HomeMy WebLinkAbout01 - The Newport Workout Minor Use Permit - PA2016-108 U ? COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive,P.O. Box 1768,Newport Beach, CA 92658-8915
�ogL�FoaN�P: 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 27, 2016
Agenda Item No. 1
SUBJECT: The Newport Workout Minor Use Permit (PA2016-108)
747 Dover Drive
• Minor Use Permit No. UP2016-028
APPLICANT: The Newport Workout
OWNER: Russell Fluter
PLANNER: David Lee, Planning Technician
(949) 644-3225, dlee@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: OG (Office General)
• General Plan: CO-G (General Commercial Office)
PROJECT SUMMARY
An amendment to Use Permit No. UP3585 to add an accessory massage service to an
existing 5,700-square-foot fitness facility. The fitness facility operates from 6:00 a.m. to
9:00 p.m, Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday and Sunday.
The massage services will be provided as an additional amenity and be limited to a
single room at the rear of the tenant space. No other changes are proposed.
RECOMMENDATION
1 ) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2016-028 (Attachment No. ZA 1).
DISCUSSION
• The existing fitness facility operates pursuant to Use Permit No. UP3585, which
was previously approved by the Planning Commission on June 20, 1996. The
fitness facility provides personal training, member use gym, and limited fitness
1
The Newport Workout Minor Use Permit
Zoning Administrator, October 27, 2016
Page 2
classes and will continue to operate between the hours of 6:00 a.m. to 9:00 p.m.,
Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday and Sunday.
• The applicant is proposing to add an accessory massage service as an additional
amenity to the fitness facility and be limited to a 110 square-foot room in the rear
of the tenant space. The massage service will not have any exterior signage or
advertisements visible in any manner and will not adversely affect the
surrounding religious institutions, school, or playground. The proposed accessory
massage service requires an amendment to the fitness facility's existing use
permit.
• The existing use permit was approved based on the availability of parking. At the
time of the approval, 18 parking spaces were provided on-site and 29 parking
spaces were provided off-site, for a total of 47 spaces. Of the provided parking, 5
spaces were required for the office uses, while the remaining 42 spaces were
allocated for the fitness facility. In 2009, Lot Line Adjustment No. LA2009-010
was approved to adjust the lot lines of the subject property. The lot line
adjustment was intended to eliminate the need for off-site parking, but provided
the property with 43 on-site parking spaces. This amendment to the use permit
will update the fitness facility's parking requirement to current parking
requirements.
• Pursuant to Table 3-10 of 20.40.040 (Off-Street Parking Spaces Required), a
large fitness facility and massage establishment both have a parking rate of one
(1) space for every 200 square feet of gross floor area. The fitness facility is
5,700 square feet, resulting in a parking requirement of 29 spaces. Other existing
uses on site include a 200-square-foot office building and a 915-square-foot
beauty salon. These uses require a total of five (5) spaces based on a parking
rate of 1 space per 250 square feet. Therefore, a total of 34 parking spaces are
required for the uses on site. Currently, 43 parking spaces are provided, resulting
in a surplus of nine (9) parking spaces.
• The fitness facility has operated on the subject property for over 20 years as a
complementary use to the community. The addition of an accessory massage
service has been reviewed and conditioned to ensure that potential conflicts with
the surrounding land uses are minimized to the fullest extent possible to maintain
an environment compatible for both residents and businesses.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
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The Newport Workout Minor Use Permit
Zoning Administrator, October 27, 2016
Page 3
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways), including the applicant, and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development
within 14 days following the date of action. For additional information on filing an appeal,
contact the Planning Division at (949) 644-3200.
Prepared by:
ae—'w�-
David S. Lee, Planning Technician
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
ZA 4 Use Permit No. UP3585 Staff Report
ZA 5 Use Permit No. UP3585 Minutes
TmpIt:05-05-16
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-028 FOR A LARGE FITNESS FACILITY WITH
ACCESSORY MASSAGE SERVICES LOCATED AT 747 DOVER
DRIVE (PA2016-108)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Newport Workout, Inc., with respect to property located at
747 Dover Drive, and legally described as Lot 2 of Lot Line Adjustment LA2009-010
requesting approval of a minor use permit.
