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HomeMy WebLinkAbout05_Onyx Athletica LLC Minor Use Permit_PA2021-247CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 30, 2022 Agenda Item No. 5 SUBJECT: Onyx Athletica LLC (PA2021-247) Minor Use Permit No. UP2021-041 SITE LOCATION: 847 West 16th Street APPLICANT: Onyx Athletica LLC OWNERS: James N. and Lavon J. Degraw PLANNER: Liane Schuller, Planning Consultant lschuller@newportbeachca.gov LAND USE AND ZONING General Plan: IG (General Industrial) Zoning District: IG (Industrial) PROJECT SUMMARY The applicant requests a minor use permit to allow a personal training facility and on-line activewear business within an existing 5,920-square-foot tenant space in the IG (Light Industrial) zone. The location was previously occupied by an automotive restoration business. The space will be renovated and improved with nine (9) individual workout stations, a lobby/reception area, administrative offices, restrooms, storage closets and lockers for patrons. The facility will operate by appointment only, between the hours of 5:00 a.m. and 10:00 p.m. daily. All improvements are shown on the attached project parking study and plans (Attachment No. ZA 4). RECOMMENDATION 1)Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2021-041 (Attachment No. ZA 1). 1 Onyx Athletica LLC (PA2021-247) Zoning Administrator, June 30, 2022 Page 2 DISCUSSION The project is located in the IG (Industrial) Zoning District, which is intended to provide for areas appropriate for a wide range of moderate to low intensity industrial uses and limited accessory commercial and office uses. Table 2-12 of Newport Beach Municipal Code (NBMC) Section 20.24.020 (Industrial Zoning District Land Uses and Permit Requirements) lists Health/Fitness Facilities over 2,000 square-feet as an allowed use, subject to a minor use permit. Surrounding uses are predominantly industrial with several commercial uses also located in the vicinity. The City Utilities Yard is located nearby (0.4 mile), as is Hoag Hospital (0.7 mile). Several residential apartment complexes and mobile home parks are located approximately one-half mile from the project site. The project will provide a host facility for private personal trainers who will contract with Onyx Athletica LLC for use of space and equipment to train individual private clients. The business will also conduct online retail Clothing is manufactured offsite, shipped to the facility, and then packed and shipped to fulfill online orders. There will not be an in-person retail operation onsite. The applicant has submitted a parking study prepared by RK Engineering Group, Inc. on October 6, 2021, documenting that adequate parking exists onsite to support both the proposed and existing businesses on the property. The parking study considered the square footage of each existing and proposed business, operating hours, number of onsite parking spaces and applicable City parking requirements. There are eighty-eight (88) onsite parking spaces and the study determined that fifty- four (54) spaces are required, therefore a surplus of thirty-four (34) parking spaces exists. A copy of the parking study is attached for reference (ZA 4). The lease agreement for Onyx Athletica LLC specifies that twenty-two (22) parking spaces be allocated to the applicant. Based on this, the parking study recommends the business be limited to a maximum eight (8) personal trainers, eight (8) clients and two (2) staff members at any given time. Accordingly, Condition No. 9 has been included in the draft resolution. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2 Onyx Athletica LLC (PA2021-247) Zoning Administrator, June 30, 2022 Page 3 Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Class 3 exempts the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. In urbanized areas, this exemption includes a store, motel, office, restaurant or similar structure not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. In this case, the project is a minor use permit to allow a 5,920-square-foot personal training facility and on-line activewear business in an existing tenant space and improvements are limited to minor tenant improvements within the existing building. Therefore, the proposed project qualifies for the Class 1 and Class 3 exemptions. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants 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 NBMC. 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 of this action 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: MKN/ls Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Description ZA 4 Parking Study & Plans 3 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2022-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2022-041 FOR A PERSONAL TRAINING FACILITY, LOCATED AT 847 WEST 16TH STREET (PA2021-247) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Onyx Athletica LLC (Applicant) with respect to property located at 847 West 16th Street and legally described as the West 157 ½ feet of Lot 812 ½ of the First Addition to the Newport Mesa Tract, seeking approval of a minor use permit. 2. The Applicant requests approval to establish a personal training facility and on-line activewear business within an existing 5,920-square-foot tenant space in the IG (Light Industrial) zone. The space will be renovated and improved with nine (9) individual workout stations, a lobby/reception area, administrative offices, restrooms, storage closets and lockers for patrons. The facility will operate by appointment only, between the hours of 5:00 a.m. and 10:00 p.m. daily. The proposed use is permitted in the zone, subject to a minor use permit. 3. The subject property is categorized General Industrial (IG) by the General Plan Land Use Element and is within the Industrial (IG) Zoning District. 