HomeMy WebLinkAbout04 - Ra Yoga Minor User Permit - PA2015-045 wP COMMUNITY DEVELOPMENT DEPARTMENT
H y PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768,Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
�9LIFOR 'P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 16, 2015
Agenda Item No. 4:
SUBJECT: Ra Yoga MUP - (PA2015-045)
1617 Westcliff Drive, Suites 107, 109, and 111
Minor Use Permit No. UP2015-012
APPLICANT: Ra Yoga
OWNER: Burnham-Ward Properties
PLANNER: Makana Nova, Associate Planner
(949) 644-3249, mnova@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: Commercial General (CG)
• General Plan: Commercial General (CG)
PROJECT SUMMARY
The applicant requests a minor use permit to allow a 2,360-gross-square-foot health
and fitness facility, Ra Yoga, within an existing commercial building.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2015-012 (Attachment No. ZA 1).
DISCUSSION
• The yoga studio will be located within the Westcliff Plaza building at 1617
Westcliff Drive. The proposed yoga studio is in conformance with the applicable
goals and policies of the CG (General Commercial) land use designation of the
General Plan because the project provides a neighborhood-oriented service use
that is compatible with surrounding commercial, residential, and mixed-use land
uses in the area. Additionally, large health and fitness facilities including yoga
I
��
QP
��
��P
P�"
O�
��
��
\��
Ra Yoga MUP
Zoning Administrator, April 16, 2015
Page 2
studios are a permitted use in the CG (Commercial General) zoning district with
the approval of a minor use permit.
• The subject property abuts residential land uses to the north and south with
mixed-use zoning districts to the east; however, the proposed use is separated
from these existing residences to the north and south by on-site parking areas
and Westcliff Drive and Sherrington Place, respectively. Additionally, there are
currently no residences developed on the adjacent mixed-use properties. The
entrance to the yoga studio will face the on-site parking area to the south of the
building. The yoga studio has been conditioned to regulate exterior noise levels
to limit the impact on neighboring land uses.
• Ra Yoga offers yoga, pilates, vinyasa, hot yoga, prenatal yoga, yin yoga, and
meditation. Classes will be held between the hours of 5:00 a.m. and 9:30 p.m.,
daily. In order to regulate parking demand within the parking area, staff
recommends class sizes be limited to 30 instructors and students at any one time
between the two studio spaces.
• The building was previously occupied by two health and fitness facilities prior to
the renovation of the building. Together, these uses occupied 1,754 square feet
of gross floor area. As proposed, the existing building will be renovated and Ra
Yoga will consolidate both of these tenant spaces and include a total of 2,360
gross square feet. The suite will be improved with two yoga studios, a
reception/retail area, and restrooms with storage lockers for patrons.
• The existing building will be renovated to allow for a new mix of uses where 128
parking spaces are available on-site. Sufficient parking is available on-site to
accommodate the proposed yoga studio at the 1/200-gross-square-foot parking
rate.
• Soundproofing and hush board will be installed at all four sides of the yoga
rooms to reduce noise impacts to other tenants within the building.
ENVIRONMENTAL REVIEW
The project qualifies for Class 1 (Existing Facilities) categorical exemption, Section
15301 of the California Environmental Quality Act. It is a minor change in use to an
existing building with minimal construction in the form of tenant improvements.
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
Tmplt:04-17-14
Ra Yoga MUP
Zoning Administrator, April 16, 2015
Page 3
10 days before the scheduled hearing, 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 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
Mak a N va
Associate Planner
GR/mkn
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
Tmplt:04-17-14
1
Attachment No. ZA 1
Draft Resolution
��
QP
��
��P
P�"
O�
��
��
\��
RESOLUTION NO. ZA2015-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-012 FOR A HEALTH AND FITNESS FACILITY
LOCATED AT 1617 WESTCLIFF DRIVE, SUITES 107, 109, AND
111 (PA2015-045)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Robert Kittleman of RA Yoga, with respect to property located
at 1617 Westcliff Drive, Suites 107, 109, and 111, and legally described as Parcel 1 of
Lot Line Adjustment No. 2002-031 as recorded in Document No. 2003000120678, also
described as Lot 7 of Tract No. 4225, in the City of Newport Beach, County of Orange,
State of California, as per map recorded in Book 153, Pages 23 and 24 of Miscellaneous
Maps in the Office of the Recorder of said county, except the northwesterly 80.00 feet
thereof; and that portion of Lot 8 of said Tract described as follows: a strip of land, 55.98
feet in width lying southeasterly of and contiguous to the southeasterly line of said Lot 7.
