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HomeMy WebLinkAboutZA2016-027 - MINOR USE PERMIT FOR COMMUNITY RECREATION CLASSES - 868 16th St W RESOLUTION NO. ZA2016-027 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-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. 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. ZA2016-027 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 03-08-2016 Zoning Administrator Resolution No. ZA2016-027 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 facade 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. 03-08-2016 Zoning Administrator Resolution No. ZA2016-027 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 Zoning Administrator Resolution No. ZA2016-027 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 any one 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. 03-08-2016 Zoning Administrator Resolution No. ZA2016-027 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 10:00PM 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 ro ert Mixed Use Property 45dBA 6OdBA 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. 03-08-2016 Zoning Administrator Resolution No. ZA2016-027 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