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USE PERMIT NO. UP2007-016 (PA2007-122) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Staff Person: Javier S. Garcia,
644-3206 |
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Appeal Period: 14 days after approval
date |
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July 25, 2007
Daniel A. Head
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Application: |
Planning
Director’s Use Permit No. UP2007-016 (PA2007-122) |
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Applicant: |
Daniel A. Head |
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Site Address: |
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Legal Description: |
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Request as Approved: To allow the
establishment of a 965 square foot, personal improvement facility
specializing in yoga. The facility will be located on the ground floor in an
existing commercial tenant space. No massage services are proposed with this
application. The property is located in the SP-5 (Mariner’s Mile Specific Plan) District. |
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Director’s Action Approved
– July 25, 2007
Application
Request
The Planning
Director in approving this application analyzed the proposal with regard to
parking requirements, hours of operation and noise. The detailed analysis can
be found in the attached appendix. In consideration of those aspects, the
Planning Director determined in this case that the proposal would not be
detrimental to persons, property or improvements in the neighborhood and that
the use permit as approved would be consistent with the legislative intent of
Title 20 of the Newport Beach Municipal Code, and made the following findings:
FINDINGS
1.
The property is designated for “Retail and Service
Commercial” use by the Land Use Element of the General Plan (and the Local
Coastal Program). The health/fitness facility is a permitted use within that
designation.
2.
This project has been reviewed, and it has been
determined that it is categorically exempt from the requirements of the
California Environmental Quality Act under Class 1 (Existing Facilities).
3.
That the approval of Planning Director’s Use Permit No.
UP2007-016 will not, under the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons:
·
The
proposed use is a support use for the residential, office and commercial uses
in the area.
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The health and fitness facility, based on its limited
class size, will have a parking demand that can be adequately accommodated by
the existing available pool of parking. The anticipated peak demand periods
will not generally conflict with the peak demands of the other remaining uses
on-site, more specifically the food service and commercial uses on-site.
·
The
noise impacts on the nearby residential uses have been addressed by the
limitation on the hours of operation (closing hour restriction) and the requirement that the doors and windows remain
closed during the business hours of the establishment (when noise is generated)
and the performance of the individual and small group class instruction
sessions, which should prevent any potential noise complaints.
CONDITIONS
1.
Development
shall be in substantial conformance with the approved site plan and floor plan,
except as noted in the following conditions.
2.
The class size and hours of operation of the facility
shall be limited as follows and any increase in the class size or hours of
operation shall be subject to the approval of an amendment to this use permit:
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Hours: |
Facility: between 6:00 a.m. and 10:00 p.m. daily |
Classes: One-on-one instruction and an average class size of
5 persons (no more then 10 persons maximum) during the day before 5:00 p.m.
and Maximum of 13 persons after 5:00 p.m. (any combination of students and instructors) |
3.
The
doors and windows shall remain closed at all times that the facility is open
for business during periods that noise is generated by the proposed use.
4.
The operator of the health and fitness facility shall be
responsible for the control of noise generated by the subject facility. The noise generated by the proposed
use shall comply with the provisions of Chapter 10.26 of the Newport Beach
Municipal Code. The sound emanating from the facility shall be limited to no
more than depicted below for the specified time periods:
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Between the hours of 7:00 a.m. and 10:00 p.m.; |
Between the hours of 10:00 p.m. and 7:00 a.m. |
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Measured at the property
line of Commercially zoned
property: |
65 dBA |
60 dBA |
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Measured at the property
line of Residentially zoned
property: |
60 dBA |
50 dBA |
5.
That at least one parking space for each 250 sq. ft. of
gross floor area shall be provided and maintained for the proposed facility
during the operation (4 spaces minimum).
6.
Employees shall park on-site at all times.
7.
No outside paging system or sound system shall be
utilized in conjunction with this establishment.
8.
If this business is sold or otherwise comes under
different ownership, any future owners or assignees shall be notified of the
conditions of this approval by the current business owner, property owner or
leasing company.
9.
No temporary "sandwich" signs, balloons or
similar temporary signs shall be permitted, either on-site or off-site, to
advertise the health and fitness facility, unless specifically permitted in
accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall
be prohibited in the public right-of-way, unless otherwise approved by the
Public Works Department in conjunction with the issuance of an encroachment
permit or encroachment agreement.
1.
All signs shall conform to the provisions of Chapter
20.67 of the Municipal Code and shall only advertise and identify the primary
use of the facility.
2.
The project shall comply with State Disabled Access
requirements.
3.