2. The applicant proposes an amendment to Use Permit No. UP3585 to establish a large
5,700-square-foot fitness facility with accessory massage service. The massage service
will be provided as an additional amenity and will be limited to a single room at the rear of
the tenant space.
3. The subject property is located within the Office General (OG) Zoning District and the
General Plan Land Use Element category is General Commercial Office (CO-G).
4. The subject property not located within the coastal zone.
5. A public hearing was held on October 27, 2016 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 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) of the Guidelines for CEQA.
2. The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the allowance of
massage services and does not result in an intensification of use, parking, or
expansion in floor area.
Zoning Administrator Resolution No. ZA2016-###
Page 2 of 8
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.E (Conditional Use Permits and Minor Use Permits —
Findings and Decision) 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 General Commercial Office (CO-G) in the Land Use
Element of the General Plan. This designation is intended to provide for
administrative, professional, and medical offices with limited accessory retail and
service uses. The proposed fitness facility and accessory massage service is
consistent with the General Plan as it provides a service to residents and visitors in
the area.
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 the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The subject property is located in the Office General (OG) Zoning District, which is
intended to provide for administrative, professional, and medical offices with limited
accessory retail and service uses.
2. Pursuant to Table 2-4 of Zoning Code Chapter 20.20.020 (Commercial Zoning
Districts Land Uses and Permit Requirements), a large fitness facility is a service
use that may be permitted in the OG Zoning District subject to the approval of a
minor use permit. Accessory massage service is also permitted subject to the
approval of a minor use permit.
3. Pursuant to Table 3-10 of 20.40.040 (Off-Street Parking Spaces Required), a large
fitness facility and massage establishment both have a parking rate of one (1)
space for every 200 square feet of gross floor area. The fitness facility is 5,700
square feet, resulting in a parking requirement of 29 spaces. Other existing uses on
site include a 200-square-foot office building and a 915-square-foot beauty salon.
These uses require a total of five (5) spaces based on a parking rate of 1 space per
250 square feet. Therefore, a total of 34 parking spaces are required for the uses
on site. Currently, 43 parking spaces are provided, resulting in a surplus of nine (9)
parking spaces.
05-26-2016
Zoning Administrator Resolution No. ZA2016-###
Page 3 of 8
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 property is currently occupied by the 5,700 square-foot fitness facility, a 915
square-foot beauty shop (personal services, general), and a 200 square-foot office.
The surrounding parcels include two religious institutions, a school, and a public
community park. The proposed fitness facility and accessory massage service will
not adversely impact the surrounding uses and is consistent with the existing and
allowed uses in the area.
2. The fitness facility offers personal training services and indoor group cycling
classes. Class times operate from 6:00 a.m. to 9:00 p.m., Monday through Friday,
and 7:00 a.m. to 5:00 p.m. on Saturday and Sunday. The facility has proposed
hours of operation that are compatible with the allowed uses in the vicinity, as there
will not be any late hours which would contribute to noise in the area.
3. The applicant proposes to add an accessory massage services to the fitness
facility. The massage services will be provided as an additional amenity and be
limited to a 110 square-foot room in the rear of the tenant space. The massage
service will not have any exterior signage or advertisements visible in any manner
and will not adversely affect the surrounding religious institutions, school, or
playground.
4. The proposed massage service operates by appointment only from Tuesday
through Saturday. The operation will consist of a single massage room and will
have one massage therapist on-site at any one time.
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 property is located at the intersection of Dover Drive and 16th Street
and contains three detached one-story buildings with multiple tenants. The site is
accessible from both Dover Drive and 16th Street. The parking lot provides a
surplus of parking and is conveniently located for patrons and employees.
05-26-2016
Zoning Administrator Resolution No. ZA2016-###
Page 4 of 8
2. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property and the proposed massage establishment 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.
Facts in Support of Finding:
1. The establishment has been conditioned with hours of operation that will minimize
any potential detriment to the area.
