HomeMy WebLinkAbout04 - Orange Theory Fitness Use Permit_PA2012-130fiEWPOo COMMUNITY DEVELOPMENT DEPARTMENT
04 ��
PLANNING DIVISION
U$ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644 -3229
CgCIFURN�P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 14, 2012
Agenda Item 4
SUBJECT: Orange Theory Fitness Minor Use Permit - (PA2012 -130)
1040 Irvine Avenue
Minor Use Permit No. UP2012 -022
APPLICANT: Tom Lennon representing the property owner, OTF NB, LLC
dba Orange Theory Fitness
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: CN (Commercial Neighborhood)
• General Plan: CN (Neighborhood Commercial)
PROJECT SUMMARY
A minor use permit to allow a 2,915- square -foot health and fitness facility, Orange
Theory Fitness, in a currently vacant tenant space within the Westcliff Plaza Shopping
Center. The facility would have a maximum of 24 students and four instructors.
Required parking is provided within the shopping center at a rate of one parking space
per 200 square feet of gross floor area. The facility utilizes a mix of treadmills, rowing
machines, benches, free weights, and suspension unit training within the tenant space.
Both private and group fitness sessions will be available to patrons of the facility and the
proposed hours of operation are from 5:00 a.m. to 9:00 p.m., Monday through Friday,
and from 6:00 a.m. to 5:00 p.m., Saturday and Sunday. Refer to the attached business
description provided by the project applicant (Attachment No. ZA 3).
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2012 -022 (Attachment No. ZA 1).
1
Orange Theory Fitness Minor Use Permit
November 14, 2012
Page 2
DISCUSSION
• The Westcliff Plaza Shopping Center is developed with commercial /retail at the
corner of Irvine Avenue and Westcliff Drive. Commercial /retail uses are located to
the south and west of the subject property and properties to the north and east
across Rutland Drive are developed with multi - family residential uses.
• Orange Theory Fitness will occupy a 2,915 - gross- square -foot tenant space along
the eastern edge of the Westcliff Plaza Shopping Center. Access to the shopping
center is obtained through driveways along Irvine Avenue and Westcliff Drive. The
Westcliff Plaza Shopping Center is developed with six primary buildings facing Irvine
Avenue and Westcliff Drive and there are currently 21 tenant spaces within the
shopping center.
• The General Plan designates the sites CN (Neighborhood Commercial). The CN land
use category is intended to provide for a range of retail and service uses developed
in one or more distinct centers oriented to primarily serve the needs of and maintain
compatibility with residential uses in the immediate area. The proposed health and
fitness facility is a retail /service use consistent with this land use category.
• The subject property is located in the CN (Commercial Neighborhood) Zoning
District. A health and fitness facility is a conditionally permitted use when the gross
floor area exceeds 2,000 square feet of gross floor area within this zoning district.
• The project is compatible with existing and allowed uses within the shopping center,
which include restaurants, a massage establishment, pilates studio, and retail uses
including a grocery store.
• Fifteen parking spaces are required for the proposed use at the parking rate of one
parking space per 200 square feet of gross floor area as identified in the Zoning
Code. The proposed health and fitness facility creates an additional parking
requirement of three parking spaces compared to the parking standard for general
commercial uses (2,920 square feet/250 = 12 spaces). A surface parking lot
containing 553 parking spaces is provided for Westcliff Plaza Shopping Center and a
total of 522 parking spaces are required to accommodate existing uses and the
proposed health and fitness facility. Therefore, the parking requirement of three
additional spaces can be accommodated on -site. Refer to the attached Westcliff
Plaza Parking Summary (Attachment No. ZA 4).
ENVIRONMENTAL REVIEW
The project qualifies for a Class 1 (Existing Facilities) categorical exemption, per
Section 15301 of the California Environmental Quality Act. This exemption allows for the
operation, repair, maintenance, and minor alteration of existing buildings. The proposed
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2
Orange Theory Fitness Minor Use Permit
November 14, 2012
Page 3
business is located within an existing building where only minor interior alterations are
required to accommodate the new use.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
APPEAL PERIOD
An appeal may be filed with the Director of Community Development within fourteen (14)
days following the date the action or decision was rendered unless a different period of
time is specified by the Municipal. For additional information on filing an appeal, contact
the Planning Division at 949 644 -3200.
Prepared by:
Ma ana ova
Assistant Planner
BW /mkn
Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
ZA 6
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Draft Resolution
Vicinity Map
Applicant's Project Description
Westcliff Plaza Parking Summary
Site Photos
Project Plans
4
Attachment No. ZA 1
Draft Resolution
5
0
RESOLUTION NO. ZA2012 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012 -022 FOR A HEALTH AND FITNESS FACILITY
LOCATED AT 1040 IRVINE AVENUE (PA2012 -130)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Orange Theory Fitness, with respect to property located at
1040 Irvine Avenue, and legally described as Lot 11 of Tract 4824, requesting approval
of a minor use permit.
2. A minor use permit to allow a 2,915- square -foot health and fitness facility, Orange
Theory Fitness, in a currently vacant tenant space within the Westcliff Plaza Shopping
Center. The facility would have a maximum of 24 students and four instructors.
Required parking is provided within the shopping center at a rate of one parking space
per 200 square feet of gross floor area. The facility utilizes a mix of treadmills, rowing
machines, benches, free weights, and suspension unit training within the tenant space.
Both private and group fitness sessions will be available to patrons of the facility and
the proposed hours of operation are from 5:00 a.m. to 9:00 p.m., Monday through
Friday, and from 6:00 a.m. to 5:00 p.m., Saturday and Sunday.
3. The subject property is located within the CN (Commercial Neighborhood) Zoning District
and the General Plan Land Use Element category is CN (Neighborhood Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 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. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. This exemption allows for the operation, repair, maintenance and minor alteration of
existing buildings. The proposed business is located within an existing building where
only minor interior alterations are required to accommodate the new use.
W
Zoning Administrator Resolution No. ZA2012 -0 ##
Page 2 of 6
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F(Findings and Decision) 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 CN (Neighborhood Commercial).
