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HomeMy WebLinkAbout01 - Phoenix Mulisport Studio - PA2015-091 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT y PLANNING DIVISION u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 c`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 10, 2015 Agenda Item No. 1 SUBJECT: Phoenix Multisport Studio MUP - (PA2015-091) 901 West 16th Street • Minor Use Permit No. UP2015-023 APPLICANT: Phoenix Multisport Studio OWNER: Howland Associates, LLC PLANNER: Benjamin M. Zdeba, AICP, Assistant Planner (949) 644-3253, bzdeba@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: IG (Industrial) • General Plan: IG (Industrial General) PROJECT SUMMARY A minor use permit to establish a large health and fitness facility (over 2,000 square feet) in a vacant tenant space in a multi-tenant light industrial building. Minor tenant improvements are proposed to the interior of the building. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. ZA2015-_ approving Minor Use Permit No. UP2015-023 (Attachment No. ZA 1). DISCUSSION • The subject property, located at the southwestern corner of the intersection of West 16th Street and Monrovia Avenue, is approximately 81,000 square feet in area (1.86 acres) and is improved with three multi-tenant light industrial buildings totaling approximately 32,000 square feet in area. Behind the buildings is a surface parking lot containing 80 parking spaces. 1 V� QP �P Phoenix Multisport Studio MUP Zoning Administrator, September 10, 2015 Page 2 • The property is designated Industrial General (IG) by the General Plan Land Use Element and is located within the Industrial (IG) Zoning District. The IG Zoning District is intended to provide for areas appropriate for a wide range of moderate to low intensity industrial uses (e.g., light manufacturing and research and development) and limited accessory commercial and office uses. • The proposed use is a health and fitness facility within an approximately 4,140- square-foot tenant space. Given that the gross floor area is in excess of 2,000 square feet, the use is defined as a large health and fitness facility. • Pursuant to Table 2-12 (Allowed Uses and Permit Requirements) of Zoning Code Section 20.24.020 (Industrial Zoning District Land Uses and Permit Requirements), a large health and fitness facility use is allowed subject to the approval of a minor use permit. • The proposed health and fitness facility use will be located within the existing multi-tenant light industrial center as an accessory commercial use and will not compromise the character of the area or the center as primarily industrial. • The facility will include a reception area, two private offices, a small conference room/area, required restrooms, and a larger open workout area to be used as a flex space for free weight training and various classes throughout the day. Conditions of approval have been placed on the project to ensure the number of classes and participants are limited. • The proposed use will operate between the hours of 8:00 a.m. and 9:00 p.m., daily. On average, three or four hour-long classes will be offered daily for a maximum of 15 participants with open weightlifting and exercise "studio" hours offered in between. As conditioned, staff is recommending limiting the total number of uniquely occurring classes per day to five (5) with a maximum participation of 20 people to allow flexibility. • The large health and fitness facility use requires a parking ratio of one parking space per 200 square feet of gross floor area. • Nearly 82 percent of the total gross floor area in the light industrial center is occupied by a light industrial use (e.g., manufacturing, distribution, repairs, and research and development). The parking requirements for uses of those types are generally one parking space per each 500 square feet of gross floor area or less pursuant to Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required). A parking analysis (Attachment No. ZA 4) demonstrated sufficient parking would exist with the proposed use should it be approved. TmpIt:04-17-14 Phoenix Multisport Studio MUP Zoning Administrator, September 10, 2015 Page 3 • The project will be required to obtain all applicable permits from the City's Building Division. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves the conversion of an existing light industrial space to a large health and fitness facility and involves minor alterations to the existing floor plan. 