Loading...
HomeMy WebLinkAbout02 - Back To Basics Minor Use Permit_PA2016-060 - PA2016-060 COMMUNITY DEVELOPMENT DEPARTMENT VPLANNING DIVISION low 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 cq�iFOw�avP 949-644-3200 Fax: 949-644-3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 30, 2016 Agenda Item No. 2 SUBJECT: Back To Basics Minor Use Permit (PA2016-060) 20311 Birch Street, Suite 150 • Minor Use Permit No. UP2016-014 APPLICANT: Back To Basics Health and Wellness OWNER: Aliece Pickett PLANNER: Chelsea Crager, Assistant Planner (949) 644-3227, ccrager@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: SP-7 (Santa Ana Heights Specific Plan) • General Plan: CO-G (General Commercial Office) PROJECT SUMMARY A request for a minor use permit to allow the operation of massage services as an accessory use to an existing chiropractic office in a 3,068 square-foot suite on the first floor of an existing multi-tenant commercial building. The tenant space is improved with three chiropractic rooms, two massage rooms, an exam room, acupuncture room, a nutrition room, an office, a kitchenette, restrooms, and a reception area. Use Permit UP2012-019 was approved in 2012 allowing 14,150 square feet at the subject property, including the subject suite, to be allocated for medical use. The application also includes a request to waive location restrictions associated with massage establishments. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2016-014 (Attachment No. ZA 1). 1 Back to Basics Minor Use Permit Zoning Administrator, June 30, 2016 Page 2 DISCUSSION • The applicant proposes to legalize existing massage services in conjunction with an existing chiropractic office. The office is located on the first floor of 20311 Birch Street, one of five buildings that make up the Birch Heights office complex. The tenant space is 3,068 square feet with two rooms devoted to massage services. In 2012, the Zoning Administrator approved 14,150 square feet at 20321, 20311, 20301, 20281, and 20271 Birch Street, including the subject suite, to be allowed for medical office use with Use Permit No. UP2012-019 (Attachment No. ZA 3). • Existing uses in the building include general offices and medical offices. Adjacent properties contain similar nonresidential professional and medical uses. The proposed use is considered accessory massage services per Zoning Code Section 20.70.020 (Definitions of Specialized Terms and Phrases) because the use is not more than twenty-five (25) percent of the floor area of the chiropractic office, and is consistent with existing and permitted uses in the area. • The operation consists of two massage therapy rooms, three chiropractic rooms, an exam room, an acupuncture room, a nutrition room, an office, a kitchenette, restrooms, and a reception area. The hours of operation are Mondays, Wednesdays, and Fridays 9:00 a.m. to 6:30 p.m., Tuesdays 10:00 a.m. to 6:30 p.m., Thursdays 10:00 a.m. to 1:00 p.m., and Saturdays 9:00 a.m. to 1:00 p.m. Staff recommends allowing the establishment to operate between 8:00 a.m. and 9:00 p.m. daily to allow for flexibility in operation. A maximum of six employees, including doctors, therapists, and administration, will be onsite at one time. • The subject property is located in the Business Park area of the Santa Ana Heights Specific Plan (SP-7, BP) Zoning District and is designated General Commercial Office (CO-G) in the Land Use Element of the General Plan. The intent of these designations is to provide for administrative and professional offices, medical offices, commercial uses, specific uses related to product development, and limited light industrial use. Pursuant to Section 20.90.120 (Business Park District: SP-7) of the Zoning Code, service uses are permitted at the subject property with approval of a minor use permit. The massage services proposed within the chiropractic office are consistent with this zoning designation. • The establishment is not located within 500 feet of a public or private school, park or playground, civic center, cultural site, or religious institution. However, massage services have been approved through Minor Use Permit No. UP2015- 028 at 20301 Acacia Street, located approximately 360 feet northwest of the subject property. Zoning Code Section 20.48.120 (Massage Establishments and 2 Back to Basics Minor Use Permit Zoning Administrator, June 30, 2016 Page 3 Services) requires a minimum 500-foot separation between massage establishments unless the use permit review authority waives this requirement. Therefore, the application includes a request to waive this location restriction. • The massage services located at 20301 Acacia Street are accessory to a health and wellness center. Because the two massage uses are accessory to medical office uses and therefore small in nature, a waiver of the 500-foot separation requirement will not be contrary to public interest. • Pursuant to the Zoning Code, the City may establish the parking requirement for a massage establishment through the use permit process. The applicant has proposed massage services in two rooms, with the rest of the tenant space functioning as a chiropractic office. Because the massage use is integrated into the medical office, the medical office parking rate (1 space per 200 square feet of gross floor area) approved for the suite in 2012 is appropriate. • The applicant is required to obtain an Operator License from the Newport Beach Police Department in compliance with Chapter 5.50 (Massage Establishments) of the Newport Beach Municipal Code. