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3. PA-92-46 and RA-92-07 Report

Costa Mesa City Council
February 20, 2024

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3. PA-92-46 and RA-92-07 Report
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February 20, 2024
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Costa Mesa City Council
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PLANNINGDIVISIONSTAFFREPORT
SITELOCATION140 and 154 East 17th
AP # 425- 441- 08
APPLICANT Richard Massen
caner o ecord
ADDRESS 770 Hillcrest Drive # 13
Laguna Beach CA 92651
Applicantisremindedthatallordinancesandregulationsgoverningtheuseofthelandorbuilding(s) towhichthisappli- cationpertainsmustbecompliedwithwhetherspecifiedherein or not.

REQUEST:

Conditional UsePermitsto est
STAFFRECOMMENDATION:

AGENDA NO. _( p_. e
APPLICATION NO. PA- 92- 46/ RA-92- 07
MANDATORY ACTION DATE DeQambeq 1qg2
AUTHORIZED AGENT Scott Connelly_
ADDRESS_ 351 Hospital Road
NeWport Beach CA 92663
Gabriel Elliott
PREPARED BY Associate Planner
DATE PREPARED _ June 18, 1992
LAST UPDATE --- June 18, 1992
Menddenialto theRedevelopmentAgency.
ical fitness facility
Parking and off- site
FINALCOMMISSIONACTION: June22, 1992
ApprovedPA^92-46, basedonthefollowingFindings, subjecttoconditionscontainedInthePlanningDivisionStaffReportwithmodificationandadditionsaslistedbe- low; andrecommendedapprovalofRA -92-07totheRedevelopmentAgency, subjecttoconditions as modified:;

PLANNINGSTAFFFINDINGS
Conditional Use Permit

1. The information rese
Sectionnted substantially comlies with CostaMesaMunioin, i r„_,. 13- 347 in that rho o -,--- L vale
arkin i rantin thiswill not he detrimentalto the safer and eneral welfare or other npropertiesswithini

SEE ATTACHEDPAGE
APPLICANT NOTIFIED mq DATE A1na 94 7909
CITY OF COSTA MESA, 77 FAIR DRIVE, COSTA MESA, CA 92628- 1200 ( 714) 754- 5245Ftfirm, 0360- 30, Rev. 1/ 91
ATTACHMENT 3
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PA- 92- 46/ RA- 92- 07
PLANNING COMMISSSION MEETING OF JUNE 22, 1992

Page 2 ends

the immediate vicinity and will not allow a use, density or intensity, which is not in accordance with the General Plan designation for the property.

REDEVELOPMENT AGENCY

2. The proposed use is not consistent with the objectives of the Redevelopment Plan and will not be injurious to property or improvements in the area because conditions have been proposed to control parking through valet parking and occupancy limits.

CONDITIONS OF APPROVAL:

6. The number of members attending
a maximum of 80 plus staff of 24.

7. Any exterior lighting shall be

8. Valet parking service shall be
the club at one time shall be limited to
the Planning Division.
ing all hours of operation.
2- 1, Mr. Clarke voting no, Mr. Korando abstaining, Mr. Dunn absent) -2-

PLANNING ACTION SUMMARY
Location: 140 & 154 E. 17th St. Application: PA- 92- 46/ RA- 92- 07 SUBJECT PROPERTY: SURROUNDING PROPERTY:

Zone: C2 North: CL:( Acr. Cabrillo) Trlr PkGeneral Plan: General Commercial South: C2: Acr. 17th) CommLot Dimensions: 150• x309. 86•/ 150' x125, 27' East: C2/ CL: Comm./ ResidLot Area: 1. 49 acres West: C2: Commercial Existing Development: Abandoned Lumber Yard; Restaurant ( off- site)

DEVELOPMENT STANDARD COMPARISON
Development Standard
Lot Size
Lot Width
Lot Area
Building Coverage
Buildings
Paving
Open Space
TOTAL
Building Height
Setbacks
Front
Side ( left/ right)
Rear
Parking
Covered
Open
Standard Size)
Compact)
Handicapped)
TOTAL
Driveway Width
Interior Landscaping
Code Requirement
60'
12, 000 sq. ft.
19, 580sf/. 30 FAR --
2 stories/ 30'
20'
0'/ 15'
15'
on- site Off- site
141 0
106) 0)
35) 0)
0)
0)
141 0)

2. 200 sq. ft.

