HomeMy WebLinkAbout06_Coastal Body Care Minor Use Permit_PA2018-201CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 29, 2018
Agenda Item No. 6
SUBJECT: Coastal Body Care (PA2018-201)
Minor Use Permit No. UP2018-020
SITE LOCATION: 3520 Irvine Avenue
APPLICANT: Yanqing Hao
OWNER: Vehe Poladian
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
General Plan: CG (General Commercial)
Zoning District : CG (Commercial General)
PROJECT SUMMARY
A minor use permit to allow the operation of a massage establishment. The establishment
will provide two massage rooms, a customer waiting area, and an employee break room.
Proposed hours of operation are 10:00 a.m. to 7:00 p.m., daily. Included is a request to
waive location restrictions associated with massage establishments
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No._ approving Minor Use Permit No.
UP2018-020 (Attachment No. ZA 1).
DISCUSSION
The proposed massage establishment consists of two treatment rooms with two
massage therapists working at one time. The business would occupy a 925-square-
foot tenant space in an existing one-story two-tenant space commercial building.
There is one other tenant space in the commercial building, which is used as storage
by the property owner. Adjacent properties on Irvine Avenue include a mixture of
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retail and service uses, including a convenience market and gas station. The
proposed massage establishment will provide a service to residents and visitors in
the surrounding area.
The proposed establishment is not located within 500 feet of a public or private
school, park or playground, civic center, cultural site or religious institution.
OC Athletic Massage currently operates within 500 feet of the proposed
establishment (20101 Southwest Birch Street Suite 110). Therefore, the applicant
requests to waive location restrictions contained in Section 20.48.120 (Massage
Establishments and Services) of the Zoning Code. The proposed establishment is
located in a separate development and is sufficiently separated from the other
massage services, which are located on a different street. The proposed
establishment would operate during typical daytime hours and therefore is not
anticipated to encourage the development of an urban blight area. Additionally, the
establishment is not located near any religious institutions, schools, parks or
playgrounds.
The operation will consist of two treatment rooms, a customer waiting area, and an
employee break room, all of which will be within the existing commercial tenant
space. The hours of operation for are 10:00 a.m. to 7:00 p.m., daily. A maximum of
two massage therapists will be on-site at one time.
The subject property is located in the Commercial General (CG) Zoning District
and designated General Commercial (CG) in the Land Use Element of the General
Plan. The intent of these designations is to provide for a wide variety of commercial
activities oriented primarily to serve Citywide or regional needs. The proposed
establishment intends to serve residents of Newport Beach, the surrounding
community, and visitors to the City of Newport Beach. Therefore, the use is
consistent with the CG Zoning District and CG land use designation.
Pursuant to Table 2-4 of Zoning Code Section 20.20.020 (Commercial Zoning
Districts Land Uses and Permit Requirements), a massage establishment is a
service use that may be permitted in the CG Zoning District subject to the approval
of a minor use permit.
Pursuant to Table 3-10 of 20.40.040 (Off-Street Parking Spaces Required), a
massage establishment has a parking rate of one space for every 200 square feet
of gross floor area. The proposed massage establishment is 925 square feet. The
one other use within the building is a 900-square-foot tenant space which is
currently used as storage by the property owner and has a parking rate of one
space for every 250 square feet. Therefore, a total of nine parking spaces are
required for the uses on site. Currently, 10 parking spaces are provided, resulting
in a surplus of one parking space.
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The applicant is required to obtain an Operator’s Permit from the Newport Beach
Police Department in compliance with Chapter 5.50 (Massage Establis hments) of
the Municipal Code.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities). The Class 1 exemption includes the
ongoing use of an existing building where there is negligible or no expansion of use. The
proposed project will allow the operation of a massage establishment in an existing
commercial tenant space.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
GBR/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2018-020 FOR A MASSAGE ESTABLISHMENT LOCATED
AT 3520 IRVINE AVENUE (PA2018-201)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Yanqing Hao with respect to property located at 3520 Irvine
Avenue, and legally described as Parcel 1, as shown on a map filed in Book 59, Page 4 of
Parcel Maps in the City of Newport Beach, requesting approval of a minor use permit.
2. The applicant requests a minor use permit to allow the operation of a massage
establishment. The establishment will provide two massage rooms, a customer waiting
area, and an employee break room. Proposed hours of operation are 10:00 a.m. to 7:00
p.m., daily. Included is a request to waive location restrictions associated with massage
establishments.
3. The subject property is located within the Commercial General (CG) Zoning District and
the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 29, 2018, 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
2. This exemption authorizes minor alterations to existing structures involving negligible or
no expansion of use. The proposed project involves alterations to the interior floor plan
of an existing commercial space with no expansion in floor area.
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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 General Plan land use designation for this site is CG (General Commercial). The
CG designation is intended to provide for a wide variety of commercial activities oriented
primarily to serve Citywide or regional needs.
2. The proposed massage establishment is a commercial use intended to serve nearby
residents and the surrounding community. Therefore, the use is consistent with this land
use category.
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. The subject property is located in the Commercial General (CG) Zoning District, which
is intended to provide for areas appropriate or a wide variety of commercial activities
oriented primarily to serve Citywide or regional needs.