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves the establishment of massage services and does not result in an intensification of use, parking, or expansion of floor area. 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 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 or call for review 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. 3 Back to Basics Minor Use Permit Zoning Administrator, June 30, 2016 Page 4 Prepared by: FAL Chelsea Crager, As� tant Planner GBR/cc Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Use Permit No. UP2012-019 ZA 4 Applicant's Project Description ZA 5 Project Plans 4 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2016-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-014 FOR MASSAGE SERVICES IN CONJUNCTION WITH AN EXISTING CHIROPRACTIC OFFICE LOCATED AT 20311 BIRCH STREET SUITE 150 (PA2016-060) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Back to Basics Health and Wellness, with respect to property located at 20311 Birch Street, Suite 150, 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 applicant proposes a minor use permit to allow the operation of massage services as an accessory use to an existing chiropractic office in a 3,068 square-foot suite on the first floor of an existing multi-tenant commercial building. The tenant space is improved with three chiropractic rooms, two massage rooms, an exam room, an acupuncture room, a nutrition room, an office, a kitchenette, restrooms, and a reception area. Use Permit UP2012-019 was approved in 2012 allowing 14,150 square feet at the subject property, including the subject suite, to be allocated for medical use. The application also includes a request to waive location restrictions associated with massage establishments. 3. The subject property is located in the Business Park area 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 June 30, 2016, 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) of the Guidelines for CEQA. 2. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves the allowance of Zoning Administrator Resolution No. ZA2016-### Page 2 of 9 massage services and does not result in an intensification of use, parking, or expansion in floor area. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits — Findings and Decision) 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) in the Land Use Element of the General Plan. This designation is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. 2. The proposed massage service is accessory to the existing chiropractic office and is therefore consistent with the CO-G land use designation. 3. The site is located in the Santa Ana Heights Specific Plan District within the Business Park area (SP-7, BP). Service uses are allowed within this area with 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 the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. Service uses are allowed within the Business Park area of the Santa Ana Heights Specific Plan District (SP-7, BP) with approval of a minor use permit. 2. In 2012, Use Permit UP2012-019 was approved to allow 14,150-gross-square-feet of medical office uses within the 45,750-net-square-foot office condominium complex. The proposed minor use permit would allow accessory massage services in conjunction with an existing chiropractic office located within a suite approved for medical office uses. 3. The proposed massage use is consistent with the legislative intent of Section 20.48.120 (Massage Establishments and Services) and Chapter 5.50 (Massage Establishments) of the Municipal Code. These sections provide standards for the establishment, location, and operation of massage establishments. The intent is to promote the operation of legitimate massage services and to prevent problems of 03-03-2015 Zoning Administrator Resolution No. ZA2016-### Page 3 of 9 blight and deterioration that may accompany and result from large numbers of massage establishments. 4. The massage establishment is not located within 500 feet of a public or private school, park, playground, civic center, cultural site, or religious institution. 