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HomeMy WebLinkAboutZA2025-058 - APPROVING A MINOR USE PERMIT AND STAFF APPROVAL FOR AN INDOOR CUE SPORTS CLUB (LARGE HEALTH/FITNESS FACILITY), LOCATED AT 4229 BIRCH STREET, SUITE 175 & 180 (PA2025-0134)RESOLUTION NO. ZA2025-058 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT AND STAFF APPROVAL FOR AN INDOOR CUE SPORTS CLUB (LARGE HEALTH/FITNESS FACILITY), LOCATED AT 4229 BIRCH STREET, SUITE 175 & 180 (PA2025- 0134) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Amirhessam Samadaghaei (Applicant) with respect to property located at 4229 Birch Street, Suite 175 & 180 and legally described as the Parcel 2 of Tract 5169 (Property), seeking approval of a minor use permit and staff approval. 2. The Applicant requests a minor use permit to allow an indoor cue sports club (Large Health/Fitness Facility – Over 2,000 square feet) within an existing 5,200-square-foot commercial tenant space. The club is membership-based and focuses on the coaching and development of various indoor cue sports. The applicant is proposing minor modifications to the interior of space. No late hours (after 11:00 p.m.) or alcohol service are proposed. Additionally, the Applicant requests a staff approval to reduce the off- street parking requirement by 14% in order to accommodate the use with the existing parking supply on-site (Project). 3. The Property is categorized Airport Office and Supporting Uses (AO) by the General Plan Land Use Element and is within the Office-Airport (OA) Zoning District. 4. The Property is not located in the coastal zone. 5. A public hearing was held on September 25, 2025, 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) 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. Zoning Administrator Resolution No. ZA2025-058 Page 2 of 9 3. The Project involves the establishment of a membership-based professional cue sports club within an existing tenant space in the OA (Office-Airport) zone and improvements are limited to minor tenant improvements within the existing building. The Project therefore qualifies for the Class 1 categorical exemption. 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 AO (Airport Office and Supporting Uses) land use designation of the General Plan Land Use Plan is intended to provide for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations including professional offices, retail, and service uses. The Project is consistent with the land use designation as identified in the General Plan. 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 OA (Office-Airport) Zoning District is intended to provide for the development of properties adjacent to the John Wayne Airport for uses that support or benefit from airport operations including professional offices, retail, and service uses. Large Health/Fitness Facilities (over 2,000 square feet) are specified as an allowed use within the OA zoning district, subject to a minor use permit. 2. The Project will provide a membership-based indoor cue-sports facility to train athletes focused on a variety of cue-sport disciplines. The Project does not include late hours (after 11:00 p.m.) and does not include alcohol service. The Project layout includes a lobby and reception area, a waiting area, restrooms, and 14 cue tables for the use of patrons. 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. Zoning Administrator Resolution No. ZA2025-058 Page 3 of 9 4. The Project includes a staff approval per NBMC Section 20.40.110 (D) (Reduction of Required Off-Street Parking by Director) for the reduction in required parking. Facts in support of Findings F through H are hereby incorporated by reference. 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 commercial building formerly occupied by a pharmaceutical laboratory and retail pharmacy. The property includes a 37-space parking lot on-site and is accessed from Birch Street. The design, size, location, and operating characteristics of the use are compatible with the surrounding existing land uses. 2. Project implementation will consist of a tenant improvement 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. Per the requirements of NBMC Section 20.40.040 (Off-Street Parking Spaces Required), the Project creates a deficiency in required parking. 37 spaces are provided on-site, where 43 spaces are required. Facts in support of Findings F through H, below, are hereby incorporated. 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 Birch Street. Public services and utilities are adequately provided 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. 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 Zoning Administrator Resolution No. ZA2025-058 Page 4 of 9 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 in a multi-tenant commercial building and the (OA) Office-Airport 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. Staff Approval Pursuant to Section 20.40.110(D) (Reduction of Required Off-Street Parking by Director) of the Newport Beach Municipal Code (NBMC), the Community Development Director may authorize a reduction of off-street parking by a maximum of 20% using a combination of the following: Finding: F. 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. Facts in Support of Finding: 1. The Applicant has provided a parking study prepared by Adler Consulting dated August 8, 2025, documenting that the Property’s existing shared parking lot sufficiently accommodates the Project and other existing uses within the Property. The existing commercial building includes an 1,850-square-foot vacant tenant space which previously was used as a retail pharmacy, a 4,674-square-foot vacant tenant space, which was previously used as a pharmaceutical laboratory, and the 5,200-square-foot tenant space where the Project is located. The parking study surveyed two other similar indoor cue sports facilities in other cities to evaluate their peak parking rates and demand. The study concludes that the surveyed peak demand is 1.1 vehicles per table. Since the Project includes 15 tables, the peak demand is 17 spaces, which is less than the 26 