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HomeMy WebLinkAboutPA2023-0003_20230810_Resolution_ZA2023-055Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL August 11, 2023 Rand Kruse 3419 Via Lido, Suite 225 Newport Beach, CA 92663 rand@randkruse.com Subject: PA2023-0003 1220 Bison Avenue, Suite A5 and A6 Pilates Plus OC Dear Mr. Kruse, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on August 10, 2023 and effective on August 25, 2023. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, DL/oo c: Irvine Company Retail Properties Attn: Granaz Movahed 110 Innovation Drive Irvine, CA 92617 gmovahed@irvinecompany.com RESOLUTION NO. ZA2023-055 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR A PILATES STUDIO (LARGE HEALTH AND FITNESS FACILITY) LOCATED AT 1220 BISON AVENUE, SUITES A-5 AND A-6 (PA2023-0003) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rand Kruse (“Applicant”), with respect to property located at 1220 Bison Avenue, Suites A-5, and A-6, and legally described as Lot 6 of Tract Number 12309 (“Property”). 2. The Applicant proposes to convert two vacant 1,200-square-foot commercial tenant spaces (Suites A-5 and A-6) into a 2,400-square-foot pilates studio (large health and fitness facility). The applicant proposes to improve the studio with a pilates instruction area, reception and retail area, restrooms, and storage lockers for patrons. The studio offers group training sessions and proposes a maximum of 12 students and 1 instructor at any given time. The proposed studio is a relocation of the existing pilates studio within the same shopping center, which is currently located in Suite A-3 (“Project”). 3. The Property is located within the North Ford Planned Community (PC-5) and the General Plan Land Use Element category is General Commercial (CG). 4. The Property is not located within the coastal zone. 5. A public hearing was held on August 10, 2023, online via Zoom. A notice of time, place and purpose of the hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (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 Project involves interior improvements to two commercial tenant spaces which are currently vacant in order to establish a Pilates studio which is a negligible expansion of use. Therefore, the project qualifies for a categorical exemption under Class 1. Zoning Administrator Resolution No. ZA2023-055 Page 2 of 9 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (F) (Findings and decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the minor 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 General Commercial (CG), which is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs. These may include professional and medical offices, restaurant, retail, and service uses. The Pilates studio proposes group training sessions and will provide an ancillary retail sales area consistent with this land use designation. 2. The 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 Property is categorized under the Commercial land use (Area 3) of the North Ford Planned Community (PC-5). This area of PC-5 allows the location of light, general commercial activities engaged in the sale of products to the general public. The Project is a large health and fitness facility use which provides a service to residents and visitors of the City. 2. Section VI.B (Commercial, Area 3 – Permitted Uses) of PC-5 allows convenient services; however, there is no definition provided for this use classification. Therefore, the Zoning Code is utilized to classify the use. Under Section 20.70.020 (Definitions of Specialized Terms and Phrases), it is appropriate to classify the project as a Large Health and Fitness Club, as it is a fitness center that is over 2,000 square feet and provides aerobic- type classes and other indoor sports activities. The Project, which is considered a commercial use, is consistent with the Commercial land use designation of PC-5 and is a relocation of an existing pilates studio in the same shopping center (Suite A-3) into a larger tenant space (Suites A-5 and A-6). 3. Pursuant to Section VI.H (Commercial, Area 3 - Parking) of the PC-5 Text, commercial uses require a parking ratio of one parking space per 250 square feet of gross floor area and one loading space for each 10,000 square feet of gross floor area. Other commercial uses, which in the opinion of the Director are compatible, are parked in accordance with NBMC Section 20.40.030 (Requirements for Off-Street Parking). Zoning Administrator Resolution No. ZA2023-055 Page 3 of 9 Large Health and Fitness Facilities are parked at a rate of one parking space for each 200 square feet of gross floor area. 4. Twelve parking spaces are required for the Project with a required parking rate of one parking space per 200 square feet of gross floor area, as required by the Zoning Code. The Project requires an additional two parking spaces compared to the 10-space requirement for general commercial uses (one space per 250 square feet). Including the Project, a total of 257 parking spaces are required to accommodate all uses within the Property. The on-site surface parking lot contains 270 parking spaces, which results in a surplus of 13 spaces. Therefore, the increased parking requirement of two additional spaces can be accommodated on-site. 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 will occupy two existing 1,200-square-foot tenant spaces, totaling 2,400- square-feet, within the Newport North Shopping Center. The space will be improved with a pilates instruction area, reception and retail area, restrooms, and storage lockers for patrons. 