2. The subject property is not located in an area with problems of blight and
deterioration.
3. The project has been conditioned requiring all doors and windows to remain closed
during the use of recorded music, limiting the potential noise related impacts
associated with fitness facilities.
4. The fitness facility and accessory massage service will provide additional services
to the residents in the surrounding area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-028, 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 or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20
Planning and Zoning, of the Newport Beach Municipal Code.
3. This resolution supersedes Use Permit No. UP3585 as approved by the Planning
Commission on June 20, 1996, which upon vesting of the rights authorized by this use
permit, shall become null and void.
05-26-2016
8
Zoning Administrator Resolution No. ZA2016-###
Page 5 of 8
PASSED, APPROVED, AND ADOPTED THIS 27" DAY OF OCTOBER, 2016.
Patrick J. Alford, Zoning Administrator
05-26-2016 q
1
Zoning Administrator Resolution No. ZA2016-###
Page 6 of 8
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. 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. 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.
6. 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.
7. The hours of operation shall be limited between 6:00 a.m. to 9:00 p.m., Monday
through Friday, and 7:00 a.m. to 5:00 p.m., Saturday and Sunday.
8. Aerobic classes shall not be conducted prior to 8:00 a.m. and after 9:00 p.m., daily,
and that class size shall be limited to 20 customers during any class.
9. All employees shall park on-site.
10. A maximum of one massage therapist shall be on-site at any one time.
11. A maximum of one room shall be used for massage therapy.
12. All signs shall conform to the provisions of Chapter 20.42 of the Municipal Code.
13. There shall be no exterior signage advertising the massage therapy use.
05-26-2016
10
Zoning Administrator Resolution No. ZA2016-###
Page 7 of 8
14. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
15. All noise from the music associated with the fitness facility shall be confined to the
interior portions of the building and the doors and windows of the facility shall remain
closed when music is playing.
16. 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:
Between the hours of TOOAM Between the hours of
and 10:00PM 10:OOPM and TOOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
17. All trash areas shall be screened from adjoining properties and streets.
18. Exterior lighting shall be designed to eliminate light and glare spillage on adjacent
uses.
19. No outdoor sound system shall be utilized on-site.
20. 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.
21. 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.
22. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
23. 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.
05-26-2016
22
Zoning Administrator Resolution No. ZA2016-###
Page 8 of 8
24. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
25. Strict adherence to the Newport Beach Municipal Code 5.50 must be upheld.
26. The applicant business must immediately apply and obtain an Operator Permit from the
Chief of Police, and keep said permit in good standing.
27. All employees of the applicant business who conduct massage on or off premises must
be certified by the CAMTC (physicians, physical therapists, and chiropractors exempt).
28. As outlined in Newport Beach Municipal Code 5.50.030, the business must maintain
requirements of operation, and submit to inspections by officers of the Police
Department.
29. 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.
30. 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 Newport Workout including, but not limited to,
Minor Use Permit No. UP2016-028 (PA2016-108). 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.
05-26-2016
12
Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
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Project Plans
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Attachment No. ZA 4
Use Permit No. UP3585 Staff Report
17
CIIY OF NEV..ORT BEACH Hearing Date: June 20, 1996
4 o PLANNING DEPARTMENT 5
c Agenda Item No.:
3500\EWPORT BOULEVARD Staff Person: Genia Garcia
V -
��^• NEWPORT BEACH,Gq:60 644-3200
(rs)44-r--,FAX(74)6.µ-r-50 Appeal Period: 14 days
REPORT TO THE PLANNING COMMISSION
PROJECT: Mike Arvanetis,dba Newport Workout
747 Dover Drive
PURPOSE OF
APPLICATION: To establish a personal fitness training facility offering one-on-one personal
fitness training,a member use gym,and limited fitness classes.
REQUIRED
APPROVALS: Hold hearing;if desired, approve,modify or deny:
• Use Permit No. 3585
LEGAL
DESCRIPTION: A Portion of Lot 3, Tract No. 1125;Parcel 2 of Parcel Map
No. 160/3-5 (Resubdivision No. 654).