NA = Not Applicable or No Requirement
CEQA Status:

Final Action:

ABC Lumber site, only
Proposed/ Provided

1. 49 acres( 65 269sf)
Exisling 19,820 sf 30%)
Existing 31, 020 s( 48%)
Exirling 14 ,429 sf 22%)
liu, finc 65269, f
ExiAmk, 2 W,, wc / 23'
Existing 20'
0'/ 72'
Existing 95'
On- site Off- site
141 12
55) 16)
34) 4)
49)
48) Valet***
Existing 7, 871 sf
Under current code; 26, 107 sq. ft. would have been
applicable under prevailing conditions at time of approval.

Valet parking
-3-
APPL. PA - 92- 46
RA - 92- 07
PAGE 3
I. DESCRIPTION
A. Subject Property• Surrounding Property• and Request
See Planning Action Summary
B. Background
Zone Exception Permit ZE- 80- 146, and Lot Line Adjustment LL -80- 08 were approved by the Planning Commission on
October 13, 1980. The Commission also recommended
approval of Redevelopment Action RA - 80- 13 to the
Redevelopment Agency. RA -80- 13 was approved by the
agency on November 5, 1980.

The Zone Exception Permit was a Conditional Use Permit
request to operate a lumberyard and for compact parking stalls, with a Variance for reduction in parking. The
Lot Line Adjustment is to combine four parcels into one.

II. PROJECT DESCRIPTION
The abandoned 19, 820 sq. ft. lumberyard building is being proposed for renovation. A portion of it will be a tire store approx. 7, 500 sq, ft.), and another 1, 490 sq. ft. for a proposed retail outlet.

Although the proposed retail outlet will be considered under a separate permit, Staff has learned that food supplement products to be used by clients of the health club will
probably be sold there.

The portion of the building under this action is approximately10, 500 sq. ft. in area. This is to be used as a health club.

Approximately 8, 232 sq. ft. of the 10, 500 sq. ft. area is proposed work- out area. The remainder is for office,
reception, a conference room, and bathing facilities.

Because there are two other proposed uses at this location, adequate parking for each use becomes an issue.

To meet the parking demand for the health club, the applicant has proposed the use of valet parking as well as limited off- -4-
APPL. PA - 92- 46
RA - 92- 07
PAGE 4
site parking ( sevencompactstalls) on the property located at154 E. 17th Street. In addition, the proposal to remove an existing 2, 670sq. ft. woodbuilding at 154E. 17th Street willincrease the numberof parking spacesprovided on thatproperty by twelve spaces.

Becauseof a substantial changein use from a lumberyardto aretail and health club, a trip budget analysis must beconducted.

At the study session,
the applicant indicated that the
proposedhealth club is different from other health clubs inthat there are no group aerobic classes proposed, and therewould not be more than 50 members attending at once. The healthclub is involvedin a developmentandtesting programfor people between the ages of 30 and 70 years. This program involvesthe useof foodsupplementsin conjunctionwith freeweights and exercise equipment.

In a letter to the PlanningCommission dated June 17, 1992, Dr. Connelly, the proprietor of the health club, goes into the operational details of thehealth club as well as the successesof anotherof his healthclubs in the Bay Area.

Thepropertyis locatedin aRedevelopmentArea, necessitatingits review by the RedevelopmentAgency.

III. PLANNING STAFF ANALYSIS
Per Section 13- 209 of the Costa Mesa Municipal Code, a Conditional UsePermit is required for health andsports clubsin a commercial zone.

A Conditional Use Permit is also
requiredfor off- site parkingas well as the valet parking. In this particular case, however, there would have been a parking deficiency that would have necessitated a Variancewere valet parking not proposed.

Theproposedhealthclubwill occupyapproximately10,500sq. ft. of floor area and will require 105 parking spaces. Atotal of 141 spaces are required for the site, including theproposed tire company and retail outlet.

However,
there are only 88 parking spacesexisting on theproperty, per ZE- 80- 146.

To meet the current parking demand, a reconfiguration of the parking lot is proposed. -5-
APPL. PA - 92- 46
RA - 92- 07
PAGE 5
This reconfiguration will alter the existing parking andlandscaping layout of the site, provide additional compact parking stalls ( 34 in all),
close the westerly of the two
existing driveways on Cabrillo Street, and most importantly, institute a stratified valet parking area along CabrilloStreet to accommodate at least 48 cars. Seven additional parking spaces are also being provided on the adjacent
property.

