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HomeMy WebLinkAboutZA2016-069 - SUITE D - MASSAGE PERSONAL SERVICES - 425 Old Newport Blvd RESOLUTION NO. ZA2016-069 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-040 FOR A DAY SPA WHICH INCLUDES MASSAGE, ACUPUNCTURE, AND MEDICAL NAIL SERVICES LOCATED AT 425 OLD NEWPORT BOULEVARD, SUITE D (PA2016-145) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Soul Shine OC, with respect to property located at 425 Old Newport Boulevard, Suite D, and legally described as Lot 16 and a portion of Lot 17 of Block 9 of Tract 27, requesting approval of a minor use permit. 2. The applicant proposes to establish a day spa (Personal Services, Restricted). The spa will offer various spa services including massage, acupuncture, and medical nail services. The tenant space is 714 square feet and includes a reception area, office, four (4) treatment rooms and a break room. 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 is not located within the coastal zone. 5. A public hearing was held on December 15, 2016 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. 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. Zoning Administrator Resolution No. ZA2016-069 Page 2 of 8 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. 2. The proposed day spa is consistent with the CO-G designation as it will provide services that support the surrounding neighborhood as well as visitors to the area. 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 the Zoning Code and the Municipal Code. Facts in Support of Finding: 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 day spa (Personal Services, Restricted) is a service use that may be permitted in the OG Zoning District subject to the approval of a minor use permit. Acupuncture and massage services are 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 massage establishment has a parking rate of one (1) space for every 200 square feet of gross floor area. The proposed day spa is 714 square feet. Other uses within the building include a 2,875-square-foot medical office, which has a parking rate of one (1) space for every 200 square feet, and a 718-square-foot acupuncturist office, which has a parking rate of one (1) space for every 250 square feet of gross floor area. Therefore, a total of 21 parking spaces are required 05-26-2016 Zoning Administrator Resolution No. ZA2016-069 Page 3 of 8 for the uses on site. Currently, 23 parking spaces are provided, resulting in a surplus of two (2) parking spaces. 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 day spa will occupy a 714-square-foot tenant space in an existing one-story commercial building. The operation will consist of four (4) treatment rooms, a reception area, an office, and a break room, all of which are included in the existing commercial space. 2. The day spa offers acupuncture, massage, and medical nail treatment. The proposed hours of operation for the day spa are Monday through Friday, 9:00 a.m. to 6:00 p.m. The clients for all uses within the day spa are by appointment only. 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 project site and surrounding area consist of a mixture of professional and medical offices, as well as retail and service uses which serve residents and visitors in the surrounding area. The proposed day spa will provide a service that supports residents and visitors, consistent with the existing uses in the area. 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 subject property is located on Old Newport Boulevard, between Hospital Road and Orange Avenue. The property contains one single-story building with three tenant spaces. The site is accessible from Old Newport Boulevard. The parking lot provides a surplus of parking and is conveniently located for patrons and employees. 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. 05-26-2016 Zoning Administrator Resolution No. ZA2016-069 Page 4 of 8 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 day spa has been conditioned with hours of operation that will minimize any potential detriment to the area. 2. The day spa will provide additional services to the residents and visitors in the surrounding area. 3. The proposal has been reviewed by the Building and Code Enforcement Divisions, Public Works, Fire, and Police Departments, and 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.B (Massage Establishments and Services — Waiver of Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings for a Minor Use Permit are set forth: 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 the section is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration, which accompany and are brought about by large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. 2. Although the proposed day spa with massage services is located within 500 feet of other establishments offering massage, the day spa is located in a separate development and is sufficiently separated from the other massage services. The day spa offers various spa services and does not operate exclusively as a massage establishment. 3. There will be no late hours of operation, as the proposed hours for all services within the day spa are 9:00 a.m. to 6:00 p.m., Monday through Friday. 4. A condition of approval is included to ensure the applicant will obtain an Operator's Permit from the Newport Beach Police Department in compliance with Chapter 05-26-2016 Zoning Administrator Resolution No. ZA2016-069 Page 5 of 8 5.50 (Massage Establishments) of the Newport Beach Municipal Code prior to continuation of the business. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area. Facts in Supporting of Finding: 1. The proposed use is located in a single tenant space within a managed, multi- tenant commercial building which will prevent problems and discourage the development of blight. The subject property is not located within a blighted area, is well maintained, and is intended to provide a service that supports the surrounding residents and visitors to Newport Beach. Finding: H. The proposed use will not adversely affect a religious institution, school, park, or playground. Facts in Supporting of Finding: 1. The proposed use is located adjacent to nonresidential and residential uses. There are no public or private schools, parks, playgrounds, or religious institutions within 500 feet of the subject property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2016-040, 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 15th DAY OF DECEMBER, 2016. Patrick J. Alford, Zoning Administrator 05-26-2016 Zoning Administrator Resolution No. ZA2016-069 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plans 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. Strict adherence to Newport Beach Municipal Code 5.50 must be upheld. 8. The applicant business must apply for and obtain an Operator's Permit from the Chief of Police, and keep said permit in good standing. 9. 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). 10. 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. 11. The owner, operator, or responsible manager's contact information for the massage establishment shall be provided to the City of Newport Beach Code Enforcement Division. 05-26-2016 Zoning Administrator Resolution No. ZA2016-069 Page 7 of 8 12. The names of employees shall be posted upon entry and contact information and list of state certifications shall be provided upon request. A current list of employees shall be kept onsite and maintained at all times. 13. All windows shall remain visible and transparent in nature. Window signage shall comply with the City of Newport Beach Municipal Code. 14. The facility shall be maintained in a safe and sanitary condition. 15. No alcohol shall be served or offered onsite. 16. Violations of the Penal Code may invoke revocation of this permit. 17. The hours of operation shall be limited between 9:00 a.m. to 6:00 p.m., daily. 18. All employees shall park on-site. 19. A maximum of two massage therapists shall be on-site at any one time. 20. A maximum of two rooms shall be used for massage therapy. 21. All signs shall conform to the provisions of Chapter 20.42 of the Municipal Code. 22. 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. 23. 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. 24. 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. 25. 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 Soul Shine OC Minor Use Permit including, but not limited to, Minor Use Permit No. UP2016-040 (PA2016-145). 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 05-26-2016 Zoning Administrator Resolution No. ZA2016-069 Page 8 of 8 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. 05-26-2016