ZONE: APF-H
OWNER: Russell E. Fluter,Newport Beach
Points and Authority
• Environmental Compliance(California Environmental Quality Act)
It has been determined that this project is categorically exempt under Class 1 (Existing
Facilities).
• Conformance with the General Plan and Zoning Floor Area Limits
The Land Use Element of the General Plan designates the site for"Administrative,Professional
and Financial Commercial'uses. The proposed fitness center is allowed under this designation.
The Land Use Element also establishes area specific land use policies throughout the City.
These policies set floor area limitations. The proposal involves the conversion of a previous
bank facility, a base FAR use, to a fitness facility, a reduced FAR use, which increases the
weighted floor area ratio of development to 10,634±sq.ft. (0.29 EAR),which is less than the
18,176 sq.ft.allowed on the site.
18
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Use Permit No. 3 5 851
t Sul� t Prod'and Surrounding Land
The subject property is currently developed with a bank building facility which is located at the corner of Dover
Drive and 16th Street To the northeast, across 16th Street, is the Church of Jesus Christ of Latter-Day Saints
complex;to the east, across Dover Drive, is the Upper Castaways residential development Bob Henry Park and
the Newport Harbor Lutheran Church To the southwest, is a rehabilitation center and a medical building.
U=Pcnnit\o.3585
Page 2
1J
Therefore, the proposal is consistent with the Land Use Element policies and guidelines and
Section 20.07(FAR_ Ordinance)of the Municipal Code.
• Use Permit procedures are set forth in Chapter 20.80 of the Municipal Code.
ANALYSIS
The applicant is requesting approval to establish a personal fitness health club which will cater to
business persons and residents in the area, to be located in the former Bank of Newport facility. The
property is currently occupied by a 5,700±sq. ft. bank facility, a 915±sq.ft. escrow office, and a 200±
sq. ft. kiosk that was previously used as a drive-up teller operator's booth with three, free-standing,
drive-thru teller machines. The applicant is proposing to relocate his existing business,located at 2901
West Coast lighway, to this site. The applicant has been operating a health and fitness facility at the
West Coast Highway address for five years and now wishes to expand his business in order to offer
clients a work-out center that is consistent with the premium services offered, using the latest
technology exercise equipment. These services include one-on-one fitness instruction by appointment.
For this reason, the number of individuals using the facility is substantially less than that of a typical
general membership health club.
The 5,700±sq.ft. facility will include a 3,300±sq. ft. exercise floor; 900±sq. ft. aerobic floor, 775±sq.
ft. men's and women's locker rooms; a 275± sq. ft. fitness boutique, and 450± sq. ft. of offices and
employee break room. Thus,a maximum of approximately 30 persons performing fitness activities, 11
trainers, and one receptionist would be on-site during peak hours. A typical peak business hour is
approximately 8 to 10 trainers with one client each and one trainer leading 10-20 individuals in a
stretch or conditioning group exercise.
The existing and proposed development characteristics are listed in the following table:
Project Development Characteristics Table
PROPOSER OPERATION
Hours of operation: 6:00 a.m. to 9:00 p.m., Monday thru Friday, 7:00 a.m to 1:00 p.m,
Saturday, 1 to 2 people throughout the day, Sunday.
Maximum number of students at
one time 30
Maximum number of employees at
one time 12(11 trainers+1 receptionist)
Gross Square Feet:
Athletic Club 5,700±sq.iL
Escrow Office 915±sq.ft.
Teller Bldg. 200±sq.R
Total Gross Square Feet 6,815±s4.ft.
Required Parking @ 1/250 sq.I
gross floor area(for previous
uses): 28
Use Pemvt No.3585
Page
20
PROPOSED OPERATION
Existing Parking provided:
On-site 15
Off-site(per agreement) 20
Parking spaces added:
On-site 3
Off-site 9
Total Parking Provided 47
DISCUSSION
KEYISSUE_ Appropriateness of the Prosed UseJNeighborhood Compatibility.
