HomeMy WebLinkAboutZA2015-021 - MINOR USE PERMIT FOR FITNESS FACILITY LARGER THAN 2,000 SQUARE FEET (UNIT R-103) - 100 Coast Hwy W RESOLUTION NO. ZA2015-021
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-010 FOR A YOGA FACILITY LOCATED AT 100 W.
COAST HIGHWAY (PA2015-042)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ritual Yoga Arts, LLC., with respect to property located at 100
W. Coast Highway, and legally described as PCL 1, Parcel Map 2010-133 requesting
approval of a Minor Use Permit.
2. The applicant proposes a yoga facility within a 3,580-square-foot vacant commercial
space located within the Mariner's Pointe shopping center. The facility includes a yoga
studio, retail sales, locker rooms, a reception and a lobby with prepackaged beverages.
3. The subject property is located within the Commercial General (CG) Zoning District and
the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on April 30, 2015, 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. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 under Class 1 (Existing Facilities) of the Implementing Guidelines of the
California Environmental Quality Act.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves interior alterations to
improve an existing commercial space to an eating and drinking establishment.
3. A Mitigated Negative Declaration (SCH No. 2011041038) was prepared for the
development of the shopping center in accordance with the implementing guidelines of
the California Environmental Quality Act (CEQA) and approved by the City Council on
August 9, 2011.
Zoning Administrator Resolution No. ZA2015-021
Page 2 of 6
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following
findings and facts in support of such 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 the site is CG (General Commercial)
which is intended to provide for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs. The proposed use is consistent with
this designation.
2. The subject property is not part of a specific plan area.
Finding
8. 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 site is within the CG (Commercial General) Zoning District which is intended to
provide for areas appropriate for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs. The proposed yoga facility is
consistent with the land uses permitted within this zoning district and the conditions
of approval will ensure that the use is compatible with the adjacent residential
areas.
2. Pursuant to Section 20.20.020 (Table 2-5 - Allowed Uses and Permit
Requirements), the proposed project requires approval of a minor use permit.
3. The health club use requires a parking ratio of 1 space per 200 square feet of
gross floor area. Including a proportionate share of the building service area, the
gross square footage of the suite is 3,916 square feet, resulting in a total parking
requirement of 20 spaces. These spaces are provided within the on-site parking
structure.
4. The Updated Shared Parking Analysis — Mariner's Pointe, dated March 25, 2015,
has been prepared and approved by the Community Development Department to
evaluate the on-site parking supply versus the demand that will occur for parking
throughout the day based on the current anticipated mix of uses and operational
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Zoning Administrator Resolution No. ZA2015-021
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characteristics, including the proposed yoga facility. The updated shared parking
analysis indicates that because of the different peak hours of operation of the
assumed mix of tenants, not all of the uses within the project will require their full
allotment of parking spaces at the same time. The analysis indicates that the total
parking required has two (2) separate peaks: 1) one (1) peak during the early
afternoon with a total demand for 117 parking spaces at 1:00 p.m.; and 2) a second
peak in the early evening with a total demand of 134 parking spaces at 6:00 p.m.
Therefore, there is an anticipated surplus of nine (9) spaces based on the shared
parking analysis.
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 proposed project involves improvements within an existing commercial
suite to construct a yoga studio, locker rooms and a reception and lobby area.
2. The proposed operation will include an average of six (6) classes per day with a
maximum class capacity of thirty-five (35) students.
3. The proposed yoga facility will be complementary to the other uses in the
Mariner's Pointe shopping center, which will include retail stores, food services,
and other commercial uses. It contributes to making the shopping center a
viable commercial node for the neighborhood and visitors.
4. The proposed yoga facility will provide a service for residents of the
neighborhood and visitors to the area and provides adequate parking within the
parking structure on-site.
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 proposed project will be located in a space within a recently built
commercial building and will involve improvements of the space to construct the
yoga studio, locker rooms, a reception and lobby area. There are no proposed
changes to the site or the exterior fagade of the building.
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Zoning Administrator Resolution No. ZA2015-021
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2. Adequate public and emergency vehicle access, public services, and utilities
are provided on-site and are accessed from West Coast Highway and Dover
Drive.
3. The tenant improvements, including the locker rooms, will comply with all
Building, Public Works, and Fire Codes
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 project has been reviewed and this approval includes conditions to ensure
that potential conflicts with the surrounding land uses 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 in
parking areas, sidewalks, and areas surrounding the subject property and
adjacent properties during business hours, if directly related to the patrons of the
establishment.
2 The proposed yoga facility will help the new commercial building establish as a
commercial center that serves the surrounding community as well as providing
a service to visitors to the area.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Application No.
UP2015-010, 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 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 301h DAY OF APRIL, 2015.
re d Wisneski, Al P, Zoning Administrator
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Zoning Administrator Resolution No. ZA2015-021
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans including seating plan, and building elevations stamped and dated with the date of
this approval. (Except as modified by applicable conditions of approval.)
2. Use Permit No. UP2015-010 shall expire unless exercised within twenty-four(24) months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval,
4. Prior to implementation of this use permit, all revisions for the shell of the commercial
building regarding the subject tenant space shall be permitted and completed.
5. Parking shall be provided at one (1) space per 200 square feet of gross floor area.
6. 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.
7. 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 is 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 Minor Use Permit or the
processing of a new Use Permit.
9. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00 a.m. Between the hours of 10:00
and 10:00 p.m. p.m. and 7:00 a.m.
Location Interior Exterior Interior Exterior
Residential property 45dBA 55dBA 40dBA 50dBA
Residential property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercialprop
ro ert
Mixed use property 45dBA 60dBA 45dBA 50dBA
Commercial property N/A 65dBA N/A 60dBA
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Zoning Administrator Resolution No. ZA2015-021
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10. 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.
11. 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.
12. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Ritual Yoga MUP including, but not limited to, Minor
Use Permit No. UP2015-010 (PA2015-042). 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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