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HomeMy WebLinkAboutZA2012-037 Radiant Hot Yoga MUPRESOLUTION NO. ZA2012 -037 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP 2012 -018 FOR A HEALTH AND FITNESS CLUB IN THE FORM OF A YOGA STUDIO WITHIN AN EXISTING SHOPPING CENTER LOCATED AT 1200 BISON AVENUE (PA2012 -101) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Darlene Dearen, with respect to property located at 1200 Bison Avenue, and legally described as Lot 6 of Tract Map 12309 requesting approval of a Minor Use Permit. 2. The applicant proposes to convert an existing 2,125- square -foot commercial suite into a health and fitness club in the form of a yoga studio within an existing shopping center. The suite would be improved with a workout area, reception /retail area, restrooms and storage lockers for patrons. 3. The subject property is located within the North Ford Planned Community District (PC -5) and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on September 26, 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) categorical exemption, Section 15301 of the California Environmental Quality Act. 2. The project is proposing a commercial service use within an existing commercial shopping center with a minor tenant improvement. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020F. of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2012 -037 Paqe 2 of 6 Finding: A. The use is consistent with the General Plan and any applicable specific plan Facts in Support of Finding: 1. The shopping center has a General Plan land use designation of General Commercial which is intended to provide for a wide variety of commercial activities to serve citywide needs such as the yoga studio. 2. The site is not within a specific plan. 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 proposed yoga studio is within the commercial area (Newport North Shopping Center) of the North Ford Planned Community District (PC -5) which is intended to provide services for the surrounding residential community. 2. Parking is provided by the shared parking lots of the shopping center. The proposed health and fitness club in the form of a yoga studio requires only 2 additional parking spaces compared to a general retail use. The existing shopping center parking lots contain a surplus of parking that accommodates the additional parking required for the yoga studio. 3. The minor use permit is conditioned to require the potential for additional parking and an amended use permit if square footage is added to the yoga studio. 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 existing suite where the yoga studio will be located is within a shopping center that contains various commercial retail and service uses. 2. The yoga studio will provide an additional service for the surrounding community and will also offer a city -wide service consistent with the intent of the General Plan. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -037 Paqe 3 of 6 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 yoga studio will be located in a suite in the southwest corner of the existing shopping center with access from Bison Avenue and Camelback Street. Additionally, there is a bike path that provides access along MacArthur Boulevard. 2. The existing shopping center parking lot was reviewed by the City Traffic Engineer and provides adequate circulation and access for the proposed yoga studio and the existing uses. 3. The tenant improvement to the existing suite requires a building permit and all Fire and Building Code regulations will be verified during the plan check process. Finding: E. The 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. 1. The use with its operational characteristics including hours of operation fits well with the existing uses within the shopping center as well as with the surrounding residential neighborhoods. A condition is in place to regulate the exterior noise levels in compliance with the Municipal Code and to mitigate impacts to the surrounding neighborhood. 2. The improvement of the suite to accommodate the use is minor in nature and will not impact the overall operation of the shopping center. 3. The use will not create any additional impacts outside of the existing shopping center operation. The minor use permit is conditioned so that the use is required to comply with the Municipal Code noise regulations. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No. UP2012 -018, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Tmplt: 0 5/1 612 01 2 Zoning Administrator Resolution No. ZA2012 -037 Paqe 4 of 6 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 City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 26" DAY OF SEPTEMBER, 2012. Patrick J. Alford Acting Zoning Administrator Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -037 Paqe 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 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. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 3. Minor Use Permit No. UP20012 -018 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. Any addition to the 2,125 square foot yoga studio may require additional parking and an amendment to the use permit. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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. 7. This Minor Use Permit may be modified or revoked by the Zoning Administrator should they determine 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, shall require an amendment to this Minor Use Permit or the processing of a new Use Permit. 9. 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: Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -037 Pace 6 of 6 10. 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. 11. 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. 12. 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 Radiant Hot Yoga including, but not limited to, the PA2012 -101 for Minor Use Permit No. UP2012 -018. 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. Public Works Conditions 13. Parking layout shall comply with the City Traffic Engineer approved parking layout for the shopping center. Tmplt: 05/1612012 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 10. 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. 11. 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. 12. 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 Radiant Hot Yoga including, but not limited to, the PA2012 -101 for Minor Use Permit No. UP2012 -018. 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. Public Works Conditions 13. Parking layout shall comply with the City Traffic Engineer approved parking layout for the shopping center. Tmplt: 05/1612012