Main access to the site will be from 17th Street ( south) and Cabrillo Street ( north), although there is possible access also from Fullerton Avenue ( east).

Because of the change in use from a lumberyard to a health club, a trip budget analysis was performed for the site. The following represents the findings:

EXISTING BUILDING AREA: 19, 820 SQ. FT./. 30 FAR
LOT SIZE: 65, 269 SQ. FT.

GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL
GENERAL PLAN MAX. FAR: . 30
TOTAL BUILDING AREA PER FAR: 19, 580 SQ. FT.

THEREFORE,
THE EXISTING BUILDING AREA MEETS THE GENERALPLANMAXIMUM FLOOR AREA RATIO.

PROPOSED USES FOR THE SITE: RETAIL: 1, 490 SQ. FT.*
HEALTH CLUB: 10, 500 SQ. FT.

TIRE STORE: 7, 500 SQ. FT.*
Staff would like to point out that the retail use andtire store identified above are not part of this application. However, in order to determine the sitefs
trip budget, these uses need to be identified.

AM PEAK TRIP FOR PROPOSED RETAIL USE: 3. 48
Calc. for proposed retail a. m. trip: 1, 490 x 2. 34/ 1, 000 PM PEAK TRIP FOR PROPOSED RETAIL USE: 5. 58
Calc. for proposed retail p. m. trip: 1, 490 x 3. 75/ 1, 000 AM PEAK TRIP FOR PROPOSED HEALTH CLUB: 18. 58
Calc. for prop. health club a. m, trip: 10, 500 x 1. 77/ 1, 000 -6-
APPL. PA - 92- 46
RA - 92- 07
PAGE 6
PM PEAK TRIP FOR PROPOSED HEALTH CLUB: 15. 96
Calc. for prop. health club p. m. trip: 10, 500 x 1. 52/ 1, 000 AM PEAK TRIP FOR PROPOSED TIRE STORE: 18
Calc. for prop. tire store a. m. trip: 7, 500 x 2. 40/ 1, 000 PM PEAK TRIP FOR PROPOSED TIRE STORE: 21. 5
Calc. for prop. tire store p. m. trip: 7, 500 x 2. 87/ 1, 000 Total a. m. trips generated by site: 40. 06
Total p. m. trips generated by site: 43. 04
GENERAL PLAN AM PEAK TRIP RATE FOR SITE: 45. 81
GENERAL PLAN PM PEAK TRIP RATE FOR SITE: 73. 42
Calc. for peak a. m. trip: 19, 580 sq. ft. x 2. 34/ 1, 000 Calc. for peak p. m. trip: 19, 580 sq. ft. x 3. 75/ 1, 000 The project, as proposed, is within the trip budget limits of the General Plan.

In reviewing this proposal, Staff considered several land development issues ranging from on- site parking configuration and availability, to impact of the proposed use on surrounding uses and/ or properties.

Parking Configuration/ Availability
Valet parking is being proposed as a way of meeting the parking demands of a health club which is 2 1/ 2 times that of a retail use.

What makes the proposed parking configuration bothersome to Staff is the fact that the proposed valet parking lot, located along the Cabrillo Street part of the lot, is approximately 170 feet from the main entrance to the health club. Staff has been informed that valet parking attendants will be located approximately 82 feet from Cabrillo Street. At that distance, approximately four cars can be stacked before traffic
overflows onto Cabrillo Street. During peak hours, several cars may queue up while waiting to be parked.
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APPL. PA - 92- 46
RA - 92- 07
PAGE 7
What Staff envisions during peak hours at this site is a traffic jam which may lead club members to park on public streets and at other unauthorized locations including adjacent properties. This type of situation usually leads to
complaints.

The City' s experience with the Family Fitness Center on Adams Avenue and the Sports Connection in the Costa Mesa Courtyards come to mind. However, Staff would like to point out that both of these facilities are significantly larger than the proposed health club and offer group aerobic classes among other things. Family Fitness Center is in excess of 20, 000 sq. ft. and the Sports Connection is about 30, 000 sq. ft. in area. Also, in both cases, a shared parking agreement and/ or off- site parking exist. Neither of these facilities provide valet parking.

