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HomeMy WebLinkAboutZA2015-043 - SUITE 250 - MINOR USE PERMIT FOR CHIROPRACTIC & WELLNESS OFFICE - 20301 Acacia St RESOLUTION NO. ZA2015-043 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-028 FOR A CHIROPRACTIC AND WELLNESS CENTER (PERSONAL SERVICES, RESTRICTED) LOCATED AT 20301 ACACIA STREET, SUITE 250 (PA2015-106) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by BeVier Chiropractic Inc., with respect to property located at 20301 Acacia Street, Suite 250, and legally described as portions of Lots 52 and 53 of Tract No. 706, County of Orange, State of California, as per map recorded in Book 21, Page 25, of Miscellaneous Maps, in the Office of the County Recorder of said County (Parcel 1 of Lot Line Adjustment No. LL 87-112) requesting approval of a minor use permit. 2. The applicant proposes a chiropractic and wellness center (Personal Services, Restricted) within a 2,540-square-foot tenant space on the second floor of a two-story building. The proposed operation will consist of chiropractic care, acupuncture, massage therapy, thereapeutic fitness and nutritional counseling. 3. The subject property is located within the Business Park District of the Santa Ana Heights Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 30, 2015, in the Corona del Mar Conference Room (Bay E-1 st 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 an office space to a chiropractic and wellness center and involves minor alterations to the existing floor plan. Zoning Administrator Resolution No. ZA2015-043 Page 2 of 8 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 General Commercial Office (CO-G) within the Land Use Element of the General Plan which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The proposed personal service use offering ancillary massage and medical treatments is intended to provide complementary health and wellness services to those working in, residing in, and visiting the City, consistent with the CO-G designation. 2. The property is located within the Business Park District of the Santa Ana Heights Specific Plan (SP-7) Zoning District which is intended 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. 3. The principal use of the tenant space will be a chiropractic and wellness center offering services that include chiropractic care, acupuncture, massage therapy, one- on-one therapeutic fitness (Pilates), and nutritional counseling. The medical (chiropractic) and massage treatments are ancillary services that comprise approximately one-third of the floor area of the tenant space. Pursuant to the Business Park District of the SP-7, service uses may be permitted subject to the approval of a minor use permit. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The proposed use is classified as a Personal Services, Restricted land use on the basis that the medical (chiropractic) and massage treatments are intended to be ancillary services and are limited to approximately one-third of the floor area of the tenant space. Acupuncture is considered a personal service by definition. Pursuant to the Business Park District of the Santa Ana Heights Specific Plan, service uses may be permitted subject to the approval of a minor use permit. 03-03-2015 Zoning Administrator Resolution No. ZA2015-043 Page 3 of 8 2. The subject tenant space was previously occupied by a general office use and will be converted to a personal service, restricted use which does not result in an intensification of parking. The shared parking lot consisting of 97 spaces will provide adequate parking for the existing and proposed uses on site, and no additional spaces are required. 3. 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 personal service, restricted use will occupy a 2,540-square-foot tenant space on the second floor of an existing two-story office building. 2. Based on operational characteristics, the use is not considered an independent massage facility. Ancillary medical and massage treatments offered constitute a small portion of the overall floor area, thereby limiting any potential blight or deterioration to the surrounding area. 3. The project site is developed with three, two-story office buildings and a surface parking lot containing 97 spaces. The surrounding area consists of a mixture of nonresidential uses including general office, medical office, personal services, and the Newport Beach Golf Course which serve residents and visitors to the City of Newport Beach. The proposed use will provide a service consistent with neighboring uses and will be located in an area of Santa Ana Heights which prohibits residential uses, thereby limiting any detriment to residents of the City. 4. The proposed use will not require the provision of additional parking on site. 5. As conditioned, the allowed hours of operation are 8:00 a.m. to 9:00 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. 03-03-2015 Zoning Administrator Resolution No. ZA2015-043 Page 4 of 8 Facts in Support of Finding: 1. The existing two-story office building and surface parking lot were constructed in 1992 and have since demonstrated that the current configuration with access taken from Acacia Street 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 use 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. Facts in Support of Finding: 1. The proposed use is intended to serve residents and visitors to the City of Newport Beach. 