4. The subject property is not located in the coastal zone. 5. A public hearing was held on June 30, 2022, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 5 Zoning Administrator Resolution No. ZA2022-### Page 2 of 8 3. Class 3 exempts the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. In urbanized areas, this exemption includes a store, motel, office, restaurant or similar structure not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. 4. The project involves the establishment of a personal training facility and on-line activewear business within an existing 5,920-square-foot tenant space in the IG (Industrial) zone and improvements are limited to minor tenant improvements within the existing building. The project therefore qualifies for both the Class 1 and Class 3 categorical exemptions. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC, 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 IG (General Industrial) land use designation is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing, research and development, and limited ancillary commercial and office uses. The proposed project comports with this intent. Personal training is consistent with the land use designation and the retail component serves as an ancillary commercial use. 2. The property is not located within 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 IG (Industrial) Zoning District is intended to provide for areas appropriate for a wide range of moderate to low intensity industrial uses and limited accessory commercial and office uses. Health/Fitness Facilities over 2,000 square-feet are specified as an allowed use within this zone, subject to a minor use permit. 2. The project will provide a host facility for private personal trainers who will contract with Onyx Athletica LLC for use of the space and equipment to train individual private clients. 6 Zoning Administrator Resolution No. ZA2022-### Page 3 of 8 The project would support private trainers by providing a shared location in which to operate, designed and equipped for their work, with adequate on-site parking and operating characteristics consistent with the surrounding adjacent land uses. 3. The operational conditions of approval will promote compatibility with the surrounding land uses, which are predominately industrial uses. The proposed use will comply with all other applicable provisions of the NBMC. 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 project is located within an existing industrial building. The design, size, location, and operating characteristics of the use are compatible with the surrounding existing land uses. 2. Project implementation will consist of tenant improvements to the existing tenant space, in compliance with Building and Fire Code safety and accessibility requirements. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes. 3. The applicant has provided a parking study, prepared by RK Engineering Group, Inc., dated October 6, 2021, documenting that adequate parking exists onsite for both the existing and proposed uses. The parking study considered the square footage of each existing and proposed business, operating hours, number of onsite parking spaces and applicable City parking requirements. There are eighty-eight (88) onsite parking spaces and the study determined that fifty-four (54) spaces are required, therefore a surplus of thirty- four (34) parking spaces exists. 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. All proposed tenant improvements, with the exception of signage, are limited to the inside of the existing building and will not affect pedestrian circulation, parking spaces, or access to existing tenants. Adequate public and emergency vehicle access is taken from West 16th Street. Public services and utilities are adequately provided for on-site. 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and plans will be reviewed prior to the issuance of building permits. 7 Zoning Administrator Resolution No. ZA2022-### Page 4 of 8 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 project includes conditions of approval to ensure that potential conflicts with the surrounding land uses and City as a whole are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the business. 2. The proposed business will be located within an existing tenant space is an existing industrial building and the IG Industrial zone allows the proposed use, subject to a minor use permit. The space has not proven unsuitable for this type of use. 3. The proposal has been reviewed by the Building Division, Public Works, and Fire Departments, and recommended conditions of approval have been included to limit any detriment to the City or general welfare of persons visiting or working in the surrounding neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2021-041 and incorporated by reference. 3. 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. 8 Zoning Administrator Resolution No. ZA2022-### Page 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JUNE, 2022. ____________________________ Jaime Murillo, Zoning Administrator 9 Zoning Administrator Resolution No. ZA2022-### Page 6 of 8 CONDITIONS OF APPROVAL Planning Division 1. The project shall be in substantial conformance with the approved floor plans 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. The and Fire Department. 5. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 6. Minor Use Permit No. UP2021-041 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Exceptions), unless an extension is otherwise granted. 7. This 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. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Use Permit or the processing of a new Use Permit. 9. Based upon the lease allocation of twenty-two (22) onsite parking spaces, the business shall not operate with more than eight (8) personal trainers, eight (8) clients and two (2) staff members at any given time. 10. A copy of the Resolution, including condit incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. 