Experts in the health club industry seem to agree that group aerobic classes are significant parking generators. The applicant in this case has indicated that no group aerobic dance classes are proposed and that no more than a specified number of members will attend the club at one particular time.

In fact, in his letter dated June 17, 1992, the applicant noted the club will be affiliated with the USDA Human
Nutrition Laboratory, and that after an initial period of curiosity - seekers, the clientele will stabilize to ultimately include a select group of very committed trainees and research subjects.

Other Potential Impacts
Another of Staff' s concerns is the coexistence of the health club with other proposed retail uses. Submitted plans
indicate that eight of the required parking spaces for the site are located in front of bay doors.

Credit is usually not given for parking spaces located in front of bay doors. If these eight spaces are deducted from the required 141, only 133 parking spaces would remain. The Fire Prevention Division has also requested that the exit at the north end of the building remain open. This would result in the removal of an additional parking space.

In Staff' s opinion, it would require strict parking
enforcement to restrict the health club' s clientele from parking in spaces designated for the retail outlet and the tire company and vise versa.
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APPL. PA - 92- 46
RA - 92- 07
PAGE 8
In conclusion,
Staff notes the specifics of this proposedhealth club, and congratulates the applicant on his accomplishments in operating a similar facility in SanFrancisco. However, Staff' s concerns go beyond this particular request, meritorious as it may seem.

Once a health club is approved at this location, another health club with a totally different format and clientele could occupy the site under the same Conditional Use Permit within a 180 -day period of the exit of a previous health club.

Since this department operates on an enforcement -by -complaint Policy, it is sometimes too late to revoke a Conditional UsePermit once it is granted. In most cases, applicants would have invested substantial amounts moneyin the enterprise and may claim a vested right to exist.

With that in mind,
Staff believes that these problems,
potential as they may be, necessitate critical attention, and hence the reason for recommending denial on the ConditionalUse Permits.

Should the Commission decide to approve this project, Staff is requesting that conditions restricting the number of people attending the health club at one time be at a maximum of ( 60), and the prohibition of group aerobic classes, be added asConditions of Approval.

Redevelopment Agency Review
Typically, the Agency will review projects within a
RedevelopmentArea if andwhenthere is a changeto existingexterior elevations.

Although no exterior elevation changes
have been specifically indicated as part of this proposal, Agency review is still eminent.

The following is an assessment
Redevelopment Agency guidelines:

Criteria

1. Is the proposed use permitted
by the City' s Zoning Code and
Redevelopment Plan?
of the project against
Does Project Comply
Permitted only by a
Conditional Use
Permit.
-9-
IV.

APPL. PA - 92- 46
RA - 92- 07
PAGE 9

2. Is setback area used for Yes.
landscaping, access drives,
walkways and/ or off- street
parking?
Is adequate parking for all No. Off- site parking
parking needs provided on the is proposed and
subject site as required by valet parking isthe City' s Zoning Code? being instituted to mitigate the parking
deficiency.

Will parking spaces visible
from the street be screened
to prevent unsightly or
barren appearances?

5. Will lighting for parking
spaces be shielded from
residential buildings and
adjoining streets?
No indications at
this time.

Maybe.

As indicated above, Staff is unaware whether or not there is a proposal to screen visible parking spaces from the street.

However, if made a condition, the applicant will comply. Also, since this is an existing site, Staff is not aware of lighting in the parking lot. But since this site is located across from a trailer park and the building is located about 100 feet from the street, that requirement is not a major concern.

PLANNING STAFF FINDINGS
Conditional_Use Permit

1. The information presented does not substantially comply with Costa Mesa Municipal Code Section 13- 347 in that the proposed health club is not substantially compatible with developments in the same general area. The combination
of the health club and other proposed uses on this site has a potential
of creating an unpleasant parking
situation during peak hours. The location of the valet
parking lot also has the potential of creating serious
parking problems on the site and an impact on City
-10-
APPL. PA - 92- 46
RA - 92- 07
PAGE 10
streets. Granting this Conditional Use Permit may be
detrimental to the safety and general welfare of other
properties within the immediate vicinity ( as a result of health club clients parking on unauthorized adjacent
properties), but will not allow a use, density or
intensity which is not in accordance with the General
Plan designation for the property.

