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HomeMy WebLinkAboutZA2020-004 - APPROVING MINOR USE PERMIT NO. UP2019-051 FOR A HEALTH AND FITNESS FACILITY LOCATED AT 957 NEWPORT CENTER DRIVERESOLUTION NO. ZA2020-004 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT NO. UP2019-051 FOR A HEALTH AND FITNESS FACILITY LOCATED AT 957 NEWPORT CENTER DRIVE (PA2019-226) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by CorePower Yoga (“Applicant”), with respect to property located at 957 Newport Center Drive, and legally described as Parcel 2 of Lot Line Adjustment No. LA2009-001, requesting approval of a minor use permit. 2. The Applicant requests a minor use permit to allow a 3,302-square-foot indoor yoga fitness facility within an existing commercial tenant space in the Fashion Island Regional Center. The tenant space was previously occupied by a restaurant operation (Lark Creek). As proposed, the space will be renovated and improved with two yoga rooms, a reception/retail area, administrative office, and restroom with storage lockers for patrons. Classes are proposed to be held from 5 a.m. to 10:30 p.m., daily. 3. The subject property is designated Regional Commercial (CR) by the General Plan Land Use Element and is located within the North Newport Center Planned Community (PC56). 4. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on January 16, 2020, 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 hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. In this case, the proposal is a Zoning Administrator Resolution No. ZA2020-004 Page 2 of 7 01-25-19 minor use permit to allow a fitness and health facility in an existing tenant suite and improvements are limited to minimal construction in the form of a tenant improvement. SECTION 3. REQUIRED FINDINGS. In accordance with Newport Beach Municipal Code (NBMC) Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits, Findings and Decision), 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 CR (Regional Commercial), which is intended to provide for a wide variety of commercial activities to serve citywide and regional needs. The proposed yoga studio is in conformance with the applicable goals and policies of the General Plan because the project provides a service use that is compatible with the retail, dining, and commercial entertainment of this area that serve local and regional residents. 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. The subject property is within the North Newport Center Planned Community (PC56), specifically Fashion Island Sub-Area A, which is intended to provide a vibrant regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees on a local and regional scale. The proposed yoga studio is a service use permitted within this zoning designation through the approval of a minor use permit. 2. Abundant parking availability exists on-site to provide for the proposed yoga studio at the required three parking spaces per every 1,000-square-feet of floor area parking rate prescribed for regional commercial land uses in the North Newport Center Planned Community Text. The proposed project does not include any additional floor area and, therefore, does not increase the parking requirement. Zoning Administrator Resolution No. ZA2020-004 Page 3 of 7 01-25-19 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 existing tenant space where the yoga studio will be located is within a building that contains various commercial retail, entertainment, and service uses. 2. Yoga studios and similar health and fitness facilities currently operate in existing spaces on-site and in the immediate area, providing a service for residents and employees. 3. The health and fitness facility will operate between the hours of 5 a.m. and 10:30 p.m., daily, which will provide flexibility to serve a wide variety of patrons beyond typical work hours while still maintaining compatibility with the adjoining uses. 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 an existing 3,302-square-foot tenant space in the Fashion Island Regional Center (“Fashion Island”). 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. Fashion Island is an outdoor and indoor mall with wide and open walkways. Fashion Island is encircled by Newport Center Drive and is developed with several surface parking lots, parking structures, and loading areas. Access from Newport Center Drive to all Fashion Island structures is provided by several private drives. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes. 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. Zoning Administrator Resolution No. ZA2020-004 Page 4 of 7 01-25-19 Facts in Support of Finding: 1. The improvements to accommodate the health and fitness facility are minor in nature and will not impact the overall operation of the building and the surrounding commercial tenants. 2. Fashion Island does not directly abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2019-051, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. 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 City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JANUARY, 2020. _____________________________ James Campbell, Zoning Administrator Zoning Administrator Resolution No. ZA2020-004 Page 5 of 7 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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. 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. The use shall be limited to operate during the hours between 5 a.m. to 10:30 p.m., daily. 5. Minor Use Permit No. UP2019-051 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.91.050, unless an extension is otherwise granted. 6. This 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. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and approval by the Planning Division and may necessitate an amendment to this Use Permit or the processing of a new Use Permit. 8. 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. 9. 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. Zoning Administrator Resolution No. ZA2020-004 Page 6 of 7 01-25-19 10. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 11. 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. 12. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 13. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 14. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments. 15. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 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. 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 NBMC Title 20 Planning and Zoning. 18. 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 Zoning Administrator Resolution No. ZA2020-004 Page 7 of 7 01-25-19 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 CorePower Yoga Fashion Island including, but not limited to, Minor Use Permit No. UP2019-051 (PA2019-226). 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. Fire Department 19. Rooms with an occupant load of 50 or more persons will require two (2) or more exit doors. Building Division 20. Restrooms, showers, changing rooms, and reception must comply with the State accessibility requirements in Chapter 11B of the California Building Code (CBC). 21. All doors and entry must comply with Chapter 11B (CBC).