An issue of concern when a fitness facility is established is whether the type of use is appropriate to the
neighborhood. The use of music and additional noise and congestion created by the health club facility
and its members has the potential to have an adverse affect on adjoining properties. Most health
facilities include the playing of pre-recorded rock'n roll music for their customers while exercising.
When the music is confined to the interior of the building and aerobic classes are limited in size, and the
times that they may be conducted, the impact of noise and traffic is minimized.
An aerobic floor is proposed for the convenience of clients, but is not the main part of the applicant's
business. The applicant has expressed his desire to have an area where clients can stretch-out and
conduct floor exercises without interference by exercise equipment. According to the applicant,
morning aerobic classes before 10:00 a.m. and evening aerobic classes between 5:00 p.m. and 9:00
p.m. are most in demand, with the highest in attendance. Midday classes are rarely full and may not be
offered. The traffic generated in the morning and evening hours may cause a noise problem due to the
proximity of the hospitals and residential uses.
The fitness center will operate from 6:00 a.m. to 9:00 p.m., Monday through Friday; 7:00 a.m. to 1:00
p.m., Saturday, with only a few clients on Sundays, as work-outs are by appointment only. Staff has
no objections to the facility remaining open until 5:00 p.m. on Saturdays and Sundays. The subject
facility is surrounded by two churches and two hospitals. The health club facility has proposed hours
of operation that are compatible with the surrounding area, in that, there will not be any late night
hours which would contribute to noise in the area. The operational characteristics of the fitness
establishment using the one-on-one instructional approach to fitness, lends itself to a less intense
operation than a general membership health club.
To mitigate potential noise and congestion problems, staff has included a condition of approval that no
aerobic classes will be held prior to 8:00 am. and after 9:00 p.m. daily, and that aerobic class size be
limited to not more than 20 customers during any one class. The applicant has agreed to limiting the
hours of the aerobic classes.
Staff Opinion: The location of both hospitals are far enough from the subject property that any traffic
to and from the site, and noise generated from music, should not interfere with the operations or
comfort of patients in both hospitals. Staff has included a condition of approval, that all music be
confined to the interior of the building, and that doors and windows must be kept closed during the use
Use Permit No.3585
Page
21
of recorded music. It is also staffs opinion that the proposed facility will not adversely impact the
churches in the area, as the proposed fitness facility has limited appointments on Sundays.
KEYISSUE. Traffic Impacts on Surrounding Neighborhoods and Off-Street Parking:
One of the issues regarding the health club facility is whether or not this type of use will create a
demand for more parking spaces than is available, causing additional traffic congestion with cars
entering and exiting the site. This issue is of particular concern during peak hours, as this is the
most active time period for health club facilities.
Parking Requirements
The Zoning Code does not include a specific parking standard for health clubs. The previous use of
the facility required 28 parking spaces based on a requirement of one parking space for each 250
square feet (6,815 sq. ft. divided by 250 = 27.26 or 28 spaces.). The site currently has 35 parking
spaces, 15 on-site spaces and 20 off-site spaces. Existing uses on site require 1 space for the 200±
sq.ft. kiosk and 4 spaces for the 915± sq. ft. escrow office, which leaves 30 spaces available for the
health club use.
Staff Opinion: Given the characteristics of the proposed use, staff has reviewed the number of people
that will potentially use the facility during peak hours and feels, that with the addition of the aerobic
floor,that additional parking would be needed above the available 30 spaces.
The owners of the property are proposing to add 12 additional parking spaces, three on-site, and nine
in the off-site parking area. In order to add the additional parking, a curb cut at the second entrance on
16th Streee will be closed and three spaces will be added in that location. The other nine spaces will
be added in the off-site parking location after the removal of the drive-thru teller machines. The
addition of 12 parking spaces to the existing 30 spaces available to the fitness facility will result in a
total of 42 parking spaces. The applicant is proposing to have 8-10 fitness instructors with 8-10
customers on the exercise floor during peak hour. If each person drove to the site alone, the parking
requirement would be approximately 20 spaces for the exercise floor, 1 for an employee, which would
leave approximately 21 parking spaces for additional customers who would be attending aerobic
classes.
