HomeMy WebLinkAboutZA2012-011 Crossfit Fly Use PermitRESOLUTION NO. ZA2012 -011
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2011 -021 FOR A HEALTH /FITNESS FACILITY LOCATED
AT 3767 BIRCH STREET (PA2011 -119)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Crossfit Fly, with respect to property located at 3767 Birch
Street, and legally described as Lot 55 and the southwesterly half of Lot 54, Tract 3201
also described as Parcel 1 of Resubdivision No. 983 on Parcel Map, as per map filed in
book 282, pages 14 and 15 of Parcel Maps, in the office of the County Recorder in the
County of Orange, requesting approval of a minor use permit.
2. The applicant requests a minor use permit to allow a new, 5,000- square -foot
health /fitness facility. The health /fitness facility would accommodate patrons for
personal training by appointment. The proposed operating hours are from 5:30 a.m. to
8:30 p.m., Monday through Saturday. Twenty five parking spaces are provided to
accommodate the proposed use.
3. The subject property is located within the OA (Office Airport) Zoning District and the
General Plan Land Use Element category is AO (Airport Office and Supporting Uses).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 14, 2012 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. 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. The project is categorically exempt under Section 1, of the California Environmental
Quality Act (CEQA) Guidelines — Existing Facilities). The Class 1 exemption includes
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.
2. The proposed business is located within an existing building where only minor interior
alterations are required to accommodate the new use.
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SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.17 of the Newport Beach Municipal Code, the following
findings and facts in support of the findings for a use permit are set forth:
Finding
A. The use is consistent with the General Plan and any applicable specific plan:
Facts in Support of Finding
1. The General Plan land use designation for this site is AO (Airport Office). The AO
designation is intended to provide for areas appropriate for the development of
properties adjoining the John Wayne Airport for uses that support or benefit from
airport operations. These may include corporate and professional offices; automobile
sales, rental, and service; aviation sales and service; hotels; and accessory retail,
restaurant, and service uses. The health /fitness facility is a retail use that is
complementary to the surrounding commercial uses and is consistent with these land
use designations.
2. The subject property is not part of a specific plan area.
Finding
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code:
Facts in Support of Finding
1. The site is located in the OA (Office - Airport) Zoning District. The OA designation is
intended to provide for areas appropriate for the development of properties adjoining
the John Wayne Airport for uses that support or benefit from airport operations. These
may include corporate and professional offices; automobile sales, rental, and service;
aviation sales and service; hotels; and accessory retail, restaurant, and service uses.
The proposed health /fitness facility, is consistent with these land use designations. The
health /fitness facility is a retail use that is consistent with land uses permitted by the
OA Zoning District.
2. The subject property provides sufficient parking to accommodate the reduced size of
the existing car wash and the proposed health /fitness facility.
3. A total of 25 off - street parking spaces are required and provided for the health /fitness
facility at a rate of one parking space per 200 square feet of gross floor area.
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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 operating hours are 5:30 a.m. to 8:30 a.m., Monday through Saturday.
2. The health /fitness facility consists of 5,000 square feet. The floor plan provides an
open floor area for exercise with a reception area, accessory office, and unisex
restroom. The tenant space is designed to accommodate small group coaching
classes of 10 to 15 patrons per day with one instructor.
3. The project site is located within an existing commercial building and the tenant space
is designed and developed with an open floor plan to accommodate a variety of health
and fitness techniques. The design, size, location, and operating characteristics of the
use are compatible with the adjacent car wash and surrounding uses.
4. The subject property is not located within close proximity of residential uses and the
proposed health /fitness facility is compatible with allowed uses in the OA Zoning
District.
Finding
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities:
Facts in Support of Finding
1. Adequate circulation is provided on the subject property and 25 parking spaces are
provided for the health /fitness facility.
2. The applicant is required to provide fire extinguishers within the building, post the
maximum occupant load and equipment plan on -site, and provide ADA accessible
parking and restrooms to ensure the tenant space is physically suitable for patrons.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utilities upgrades will be required at
plan check and have been included in the conditions of approval.
4. The tenant improvements to the project site will comply with all Building, Public Works,
and Fire Codes. All ordinances of the City and all conditions of approval will be
complied with.
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Finding
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, a safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Finding
1. The proposed establishment will provide health and fitness services as a convenience
to the surrounding neighborhood. This will revitalize the project site and provide an
economic opportunity for the property owner to add an additional commercial tenant,
which best serves the quality of life for the surrounding community.
2. A total of 50 parking spaces will be provided in the surface parking lot. Adequate
parking is provided on -site to accommodate both the proposed use and the existing
car wash and vehicle service facility.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2011 -021, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Department in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
APPROVED AND AD9PT-f_D THIS 14TH DAY OF MARCH, 2012.
AICP;�IXpning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
Planning Department Conditions
1. Use Permit No. UP2011 -021 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code,
or an extension is otherwise granted.
