HomeMy WebLinkAbout02 - BeVier Chiropractic and Wellness Center - PA2015-106 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 30, 2015
Agenda Item No. 2:
SUBJECT: BeVier Chiropractic and Wellness Center - (PA2015-106)
20301 Acacia Street, Suite 250
• Minor Use Permit No. UP2015-028
APPLICANT: BeVier Chiropractic Inc.
OWNER: Newton Rogers, LLC
PLANNER: Jason Van Patten, Assistant Planner
(949) 644-3234; jvanpatten@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: SP-7 (Santa Ana Heights Specific Plan)
• General Plan: CO-G (General Commercial Office)
PROJECT SUMMARY
A minor use permit to allow the operation of a chiropractic and wellness center
(Personal Services, Restricted) offering chiropractic care, acupuncture, massage
therapy, thereapeutic fitness and nutritional counseling within an existing two-story
office building.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2015-028 (Attachment No. ZA 1).
DISCUSSION
• The applicant proposes a chiropractic and wellness center within a 2,540-square-
foot tenant space on the upper level of a two-story building previously occupied
by an office use. Adjacent land uses to the east, south, and west include a mix of
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BeVier Chiropractic and Wellness Center
Zoning Administrator, July 30, 2015
Page 2
general office, medical office, and personal service uses. The Newport Beach
Golf Course is located to the north.
• The proposed operation will consist of rooms for client examination, massage
therapy, acupuncture, chiropractic care, and nutrition counseling. All services will
be provided by appointment only Monday, Tuesday, and Thursday, 10 a.m. to
7 p.m., Friday, 10 a.m. to 1 p.m., and Saturday, 10 a.m. to 2 p.m. The office will
be closed Wednesday and Sunday. Staff recommends allowing the
establishment to operate between 8:00 a.m. and 9:00 p.m., daily, to allow for
flexibility in operation.
• 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.
• The subject property is located in the Business Park (BP) 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. Service uses may be permitted within the BP District subject to
the approval of a minor use permit pursuant to Zoning Code Section 20.90.120
(Business Park District: SP-7).
• The subject 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 use is intended to provide complimentary health and
wellness services to those working in, residing in, and visiting the City, consistent
with the CO-G designation.
• 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 parking is required.
• Staff believes the project is compatible with existing and allowed uses within the
building and surrounding area, and that 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
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BeVier Chiropractic and Wellness Center
Zoning Administrator, July 30, 2015
Page 3
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.
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 was posted on the subject property at
least 10 days before the scheduled hearing, 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 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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Van Patten, Assistant Planner
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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. ZA2015-0##
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-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 an
office space to a chiropractic and wellness center and involves minor alterations to the
existing floor plan.
Zoning Administrator Resolution No. ZA2015-0##
Page 2 of 7
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 complimentary 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
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Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 7
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
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Zoning Administrator Resolution No. ZA2015-0##
Page 4 of 7
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 20.48.120.8 (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.
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Zoning Administrator Resolution No. ZA2015-0##
Page 5 of 7
3. The principle 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 public or private schools, parks, playgrounds,
or religious institutions within 500 feet of the subject property.
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.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JUNE, 2015.
By:
Brenda Wisneski, AICP, Zoning Administrator
03-03-2015
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Zoning Administrator Resolution No. ZA2015-0##
Page 6 of 7
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.
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 (818 square feet), 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
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Zoning Administrator Resolution No. ZA2015-0##
Page 7 of 7
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
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Attachment No. ZA 2
Vicinity Map
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Attachment No. ZA 3
Applicant's Project Description
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BeVier Chiropractic and Wellness Group - 20301 Acacia St., Suite 250
Proposal
BeVier Chiropractic and Wellness Group is requesting to establish a chiropractic and wellness
center at 20301 Acacia Street, Suite 250, within the City of Newport Beach. This office will
provide complementary health and wellness services, including: chiropractic care,
acupuncture, massage therapy, one-on-one therapeutic fitness (Pilates) and nutritional
coaching.