The CN designation is intended to provide for a range of retail and service uses
developed in one or more distinct centers oriented to serve the needs of and maintain
compatibility with residential uses in the immediate area. The Neighborhood
Commercial (CN) designation of the General Plan allows health and fitness facilities.
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 CN (Commercial Neighborhood) Zoning District. The CN
zoning district is intended to provide for areas appropriate for a range of retail and
service uses developed in one or more distinct centers oriented to serve primarily the
needs of and maintain compatibility with residential uses in the immediate area. The
proposed health and fitness facility is consistent with land uses permitted by the CN
Zoning District.
2. The proposed use will comply with all applicable development and parking standards.
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. Retail uses such as health and fitness facilities are common in the vicinity along
Westcliff Drive and serve visitors and residents. The establishment is compatible with
the land uses permitted within the surrounding neighborhood.
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Zoning Administrator Resolution No. ZA2012 -0 ##
Page 3 of 6
2. The proposed use is located within the Westcliff Plaza Shopping Center. A Hallmark
card store operated in this location between 1985 and 2010 and the tenant space has
since been vacant.
3. The Westcliff Plaza Shopping Center abuts residential land uses to the North;
however, the project site is located along the eastern edge of the shopping center and
is separated from these and other uses by parking lots, roadways and other
commercial uses.
4. The surrounding commercial uses along Irvine Avenue and Westcliff Drive contain
various retail and visitor commercial uses. The proposed health and fitness facility is
compatible with the existing and permitted uses in the vicinity
5. The project has been reviewed for compliance with the parking requirements and
landscaping standards as provided in Section 20.40.070 (Development Standards for
Parking Areas).
6. The hours of operation for the health and fitness facility will be from 5:00 a.m. to 9:00
a.m., Monday through Friday, and from 6:00 a.m. to 5:00 p.m., Saturday and Sunday.
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 and code required parking are provided within the Westcliff Plaza
Shopping Center to accommodate the existing and proposed uses. The shopping
center is currently developed with 107,895 square feet total gross floor area and 553
parking spaces are currently provided on site. The number of total parking required for
the shopping center, based on the general commercial rate of one parking space per
250 square feet, is 446 parking spaces (107,895/250 = 432 spaces). Several of the
existing uses on the property have additional parking requirements. The requirement
for the shopping center, including the proposed use (15 spaces) is 522 parking spaces
where 553 spaces are provided.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided.
3. 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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Zoning Administrator Resolution No. ZA2012 -0 ##
Page 4 of 6
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 proposed use and hours of operation are compatible with existing uses within the
Westcliff Plaza Shopping Center.
3. A health and fitness facility is a common retail use that can be expected within
retail /commercial shopping centers such as the Westcliff Plaza Shopping Center.
4. The proposed health and fitness facility will serve the surrounding residential
community. This will revitalize the project site and provide an economic opportunity for
the property owner to update the retail tenants and services, which best serve the
quality of life for the surrounding residential community.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2012 -022 (PA2012 -130), 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 Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF NOVEMBER, 2012.
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2012 -0 ##
Page 5 of 6
WA 0011Q III &LY1
CONDITIONS OF APPROVAL
PLANNING
1. Minor Use Permit No. UP2012 -022 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, or
an extension is otherwise granted.
2. The Zoning Administrator may add to or modify conditions of approval to this Minor Use
Permit or revoke this Minor Use Permit upon a determination that the operation, which is the
subject of this Minor 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 dated October 12, 2012.
4. 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.
5. 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.
6. The project and all tenant improvements must comply with the most recent, City- adopted
version of the California Building Code.
7. 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.
8. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this health and fitness facility 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.
9. All signs on the subject property shall be in conformance with the conditions of approval
for the Comprehensive Sign Program as approved per Modification Permit No. MD2001-
008 (PA2001 -010), Modification Permit No. MD2011 -006 (PA2011 -050), and the
provisions of Chapter 20.67 of the Newport Beach Municipal Code.
10.The use shall be limited to a maximum of four instructors and 24 students at any time
during the business hours 5:00 a.m. to 10:00 p.m., daily.
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Zoning Administrator Resolution No. ZA2012 -0 ##
Page 6 of 6
11.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.
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 Orange Theory Fitness Minor Use Permit including, but not limited to, Minor
Use Permit No. UP2012 -022 (PA2012 -130). 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.
Building Division Conditions
13. 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 prior to the issuance of a building permit.
Public Works Conditions
14. County Sanitation District fees shall be paid prior to the issuance of any building permits.
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Attachment No. ZA 2
Vicinity Map
13
14
VICINITY MAP
(PA2012 -130)
i BE Ili R71'iTT."M it Z
15
10
Attachment No. ZA 3
Applicant's Project Description
17
12
Planning Permit Application for OTF NB, LLC
Project Description and Justification: This application is for the purposes of building out a fitness
studio, based on a successful and rapidly growing franchise model called Orangetheory Fitness
(www.orangetheoryfitness.com). Orangetheory Fitness (OTF) is a group studio fitness concept offering
results- oriented interval -based cardio and strength training classes, backed by the science of real -time
target zone heart -rate monitoring, that appeal to customers at different ability levels
The intense 60- minute classes are supervised by certified trainers and are offered at approximately eight
different pre - scheduled times per day, generally in the morning and late afternoon /evening. Hours of
operation will be approximately from 5:00am to 9:00pm, Monday — Friday and 6:00am to 5:00pm on
Saturday and Sunday.
Class sizes are limited to 24 participants; therefore, the maximum number of customers that will be in
attendance at the studio at any given time is 24. Generally, the facility will have 2 -4 employees actively
on staff during working hours. The maximum number of employees that will be working in the facility at
any given time is 4.
All fitness training services will be provided within the interior fitness studio with closed doors. There
will not be any services provided in the exterior of the premises. Special noise attention measures have
been implemented to ensure that there will be no noise projected to the exterior of the premises.
By promoting health and wellness through offering a desirable fitness option in a cutting edge facility
that caters to the local demographic population, we believe that this facility will be an excellent addition
to both the Westcliff Plaza shopping center as well as the surrounding community.
19
Planning Permit Application for OTF NB, LLC
Findings:
1. The OTF use described above is consistent with the City of Newport Beach General Plan and any
neighborhood Specific Plan for Westcliff Plaza Retail Center.