Staff is of the opinion that limiting class size for the aerobic activities to 20 people is reasonable, given
the amount of parking that is available to the facility. If parking or congestion becomes a problem,the
Planning Commission has the option to review the subject use permit. An appropriate condition of
approval has been included for the Planning Commission's review.
Staff Opinion: With the addition of 12 parking spaces, the characteristics of the proposed one-on-one
work-out, and the limiting of the aerobic class size, staff feels that adequate parking exists on site for
the proposed business. Staff is also of the opinion that the closure of the second entrance will result in
improved traffic circulation on the site.
2There are mo entrances/exits;to the site from 16th Street,the proposed closure is the ermance/exit nearest to
Dover Drive.
Us Pcmih No.3585
Page 5
22
Specific Findings and Recommendations
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use
permit,the Planning Commission shall find that the establishment, maintenance or operation of the use
or building applied for will not, under the circumstances of the particular case, be detrimental to the
health, safety, peace, morals, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Should the Planning Commission wish to approve Use Permit No. 3585 , the findings and conditions
of approval set forth in the attached Exhibit "A" are suggested. Should the Commission desire to deny
this request,the findings set forth in the attached Exhibit`B"are suggested.
PLANNiNJ GBUILDING DEPARTMENT
'-�.—
Gema Garcia
Associate Planner
Attachments: Exhibit"A"
Exhibit`B"
Appendix
Letter from the Applicant
Planning Commission Minutes dated, June 19, 1980
Off-Site Joint Parking Maintenance and Landscape Agreement, dated April 9,
1981.
Proposed Floor Plan
Plot Plan
Uu Permit NO.3595
Page 6
23
EXHIBIT"A7
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3585
Findings:
1. The proposed use is consistent with the General Plan, as the use is allowed and the Floor Area
Ratio is less than the Base Development Allocation,and a fitness facility is a complimentary use
to the neighboring community.
2. That this project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities).
3. That the design of the proposed improvements will not conflict with any easements acquired by
the public at large for access through or use of property within the proposed development.
4. The proposed improvements, closing one entrance to the site, are necessary to provide efficient
traffic circulation on the property and to provide additional parking spaces.
5. The approval of Use Permit No. 3585 will not, under the circumstances of the case be
detrimental to the health, safety,peace,morals, comfort and general welfare of persons residing
or working in the neighborhood or be detrimental or injurious to property or improvements in
the neighborhood or the general welfare of the City for the following reasons:
• The project requires substantially less parking for a one-on-one fitness facility as
opposed to a general fitness facility than the amount provided on site, even during peak
hours of operation.
Parking will be added to the site which will result in an adequate parking supply for
peak usage.
Conditions:
1. That development shall be in substantial conformance with the approved site plan, floor plan
and elevations,except as noted below.
2. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code.
3. That the drive entrance on 16th Street closest to Dover Drive be closed and additional parking
spaces be located in this area, subject to the approval of the Traffic Engineer and the Public
Works Department.
4. That the drive-thm teller machines be removed and the area be striped to add additional
parking, subject to the approval of the Traffic Engineer and the Public Works Department.
Use Pamit No.3585
Page 7
2-�f
5. That the parking lot be restriped, and the striping shall be marked with approved traffic
markers or painted white lines not less than 4 inches wide and shall be approved by the City
Traffic Engineer.
6. That the project shall comply with State Disabled Access requirements.
7. That all improvements be constructed as required by Ordinance and the Public Works
Department.
8. That the on-site parking, vehicular circulation and pedestrian circulation systems be subject to
further review by the City Traffic Engineer.
9. That all employees shall park on-site.
10. That the hours of operation shall be limited between 6:00 a.m. to 9:00 p.m., Monday through
Friday,7:00 a.m. to 5:00 p.m., Saturday and Sunday.
11. That aerobic classes shall not be conducted prior to 8:00 a.m. and after 9`00 p.m., daily, and
that class size shall be limited to 20 customers during any class.
12. That the noise from the music associated with fitness facility shall be confined to the interior
portions of the building and the doors and windows of the facility shall remain closed when
music is playing.