2. A massage establishment is permitted with the approval of a minor use permit in the CG
Zoning District. The establishment will provide services that support the surrounding
neighborhood and the region.
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 massage use would occupy 925 square feet and require a total
of five parking spaces. There is one other 900-square-foot tenant space at the building,
which is used for property owner storage and therefore has a parking rate of one (1)
space for every 250 square feet of gross floor area . There are nine total parking spaces
required onsite, which are provided.
4. The proposed massage establishment is consistent with the legislative intent of Section
20.48.120 (Massage Establishments and Services) and Chapter 5.50 (Massage
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Establishments) of the Municipal Code. These sections provide standards for the
establishment, location, and operation of massage 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.
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 massage establishment will occupy a 925-square-foot tenant space in an existing
commercial building. The operation will consist of two massage rooms, a customer
waiting area, and an employee break room, all of which will fit within the existing
commercial space.
2. The proposed hours of operation for the business are 10:00 a.m. to 7:00 p.m., daily. The
surrounding uses are convenience markets, a gas station, car wash, and fast food
restaurant. 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 may contribute to
noise or blight in the area.
3. The project site and surrounding area consist of a mixture of offices, retail and service
uses which serve residents and the surrounding community. There are some residential
uses located on Birch Street, approximately 60 feet from the subject property . These
residential uses are nonconforming and are located within the Business Park area of the
Santa Ana Heights Specific Plan. The proposed massage establishment 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 emerge ncy vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The subject property is located on Irvine Avenue, near commercial uses. The Newport
Beach Golf Course is located across Irvine Avenue. The property contains one
commercial building with two tenant spaces. The property does not have a street
frontage, and the site is accessible via a 15-foot private ingress/egress easement
through 3530 Irvine Avenue (Minute King Market). The parking lot provides 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 use has been conditioned with typical daytime hours of operation that will minimize
any potential detriment to the area.
2. The proposed massage establishment would provide additional services to the residents
and visitors in the surrounding area.
3. The proposal has been reviewed by the Building and Code Enforcement Division, and
Police Department 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 massage establishment is located within 500 feet of other establishments
offering massage, the establishment is located in a separate development and is
sufficiently separated from the other massage services , the closest of which is located
200 feet away, at 20101 Southwest Birch Street Suite 110.
3. There will be no late hours of operation, as the proposed hours are 10:00 a.m. to 7:00 p.m.,
daily.
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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 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.
Fact in Supporting of Finding:
1. The proposed use is located in a one tenant space within a two-tenant building. The
subject property is located behind an existing convenience market, however it is
proposed to operate with typical daytime hours, 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.
Fact in Supporting of Finding:
1. There are no religious institutions, schools, parks, or playgrounds in the immediately
surrounding area. The nearest religious institution is located approximately 4,500 feet
away on Monte Vista Avenue in Costa Mesa. The closest school is located
approximately 1,100 feet away on Cypress Street, which is within a residential area of
the Santa Ana Heights Specific Plan. The closest park and playground is located
approximately 6,000 feet away in Costa Mesa. The property is also located
approximately 3,500 feet away from the Peter and Mary Muth Interpretive Center.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2018-020 (PA2018-201), 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 .
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PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF NOVEMBER 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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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 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 Minor
Use Permit.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval
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. The hours of operation for the establishment shall be limited to 10:00 a.m. through 7:00
p.m., daily.
6. Any change in operational characteristics, expansion in area, expansion to hours of
operation, or other modification to the approved plans, shall require an amendment to
this Minor Use Permit or the processing of a new use permit.
7. If applicable, 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.
8. 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.
9. 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.
10. 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.
11. All employees shall park onsite.
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12. There shall be a maximum of two massage therapists working onsite at any time.
13. A maximum of two rooms shall be used for massage therapy.
14. 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.
15. 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.
16. All windows (except treatment room windows) shall remain visible and transparent in
nature. Window signage shall comply with the City of Newport Beach Municipal Code.
17. The facility shall be maintained in a safe and sanitary condition.
18. No alcohol shall be served or offered onsite.
19. 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 Coastal Body Care including, but not limited to, Minor Use Permit No. UP2018-
020 (PA2018-201). 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.
Police Department
20. Strict adherence to Newport Beach Municipal Code 5.50 must be upheld.
21. The applicant business must apply for and obtain an Operator’s Permit from the Chief
of Police, and keep said permit in good standing.
22. 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).
23. As outlined in Newport Beach Municipal Code 5.50.030, the business m ust maintain
requirements of operation, and submit to inspections by officers of the Police
Department.
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Code Enforcement
24. All exterior windows must be transparent.
25. All proposed signs shall be in compliance with Newport Beach Municipal Code Chapter
20.42 (Signs).
Building Division
26. Revisions to parking facilities must illustrate compliance with Section 11B-202 California
Building Code (CBC)
27. If applicable, accessible path of travel must be illustrated on approved building plans.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit No. UP2018-020
PA2018-201
3520 Irvine Avenue
Subject Property
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Attachment No. ZA 3
Project Description
16
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Attachment No. ZA 4
Project Plans
19
20
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