HomeMy WebLinkAbout05_Pham Wellness Building Minor Use Permit_PA2019-261
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 24, 2020
Agenda Item No. 5
SUBJECT: Pham Wellness Building (PA2019-261)
Minor Use Permit No. UP2019-057
SITE LOCATION: 4463 Birch Street
APPLICANT: Hong Lien Pham
OWNER: Hong Lien Pham
PLANNER: Liz Westmoreland, Associate Planner
949-644-3234 or lwestmoreland@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: AO (Airport Office and Supporting Uses)
Zoning District: OA (Office Airport)
PROJECT SUMMARY
The applicant requests a minor use permit to allow the operation of massage and personal
services, restricted land uses, including day spas and healing arts (e.g., acupuncture)
within an existing 11,420-square-foot commercial building. A waiver of location
restrictions is requested to allow the proposed massage use(s) within 500 feet of other
massage uses.
No late hours (after 11:00 p.m.) or alcohol sales are proposed as part of this application.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project 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, Division 6, Chapter 3, 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.
UP2019-057 (Attachment No. ZA 1).
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DISCUSSION
Background
The subject property is located near the intersection of Birch Street and MacArthur
Boulevard, and the southern boundary of John Wayne Airport. The property is
developed with a two-story, multi-tenant commercial building. The building has
historically been occupied by medical offices and professional offices that serve the
area. The site is accessible by a driveway on Birch Street. The 45-space surface
parking lot that surrounds the building is conveniently located on-site for use of patrons
and employees.
General Plan and Zoning
The subject property is in the Office Airport (OA) Zoning District and Airport Office and
Supporting Uses (AO) land use designation, which are intended to provide for uses
that support or benefit from airport operations. These may include corporate and
professional offices, accessory retail, restaurant, service uses, etc. The proposed
uses are considered service uses and are therefore consistent with the intent of the
land use designation. In addition, the proposed wellness building could serve and
complement the nearby John Wayne Airport and the surrounding business
community, as visitors and employees would be able to conveniently access the
massage, acupuncture, or day spa services prior to or after a flight.
Pursuant to Table 2-4 of Section 20.22.020 (Commercial Zoning Districts Land Uses
and Permit Requirements) of the Newport Beach Municipal Code (NBMC), both
personal services, restricted uses (acupuncture, healing arts, etc.) and massage uses
may be permitted in the OA Zoning District subject to the approval of a minor use
permit (MUP).
The typical hours of operation for the various personal services restricted and
massage uses will be from 8 a.m. to 8 p.m. The neighboring uses consist of offices,
operation 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. There are no existing residential
uses within the vicinity.
Massage Requirements
The proposed massage use is consistent with the legislative intent of Section
20.48.120 (Massage Establishments and Services) and Chapter 5.50 (Massage
Establishments) of the NBMC. 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
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services and to prevent problems of blight and deterioration that may accompany and
result from large numbers of massage establishments.
The requested MUP includes flexibility to provide massage in conjunction with other
uses (e.g. acupuncture, physical therapy) or as a standalone business. The Newport
Beach Police Department (NBPD) has reviewed the project and finds the various
scenarios to be acceptable subject to standard conditions of approval. Any potential
the NBPD.
A waiver of location restrictions is required pursuant to NBMC Section 20.48.120(B),
as there are other massage uses within 500 feet of the subject property. However, the
proposed massage establishments are located in a separate development and
sufficiently separated from other massage services, the closest of which are located
at the Hyatt Hotel approximately 260 feet from the subject site. The proposed
massage uses are located adjacent to John Wayne Airport and surrounding
commercial uses. There are no public or private schools, playgrounds, or religious
institutions within 500 feet of the subject property. The subject property has adequate
lighting and is visible from Birch Street. Lastly, no late hours are proposed. The NBPD
has also reviewed the request for a waiver of location restrictions and has no concerns
regarding the proposed massage operation.
Parking
The existing medical and professional office building was constructed in the 1960s
and does not comply with the current parking requirements of the NBMC. However,
the proposed uses would not result in an intensification or increase in the degree of
nonconformity.
The proposed project will include a variety of uses with different parking requirements.
Proposed uses such as medical or massage that have the same rate as the existing
medical use can occupy the building (i.e., -for-
nonconforming medical uses and maintain the same level of parking intensity on the
site. The existing nonconforming building includes a total of 6,181 square feet of
medical space on the first floor. Accordingly, up to 6,181 gross square feet can be
occupied with uses that require a rate of one space per 200 square feet.
The existing 45 parking spaces have been adequate to accommodate parking
demand for patrons and employees of the multi-tenant building. The proposed
allowance for massage and personal services restricted uses are not anticipated to
result in an intensification of use and will not require the provision of additional parking.