5. Pursuant to the Zoning Code, the City may establish the parking requirement for a massage use through the use permit process. The proposed massage use is accessory and integrated into the existing chiropractic office and does not intensify the use. Therefore, it is sufficiently parked at the medical office parking rate approved for the suite with Use Permit UP2012-019 (PA2012-112). 6. 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 applicant proposes massage services as an accessory use to an existing chiropractic office on the first floor of multi-tenant commercial building within an office complex. 2. Existing uses in the building include general offices and medical offices. Adjacent land uses include similar nonresidential uses. The proposed massage services will provide a service that is complementary to the existing permitted chiropractic office. 3. The nearest residential uses are located across Birch Street. These properties are also located within the Business Park area of the Santa Ana Heights Specific Plan. Massage services as an accessory use to an existing chiropractic office will not intensify or have any negative impacts on the nearby residential uses. 4. The proposed operation will consist of two massage rooms, accessory and integrated into a chiropractic office. A maximum of six employees will be on-site at one time. 5. As conditioned, the hours of operation are 8:00 a.m. to 9:00 p.m. daily and should minimize any potential late night/early morning land use conflicts with nearby properties, including residential uses across Birch Street. 6. The proposed massage use will not result in an intensification of use because it is accessory to the existing chiropractic office. Therefore, no additional parking is required. Finding: 03-03-2015 g Zoning Administrator Resolution No. ZA2016-### Page 4 of 9 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 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 UP2012-019 (PA2012-112), 14,150 square feet is permitted to operate as a medical office use. 2. Parking is provided within shared parking areas below each building and within the open area of the site facing Birch Street. 3. Adequate public and emergency vehicle access, public services, and utilities are provided on the property. 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 establishment has been conditioned with hours of operation that will minimize any potential detriment to the area, including the residential uses across Birch Street. 2. The existing multi-tenant building is not located in an area with problems of blight and deterioration. 3. The Building and Code Enforcement Divisions and the Fire and Police Departments have reviewed the proposal. Recommended conditions of approval have been included to limit any detriment to the City or general welfare of person's residing or working in the surrounding neighborhood. In accordance with Section 20.48.120.B (Massage Establishments and Services — Waiver of Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts in support of the findings are set forth: Finding: F. The proposed use will not be contrary to public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed. 03-03-2015 9 Zoning Administrator Resolution No. ZA2016-### Page 5 of 9 Facts in Support of Finding: 1. The intent of this section is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration that can accompany large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. 2. Although the subject property is located within 500 feet of another property approved to offer massage services (20301 Acacia Street, Suite 250 — chiropractic and wellness center), both establishments offer massage as a an accessory and integrated use. 3. Massage is a common accessory use to a chiropractic office and is included in the Scope of Chiropractic Practice in Article 1, Section 302 of the State of California Board of Chiropractic Examiners Rules and Regulations. 4. The business at 20301 Acacia Street operates pursuant to Use Permit No. UP2015- 028, which operates as a health and wellness center with ancillary massage services. The two massage services will not be contrary to public interest. Both require an Operator Permits from the Newport Beach Police Department and must comply with conditions of approval. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area. Facts in Support of Finding: 1. The chiropractic office is located in a well maintained office complex. The property is not located in a blighted area. Finding: H. The proposed use will not adversely affect a religious institution, school, park, or playground. Facts in Support of Finding: 1. There are not religious institutions, schools, parks, or playgrounds within 500 feet of the subject property, therefore the proposed use will not have any adverse effects on these uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 03-03-2015 2� Zoning Administrator Resolution No. ZA2016-### Page 6 of 9 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2016-014, 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 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, 2016. BY: Patrick J. Alford, Zoning Administrator 03-03-2015 22 Zoning Administrator Resolution No. ZA2016-### Page 7 of 9 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 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. 