HomeMy WebLinkAbout05_Onyx Athletica LLC Minor Use Permit_PA2021-247CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 30, 2022
Agenda Item No. 5
SUBJECT: Onyx Athletica LLC (PA2021-247)
Minor Use Permit No. UP2021-041
SITE LOCATION: 847 West 16th Street
APPLICANT: Onyx Athletica LLC
OWNERS: James N. and Lavon J. Degraw
PLANNER: Liane Schuller, Planning Consultant
lschuller@newportbeachca.gov
LAND USE AND ZONING
General Plan: IG (General Industrial)
Zoning District: IG (Industrial)
PROJECT SUMMARY
The applicant requests a minor use permit to allow a personal training facility and on-line
activewear business within an existing 5,920-square-foot tenant space in the IG (Light
Industrial) zone. The location was previously occupied by an automotive restoration
business. The space will be renovated and improved with nine (9) individual workout
stations, a lobby/reception area, administrative offices, restrooms, storage closets and
lockers for patrons. The facility will operate by appointment only, between the hours of 5:00
a.m. and 10:00 p.m. daily. All improvements are shown on the attached project parking
study and plans (Attachment No. ZA 4).
RECOMMENDATION
1)Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) 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; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2021-041 (Attachment No. ZA 1).
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Onyx Athletica LLC (PA2021-247)
Zoning Administrator, June 30, 2022
Page 2
DISCUSSION
The project is located in the IG (Industrial) Zoning District, which is intended to
provide for areas appropriate for a wide range of moderate to low intensity industrial
uses and limited accessory commercial and office uses. Table 2-12 of Newport
Beach Municipal Code (NBMC) Section 20.24.020 (Industrial Zoning District Land
Uses and Permit Requirements) lists Health/Fitness Facilities over 2,000 square-feet
as an allowed use, subject to a minor use permit.
Surrounding uses are predominantly industrial with several commercial uses also
located in the vicinity. The City Utilities Yard is located nearby (0.4 mile), as is Hoag
Hospital (0.7 mile). Several residential apartment complexes and mobile home parks
are located approximately one-half mile from the project site.
The project will provide a host facility for private personal trainers who will contract
with Onyx Athletica LLC for use of space and equipment to train individual private
clients.
The business will also conduct online retail
Clothing is manufactured offsite, shipped to the facility, and then packed and shipped
to fulfill online orders. There will not be an in-person retail operation onsite.
The applicant has submitted a parking study prepared by RK Engineering Group,
Inc. on October 6, 2021, documenting that adequate parking exists onsite to support
both the proposed and existing businesses on the property. The parking study
considered the square footage of each existing and proposed business, operating
hours, number of onsite parking spaces and applicable City parking requirements.
There are eighty-eight (88) onsite parking spaces and the study determined that fifty-
four (54) spaces are required, therefore a surplus of thirty-four (34) parking spaces
exists. A copy of the parking study is attached for reference (ZA 4).
The lease agreement for Onyx Athletica LLC specifies that twenty-two (22) parking
spaces be allocated to the applicant. Based on this, the parking study recommends
the business be limited to a maximum eight (8) personal trainers, eight (8) clients and
two (2) staff members at any given time. Accordingly, Condition No. 9 has been
included in the draft resolution.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 Class 3 (New
Construction or Conversion of Small Structures) 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.
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Onyx Athletica LLC (PA2021-247)
Zoning Administrator, June 30, 2022
Page 3
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. Class 3 exempts the construction and
location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure. In urbanized areas, this exemption includes a store, motel, office,
restaurant or similar structure not exceeding 10,000 square feet in floor area on sites
zoned for such use, if not involving significant amounts of hazardous substances where
all necessary public services and facilities are available, and the surrounding area is not
environmentally sensitive.
In this case, the project is a minor use permit to allow a 5,920-square-foot personal training
facility and on-line activewear business in an existing tenant space and improvements are
limited to minor tenant improvements within the existing building. Therefore, the proposed
project qualifies for the Class 1 and Class 3 exemptions.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants 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 NBMC. Additionally, the item appeared on the agenda for this meeting,
which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal of this action 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:
MKN/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description
ZA 4 Parking Study & Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2022-041 FOR A PERSONAL TRAINING
FACILITY, LOCATED AT 847 WEST 16TH STREET (PA2021-247)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Onyx Athletica LLC (Applicant) with respect to property located
at 847 West 16th Street and legally described as the West 157 ½ feet of Lot 812 ½ of the
First Addition to the Newport Mesa Tract, seeking approval of a minor use permit.
2. The Applicant requests approval to establish a personal training facility and on-line
activewear business within an existing 5,920-square-foot tenant space in the IG (Light
Industrial) zone. The space will be renovated and improved with nine (9) individual workout
stations, a lobby/reception area, administrative offices, restrooms, storage closets and
lockers for patrons. The facility will operate by appointment only, between the hours of 5:00
a.m. and 10:00 p.m. daily. The proposed use is permitted in the zone, subject to a minor
use permit.
3. The subject property is categorized General Industrial (IG) by the General Plan Land Use
Element and is within the Industrial (IG) Zoning District.
