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HomeMy WebLinkAboutZA2015-040 - SUITE 203, MUP FOR ACUPUNCTURE CLINIC - 200 Newport Center Dr RESOLUTION NO. ZA2015-040 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-014 FOR AN ACUPUNCTURE AND NATURAL HEALING OFFICE (PERSONAL SERVICES, RESTRICTED USE) LOCATED AT 200 NEWPORT CENTER DRIVE, SUITE 203 (PA2015-051) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Yumui Ko, with respect to property located at 200 Newport Center Drive, Suite 203, and legally described as Parcel 3, in the City of Newport Beach, County of Orange, State of California, as shown on that certain Lot Line Adjustment No. 94-16, recorded February 2, 1995, as Instrument No. 95-0046155, Official Records, requesting approval of a minor use permit. 2. The applicant proposes to establish an acupuncture and natural healing office (Personal Services, Restricted use). The tenant space is approximately 600 square feet in area and will include three treatment rooms, a consultation office, and a reception/waiting area. No tenant improvements are proposed as part of the project. 3. The subject property is located within the Office Regional Commercial (OR) Zoning District and the General Plan Land Use Element category is Regional Commercial Office (CO-R). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 16, 2015, 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). 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 a vacant office space to an acupuncture and natural healing office and does not involve any alterations to the existing floor plan. Zoning Administrator Resolution No. ZA2015-040 Page 2 of 6 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 Commercial Office Regional (CO-R) within the Land Use Element of the General Plan which is intended to provide for administrative and professional offices that serve local and regional markets, with accessory limited retail, financial, service, and entertainment uses. 2. The proposed acupuncture and natural healing office is consistent with the CO-R designation as it will provide a service that will support the many office uses within the area. 3. The property is not located in a specific plan area. 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 property is located within the Office Regional Commercial (OR) Zoning District which is intended to provide for areas appropriate for administrative and professional offices that serve local and regional markets, with accessory limited retail, financial, service, and entertainment uses. 2. The use of the tenant space will be for an acupuncture and natural healing office. Pursuant to Zoning Code Chapter 20.70 (Definitions), acupuncture and similar natural healing methods are classified as a Personal Services, Restricted land use which may be permitted within the OR Zoning District subject to the approval of a minor use permit. 3. The parking requirement for a Personal Services, Restricted use is the same as the standard required of an office use (1 space per 250 square feet). Therefore, the proposed conversion of a vacant office space to an acupuncture and natural healing office does not result in an intensification of use and no additional parking is required. 03-03-2015 Zoning Administrator Resolution No. ZA2015-040 Page 3 of 6 4. 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 use will occupy an approximately 600-square-foot tenant space on the second floor of an existing two-story office building. The operation will consist of three (3) treatment rooms offering a combination of acupuncture and natural healing services. 2. The project site and surrounding area consist of a mixture of nonresidential uses including office, auto services, personal services general, retail, and eating and drinking establishments which serve residents and visitors to the City of Newport Beach. The proposed acupuncture and natural healing office will provide a service that supports the various office uses within the area. 3. The proposed use will not require the provision of additional parking onsite. 4. As conditioned, the allowed hours of operation are 9:00 a.m. to 6:00 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. Facts in Support of Finding: 1. The existing two-story office building and surface parking lot were constructed in 1974 and have since demonstrated that the current configuration with access taken from Anacapa Drive 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 day spa 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. 03-03-2015 Zoning Administrator Resolution No. ZA2015-040 Page 4 of 6 Facts in Support of Finding: 1. The use is intended to serve employees of the surrounding commercial center as well as residents and visitors to the City of Newport Beach. 2. The use has been conditioned with a limitation on the hours of operation which will help minimize any potential detriment to the area. 3. As conditioned the applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-014, 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 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 16TH DAY OF JULY, 2015. Iredisneski, Al P, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2015-040 Page 5 of 6 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 project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 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 Use Permit. 4. 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 materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. The hours of operation shall be limited to between 9:00 a.m. and 6:00 p.m., daily. 6. This approval does not authorize the operation of a massage establishment as defined by Chapter 20.70 (Definitions) of the Zoning Code. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and may require an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. 8. 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. 9. 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. 10. 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 03-03-2015 Zoning Administrator Resolution No. ZA2015-040 Page 6 of 6 or indirectly) to City's approval of the Annie Ko Acupuncture MUP including, but not limited to, the Minor Use Permit No. UP2015-014 (PA2015-051). 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 11. 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. Any construction plans must meet all applicable State Disabilities Access requirements. 03-03-2015