The applicant requests the approval of a minor use permit.
2. The applicant proposes a minor use permit to allow a 2,360-gross-square-foot health
and fitness facility, Ra Yoga, within an existing commercial building. The building was
previously occupied by two health and fitness facilities. As proposed, the existing building
will be renovated and Ra Yoga will consolidate both of these tenant spaces. The suite will
be improved with two yoga studios, a reception/retail area, and restrooms with storage
lockers for patrons.
3. The subject property is located within the CG (Commercial General) Zoning District and
the General Plan Land Use Element category is CG (General Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on April 16, 2015, in the Corona del Mar Conference Room
(Bay E-1 st Floor) at 100 Civic Center Drive, Newport Beach. 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 qualifies for Class 1 (Existing Facilities) categorical exemption, Section
15301 of the California Environmental Quality Act.
2. The proposed project is a minor change in use within an existing suite of an existing
building with minimal construction in the form of a tenant improvement.
Zoning Administrator Resolution No. ZA2015-0##
Page 2 of 6
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits,
Findings and Decision) of the Newport Beach Municipal Code, the following findings and
facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan
Facts in Support of Finding:
1. The subject property 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. The proposed yoga studio is in conformance with the applicable
goals and policies of the General Plan because the project provides a neighborhood-
oriented service use that is compatible with surrounding commercial, residential, and
mixed-use land uses in the area.
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.
inding:1. The subject property is within the CG (Commercial General) Zoning District, which is
intended to provide for areas appropriate for a range of neighborhood-serving retail
and service uses along street frontages that are located and designated to foster
pedestrian activity. The proposed yoga studio is a neighborhood-oriented service use
and is permitted within this zoning designation with the approval of a minor use permit.
2. Parking is provided in the on-site parking area for the building. The proposed health
and fitness club in the form of a yoga studio requires only two additional parking
spaces compared to a general retail use. The existing property contains sufficient
parking on-site that accommodates the additional parking required for the yoga studio.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
03-03-2015
g
Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 6
Facts in Support of Finding:
1. The existing suites where the yoga studio will be located is within a building that
contains various commercial retail and service uses. Soundproofing and hush board
will be installed at all four sides of the yoga rooms to reduce noise impacts to other
tenants within the building.
2. Yoga studios and similar health and fitness facilities are found throughout the City and
provide a service for interested residents.
3. The health and fitness facility will operate between the hours of 5:30 a.m. and 9:30
p.m., daily, which will provide flexibility to serve a wide variety of patrons beyond
typical work hours while still maintaining compatibility with the neighborhood.
4. In order to regulate parking demand within the parking area, class sizes will be limited
to 30 instructors and students at any one time between the two studio spaces.
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 health and fitness facility will be located in a 2,360-gross-square-foot suite in the
southeast corner of the existing building with access from Westcliff Drive and
Sherrington Place.
2. The on-site parking area and parking demand analysis was reviewed by the City
Traffic Engineer as part of the renovation of the building (Plan Check No. 2463-2014)
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 existing building as well as with the surrounding residential
03-03-2015 q
Zoning Administrator Resolution No. ZA2015-0##
Page 4 of 6
neighborhoods. The business must comply with noise levels as established by the
Municipal Code to mitigate impacts to the surrounding neighborhood.
2. The improvements to accommodate a health and fitness facility are minor in nature
and will not impact the overall operation of the building.
3. The use will not create any additional impacts outside of the existing building
operation. Soundproofing and hush board will be installed at all four sides of the yoga
rooms to reduce noise impacts to other tenants within the building.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-012 (PA2015-045), 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 14 days following the date this Resolution
was adopted 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.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2015.
Brenda Wisneski, AICP, Zoning Administrator
03-03-2015
10
Zoning Administrator Resolution No. ZA2015-0##
Page 5 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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. Minor Use Permit No. UP2015-012 (PA2015-045) shall expire unless exercised within 24
months from the date of approval as specified in Section 20.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
3. The use shall be limited to 30 instructors and students at any time during the operating
hours between 5:00 a.m. to 9:30 p.m., daily.