4. The subject property is not located in the coastal zone.
5. A public hearing was held on June 30, 2022, online via Zoom. A notice of time, place, and
purpose of the hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). 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) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) 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. 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.
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Zoning Administrator Resolution No. ZA2022-###
Page 2 of 8
3. Class 3 exempts the construction and location of limited numbers of new, small facilities
or structures; installation of small new equipment and facilities in small structures; and
the conversion of existing small structures from one use to another where only minor
modifications are made in the exterior of the structure. In urbanized areas, this
exemption includes a store, motel, office, restaurant or similar structure not exceeding
10,000 square feet in floor area on sites zoned for such use, if not involving significant
amounts of hazardous substances where all necessary public services and facilities are
available and the surrounding area is not environmentally sensitive.
4. The project involves the establishment of a personal training facility and on-line activewear
business within an existing 5,920-square-foot tenant space in the IG (Industrial) zone and
improvements are limited to minor tenant improvements within the existing building. The
project therefore qualifies for both the Class 1 and Class 3 categorical exemptions.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the
NBMC, 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 IG (General Industrial) land use designation is intended to provide for a wide range
of moderate to low intensity industrial uses, such as light manufacturing, research and
development, and limited ancillary commercial and office uses. The proposed project
comports with this intent. Personal training is consistent with the land use designation
and the retail component serves as an ancillary commercial use.
2. The property is not located within 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 IG (Industrial) Zoning District is intended to provide for areas appropriate for a wide
range of moderate to low intensity industrial uses and limited accessory commercial and
office uses. Health/Fitness Facilities over 2,000 square-feet are specified as an allowed
use within this zone, subject to a minor use permit.
2. The project will provide a host facility for private personal trainers who will contract with
Onyx Athletica LLC for use of the space and equipment to train individual private clients.
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The project would support private trainers by providing a shared location in which to
operate, designed and equipped for their work, with adequate on-site parking and
operating characteristics consistent with the surrounding adjacent land uses.
3. The operational conditions of approval will promote compatibility with the surrounding
land uses, which are predominately industrial uses. The proposed use will comply with
all other applicable provisions of the NBMC.
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 project is located within an existing industrial building. The design, size, location,
and operating characteristics of the use are compatible with the surrounding existing
land uses.
2. Project implementation will consist of tenant improvements to the existing tenant space,
in compliance with Building and Fire Code safety and accessibility requirements. The
design of the tenant improvements will comply with all Building, Public Works, and Fire
Codes.
3. The applicant has provided a parking study, prepared by RK Engineering Group, Inc.,
dated October 6, 2021, documenting that adequate parking exists onsite for both the
existing and proposed uses. The parking study considered the square footage of each
existing and proposed business, operating hours, number of onsite parking spaces and
applicable City parking requirements. There are eighty-eight (88) onsite parking spaces and
the study determined that fifty-four (54) spaces are required, therefore a surplus of thirty-
four (34) parking spaces exists.
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. All proposed tenant improvements, with the exception of signage, are limited to the
inside of the existing building and will not affect pedestrian circulation, parking spaces,
or access to existing tenants. Adequate public and emergency vehicle access is taken
from West 16th Street. Public services and utilities are adequately provided for on-site.
2. The design of the improvements will comply with all Building, Public Works, and Fire
Codes, and plans will be reviewed prior to the issuance of building permits.
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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 includes conditions of approval to ensure that potential conflicts with the
surrounding land uses and City as a whole 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 within the facility, adjacent
properties, or surrounding public areas, sidewalks, or parking lots, during business
hours, if directly related to the patrons of the business.
2. The proposed business will be located within an existing tenant space is an existing
industrial building and the IG Industrial zone allows the proposed use, subject to a minor
use permit. The space has not proven unsuitable for this type of use.
3. The proposal has been reviewed by the Building Division, Public Works, and Fire
Departments, and recommended conditions of approval have been included to limit any
detriment to the City or general welfare of persons visiting or working in the surrounding
neighborhood.
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) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) 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. UP2021-041
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 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.
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Zoning Administrator Resolution No. ZA2022-###
Page 5 of 8
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JUNE, 2022.
____________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
Planning Division
1. The project shall be in substantial conformance with the approved floor plans 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
and Fire Department.
5. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of NBMC Chapter 20.42 (Signs).
6. Minor Use Permit No. UP2021-041 shall expire unless exercised within 24 months from
the date of approval as specified in NBMC Section 20.54.060 (Time Limits and
Exceptions), unless an extension is otherwise granted.
7. 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.
8. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, may require an amendment to this Use Permit or the processing of
a new Use Permit.
9. Based upon the lease allocation of twenty-two (22) onsite parking spaces, the business
shall not operate with more than eight (8) personal trainers, eight (8) clients and two (2)
staff members at any given time.
10. A copy of the Resolution, including condit
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
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
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Zoning Administrator Resolution No. ZA2022-###
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current business owner, property owner or the leasing agent.
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 always be maintained free of litter and graffiti. 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 (including Water Quality
related requirements).
15. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
16. 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.
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 Title 20 Planning and Zoning of the NBMC.
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
approval of Onyx Athletica LLC including, but not limited to, Minor Use Permit No.