2. A fitness center use is allowed within the CN zoning district, but subject to a Minor Use Permit
due to the floor area being over 2,000 square feet. All other aspects of the proposed use will
comply with other provisions of the Zoning Code and Municipal Code.
3. The "storefront' quality of the fitness center design is compatible with other retail and service
oriented businesses within Westcliff Plaza. The size of the facility at 2,632 square feet is similar
to other spaces within the center and as noted above, the operational characteristics will be
"self- contained" within the lease space and compatible /complementary to other businesses
located within the center and other nearby retail centers.
4. Westcliff Plaza is a well - established neighborhood retail center accommodating a variety of
retail and service uses. The center is bounded by two main streets, Irvine Avenue and
Seventeenth Street, providing multiple points of access for customer use as well as emergency
vehicle /public services access. The use of the facility will not hinder, nor restrict any public
services currently being provided to tenants and customers of the center.
5. The opening and operation of OTF at Westcliff Plaza will not be detrimental to the harmonious
and orderly growth of Newport Beach. The use will not adversely affect, norjeopardize the
health and welfare of the general public residing or working in the neighborhood of the
proposed center.
20
Attachment No. ZA 4
Westcliff Plaza Parking Summary
21
22
Westcliff Plaza
Parking Study
10/17/2012
Westcliff Parking
SUITE TENANT USE SF RATIO USE PERMIT REQUIRED ROUNDED
1016 Bank of America
bank
7,200
0.004
28.80
29
1020 CVS #8881
retail pharmacy
23,594
0.004
94.38
95
1024 Crown Hardware
hardware
10,270
0.004
41.08
42
1036 Proposed Retail
Retail
1,660
0.004
6.64
7
1040 Proposed Orangetheory
Personal Imprvmt Svc (Proposed)
2,920
0.005
UP2012 -022
14.60
15
1044 Kriser's
Retail
2,750
0.004
11.00
11
1048 Newport Beach Business Center
postal services
2,028
0.004
8.11
9
1052 Massage Envy
personal svc /massage estblshmnt
2,503
0.004
UP2010 -023
10.01
11
1058 Core Reform Pilates
personal imprvmt svcs
1,300
UP2010 -012
UP2010 -012
9.00
9
1062 Drapers & Damons
Retail
3,737
0.004
14.95
15
1080 Ulta
beauty supply
11,235
0.004
44.94
45
1104 The Counter
full service
1,078
0.025
UP2007 -042
26.95
27
1104P The Counter patio
patio
120
0.025
OD2010 -002
3.00
3
1112 Pick -Up Stix #7121
take -out
1,400
UP3464
6.00
6
1116 Champagne
retail
975
0.004
3.90
4
1120 Chronic Tacos
small scale
1,300
UP 3171
6.00
6
1124 Z Pizza
take out limited or retail
780
0.004
UP2006 -022
3.12
4
1126A Pan D'or
food use (proposed)
1,940
0.025
UP2011 -031
20.10
21
1128A Coffee Bean
small scale
1,200
0.004
M03981
5.00
5
1130 Anthony's Shoe
personal services
975
0.004
3.90
4
1132 Newport Nails
personal services
1,035
0.013
12.94
13
1150 Ralphs #Fresh Fair #745
food & beverage
27,900
0.005
139.50
140
ATM1
0.00
1
total
Required Parking Stalls 522
Existing Parking Stalls 553
(Does not include Pad 1000 - Chase Bank)
Surplus Parking Stalls 31
printed 10/17/2012
24
Attachment No. ZA 5
Site Photos
25
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Attachment No. ZA 6
Project Plans
29
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FINISH FLOOR LINE
---- - - - - -- PROPERTY LINE
------ - - - - -- LINE OF SOFFIT OR
ELEMENT ABOVE
CENTER LINE
OAREVISION
00o ROOM NUMBER
Al ELEVATION
A -403
SHEET NUMBER
_ J SECTION NUMBER
Al _
" -301 SHEET NUMBER
Al ELEVATION
A 201 REFERENCE DWG. NO.
Al DETAIL NUMBER
" -so1 SHEET NUMBER
A COLUMN GRID MARK
01 DOOR SCHEDULE NUMBER
O WINDOW SCHEDULE NUMBER
�— PARTITION TYPE SEE FLOOR
PLAN FOR WALL TYPES
FF FINISH MATERIAL FINISH DESIGNATION SEE
1 FINISH NUMBER FINISH SCHEDULE
SYMBOL LIST
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E Carllle
TENANT IMPROVEMENTS Coatsworth
Architects, Inc.
2495 Campus Drive
Second Floor
Irvine, California 9
Phone: 949.833.1930
Fax: 949.833.1140 Orange T h e 0 r Fitness
www.ccarchitects . eam
SPACE 1040
1040 IRVINE AVENUE, NEWPORT BEACH, CA, 92660
I . FIRE SPRINKLER PLANS MUST BE REVIEWED AND APPROVED BY THE CITY OF NEWPORT BEACH FIRE
DEPARTMENT PRIOR TO THE SYSTEM MODIFICATIONS.
2. ANY MODIFICATIONS TO THE AUTOMATIC FIRE SPRINKLER SYSTEM SHALL COMPLY WITH THE CDC
STANDARD NO. 35-1. SEPARATE PERMIT 15 REQUIRED.
3. INTERIOR WALL5 AND CEILING FINISH FLAME SPREAD RATING SHALL CONFORM TO THE
REQUIREMENTS OF LOCAL CODES, ORDINANCES, RULES AND REGULATIONS.
4. ALL EXITS SHALL BE OPENABLE FROM THE INSIDE WITHOUT THE USE OF A KEY OR ANY SPECIAL
KNOWLEDGE OR EFFORT. (20 10 CDC 1008. 1.9) AND SHALL COMPLY WITH ALL LOCAL CODES,
ORDINANCES, RULES AND REGULATIONS.
5. ALL DOORS SHALL HAVE A MINIMUM GO" LEVEL LANDING ON THE SWING SIDE OF THE DOOR AND
44' MINIMUM ON THE OPPOSITE 51DE (20 10 CDC 1133B.2.4.2) OR GREATER IF REQUIRED BY
CODE.