2. The Zoning Administrator may add to or modify conditions of approval to this Use Permit
or revoke 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, comfort, or
general welfare of the community.
3. The project shall be in substantial conformance with the approved plot plan, floor plan
and elevations.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use will be cause for revocation of this Permit.
5. The use shall be limited to a maximum of 25 instructors and students at any time
during the operating hours of 5:30 a.m. to 8:30 p.m., Monday through Saturday.
6. A total of 25 parking spaces shall be provided on -site and identified for the
health /fitness facility (based on one parking space per 200 square feet).
7. All trash shall be stored within the building or within dumpsters stored in a trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes. The trash dumpsters shall have a top, which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency [Condition also identified in Staff Approval No. SA2011 -015 (PA2011- 120)].
8. Refuse storage facilities on the subject property shall be upgraded to meet the
requirements specified by Title 20 by providing self - locking gates. The size, design
and location of trash enclosures shall be subject to the review and approval of the
Public Works Department and Planning Division prior to issuance of a building permit
for new construction. The enclosure shall be located on a four inch concrete pad
screened by a six foot high decorative concrete block wall that is compatible with the
architectural design of the buildings. The enclosures shall incorporate a cover of
decorative beams or other roofing material to provide security and visual screening
from above [Condition also identified in Staff Approval No. SA2011 -015 (PA2011- 120)].
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9. 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).
10. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this health /fitness facility that would attract large
crowds, including any form of on -site media broadcast, or any other activities as
specified in the Newport Beach Municipal Code to require such permits.
11. The operator of the facility shall be responsible for the control of noise generated on
the subject facility. Pre - recorded music may be played in the tenant space, provided
exterior noise levels outlined below are not exceeded. The noise generated by the
proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach
Municipal Code. The maximum noise shall be limited to no more than depicted below
for the specified time period unless the ambient noise level is higher:
12. Prior to issuance of building permits, the applicant shall submit to the Planning
Department an additional copy of the approved architectural plans for inclusion in the
use permit file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11- inches by 17- inches. The plans shall accurately
depict the elements approved by this Planning Director's Use Permit and shall
highlight the approved elements such that they are readily discernible from other
elements of the plans.
13. 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 relating
(directly or indirectly) to City's approval of the Crossfit Fly Minor Use Permit including,
but not limited to, Minor Use Permit No. UP2011 -021 (PA2011 -119). 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
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Between the hours
Between the hours
of 7:OOAM
of 10:00PM
and
and 7:OOAM
10:OOPM
Location
Interior
Exterior
Interior
Exterior
Commercial Property
N/A
65dBA
N/A
60dBA
12. Prior to issuance of building permits, the applicant shall submit to the Planning
Department an additional copy of the approved architectural plans for inclusion in the
use permit file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11- inches by 17- inches. The plans shall accurately
depict the elements approved by this Planning Director's Use Permit and shall
highlight the approved elements such that they are readily discernible from other
elements of the plans.
13. 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 relating
(directly or indirectly) to City's approval of the Crossfit Fly Minor Use Permit including,
but not limited to, Minor Use Permit No. UP2011 -021 (PA2011 -119). 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
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the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Building
14. A total of two disabled parking spaces, including one van accessible parking space shall
be provided for both uses on -site [Condition also identified in Staff Approval No. SA2011-
015 (PA2011- 120)].
15. A unisex handicap accessible restroom shall be provided within the tenant space.
16. A floor plan shall be posted within the health /fitness facility that includes an equipment
layout and maximum occupant load. The occupant load shall not exceed 49 in order to
comply with the B Occupancy classification.
17. Truncated domes shall be provided at the vehicular cross path.
18. The project and all tenant improvements must comply with the most recent, City- adopted
version of the California Building Code.
Fire Department
19. Fire extinguishers shall be located within 75 feet of travel distances from all portions of
the building. C.F.C. Sec. 906.1.
Public Works
20. The drive aisle shall be clear at all times to accommodate vehicle circulation.
21. The stalls assigned for the fitness facility shall be marked on -site.
22. The dead end drive aisle shall be accompanied by a dedicated turnaround space and a
5 -foot minimum drive aisle extension /hammerhead.
23. The van accessible parking stall shall provide an 8 -foot wide accessible aisle.
24. The parking layout shall comply with City Standard STD - 805 -L -A and STD - 805 -L -B.
25. Wheel stops shall be installed at Parking Space Nos. 37 and 38 to ensure parked
vehicles do not encroach into Parking Space No. 36 as designated on the approved
plans.
Utilities
26. The existing single check valve on the fire service shall be upgraded to a double check
detector assembly unless otherwise approved by the Public Works Department.
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27. All new and existing domestic water service shall be protected by a reduced pressure
device per City Standard SDT- 520 -L -A unless otherwise approved by the Public Works
Department.
28. All new and existing sewer laterals shall have a cleanout installed per City Standard
STD - 406 -L.
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