UP2021-041 (PA2021-247). 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.
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Building Division
19. The
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.
20. Prior to the issuance of building permits, the project plans shall comply with applicable
disabled access requirements.
Fire Department
21. The facility is classified as an A-3 Assembly Group Occupancy. A minimum of two (2)
exits equipped panic hardware are required. A roll-up door does not qualify as an exit
door.
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Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Minor Use Permit No. UP2021-041
(PA2021-247)
847 West 16th Street
Subject Property
14
Attachment No. ZA 3
Project Description
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PA2021-247
16
PA2021-247
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Attachment No. ZA 4
Parking Study & Plans
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PA2021-247
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October 6, 2021
Mr. Jacob Price
ONYX ATHLETICA
847 W 16th Street
Newport Beach, CA 92663
Subject: Onyx Athletica Parking Review, City of Newport Beach
Dear Mr. Price,
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to submit this parking review for the
proposed Onyx Athletica located at 847 W. 16th Street, in the City of Newport Beach. The
proposed personal fitness facility will consist of approximately 5,920 gross square feet.
The project is located within a light industrial development which provides a total of 88
dedicated parking spaces (including four (4) ADA spaces) within a surface lot. The project
conforms with the current ADA parking requirements. The buildings have a parking supply
ratio of approximately 2.5 parking spaces per 1,000 square feet of building area.
Study Area
833, 845, 847, & 849 W. 16th Street, City of Newport Beach, CA
Address Tenant Hours of
Operation
Gross
Square
Feet
Land Use
Percent of
Gross Floor
Area
847 W. 16th Street
Onyx Athletica
(Proposed Personal
Training Facility)
Sunday - Saturday
5 AM - 10 PM 5,920
Health /
Fitness
Facility
17%
849 W. 16th Street 3D Carbon (Existing
Tenant)
Monday - Friday
9 AM - 5 PM 4,008 Wholesaling
(Auto Parts)12%
845 W. 16th Street Urban Decay (Existing
Tenant)
Monday - Friday
8 AM - 5 PM 9,144 Warehousing
& Storage 27%
833 W. 16th Street2 Urban Decay (Existing
Tenant)
Monday - Friday
8 AM - 5 PM 15,346 Wholesaling
(Cosmetics)45%
Project Totals 34,418 100%
Exhibits A and B provides the site plan and floor plan respectively.
PA2021-247
20
ONYX ATHLETICA
RK16924
Page 2
A representative from RK (Rogier Goedecke, President) completed a field review of the
study area on Tuesday, September 24, 2021, at approximately 10:00 AM. The field review
indicated that all tenants were in operation and there was an abundance available parking
spaces onsite. The parking spaces are not stenciled or signed based on the existing tenant
mix.
Photos of the study area are provided in Appendix A.
Onyx Athletica Operations
The use will consist of a private personal training facility with eight (8) personal trainers
and two (2) employees. Training sessions will be provided by appointment only and one (1)
customer per trainer. The project shares parking with three (3) other buildings. The use will
also be utilized for active wear retail sales. A total of twenty-two (22) designated parking
spaces are provided for the proposed use based on the rental agreement. The assigned
parking spaces are identified in Exhibit A.
The floor plan located on Exhibit B identifies a total of nine (9) training stations. As noted,
a total of eight (8) personal trainers will be onsite at any given time. The additional training
station is used as a spare station. At no time will all nine (9) training stations be used
concurrently.
The use will operate seven (7) days per week from 5:00 AM to 10:00 PM. All training
sessions are based on appointment only and no walk-ins are accepted. All training sessions
will be 45 minutes in length. In order to not exceed the parking allowance of twenty-two
(22) spaces, a 15-minute time-gap is necessary between training sessions to allow for one
customer to leave while another arrives. As a result, the potential of customer double
parking during the overlap period is reduced.
The training schedule included in Table 1 represents an intense case scenario. Under typical
conditions, the use will not be occupied by all trainers and customers during the day.
Representatives of the project should regularly monitor the hourly parking demand to
ensure that the twenty-two (22) parking space allocation is not exceeded and customers,
trainers, and staff are not parking in other parking areas.
PA2021-247
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ONYX ATHLETICA
RK16924
Page 3
Table 1 includes the Onyx Athletica Weekday and Weekend Maximum Occupancy Load per
hour.
City of Newport Beach Parking Requirements (Table 2)
Based on the parking code requirements, the City of Newport Beach applies a parking rate
of one (1) space per 200 square feet (5.0 parking spaces per 1,000 square feet) for
Health/Fitness Facilities greater than 2,000 square feet use. Since the proposed project
consists of approximately 5,920 square feet, it would require a total of thirty-one (31)
parking spaces.
Considering the other existing tenants within the study area, the project requires a total of
fifty-four (54) parking spaces based on applying the parking requirements for all uses
within the study area. Since the project provides a total of eighty-eight (88) parking
spaces, there is a surplus of thirty-four (34) parking spaces onsite.
Based on a review of the City of Newport Beach parking requirements, there are a sufficient
amount of parking spaces available onsite for all tenants.
The City of Newport Beach Parking Code (Table 21.40.050 Off-Street Parking
Requirements) is provided in Appendix B.
