HomeMy WebLinkAbout04 - Annie Ko Acupuncture Minor Use Permit - PA2015-051 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u $ 100 Civic Center Drive, P.O.Box 1768,Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
c`�LfFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 16, 2015
Agenda Item No. 4
SUBJECT: Annie Ko Acupuncture MUP - (PA2015-051)
200 Newport Center Drive, Suite 203
• Minor Use Permit No. UP2015-014
APPLICANT: Yumui Ko
OWNER: Eastlund Properties, LLC
PLANNER: Benjamin M. Zdeba, AICP, Assistant Planner
(949) 644-3253, bzdeba@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: OR (Office Regional Commercial)
• General Plan: CO-R (Regional Commercial Office)
PROJECT SUMMARY
A minor use permit to establish an acupuncture and natural healing office (Personal
Services, Restricted use). The tenant space is approximately 600 square feet in area
and will include three treatment rooms, a consultation office, and a reception/waiting
area. No tenant improvements are proposed as part of the project.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. ZA2015 approving Minor Use
Permit No. UP2015-014 (Attachment No. ZA 1).
DISCUSSION
• The applicant proposes an acupuncture and natural healing office within a
previously vacant tenant space (approximately 600 square feet) on the second
floor of an existing two-story office building. Adjacent land uses predominantly
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Annie Ko Acupuncture MUP
Zoning Administrator, July 16, 2015
Page 2
include office, restaurants, and service uses to the south, west, and east and
Fashion Island Shopping Center to the north.
• The proposed operation will consist of three treatment rooms offering a
combination of acupuncture and natural healing services from 9:00 a.m. to 6:00
p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m., on Saturday. Staff
recommends allowing the establishment to operate between 9:00 a.m. and 6:00
p.m., daily, to allow for flexibility in operation.
• The subject property is located in the Office Regional Commercial (OR) Zoning
District and designated Commercial Office Regional (CO-R) within the Land Use
Element of the General Plan. These categories are intended to provide for
administrative and professional offices that serve local and regional markets, with
accessory limited retail, financial, service, and entertainment uses. Pursuant to
Zoning Code Chapter 20.70 (Definitions), acupuncture and similar natural healing
methods are classified as a Personal Services, Restricted land use which may be
permitted within the OR Zoning District subject to the approval of a minor use
permit. The proposed project is also intended to provide services that support the
many office uses within the area.
• The parking requirement for a Personal Services, Restricted is the same as the
standard required of an office use (1 space per 250 square feet). Therefore, the
proposed conversion of a vacant office space to an acupuncture and natural
healing office does not result in an intensification of use and no additional parking
is required.
• Staff believes the project is compatible with existing and allowed uses within the
office building and surrounding area, and findings for approval can be made.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). This exemption
authorizes minor alterations to existing structures involving negligible or no expansion of
use. The proposed project involves the conversion of a vacant office space to an
acupuncture and natural healing office and does not involve any alterations to the
existing floor plan.
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 before the scheduled hearing, consistent with the provisions of the Municipal
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Annie Ko Acupuncture MUP
Zoning Administrator, July 16, 2015
Page 3
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 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant's Project Description
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2015-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-014 FOR AN ACUPUNCTURE AND NATURAL
HEALING OFFICE (PERSONAL SERVICES, RESTRICTED USE)
LOCATED AT 200 NEWPORT CENTER DRIVE, SUITE 203
(PA2015-051)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Yumui Ko, with respect to property located at 200 Newport
Center Drive, Suite 203, and legally described as Parcel 3, in the City of Newport Beach,
County of Orange, State of California, as shown on that certain Lot Line Adjustment No.
94-16, recorded February 2, 1995, as Instrument No. 95-0046155, Official Records,
requesting approval of a minor use permit.
2. The applicant proposes to establish an acupuncture and natural healing office (Personal
Services, Restricted use). The tenant space is approximately 600 square feet in area and
will include three treatment rooms, a consultation office, and a reception/waiting area. No
tenant improvements are proposed as part of the project.
3. The subject property is located within the Office Regional Commercial (OR) Zoning
District and the General Plan Land Use Element category is Regional Commercial Office
(CO-R).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on July 16, 2015, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. 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
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15301 , Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. This Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the conversion of a
vacant office space to an acupuncture and natural healing office and does not involve
any alterations to the existing floor plan.
Zoning Administrator Resolution No. ZA2015-
Page 2 of 6
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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 property is designated Commercial Office Regional (CO-R) within the Land Use
Element of the General Plan which is intended to provide for administrative and
professional offices that serve local and regional markets, with accessory limited retail,
financial, service, and entertainment uses.
2. The proposed acupuncture and natural healing office is consistent with the CO-R
designation as it will provide a service that will support the many office uses within the
area.
3. The property is not located in a specific plan area.
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.
Facts in Support of Finding:
1. The property is located within the Office Regional Commercial (OR) Zoning District
which is intended to provide for areas appropriate for administrative and professional
offices that serve local and regional markets, with accessory limited retail, financial,
service, and entertainment uses.
2. The use of the tenant space will be for an acupuncture and natural healing office.
Pursuant to Zoning Code Chapter 20.70 (Definitions), acupuncture and similar natural
healing methods are classified as a Personal Services, Restricted land use which may
be permitted within the OR Zoning District subject to the approval of a minor use
permit.
3. The parking requirement for a Personal Services, Restricted use is the same as the
standard required of an office use (1 space per 250 square feet). Therefore, the
proposed conversion of a vacant office space to an acupuncture and natural healing
office does not result in an intensification of use and no additional parking is required.