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 10 Zoning Administrator Resolution No. ZA2022-### Page 7 of 8 current business owner, property owner or the leasing agent. 12. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 13. The exterior of the business shall always be maintained free of litter and graffiti. 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. 14. 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). 15. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 16. 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. 17. 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 NBMC. 18. 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 approval of Onyx Athletica LLC including, but not limited to, Minor Use Permit No. UP2021-041 (PA2021-247). 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. 11 Zoning Administrator Resolution No. ZA2022-### Page 8 of 8 Building Division 19. The and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 20. Prior to the issuance of building permits, the project plans shall comply with applicable disabled access requirements. Fire Department 21. The facility is classified as an A-3 Assembly Group Occupancy. A minimum of two (2) exits equipped panic hardware are required. A roll-up door does not qualify as an exit door. 12 Attachment No. ZA 2 Vicinity Map 13 VICINITY MAP Minor Use Permit No. UP2021-041 (PA2021-247) 847 West 16th Street Subject Property 14 Attachment No. ZA 3 Project Description 15 PA2021-247 16 PA2021-247 17 Attachment No. ZA 4 Parking Study & Plans 18 PA2021-247 19 October 6, 2021 Mr. Jacob Price ONYX ATHLETICA 847 W 16th Street Newport Beach, CA 92663 Subject: Onyx Athletica Parking Review, City of Newport Beach Dear Mr. Price, Introduction RK ENGINEERING GROUP, INC. (RK) is pleased to submit this parking review for the proposed Onyx Athletica located at 847 W. 16th Street, in the City of Newport Beach. The proposed personal fitness facility will consist of approximately 5,920 gross square feet. The project is located within a light industrial development which provides a total of 88 dedicated parking spaces (including four (4) ADA spaces) within a surface lot. The project conforms with the current ADA parking requirements. The buildings have a parking supply ratio of approximately 2.5 parking spaces per 1,000 square feet of building area. Study Area 833, 845, 847, & 849 W. 16th Street, City of Newport Beach, CA Address Tenant Hours of Operation Gross Square Feet Land Use Percent of Gross Floor Area 847 W. 16th Street Onyx Athletica (Proposed Personal Training Facility) Sunday - Saturday 5 AM - 10 PM 5,920 Health / Fitness Facility 17% 849 W. 16th Street 3D Carbon (Existing Tenant) Monday - Friday 9 AM - 5 PM 4,008 Wholesaling (Auto Parts)12% 845 W. 16th Street Urban Decay (Existing Tenant) Monday - Friday 8 AM - 5 PM 9,144 Warehousing & Storage 27% 833 W. 16th Street2 Urban Decay (Existing Tenant) Monday - Friday 8 AM - 5 PM 15,346 Wholesaling (Cosmetics)45% Project Totals 34,418 100% Exhibits A and B provides the site plan and floor plan respectively. PA2021-247 20 ONYX ATHLETICA RK16924 Page 2 A representative from RK (Rogier Goedecke, President) completed a field review of the study area on Tuesday, September 24, 2021, at approximately 10:00 AM. The field review indicated that all tenants were in operation and there was an abundance available parking spaces onsite. The parking spaces are not stenciled or signed based on the existing tenant mix. Photos of the study area are provided in Appendix A. Onyx Athletica Operations The use will consist of a private personal training facility with eight (8) personal trainers and two (2) employees. Training sessions will be provided by appointment only and one (1) customer per trainer. The project shares parking with three (3) other buildings. The use will also be utilized for active wear retail sales. A total of twenty-two (22) designated parking spaces are provided for the proposed use based on the rental agreement. The assigned parking spaces are identified in Exhibit A. The floor plan located on Exhibit B identifies a total of nine (9) training stations. As noted, a total of eight (8) personal trainers will be onsite at any given time. The additional training station is used as a spare station. At no time will all nine (9) training stations be used concurrently. The use will operate seven (7) days per week from 5:00 AM to 10:00 PM. All training sessions are based on appointment only and no walk-ins are accepted. All training sessions will be 45 minutes in length. In order to not exceed the parking allowance of twenty-two (22) spaces, a 15-minute time-gap is necessary between training sessions to allow for one customer to leave while another arrives. As a result, the potential of customer double parking during the overlap period is reduced. The training schedule included in Table 1 represents an intense case scenario. Under typical conditions, the use will not be occupied by all trainers and customers during the day. Representatives of the project should regularly monitor the hourly parking demand to ensure that the twenty-two (22) parking space allocation is not exceeded and customers, trainers, and staff are not parking in other parking areas. PA2021-247 21 ONYX ATHLETICA RK16924 Page 3 Table 1 includes the Onyx Athletica Weekday and Weekend Maximum Occupancy Load per hour. City of Newport Beach Parking Requirements (Table 2) Based on the parking code requirements, the City of Newport Beach applies a parking rate of one (1) space per 200 square feet (5.0 parking spaces per 1,000 square feet) for Health/Fitness Facilities greater than 2,000 square feet use. Since the proposed project consists of approximately 5,920 square feet, it would require a total of thirty-one (31) parking spaces. Considering the other existing tenants within the study area, the project requires a total of fifty-four (54) parking spaces based on applying the parking requirements for all uses within the study area. Since the project provides a total of eighty-eight (88) parking spaces, there is a surplus of thirty-four (34) parking spaces onsite. Based on a review of the City of Newport Beach parking requirements, there are a sufficient amount of parking spaces available onsite for all tenants. The City of Newport Beach Parking Code (Table 21.40.050 Off-Street Parking Requirements) is provided in Appendix B. Recommendations Based on the parking evaluation and review of the proposed Onyx Athletica private health club, the following recommendations are provided to ensure adequate parking is continuously provided onsite: 1. All training sessions must be available by appointment only. Walk-ins are not allowed. 