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HomeMy WebLinkAbout1934 - A CONDITIONAL USE PERMIT FOR A LABORATORY. - 20377 Acacia StRESOLUTION NO. 1934 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013 -028 FOR A LABORATORY USE LOCATED AT 20377 ACACIA STREET (PA2013 -247) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Greg Watkins of Watkins Cerny, Architects and Planners, Inc., with respect to property located at 20377 Acacia Street, and legally described as those portions of Lots 55 and 56 of Tract No. 706, in the City of Newport Beach, 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, shown and defined as Parcel 1 of Lot Line Adjustment No. LL 2002 -023, recorded June 4, 2003, as Instrument No. 2003000647885 of Official Records requesting approval of a conditional use permit to allow a laboratory use. 2. The proposed urinalysis laboratory would be located on the second floor of an existing two -story office building. No change in floor area is proposed, and remaining general office uses occupying the building will remain unchanged. The laboratory will test urine specimens delivered to the site; there will be no walk -ins and no samples taken on the premise. 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 February 6, 2014, in the Council Chambers 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 Planning Commission 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 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). Planning Commission Resolution No. 1934 Paae 2 of 7 2. Class 1 exempts projects involving negligible or no expansion of use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 3. The proposed project involves a tenant improvement to convert an existing office use to a laboratory use and involves no expansion in floor area. 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: A -1. The subject property is designated as 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. Other uses may be permitted in accordance with the CO -G land use designation. A -2. The proposed laboratory use will provide a medical service, consistent with the CO -G land use designation. A -3. The subject property is located in the Business Park District (BP) of the Santa Ana Heights Specific Plan (SP -7), 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. A -4. The proposed laboratory will conduct testing and provide a medical service, which is consistent with the intent of the Business Park District. 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: B -1. Research, testing, and development laboratories are permitted within the Business Park District of the Santa Ana Height Specific Plan with the approval of a Conditional Use Permit. The proposal is for a laboratory use that will conduct testing. Planning Commission Resolution No. 1934 Page 3 of 7 B -2. The laboratory use is expected to operate between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday which is compatible with surrounding office uses. B -3. The existing office building currently provides 98 parking spaces, satisfying the parking requirement for general commercial office uses which is one space per 250 square feet of floor area (24,490 sq. ft. / 1 space per 250 sq. ft.). The proposed conversion of a general office use to a laboratory use results in a lower parking demand (1 space per 500 sq. ft.) and a surplus of approximately eight parking spaces. B -4. The proposed project has been reviewed and will comply with all applicable provisions of the Zoning Code, Municipal Code, and Santa Ana Heights Specific Plan. 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: C -1. The proposed project involves a tenant improvement to a second floor suite within an existing two -story office building. No increase in floor area is proposed. C -2. The project will be located in an area intended specifically for nonresidential uses. General commercial offices, medical offices, and a fire facility (Santa Ana Heights Fire Station) exist in the vicinity. Sensitive uses such as residential, educational institutions, hospitals, and nursing homes are prohibited in the Business Park District. Therefore, the proposed laboratory use is compatible with the surrounding uses. C -3. The proposed laboratory will consist of areas for testing, refrigerating, and freezing specimens with other areas designated for professional office and storage. Specimens will be delivered directly to the site with no walk -ins, and no samples taken on the premise. 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: D -1. The project site has demonstrated that it is physically suitable to support the existing development. The addition of a laboratory use within an existing building will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. Planning Commission Resolution No. 1934 Page 4 of 7 D -2. A laboratory use has a less intensive parking requirement than general commercial office uses. Therefore, the operation of a laboratory will be adequately served by the existing design of the site. D -3. The project site is adjacent to the Santa Ana Heights Fire Station which provides convenient access to emergency service. D -4. The Public Works Department, Building Division, and Fire Department have reviewed the project proposal and did not have any concerns regarding access, public services, or utilities provided to the existing development. 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: E -1. The proposed laboratory use is intended to provide a medical service and be compatible with surrounding commercial uses. E -2. Operation of the laboratory will not result in any smells, and all testing will be contained entirely inside the building and out of public view. E -3. The nearest residence is located approximately 690 feet southwest of the subject property buffered by Acacia Street, an existing office complex, and Birch Street. The operation of the laboratory is at a distance and in a location such hat it will not impact persons residing in the neighborhood. E -4. The operator will provide hazardous waste containers, eye wash facilities, vent hoods, and a vented hazardous waste cabinet for the storage of chemicals used in testing to ensure the general welfare of persons working in the building and in the neighborhood. E -5. The project is conditioned such that the laboratory use shall obtain approval from the Air Quality Management District (AQMD). SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013 -028, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Planning Commission Resolution No. 1934 Paae 5 of 7 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 6t" DAY OF FEBRUARY, 2014. AYES: AMERI, BROWN, HILLGREN, AND KRAMER NOES: NONE ABSTAIN: NONE ABSENT: LAWLER, MYERS, AND TUCKER M F-M Planning Commission Resolution No. 1934 Paae 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. Conditional Use Permit No. UP2013 -028 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 4. The applicant shall obtain approval from the Air Quality Management District (AQMD). 5. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed use 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 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. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 9. Should the property be sold or otherwise come under different ownership, any future Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM Location Interior Exterior Interior Exterior Residential Property 45d BA 55dBA 40d BA 50dBA Residential Property located within 100 feet of a commercial property 45d BA 60dBA 45d BA 50dBA Mixed Use Property 45d BA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 9. Should the property be sold or otherwise come under different ownership, any future Planning Commission Resolution No. 1934 Page 7 of 7 owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. 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 Holidays. 11. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 12. 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. 13. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of Community Development, and may require an amendment to this Conditional Use Permit. 14. 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. 15. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 16. 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 Acacia Street Laboratory including, but not limited to, the UP2013 -028 (PA2013 -247). 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.