Recommendations
Based on the parking evaluation and review of the proposed Onyx Athletica private health
club, the following recommendations are provided to ensure adequate parking is
continuously provided onsite:
1. All training sessions must be available by appointment only. Walk-ins are not
allowed.
2. Training sessions should have a 15-minute time-gap between sessions to avoid the
double parking of customers.
3. To remain consistent with the parking allocation of twenty-two parking spaces per
the rental agreement, the project should limit the number of personal trainers to 8,
staff to 2, and clients to 8 at any given time.
4. The parking spaces for each tenant should be identified via a sign or parking space
stencil program that is consistent with the parking allocation provided via the rental
agreement. This will ensure that parking is not being poached by other tenants. All
PA2021-247
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ONYX ATHLETICA
RK16924
Page 4
employees, personal trainers, and clients should be informed to park in designated
parking spaces only.
5. Trash dumpsters, storage items, etc., blocking parking spaces should be relocated to
free up parking spaces.
6. Representatives of Onyx Athletica should regularly monitor the hourly parking
demand to ensure that the twenty-two (22) parking space allocation is not
exceeded.
7. A total of nine (9) training stations will be provided. As noted, a total of eight (8)
personal trainers will be onsite at any given time. The additional training station is
used as a spare station. At no time will all nine (9) training stations be used
concurrently.
PA2021-247
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ONYX ATHLETICA
RK16924
Page 5
Conclusion
Onyx Athletica is proposing to operate approximately 5,920 square feet private health club
facility located at 847 W. 16th Street, in the City of Newport Beach. Based on the rental
agreement, the project will have a parking allocation of twenty-two (22) parking spaces. All
training sessions are by appointment only and the parking allocation is not expected to be
exceeded based on the 15-minute time-gap between training sessions. Furthermore,
based on the City of Newport Beach parking requirements for all uses within the study
area, the project is consistent with the parking code.
Based on a review of the proposed operating hours and the City of Newport
Beach parking requirements, there are a sufficient amount of parking spaces
available to serve the project and the other existing tenants at the site.
If you have any questions regarding this review or need further clarification, please contact
us at (949) 474-0809.
Sincerely,
RK ENGINEERING GROUP, INC.
Rogier Goedecke
President
Attachments
RG:/rk16924
JN:3003-2021-01
PA2021-247
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PA2021-247
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PA2021-247
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Tables
PA2021-247
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Time1 Personal
Trainers Staff Clients Total
Occupants Onsite
Parking Allocation
(22 Parking Spaces)
5:00 AM - 5:45 AM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
6:00 AM - 6:45 AM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
7:00 AM - 7:45 AM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
8:00 AM - 8:45 AM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
9:00 AM - 9:45 AM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
10:00 AM - 10:45 AM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
11:00 AM - 11:45 AM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
12:00 PM - 12:45 PM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
1:00 PM - 1:45 PM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
2:00 PM -2:45 PM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
3:00 PM - 3:45 PM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
4:00 PM - 4:45 PM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
5:00 PM - 5:45 PM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
6:00 PM - 6:45 PM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
7:00 PM - 7:45 PM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
8:00 PM - 8:45 PM 8 2 8 18 NOT EXCEEDED
15-Minute Gap 8 2 8 18 NOT EXCEEDED
9:00 AM - 9:45 AM 8 2 8 18 NOT EXCEEDED
1 The training sessions will have a 15-minute gap for clients to arrive and depart. As a result, the potential of double parking during the overlap period is reduced. As
a conservative measure, the table assumes eight (8) clients are onsite at any given time.
Table 1
Onyx Athletica Weekday & Weekend
847 W. 16th Street, Newport Beach, CA
RK16924TB
JN:3003-2021-01
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29
Appendices
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Appendix A
Photos of the Study Area
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32
33
34
35
36
37
38
39
40
41
42
43
44
Appendix B
The City of Newport Beach Parking Code
(Table 21.40.050 Off-Street Parking Requirements)
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Chapter 21.40 Off-Street Parking
Sections:
21.40.010 Purpose
21.40.020 Applicability
21.40.030 Requirements for Off-Street Parking
21.40.040 Off-Street Parking Spaces Required
21.40.045 Bicycle Parking for Non-residential Developments
21.40.050 Parking Requirements for Shopping Centers
21.40.060 Parking Requirements for Food Service Uses
21.40.070 Development Standards for Parking Areas
21.40.110 Adjustments to Off-Street Parking Requirements
21.40.120 Parking Management Districts
21.40.130 In-Lieu Parking Fee
21.40.145 Preferential Parking Zones
21.40.010 Purpose
The purpose of this chapter is to provide off-street parking and loading standards to:
A. Provide for the general welfare and convenience of persons within the City by ensuring
that sufficient parking facilities are available to meet the needs generated by specific uses
and that adequate parking is provided, to the extent feasible;
B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading
facilities;
C. Increase public safety by reducing congestion on public streets and to minimize impacts to
public street parking available for coastal access and recreation;
D. Ensure access and maneuverability for emergency vehicles;
E. Provide loading and delivery facilities in proportion to the needs of allowed uses; and
F. Provide transportation and parking requirements for new development to protect,
maintain, and enhance public access in the Coastal Zone.
