HomeMy WebLinkAbout07 - City of Newport Beach Community Recreation Facility - PA2016-048 COMMUNITY DEVELOPMENT DEPARTMENT
VPLANNING DIVISION
low 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
cq�iFOw�avP 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 28, 2016
Agenda Item No. 7
SUBJECT: City of Newport Beach Community Recreation Facility (PA2016-048)
868-870 West 16th Street
• Minor Use Permit No. UP2016-013
APPLICANT: City of Newport Beach
OWNER: Trico Newport Properties, LP
PLANNER: Benjamin M. Zdeba, AICP, Associate Planner
(949) 644-3253, bzdeba@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: IG (Industrial)
• General Plan: IG (Industrial)
PROJECT SUMMARY
A minor use permit is requested to use a 5,000-square-foot tenant space for community
recreation classes (Health and Fitness Facility, large land use). The use will primarily
operate in the earlier morning and evening hours and will offer a wide variety of
recreational programs for between 5 and 20 participants per class.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit
No. UP2016-013 (Attachment No. ZA 1).
1
City of Newport Beach Community Recreation Facility
Zoning Administrator, April 28, 2016
Page 2
DISCUSSION
• The sub ect property, located at the northeastern corner of the intersection at
West 16 h Street and Monrovia Avenue, is approximately 140,906 square feet in
area (3.23 acres) and is improved with four multi-tenant, one-story buildings
totaling approximately 60,000 square feet in area. Behind the buildings is a
surface parking lot containing 104 parking spaces and an ancillary storage
building.
• 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 Land Use
Category and IG District are 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.
• Existing on-site uses include food processing, light manufacturing, distribution
and wholesaling as well as one business office.
• The proposed use is considered a health and fitness facility by the Zoning Code
and will take place within an approximately 5,000-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 facility 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 lobby area, two private offices, a small conference
room/area, required restrooms, and two larger open areas to be used as a flex
space for fitness training and various classes throughout the day. Conditions of
approval have been placed on the project limiting the number of classes and
participants.
• The proposed use will operate between the hours of 7:00 a.m. and 9:00 p.m.,
Monday through Thursday, 7:00 a.m. to 4:30 p.m., Fridays as well as Saturday
and Sunday mornings. On average, seven or eight one-hour-long classes will be
offered primarily in the mornings and evenings. As conditioned, staff is
recommending limiting the total number classes to no more than fourteen (14)
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City of Newport Beach Community Recreation Facility
Zoning Administrator, April 28, 2016
Page 3
per day with a maximum participation of 20 people per class to help ensure
compatibility with other uses in the project site and the general area.
• Staff is also recommending a condition to allow operation between 7:00 a.m. and
9:00 p.m., daily, in order to allow flexibility for future programming.
• The large health and fitness facility use requires a parking ratio of one parking
space per 200 square feet of gross floor area.
• Nearly 80 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 subject to the striping of two
additional parking spaces pursuant to Condition of Approval Number 5.
• 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 community recreation facility and involves minor alterations to the
existing floor plan as well as the addition of two parking spaces.
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.
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City of Newport Beach Community Recreation Facility
Zoning Administrator, April 28, 2016
Page 4
APPEAL PERIOD
An appeal or call for review 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:
IV_Jjel�-
i . Zdeba, AICP
Associa Planner
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant's Project Description
ZA 4 Parking Analysis
ZA 5 Project Plans
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J
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2016-XXX
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-013 FOR A COMMUNITY RECREATION FACILITY
(HEALTH AND FITNESS FACILITY, LARGE) LOCATED AT 868
AND 870 WEST 16TH STREET (PA2016-048)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by the City of Newport Beach, with respect to property located at
868 and 870 West 16th Street, and legally described as a Portion of Lot 912 of the
Newport Mesa Tract requesting approval of a minor use permit.
2. The applicant proposes to use a 5,000-square-foot tenant space for community
recreation classes (Health and Fitness Facility, Large land use). The use will primarily
operate in the earlier morning and evening hours and will offer a wide variety of
recreational programs for between 5 and 20 participants per class.
3. The subject property is designated Industrial (IG) within the Land Use Element of the
General Plan and is located in the Industrial (IG) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on April 28, 2016, 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 community recreation facility (Health and Fitness
Facility, Large land use) and involves minor alterations to the existing floor plan as well
as the addition of two parking spaces.
Zoning Administrator Resolution No. ZA2016-XXX
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 facility 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 facility 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 facility will occupy an approximately 5,000-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 80 percent, or 47,500 square feet, of the total gross floor area (approximately
60,000 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.
Analysis of the proposed use with regard to the existing 104 parking spaces on-site to
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Zoning Administrator Resolution No. ZA2016-XXX
Page 3 of 7
serve the center demonstrated a deficit of two parking spaces. As conditioned, the
applicant is required to stripe two additional parking spaces; therefore, there will be
sufficient parking to accommodate the proposed use.