2. The Project is located within a commercial area of the North Ford Planned Community Zoning District. Nearby uses include residential, personal services, retail sales, eating and drinking establishments, and a service station. The operational characteristics of the Project are that of a typical pilates studio with retail sales, and are compatible with the residential and commercial uses in the vicinity. 3. As conditioned, the allowed hours of operation are between 6:00 a.m. and 7:00 p.m., Monday through Friday and between 7:00 a.m. to 11a.m., Saturday and Sunday. The proposed hours of operation limit operational conflicts during the evenings and weekends with nearby surrounding uses in the shopping center. 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 Newport North Shopping Center is 4.84 acres in size, comprising two in-line multi-tenant buildings, two pad buildings, and a service station totaling approximately 47,800 square feet. Additionally, the Property features a 270-space surface parking lot. The existing buildings and parking lot have functioned satisfactorily with the current configuration, which allows vehicular access from Bison Avenue and Camelback Street. Zoning Administrator Resolution No. ZA2023-055 Page 4 of 9 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the Property and the Project will not negatively affect emergency access, as it involves the conversion of two vacant commercial suites into a pilates studio. 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 Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. 2. The Project will serve the surrounding neighborhood, as it provides an additional health and fitness club option for residents and visitors. 3. The Project will not create additional noise impacts as the Project site is entirely enclosed and soundproofed. There are no unusual services that have the potential to adversely impact the surrounding environment. 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 (CEQA) pursuant to Section 15303 under Class 1 (Existing Facilities) 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. PA2023-0003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. 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 Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2023-055 Page 5 of 9 PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF AUGUST, 2023. Zoning Administrator Resolution No. ZA2023-055 Page 6 of 9 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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. This approval shall expire and become void unless exercised within twenty-four (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. 3. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this Use Permit. 5. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, may require an amendment to this minor use permit or the processing of a new use permit. 6. The hours of operation shall be limited to between 6:00 a.m. and 7:00 p.m., Monday through Friday and 7:00 a.m. to 11:00 a.m., Saturday and Sunday. 7. The use shall be limited to a maximum of one instructor and twelve students. 8. All instruction shall take place within the interior of the tenant space. 9. A total of twelve parking spaces shall be provided for the proposed health and fitness club. 10. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this health and fitness club that would attract large crowds, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 11. The Applicant is required to obtain all applicable permits from the City Building Division and Fire Department. Prior to the issuance of any building, mechanical, and/or electrical permits, architectural drawings and structural design plans shall be submitted to the City of Newport Beach for review and approval by the applicable departments. A copy of Zoning Administrator Resolution No. ZA2023-055 Page 7 of 9 these conditions of approval shall be incorporated into the drawings approved for the issuance of permits. 12. The project and all tenant improvements must comply with the most recent, City-adopted version of the California Building Code. 13. 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 is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 14. The reciprocal arrangement for ingress, egress and parking that applies to the subject property shall remain in effect for the duration of this health and fitness club. 15. All signs shall conform to the provisions of the North Ford Planned Community District regulations and Chapter 20.42 (Signs) of the Newport Beach Municipal Code, where applicable. 16. 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 periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 17. No outside paging system shall be utilized in conjunction with this establishment. 18. All trash shall be stored within the building or within dumpsters stored in the 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. Zoning Administrator Resolution No. ZA2023-055 Page 8 of 9 19. 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. 20. The exterior of the business shall be always 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. 21. 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). 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 23. 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. 24. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 25. 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. Building Division 26. The applicant is required to obtain all applicable permits from the City’s Building Division 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. Approval from the Orange County Health Department is required before the issuance of a building permit. 27. 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 Pilates Plus OC Minor Use Permit including, but not limited to, PA2023-0003. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other Zoning Administrator Resolution No. ZA2023-055 Page 9 of 9 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.