21.40.020 Applicability
A.Off-Street Parking Required. Each use, including a change or expansion of a use or
structure, except as otherwise provided for in Chapter 21.38 (Nonconforming Uses and
Structures) shall have appropriately maintained off-street parking and loading areas in
compliance with the provisions of this chapter. A use shall not be commenced and
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structures shall not be occupied until improvements required by this chapter are
satisfactorily completed.
B. Change, Enlargement, or Intensification of Use. Changes in use and enlargement or
intensification of an existing use shall require compliance with the off-street parking
requirements of this chapter, except as allowed in Chapter 21.38 (Nonconforming Uses
and Structures).
21.40.030 Requirements for Off-Street Parking
A. Parking Required To Be On-Site. Parking shall be located on the same lot or
development site as the uses served, except for the following:
1. Townhouses and Multi-Tenant Uses. Where parking is provided on another lot
within the same development site, the parking shall be located within two hundred
(200) feet of the units they are intended to serve.
2. Off-Site Parking Agreement. Parking may be located off-site with the approval of
an off-site parking agreement.
B. Permanent Availability Required. Each parking and loading space shall be permanently
available and maintained for parking purposes for the use it is intended to serve. The
Director may authorize the temporary use of parking or loading spaces for other than
parking or loading in conjunction with a seasonal or intermittent use.
C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and
landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light
standards, and all other facilities shall be permanently maintained in good condition.
D. Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a
private street, parking lot, or private property for the primary purpose of displaying the
vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is
appropriately zoned, and the vendor is licensed to transact a vehicle sales business at that
location.
E. Calculation of Spaces Required.
1. Fractional Spaces. Fractional parking space requirements shall be rounded up to
the next whole space.
2. Bench Seating. Where bench seating or pews are provided, eighteen (18) linear
inches of seating shall be considered to constitute a separate or individual seat.
3. Gross Floor Area. References to spaces per square foot are to be calculated on
the basis of gross floor area unless otherwise specified.
4. Net Public Area.
the public within an eating and/or drinking establishment, excluding kitchens,
restrooms, offices pertaining to the use, and storage areas.
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5.Spaces per Occupant. References to spaces per occupant are to be calculated
on the basis of maximum occupancy approved by the City of Newport Beach Fire
Department.
6.Spaces Required for Multiple Uses. If more than one use is located on a site, the
number of required off-street parking spaces shall be equal to the sum of the
requirements prescribed for each use.
F.Nonconforming Parking and Loading. Land uses and structures that are
nonconforming due solely to the lack of off-street parking or loading facilities required by
this chapter shall be subject to the provisions of Section 21.38.060 (Nonconforming
Parking).
21.40.040 Off-Street Parking Spaces Required.
Off-street parking spaces shall be provided in compliance with Table 21.40-1. Where the
off-street parking spaces required is established by a coastal development permit, the review
authority shall require sufficient data, including a parking demand study, from the applicant in
order to make this determination. These standards shall be considered the minimum required to
preserve the public health, safety, and welfare, and more extensive parking provisions may be
required by the review authority in particular circumstances. Unless otherwise noted parking
requirements are calculated based on gross floor area.
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Industry, Manufacturing and Processing, Warehousing Uses
Food Processing 1 per 2,000 sq. ft.
Handicraft Industry 1 per 500 sq. ft.
Industry
Small 5,000 sq. ft. or less 1 per 500 sq. ft.
Large Over 5,000 sq. ft. 1 per 1,000 sq. ft.
Industry, Marine-Related 1 per 750 sq. ft.
Personal Storage (Mini Storage)
2 for resident manager, plus
additional for office as required by
coastal development permit
Research and Development 1 per 500 sq. ft.
Warehousing and Storage
1 per 2,000 sq. ft., plus one per 350
sq. ft. for offices. Minimum of 10
spaces per use
Wholesaling 1 per 1,000 sq. ft.
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Recreation, Education, and Public Assembly Uses
Assembly/Meeting Facilities 1 per 3 seats or one per 35 sq. ft.
used for assembly purposes1
Commercial Recreation and Entertainment As required by coastal development
permit
Cultural Institutions 1 per 300 sq. ft.
Schools, Public and Private As required by coastal development
permit
Residential Uses
Accessory Dwelling Units 1 per unit; a minimum of 2 covered
per site.
Single-Unit Dwellings Attached 2 per unit in a garage
Single-Unit Dwellings Detached and less than 4,000 sq.
ft. of floor area 2 per unit in a garage
Single-Unit Dwellings Detached and 4,000 sq. ft. or
greater of floor area 3 per unit in a garage
Single-Unit Dwellings Balboa Island 2 per unit in a garage
Multi-Unit Dwellings 3 units
2 per unit covered, plus guest
parking;
1 2 units, no guest parking required
3 units, 1 guest parking space
Multi-Unit Dwellings 4 units or more 2 per unit covered, plus 0.5 space per
unit for guest parking
Two-Unit Dwellings 2 per unit; 1 in a garage and 1
covered or in a garage
Live/Work Units 2 per unit in a garage, plus 2 for
guest/customer parking
Senior Housing Market rate 1.2 per unit
Senior Housing Affordable 1 per unit
Retail Trade Uses
Appliances, Building Materials, Home Electronics,
Furniture, Nurseries, and Similar Large Warehouse-type
Retail Sales and Bulk Merchandise Facilities
1st 10,000 sq. ft.1 space per 300
sq. ft.
