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HomeMy WebLinkAboutZA2013-087 - APPROVE UP2013-026 BARI STUDIO 2125 SAN JOAQUIN HILLS ROADRESOLUTION NO. ZA2013 -087 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -026 FOR A LARGE -SCALE HEALTH AND FITNESS FACILITY (BARI STUDIO) LOCATED AT 2125 SAN JOAQUIN HILLS ROAD (PA2013 -230) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bari Studio Newport Beach, Inc., with respect to property located at 2125 San Joaquin Hills Road, and legally described as Parcel 1 of Resubdivision No. 259 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow a 3,176- square -foot health and fitness facility in a vacant tenant space within a multi- tenant office building. The facility would have a maximum of 24 patrons and three employees. Required parking is provided within two parking areas for the building at a rate of one parking space per 200 square feet of gross floor area. The proposed hours of operation are from 6:00 a.m. to 8:00 p.m., daily. 3. The subject property is located within the Block 500 Newport Center Planned Community (PC -46) Zoning District and the General Plan Land Use Element category is Mixed -Use Horizontal (MU -1­13). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 23, 2013, 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 the State CEQA (California Environmental Quality Act) Guidelines under Class 1 (Existing Facilities). 2. This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. The proposed business is located within an existing building where only minor interior alterations are required to accommodate the new use. Zoning Administrator Resolution No. ZA2013 -087 Paqe 2 of 6 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a 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 General Plan land use designation for this site is Mixed -Use Horizontal (MU -H3). The MU -H3 designation is intended to provide for the horizontal intermixing of regional commercial office, hotel, multi - family residential and ancillary commercial uses. The proposed large -scale health and fitness facility use is consistent with the MU -H3 designation as an ancillary commercial use. 2. The subject property is not part of 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 site is located in the Block 500 Newport Center Planned Community (PC -46) Zoning District. The PC -46 Zoning District is intended to permit the location of a combination of business and professional office uses, and light general commercial activities engaged in the sale of products to the general public. The proposed health and fitness facility is consistent with land uses permitted by the PC -46 Zoning District. 2. The proposed use will comply with all applicable development and parking standards. 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. Light general commercial uses such as health and fitness facilities are commonly located within office developments as an ancillary use that provides a service to both employees of the surrounding businesses as well as residents in the surrounding neighborhoods. The establishment will be compatible with the land uses permitted within the surrounding vicinity. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -087 Paqe 3 of 6 2. The proposed use will be located in a vacant tenant space within an existing multi - tenant office building. 3. The multi- tenant office building is adjacent to residential land uses located to the north within the Big Canyon Planned Community (PC -8) Zoning District; however, the project site is located along the eastern edge of the office development site, is oriented towards the parking lot away from the residential uses, and is separated from these uses by a roadway /parkway buffer. 4. The surrounding commercial uses along San Joaquin Hills Road and within Newport Center contain various business office, medical office and general commercial uses. The proposed health and fitness facility is compatible with the existing and permitted uses in the vicinity. 5. The hours of operation for the health and fitness facility will be from 6:00 a.m. to 8:00 p.m., daily. 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. Adequate circulation and code required parking are provided within the Block 500 Newport Center office site to accommodate the existing and proposed uses. The existing multi- tenant office building is 12,929 gross square feet and a total of 50 parking spaces are provided. The number of total parking required for the shopping center is 51; however, one parking space was lost in 2008 due to Americans with Disability Act (ADA) upgrades. Pursuant to Zoning Code Section 20.40.110.A (Adjustments to Off - Street Parking Requirements), the Director may reduce parking requirements when a parking lot is upgraded for ADA compliance. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing office development. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 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 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -087 Page 4 of 6 to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. 2. The proposed use and hours of operation are compatible with existing uses within the Block 500 Newport Center office site. 3. A health and fitness facility of this size is a common retail /service use that can be expected within and nearby office developments such as the Block 500 Newport Center office site. 4. The proposed health and fitness facility will serve the surrounding business community as well as residents of the adjacent neighborhoods. This will provide an economic opportunity for the property owner to update tenant mixture to best serve the quality of life for the surrounding business and residential community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2013 -026, 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 23RD DAY OF DECEMBER, 2013. Wisneski, AIPP, Zoning Administrator 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -087 Paqe 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. Minor Use Permit No. UP2012 -026 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, or an extension is otherwise granted. 2. The Zoning Administrator may add to or modify conditions of approval to this Minor Use Permit or revoke this Minor Use Permit upon a determination that the operation, which is the subject of this Minor Use Permit, causes injury, or is detrimental to the health, safety, peace, comfort, or general welfare of the community. 3. The project shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated October 1, 2013. 4. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new use permit. 5. 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. 6. The project and all tenant improvements must comply with the most recent, City- adopted version of the California Building Code. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this Permit. 8. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this health and fitness facility that would attract large crowds, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 9. The use shall be limited to a maximum of three employees and 24 patrons at any time during the business hours 6:00 a.m. to 9:00 p.m., daily. 10.The doors and windows shall remain closed at all times that the facility is open for business. 11.The operator of the facility shall be responsible for the control of noise generated by the subject use. Pre - recorded music may be played in the tenant space, provided exterior noise levels do not exceed the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -087 Paqe 6 of 6 12. Prior to implementation of the proposed operation, the applicant shall install noise - abating material to both the interior walls and ceiling of the tenant space which abuts any neighboring tenant space that may be adversely impacted by daytime operations of the facility. The proposed material shall be reviewed and approved by both the Planning and Building Departments for installation requirements. 13.Prior to issuance of building permits, the applicant shall submit to the Planning Department an additional copy of the approved architectural plans for inclusion in the use permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11- inches by 17- inches. The plans shall accurately depict the elements approved by this Planning Director's Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 14.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 Bari Studio Minor Use Permit including, but not limited to, Minor Use Permit No. UP2013 -026 (PA2013 -230). 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