G. ALL DOOR HARDWARE SHALL BE LEVER TYPE OR PANIC BAR HARDWARE. (20 10 CBC
1 133B.2.5.2)
7. DOOR THRESHOLDS SHALL BE A MAXIMUM HEIGHT OF 112". (20 10 CDC 1008. 1 .G)
8. CONTRACTOR SHALL VERIFY THAT A MINIMUM OF 5 CFM OUTSIDE AIR AND TOTAL CIRCULATED AIR
OF NOT LE55 THAN 15 CFM PER OCCUPANT CAN BE PROVIDED.
9. DUCTS SHALL BE CONSTRUCTED, INSTALLED AND INSULATED ACCORDING TO
THE APPLICABLE MECHANICAL CODE.
10. EXIT ILLUMINATION SHALL BE MAINTAINED AS PER 2010 CBC SECTION 100G.
1 1. ALL DEMOLITION WORK NECESSARY IN THI5 PORTION OF THE BUILDING SHALL COMPLY WITH CFC
ARTICLE 87.
12. SPRINKLER DRAWINGS TO BE SUBMITTED AND PERMIT ISSUED WITHIN TWO WEEKS FROM BUILDING
PERMIT ISSUANCE.
13. ARCHITECT OR DESIGNER TO COORDINATE SPRINKLER DRAWINGS WITH ARCHITECTURAL DRAWINGS
AND CERTIFY SPRINKLER DRAWINGS.
14. FUTURE USE OF SPACE MAY REQUIRE SEPARATE REVIEW AND PERMIT.
15. FIRE ALARM DRAWINGS TO BE SUBMITTED AND PERMIT ISSUED WITHIN TWO WEEKS FROM BUILDING
PERMIT ISSUANCE.
I G. ARCHITECT OR DESIGNER TO COORDINATE ALARM DRAWINGS WITH ARCHITECTURAL DRAWINGS
AND CERTIFY ALARM DRAWINGS.
BUILDING DEPARTMENT NOTES
FIRE, LIFE * SAFETY SYSTEMS:
INTERFACE SECURITY SYSTEMS
(562) 353 -4440
2010 CALIFORNIA MECHANICAL CODE
M5. EMMA DO
2010 CALIFORNIA PLUMBING CODE
FIRE PROTECTION SYSTEMS:
DC FIRE PROTECTION
(7 14) 373-1800
2010 CALIFORNIA FIRE CODE
MR. DANIEL CORPUZ
(7 14) 309 -6661
ENERGY
PACIFIC FIRE 5UPFFE55ION
(7 14) 502-021 1
AND 2010 CALIFORNIA ENERGY CODE.
MR. COLIN JONES
ROOFING INSPECTIONS:
INDEPENDENT ROOFING CONSULTANTS
(949) 476 -8626
A- I I I
MR. JEFF STAR
(949) 48G -0726
ROOFING:
MESA ROOFING
(7 14) 632 -6929
A -501
MR. RICHARD TOWN5END
EXT. 14
A -502
SAN MARINO ROOFING
(7 14) 974 -3070
A -60 I
M5. MARTHA RICHTER
TENANT NAME / ADDRESS:
5HOWCARD SIGN COMPANY
(7 14) 634 -4993
PER NEWPORT BEACH FIRE DEPT.
MS. SUE HAYES
CRANE:
CRANE RENTAL SERVICES
(800) 697 -6980
MR. JIM SIA,GLE
(714) 412-4030
HELICOPTER LIFTS:
AIR LIFT CONSTRUCTION SERVICES
(800) 210-7800
MR. NELSON McKAY
(562) 997 -0224
ASPHALT PAVING / PATCHING:
JB 1305TICK
(800) 24G -7283
MR. STEVE CA5HDOLLAR
(7 1 4 ) 238 -2 1 2 1
BARRICADES:
THE IRVINE COMPANY RETAIL PROPERTIES
(949) 720 -5850
MS. ERINN LAMBERT
REFUSE DISPOSAL:
WASTE MANAGEMENT
(714) 480 -2350
I . IT 15 THE RESPONSIBILITY OF THE CONTRACTOR TO BECOME FAMILIAR WITH ALL LANDLORD
REQUIREMENTS, CRITERIA AND RESTRICTIONS. ALL WORK PERFORMED AS A PART OF THIS
PROJECT MUST BE CAREFULLY COORDINATED WITH THE LANDLORD AND BE IN FULL COMPLIANCE
WITH ALL LANDLORD RESTRICTIONS.
2. WORK SHALL BE SUBJECT TO THE INSPECTION OF THE LANDLORD. ANY WORK NOT FOUND IN
COMPLIANCE WITH GOOD CONSTRUCTION STANDARDS SHALL BE CORRECTED WITHOUT
ADDITIONAL C05T TO THE LANDLORD.
3. ALL CONTRACTORS SHALL COMPLY WITH THE RULES AND REGULATIONS OF THE BUILDING AS TO
HOURS OF OPERATION FOR THE PURPOSES OF DELIVERY AND AL50 AS TO THE MANNER OF
HANDLING MATERIALS, EQUIPMENT AND DEBRIS, TO AVOID CONFLICT AND INTERFERENCE WITH
NORMAL BUILDING OPERATION.
4. PROVIDE BARRICADES WHERE NECESSARY TO PROTECT THE PUBLIC, TO PROVIDE SECURITY TO
THE STORE AND AND TO CONFINE ALL DUST AND ODOR TO THE CONSTRUCTION AREA. THIS
MUST BE CONSTRUCTED AS REQUIRED BY THE LANDLORD.
5, PERFORM ALL WORK IN A GOOD AND WORKMANLIKE MANNER AND PROSECUTE TO COMPLETION
WITH ALL DUE DILIGENCE. TIME IS OF THE ESSENCE WITH RESPECT TO THE WORK PERFORMED
UNDER THIS CONTRACT.
G. PERFORM ALL CUTTING AND PATCHING IN A NEAT, WORKMANLIKE MANNER, REPAIR TO MATCH
EXISTING, IN KIND FINISHES THAT ARE TO REMAIN AND ARE DISTURBED OR DAMAGED BY THE
CONTRACTOR DURIING THE COURSE OF THE WORK.