4. Soundproofing and hush board will be installed at all four sides of the yoga rooms to
reduce noise impacts to other tenants within the building.
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 not constitute a public nuisance.
8. Any addition to the 2,360-square-foot yoga studio may require additional parking and
an amendment to the use permit. 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. 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.
10. 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-
03-03-2015
ZZ
Zoning Administrator Resolution No. ZA2015-0##
Page 6 of 6
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
11. 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 Ra Yoga including, but not limited to, the UP2015-
012 (PA2015-045). 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
12. The parking layout shall comply with the City Traffic Engineer approved parking layout
for the shopping center.
03-03-2015
1
Attachment No. ZA 2
Vicinity Map
1s
��
QP
��
��P
P�"
O�
��
��
\��
WR
r
ORS;�;.: �w � `• �� 00 '` p, �
� •� .001 l� � ^1 �0 �`�' _
_� •b� ^ K. STC' �p gyp, \'`�°*"prL
�. Subject F '�
Property
x
^,
\ ° ^
S c;
150
" v
117
\Y
5
./
Newport
Beach Disclaimer: Every reasonable effort has been made to assure the
accuracy of the data provided,however,The City of
GIS Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
c'�`WPO�r any results obtained in its use.
0 100 200
Imagery: 2009-2013 photos provided by Eagle
U x Feet Imaging www.eagleaerial.com
3/30/2015
�15
��
QP
��
��P
P�"
O�
��
��
\��
Attachment No. ZA 3
Project Plans
1j
��
QP
��
��P
P�"
O�
��
��
\��
PA2015-045 Attachment No. ZA 3 - Project Plans
WESTCLIFF DR.
O J, PRR'ERi.JNE
RSpf,'Q2NED ((
I, I r fi I T ! 1 ! EI If
I ►�
D I..STING PARKING TO RE AIN W,LOT
MAMA,£5 PRTA 6,RAKL t� i
Ty ESM1R,ENTRY
f I I I[ IIIf I r=te PLOWERTF
�"
1t 3f [ fI ' ��•�PERh'Ue
t !f f I I 0 b : i �S.AiC1LR 1 r y '
NP '� S H EASpAEi1T
RETAIL 7 PLANTER
S PLANTER j
I V7t'R Op
ANTFR F1
sLt-xr.rtocA 0
PI.APUT32 ———— �2GAt1TE4 RESTAURANT 1t2 J {
RETAIL 2 .RETAIL
I �f 1
{ F f [
ACCESSIBLE RESTROOMS LOWY --
K--LINE f
r
e
�I
1s 3 I RETAIL 4E-- RET /11m RE 6 m RETAIL 7 Ufa
I PLANTER PLAM1"IER
t
f
+ EXISTING PARKING TO REMAIN
_......_.-'-...
ENCLOSURE
.44 4
SHERINCTON PLACE
PROJECT DATA
T HIS KUM IS.,
OCCUPANCY: 8&M
CONSTMICTION TYPE: VB
2—STORY h4ED1C-AL OFFICES E 1 STORY RETAIL BL;LDING
ALL MATEFIALS AND WOWMANSHIP SHALL CONFORM TO THE: �
2013 CAUFORNIA BUI OVIG CODS
2033 CALIF09MA MECHANICAL CODE a` -SPECTRUM
20333 CALIFORNIA PLUMBING CODE <.
208 CALIFORNIA ELECTRICYOGAC CODE SP ACE DESGN
2W CALiFOR111A FIRE CODE
2013 CALIFORNIA ENERGY CODE
1380 WESTCLIFF DRIVE 1 ,<<•
#107
SCOPE OF YYC 101 XiA&JM ELLS:#100
TENANT&ffIOVEMENT FOR RA YOGA=2.360 SF
NEW MENS x WOMBv"S LOCKER ROOM$.RETAIL AREA AND NEWPORT BEACH, CALIFORNIA a LAR.CA� �
2—CLACCROOMS,NEW UG'YTTINC-AND ADJUST EXISTING HVAC I i s 71a.:gs.atf35 FAX-22,10663
PA2015-045 for UP2015-012
1617 Westcliff Drive,#107o 19
RA Yoga
PA2015-045 Attachment No. ZA 3 - Project Plans
E c C 2S-7' VI.F.7
f 5—JnAle 18!-2n
1
{ t My
31 Sf 7 �
MEWS RM. �WOMEWS'RM. � ffE WOMEWS LOCM R4Yf C14
! 236 sr` I
IL
`` II —
9---1
HAIWAY
f&d s: MEWS LOCKER RM �
4°-110 214 sf STUDIO 1
637 sf
1
i HOE AREA
89 sf
NOT A PART RETA€i.