Conditions of approval are included to ensure that the future buildout of the various
tenant spaces will not result in over 6,181 square feet of uses that require a parking
rate of one space per 200 square feet of floor area (i.e., the same as the existing
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medical use). The remaining tenant spaces shall be occupied with uses that require a
lower parking rate of one space per 250 square feet of floor area or less (e.g., one
space per 300 sf).
Conditions of Approval
Conditions of approval are included to regulate the personal services, restricted land
uses and massage establishments within the building in order to help prevent the
possibility of blight within the area. Similarly, staff included additional restrictions that
will ensure adequate parking is available for the potential mixture of uses in the
building. These restrictions are intended to provide the applicant with flexibility in
identifying and leasing to future tenants based on the market demand for various uses.
This will also allow the City to restrict uses that generate a higher parking demands or
have a greater likelihood to create nuisances. A summary is provided below.
Personal Services Restricted Land Uses 75% Maximum of Building SF
(i.e. Day Spa, Acupuncture, etc.)
Massage Services 50% Maximum of Building SF
Land Uses with Parking Demand of 1/200 SF 6,181 SF Maximum
ENVIRONMENTAL REVIEW
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.
The proposed project includes the conversion of an existing medical and professional
office building to various personal services, massage establishments, and other uses. No
exterior construction is proposed.
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.
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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:
______________________________
Liz Westmoreland, Associate Planner
BMZ/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR
USE PERMIT NO. UP2019-057 TO ALLOW MASSAGE AND
PERSONAL SERVICES, RESTRICTED LAND USES WITHIN AN
EXISTING MULTI-TENANT COMMERCIAL BUILDING LOCATED
AT 4463 BIRCH STREET (PA2019-261)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Hong Lien Pham (Applicant), with respect to property located
at 4463 Birch Street and legally described as Lot 11 of Tract No. 5169 requesting approval
of a minor use permit.
2. The Applicant requests a minor use permit to allow the operation of massage and personal
services, restricted land uses, including day spas and healing arts (e.g., acupuncture)
within an existing 11,420-square-foot commercial building. A waiver of location restrictions
is requested to allow the proposed massage use(s) within 500 feet of other massage uses.
No alcohol sales or late hours are proposed as part of this application.
3. The subject property is designated AO (Airport Office and Supporting Uses) by the General
Plan Land Use Element and is located within the OA (Office Airport) Zoning District.
4. The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5. A public hearing was held online on September 24, 2020, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of time, place and purpose of the hearing 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 hearing.
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, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The proposed project includes the conversion of an existing medical and professional
office building to various personal services, massage, and other uses. No exterior
construction is proposed.
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SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of
the Newport Beach Municipal Code (NBMC), 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 Airport Office and Supporting Uses (AO) in the Land Use
Element of the General Plan. This designation is intended to provide for the
development of properties adjoining the John Wayne Airport for uses that support or
benefit from airport operations. These may include professional offices, aviation
uses, and ancillary retail, restaurant, and service uses.
2. The proposed personal services, restricted and massage uses are consistent with
the AO designation, as they will provide services that support the surrounding
commercial uses and the region at large. The proposed wellness building could
serve and complement the nearby John Wayne Airport and the surrounding
business community, as visitors and employees would be able to conveniently
access the massage, acupuncture, or day spa services prior to or after a flight.
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 Municipal Code.
Facts in Support of Finding:
1. The subject property is in the Office Airport Zoning District, which is intended to
provide for uses that support or benefit from airport operations. These may include
corporate and professional offices, accessory retail, restaurant, service uses, etc.
The proposed uses are considered service uses and are therefore consistent with
the intent of the land use designation.
2. Pursuant to Table 2-4 of Section 20.22.020 (Commercial Zoning Districts Land Uses
and Permit Requirements) of the NBMC, both personal services, restricted uses
(acupuncture, healing arts, etc.) and massage uses are personal services uses that
may be permitted in the OA Zoning District subject to the approval of a minor use
permit (MUP).
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3. The existing medical and professional office building was constructed in the 1960s
and does not comply with the current parking requirements of the NBMC. However,
the proposed uses would not result in an intensification or increase in the degree of
nonconformity. Further, evidence exists to support that the proposed use will
ultimately result in a similar parking demand to the prior professional office and
medical office uses. Conditions of approval are included to maintain adequate
parking on-site (Condition of Approval Nos. 2 and 4).
4. The proposed massage use is consistent with the legislative intent of Section
20.48.120 (Massage Establishments and Services) and Chapter 5.50 (Massage
Establishments) of the NBMC. 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. The project includes
flexibility to provide massage in conjunction with other uses (e.g. acupuncture,
physical therapy) or as a standalone business.
