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HomeMy WebLinkAboutZA2016-041- SUITE 3: MINOR USE PERMIT FOR ACCESSORY MASSAGE - 404 Westminster RESOLUTION NO. ZA2016-041 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-026 FOR ACCESSORY MASSAGE LOCATED AT 404 WESTMINSTER AVENUE, SUITE 3 (PA2016-097) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sarah Renner, with respect to property located at 404 Westminster Avenue, Suite 3, and legally described as Lots 17, 18, 19, and 20 of Tract 1136 requesting approval of a minor use permit. 2. The applicant proposes to add massage services (accessory massage) to an existing 590-square-foot hair salon. The massage services will be provided as an additional amenity and be limited to a 119-square-foot room in the tenant space. A maximum of one massage technician will be permitted on-site at a time. 3. The subject property is located in the Office General (OG) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 4. The subject property is not located in the coastal zone. 5. A public hearing was held on July 28, 2016, in the Corona del Mar Conference Room (Bay E-1 st 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. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. This Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves the addition of massage services at an existing hair salon, and does not result in an intensification of use, parking, or expansion in floor area. Zoning Administrator Resolution No. ZA2016-041 Page 2 of 9 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, 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 property is designated General Commercial Office (CO-G) in the Land Use Element of the General Plan. This designation is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. 2. The existing hair salon is a service use intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. The addition of massage services will not change this. Therefore, the use is consistent with the CO-G land use designation. 3. The subject property is not part of 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. inding:1. The subject property is located in the Office General (OG) Zoning District, which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. 2. Pursuant to Table 2-4 of Zoning Code Chapter 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) accessory massage is a service use that may be permitted in the OG Zoning District subject to the approval of a minor use permit. Personal service, general uses, which include hair salons, are permitted by right. 3. The proposed establishment with accessory massage is consistent with the legislative intent of Section 20.48.120 (Massage Establishments and Services) and Chapter 5.50 (Massage Establishments) of the Municipal Code. These sections provide standards for the establishment, location, and operation of massage services and establishments operated as an independent use. The intent is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration that may accompany and result from large numbers of massage establishments. 05-26-2016 Zoning Administrator Resolution No. ZA2016-041 Page 3 of 9 4. The massage services will not be located within 500 feet of a public or private school, park or playground, civic center, cultural site, or religious institution. The applicant requests a waiver of location restrictions pursuant to Zoning Code Section 20.48.120. A massage therapist currently operates on-site in a separate tenant space and an independent massage establishment is located approximately 400 feet from the subject property. 5. As conditioned, the proposed use will comply with all other applicable provisions of the Zoning Code and Municipal Code. 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 applicant proposes to add massage services (accessory massage) to an existing 590-square-foot hair salon (personal services, general). The massage services will be provided as an additional amenity and be limited to a 119-square-foot room in the tenant space. 2. Existing uses in the building include office, medical office, and similar personal service uses. Nearby land uses include similar nonresidential uses. The proposed massage establishment will provide a service consistent with existing and permitted uses in the area. 3. Residential uses are located to the rear of the property across the alley. Hours of operation between 9 a.m. and 9 p.m., daily should limit any compatibility concerns and any potential late night/early morning land use conflicts with nearby properties. 4. The proposed operation will consist of one therapy room and three rooms for hair services. A maximum of one massage therapist will be on-site at a time. 5. The existing parking spaces to the rear provide parking for patrons and employees of the multi-tenant buildings. The proposed accessory massage will not result in an intensification of use and will not require the provision of additional parking. Finding- D. indin :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. 05-26-2016 Zoning Administrator Resolution No. ZA2016-041 Page 4 of 9 Facts in Support of Finding: 1. The property is located at the intersection of Westminster Avenue and Beacon Street and contains three detached one-story buildings with multiple tenants. The site is accessible from multiple points of entry including Old Newport Boulevard, Hospital Road, and the alley at the rear. Parking at the rear and on-street has functioned satisfactorily under the current configuration and is conveniently located for patrons and employees. 2. The site has supported the three single-story buildings with nonresidential uses since 1956. It is not anticipated that the change in use will alter the site's ability to provide basic services. 3. Adequate public and emergency vehicle access, public services, and utilities are provided on the property and the proposed massage establishment will not change this. 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 establishment has been conditioned with hours of operation that will minimize any potential detriment to the area. 2. The existing multi-tenant building is not located in an area with problems of blight and deterioration. 