Business Operation/Description of Services
This business office will provide traditional and nontraditional complementary health and
wellness services, including: chiropractic care, acupuncture, massage therapy, one-on-one
therapeutic fitness (Pilates) and nutritional coaching. It is not uncommon for clients to obtain
more than one service per visit. For example, a chiropractic patient would also meet with the
nutritionist or acupuncturist, or a physical therapy patient would also meet with an
acupuncturist or massage therapist. More detail regarding the business operation is provided
as follows. The business office is a total of 2,540 square feet in size.
All services provided in the office will be provided on appointment only basis and the office will
be open from 10a-7p on Monday, Tuesday and Thursday, from 10a-1 p Friday and from 10a-2p
on Saturday. The office will be closed on Wednesday and Sunday. There will be 3-5
employees at the office on a regular basis, with a maximum of five at any one time.
Acupuncture therapy and Nutrition Counseling will be offered on alternate days. One-on-one
Pilates and Physical Therapy will also be offered on alternate days. Given our current typical
clientele, peak hours would generally be at lunchtime, after 4pm and on Saturdays.
Following is a summary of the use of the space, a floor plan, site summary and tenant list. The
proposed personal service use is consistent with the Newport Beach General Plan, Specific
Plan Designation and existing office uses on the same property and uses within the area.
There was previously a professional office in this same tenant space. With a maximum
potential of 5 employees and 3 clients being served at a single time, maximum parking
demand for the business would be 11 spaces (5 employees, 3 clients being served and 3
clients waiting). Due to the operation plan of the business and the maximum
employees/clients as indicated above, the demand generated by this office is similar to the
general office parking requirement of 1 space/ 250 square feet (11.5 spaces).
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Summary of Use of Space Within the Office (Reference Attached Floor Plan)
• Reception area: Will be used for appointment check in, check out and client waiting
room. The reception area will be expanded into the adjacent office, as the current
reception room is not large enough to accommodate a reception desk and four
reception chairs. A non-bearing wall in between the reception area will be opened up
(see note on floor plan) to allow for a more open entry area and waiting lobby for our
clients.
• Consultation room: This room will be used as a private consultation room with clients for
ial exam, re-exam and to establish a treatment plan for the patient. This room will
only be used by the Chiropractor and chiropractic clients. At such time that the nutrition
counseling room is converted to an x-ray room, the nutrition counseling will take place in
this office.
• Pilates room: This room will be used for one-on-one instruction only as rehabilitative
therapy and strength therapy prescribed by doctor or physical therapist, and will only be
available two days week. Pilates will not be offered as a class.
• Massage Therapy rooms: These rooms will be available for clients for massage therapy
by a Licensed California Massage Therapist. Typically only one room would be used at
a time.
• Acupuncture room: This room will be used for acupuncture therapy delivery. This
service will only be offered one day a week.
• Nutritional Counseling room: This room will be used for private client consultations with
a nutritionist. Nutritional Counseling will only be offered once a week.
• Office: This office will only be used for administrative and clerical use. This office will
not be used for patient consultations or any other services.
• Kitchen: The kitchen will be used by employees for the storage and preparation of food
and drinks for employee lunches and breaks.
• Storage room: Will be used for storage of supplies, cleaning materials and other
incidental items related to the use of the office space.
• Chiropractic area: Chiropractic area will be used for one-on-one chiropractic care.
• Rehab area: Physical Therapy will be offered two days per week for one-on-one
treatment and will occur in this area of the office.
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Site Summary for Existing Office Complex — 20301/20311/20321 Acacia Street
• General Plan: CO-G General Commercial Office - The CO-G designation is intended to
provide for administrative, professional, and medical offices with limited accessory retail
and service uses. Hotels, motels, and convalescent hospitals are not permitted.
• Zoning: SP-7 Santa Ana Heights Specific Plan Section 20.90.120 - 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 shall be given to the protection of the adjacent
residential uses through regulation of building mass and height, landscape buffers, and
architectural design features.
• Specific Plan Land Use: Business Park
• Statistical Area: J6
The existing office complex is composed of three, two-story buildings, all of which contain a
mix of professional and medical offices. 20301 and 20311 Acacia contain professional and
medical offices. There are total of 97 parking spaces on site, 10 of which are within garages
located on the property (87 surface spaces).