7. CONSTRUCTION SHALL BE LIMITED TO THE HOURS OF 7:00 AM -1 1:00 AM AND 1:00 PM - 7:OOPM.
GENERAL LANDLORD NOTES & CONTACTS
2
PROJECT DATA
PROJECT SCOPE:
THE GENERAL SCOPE OF WORK SHALL INCLUDE LABOR AND MATERIALS FOR
LANDLORD IMPROVEMENTS.
THIS WORK SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
I . NEW OFFICE AND STORAGE ROOM WITH CEILING, LIGHTING AND EXHAUST.
2. NEW ACCESSIBLE TOILET ROOMS WITH CEILING, LIGHTING AND EXHAUST.
ZONING DISTRICT:
APPLICABLE CODES/ CURRENT EDITIONS
CN
BUILDING
2010 CALIFORNIA BUILDING CODE
MECHANICAL
2010 CALIFORNIA MECHANICAL CODE
PLUMBING
2010 CALIFORNIA PLUMBING CODE
ELECTRICAL
2010 CALIFORNIA ELECTRICAL CODE
FIRE/LIFE SAFETY
2010 CALIFORNIA FIRE CODE
ACCESSIBILITY
STATE BUILDING CODE TITLE 24
ENERGY
2008 BUILDING ENERGY EFFICIENCY STANDARDS
AND 2010 CALIFORNIA ENERGY CODE.
BUILDING CLASSIFICATION
OCCUPANCY GROUP B
CONSTRUCTION TYPE V -B
SPRINKLERED NO
NUMBER OF STORIES 1
BUILDING AREA
SPACE 1040
OFFICE 847 S.F.
FITNESS 2,068 S.F.
TOTAL : 2,915 S.F.
TOTAL /AREA OF WORK: 2,632 S.F.
PROJECT SUMMARY
3
D
OWNER OF GYM
ORANGE THEORY FITNESS, LLC
ATTN: MR. MARC THOMAS
1 130 WEST BAY AVENUE
NEWPORT BEACH, CA 9266 I
PHONE: (949) 701-7702
OWNER /DEVELOPER
THE IRVINE COMPANY, RETAIL PROPERTIES
ATTN: MRS. ERINN LAMBERT
101 INNOVATION DRIVE
IRVINE, CA 92618
PHONE: (949) 720 -5850
FAX: (949) 720 -2303
ARCHITECT
CARLILE COATSWORTH ARCHITECTS, INC.
ATTN: MR, THOMAS P. LENNON (PROJECT ARCHITECT)
MS. MARY BETH McMAHON (PROJECT MANAGER)
2495 CAMPUS DRIVE, SECOND FLOOR
IRVINE, CA 9261 2
PHONE: (949) 833 -1930
FAX: (949) 833 -1 140
STRUCTURAL
KPFF CONSULTING ENGINEERS
ATTN: MR. ROB FECAROTTA
18400 VON KARMAN AVENUE
SUITE 600
IRVINE, CA 92612
PHONE: (949) 252 -1022
FAX: (949) 252 -8082
MECHANICAL / PLUMBING
LINWOOD ENGINEERING ASSOCIATES
ATTN: MR. ADAM FRANKLIN, P.E.
1 5 1 KALMUS DR
SUITE 8 -200
COSTA MESA, CA 92626
PHONE: (714) 424 -0001
FAX: (714) 424 -0004
ELECTRICAL
LINWOOD ENGINEERING ASSOCIATES
ATTN: MR. ADAM FORNI, P.E.
1 5 1 KALMUS DR
SUITE 8 -200
COSTA MESA, CA 92626
PHONE: (714) 424 -0001
FAX: (714) 424 -0004
PROJECT DEVELOPMENT TEAM
VICINITY MAP
0
ARCHITECTURAL
G -00I
G -002
G -003
TITLE SHEET
GENERAL NOTES
ACCESSIBILITY NOTES
G -004
ACCESSIBILITY DETAILS
G -005
ACCESSIBILITY DETAILS
A -101
SITE PLAN (FOR REFERENCE ONLY
AD -1 10
DEMOLITION FLOOR PLAN
A- 110
FLOOR PLAN
A- I I I
FINISH * FIXTURE PLAN
A -401
INTERIOR ELEVATIONS
A -501
DETAILS
A -502
DETAILS
A -60 I
DOOR* FINISH SCHEDULES NOTES
MECHANICAL
PLUMBING
ELECTRICAL
SHEETINDEX
PROJECT LOCATION
SPACE 1040
Rutland Road
�I I 020 11016
ion- o z oae ioaq 0 <0 03 1 024 5av -on Druc�5 Bank of
100 America
Irvine Avenue
KEY PLAN
5 6
1000
Shell Oil
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) rangetheory
TENANT IMPROVEMENT FOR
SPACE 1040
1040 IRVINE AVENUE
NEWPORT BEACH, CA, 92660
REVISIONS:
15 OCTOBER, 2012
ISSUED FOR PLAN CHECK/LANDLORD REVIEW
PROJECT: 12132
FILE: G -00 I .DWG
DATE: 10/15/12-
DRAWN BY: LWC
SCALE: AS NOTED
SHEET TITLE:
TITLE SHEET
G -001
UNIFORM DRAWING SYSTEM -U.S. NATIONAL CAD STANDARY SION 3.1
E
0
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WALL MOUNTED
ACCE551 BI LITY
51GNAGE, typical -
REFER TO DETAIL e
A3
G -005
DOOR MOUNTED
ACCE55I B I LITY
A E1 C 51GNAGE, typical -
0( REFER TO DETAIL e
D G -005
A3
El TOILET ROOM PLAN AND ELEVATIONS
SCALE: 1/4" = V -0"
•
� J�1
WALLTILE W/
BULLN05E, typical.
COVE BASE, typical.