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 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: n' in eba, AICP istant I ner GRlbmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description ZA 4 Parking Analysis ZA 5 Project Plans TmpIt:04-17-14 J Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2015- A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-023 FOR A LARGE HEALTH AND FITNESS FACILITY LOCATED AT 901 WEST 16TH STREET (PA2015-091) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Phoenix Multisport Studio, with respect to property located at 901 West Wh Street, and legally described as the East 270 feet of Lot 1013 of the First Addition to Newport Mesa Tract, as per map recorded in Book 8, Page 61 of Miscellaneous Maps, Records of Orange County, C06fornia, requesting approval of a minor use permit. 2. The applicant proposes to establish a large health and fitness facility (over 2,000 square feet) in a vacant tenant space located in a multi-tenant light industrial building. 3. The subject property is located within the Industrial (IG) Zoning District and the General Plan Land Use Element category is Industrial General (IG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on September 10, 2015, in the Corona del Mar Conference Room (Bay E-1st 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. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves the conversion of an existing light industrial space to a large health and fitness facility and involves minor alterations to the existing floor plan. Zoning Administrator Resolution No. ZA2015- Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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 property is designated Industrial (IG) within the Land Use Element of the General Plan which is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses. The proposed health and fitness facility use will be located within an existing multi-tenant light industrial center as an ancillary commercial use and will not compromise the character of the area as industrial. 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 located within the Industrial (IG) Zoning District which is intended to provide for areas appropriate for a wide range of moderate to low intensity industrial uses (e.g., light manufacturing and research and development) and limited accessory commercial and office uses. The proposed health and fitness facility use will be located within an existing multi-tenant light industrial center as an accessory commercial use and will not compromise the character of the area as primarily industrial. 2. The proposed health and fitness facility will occupy an approximately 4,140-square- foot tenant space thereby making it a large health and fitness facility pursuant to Zoning Code Chapter 20.70 (Definitions) of the Zoning Code. Large health and fitness facilities (over 2,000 square feet) are permitted within the IG Zoning District subject to the approval of a minor use permit. 3. Nearly 82 percent, or 26,000 square feet, of the total gross floor area (approximately 32,246 square feet) in the center is occupied by a light industrial use (e.g., manufacturing, distribution, repairs, and research and development). The parking requirements for uses of those types are generally one parking space per each 500 square feet of gross floor area or less pursuant to Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required). The parking requirement for a large health and fitness facility is one parking space per each 200 square feet of gross floor area. 03-03-2015 g Zoning Administrator Resolution No. ZA2015- Page 3 of 7 Analysis of the proposed use with regard to the existing 80 parking spaces on-site to serve the center demonstrated sufficient parking would be provided with a surplus of three spaces remaining. 4. The proposed use is required to comply with all other applicable provisions of the Zoning Code and Municipal Code. 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 proposed project involves minor improvements within an existing light industrial tenant space to operate a large health and fitness facility. 2. As conditioned, a maximum of five (5) uniquely occurring classes can occur in any one day with a maximum of 20 participants each. 3. The proposed use will remain accessory to the other uses in the light industrial center, which include manufacturing, distribution, research and development, and other industrial uses. 4. The conditions of approval placed on hours of operation as well as classes and number of participants will help to ensure the use is compatible with the existing and allowed uses in the vicinity 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 proposed use will be located in an existing tenant space within a multi-tenant light industrial building and will involve minor improvements of the space to operate a large health and fitness facility. There are no proposed changes to the site or the exterior fagade of the building. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on-site and are accessed from existing driveway approaches on West 16th Street and Monrovia Avenue. 3. All tenant improvement work will comply with all Building, Public Works, and Fire Codes. 03-03-2015 9 Zoning Administrator Resolution No. ZA2015- Page 4of7 Finding: E. 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. Facts in Support of Finding: 1. The project has been reviewed and this approval includes conditions to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the persons using the establishment. 2. The proposed use will remain accessory to the existing industrial uses within the center as well as the surrounding area. SECTION 4. DECISION. <,( N NOW, THEREFORE, BE IT RESOLVED: 041 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-023, 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 10TH DAY OF SEPTEMBER, 2015. Brenda Wisneski, AICP, Zoning Administrator 03-03-2015 10 Zoning Administrator Resolution No. ZA2015- Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved floor plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. 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 materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Prior to implementation of this use permit, all revisions for the shell of the commercial building regarding the subject tenant space shall be permitted and completed. 6. Parking shall be provided at one (1) space per 200 square feet of gross floor area. 7. The hours of operation shall be from 8:00 a.m. to 9:00 p.m., daily. 8. The maximum number of classes occurring in any one day shall be five (5). Classes shall not overlap and shall not occur simultaneously. 9. The maximum number of participants for each class and/or group event shall be twenty (20). 10. No classes shall be conducted outside of the tenant space nor shall they be conducted within the parking lot area. 11. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and may require an amendment to this Minor Use Permit or the processing of a new use permit. 12. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 13. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Minor Use 03-03-2015 22 Zoning Administrator Resolution No. ZA2015- Page 6 of 7 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 Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 14. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:OOAM Between the hours of and 10:OOPM 10:001PM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 45dBA 60dB 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 15. No outside sound emitting equipment (e.g., stereo or loudspeaker) shall be utilized in conjunction with this establishment. 16. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 17. 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. 18. 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. 19. This approval shall expire and become void unless exercised within 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. 20. 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. 03-03-2015 12 Zoning Administrator Resolution No. ZA2015- Page 7 of 7 21. 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 Phoenix Multisport Studio Minor Use Permit including, but not limited to, the Minor Use Permit No. UP2015-023 (PA2015-091). 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, ursuant to the indemnification requirements prescribed in this condition. 03-03-2015 V� QP �P 2� Attachment No. ZA 2 Vicinity Map 15 V� QP �P 2� ICE r g -jIM iC 17I w _ �NEWHALLrST i ' Subject 1 Pro e - a w tsTHBr w ® Z '< v ■ a PRODUCTION PL ,f _ � 15TH STiW u� i� �\NT�EP\DST pJ0 HALYARD MEDICAL<H �I�i•�� 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 ,rPPokr any results obtained in its use. ° m 0 421 841 _ Imagery: 2009-2013 photos provided by Eagle Feet Imaging www.eagieaerial.com 8/25/2015 27 V� QP �P sg Attachment No. ZA 3 Applicant's Project Description 19 V� QP �P �o PA2015-091 Phoenix Multisport Studio 901 W. 16TH Street Newport Beach, California 92663 Applicant's Project Description & Operation Phoenix Multisport (Phoenix), is a 501(c)(3) non-profit organization whose mission is to foster a supportive, physically active community for individuals who are