HomeMy WebLinkAbout01_Birch Heights Professional Condominiums MUPCOMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949)644 -3200 Fax: (949)644 -3229
(1) www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 24, 2012
Agenda Item 1
SUBJECT: Birch Heights Professional Condominiums Minor Use Permit
(PA2012 -112)
• Minor Use Permit No. UP2012 -019
LOCATION: 20311 SW Birch Street
APPLICANT: Aliece Pickett
PLANNER: Kay Sims, Assistant Planner
(949) 644 -3237 or ksims @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: SP -7, BP (Santa Ana Specific Plan, Business Park Area)
• General Plan: CO -G (General Commercial Office)
PROJECT SUMMARY
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, 45,750- square -foot, office - condominium development.
Parking will be provided consistent with Zoning Code requirements.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit
No. UP2012 -019 (Attachment No. ZA 1).
Birch Heights Professional Office Condominiums Use Permit
October 24, 2012
Page 2
DISCUSSION
• The subject site is located within an existing office complex located between
Birch and Acacia Streets. The site and neighboring properties are located in the
Business Park land use area within the Santa Ana Heights Specific Plan District
(SP -7, BP), which allows medical office uses with approval of a minor use permit.
• The subject site is located in the General Commercial Office (CO -G) designation
of the General Plan, which provides for the development of various office -uses,
including medical office uses.
• 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.
• Pursuant to 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. 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.
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
1 188 required 189 existing)
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Birch Heights Professional Office Condominiums Use Permit
October 24, 2012
Page 3
• Per the City's Traffic Engineer, the project would not result in the need for a TPO
because it would result in fewer than 300 new daily trips.
ENVIRONMENTAL REVIEW
This project qualifies for Class 1 (Existing Facilities) categorical exemption, Section
15301 of the California Environmental Quality Act. It would allow a minor change in use
from general office use to medical office use within an existing office - condominium
development, and could involve issuance of building permits for interior tenant
improvements.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development
within fourteen (14) days following the date the action or decision was rendered. For
additional information on filing an appeal, contact the Planning Division at 949 644 -3200.
Prepared by:
Kay Sims, Assistant Planner
GR /ks
Attachments: ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Use Permit UP2005- 024/TI Building Plans
ZA 3
Project Plans
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Attachment No. ZA 1
Draft Resolution
RESOLUTION NO. ZA2012 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012 -019 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 DEVELOPMENT LOCATED AT 20311 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 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.
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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 minor a 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.
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.
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
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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.
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.
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PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2012.
Brenda 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. Minor Use Permit No. UP2012 -019 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.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. 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.
8. 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.
9. 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.
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10. 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.
11. 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.
12. 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
13. 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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Attachment No. ZA 2
Vicinity Map
a
Minor Use Permit No. UP2012 -019
PA2012 -112
20311 SW Birch Street
Attachment No. ZA 3
Use Permit UP2005 -024
June 24, 2005
0 0
PLANNING DIRECTOR'S USE PERMIT NO. UP2005 -024
(PA2005 -111)
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644 -3200 FAX (949) 644 -3229
Semira Bayati, M.D.
1501 Superior Avenue, Suite 111
Newport Beach, CA 92663
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after decision
Application: Use Permit No. UP2005 -024 (PA2005 -111)
Applicant: Semira Bayati, M.D.
Address of
Property Involved: 20311 Birch Street
Legal Description: Parcel 1 of PM- 268137 -39
Request as Approved.
To allow the utilization, of a portion of the approved office building, to accommodate up to
5,000 square feet of medical office use. The remaining 41,175 square feet (this is the
remaining office area located on -site) shall remain dedicated to general office only. The
existing Use Permit, approved by the County of Orange, authorized general office use only,
and it made no provision for medical office or other non - general office use. This approval will
allow the establishment of the above - referenced use by review and approval from the
Planning Director up to the maximum square footage specified. This approval will not
authorize any other use (general office and limited medical office use) within the building or
buildings without prior approval of an amendment to this use permit. No parking waiver is
proposed, since the Code - required parking can and will be provided on -site by re- striping the
existing parking lot prior to implementation of the medical office use. The property is located
in the SP -7 (Santa Ana Heights Specific Plan Area) District.