Redevelopment Agency
The proposed use is not consistent with the objectives of the Redevelopment Plan and will be injurious to property or improvements in the area because adequate parking is not being provided on site, and Staff is skeptical of the efficiency of the valet parking that has been proposed to mitigate a parking deficiency.

The project is consistent with Article 22- 1/ 2,
Transportation Systems Management, of the Costa Mesa
Municipal Code in that no intersection to which the
project contributes measurable traffic shall operate at less than the Standard Level of Service as a result of
project implementation.

V. PLANNING STAFF RECOMMENDATION
Deny Conditional Use Permit

2. Recommend denial of Redevelopment Action to the Agency VI. CONDITIONS. IF APPROVED
Shall meet all requirements of the various City departments, copy attached hereto.
-11-
APPL. PA - 92- 46
RA - 92- 07
PAGE 11

CONDITIONS OF APPROVAL
Ping: 1. Applicant shall provide Staff with a copy of
contracts with companies providing the valet
service.

2. Valet service shall be free to club members.

3. Approval shall be for a period of one year. Prior

2. to expiration, applicant may request renewal,
subject to reevaluation at that time. The
Bldg. 3.

Development Services Director may extend the
Planning Action for a period not to exceed two ( 2)
Eng. 4.
years if all conditions of approval have been
satisfied, no complaints have been received, and
the site inspection reveals compliance with
applicable Ordinance requirements. Thereafter, the
Development Services Director may extend the permit
for successive two ( 2) year periods under the same
terms.

4. There shall be no group aerobic classes conducted.

5. All parking spaces visible from the street shall be
screened to prevent unsightly or barren
appearances.

6. The number of members attending the club at one
time shall be limited to a maximum of 60.

ORDINANCE AND/ OR CODE PROVISIONS
The following list of Federal, State, and local laws applicable to the project has been compiled by Staff for the applicant' s reference.

Ping. 1. All contractors and subcontractors must have valid business licenses to do business in the City of
Costa Mesa. Final occupancy and utility releases
will not be granted, and final inspections will not
be granted until all such licenses have been
obtained.

2. All compact parking spaces shall be clearly marked
compact" or " small car only".

Bldg. 3. Comply with the requirements of the Uniform
Building Code as to design and construction.

Eng. 4. At the time of development submit for approval an Off- site Plan to the Engineering Division that
shows Sewer, Water, Existing Parkway Improvements
and the limits of work on the site prepared by a
Civil Engineer or Architect. Site Access approval
must be obtained prior to Building or Engineering
-12-
APPL. PA - 92- 46
RA - 92- 07
PAGE 12

SPECIAL DISTRICT REQUIREMENTS
The requirement of the following special district is herebyforwarded to the applicant:

Sani. 1.

Applicant to pay all applicable Sanitary District
fixture fee charges [( 714) 754- 5307].

OF. N4( PA9246)
Permits being issued by City of Costa Mesa. Pay
Off- site Plan Check fee per Section 13- 54,
C. C. M. M. C. An approved Off- site Plan shall be
required prior to Engineering/ Utility Permits beingissued by the City of Costa Mesa.

5. A Site Access permit and deposit of $ 500. 00 will be required by the City of Costa Mesa, Engineering
Division, prior to the start of any on- or off- site
work,
which may be necessary during construction
for street sweeping.

6. Obtain an off- site permit from the City of Costa
Mesa, Engineering Division, at the time of
development and then remove any existing driveways
and/ or curb depressions that will not be used and
replace with full height curb and sidewalk at
applicant' s expense.

Trans. 7. Construct residential driveway approach( es) at location( s)
specified on submitted site plan.

S.

Construct sidewalk curb and gutter to close unused
drive approaches.

Fire 9.

Provide fire extinguishers with a minimum rating of
2A to be located within 75 feet of travel distance
from all areas.

Extinguishers may be of a type
rated 2A, 10BC as these extinguishers are suitable
for all types of fires and are less
expensive.

10. Provide address numerals which conform to Fire
Department standards with respect to size ( 1211)
and
location.

11. Exit at north end of building must remain
unobstructed to the public way. This would
necessitate the removal of a parking stall.

SPECIAL DISTRICT REQUIREMENTS
The requirementof the following special district is herebyforwarded to the applicant:

Sani. 1.

Applicantto pay all applicable Sanitary District
fixture fee charges [( 714) 754- 5307].

OF. N4( PA9246)
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