons or property in the vicinity. e. The proposed mix of uses that would not exceed 5,000 square feet will not generate traffic in excess of the 300 average daily trip threshold established by the Traffic Phasing Ordinance that would require traffic impact analysis. Therefore, the project will not create traffic increases that will create an impact to area intersections. 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 W. 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: ABSENT: NOS: Larry Tucker, Chairman BY: Jeffery Cole, Secretary E+ Planning Commission Resolution No. _ Page 3 of 3 EXHIBIT "A" Conditions of Approval, Use Permit No. 2004 -041 1. Use Permit No. 2004022 shall expire unless exercised within 24 months from the date of approval as specked 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 5,000 square feet of medical/dental office, research and development uses or retail use is authorized to operate at the subject property. Should all of the uses authorized cease to operate for a period of 180 days, the use permit shall expire pursuant to Chapter 20.91 of the Newport Municipal Code. I EXHIBIT 2 TWO LETTERS FROM BIOSENSORS INTERNATIONAL jb BIOSENSORS INTERNATIONAL -USA Friday, October 01, 2004 City of Newport Beach Marina E. Marrelli Assistant Planner, Planning Department Community and Economic Development 3300 Newport Blvd PO Box 1768 Newport Beach, CA 92658 Dear Marina: Biosensors International is a medical device company that manufactures disposable one time use medical devices for commercialization world wide. Our maturGic hang facilities are based in Singapore, China and the Netherlands where we occupy facilities in excess 70,000 square feet with clean room facilities dedicated to maanfacturing in excess of 20,000 square fed as a portion of the total. Oar Newport Beach location indicated in the address at the base of this letterhead is constructed mostly of office space in suite 300 and some space dedicated to research and development activities only. Our planned expansion at the same location but into suite 1.00 will provide our research and development staff the necessary facility space to continue our programs. The construction of a very small clean room in suite 100 is designed to handle the R &D product in a manner to be in compliance with regulatory agencies. its sole purpose is for research and development and is not intended to be used for manufacturing. Currently we have our R &D being managed in a small facility in La Jolla (with a similar small clean room) and desire to move this into one manageable location. Additionally since we are in a regulated industry we are not licensed for manufacturing with either the state or federal government. I hope this letter helps clarify the usage of the intended space for occupancy. You would be most welcome anytime to visit our current facility to witness first hand what we are cmremiy doing for R&D if this will provide additional assurance. if you have any questions or concerns please feel free to contact me directly. Ott Ols COO Biosensors International scottol son(ftiosensors -user com QfJice: (949) 553 -8300 ext 210 Fait. (949) 553 -9129 Cell: (949) 300-8310 BIOSENSORS INTERNATIONAL -USA INC_ Office: 20280 Acacia St. Suite 300, Newport Beach CA 92660 Tel: (949) 553 -8300 Fax: (949) 553 -9129 E -mail: Sales t@Biosensors- usa.com Website: www.biosensorsintl.com BIOSENSORS INTERNATIONAL 11 October, 2004 City of Newport Beach Mariana E. Marrelli Assistant Planner, Planning Department Community and Economic Development 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Dear Ms. Marrelli: Biosensors international is further clarifying the use for the said property identified at the bottom of this page with intent to occupy suite 100. The new offices and lab spaces will be used for non - manufacturing activities but rather will include research and development of coronary medical products. The medical products will assembled, tested, and packaged in the clean room to ensure compliance to Food and Drug Administration regulatory requirements and sterilized (off -site) for research activities that include animal experiments at hospital research labs and other labs having microbiological capabilities. The office space is augment by; 1.) "clean room" (room # 7 in the plan) that is used for assembly of coronary catheters used in various bench tests and animal tests requiring clean conditions in preparation for external sterilization. This clean room provides a more realistic environment for testing of the product, 2.) "R &D office/lab" (room # 3 & 4) is an area where technicians can evaluate various design approaches before it is sent to the clean room for larger quantities are assembled; technicians also have capabilities to conduct software design modeling and write reports, 3.) "wet lab" (room # 6) area includes the development and evaluation of polymers through blending and heat stressing plastics, and 4.) the "product test" (room # 5) area is used for strength test of product package, assembly joints, and other bench tests. All areas include sinks for washing of personnel when handling the product and for cleaning of work areas and wipe down of floors and equipment. Sincerely, J rg aider Director of Regulatory Affairs and Quality Assurance BIOSENSORS INTERNATIONAL Office: 20280 Acacia St., Suite $00, Newport Beach, CA 92660 Tel: (949) 553 -8300 Fax: (949) 5535129 E -Mail: Sales @Biosensors- USA.com p.