3. The 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. 4. Any change in operational characteristics, expansion in area, or other modification to the approved plans may require an amendment to this Minor Use Permit or the processing of a new permit. 5. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. daily. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 8. A maximum of six employees for the medical office and accessory massage use combined shall be onsite at any one time. 9. A maximum of two rooms shall be used for massage therapy. 10. An independent massage business is not permitted unless an amendment to this Minor Use Permit or a new Use Permit is first approved. 11. Any therapists/technicians working as independent contractors shall obtain their own City of Newport Beach business license. 12. A valid business license from the City of Newport Beach with sellers permit shall be required. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. 03-03-2015 12 Zoning Administrator Resolution No. ZA2016-### Page 8 of 9 13. The applicant shall adhere to all provisions set forth in AB1147 and Business and Professions Code Chapter 10.5 (Massage Therapy Act), relating to operating a massage establishment. 14. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department, including any existing improvements that were constructed without the benefit of building permits. 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. 15. 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 property owner or the leasing agent. 16. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Federal holidays. 17. 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. 18. 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 Back to Basics Minor Use Permit including, but not limited to, Minor Use Permit No. UP2016-014 (PA2016-060). 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. Police Department 19. The operator must apply for, obtain, and maintain an Operator Permit in good standing with the Newport Beach Police Department. 20. All employees of the applicant business who conduct massage on or off premises must be certified by the CAMTC. 03-03-2015 23 Zoning Administrator Resolution No. ZA2016-### Page 9 of 9 Code Enforcement Division 21 . Provide employee's names, contact information and list of state certifications. Current list shall be kept onsite at all times and available upon request by City officials for inspection. 22. All windows shall remain visible and transparent in nature. Window signage shall comply with Newport Beach Municipal Code. 23. The facility shall be maintained in a safe and sanitary condition. 24. No deliveries or supporting services shall occur outside the hours of 8:00 a.m. to 9:00 p.m. daily. 25. Violations of the Penal Code may invoke revocation of this permit. 03-03-2015 1-4 Attachment No. ZA 2 Vicinity Map 15 VICINITY MAP vIlly r ' r Os . moi ` '.� . � + •,� ' '� �`ra♦*'�� \� I:,�h� Minor Use Permit No. UP2016-014 PA2016-060 20311 Birch Street, Suite 150 i Attachment No. ZA 3 Use Permit No. UP2012-019 2� v,Ewpo�r COMMUNITY DEVELOPMENT DEPARTMENT 04 �� PLANNING DIVISION 3300 Newport Boulevard,Building C, Newport Beach, CA 92663 u (949)644-3200 Fax: (949) 644-3229 ogLlFOR�lP www.newportbeachca.gov October 25, 2012 Aliece Pickett 33322 Mesa Vista Drive Dana Point, CA 92629 Re: Minor Use Permit No. UP2012-019 (PA2012-112) 20311 SW Birch Street Birch Heights Professional Condominiums Minor Use Permit Dear Ms. Pickett, It was a pleasure working with you on the Birch Heights Professional Condominiums Minor Use Permit. Please find attached the approved resolution for your project. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, Kay Si s Assistant Planner GR/ks cc: Peter Brandow: President of the Birch Heights Professional Condominium Association 20301 Birch Street, Suite 100 Newport Beach, CA 92660 Tmplt:12114/11 Zg RESOLUTION NO. ZA2012-038 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012-019 TO REPLACE 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 20321, 20311, 20301, 20281, AND 20271 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 Section 20.40.05, 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. 29 Zoning Administrator Resolution No. ZA2012-038 Page 2 of 7 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 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. Tmplt:05/16/2012 Zoning Administrator Resolution No. ZA2012-038 Page 3 of 7 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. 