HomeMy WebLinkAboutZA2016-058 - MINOR USE PERMIT FOR ACCESSORY MASSAGE TO AN EXISTING HEALTH AND FITNESS FACILITY - 747 Dover Dr RESOLUTION NO. ZA2016-058
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-028 FOR A LARGE FITNESS FACILITY WITH
ACCESSORY MASSAGE SERVICES LOCATED AT 747 DOVER
DRIVE (PA2016-108)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Newport Workout, Inc., with respect to property located at
747 Dover Drive, and legally described as Lot 2 of Lot Line Adjustment LA2009-010
requesting approval of a minor use permit.
2. The applicant proposes an amendment to Use Permit No. UP3585 to establish a large
5,700-square-foot fitness facility with accessory massage service. The massage service
will be provided as an additional amenity and will be limited to a single room at the rear of
the tenant space.
3. The subject property is located within the Office General (OG) Zoning District and the
General Plan Land Use Element category is General Commercial Office (CO-G).
4. The subject property not located within the coastal zone.
5. A public hearing was held on October 27, 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) of the Guidelines for CEQA.
2. The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the allowance of
massage services and does not result in an intensification of use, parking, or
expansion in floor area.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.E (Conditional Use Permits and Minor Use Permits —
Findings and Decision) 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. The proposed fitness facility and accessory massage service is
consistent with the General Plan as it provides a service to residents and visitors in
the area.
2. 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 the 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), a large fitness facility is a service
use that may be permitted in the OG Zoning District subject to the approval of a
minor use permit. Accessory massage service is also permitted subject to the
approval of a minor use permit.
3. Pursuant to Table 3-10 of 20.40.040 (Off-Street Parking Spaces Required), a large
fitness facility and massage establishment both have a parking rate of one (1)
space for every 200 square feet of gross floor area. The fitness facility is 5,700
square feet, resulting in a parking requirement of 29 spaces. Other existing uses on
site include a 200-square-foot office building and a 915-square-foot beauty salon.
These uses require a total of five (5) spaces based on a parking rate of 1 space per
250 square feet. Therefore, a total of 34 parking spaces are required for the uses
on site. Currently, 43 parking spaces are provided, resulting in a surplus of nine (9)
parking spaces.
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Zoning Administrator Resolution No. ZA2016-058
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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 property is currently occupied by the 5,700 square-foot fitness facility, a 915
square-foot beauty shop (personal services, general), and a 200 square-foot office.
The surrounding parcels include two religious institutions, a school, and a public
community park. The proposed fitness facility and accessory massage service will
not adversely impact the surrounding uses and is consistent with the existing and
allowed uses in the area.
2. The fitness facility offers personal training services and indoor group cycling
classes. Class times operate from 6:00 a.m. to 9:00 p.m., Monday through Friday,
and 7:00 a.m. to 5:00 p.m. on Saturday and Sunday. The facility has proposed
hours of operation that are compatible with the allowed uses in the vicinity, as there
will not be any late hours which would contribute to noise in the area.
3. The applicant proposes to add an accessory massage services to the fitness
facility. The massage services will be provided as an additional amenity and be
limited to a 110 square-foot room in the rear of the tenant space. The massage
service will not have any exterior signage or advertisements visible in any manner
and will not adversely affect the surrounding religious institutions, school, or
playground.
4. The proposed massage service operates by appointment only from Tuesday
through Saturday. The operation will consist of a single massage room and will
have one massage therapist on-site at any one time.
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.
Facts in Support of Finding:
1. The subject property is located at the intersection of Dover Drive and 161h Street
and contains three detached one-story buildings with multiple tenants. The site is
accessible from both Dover Drive and 16th Street. The parking lot provides a
surplus of parking and is conveniently located for patrons and employees.
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2. 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 subject property is not located in an area with problems of blight and
deterioration.
3. The project has been conditioned requiring all doors and windows to remain closed
during the use of recorded music, limiting the potential noise related impacts
associated with fitness facilities.
4. The fitness facility and accessory massage service will provide additional services
to the residents in the surrounding area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-028, 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.
3. This resolution supersedes Use Permit No. UP3585 as approved by the Planning
Commission on June 20, 1996, which upon vesting of the rights authorized by this use
permit, shall become null and void.
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PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF OCTOBER, 2016.
Pa rick J. Alford, oning A ministrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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, 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 plans prior to issuance of the
building permits.
7. The hours of operation shall be limited between 6:00 a.m. to 9:00 p.m., Monday
through Friday, and 7:00 a.m. to 5:00 p.m., Saturday and Sunday.
8. Aerobic classes shall not be conducted prior to 8:00 a.m. and after 9:00 p.m., daily,
and that class size shall be limited to 20 customers during any class.
9. All employees shall park on-site.
10. A maximum of one massage therapist shall be on-site at any one time.
11. A maximum of one room shall be used for massage therapy.
12. All signs shall conform to the provisions of Chapter 20.42 of the Municipal Code.
13. There shall be no exterior signage advertising the massage therapy use.
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14. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
15. All noise from the music associated with the fitness facility shall be confined to the
interior portions of the building and the doors and windows of the facility shall remain
closed when music is playing.
16. 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 TOOAM Between the hours of
and 10:OOPM 10:OOPM and TOOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50d BA
Residential Property located within 45dBA 60dBA 45dBA 50d BA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50d BA
Commercial Property N/A 65d BA N/A 60dBA
17. All trash areas shall be screened from adjoining properties and streets.
18. Exterior lighting shall be designed to eliminate light and glare spillage on adjacent
uses.
19. No outdoor sound system shall be utilized on-site.
20. 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.
21. The exterior of the business shall be maintained free of litter and graffiti at all times. 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.
22. 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).
23. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
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24. 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.
25. Strict adherence to the Newport Beach Municipal Code 5.50 must be upheld.
26. The applicant business must immediately apply and obtain an Operator Permit from the
Chief of Police, and keep said permit in good standing.
27. All employees of the applicant business who conduct massage on or off premises must
be certified by the CAMTC (physicians, physical therapists, and chiropractors exempt).
28. As outlined in Newport Beach Municipal Code 5.50.030, the business must maintain
requirements of operation, and submit to inspections by officers of the Police
Department.
29. 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.
30. 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 Newport Workout including, but not limited to,
Minor Use Permit No. UP2016-028 (PA2016-108). 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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