Aerial of Office Complex
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Tenant List - 20301, 20311 and 20321 Acacia St, Newport Beach CA
20301 Acacia St
Suite #
#100 - Med Office In E. Moon
#150- Med Office Marianne D'Amore
#200 Pyramid Capital Investments
Proposed Personal Use
20311 Acacia St
Suite#
#100- Med Office Back Bay Medical
#140- Med Office Advanced Body Scan
#200 The Duggan Institute
#240 The Duggan Institute
20321 Acacia St
Suite#
#100 Curtis Properties
#150 Focus on Health
#200 Bath & Body Works HR
#210 Bath & Body Wrks Reg. Office
#220 P-3 North America
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Justifications and Findings
Chapter 20.52 of the Zoning Code authorizes the Planning Commission or the Hearing Officer
to approve, conditionally approve, or disapprove applications for a Conditional Use Permit; and
the Zoning Administrator to approve, conditionally approve, or disapprove applications for a
Minor Use Permit. To approve or conditionally approve a use permit, the hearing body must
make the following findings provided by Section 20.52.020 F.
1. The use is consistent with the General Plan and any applicable specific plan;
The site is designated by the General Plan as CO-G General Commercial Office. This
designation is intended to provide for administrative, professional, and medical offices
with limited accessory retail and service uses. The site zoning is SP-7 Santa Ana
Heights Specific Plan, with the Business Park District. 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. The proposed wellness office is consistent with both the general plan
and zoning designations for the property as it is a personal service use.
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Service uses are allowed by approval of a Minor Use Permit in the Santa Ana Heights
Specific Plan. This application is being made in conformance with the requirements of
this chapter. Additionally, there are no changes property to the site and the existing
parking, landscaping and access to the site will remain unchanged and in conformance
with originally approved plans.
3. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
All services will be provided on appointment only basis and the office will be open from
10a-7p on Monday, Tuesday and Thursday, from 10a-1p Friday and from 10a-2p on
Saturday. The office will be closed on Wednesday and Sunday. There will be 3-5
employees at the office on a regular basis, with a maximum of five at any one time.
Acupuncture therapy and Nutrition Counseling will be offered on alternate days. One-
on-one Pilates and Physical Therapy will also be offered on alternate days. Given
typical clientele, peak hours would generally be at lunchtime, after 4pm and on
Saturdays. This business provides primarily personal services (massage, nutritional
counseling, exercise and strength training) and less than fifty per cent (505yo) of the floor
area of the space would be used for medical treatment/purposes. As such, the design,
location, size and operating characteristics of the proposed office use, as described
above, are compatible with the existing and allowed uses on the site, which include
professional and medical offices similar to the proposed use and that also operate the
same general hours proposed for the wellness office.
2.5
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and vehicle (e.g., fire and medical) access
and public services and utilities; and
The existing office complex is composed of three, two-story buildings, all of which
contain a mix of professional and medical offices. There are total of 97 parking spaces
on site, 10 of which are within garages located on the property(87 surface spaces).
The proposed personal service use will operate within an existing office space on the
second floor of the one of the three buildings on site. No expansion of the building is
proposed. The site was developed as a business office complex. There are no
changes proposed to the site and the provision of existing access, public services and
utilities are existent and adequate to accommodate the proposed use.
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or 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.
All services will be provided on appointment only basis and the office will be open from
10a-7p on Monday, Tuesday and Thursday, from 10a-1p Friday and from 10a-2p on
Saturday. The office will be closed on Wednesday and Sunday. The existing office
complex is composed of three, two-story buildings, all of which contain a mix of
professional and medical offices. The operation of the proposed personal service use
would not be detrimental the orderly growth of the city as it is consistent with existing
uses on the property and within the vicinity, and the hours of operation are consistent
with nearby office uses. Therefore the use would not pose a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working
in the neighborhood of the proposed use.