recovering from alcohol and substance abuse and for those who choose to live a sober life. In furtherance of its mission, Phoenix is looking to serve the existing population living in Orange County by providing a studio space to conduct yoga and studio fitness classes located at 903 w 16th st, Newport Beach, CA 92663. The facility is a 4000sf warehouse space located on an 80,000sf lot. The total property serves eight other tenants/owners sharing eighty parking spaces. As defined in our lease agreement we have been provided with eight of these spaces. The other tenants utilize the remaining 72 spaces during the day have agreed to allow us to use their spaces "after hours' when our classes are open to the community and the demand for parking to participate in our programs increases. Our hours of operation will be from 8am to 9pm. During the day from 8am to 5pm private classes will be held for participants from organizations with whom we hold contracts to provide exclusive instruction for their clients. Participants from these programs will be transported by their organization to and from our studio location for instruction. The only requirement for parking during these hours will be for our staff of which there are currently only four. Classes will be held in the evenings from 5pm to 9pm and on weekends between the hours of 9am to 5pm for community participants living in close proximity to our facility who meet our requirements for participation. Classes will not exceed 15 participants. C:\Users\flores\Downloads\General Doc Template.docx 21 PHOENIX MULTISPORT Sober Active Community FREE events to individuals 48hrs clean and sober For more information and current calendar please visit — Phoenamultisport.org MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY Yoga/Meananon Yoga/Meditation Yoga/Meditation RIKE 8:00—9:OOam 8:00—9:OOam 8:00—9:OOam 9:00.12:00pm Cardio Kickboxing Semi Private indoor Climbing 9:15—10:15am Surf Lessons Cn oor Climbingion Open Stutlio Open Studio Open Studio Open Studio 9:00 am-12:OOpm 12:00—2:OOpm 12:00—2.00pm 12:00—2:OOpm 12:00—2:OOpm 12:00—2:OOpm Per Ignem 2 Crossifl Open Studio Cardlo 10:15—11:30am 12:00—2:OOpm Beginner Crosstit Beginner Crossfil Kickboxing Beginner Crossifl 5:15pm—6:15pm 5:15pm—6:15pm 5:15—6:15pm 5:15pm—6:15pm Open Studio 12:00—2:OOpm Register to Surfing YOGA Workshop YOGA FLOW Indoor Climbing call Josh R. 6:30—7:30pm 6:30—7:30pm *Rockreation 808.4466871 5:00—B:OOpm NOW Arts SOCIAL 5:30—7:30pm -Phoenix Multisport requires 48 hours of sobriety for event participation- -ALL EVENTS ARE FREE TO THE INDIVIDUAL- www.phoenixmultisport.orW lake Roberts - 949.610-6346 lakert�0hoenfxmultisport.org josh Hamlin - 808.446.6871 josh6�0hoenfxmuitfsport.org Pat Denbeau- 949-798-9735 pairice(al�phoenixmultisport.org 903 W. 16"'Street Newport beach, CA 92663 22 Attachment No. ZA 4 Parking Analysis 23 V� QP �P PA2015-091(UP2015-023) Attachment No. ZA 4 September 10,2015 Phoenix Multisport Studio Parking Analysis Address Tenant-Landlord Business License Record Sq.Ft.' Notes Use Parking Ratio Parking Required 901 West 16th Street Phoenix Multisport 4,124 Proposed Tenant Health/Fitness Facility,Large 1/200 21 905 West 16th Street Cutter 2,000 Hobby Space/Personal Use Industry,Small 1/500 4 907 West 16th Street Mikoh LLC 2,000 Catalogue clothing distributor Industry,Small 1/500 4 909 West 16th Street Wesco 2,000 Boat repair Maintenance and Repairs 1/500 4 911 West 16th Street Fixated Insurance 2,000 Insurance Broker Business Office 1/250 8 1577 Monrovia Avenue Island Auto 2,000 Vehicle Repair(1 lift) Vehicle Repair(1 lift) 1/300 7 1579 Monrovia Avenue Island Auto 2,000 Vehicle Repair(1 lift) Vehicle Repair(1 lift) 1/300 7 1581 Monrovia Avenue C&H 2,000 Assembly and Fabrication Industry,Large 1/1000 2 1583 Monrovia Avenue C&H 2,000 Assembly and Fabrication Industry,Large 1/1000 2 1585 Monrovia Avenue C&H 2,000 Assembly and Fabrication Industry,Large 1/1000 2 1587 Monrovia Avenue let Works 2,000 Jet ski repair Maintenance and Repairs 1/500 4 1589 Monrovia Avenue C&H 2,000 Storage Industry,Large 1/1000 2 1591 Monrovia Avenue Patterson Construction 2,000 Storage Industry,Small 1/500 4 1593 Monrovia Avenue Worldpro Group LLC 2,000 Engineering R&D Research and Development 1/500 4 1595 Monrovia Avenue C&H 2,000 Storage Industry,Large 1/1000 2 Total Required 77 Parking Provided 80 Footnotes 1.Based on information received from property owner and tenant. 25 V� QP �P Attachment No. ZA 5 Project Plans 27 V� QP �P �g PA2015-091 -_ __- Attachment No.. 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