WALL MOUNTED
ACCE551 BI LITY
SIGNAGE, typical -
REFER TO DETAIL e
A3
G -005
DOOR MOUNTED
ACCE551 BI LITY
51GNAGf, typical -
REFER TO DETAIL
A3
G -005
SHOWER ROOM PLAN AND
Al ELEVATION
L
SCALE: 1/4" = V -0" 1
PAINTED GYP. BD.
typical
0
R7
WALLTILE W/
5ULLN05E, typical.
COVE BASE, typical.
A
L,
u
�3
A2 REFLECTED CEILING PLAN
SCALE: 3/16" = 1' -0" 2
VTING BAR
QUIPMENT.
DETAIL
O
O
GENERAL NOTES:
I . REFERTO SHEET A -501 FOR typical SUSPENDED CEILING NOTES AND
DETAILS.
2. CEILING GRID TO BE CENTERED IN ROOM.
3. SPRINKLER HEADS AND DOWNLIGHT5 TO BE CENTERED IN BOTH
DIRECTIONS OF CEILING TILE UNLE55 NOTED OTHERWISE, typical.
4. REFER TO SHEETS G -003 AND G -005 FOR ACCE551BILITY
REQUIREMENTS.
5. ALL DIMENSIONS ARE TO FACE OF STUD, UNLE55 NOTED OTHERWISE.
G. EXISTING R -19 BATT INSULATION (PER MANUFACTURER'S
RECOMMENDATIONS) AT UNDERSIDE OF ROOF DECK TO COMPLY
WITH STATE TITLE 24 ENERGY CONSERVATION STANDARDS.
7. PROVIDE WATERPROOFING MEMBRANE AT TOILET AND SHOWER
ROOMS. REFER TO DETAILS ON SHEET A -502.
8. ALL WALL PARTITION TYPE 4O UNLE55 OTHERWISE NOTED.
E5 GENERAL NOTES
A4 FLOOR PLAN
SCALE: 3/16" = 1' -0"
D
A -401
OEXISTING 10051 G2 -54 AT I G" O.C. METAL STUDS TO BOTTOM OF
STRUCTURE WITH (1) LAYERS OF 5/8" GYP. BD. GC TO PROVIDE SOUND
INSULATION AND (2) LAYERS OF 5/8" GYP. BD. ON INTERIOR SIDE. REFER TO
DETAI LS C I /A -5o I, D I /A -50 I* E I /A -501 .
OEXISTING 2XG WOOD 5TUD5 TO BOTTOM OF STRUCTURE. GC TO PROVIDE
SOUND INSULATION, 7/8" FURRING CHANNEL, AND (2) LAYERS OF 5/8" GYP.
BD. ON INTERIOR SIDE. REFER TO DETAIL C2 /A -501 AND D2 /A -5o 1.
3 5/8" METAL STUDS PER SCHEDULE (AG /A -501) TO G" ABOVE ACOUSTIC
OCEILING TILE OR UNDERSIDE OF GYP. BD. CEILING WITH 5/8" MOISTURE
RESISTANT GYP. BD. ON TOILET OR SHOWER ROOMS. REFER TO DETAILS
D3 /A -501 (SIMILAR).
3 5/8" METAL STUDS PER SCHEDULE (AG /A -501) TO BOTTOM OF GYP. BD.
OCEILING WITH 5/8" MOISTURE RESISTANT GYP. BD. ON BOTH SIDES.
MOISTURE RESISTANT AT TOILET AND SHOWER ROOM5. REFER TO DETAILS
D3 /A -501 AND A5 /A -501 (SIMILAR).
G" METAL STUDS PER SCHEDULE (AG /A -501) TO BOTTOM OF GYP. BD.
5 CEILING WITH 5/8" MOISTURE RESISTANT GYP. BD. BOTH SIDES WITH R -13
BATT INSULATION. REFER TO DETAILS D3 /A -501 AND A5 /A -501 (SIMILAR).
O3 5/8" METAL STUDS PER SCHEDULE (AG /A -501) TO 12'-0" A.F.F. WITH 5/8"
GYP. BD ON BOTH SIDES. MOISTURE RESISTANT AT TOILET AND SHOWER
ROOMS. REFER TO DETAILS D3 /A -501 AND A5 /A -501 .
G" METAL STUDS PER SCHEDULE (AG /A -501) TO BOTTOM OF GYP, BD,
OCEILING WITH 5/8" MOISTURE RE515TANT GYP. BD. ON BOTH SIDES.
MOISTURE RESISTANT AT SHOWER ROOM. REFER TO DETAILS D3 /A -501 ,
AI /A -502 AND A2 /A -502.
E6 WALL TYPES
3' -G" LONG BY 1 1/2" O.D. STAINLESS STEEL GRAB BAR (B- G8OGX42 ")
SEE A2 /G -005.
3' -0" LONG BY 1 1/2" O.D. STAINLESS STEEL GRAB BAR (13- G80GX30 ").
SEE A2 /G -005.
SURFACE MOUNTED ENMOTION AUTOMATIC PAPER TOWEL DISPENSER
( #594G2)
❑D SURFACE MOUNTED TOILET - SEAT -COVER DISPENSER (13-22 1)
IflRECESSED TOLIET TISSUE DISPENSER FOR SINGLE ROLL (5- GG77).
❑F NOT USED.
TILT POLISHED MIRROR WITH STAINLESS STEEL FRAME/24 "X30"
(5-293 2436).
ESPRAY UNIT THAT CAN BE USED BOTH AS FIXED SHOWER HEAD AND
AS A HAND -HELD UNIT
FLEXIBLE SHOWER SPRAY H05E MIN. 5-0" LONG
E] FOLDING SHOWER SEAT
L- SHAPED GRAB BAR - MIN. STRUCTURAL STRENGTH TO SUPPORT
250 LB. POINT LOAD AND DOES NOT ROTATE WITHIN THE FITTINGS.
NOTES:
I . FLUSH ACTIVATOR SHALL BE MOUNTED ON THE WIDE 51DE OF THE TOILET
FIXTURE.
2. REFER TO DETAILS C2 * C3 /G -005 FOR FIXTURE MOUNTING HEIGHTS AND
CLEARANCES, typical.
