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HomeMy WebLinkAboutZA2016-014 - SUITE 26 - MINOR USE PERMIT FOR DANCE STUDIO - 1000 Bristol St N RESOLUTION NO. ZA2016-014 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-005 FOR AN INSTRUCTIONAL DANCE FACILITY LOCATED AT 1000 NORTH BRISTOL STREET, SUITE 26 (PA2016-023) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jonathan Zane, with respect to property located at 1000 Bristol Street North, Suite 26, and legally described as Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a Parcel Map filed in book 97, pages 18 and 19 of Parcel Maps, in the Office of the County Recorder of said County, requesting approval of a minor use permit. 2. The applicant requests a minor use permit for an instructional dance facility located in a 2,581 square-foot suite within the Plaza Newport Shopping Center. 3. The subject property is located within the PC-11 (Newport Place Planned Community — General Commercial Site 3) 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 March 24, 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 under the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1 — Existing Facilities). 2. Class 1 exempts minor alterations to existing facilities that involve negligible expansion of the use. This project involves an interior remodel of an existing commercial space and a change in use from a physical therapy facility to an instructional dance facility, with no expansion of use. Zoning Administrator Resolution No. ZA2016-014 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit 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 General Plan land use designation for this site is CG (General Commercial). The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The instructional dance facility is consistent with this land use designation, as the use will serve residents in the area. 2. The subject property is not part of a specific plan area. 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 located within the General Commercial Site 3 of PC-11 (Newport Place Planned Community) Zoning District. Pursuant to the PC-11 Development Plan Part II (Commercial), Section II (Permitted Uses), Group II (Commercial Uses), F (General Commercial), General Commercial sites allow for institutional, instructional, and educational uses, subject to a use permit in each case. An instructional dance facility is considered an instructional use. 2. PC-11 does not provide a specific parking rate for institutional, instructional, and educational uses. The use shares similar characteristics and intensity to the large health and fitness facility land use, as defined in the Municipal Code. This use has a parking rate of one (1) space for every 200 square feet of gross floor area. The previous use was a physical therapy medical office, which also had the parking rate of one (1) space for every 200 square feet of gross floor area. Therefore, there is no change in parking demand associated with the change of use and no additional parking is required. 3. As conditioned, the proposed use will comply with all other applicable provisions of the Zoning Code and Municipal Code. 02-02-2016 Zoning Administrator Resolution No. ZA2016-014 Page 3 of 7 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 proposal is to establish an instructional dance facility located in the Plaza Newport Shopping Center. The proposed suite for the facility was previously occupied by a physical therapy medical office. 2. The project site and surrounding area consist of a mixture of nonresidential uses including eating and drinking establishments, a hair and nail salon, mail services, and retail uses that serve residents and visitors to the City of Newport Beach. The instructional dance facility will continue to provide a service, consistent with existing and permitted uses in the area. 3. The existing 236-space parking lot provides adequate parking for all uses within the shopping center and the proposed instructional dance facility will not require the provision of additional parking on-site. 4. A maximum of 15 patrons and 3 employees are expected inside the facility at any one given time. The facility will provide group instruction and the patrons may be dropped off before the class starts. The operating characteristics of the facility are compatible with the existing service uses in the vicinity and will have a minimum impact on the parking at the plaza. 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 shopping center property is 3.9 acres in area, and is developed with four(4) multi- tenant buildings and a 236-space surface parking lot. The existing building and parking lot have functioned satisfactorily with the current configuration. The parking lot fronts Bristol Street and has two (2) vehicular access points in and out of the shopping center. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on the property and the proposed instructional dance facility will not change this. 02-02-2016 Zoning Administrator Resolution No. ZA2016-014 Page 4 of 7 Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or 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 proposed use will not operate with late hours, which will minimize any potential detrimental effects on the surrounding area. 2. The shopping center is not located within an area with problems of blight and deterioration. 3. The project has been conditioned requiring all doors and windows to remain closed at all times, limiting the potential for noise related impacts associated with music. 4. The proposed instructional dance facility will provide additional services to the residents in 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. UP2016-005, 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 fourteen (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 24th DAY OF MARCH, 2016. Ile Patrick J. Alford, Zoning Administrator 02-02-2016 Zoning Administrator Resolution No. ZA2016-014 Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 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 Minor 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. 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. 6. Group instruction shall be limited to a maximum of 15 persons at any given time. 7. Hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m., daily. 8. Doors and windows shall remain closed at all times. 9. 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. 10. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 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 current business owner, property owner or the leasing agent. 12. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through 02-02-2016 Zoning Administrator Resolution No. ZA2016-014 Page 6 of 7 Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 13. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three (3) walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 14. 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. 15. 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 twenty (20)feet of the premises. 16. 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 (including Water Quality related requirements). 17. 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. 18. 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. 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. 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 Mon Reve Minor Use Permit including, but not limited to, UP2016-005 (PA2016-023). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other 02-02-2016 Zoning Administrator Resolution No. ZA2016-014 Page 7 of 7 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. 02-02-2016