20
Attachment No. ZA 4
Project Plans
27
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PA2015-106 Attachment No. ZA 4 - Project Plans
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20301 Acacia JT9 Spaces 9 SIIIpaces
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20311 Acaciav office Two story oce building
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7 Spaces 7 Spaces
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20321 AcaciaLn
Two story office building �r I I chi
(Not a part) I I I I I 1
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Property Description: Property Summary: nV1 h
Existing 3 building office complex APN: 439-391-25 r
(2 story buildings) located at General Plan: CO-G—General Commercial Office
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20301-20321 Acacia Street Zoning: Santa Ana Heights Specific Plan «� w,Q �`
97 parking spaces on site Specific Plan Land Use: Business Park ,.. N m
Property Size: Approx. 1.35 acres ' f
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PA2015-106 Attachment No. ZA 4 - Project Plans
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Proped We Iness Office
Not a part of project
Suite 250
Suite 200
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60'
93'
2,540 sf office R
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20301 Acacia Street, 2nd Floor
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Item No. 2a: Additional Materials Received
Zoning Administrator - July 30, 2015
BeVier Chiropractic and Wellness Center (PA2015-106)
July 30, 2015, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher( immosheno)vahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item No. 2. BeVier Chiropractic and Wellness Center - (PA2015-106)
I think the outcome of the proposed resolution is entirely in keeping with the intent and spirit of
the Newport Beach Zoning Code, including the Santa Ana Heights Specific Plan, but I would still
like to offer these comments:
1. On "Page 2 of 7" (handwritten page 8), under Facts in Support of Finding A.1, 1 believe the
word "complimentary" was intended to be "complementary." That is, the applicant's array
of health and wellness services are intended to complete and enhance one another.
"Complimentary health and wellness services" would mean the applicant intends to offer the
services free of charge.
2. On the same page, under Facts in Support of Finding B.1, 1 believe the use is allowed, but
its classification as "Personal Services, Restricted' seems questionable. The definition of
that category in NBMC Subsection 20.70.020.P does include "Healing arts (acupuncture,
aromatherapy, etc.)," but only if they are "with no services qualifying under 'Massage
establishments."' "Massage establishments"are in turn defined by reference to NMBC
Section 5.50.010 which regards them as "any business at a fixed location where massage is
performed for compensation, excluding those locations where massage is only provided on
an out-call basis."
A literal reading of this is that the offering of massage for compensation, by anyone and
whether an "ancillary" service or not, qualifies a business as a "massage establishment"
which in turn means it is not in the "Personal Services, Restricted' list of Title 20.
However, NBMC Chapter 5.50 goes on to say in Section 5.50.040 ("Operator's Permit
Exemptions") that "the provisions of this chapter shall not apply' to certain classes of
persons performing massages (doctors, chiropractors, and others), suggesting the Zoning
Code (Title 20) relies on a definition in a chapter that may not have been intended to apply
in many cases. In addition, Title 20 includes (in Subsection 20.70.020.M) its own separate
but similar "Massage service, accessory' definition of unknown significance.
Some clean-up of the codes, clarifying what is intended may be called for.
3. On "Page 5 of 7" (handwritten page 11), under Facts in Support of Finding F.3, "principle" is
clearly a typo for"principal." However, I have to question why findings F, G and H are
needed at all.
Facts in Support of Finding H.1 appears to establish the proposal meets the location
requirements for massage establishments imposed by Section 20.48.120 as specified in
Subsection 20.48.120.A. What is the purpose of making findings for a waiver under
Subsection 20.48.120.B? What location restriction is being waived? Shouldn't the three
findings be replaced with a single one saying the proposal complies with Section
20.48.120?
Item No. 2a: Additional Materials Received
Zoning Administrator - July 30, 2015
July 30, 2015, Zoning Administrator agenda Item�Cc)grQsopJKi%0ggrWpg8S o�Lnter (PA2015-106)
4. Near the bottom of the same page, in "PASSED, APPROVED, AND ADOPTED THIS 30TH
DAY OF JUNE, 2015," "JUNE' would seem to be a typo for"JULY."
PA2015-106 Attachment No. ZA 4 - Project Plans
2 L 20301 Acacia St Suite # 250
2,540 sf office with 817.75 sf of medical office (shaded area)
Office 8'
Massage Massage
Therapy Therapy Acupuncture Nutrition
Counseling/ I '
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Future X ray
(102 sf)
I
7PHates
Restroom
;H Chiropractic Care 1
<— 8'6" � 1
(486 sf) ehab Storage 1
o f u 30'
A Client Consultation _
W (Initial Examination) Closet Reception Reception Kitchen 1
(229.75 sf) J VI
4' = 16' t L•
17' Non structural wall to be removed to expand reception area
21540 SF —�
S2