3. REFER TO SHEET G -003 � G -005 FOR ADDITIONAL ACCE55I15LITY NOTES, typical.
4. REFER TO FINISH SCHEDULE ON SHEET A -001 .
5. STAINLESS STEEL TOILET ROOM ACCESSORIES AS MANUFACTURED BY 50BPICK
(B -XXX) WASHROOM EQUIPMENT COMPANY OR EQUAL, typical.
G. ALL FIXTURES AND ACCESSORIES TO BE RECLAIMED FROM SPACE 1036
DEMOLITION BY LANDLORD UNDER SEPARATE PERMIT.
C6 TOILET ROOM AND SHOWER NOTES
�I
E Carlile
Coatsworth
Architects, Inc.
2495 Campus Drive
Second Floor
Irvine, California 92612
Phone: 949.833.1930
Fax: 949.833.1140
www.ccarchitects.com
Crangetheory
TENANT IMPROVEMENT FOR
SPACE 1040
TRACK LIGHTING MOUNTED AT 10' -0" A.F.F 1040 IRVINE AVENUE
(RECLAIMED FROM SPACE 103E NEWPORT BEACH, CA, 92660
DEMOLITION BY LANDLORD UNDER
SEPARATE PERMIT)
OPENDANT LIGHT FIXTURE MOUNTED AT 10' -0" A.F.F.
A
O FLUORESCENT DOWNLIGHT FIXTURE REVISIONS:
e 15 OCTOBER, 2012
ISSUED FOR PLAN CHECK/LANDLORD REVIEW
6c ADJUSTABLE DOWLIGHT FIXTURE
FLUURE5CENT DOWNLIGHT FIXTURE
B
PENDANT LIGHT FIXTURE MOUNTED AT 10'-0` A.F.F.
(RECLAIMED FROM SPACE 1036 DEMOLITION BY
GD LANDLORD, UNDER SEPARATE PERMIT)
E
_ TACTILE EXIT SIGNAGE, REFER TO D3 /G -005
H
_ (E) ACCESSIBLE 51GNAGE, REFER TO A3 /G -005
\ GO" BLACK HAMPTON BAY INDUSTRIAL
/ INDOOR CEILING FAN (MODEL #2GG29)
J ATTACHED TO STRUCTURE AT 2' -0"
y A.F.F.
D 4' LONG SURFACE MOUNTED FLUORESCENT
LIGHT FIXTURE MOUNTED AT 10' -0" A.F.F.
2' X 4' RECESSED FLUORESCENT LIGHT FIXTURE
WITH PARABOLIC LENS.
PROJECT: 12132
FILE: A- I I O.DWG
5/8" PAINTED GYP. BOARD CEILING OVER CEILING
JOISTS PER J015T SCHEDULE (AG /A -501). JOINTS A DATE: 10/15/12
TO BE TAPED AND SANDED SMOOTH.
DRAWN BY: LWC
SCALE: A5 NOTED
NEW PARTITION - REFER TO WALL TYPES.
SHEET TITLE:
ExISTwGroREMAIN FLOOR PLAN, REFLECTED
CEILING PLAN, TOILET ROOM
I,
L
A6 LEGEND A -110
_J
UNIFORM DRAWING SYSTEM - U.S. NATIONAL CAD STANDAR� R�ION 3.1
E
U
X
A
0
0
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a
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1
1
2 3
A3 FINISH PLAN
SCALE: 3/16" = V -0"
2
3
;al
4 5
99'- I �/ I C" � n'
A4 FIXTURE PLAN
SCALE: 3/16" = 1' -0"
IH
5
0
F1 85" X 34" FREEMOTION REFLEX TREADMILL
❑2 88" X 22 1/4" WATERROWER M I HIGH R15E
❑3 ELLIPTICAL MACHINE
F4 BIKE MACHINE
5 AEROBIC DECK5
6 34" X 5G" TKO DUMBELL RACK
E7 AB DOLLY RACK
❑8 CARDIO GX 51-1ELF @ G' -G" A.P.F/ WALL MOUNTED AUDIO DOCKING STATION
❑9 MEDICINE BALL STORAGE
10 RECEPTION DE5K AND CABINET5
11 REFRIGERATOR
12 12 3/4" X I G 3/4" OA5I5 130TTLELE55 AQUABAR II WATER COOLER
13 14 1/8" X G2 114" IKEA BENCH (MODEL: BJUR5TA)
14 20" X 48" MERCHANDISE D15PLAY (COLOR: BLACK)
15 LOBBY 51GN MOUNTED AT 0-5" O.C. A.F.F.
16 55" FLAT SCREEN TV
17 UTILITY5INK, REFER TO PLUMBING DRAWING5 FOR ADDITIONAL INFORMATION
18 18" X 30 5TORAGE RACK5
19 20 112" X 57 112" OFFICE DE 5K
20 25 1/4" X 24 3/4" OFFICE CHAIR
21 21 114" X 41 3/4" FILE CABINET
A6 FIXTURE PLAN KEYNOTES
Con
I
tot aI
E Carllle
Coatsworth
Architects, Inc.
2495 Campus Drive
Second Floor
Irvine, California 92612
Phone: 949.833.1930
Fax: 949.833.1140
www.ccarchitects.com
Crangetheory
TENANT IMPROVEMENT FOR
SPACE 1040
1040 IRVINE AVENUE
NEWPORT BEACH, CA, 92660
REVISIONS:
15 OCT08ER, 2012
155UED FOR PLAN CHECK/LANDLORD REVIEW
B
PROJECT: 12132
FILE: A- I I I .DWG
A DATE: 10/15/12
DRAWN BY: LWC
SCALE: A5 NOTED
SHEET TITLE:
FINISH AND FIXTURE PLAN
A -111
SHEET - OF -
UNIFORM DRAWING SYSTEM - U.S. NATIONAL CAD STANDARRER�ION 3.1
ADDITIONAL
MATERIALS
RECEIVED
Item No. 4a: Additional Materials Received
11 -14 -12 Zoning Administrator Hearing
Orange Theory Fitness MUP
REVISED DRAFT RESOLUTION.2
RESOLUTION NO. ZA2012 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012 -022 FOR A HEALTH AND FITNESS FACILITY
LOCATED AT 1040 IRVINE AVENUE (PA2012 -130)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Orange Theory Fitness, with respect to property located at
1040 Irvine Avenue, and legally described as Lot 11 of Tract 4824, requesting approval
of a minor use permit.