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Zoning Administrator Resolution No. ZA2015-
Page 3 of 6
4. As conditioned, the proposed use will comply with all other applicable provisions of the
Zoning Code and Municipal Code.
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 proposed use will occupy an approximately 600-square-foot tenant space on the
second floor of an existing two-story office building. The operation will consist of three
(3) treatment rooms offering a combination of acupuncture and natural healing
services.
2. The project site and surrounding area consist of a mixture of nonresidential uses
including office, auto services, personal services general, retail, and eating and
drinking establishments which serve residents and visitors to the City of Newport
Beach. The proposed acupuncture and natural healing office will provide a service that
supports the various office uses within the area.
3. The proposed use will not require the provision of additional parking onsite.
4. As conditioned, the allowed hours of operation are 9:00 a.m. to 6:00 p.m., daily,
limiting any potential late night/early morning land use conflicts with nearby properties.
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 existing two-story office building and surface parking lot were constructed in 1974
and have since demonstrated that the current configuration with access taken from
Anacapa Drive is physically suitable to accommodate multiple uses.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property and the proposed day spa will not change this.
Finding:
E. 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.
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Zoning Administrator Resolution No. ZA2015-
Page 4of6
Facts in Support of Finding:
1. The use is intended to serve employees of the surrounding commercial center as well
as residents and visitors to the City of Newport Beach.
2. The use has been conditioned with hours of operation and a limitation on the number
of employees that will help minimize any potential detriment to the area.
3. As conditioned the applicant is required to obtain all applicable permits from the City's
Building Division and Fire Department.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-014, 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 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and
Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JULY, 2015.
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Zoning Administrator Resolution No. ZA2015-
Page 5 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations 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. This Minor Use Permit may be modified or revoked by the Zoning Administrator if
determined 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. 04kh,— I%L
5. The hours of operation shall be limited to between 9:00 a.m. and 6:00 p.m., daily.
6. This approval does not authorize the operation of a massage establishment as defined
by Chapter 20.70 (Definitions) of the Zoning Code.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and may require an amendment
to this Minor Use Permit or the processing of a new Minor Use Permit.
8. 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.
9. 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.
10. 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
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Zoning Administrator Resolution No. ZA2015-
Page 6 of 6
or indirectly) to City's approval of the Annie Ko Acupuncture MUP including, but not
limited to, the Minor Use Permit No. UP2015-014 (PA2015-051). 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
11. 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. Any construction plans must meet all
applicable State Disabilities Access requirements.
03-03-2015
Attachment No. ZA 2
Vicinity Map
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accuracy of the data provided,however,The City of
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disclaim any and all responsibility from or relating to
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_ Imagery: 2009-2013 photos provided by Eagle
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Attachment No. ZA 3
Applicant's Project Description
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200 Newport Center Drive, Suite 203, Newport Beach CA 92660
Annie ko Acupuncture & Herbal Medical Center
Phone: (949)644-6644
200 Newport Center Drive, Suite 203,Newport Beach CA 92660 this place for Annie Ko
acupuncture & Herbal Medical Center for acupuncture clinic. This place use to acupuncture.
This place is a 30'.10" x 18'.10" of plans.
200 Newport Center Drive,Newport Beach this building in this area over 20 years. In this
building have Dentist, Psychology, Physical Therapy. Optometrist. Ophthalmology. Many
medical center building around 200 Newport Center Drive this area. Bus station near this
building, around the building the entire parcel provides 617 free it's attached parking stalls.
This is a three floor building, where this building have an elevator doors that represented the
utility company tenants and two exit stairs. Our acupuncture clinic in second floor.
Our neighbor have Dentist, Psychology, Physical Therapy. Optometrist. Ophthalmology. We
have a nice and very clear, quiet, spacious place. This is place before for Psychology.
The place have six room. Waiting Room,Reception, Doctor Office. Three Treatment Room,
Sink, storage.
This place have an Internist Doctor MD, Two Acupuncture doctor, a reception working in this
place. Our acupuncturist hold America acupuncture Doctor Degree,Ph.D degree and China. Our
acupuncture doctors and "master healers" from China with over 20 years of rich experiences to
treat different conditions, offer acupuncture and Chinese herbs for a broad range of health
conditions, the doctors in this clinic are licensed the California Acupuncture Board.
Our patient almost by appointment. Our hours of operation:
Monday—Friday: 9am- 6pm.
Saturday: 9am- 1pm.
Our clinic services have Acupuncture, Electro-acupuncture, Acupressure, Reflexology,Ear
acupuncture with seeds. Cupping therapy, Moxibustion, Chinese herbal, Tui Na. All Medical
insurance, worker's comp and auto injury we accepted.
Our general trash that is in the common area managed by the association.
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For medical trash that put the have signs "biohazard"the box. This box by Medical Action
Industries INC.
We have two employees and one employer
Yumui Ko La,c Ph.D, OMD Acupuncturist employer
Monday—Friday: 9am—6pm
Saturday: 9am- 1pm
Jui Lien Chen La,c Ms Acupuncturist employee (part time)
Wednesday: 9am- 5pm
Stephenie O Lucio reception(Right now part time)
Monday, Tuesday, Wednesday: 9am—5pm
ALIJA ALI MD Internist Doctor share office
Tuesday: 9.30am— 1pm
Thursday: 2pm- 6pm.
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Attachment No. ZA 4
Project Plans
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PA2015-051 +�P , Attachment No. ZA 4 - Project Plans
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