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 188 required (189 existing) 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. Tmplt:05/16/2012 21 Zoning Administrator Resolution No. ZA2012-038 Page 4 of 7 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 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. Tmplt:05/16/2012 22 Zoning Administrator Resolution No. ZA2012-038 Page 5 of 7 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. PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2012. 1 tBred4WisneskiA!�CP, Zoning Administrator Tmplt:05/16/2012 Zoning Administrator Resolution No. ZA2012-038 Page 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1 . 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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. 7. 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. 8. 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. 9. 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. Tmplt:05/16/2012 24 Zoning Administrator Resolution No. ZA2012-038 Page 7 of 7 10. 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. 11. 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 12. 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. Tmplt:05/16/2012 215 Attachment No. ZA 4 Applicant's Project Description 20 PA2016-060 to BACK TO BASICS City of Newport Beach Community Development Dept. 100 Civic Center Drive, P.O. Box 1768 Newport Beach, CA 92658-8915 Thursday, February 4,2016 To Whom It May Concern, 20311 SW Birch St. Suite Iso This document serves to describe theproposed ro ect in detail. In order to comply with the Newport Beach,CA,92660 project P Y T 949 650 0736 newly implemented City of Newport Beach Massage Operator Permit that came into effect in F 949 650 3912 2016, our health and wellness business is required to provide other relevant details relating to infoObacktobasicsnewport.com wwwbacktobasicsnewport.com performing professionally licensed massage therapy and acupuncture services in order to Move well.Feel great.Be happy. obtain a"Minor Use Permit'for such services. This permit is in addition to the prior approval for ground floor medical office (per Approval #: UP2012-019, PA2012-112), since the facility at 20311 SW Birch St., Newport Beach,CA, 92660 is already zoned for"medical' use which is applicable to the practice of Chiropractic. The designated treatment rooms are kept to a high standard of cleanliness, comfort and accessibility for both the licensed massage practitioners and their clients and will be operated within the requirements of California Massage Therapy Council(CAMTC)and the "Massage Therapy Act." Back to Basics Health and Wellness, located in Newport Beach for over 35 years, provides a number of health and wellness related services to its clients and patients in a professional clinic setting. All of our Massage Therapists are duly licensed by the CAMTC, each with years of professional clinical experience, and are in possession of valid permits and applicable city business licenses. Professional Massage therapy is a vital component of our patient care and is a listed service under the State of California Chiropractic Board 'Practice of Chiropractic - Scope of Practice" (See State of Califomia Board of Chiropractic Examiners Rules and Regulations Article 1 Section 302). CAMTC licensed massage professionals have completed a high level of training at accredited and approved schools and have additionally undergone an extensive application process including fingerprinting, LiveScan and background checks. Our goal is to provide a safe and professional environment for our patients to receive therapeutic benefit from massage therapy and other related health and wellness services. it is our expectation that our Minor Use is within the findings listed in Section 20.52.020 F; providing a location that is physically suitable and compatible for safe operation. Please find attached all pertinent supporting documentation. We appreciate your consideration in this matter and welcome any questions regarding the application. Inith �Vii' Dr. om Hewitt, DC, CSCS 2j Attachment No. ZA 5 Project Plans 22 PA2016-060 �� 5TORE NEW WkU (N)WAL I 0} 06 66E DETArL A , E 3080 E 3080 E 3x80 � EXAT1 �L�og9 P STDR� REMDYe. 'waw N m �E} WA"j ' — 14, tL4.r En E�3o OK r.ter DCONOTE:12 1/2" BATT INSUL n @ CEIL'6-2' EA.SIOE OF Q COMMON WALL BETWEEN N (� TENANT & R.R. 07 F9oSa Q y30" O (nz NEW WAU, W LU )3DBo S69 mfkrr A' WALL )�sa P "AM • s _Q. E $OB KITCWENET[ - - @ f S080 0 (-�)WAU9- CONSm o (E)wAu5 N Li �L SPRINk.STANO PIP! SUITE #180 W/OPG SC HROBO A DOOR W/TUCH LATC Bldg. B" FRAME 6 DOOR TO W/ DRYWALL, - FIRST FLOOR PLAN SCALE:V4"-P-0- Ll MI : SON I IN PER Imm - i r 1; - `� •`� ��r� is y�'v flit _ :n �_1_ �(ol► ,� ����'�tetO�OZetezoZ0�07�;.�!4