13. That all trash areas shall be screened from adjoining properties and streets.
14. That exterior lighting shall be designed to eliminate light and glare spillage on adjacent uses.
15. That no outdoor sound system shall be utilized on-site.
16. That the Planning Commission may add to or modify conditions of approval to this Use Permit
or recommend to the City Council the revocation of this Use Permit,upon a determination that
the operation which is the subject of this Use Permit, causes injury, or is detrimental to the
health,safety,peace, morals, comfort, or general welfare of the community.
17. That this Use Permit shall expire unless exercised within 24 months from the date of approval
as specified in Section 20.80.090A of the Newport Beach Municipal Code.
Use Permit No.3585
Page 8
25
EXHIBIT`B"
FINDINGS FOR DENIAL FOR
Use Permit No. 3585
FINDINGS:
I. The approval of Use Permit No. 3585 via under the circumstances of the case be detrimental
to the health, safety, peace,morals, comfort and general welfare of persons residing or working
in the neighborhood or be detrimental or injurious to property or improvements in the
neighborhood or the general welfare of the City, for the following reasons:
• That the proposed development is not compatible with surrounding residential land
uses.
• . That adequate on-site parking is not available for the proposed use and the resulting
parking demand will be detrimental to surrounding properties.
Uu Pcm¢t No.3585
Page 9
20
Attachment No. ZA 5
Use Permit No. UP3585 Minutes
27
COMMISSIONERS MINUTES
1-01-M
o\ CITY OF NEWPORT BEACH June 20, 1996
lis o �'��i�9v2\aoy�
oti 9CITY
ROLL
CALL INDEX
Staff has requested that this item be continued to the next Planning
Motion Commission meeting on July 18, 1996. MOTION CARRIED - 5 Ayes
Ayes * * * and 2 Absent.
Absent
SUBJECT: Avant-Garde Ballroom Item 4
4220 Scott Drive
UP 3583
• Use Permit No.3583
Staff has requested that this item be continued to the next Planning Continued to
Motion * q a 7/18/96
* * *' Commission meeting on July 18, 1996. MOTION CARRIED - 5 Ayes
Ayes and 2 Absent.
Absent
xxx
SUBJECT: NewportWorkout Item 5
747 Dover Drive
UP 3585
• Use Permit No.3585
Establish a personal fitness training facility offering:one-on-one personal Approved
fitness training, member use gym, and limited fitness classes in a
previous bank facility,on property located in the APF-H District.
Ms. Temple presented the staff report and summarized the contents.
Chairperson Adams asked the status of the"escrow' building adjacent to
the main building.
Staff answered that this is not part of the application, and that the
building is occupied as an escrow office. Staff indicated that the parking
analysis reserved parking for both the escrow office and the unoccupied
kiosk on-site.
Commissioner Kranzley asked staff about future uses in this building
with more intense parking use.
5
2
COMMISSIONERS MINUTES
T\`rFRtlomwlsaolk\
"9�4CITY OF NEWPORT BEACHo June 20, 1996
2
ROLL
CALL INDEX
Staff referred to exhibit A, item 11, a condition of approval which would
limit any group aerobic activity to a total of 20 customers during any one
class. An intensification beyond this condition of approval would
necessitate an amendment to this Use Permit. Staff further answered
questions posed about the hours of operation and noise limitations.
Public Hearing was opened.
Mike Arvanetis,2501 16th Street, applicant- stated he has reviewed the
staff report and can operate within the guidelines of the hours expressed.
In response to Commission inquiry, he understands and agrees to the
terms and conditions of the Use Permit as outlined in Exhibit A.
Joseph Macarthy, 734 St. James Place, spoke in support of the Use
Permit with the stated hours of operation.
Public Hearing was closed.
Motion Motion was made for approval of Use Permit No. 3585 subject to the
findings and conditions in Exhibit A.
Ayes
MOTION CARRIED-5 Ayes,2 Absent.