3. The proposed massage services will provide an additional economic opportunity for the lessee of the tenant space. Additionally, the establishment will provide an additional service to those working, residing, or visiting the City of Newport Beach. 4. The Building and Code Enforcement Divisions, Public Works, Fire, and Police Departments have reviewed the proposal. 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. In accordance with Section 20.48.120.13 (Massage Establishments and Services — Waiver of Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Minor Use Permit are set forth: 05-26-2016 Zoning Administrator Resolution No. ZA2016-041 Page 5 of 9 Finding: F. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed. Facts in Supporting of Finding: 1. The intent of this section is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration that can accompany large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. 2. The proposed massage services are located within 500 feet of other establishments offering massage services (404 Westminster Avenue, Suite 5 — Body Haven, 333 Old Newport Boulevard — Araiya Thai Massage). However, this location is in a different development and sufficiently separated from the independent massage establishment at 333 Old Newport Boulevard. 3. The business at 404 Westminster Avenue, Suite 5, operates pursuant to Use Permit No. UP2005-025 and is limited to one room for massage. This existing massage service along with the proposed massage services in Suite 3 will not be contrary to public interest. Both operations are limited in the number of massage therapists at one time, require an Operator's Permit from the Newport Beach Police Department, and must comply with conditions of approval, limiting concerns regarding blight. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area. Facts in Supporting of Finding- 1. inding:1. The proposed use is located in a single tenant space in a managed, multi-tenant commercial building. The property fronts a well-traveled street that is developed with a mixture of retail and service uses that serve the surrounding neighborhood and resident of the City. It is not located in a blighted area. Finding: H. The proposed use will not adversely affect a religious institution, school, park, or playground. Facts in Supporting of Finding- 1. inding:1. The proposed use is located adjacent to nonresidential uses. There are no public or private schools, parks, playgrounds, or religious institutions within 500 feet of the subject property. 05-26-2016 Zoning Administrator Resolution No. ZA2016-041 Page 6 of 9 2. Conditions of approval limiting hours of operation and number of massage therapists at one time will ensure the use does not constitute a hazard to public convenience. These restrictions will prevent potential late night/early morning land use conflicts and limit the number of patrons visiting the site at one time. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2016-026, 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 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 28TH DAY OF JULY, 2016. By: -94 Patrick J. Alford, Zoning Administrator 05-26-2016 Zoning Administrator Resolution No. ZA2016-041 Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations 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. 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 materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Any change in operational characteristics, expansion in area, increase in the number of massage therapy rooms, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new use permit. 6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of any plans prior to issuance of the building permits. 7. A maximum of one massage therapist shall be on-site at any one time. 8. A maximum of one room shall be used for massage therapy. 9. The hours of operation shall be limited between 9 a.m. and 9 p.m., daily. 10. A valid business license from the City of Newport Beach with sellers permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. 11. Any therapists/technicians working as independent contractors shall obtain their own City of Newport Beach business license. 05-26-2016 Zoning Administrator Resolution No. ZA2016-041 Page 8 of 9 12. The applicant shall adhere to all provisions set forth in AB1147 and Business and Professions Code Chapter 10.5 (Massage Therapy Act), relating to operating a massage establishment. 13. 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. 14. 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. 15. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 16. 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 Newport Beach Municipal Code. 17. 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 LA Styles Salon including, but not limited to, Minor Use Permit No. UP2016-026 (PA2016-097). 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. Code Enforcement Division 18. The applicant shall provide the contact information for the owner, operator, or responsible manager of the massage establishment. Any changes to the contact information shall be submitted to the Planning Division as part of the official record. 05-26-2016 Zoning Administrator Resolution No. ZA2016-041 Page 9 of 9 19. A list of employee names, contact information, and state certifications shall be posted, kept on-site at all times and available upon request by City officials. 20. All windows shall remain visible and transparent in nature. Window signage shall comply with the Newport Beach Municipal Code. 21. Facility shall be maintained in a safe and sanitary condition. 22. No alcohol shall be served or offered on-site. 23. Violations of the Penal Code may invoke revocation of this Minor Use Permit. Police Department 24. The applicant is required to obtain an Operator's Permit from the Newport Beach Police Department in compliance with Chapter 5.50 (Massage Establishments) of the Newport Beach Municipal Code and submit to an inspection of the premise. 25. All employees of the business who conduct massage on or off the premise must be certified by the California Massage Therapy Council (CAMTC). 26. Strict adherence to Newport Beach Municipal Code 5.50 must be upheld. 27. As required by Newport Beach Municipal Code Section 5.50.030 the business must maintain requirements of operation, and submit to inspection by office of the police department. 05-26-2016