Over 10,000 sq. ft.1 space per 500
sq. ft.
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Plus 1 per 1,000 sq. ft. of outdoor
merchandise areas
Food and Beverage Sales 1 per 200 sq. ft.
Marine Rentals and Sales
Boat Rentals and Sales 1 per 1,000 sq. ft. of lot area, plus 1
per 350 sq. ft. of office area
Marine Retail Sales 1 per 250 sq. ft.
Retail Sales 1 per 250 sq. ft.
Shopping Centers 1 per 200 sq. ft. See Section
21.40.050
Service Uses Business, Financial, Medical, and Professional
Convalescent Facilities 1 per 3 beds or as required by coastal
development permit
Emergency Health Facilities 1 per 200 sq. ft.
Financial Institutions and Related Services 1 per 250 sq. ft.
Hospitals 1 per bed; plus 1 per resident doctor
and 1 per employee.
Offices*Business, Corporate, General, Governmental
First 50,000 sq. ft. 1 per 250 sq. ft. net floor area
Next 75,000 sq. ft. 1 per 300 sq. ft. net floor area
Floor area above 125,001 sq. ft. 1 per 350 sq. ft. net floor area
* Not more than 20% medical office uses.
Offices Medical and Dental Offices 1 per 200 sq. ft.
Outpatient Surgery Facility 1 per 250 sq. ft.
Service Uses General
Adult-Oriented Businesses 1 per 1.5 occupants or as required by
coastal development permit
Ambulance Services 1 per 500 sq. ft.; plus 2 storage
spaces.
Animal Sales and Services
Animal Boarding/Kennels 1 per 400 sq. ft.
Animal Grooming 1 per 400 sq. ft.
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Animal Hospitals/Clinics 1 per 400 sq. ft.
Animal Retail Sales 1 per 250 sq. ft.
1 per 1,000 sq. ft.
Catering Services 1 per 400 sq. ft.
Care Uses
Adult Day Care Small (6 or fewer) Spaces required for dwelling unit only
Adult Day Care Large (7 or more)
2 per site for drop-off and pick-up
purposes (in addition to the spaces
required for the dwelling unit)
Child Day Care Small (6 or fewer) Spaces required for dwelling unit only
Child Day Care Large (9 to 14)
2 per site for drop-off and pick-up
purposes (in addition to the spaces
required for the dwelling unit)
Day Care General
1 per 7 occupants based on
maximum occupancy allowed per
license
Residential Care General (7 to 14) 1 per 3 beds
Eating and Drinking Establishments
Accessory (open to public)
1 per each 3 seats or 1 per each 75
sq. ft. of net public area, whichever is
greater
Bars, Lounges, and Nightclubs
1 per each 4 persons based on
allowed occupancy load or as
required by coastal development
permit
Food Service with/without alcohol, with/without late
hours
1 per 30 50 sq. ft. of net public area,
including outdoor dining areas 25% of
the interior net public area or 1,000
sq. ft., whichever is less. See Section
21.40.060
Food Service Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft.
for outdoor dining areas
Take-Out Service Limited 1 per 250 sq. ft.
Emergency Shelter
1 per 4 beds plus 1 per staff; and if
shelter is designed with designated
family units then 0.5 parking space
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
per bedroom designated for family
units
Funeral Homes and Mortuaries 1 per 35 sq. ft. of assembly area
Health/Fitness Facilities
Small 2,000 sq. ft. or less 1 per 250 sq. ft.
Large Over 2,000 sq. ft. 1 per 200 sq. ft.
Laboratories (medical, dental, and similar) 1 per 500 sq. ft.
Maintenance and Repair Services 1 per 500 sq. ft.
Marine Services
Boat Storage Dry 0.33 per storage space or as required
by coastal development permit
Boat Yards As required by coastal development
permit
Dry Docks 2 per dry dock
Entertainment and Excursion Services 1 per each 3 passengers and crew
members
Marine Service Stations As required by coastal development
permit
Sport Fishing Charters 1 per each 2 passengers and crew
members
Water Transportation Services Office 1 per 100 sq. ft., minimum 2 spaces
Personal Services
Massage Establishments 1 per 200 sq. ft. or as required by
coastal development permit
Nail Salons 1 per 80 sq. ft.
Personal Services, General 1 per 250 sq. ft.
Studio (dance, music, and similar) 1 per 250 sq. ft.
Postal Services 1 per 250 sq. ft.
Printing and Duplicating Services 1 per 250 sq. ft.
Recycling Facilities
Collection Facility Large 4 spaces minimum, but more may be
required by the review authority
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Collection Facility Small As required by the review authority
Visitor Accommodations
Bed and Breakfast Inns 1 per guest room, plus 2 spaces
Hotels and accessory uses As required by coastal development
permit
Motels 1 per guest room or unit
Recreational Vehicle Parks As required by coastal development
permit
Time Shares As required by coastal development
permit
Transportation, Communications, and Infrastructure Uses
Communication Facilities 1 per 500 sq. ft.
