Loading...
HomeMy WebLinkAboutZA2012-038 Birch Heights Professional Condominiums Minor Use PermitRESOLUTION 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. Zoning Administrator Resolution No. ZA2012 -038 Paqe 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 Paqe 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: 05/1612012 Zoning Administrator Resolution No. ZA2012 -038 Paqe 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: 05/1612012 Zoning Administrator Resolution No. ZA2012 -038 Paqe 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. Brekdfi Wisneski, AICP, Zoning Administrator Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -038 Paqe 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING This approval supersedes Use Permit No. UP2005 -024 (PA2005 -111). The maximum square footage devoted to medical use shall not exceed 14,150 square feet of medical office use within the 5- building, office - condominium development unless an amendment to this Use Permit is approved. 2. The second floor office - condominium located at 20311 SW Birch Street (5,000 gross square feet) shall be allowed for medical office uses, as previously approved. The additional 9,150- net - square -feet of floor area approved for medical office use shall be allocated as follows: 4,575- net - square -feet of floor area to the first floor office - condominium located at 20311 SW Birch Street. The remaining 4,575- net - square -feet of floor area shall be allowed within any of the office- condominiums located in the five - building office complex. 3. Prior to issuance of building permits or approval of a business license for medical office use within this office - condominium complex, a revised plan, which indicates the locations of medical office floor area approved with this use permit shall be provided to the Planning Division to include in the use permit file. 4. The total number of parking spaces provided for all uses on site will be consistent with requirements of the Zoning Code. 5. 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: 05/1612012 Zoning Administrator Resolution No. ZA2012 -038 Paqe 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: 05/1612012