Director's Action: Approved June 24, 2005
In approving this application, the Planning Director analyzed the proposal with regard to
compliance with the Land Use Element of the General Plan, Zoning Code Compliance
(specifically, Chapter 20.44, Santa Ana Height Specific Plan Area, BP District
regulations), proposed uses (excluded and area restricted) and the parking requirements.
The discussion can be found in the attached appendix.
0
In this case, the Planning Director determined that the proposal, with the limitation on the
mix of uses and requirement to conform to the Zoning Code - specified parking regulations
(Chapter 20.66), would not be detrimental to persons, property or improvements in the
neighborhood. In addition, the approval of the Use Permit would be consistent with the
legislative intent of Title 20 of the Newport Beach Municipal Code based on the following
findings:
FINDINGS:
1. The property is designated for "Administrative, Professional and Financial
Commercial" use by the Land Use Element of the General Plan and the Santa Ana
Heights Specific Plan Area Business Park District regulations. The proposed mix of
uses is consistent with those designations.
2. This project has been reviewed, and it has been determined categorically exempt
from the requirements of the California Environmental Quality Act under Class 1
(Existing Facilities) and Class 5 (Minor Alterations in Land Use Limitations).
3. The approval of Planning Director's Use Permit No. UP2004 -037 (PA2004 -218)
will not, under the circumstances of this case, be detrimental to the health, safety,
peace, morals, comfort, and general welfare of the city for the following reasons:
• Adequate on -site parking is provided and available for the existing and
proposed mix of uses.
• The proposed mix of general office and medical /dental office uses will not
create an intensification of trip - generation rates that require a Traffic
Phasing Ordinance Analysis. However, in the future, if the mix of uses
increases the trip - generation characteristics or exceeds the threshold limit
of the Traffic Phasing Ordinance, appropriate analysis will be required
prior to authorization of such change or increase in the mix of uses and
will require an amendment to this use permit.
4. The approval of Planning Director's Use Permit No. UP2004 -037 (PA2004 -218) is
consistent with the purpose and intent of the Santa Ana Heights Specific Plan Area
District based on the following reasons:
• The proposed project is a well - planned business park and commercial
development which is adequately buffered from the adjacent residential
neighborhood.
• The business park and residential traffic are separated to the maximum
extent possible, since the subject property is located on a block that is
bounded on the north, south, east and west by Business Park designated
properties and does not abut any Residential Equestrian (REQ)
designated property.
• The proposal to establish a mix of proposed uses does not alter or
diminish the overall aesthetic character of the community.
June 24, 2005
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Compliance with all other applicable regulations of the Municipal Code, more
specifically Chapter 20.66 Parking Requirements, will be required and enforced.
CONDITIONS:
The development and mixture of permitted uses shall be in substantial
conformance with the approved footage limitation plan.
The maximum square footage devoted to medical /dental use shall not exceed
5,000 square feet. The minimum area devoted to general office use shall not be
less than the reminder of the floor area of the subject building and the other
buildings on -site unless an amendment to this use permit is first approved.
3. The use permit authorizes general office uses and medical /dental uses, except
any other uses which the Planning Director finds consistent with the purpose and
intent of this use permit as a medical /dental or general office use.
4. Any changes to the existing parking lot configuration shall be subject to further
review by the City Traffic Engineer for the on -site parking, vehicular circulation and
pedestrian circulation systems.
5. All applicable parking requirements of Chapter 20.66 of the Newport Beach
Municipal Code shall apply and be enforced (including parking at a rate of one
space for each 200 gross square feet of floor area devoted to medical office use).