2. A minor use permit to allow a 2,915- square -foot health and fitness facility, Orange
Theory Fitness, in a currently vacant tenant space within the Westcliff Plaza Shopping
Center. The facility would have a maximum of 24 students and four instructors.
Required parking is provided within the shopping center at a rate of one parking space
per 200 square feet of gross floor area. The facility utilizes a mix of treadmills, rowing
machines, benches, free weights, and suspension unit training within the tenant space.
Both private and group fitness sessions will be available to patrons of the facility and
the proposed hours of operation are from 5:00 a.m. to 9:00 p.m., Monday through
Friday, and from 6:00 a.m. to 5:00 p.m., Saturday and Sunday.
3. The subject property is located within the CN (Commercial Neighborhood) Zoning District
and the General Plan Land Use Element category is CN (Neighborhood Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 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. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. This exemption allows for the operation, repair, maintenance and minor alteration of
existing buildings. The proposed business is located within an existing building where
only minor interior alterations are required to accommodate the new use.
Zoning Administrator Resolution No. ZA2012 -0 ##
Page 2 of 7
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F(Findings and Decision) 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 CN (Neighborhood Commercial).
The CN designation is intended to provide for a range of retail and service uses
developed in one or more distinct centers oriented to serve the needs of and maintain
compatibility with residential uses in the immediate area. The Neighborhood
Commercial (CN) designation of the General Plan allows health and fitness facilities.
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 CN (Commercial Neighborhood) Zoning District. The CN
zoning district is intended to provide for areas appropriate for a range of retail and
service uses developed in one or more distinct centers oriented to serve primarily the
needs of and maintain compatibility with residential uses in the immediate area. The
proposed health and fitness facility is consistent with land uses permitted by the CN
Zoning District.
2. The proposed use will comply with all applicable development and parking standards.
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. Retail uses such as health and fitness facilities are common in the vicinity along
Westcliff Drive and serve visitors and residents. The establishment is compatible with
the land uses permitted within the surrounding neighborhood.
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2012 -0 ##
Page 3 of 7
2. The proposed use is located within the Westcliff Plaza Shopping Center. A Hallmark
card store operated in this location between 1985 and 2010 and the tenant space has
since been vacant.
3. The Westcliff Plaza Shopping Center abuts residential land uses to the NAFthnorth and
east; however, the project site is located along the eastern edge of the shopping
center and is separated from these and other uses by parking lots, roadways and
other commercial uses.
4. The surrounding commercial uses along Irvine Avenue and Westcliff Drive contain
various retail and visitor commercial uses. The proposed health and fitness facility is
compatible with the existing and permitted uses in the vicinity
5. The project has been reviewed for compliance with the parking requirements and
landscaping standards as provided in Section 20.40.070 (Development Standards for
Parking Areas).
6. The hours of operation for the health and fitness facility will be from 5:00 a.m. to 9:00
a.m., Monday through Friday, and from 6:00 a.m. to 5:00 p.m., Saturday and Sunday.
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 and code required parking are provided within the Westcliff Plaza
Shopping Center to accommodate the existing and proposed uses. The shopping
center is currently developed with 107,895 square feet total gross floor area and 553
parking spaces are currently provided on site. The number of total parking required for
the shopping center, based on the general commercial rate of one parking space per
250 square feet, is 446 parking spaces (107,895/250 = 432 spaces). Several of the
existing uses on the property have additional parking requirements. The requirement
for the shopping center, including the proposed use (15 spaces) is 522 parking spaces
where 553 spaces are provided.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided.
3. 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.
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2012 -0 ##
Page 4 of 7
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 proposed use and hours of operation are compatible with existing uses within the
Westcliff Plaza Shopping Center.
3. A health and fitness facility is a common retail use that can be expected within
retail /commercial shopping centers such as the Westcliff Plaza Shopping Center.
4. The proposed health and fitness facility will serve the surrounding residential
community. This will revitalize the project site and provide an economic opportunity for
the property owner to update the retail tenants and services, which best serve the
quality of life for the surrounding residential community.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2012 -022 (PA2012 -130), 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 Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF NOVEMBER, 2012.
Brenda Wisneski, AICP, Zoning Administrator
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2012 -0 ##
Page 5 of 7
WA 0011Q III &LY1
CONDITIONS OF APPROVAL
PLANNING
1. Minor Use Permit No. UP2012 -022 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, or
an extension is otherwise granted.
2. The Zoning Administrator may add to or modify conditions of approval to this Minor Use
Permit or revoke this Minor Use Permit upon a determination that the operation, which is the
subject of this Minor 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 dated October 12, 2012.
4. 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.
5. 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.
6. The project and all tenant improvements must comply with the most recent, City- adopted
version of the California Building Code.
7. 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.
8. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this health and fitness facility 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.
9. All signs on the subject property shall be in conformance with the conditions of approval
for the Comprehensive Sign Program as approved per Modification Permit No. MD2001-
008 (PA2001 -010), Modification Permit No. MD2011 -006 (PA2011 -050), and the
provisions of Chapter 20.67 of the Newport Beach Municipal Code.
10.The use shall be limited to a maximum of four instructors and 24 students at any time
during the business hours 5:00 a.m. to 10:00 p.m., daily.
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11.The doors and windows shall remain closed at all times that the facility is open for
business.
12.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 do not exceed the provisions of Chapter 10.26 of the Newport Beach
Municipal Code.
13. Prior to implementation of the proposed operation, the applicant shall install noise - abating
material to both the interior walls and ceiling of the tenant space which abuts any
neighboring tenant space that may be adversely impacted by daytime operations of the
facility. The proposed material shall be reviewed and approved by both the Planning and
Building Departments for installation requirements.
44-.14. 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.
4-2-.15. 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 Orange Theory Fitness Minor Use Permit including, but not limited to,
Minor Use Permit No. UP2012 -022 (PA2012 -130). 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.
Building Division Conditions
4-3-.16. 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 prior to the issuance of a building permit.
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Public Works Conditions
4-4 -17. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
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