2. Training sessions should have a 15-minute time-gap between sessions to avoid the double parking of customers. 3. To remain consistent with the parking allocation of twenty-two parking spaces per the rental agreement, the project should limit the number of personal trainers to 8, staff to 2, and clients to 8 at any given time. 4. The parking spaces for each tenant should be identified via a sign or parking space stencil program that is consistent with the parking allocation provided via the rental agreement. This will ensure that parking is not being poached by other tenants. All PA2021-247 22 ONYX ATHLETICA RK16924 Page 4 employees, personal trainers, and clients should be informed to park in designated parking spaces only. 5. Trash dumpsters, storage items, etc., blocking parking spaces should be relocated to free up parking spaces. 6. Representatives of Onyx Athletica should regularly monitor the hourly parking demand to ensure that the twenty-two (22) parking space allocation is not exceeded. 7. A total of nine (9) training stations will be provided. As noted, a total of eight (8) personal trainers will be onsite at any given time. The additional training station is used as a spare station. At no time will all nine (9) training stations be used concurrently. PA2021-247 23 ONYX ATHLETICA RK16924 Page 5 Conclusion Onyx Athletica is proposing to operate approximately 5,920 square feet private health club facility located at 847 W. 16th Street, in the City of Newport Beach. Based on the rental agreement, the project will have a parking allocation of twenty-two (22) parking spaces. All training sessions are by appointment only and the parking allocation is not expected to be exceeded based on the 15-minute time-gap between training sessions. Furthermore, based on the City of Newport Beach parking requirements for all uses within the study area, the project is consistent with the parking code. Based on a review of the proposed operating hours and the City of Newport Beach parking requirements, there are a sufficient amount of parking spaces available to serve the project and the other existing tenants at the site. If you have any questions regarding this review or need further clarification, please contact us at (949) 474-0809. Sincerely, RK ENGINEERING GROUP, INC. Rogier Goedecke President Attachments RG:/rk16924 JN:3003-2021-01 PA2021-247 24 PA2021-247 25 PA2021-247 26 Tables PA2021-247 27 Time1 Personal Trainers Staff Clients Total Occupants Onsite Parking Allocation (22 Parking Spaces) 5:00 AM - 5:45 AM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 6:00 AM - 6:45 AM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 7:00 AM - 7:45 AM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 8:00 AM - 8:45 AM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 9:00 AM - 9:45 AM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 10:00 AM - 10:45 AM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 11:00 AM - 11:45 AM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 12:00 PM - 12:45 PM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 1:00 PM - 1:45 PM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 2:00 PM -2:45 PM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 3:00 PM - 3:45 PM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 4:00 PM - 4:45 PM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 5:00 PM - 5:45 PM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 6:00 PM - 6:45 PM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 7:00 PM - 7:45 PM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 8:00 PM - 8:45 PM 8 2 8 18 NOT EXCEEDED 15-Minute Gap 8 2 8 18 NOT EXCEEDED 9:00 AM - 9:45 AM 8 2 8 18 NOT EXCEEDED 1 The training sessions will have a 15-minute gap for clients to arrive and depart. As a result, the potential of double parking during the overlap period is reduced. As a conservative measure, the table assumes eight (8) clients are onsite at any given time. Table 1 Onyx Athletica Weekday & Weekend 847 W. 16th Street, Newport Beach, CA RK16924TB JN:3003-2021-01 PA2021-247 28 29 Appendices PA2021-247 30 Appendix A Photos of the Study Area PA2021-247 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Appendix B The City of Newport Beach Parking Code (Table 21.40.050 Off-Street Parking Requirements) PA2021-247 45 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-1 Chapter 21.40 Off-Street Parking Sections: 21.40.010 Purpose 21.40.020 Applicability 21.40.030 Requirements for Off-Street Parking 21.40.040 Off-Street Parking Spaces Required 21.40.045 Bicycle Parking for Non-residential Developments 21.40.050 Parking Requirements for Shopping Centers 21.40.060 Parking Requirements for Food Service Uses 21.40.070 Development Standards for Parking Areas 21.40.110 Adjustments to Off-Street Parking Requirements 21.40.120 Parking Management Districts 21.40.130 In-Lieu Parking Fee 21.40.145 Preferential Parking Zones 21.40.010 Purpose The purpose of this chapter is to provide off-street parking and loading standards to: A. Provide for the general welfare and convenience of persons within the City by ensuring that sufficient parking facilities are available to meet the needs