336 sf '
STUDIO 2
637 sf
f
SPECTRUM
RA YOGA
SPACE ACE D E S ! ; N
1 380 WESTCLIFF DRIVE #107
NEWPORT 9 3 3 l 942 S KR&DI-fl C B928LVD 4)
PLAt !"I1,4,CA 9287fl
7i4.49&4285 • FAM.223.4663
�0
Zoning Administrator—April 16, 2015
Item No. 4a: Additional Materials Presented At MeetirSning Administrator Resolution No. ZA2015-0##
RA Yoga Minor Use Permit (PA2015-045) Page 5 of 6
EXHIBIT"A"
CONDITIONS OF APPROVAL
PLANNING
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. Minor Use Permit No. UP2015-012 (PA2015-045) shall Wire-unless exercised within 24
months from the date of approval as specified in Sedii6n 2Q 54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, Mnless art_=extension is otherwise
granted.
3. The use shall be limited to 30 instructors and.students.at any time durrng th_eoperating
hours between 99:00 a.m. to 98:300 m:
_ _ p. Monday through Friday. _
4. Soundproofing and hush board will be installed at__ ll four sides of the yoga rooms to
reduce noise impacts to other tenants within the bia
4:5. All new restroom facilities shall meet California accessiM'I'ity requirements. The tenant
space shall provide accessible water closet;,=and show6%s to the satisfaction of the
Building Division. -
&f j. The project is subject fo all applicable MW ordinances, policies, and standards, unless
specifically waivd or modified by the conditions of approval.
6:77.. The applicantshall comply with all federal,state, and local laws. Material violation of
any of those laws m connection +lith the use may be cause for revocation of this Use
Permit. -
4
8 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 not constitute a public nuisance.
8:9. Any addition to the 2,360-square-foot yoga studio may require additional parking and
an amendment.to the use permit. 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.
9.10. 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.
03-03-2015
Zoning Administrator—April 16, 2015
Item No. 4a: Additional Materials Presented At MeetirSning Administrator Resolution No. ZA2015-0##
RA Yoga Minor Use Permit (PA2015-045) Page 6 of 6
4-9:11. 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.
44-;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, demandsligations, 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 Ra Yoga inclu ft buffnot`ii-ited to, the UP2015-
012 (PA2015-045). This indemnification shall include,`but not ke limited to, damages
awarded against the City, if any, costs of=q attorneys' fees, and _other expenses
incurred in connection with such claim, ,action, causes of action, suit or ,proceeding
whether incurred by applicant, City, and/off=the partres initiating or =tri ging such
proceeding. The applicant shall indemnify theft._for aC[of=::City's casts, attorneys' fees,
and damages which City incurs in enforcing the injOhification provisions set forth in this
condition. The applicant shall pay.=#o the City upon demand any amount owed to the City
pursuant to the indemnification re4gr6 ``
p cl"�a":ements prescribed=lr�tbis condition.
V al-
Public Works Conditions
g. _ .
4-2,13. The parking layout shall,comply with the City Traffic engineer approved parking layout
-- y
for the sho in center'
ME
eCiE.
=nS-
_-'-v.n _vwe Fin.—wv4
-
--y'L]A _34v:fi��ym32mx= :'viii _�"w
. - _.__n.::Fryo" ___wY31.:31i:c.^mevvgeroiv
..iti:�ic¢••"'Fs>a ic+'rc_. 'i��5=viea]'�. -_m•.m���ri+3i:--
,-.'..... :_ - .:a aev'i2F.:cx:uvaiv�es
.. ..r..........:....elm ._ -s
_-
'•;
r'
Nqt-vv
03-03-2015