6. Employees shall park on -site at all times.
7. No temporary "sandwich" signs, balloons or similar temporary signs shall be
permitted, either on -site or off -site, to advertise the proposed food establishment,
unless specifically permitted in accordance with the Sign Ordinance of the
Municipal Code. Temporary signs shall be prohibited in the public right -of -way,
unless otherwise approved by the Public Works Department in conjunction with the
issuance of an encroachment permit or encroachment agreement.
Standard City Requirements:
1. All signs shall conform to the provisions of Chapter 20.44, Santa Ana Heights
Specific Plan and applicable sections of Chapter 20.67 of the Newport Beach
Municipal Code, unless otherwise approved by the Planning Commission or the
City Council in accordance with the provisions of the Municipal Code.
2. As specified by the Uniform Building Code, the facility shall be designed to meet
exiting and fire protection requirements and be subject to review and approval by
the Building Department.
3. The project shall comply with State Disabled Access requirements.
June 24, 2005
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0
4. The Planning Director or the Planning Commission may add to or modify the
Conditions of this Use Permit approval, or they revoke this permit upon a
determination that the operation (which is the subject of this approval) causes
injury, or is detrimental to the health, safety, peace, morals, comfort, or general
welfare of the community.
5. This approval shall expire unless exercised within 24 months from the end of the
appeal period, in accordance with Section 20.91.050 of the Newport Beach
Municipal Code.
Appeal Period
The decision of the Planning Director may be appealed by the applicant or any interested
party to the Planning Commission within 14 days of the date of the decision. Any appeal
filed shall be accompanied by a filing fee of $975.00.
PATRICIA L. TEMPLE, Planning Director
By.
Senior Planner "Javier S. Garcia, AICP
Attachments: 1. Appendix
2. Vicinity Map
3. Site Plan and Floor Plan
4. Letter from Santa Ana Heights
Project Advisory Committee
Appeared
in Opposition: None
Appeared
in Support: None
property owner
Semira Bayati, M.D.
1501 Superior Avenue, Suite 111
Newport Beach, CA 92663
Copy:
Code Enforcement Officer
June 24, 2005
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E
APPENDIX
General Plan Compliance
E
The general plan designates the property for Administrative, Professional and Financial
Commercial. Per the Land Use Element (LUE), medical offices and general commercial
office uses are allowed within the APF designation.
Discussion
The subject - property project is comprised of a single parcel developed with five
buildings and located within the BP (Business Park) District on Birch Street, a parcel
away from the General Commercial (GC) District of the Santa Ana Heights Specific
Plan Area (SAH) and does not abut any Residential Equestrian (REQ) District.
The Use Permit for the existing building, approved by the County of Orange, authorized
general office use only. Medical, dental and a limited range of retail uses are permitted
within the BP zone subject to the approval of a Use Permit by the Planning Director. This
approval would allow the establishment of the above - referenced medical /dental office
uses by separate review and approval by the Planning Director through Planning
Department personnel, up to the maximum square footage authorized by this approval,
without the necessity to file a new use permit application. Future uses would be reviewed
by the Planning Department for compliance with all applicable codes and ordinances
including the General Plan, the BP District of SAH Specific Plan Area and parking
requirements established by the Zoning Code.
Zoning Compliance
The BP District is established to provide for the development and maintenance of
professional and administrative offices, commercial uses, specific uses related to
product development and limited light industrial uses. Attention is generally given to the
protection of the nearby residential uses through regulation of building mass and height,
landscape buffers, and architectural design features.
The following excerpt from the Zoning Code Section 20.44.050 lists the permitted uses
allowed in the Business Park District of the Santa Ana Heights Specific Plan Area. As
listed, each use requires the approval of a Use Permit issued by the Planning Director.
The applicant's request will allow a limited mix of office and medical /dental office uses
with the establishment of maximum square footage for medical /dental uses within the
project (Item I below, subject to review and approval by the Planning Director to
determine compliance with the intent of this use permit). The request will also eliminate
the necessity for future use permit applications for each individual medical /dental office
use that remains within the proposed footage limitations and within the subject building.