Heliports and Helistops As required by coastal development
permit
Marinas 0.75 per slip or 0.75 per 25 feet of
mooring space
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
Office Only 1 per 250 sq. ft.
Limited
1 per 300 sq. ft., plus 1 per rental
vehicle (not including bicycles and
similar vehicles)
Vehicle/Equipment Rentals and Sales 1 per 1,000 sq. ft. of lot area
Vehicles for Hire
1 per 300 sq. ft., plus 1 per each
vehicle associated with the use and
stored on the same site
Vehicle Sales, Office Only 1 per 250 sq. ft., plus 1 as required by
DMV
Vehicle/Equipment Repair (General and Limited) 1 per 300 sq. ft. or 5 per service bay,
whichever is more
Vehicle/Equipment Services
Automobile Washing
1 per 200 sq. ft. of office or lounge
area; plus queue for 5 cars per
washing station
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TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Service Station 1 per 300 sq. ft. or 5 per service bay,
whichever is more; minimum of 4
Service Station with Convenience Market 1 per 200 sq. ft., in addition to 5 per
service bay
Vehicle Storage 1 per 500 sq. ft.
Other Uses
Caretaker Residence 1 per unit
Special Events As required by Chapter 11.03
Temporary Uses
As required by the coastal
development permit in compliance
with Chapter 21.52
1. The 1 per 3 seats standard should be used for areas with fixed setting and the 1 per 35 sq. ft. standard should be used for
areas with no fixed seating.
21.40.045 Bicycle Parking for Non-residential Developments
A.Applicability. The bicycle parking standards of this section shall be required for new
non-residential developments with gross floor areas of ten thousand (10,000) square feet
or more.
B.Number Required. Five (5) percent of the number of off-street parking spaces required.
C.Design Requirements. For each bicycle parking space required, a stationary object shall
be provided to which a user can secure the bicycle with a user-provided cable and lock.
The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket.
21.40.050 Parking Requirements for Shopping Centers
A. An off-street parking space requirement of one space for each two hundred (200) square
feet of gross floor area may be used for shopping centers meeting the following criteria:
1. The gross floor area of the shopping center does not exceed 100,000 square feet;
and
2. The gross floor area of all eating and drinking establishments does not exceed
fifteen (15) percent of the gross floor area of the shopping center.
B. Individual tenants with a gross floor area of ten thousand (10,000) square feet or more
shall meet the parking space requirement for the applicable use in compliance with
Section 21.40.040 (Off-Street Parking Spaces Required).
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C. Shopping centers with gross floor areas in excess of 100,000 square feet or with eating
and drinking establishments occupying more than fifteen (15) percent of the gross floor
area of the center shall use a parking requirement equal to the sum of the requirements
prescribed for each use in the shopping center.
21.40.060 Parking Requirements for Food Service Uses
A. Establishment of Parking Requirement. The applicable review authority shall establish
the off-street parking requirement for food service uses within a range of one space for
each thirty (30) to fifty (50) square feet of net public area based upon the following
considerations:
1. Physical Design Characteristics.
a. The gross floor area of the building or tenant space;
b. The number of tables or seats and their arrangement;
c. Other areas that should logically be excluded from the determination of net
public area;
d. The parking lot design, including the use of small car spaces, tandem and
valet parking and loading areas;
e. Availability of guest dock space for boats; and
f. Extent of outdoor dining.
2. Operational Characteristics.
a. The amount of floor area devoted to live entertainment or dancing;
b. The amount of floor area devoted to the sale of alcoholic beverages;
c. The presence of pool tables, big screen televisions or other attractions;
d. The hours of operation; and
e. The expected turnover rate.
3. Location of the Establishment.
a. In relation to other uses and the waterfront;
b. Availability of off-site parking nearby;
c. Amount of walk-in trade; and
d. Parking problems in the area at times of peak demand.
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B.Conditions of Approval. If during the review of the application, the review authority uses
any of the preceding considerations as a basis for establishing the parking requirement,
the substance of the considerations shall become conditions of the permit application
approval and a change to any of the conditions will require an amendment to the permit
application, which may be amended to establish parking requirements within the range as
noted above.
21.40.070 Development Standards for Parking Areas
Parking areas shall be developed in compliance with the following requirements.
A.Parking Space Standards. Parking spaces shall be designed to provide have adequate
dimensions, clearances, and access to insure their use.
B.Alley Access. Development on lots or parcels with alley access shall be designed such
that access to on-site parking spaces is accessed by the abutting alley.
1.Exceptions. The reviewing authority may grant an exception on lots:
a. Where the width of the abutting alley is not sufficient to provide
maneuvering space for access; or
b. Where the provision of access by abutting streets would not result in the
loss of on-street parking spaces.
C.Driveways. Project and subdivision designs shall minimize the number of curb cuts for
driveways. Existing curb cuts shall be closed to create public on-street parking wherever
feasible.