generated by specific uses and that adequate parking is provided, to the extent feasible; B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities; C. Increase public safety by reducing congestion on public streets and to minimize impacts to public street parking available for coastal access and recreation; D. Ensure access and maneuverability for emergency vehicles; E. Provide loading and delivery facilities in proportion to the needs of allowed uses; and F. Provide transportation and parking requirements for new development to protect, maintain, and enhance public access in the Coastal Zone. 21.40.020 Applicability A.Off-Street Parking Required. Each use, including a change or expansion of a use or structure, except as otherwise provided for in Chapter 21.38 (Nonconforming Uses and Structures) shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and PA2021-247 46 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-2 structures shall not be occupied until improvements required by this chapter are satisfactorily completed. B. Change, Enlargement, or Intensification of Use. Changes in use and enlargement or intensification of an existing use shall require compliance with the off-street parking requirements of this chapter, except as allowed in Chapter 21.38 (Nonconforming Uses and Structures). 21.40.030 Requirements for Off-Street Parking A. Parking Required To Be On-Site. Parking shall be located on the same lot or development site as the uses served, except for the following: 1. Townhouses and Multi-Tenant Uses. Where parking is provided on another lot within the same development site, the parking shall be located within two hundred (200) feet of the units they are intended to serve. 2. Off-Site Parking Agreement. Parking may be located off-site with the approval of an off-site parking agreement. B. Permanent Availability Required. Each parking and loading space shall be permanently available and maintained for parking purposes for the use it is intended to serve. The Director may authorize the temporary use of parking or loading spaces for other than parking or loading in conjunction with a seasonal or intermittent use. C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained in good condition. D. Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a private street, parking lot, or private property for the primary purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, and the vendor is licensed to transact a vehicle sales business at that location. E. Calculation of Spaces Required. 1. Fractional Spaces. Fractional parking space requirements shall be rounded up to the next whole space. 2. Bench Seating. Where bench seating or pews are provided, eighteen (18) linear inches of seating shall be considered to constitute a separate or individual seat. 3. Gross Floor Area. References to spaces per square foot are to be calculated on the basis of gross floor area unless otherwise specified. 4. Net Public Area. the public within an eating and/or drinking establishment, excluding kitchens, restrooms, offices pertaining to the use, and storage areas. PA2021-247 47 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-3 5.Spaces per Occupant. References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the City of Newport Beach Fire Department. 6.Spaces Required for Multiple Uses. If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements prescribed for each use. F.Nonconforming Parking and Loading. Land uses and structures that are nonconforming due solely to the lack of off-street parking or loading facilities required by this chapter shall be subject to the provisions of Section 21.38.060 (Nonconforming Parking). 21.40.040 Off-Street Parking Spaces Required. Off-street parking spaces shall be provided in compliance with Table 21.40-1. Where the off-street parking spaces required is established by a coastal development permit, the review authority shall require sufficient data, including a parking demand study, from the applicant in order to make this determination. These standards shall be considered the minimum required to preserve the public health, safety, and welfare, and more extensive parking provisions may be required by the review authority in particular circumstances. Unless otherwise noted parking requirements are calculated based on gross floor area. TABLE 21.40-1 OFF-STREET PARKING REQUIREMENTS Land Use Parking Spaces Required Industry, Manufacturing and Processing, Warehousing Uses Food Processing 1 per 2,000 sq. ft. Handicraft Industry 1 per 500 sq. ft. Industry Small 5,000 sq. ft. or less 1 per 500 sq. ft. Large Over 5,000 sq. ft. 1 per 1,000 sq. ft. Industry, Marine-Related 1 per 750 sq. ft. Personal Storage (Mini Storage) 2 for resident manager, plus additional for office as required by coastal development permit Research and Development 1 per 500 sq. ft. Warehousing and Storage 1 per 2,000 sq. ft., plus one per 350 sq. ft. for offices. Minimum of 10 spaces per use Wholesaling 1 per 1,000 sq. ft. PA2021-247 48 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-4 TABLE 21.40-1 OFF-STREET PARKING REQUIREMENTS Land Use Parking Spaces Required Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities 1 per 3 seats or one per 35 sq. ft. used for assembly purposes1 Commercial Recreation and Entertainment As required by coastal development permit Cultural Institutions 1 per 300 sq. ft. Schools, Public and Private As required by coastal development permit Residential Uses Accessory Dwelling Units 1 per unit; a minimum of 2 covered per site. Single-Unit Dwellings Attached 2 per unit in a garage Single-Unit Dwellings Detached and less than 4,000 sq. ft. of floor area 2 per unit in a garage Single-Unit Dwellings Detached and 4,000 sq. ft. or greater of floor area 3 per unit in a garage Single-Unit Dwellings Balboa Island 2 per unit in a garage Multi-Unit Dwellings 3 units 2 per unit covered, plus guest parking; 1 2 units, no guest parking