2. The proposal has been conditioned with hours of operation that will minimize any potential detriment to the area. 3. The proposal has been reviewed by the Building and Code Enforcement Divisions, Public Works, Fire, and Police Departments, and recommended conditions of approval have been included to limit any detriment to the City or general welfare of persons visiting or working in the surrounding neighborhood. In accordance with Section 20.48.120.13 (Massage Establishments and Services — Waiver of Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Minor Use Permit are set forth: Finding: F. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed. Facts in Supporting of Finding: 1. The intent of the section is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration, which accompany and are brought about by large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. 2. The proposed use with ancillary massage services is not located within 500 feet of another establishment offering massage services. 03-03-2015 Zoning Administrator Resolution No. ZA2015-043 Page 5 of 8 3. The principal use is a chiropractic and wellness center offering ancillary medical and massage services. The intended operation will not contribute to a deterioration of the area due to conditions of approval which prevent the establishment from evolving into an independent massage establishment, limiting any concerns regarding blight. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area. Facts in Supporting of Finding: 1. The proposed use is located in a single tenant space within a managed, multi-tenant commercial office building which will prevent problems and discourage the development of blight. The subject property is not located within a blighted area, is well maintained, and is intended to provide a service that supports those working in, residing in, or visiting the City of Newport Beach. Finding: H. The proposed use will not adversely affect a religious institution, school, park, or , playground. Facts in Supporting of Finding: 1. The proposed use is located adjacent to nonresidential uses and in an area that prohibits residential uses. There are no parks, playgrounds, or religious institutions within 500 feet of the subject property. 2. The private school at 20311 Acacia Street offering educational training will not be adversely affected given that it has a separate entrance and is located in an adjacent building. In addition, the proposed personal service use will not function as an independent massage thereby limiting any potential impacts on nearby uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-028, 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 (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. 03-03-2015 Zoning Administrator Resolution No, ZA2015-043 Page 6 of 8 PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JULY, 2015. By: re d Wisneski, AI P, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2015-043 Page 7of8 EXHIBIT "A" CONDITIONS OF APPROVAL 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 hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m., daily. 3. The applicant is required to obtain an Operator's Permit from the Newport Beach Police Department in compliance with Chapter 5.50 (Massage Establishments) of the Newport Beach Municipal Code prior to the start of business unless determined to be exempt or not applicable by the Chief of Police. 4. The applicant is required to obtain a valid business license from the City's Revenue Division prior to the start of business. 5. The operation of an independent massage business is not permitted unless an amendment to this Minor Use Permit or a new Use Permit is first approved. 6. All proposed signs shall be in conformance with provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 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 Minor Use Permit. 8. 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 is 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 change in operational characteristics, expansion in area dedicated to medical and massage treatments, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Use Permit. 10. 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. 11. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 12. An elevator shall be provided in compliance with California Building Code (CBC) Section 11 B-206.2.3 along with requirements specified in Chapter 11 B of the CBC 03-03-2015 Zoning Administrator Resolution No. ZA2015-043 Page 8 of 8 unless said requirements are deemed to be not applicable by the Chief Building Official. 13. Parking spaces shall comply with accessibility requirements specified in Sections 11 B-206.2.3, 11 B-208.2.2., and 11 B-208.2.4 of the CBC unless said requirements are deemed not applicable by the Chief Building Official. 14. 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. 15. Trash receptacles for patrons shall be conveniently located both inside and outside the establishment; however, not located on or within any public property or right-of-way. 16. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. Storage outside of the building, in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 18. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 19. This approval shall expire and become void unless exercised within twenty-four (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. 20. 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 BeVier Chiropractic and Wellness Center including, but not limited to, UP2015-028 (PA2015-106). 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. 03-03-2015