20.44.050 Business Park District: SP -7 (BP)
June 24, 2005
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B. Principal Uses Permitted.
0
The following principal uses are permitted subject to the approval of a use
permit by the Planning Director per Chapter 20.91:
a. Professional and administrative offices.
b. Financial institutions.
C. Civic and government uses.
d. Office- serving commercial uses, including restaurants, located within a
building primarily devoted to office uses.
e. Communication transmitting, reception or relay facilities.
f. Public /private utility buildings and structures.
g. Blueprinting, reproduction and copying services.
h. Message, mail and delivery services.
i. Medical and dental offices.
j. Retail businesses.
k. Service businesses.
2. The following principal uses are permitted subject to the approval of a use
permit by the Planning Commission per. per Chapter 20.91:
a. Restaurants subject to the following
(1) Not permitted adjacent to REQ lots.
(2) No live entertainment.
(3) No dancing.
b. Automobile rental agencies not permitted adjacent to REQ lots.
G. Commercial recreation.
d. Assembly of components or finished products.
e. Research, testing and development laboratories.
f. Any other uses which the Planning Commission finds consistent with the
purpose and intent of this district.
Fire Department Concerns
The Fire Department and the Building Department have both commented on the exiting
and handicap accessibility requirements for medical uses and that the existing stairs
and elevator may have to be upgraded to comply. The applicant has been made aware
of those concerns and will be responsible for addressing issues related to exiting and
handicap access requirements.
Proposed and Excluded Uses
The applicant has submitted the request to allow a portion of the existing general office
building to be utilized for medical /dental office use. The applicant has not proposed to
provide entitlement for any other uses, other than medical /dental office, with this use
permit application.
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Therefore, it is recommended and this approval is conditioned so that the
medical /dental office uses are authorized by this approval. All other uses are excluded
and will require additional review and approval of a Use Permit approved by the
Planning Director or the Planning Commission, as applicable.
Proposed Use Limitations
In order to be consistent with the General Plan and the Santa Ana Heights Specific
Plan Area regulations, staff has reviewed the implications of an established mix of
general office and medical /dental office as described in the table below. The medical
office use and the general office uses are expressed as maximum and minimum
limitations in order to comply with the provisions of the Traffic Phasing Ordinance. The
proposed use limitations will allow medical use up to and not to exceed 5,000 square
feet. The Planning Department will monitor the individual tenant improvement plans
issued by the Building Department to maintain the mix of uses within the permitted
maximums or allowances.
Proposed Mixture of Uses
Maximum Medical Office Allowed 5,000.00 square feet
General Office Minimum
(minimum area required) 43,352.00 square feet
General Office
(Credited Conversion as a negative number) - 5,000.00 square feet
Santa Ana Heights Project Advisory Committee (SAHPAC)
The SAHPAC has had an opportunity to review the proposed project and has no
objections to the concept of the list of uses that are consistent with the list of permitted
uses under 20.44.050 B 1.
It should be noted that the authority to review and approve a use permit is expressed in
both the City's SAH Specific Plan Regulations (Chapter 20.44) and the former County
version of the same document. Staff is of the opinion that the list and mix of uses
proposed by this use permit are consistent with the intent of the Ordinance.
Parking Requirement
Based on a review of the floor plans of the existing building, it has been determined that
the project was constructed with a parking ratio of 1 space per 250 square feet of gross
floor area. There are currently 190 on -site parking spaces to serve the 5,081 gross
square foot second floor of the subject building. Based upon current standards, off street
parking requirements for the uses proposed by this permit are as follows:
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General Office Use 1 per 250 square feet of net floor area
Medical and Dental Office Use 1 per 200 square feet of gross floor area
Based on current standards, the maximum possible parking ratio for the uses approved
under this permit would be 1 space per 250 square feet of gross floor area. Since the
building was constructed with a parking ratio of 1 space per 250 square feet of gross floor
area, any possible combination of uses under this permit would have to be addressed
individually. Future uses up to the 5,000 square foot allocation for medical /dental office
use will be reviewed by the Planning Department to ensure compliance with parking
requirements.
