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HomeMy WebLinkAboutZA2015-020 - MINOR USE PERMIT FOR HEALTH/FITNESS FACILITY(#107 & #111) - 1617 Westcliff Dr RESOLUTION NO. ZA2015-020 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, 1099 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 (CEQA) Guidelines. 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. ZA2015-020 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 . 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 Zoning Administrator Resolution No. ZA2015-020 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: 00 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 from 9:00 a.m . through 8:00 p.m . , Monday through Friday. 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 Zoning Administrator Resolution No. ZA2015-020 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. Br V a Wisnestfi, ICP, Deputy Director 03-03-2015 Zoning Administrator Resolution No. ZA2015-020 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 between 9:00 a.m. to 8:00 p.m. , Monday through Friday. 4. The hours of operation shall be limited from 5:00 a. m . to 9:30 p. m . , daily. 5. 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 . 6. All new restroom facilities shall meet California accessibility requirements. The tenant space shall provide accessible water closet and showers to the satisfaction of the Building Division . 7 . The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 9. 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 constitute a public nuisance. 10 . 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. 11 . 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 03-03-2015 Zoning Administrator Resolution No. ZA2015-020 Page 6 of 6 current business owner, property owner or the leasing agent. 12. 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. 13. 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 14. The parking layout shall comply with the City Traffic Engineer approved parking layout for the shopping center. 03-03-2015