required 3 units, 1 guest parking space Multi-Unit Dwellings 4 units or more 2 per unit covered, plus 0.5 space per unit for guest parking Two-Unit Dwellings 2 per unit; 1 in a garage and 1 covered or in a garage Live/Work Units 2 per unit in a garage, plus 2 for guest/customer parking Senior Housing Market rate 1.2 per unit Senior Housing Affordable 1 per unit Retail Trade Uses Appliances, Building Materials, Home Electronics, Furniture, Nurseries, and Similar Large Warehouse-type Retail Sales and Bulk Merchandise Facilities 1st 10,000 sq. ft.1 space per 300 sq. ft. Over 10,000 sq. ft.1 space per 500 sq. ft. PA2021-247 49 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-5 TABLE 21.40-1 OFF-STREET PARKING REQUIREMENTS Land Use Parking Spaces Required Plus 1 per 1,000 sq. ft. of outdoor merchandise areas Food and Beverage Sales 1 per 200 sq. ft. Marine Rentals and Sales Boat Rentals and Sales 1 per 1,000 sq. ft. of lot area, plus 1 per 350 sq. ft. of office area Marine Retail Sales 1 per 250 sq. ft. Retail Sales 1 per 250 sq. ft. Shopping Centers 1 per 200 sq. ft. See Section 21.40.050 Service Uses Business, Financial, Medical, and Professional Convalescent Facilities 1 per 3 beds or as required by coastal development permit Emergency Health Facilities 1 per 200 sq. ft. Financial Institutions and Related Services 1 per 250 sq. ft. Hospitals 1 per bed; plus 1 per resident doctor and 1 per employee. Offices*Business, Corporate, General, Governmental First 50,000 sq. ft. 1 per 250 sq. ft. net floor area Next 75,000 sq. ft. 1 per 300 sq. ft. net floor area Floor area above 125,001 sq. ft. 1 per 350 sq. ft. net floor area * Not more than 20% medical office uses. Offices Medical and Dental Offices 1 per 200 sq. ft. Outpatient Surgery Facility 1 per 250 sq. ft. Service Uses General Adult-Oriented Businesses 1 per 1.5 occupants or as required by coastal development permit Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces. Animal Sales and Services Animal Boarding/Kennels 1 per 400 sq. ft. Animal Grooming 1 per 400 sq. ft. PA2021-247 50 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-6 TABLE 21.40-1 OFF-STREET PARKING REQUIREMENTS Land Use Parking Spaces Required Animal Hospitals/Clinics 1 per 400 sq. ft. Animal Retail Sales 1 per 250 sq. ft. 1 per 1,000 sq. ft. Catering Services 1 per 400 sq. ft. Care Uses Adult Day Care Small (6 or fewer) Spaces required for dwelling unit only Adult Day Care Large (7 or more) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling unit) Child Day Care Small (6 or fewer) Spaces required for dwelling unit only Child Day Care Large (9 to 14) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling unit) Day Care General 1 per 7 occupants based on maximum occupancy allowed per license Residential Care General (7 to 14) 1 per 3 beds Eating and Drinking Establishments Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of net public area, whichever is greater Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed occupancy load or as required by coastal development permit Food Service with/without alcohol, with/without late hours 1 per 30 50 sq. ft. of net public area, including outdoor dining areas 25% of the interior net public area or 1,000 sq. ft., whichever is less. See Section 21.40.060 Food Service Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for outdoor dining areas Take-Out Service Limited 1 per 250 sq. ft. Emergency Shelter 1 per 4 beds plus 1 per staff; and if shelter is designed with designated family units then 0.5 parking space PA2021-247 51 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-7 TABLE 21.40-1 OFF-STREET PARKING REQUIREMENTS Land Use Parking Spaces Required per bedroom designated for family units Funeral Homes and Mortuaries 1 per 35 sq. ft. of assembly area Health/Fitness Facilities Small 2,000 sq. ft. or less 1 per 250 sq. ft. Large Over 2,000 sq. ft. 1 per 200 sq. ft. Laboratories (medical, dental, and similar) 1 per 500 sq. ft. Maintenance and Repair Services 1 per 500 sq. ft. Marine Services Boat Storage Dry 0.33 per storage space or as required by coastal development permit Boat Yards As required by coastal development permit Dry Docks 2 per dry dock Entertainment and Excursion Services 1 per each 3 passengers and crew members Marine Service Stations As required by coastal development permit Sport Fishing Charters 1 per each 2 passengers and crew members Water Transportation Services Office 1 per 100 sq. ft., minimum 2 spaces Personal Services Massage Establishments 1 per 200 sq. ft. or as required by coastal development permit Nail Salons 1 per 80 sq. ft. Personal Services, General 1 per 250 sq. ft. Studio (dance, music, and similar) 1 per 250 sq. ft. Postal Services 1 per 250 sq. ft. Printing and Duplicating Services 1 per 250 sq. ft. Recycling Facilities Collection Facility Large 4 spaces minimum, but more may be required by the review authority PA2021-247 52 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-8 TABLE 21.40-1 OFF-STREET PARKING REQUIREMENTS Land Use Parking Spaces Required Collection Facility Small As required by the review authority Visitor Accommodations Bed and Breakfast Inns 1 per guest room, plus 2 spaces Hotels and accessory uses As required by coastal development permit Motels 1 per guest room or unit Recreational Vehicle Parks As required by coastal development permit Time Shares As required by coastal development permit Transportation, Communications, and Infrastructure Uses Communication Facilities 1 per 500 sq. ft. Heliports and Helistops As required by coastal development permit Marinas 0.75 per slip or 0.75 per 25 feet of mooring space Vehicle Rental, Sale, and Service Uses Vehicle/Equipment Rentals Office Only 1 per 250 sq. ft. Limited 1 per 300 sq. ft., plus 1 per rental vehicle (not including bicycles and similar vehicles) Vehicle/Equipment Rentals and Sales 1 per 1,000 sq. ft. of lot area Vehicles for Hire 1 per 300 sq. ft., plus 1 per