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 total of fourteen (14) classes can occur in any one day
between the two classrooms 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
community recreation facility. There are no proposed changes to the exterior fagade of
the building. The site work to stripe two parking spaces will be subject to the review
and approval of the Public Works Department and Building Division.
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.
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Zoning Administrator Resolution No. ZA2016-XXX
Page 4 of 7
3. All tenant improvement work will comply with all Building, Public Works, and Fire
Codes.
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.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-013, 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 or call for review 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 28TH DAY OF APRIL, 2016.
Patrick J. Alford, Zoning Administrator
03-08-2016
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Zoning Administrator Resolution No. ZA2016-XXX
Page 5 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
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 minor use permit, the applicant shall stripe two (2)
additional parking spaces on-site in compliance with the applicable Municipal Code
regulations, subject to review by the Public Works Department.
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 7:00 a.m. to 9:00 p.m., daily.
8. The maximum number of classes occurring in anyone day shall be fourteen (14).
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.
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Zoning Administrator Resolution No. ZA2016-XXX
Page 6 of 7
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
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 10:00PM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property 1W
Mixed Use Property 45dBA 60dBO 45dBA 50dBA
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.
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Zoning Administrator Resolution No. ZA2016-XXX
Page 7 of 7
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.
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 City of Newport Beach Community Recreation
Facility including, but not limited to, the Minor Use Permit No. UP2016-013 (PA2016-
048). 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.
03-08-2016
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Attachment No. ZA 2
Vicinity Map
13
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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
�1aE`x'Pogr any results obtained in its use.
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Imagery: 2009-2013 photos provided by Eagle
Feet Imaging www.eagieaerial.com
4/19/2016
14
Attachment No. ZA 3
Applicant's Project Description
15
PA2016-048
16th Street Facility Program Description
The facility will be utilized for community recreation classes to meet the need for programming in the
vicinity of the property located at 868-870 W. 16th Street created by the West Newport Community
Center programming space becoming unavailable. Typical operating hours for the facility will be
Monday-Thursday from 7:30AM-9:OOPM, Fridays 7:30-4:30 and Saturday and Sunday mornings. Staffing
will consist of one City employee during scheduled class times and 1-4 contract instructors. Maximum
occupancy will be 50 persons. Typical classes that are proposed are listed as follows:
• Gymnastics programming for ages 18 months-14 years.
• Dance programming forages 18 months-Adult
• Fitness programming for ages 14-Adult
• Athletic programming such as; karate and pre-school multi-sport for ages 3-12yrs
• Enrichment programming such as;theater, language, STEM, art, music, and chess for ages 6
weeks-Adult
• Summer Enrichment day camps for ages 3-14yrs
10
Attachment No. ZA 4
Parking Analysis
2-�L
04/19/2016
West 16th Street Industrial Park
Parking Analysis
Address Tenant Use Discretionary Permits Square Footage Parking Ratio Spaces'
868 West 16th Street Proposed Tenant Health/Fitness Facility,Large 5,0001/200 25
872 West 16th Street Sauce/Food Processing Food Processing 5,000 1/2000 2.5
876 West 16th Street Popcorn/Food Processing Food Processing 2,500 1/2000 1.25
878 West 16th Street Vitamin Supplement Distribution Wholesaling 2,5001/1000 2.5
880 West 16th Street Carpet Cleaning Services Industry,Small 2,5001/500 5
882 West 16th Street Florist-Online Sales/Delivery Industry,Small 2,5001/500 5
884 West 16th Street Clothing Mfg and Design Industry,Small 2,500 1/500 5
886 West 16th Street Vitamin Supplement Distribution Wholesaling 7,5001/1000 7.5
892 West 16th Street Marine Parts Sales/Distribution Industry,Large 2,5001/1000 2.5
894 West 16th Street Marine Parts Sales/Distribution Industry,Large 2,5001/1000 2.5
896 West 16th Street Marine Parts Sales/Distribution Industry,Large 5,0001/1000 5
1600 Monrovia Avenue Real Estate Office Business Office 2,5001/250 10
1602 Monrovia Avenue Magazine Publishing Industry,Small 2,5001/500 5
1604 Monrovia Avenue Hobby Storage Industry,Small 2,5001/500 5
1606 Monrovia Avenue Auto Parts Distribution Wholesaling 2,5001/1000 2.5
16096a bcock Street Frame Manufacturing Industry,Small 5,0001/500 10
1611 Babcock Street Logistics and Warehouse Industry,Small 5,000 1/500 10
'Above table shows parking by tenant space for reference only-see
summary table below for total required parking.
West 16th Street Industrial Park
Parking Summary
Parking Ratio Square Footage Parking Required
1/2000 7,500 4
1/iDD0 22,500 23
1/5DD 22,500 45
1/350 2,500 10
1/200 5,000 25
Totals 60,000 106
Parking Spaces Provided(Existing) 104
Parking Spaces Provided(Proposed) 106
Surplus/Defecit 0
18
Attachment No. ZA 5
Project Plans
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PA2016-048
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868-870 W. 16" St.
Newport Beach, CA 92627
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