Loading...
HomeMy WebLinkAboutZA2014-028 - MINOR USE PERMIT NEWPORT MESA WELLNESS - 20280 Acacia St RESOLUTION NO. ZA2014-028 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-021 FOR A MEDICAL OFFICE USE LOCATED AT 20280 ACACIA STREET, SUITE 200 (PA2014-091) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dr. Joseph A. Murphy, with respect to property located at 20280 Acacia Street, Suite 200 and legally described as Tract 706 Lot 69 except the SWLY 33 feet requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow a medical office use to operate within an existing 2,352-square-foot vacant tenant space within a multi-tenant office building. The applicant proposes to provide traditional chiropractic services in conjunction with holistic and nutritional support to patients with chronic autoimmune diseases. The proposed hours of operation are Monday through Thursday 8:30 a.m. to 5:30 p.m. 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 August 14, 2014, in the Corona del Mar Conference Room (Bay E-1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. 2. No expansion in floor area or interior improvements are proposed; therefore, the project qualifies for a categorical exemption under Class 1. Zoning Administrator Resolution No. ZA2014-028 Page 2 of 6 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the Minor Use Permit 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 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. 2. The proposed chiropractic service in conjunction with holistic and nutritional support is a medical service consistent with the CO-G land use designation. 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. 4. The proposed chiropractic service in conjunction with holistic and nutritional support is 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: 1. Medical office is a permitted use within the Business Park District of the Santa Ana Height Specific Plan subject to the approval of a Minor Use Permit. 2. The property provides 110 parking spaces on-site; which is adequate to accommodate the increased parking demand associated with the change in use. Parking demand for the subject tenant is increased from a ratio of one space per 250 square feet as general office use to one space per 200 square feet as medical office use. A total of 106 parking spaces are required for the subject site based on the current and proposed mix of tenant uses, resulting in a surplus of four parking spaces (Attachment No. ZA 3). 10-15-2013 Zoning Administrator Resolution No. ZA2014-028 Page 3 of 6 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 medical office is located on the second floor within an existing 2,352- square-foot vacant tenant space. No increase in floor area and no interior improvements are proposed. 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. The operational characteristics of the project are primarily that of a medical office use compatible with other commercial uses in the vicinity. 3. The Newport Mesa Wellness Center will be open 8:30 a.m. to 5:30 p.m., Monday through Thursday, which is compatible with surrounding office uses. 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 project site has demonstrated that it is physically suitable to support the existing development. The addition of a medical office use within an existing multi- tenant office building will not alter the site's ability to provide public and emergency vehicle access and public services and utilities. 2. 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, 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. 10-15-2013 Zoning Administrator Resolution No. ZA2014-028 Page 4 of 6 Facts in Support of Finding: 1. The proposed chiropractic service in conjunction with holistic and nutritional support is a medical service, which is consistent with the intent of the Business Park District and will not 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. 2. The proposed medical office will serve the residential community and be compatible with surrounding commercial uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-021, 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 14 days after the adoption of this Resolution 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 14TH DAY OF AUGUST, 2014. red Wisneski, AI P, Zoning Administrator 10-15-2013 Zoning Administrator Resolution No. ZA2014-028 Page 5 of 6 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. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Minor Use Permit No. UP2014-021 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. This Minor Use Permit may be modified or revoked by the Zoning Administrator if it is 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. 7. 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 use permit. 8. 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 any building permits. 9. 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. 10. 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. 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, 10-15-2013 Zoning Administrator Resolution No. ZA2014-028 Page 6 of 6 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 Newport Mesa Wellness MUP including, but not limited to, the Minor Use Permit No. UP2014-021 (PA2014-091). 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. 10-15-2013