each vehicle associated with the use and stored on the same site Vehicle Sales, Office Only 1 per 250 sq. ft., plus 1 as required by DMV Vehicle/Equipment Repair (General and Limited) 1 per 300 sq. ft. or 5 per service bay, whichever is more Vehicle/Equipment Services Automobile Washing 1 per 200 sq. ft. of office or lounge area; plus queue for 5 cars per washing station PA2021-247 53 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-9 TABLE 21.40-1 OFF-STREET PARKING REQUIREMENTS Land Use Parking Spaces Required Service Station 1 per 300 sq. ft. or 5 per service bay, whichever is more; minimum of 4 Service Station with Convenience Market 1 per 200 sq. ft., in addition to 5 per service bay Vehicle Storage 1 per 500 sq. ft. Other Uses Caretaker Residence 1 per unit Special Events As required by Chapter 11.03 Temporary Uses As required by the coastal development permit in compliance with Chapter 21.52 1. The 1 per 3 seats standard should be used for areas with fixed setting and the 1 per 35 sq. ft. standard should be used for areas with no fixed seating. 21.40.045 Bicycle Parking for Non-residential Developments A.Applicability. The bicycle parking standards of this section shall be required for new non-residential developments with gross floor areas of ten thousand (10,000) square feet or more. B.Number Required. Five (5) percent of the number of off-street parking spaces required. C.Design Requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure the bicycle with a user-provided cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. 21.40.050 Parking Requirements for Shopping Centers A. An off-street parking space requirement of one space for each two hundred (200) square feet of gross floor area may be used for shopping centers meeting the following criteria: 1. The gross floor area of the shopping center does not exceed 100,000 square feet; and 2. The gross floor area of all eating and drinking establishments does not exceed fifteen (15) percent of the gross floor area of the shopping center. B. Individual tenants with a gross floor area of ten thousand (10,000) square feet or more shall meet the parking space requirement for the applicable use in compliance with Section 21.40.040 (Off-Street Parking Spaces Required). PA2021-247 54 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-10 C. Shopping centers with gross floor areas in excess of 100,000 square feet or with eating and drinking establishments occupying more than fifteen (15) percent of the gross floor area of the center shall use a parking requirement equal to the sum of the requirements prescribed for each use in the shopping center. 21.40.060 Parking Requirements for Food Service Uses A. Establishment of Parking Requirement. The applicable review authority shall establish the off-street parking requirement for food service uses within a range of one space for each thirty (30) to fifty (50) square feet of net public area based upon the following considerations: 1. Physical Design Characteristics. a. The gross floor area of the building or tenant space; b. The number of tables or seats and their arrangement; c. Other areas that should logically be excluded from the determination of net public area; d. The parking lot design, including the use of small car spaces, tandem and valet parking and loading areas; e. Availability of guest dock space for boats; and f. Extent of outdoor dining. 2. Operational Characteristics. a. The amount of floor area devoted to live entertainment or dancing; b. The amount of floor area devoted to the sale of alcoholic beverages; c. The presence of pool tables, big screen televisions or other attractions; d. The hours of operation; and e. The expected turnover rate. 3. Location of the Establishment. a. In relation to other uses and the waterfront; b. Availability of off-site parking nearby; c. Amount of walk-in trade; and d. Parking problems in the area at times of peak demand. PA2021-247 55 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-11 B.Conditions of Approval. If during the review of the application, the review authority uses any of the preceding considerations as a basis for establishing the parking requirement, the substance of the considerations shall become conditions of the permit application approval and a change to any of the conditions will require an amendment to the permit application, which may be amended to establish parking requirements within the range as noted above. 21.40.070 Development Standards for Parking Areas Parking areas shall be developed in compliance with the following requirements. A.Parking Space Standards. Parking spaces shall be designed to provide have adequate dimensions, clearances, and access to insure their use. B.Alley Access. Development on lots or parcels with alley access shall be designed such that access to on-site parking spaces is accessed by the abutting alley. 1.Exceptions. The reviewing authority may grant an exception on lots: a. Where the width of the abutting alley is not sufficient to provide maneuvering space for access; or b. Where the provision of access by abutting streets would not result in the loss of on-street parking spaces. C.Driveways. Project and subdivision designs shall minimize the number of curb cuts for driveways. Existing curb cuts shall be closed to create public on-street parking wherever feasible. D.Parking Configuration/Management. Parking configurations and/or parking management programs that are difficult to maintain and enforce shall not be permitted. 21.40.110 Adjustments to Off-Street Parking Requirements The number of parking spaces required by this chapter may be reduced only in compliance with the following standards and procedures. A.Reduction of Required Off-Street Parking. Off-street parking requirements may be reduced as follows: 1.Reduced Parking Demand. Required off-street parking may be reduced in compliance with the following conditions: a. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development); and PA2021-247 56 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-12 b. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). 2. Joint Use of Parking Facilities. Required off-street parking may be reduced where two or more nonresidential uses on the same site or immediately adjacent sites have distinct and differing peak parking demands (e.g., a theater and a bank). The review authority may grant a joint use of parking spaces between the uses that results in a reduction in the total number of required parking spaces. C. Parking Management Plan. When a parking management plan to mitigate impacts associated with a reduction in the number of required parking spaces is required by this chapter, the parking management plan may include, but is not limited to, the following when required by the review authority: 1. Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict; 2. Restricting land uses with high parking demand characteristics; 3. Securing off-site parking; 4. Providing parking attendants and valet parking; and 5. Other appropriate mitigation measures. D. Required Data. In reaching a decision to allow a reduction of required parking spaces, the review authority shall consider data submitted by the applicant or collected/prepared at the E. Impact to Coastal Access Prohibited. No application for a reduction in the number of off-street parking requirements shall be approved that impacts public parking available for coastal access. 21.40.120 Parking Management Districts Properties within a parking management district may be exempted from all or part of the off-street parking requirements of this chapter in compliance with the provisions of the adopted parking management district plan. 21.40.130 In-Lieu Parking Fee The number of parking spaces required by Section 21.40.040 (Off-Street Parking Spaces Required) may be reduced if the review authority authorizes the use of an in-lieu fee to be paid by the applicant towards the development of public parking facilities. The in-lieu fee shall be paid to the Citywide Parking Improvement Trust Fund. The amount of the fee and time of payment shall be established by Council resolution. PA2021-247 57 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-13 21.40.145 Preferential Parking Zones A.Establishment. The City Council may designate, by ordinance, certain residential streets or alleys or any portions thereof, as preferential parking zones for the benefit of residents adjacent thereto, in which zone vehicles displaying a permit or other authorized indicia may be exempt from parking prohibitions or restrictions otherwise posted, marked or noticed. B.Coastal Development Permit Required. A coastal development permit approved by the City Council shall be required to establish a new or modify an existing preferential parking zone in the Coastal Zone. C.Establishment of Preferential Parking Zones. Each preferential parking zone shall be designated only upon the City Council finding: 1. That such zone is required to enhance or protect the quality of life in the area of the proposed zone threatened by noise, traffic hazards, environmental pollution or devaluation of real property resulting from long-term nonresidents parking, that such zone is necessary to provide reasonably available and convenient parking for the benefit of the adjacent residents; and 2. That the proposed zone is desirable to alleviate traffic congestion, illegal parking and related health and safety problems; and 3. That the establishment of the preferential parking zone will not have a direct impact to coastal access. D.Criteria for Determination of Findings. The findings referred to in Subsection (C) shall be based upon the following criteria, supported by substantial evidence in the record and established to the satisfaction of the City Council: 1. The parking in the area by nonresidents does substantially and regularly interfere with the use of the majority of the available public street or alley parking spaces by adjacent residents; 2. That the interference by the nonresidents parking referred to above occurs at regular and significant daily or weekly intervals; 3. That nonresidents parking is a source of unreasonable noise, traffic hazards, environmental pollution or devaluation of real property in the area of the proposed zone; 4. That the majority of households and property owners adjacent to the proposed zone desire, agree to or request preferential parking privileges; 5. That no unreasonable displacement of nonresident vehicles will occur in surrounding residential areas; PA2021-247 58 Newport Beach LCP Implementation Plan CCC Draft 1 Page 21.40-14 6. That public rights of access to, and along the shoreline and coastal blufftops are not directly impacted, including impacts to the use and capacity of public parking; 7. That consideration was given to the availability of, and opportunities for, alternative modes of transportation; 8. That a shortage of reasonably available and convenient residentially related parking spaces exists in the area of the proposed zone; and 9. That no alternative solution is feasible or practical. E.Periodic Review. Coastal development permits establishing preferential parking zones shall be periodically reviewed and, if necessary, modified, to insure that the criteria used to establish the preferential parking zone reflect current conditions. F.Parking Permits. 1.Number. A maximum of four (4) annual permits for preferential parking may be issued for each qualified dwelling unit to any qualified applicant. 2.Fees. Permit fees shall be established by resolution of the City Council and shall be progressive for dwelling units with multiple permits. 3.Use of Funds. Permit fees collected for preferential parking in the Coastal Zone shall be deposited into a special fund to be used to fund programs to mitigate impacts to coastal access and parking facilities. PA2021-247 59