D.Parking Configuration/Management. Parking configurations and/or parking
management programs that are difficult to maintain and enforce shall not be permitted.
21.40.110 Adjustments to Off-Street Parking Requirements
The number of parking spaces required by this chapter may be reduced only in compliance with
the following standards and procedures.
A.Reduction of Required Off-Street Parking. Off-street parking requirements may be
reduced as follows:
1.Reduced Parking Demand. Required off-street parking may be reduced in
compliance with the following conditions:
a. The applicant has provided sufficient data, including a parking study if
required by the Director, to indicate that parking demand will be less than
the required number of spaces or that other parking is available (e.g., City
parking lot located nearby, on-street parking available, greater than normal
walk in trade, mixed-use development); and
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b. A parking management plan shall be prepared in compliance with
subsection (C) of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required off-street parking may be reduced
where two or more nonresidential uses on the same site or immediately adjacent
sites have distinct and differing peak parking demands (e.g., a theater and a bank).
The review authority may grant a joint use of parking spaces between the uses that
results in a reduction in the total number of required parking spaces.
C. Parking Management Plan. When a parking management plan to mitigate impacts
associated with a reduction in the number of required parking spaces is required by this
chapter, the parking management plan may include, but is not limited to, the following
when required by the review authority:
1. Restricting land uses to those that have hours or days of operation so that the
same parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off-site parking;
4. Providing parking attendants and valet parking; and
5. Other appropriate mitigation measures.
D. Required Data. In reaching a decision to allow a reduction of required parking spaces, the
review authority shall consider data submitted by the applicant or collected/prepared at
the
E. Impact to Coastal Access Prohibited. No application for a reduction in the number of
off-street parking requirements shall be approved that impacts public parking available for
coastal access.
21.40.120 Parking Management Districts
Properties within a parking management district may be exempted from all or part of the off-street
parking requirements of this chapter in compliance with the provisions of the adopted parking
management district plan.
21.40.130 In-Lieu Parking Fee
The number of parking spaces required by Section 21.40.040 (Off-Street Parking Spaces
Required) may be reduced if the review authority authorizes the use of an in-lieu fee to be paid by
the applicant towards the development of public parking facilities. The in-lieu fee shall be paid to
the Citywide Parking Improvement Trust Fund. The amount of the fee and time of payment shall
be established by Council resolution.
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21.40.145 Preferential Parking Zones
A.Establishment. The City Council may designate, by ordinance, certain residential
streets or alleys or any portions thereof, as preferential parking zones for the benefit of
residents adjacent thereto, in which zone vehicles displaying a permit or other authorized
indicia may be exempt from parking prohibitions or restrictions otherwise posted, marked
or noticed.
B.Coastal Development Permit Required. A coastal development permit approved by
the City Council shall be required to establish a new or modify an existing preferential
parking zone in the Coastal Zone.
C.Establishment of Preferential Parking Zones. Each preferential parking zone shall be
designated only upon the City Council finding:
1. That such zone is required to enhance or protect the quality of life in the area of the
proposed zone threatened by noise, traffic hazards, environmental pollution or
devaluation of real property resulting from long-term nonresidents parking, that
such zone is necessary to provide reasonably available and convenient parking for
the benefit of the adjacent residents; and
2. That the proposed zone is desirable to alleviate traffic congestion, illegal parking
and related health and safety problems; and
3. That the establishment of the preferential parking zone will not have a direct impact
to coastal access.
D.Criteria for Determination of Findings. The findings referred to in Subsection (C) shall
be based upon the following criteria, supported by substantial evidence in the record and
established to the satisfaction of the City Council:
1. The parking in the area by nonresidents does substantially and regularly interfere
with the use of the majority of the available public street or alley parking spaces by
adjacent residents;
2. That the interference by the nonresidents parking referred to above occurs at
regular and significant daily or weekly intervals;
3. That nonresidents parking is a source of unreasonable noise, traffic hazards,
environmental pollution or devaluation of real property in the area of the proposed
zone;
4. That the majority of households and property owners adjacent to the proposed
zone desire, agree to or request preferential parking privileges;
5. That no unreasonable displacement of nonresident vehicles will occur in
surrounding residential areas;
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6. That public rights of access to, and along the shoreline and coastal blufftops are
not directly impacted, including impacts to the use and capacity of public parking;
7. That consideration was given to the availability of, and opportunities for, alternative
modes of transportation;
8. That a shortage of reasonably available and convenient residentially related
parking spaces exists in the area of the proposed zone; and
9. That no alternative solution is feasible or practical.
E.Periodic Review. Coastal development permits establishing preferential parking zones
shall be periodically reviewed and, if necessary, modified, to insure that the criteria used to
establish the preferential parking zone reflect current conditions.
F.Parking Permits.
1.Number. A maximum of four (4) annual permits for preferential parking may be
issued for each qualified dwelling unit to any qualified applicant.
2.Fees. Permit fees shall be established by resolution of the City Council and shall
be progressive for dwelling units with multiple permits.
3.Use of Funds. Permit fees collected for preferential parking in the Coastal Zone
shall be deposited into a special fund to be used to fund programs to mitigate
impacts to coastal access and parking facilities.
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