parking spaces required by the Zoning Code. Zoning Administrator Resolution No. ZA2025-058 Page 5 of 9 2. Since there are 37 onsite parking spaces on the Property and 43 spaces are required on site to accommodate the Project, the Applicant is requesting a reduction of six required parking spaces. The parking study supports this requested reduction, as the peak demand is 17 spaces, which is nine spaces less than the required parking for the Project. Finding: G. On-Site Bicycle Facilities. Required nonresidential off-street parking may be reduced where there is a demonstrated use of bicycles as a mode of transportation. The Director may reduce the number of required parking spaces by one space for every three bicycle parking spaces provided on the same site they serve, up to five percent of the total requirement in compliance with the following conditions: i. The applicant has provided sufficient evidence to substantiate that there exists a demand for bicycle parking; and ii. The bicycle parking spaces are located completely within the private property they serve. iii. An additional five percent reduction may be allowed when enhanced end-of-trip facilities are provided on the same site they serve, including, but not limited to, showers and locker facilities. Facts in Support of Finding: 1. The Applicant is not proposing to add bicycle parking to the property, but instead will include a single ride-share space. The Applicant has also provided a parking study to justify the requested 14% reduction of parking requirements. Finding: H. Space for Shared Mobility. Required nonresidential off-street parking may be reduced by up to ten percent in compliance with the following conditions: i. Exclusive of curb space needed for emergency access purposes (e.g., a fire lane), the development includes at least twenty linear and contiguous feet of on-site dedicated curb-space located entirely on private property; or ii. There is one off-street parking space designated and with proper signage for the use of shared-mobility vehicles and/or pick-up/drop-off located on private property and on the same site it is intended to serve. Fact in Support of Finding: 1. The Applicant is proposing one off-street parking space designated with proper signage for the use of rideshare. It is located to the north corner of the Property directly adjacent to the entrance of the suite and is in a convenient area for pick-up and drop-off. The rideshare space is located on private property in the center and intends to serve patrons for the various uses on the Property. SECTION 4. DECISION. Zoning Administrator Resolution No. ZA2025-058 Page 6 of 9 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), 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 and Staff Approval No. PA2025-0134 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 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 25th DAY OF SEPTEMBER 2025. ____________________________________ Liz Westmoreland, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2025-058 Page 7 of 9 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The Project shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. 5.The allowed hours of operation for this establishment shall be limited to the hours of 11:00 a.m. to 11:00 p.m., daily. 6.The sale, service, or consumption of alcohol shall not be permitted. 7.Live entertainment shall not be permitted. 8.No more than 14 cue tables shall be maintained on-site for patrons. 9. All proposed signs shall be in conformance with provisions of Chapter 20.42 (Sign Standards) of the NBMC and any future approved Comprehensive Sign Program. 10. The screening of roof-mounted and ground-mounted mechanical equipment shall be required in all zoning districts at the time of new installation or replacement in conformance with NBMC Section 20.30.020 (Buffering and Screening). 11. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable noise control requirements of the NBMC. 12. 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 leasing agent. Zoning Administrator Resolution No. ZA2025-058 Page 8 of 9 13. This Minor Use Permit and Staff Approval shall expire unless exercised within 24 months from the date of approval as specified in the NBMC Section 20.54.060 (Time Limits and Exceptions), unless an extension is otherwise granted. 14. This Minor Use Permit and Staff Approval 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. 15. 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. 16.A minimum of thirty-seven (37) onsite parking spaces shall be maintained on the Property. 17. Trash dumpsters and stored items blocking parking spaces shall be relocated to render all parking spaces available for the parking of vehicles. 18. 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. 19. 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. 20. 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. 21. 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). 22. 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. 23. 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 NBMC to require such permits. Zoning Administrator Resolution No. ZA2025-058 Page 9 of 9 24. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless the 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 Cue Zone including, but not limited to, Minor Use Permit and Staff Approval No. (PA2025-0134). 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 the 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. Building Division 25. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Fire Department 26. Prior to the issuance of a building permit, the Applicant shall provide occupancy analysis for the proposed tenant use complying with the 2022 California Fire Code. Any occupant load greater than 49 people shall require a second exit. 27. Prior to the issuance of a building permit, the Applicant shall provide exit analysis and identify the required second exit on the floor or egress plan. Public Works Department 28. The parking layout shall comply with City Standard 805. 29. Employees shall not park in the public right-of-way.