Absent
Findings:
1. The proposed use is consistent with the General Plan,as the use is
allowed and the Floor Area Ratio is less than the Base
Development Allocation,and a fitness facility is a complimentary
use to the neighboring community.
2. That this project has been reviewed, and it has been determined
that it is categorically exempt from the requirements of the
California Environmental Quality Act under Class 1 (Existing
Facilities).
6
2
COMMISSIONERS MINUTES
T\sF
s�y�F�'F99��oA� CITY OF NEWPORT BEACH June 20, 1996
ROLL
CALL INDEX
3. That the design of the proposed improvements will not conflict
with any easements acquired by the public at large for access
through or use of property within the proposed development.
4. The proposed improvements,closing one entrance to the site, are
necessary to provide efficient traffic circulation on the property
and to provide additional parking spaces.
5. The approval of Use Permit No. 3585 will not, under the
circumstances of the case be detrimental to the health, safety,
peace,morals,comfort and general welfare of persons residing or
working in the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or the general
welfare of the City for the following reasons:
• The project requires substantially less parking for a one-
on-one fitness facility as opposed to a general fitness
facility than the amount provided on site, even during
peak hours of operation.
• Parking will be added to the site which will result in an
adequate parking supply for peak usage.
Conditions:
1. That development shall be in substantial conformance with the
approved site plan, floor plan and elevations, except as noted
below.
2. That all signs shall conform to the provisions of Chapter 20.06 of
the Municipal Code.
3. That the drive entrance on 16th Street closest to Dover Drive be
closed and additional parking spaces be located in this area,
subject to the approval of the Traffic Engineer and the Public
Works Department.
7
So
COMMISSIONERS MINUTES
�i�'oyG��F9�Yy 09� CITY OF NEWPORT BEACH June 20, 1996
ROLL
CALL INDEX
4. That the drive-thru teller machines be removed and the area be
striped to add additional parking, subject to the approval of the
Traffic Engineer and the Public Works Department.
5. That the parking lot be restriped,and the striping shall be marked
with approved traffic markers or painted white lines not less than
4 inches wide and shall be approved by the City Traffic Engineer.
6. That the project shall comply with State Disabled Access
requirements.
7. That all improvements be constructed as required by Ordinance
and the Public Works Department.
S. That the on-site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the City
Traffic Engineer.
9. That all employees shall park on-site.
10. That the hours of operation shall be limited between 6:00 a.m.to
9:00 p.m., Monday through Friday; 7:00 a.m. to 5:00 p.m.,
Saturday and Sunday.
11. That aerobic classes shall not be conducted prior to 8:00 a.m. and
after 9:00 p.m., daily, and that class size shall be limited to 20
customers during any class.
12. That the noise from the music associated with fitness facility shall
be confined to the interior portions of the building and the doors
and windows of the facility shall remain closed when music is
playing.
13. That all trash areas shall be screened from adjoining properties
and streets.
8
3
COMMISSIONERS MINUTES
�soy���F9r2ToA� CITY OF NEWPORT BEACH
June 20, 1996
ROLL
CALL INDEX
14. That exterior lighting shall be designed to eliminate light and
glare spillage on adjacent uses.
15. That no outdoor sound system shall be utilized on-site.
16. That the Planning Commission may add to or modify conditions
of approval to this Use Permit or recommend to the City Council
the revocation of this Use Permit, upon a determination that the
operation which is the subject of this Use Permit, causes injury,
or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
17. That this Use Permit shall expire unless exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
SUBJECT: Joyce Hayes-Burnett Item 6
2043 Westeliff Drive,Suite 104
UH. 3587
• Use Permit No.3587
Establish an independent massage use (massage therapist) as an Approved
accessory use to an existing beauty salon.
Staff had no additional comments to the staff report and Commission had
no questions of staff.
Public Hearing was opened.
Joyce Hayes-Burnett,Yorba Linda, applicant statedshe understands and
agrees to the terms and conditions of Use Permit No. 3 587.
Commissioner Kranzley proposed an additional condition of linutationto
130 square feet for the massage activity,to preclude an expansion of this
use. The applicant agreed with the understanding that if she wanted to
9
3