The facility shall be designed to meet exiting and fire
protection requirements as specified by the Uniform Building Code and shall be
subject to review and approval by the Building Department.
4.
The Planning Director or the Planning Commission may add
to or modify conditions of approval to this use permit, or recommend to the
City Council the revocation of this permit upon a determination that the
operation which is the subject of this approval causes injury, or is
detrimental to the health, safety, peace, morals, comfort, or general welfare
of the community.
5.
This approval shall expire unless exercised within 24
months from the end of the appeal period, in accordance with Section 20.91.050
of the Newport Beach Municipal Code.
APPEAL PERIOD
The decision of the Planning Director may be appealed by the applicant
or any interested party to the Planning Commission within 14 days of the
decision date. Any appeal filed shall be accompanied by a filing fee of $600.00.
On behalf of Planning Director David Lepo,
Zoning Administrator Javier S. Garcia, AICP
Attachments: Appendix
Vicinity
Map
Site Plan, Floor Plan and Elevations
property owner:
Ned McCune
APPENDIX
Comparison of Proposed and Previous Operation
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Proposed Operation |
As a Retail/Office Use |
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Subject Tenant
Space: |
965
sq.ft. |
965
sq.ft. |
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Hours: Proposed
by Applicant and as recommended by Staff: |
6:00 a.m.
to 10:00 p.m. daily |
Typically, 8:00 a.m.
to 5:00 p.m. (M-F) |
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Maximum
Class Size: Number of
Sessions: Staff Recommendation: |
2
students primarily
one-on-one sessions proposed (4 to 5
or more sessions per day) limited to
one-on-one sessions and an average class size of 5 persons during the day
before 5:00 p.m. and maximum
13 persons after 5:00 p.m. (any
combination of students and instructors) |
N/A |
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Employees: |
3 at any
one time (1 for each instruction session) |
4[1] |
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Tenant
Gross Area (sq. ft.) |
965
sq.ft. |
965
sq.ft. |
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Parking
Available: |
Daytime 145
spaces |
Nighttime 145
spaces |
Daytime 145
spaces |
Nighttime 145
spaces |
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Required
Parking: Subject
use: |
Daytime 4 spaces (@ 1 for
each employee) |
Nighttime 4 spaces (@ 1 for
each employee) |
Daytime 4 spaces @ one per
250 sq. ft. of g.f.a. |
Nighttime 4 spaces @ one per
250 sq. ft. of g.f.a. |
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Staff Recommendation: |
Daytime 4 parking
spaces, maintain
on-site parking and limit class size to one-on-one sessions and group classes
with an average size of 5 persons (student and instructors) during the midday
daytime hours |
Nighttime 4 parking
spaces, maintain
on-site parking and limit class size to 13 persons (students and instructors)
or on a one-on-one basis during the evening hours after 5:00 p.m. |
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Off-Street Parking
The commercial center in which the
project is proposed provides an adjacent parking area with 145 parking spaces.
Observations of the site over the years have consistently found a surplus of
parking at various times during the business day. This may be attributed to the
varying types of retail and commercial uses that occupy the shopping center and
their varying hours of peak demand.
The Zoning Ordinance does not
establish a specific off-street parking requirement for private instructional
facilities or health and fitness clubs. Staff has recommended and the applicant
has agreed to limit the daytime sessions to one-on-one sessions and class size
with an average of 5 persons during the daytime hours. After 5:00 pm the
instruction sessions may be increased to a total of 13 persons in the tenant space for all activities. The pool of
available parking for the commercial center will adequately accommodate this
increase in session size since a portion of the commercial uses close at 5:00
pm (i.e., the commercial office and retail uses).
Hours of Operation
The applicant has indicated that the
hours of operation are 6:00 am to 10:00 pm daily. The latest sessions are
generally finished by 9:00 pm. Staff has recommended a closing hour of 10:00 pm
for the facility. This will adequately address the needs of the facility.
Noise Concerns
The early sessions have the greatest
potential to create adverse noise impacts with neighboring or nearby
residential uses. In order to prevent
potential noise problems, staff has recommended that the doors of the facility
remain closed at all times during periods that noise is generated by the
proposed use. This is especially critical during the early morning sessions.
Music is generally not utilized during training sessions, but if utilized the
volume will be limited. Staff believes that the noise issues are adequately
addressed by the recommended conditions of approval which include strict
compliance with the Noise Ordinance of the Municipal Code and restrict hours of
operation. Should noise complaints occur, Standard Requirement No. 4 allows the
Planning Director or the Planning Commission to add or modify conditions of
approval to address the problem.
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