The parking requirement for medical /dental office use recently increased to one space
for each 200 square feet of gross floor area. The change requires that the parking lot be
modified to increase the number of on -site parking spaces to meet the increased
parking requirement. This will require further analysis of the parking requirement based
on the amount of general office and medical /dental office area calculations. The
maximum additional parking required -based on the build -out of 5,000 square feet -
would be 5 additional parking spaces
Traffic Phasing Ordinance
The Traffic Phasing Ordinance requires that a traffic study be prepared for any project
generating over 300 trips. The maximum trip - generating use that would be approved
under this permit would be medical or dental office. The maximum amount of medical,
dental that could theoretically be approved under this permit would be an aggregate of
5,000 square feet. Trips generated by the proposed project, based on the proposed
mix, would not exceed the 300 trip threshold.
Findings for Use Permit Approval
The primary function of a use permit is to ensure that the proposed use is compatible
with surrounding land uses. Per section 20.91.035, 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 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" All uses proposed under this permit are permitted uses in
the BP zone subject to approval of use permit.
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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 medical /dental office proposed under this permit will have no
significant impact on the health, safety or general welfare of persons
residing or working in the district.
• The additional medical /dental office use approved under this permit will be
subject to the review and approval of the Planning Department and the
Planning Director, where appropriate, to ensure that they will generate no
significant impacts on persons or property in the vicinity.
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
• As stated above, the uses approved under this permit satisfy all required
conditions for the zone in which they are located and will comply with all
provisions of the zoning code.
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• s
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Planning Director's Use Permit UP2005 -024
Project No. PA2005 -111
Site Address
20311 Birch Street
6
CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
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3300 NEWPORT BOULEVARD
V�p
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
Application: ❑ Use Permit No.
XPlanning Director's
Use Permit No.
PART I: Cover Page
PA2005 -111 for UP2005 -024
Project Common Name (if applic 20311 BIRCH STREET
Semira Bayati, M.D.
APPLICANT (Print):
5Pr 410-,4 6A�(�-r ► : M . y.
Mailing Address: ISOI
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❑ G.P.A. /Amendment No.
■ Variance No.
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CONTACT PERSON (if different):
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Mailing Address: 1 -7780 PtTU( 5T-
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Phone: (70) (;0- `Y560 Fax (9YR) (P 045TO I Phone:? Fax( 47) qC- -Iq q(
Property Owner (if different from above):
Sort (0—
Mailing Address:
Phone:
PROJECT ADDRESS:
Fax
203(1 S.w.
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Project Description (If applying for a variance, also complete attached form for required findings.):
V so- 1r—,- 2riv1, i-r ro R- t) F—Ft c45E;- o r-1
PROPERTY OWNER'S AFFIDAVIT
(I) (We) Sit-[ 1 19- A �ay�iT I I M-0. depose and say that (I am) (we are) the owner(s) of the
property(ies) involved in this application. (I) (We5 further certify, under penalty of perjury, that the foregoing statements and
answers herein contained and the information herewith submitted are in all respects true and correct §t of (my) (our)
knowledge and belief. �9 L�!'
Signature(s) .
MAY 0 6 2005
,ITY QF I ,FWP� RIAACI,
NOTE: An agent may sign for the owner if written authorization from the record owner is filed with a ap
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APPROVED BY:
PunningDrector Zoning Administrator
PWnN Cornmission 0 fty Count
As Submitted As Modified
Refecr to Resdutton Approval Letter
# of Pgs Approved. {t Date: r'
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Attachment No. ZA 5
Project Plans
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