5. The Newport Beach Police Department (NBPD) has reviewed the project and finds
the various scenarios to be acceptable subject to standard conditions of approval.
Any potential massage establishment operator will be required to obtain an
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. As proposed, potential massage operations may operate within the two main suites
on the second floor. The operation may consist of up to six (6) potential massage
rooms, a customer waiting area, and an equipment/laundry area in the wellness
center. There would also be an accessory massage room for the acupuncturist suite.
Condition of Approval No. 4 is included to limit massage uses to no more than 50
percent of the existing commercial building.
2. Condition of Approval No. 3 limits personal services, restricted uses, such as
acupuncture and day spa, to no more than 75 percent of the building, subject to
parking and building code requirements. The limit of 75 percent of the overall building
square footage is intended to reduce the potential for blight in the airport area and
allow for other complementary uses such as hair salons and makeup businesses.
3. The typical hours of operation for the various personal services restricted and
massage uses will be from 8 a.m. to 8 p.m. The neighboring uses consist of offices,
the Hyatt Hotel, and Enterprise Vehicle Rentals.
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operation 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.
4. The project site and surrounding area consist of a mixture of professional offices, a
hotel, car rental services, as well as service uses that serve residents and visitors in
the surrounding area. The proposed massage and personal services uses will
provide a service that supports residents, local employees, 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 near the intersection of Birch Street and MacArthur
Boulevard, and the southern boundary of John Wayne Airport. The property is
developed with a two-story, multi-tenant commercial building. The building has
historically been occupied by medical offices and professional offices that serve the
area. The site is accessible by a driveway on Birch Street. The 45-space surface
parking lot that surrounds the building is conveniently located on-site for use of
patrons and employees.
2. The two-story, 11,420-square-foot office building was originally constructed in 1969.
In 1996, the first floor was converted to medical office uses. The second floor was
vacant at the time of conversion, but was intended for office uses. The building was
considered nonconforming at the time, as only 42 parking spaces were provided.
The Zoning Code in effect at the time required 46 spaces at a rate of one space per
250 square feet of net floor area.
3. In 2005, a Zoning Code amendment (City Council Ordinance No. 2005-1) increased
the parking requirement for medical office uses from one space per 250 net square
feet to one space per 200 gross square feet of floor area, increasing the parking
nonconformity. Therefore, the existing first-floor medical uses are nonconforming
and the second-floor office uses remain nonconforming as well. Since 1996, three
additional parking spaces have been constructed to reduce the degree of
nonconformity, resulting in 45 parking spaces. The existing 6,181 square feet of
medical uses on the first floor are still considered nonconforming under the current
NBMC.
4. The proposed project will include a variety of uses with different parking
requirements. Proposed uses such as medical or massage that have the same rate
as the existing medical use can occupy the building (i.e., -for-, to match the
existing nonconforming medical use and maintain the same level of parking demand
on the site. The existing nonconforming building includes a total of 6,181 square feet
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of medical on the first floor. Accordingly, up to 6,181 gross square feet can be
occupied with uses that require a rate of one space per 200 square feet.
5. The existing 45 parking spaces have been adequate to accommodate parking
demand for patrons and employees of the multi-tenant building. The proposed
allowance for massage and personal services restricted uses are not anticipated to
result in an intensification of use and will not require the provision of additional
parking. Conditions of approval are included to ensure that the future buildout of the
various tenant spaces will not result in over 6,181 square feet of uses that require a
parking rate of one space per 200 square feet of floor area (i.e. the same as the
existing medical use). The remaining tenant spaces shall be occupied with uses that
require a lower parking rate of one space per 250 square feet of floor area or less
(e.g., one space per 300 sf).
6. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property and the proposed massage establishment and personal
services uses 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 uses have been conditioned with typical daytime hours of operation that will
minimize any potential detriment to the area. Condition of Approval No. 5 restricts
hours of operation to 8 a.m. to 8 p.m., daily.
2. The proposed massage and personal service uses 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 Divisions,
Public Works, Fire, and Police Departments, and recommended conditions of
approval have been included to limit any effects to the City or persons visiting or
working in the surrounding neighborhood.
Waiver of Location Restrictions
In accordance with Section 20.48.120(B) (Massage Establishments and Services Waiver of
Location Restrictions) of the NBMC, the following findings and facts in support of such findings
are set forth:
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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 Support 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 massage use is located within 500 feet of another
establishment offering massage services, it is located in a separate development
and is sufficiently separated from other massage services, the closest of which are
located at the Hyatt Hotel approximately 260 feet from the subject site. Additionally,
the proposed project may include multiple tenant suites offering massage services
within the same commercial building. The Police Department has reviewed the
proposal and does not have concerns regarding the proposal of multiple massage
establishments subject to Condition of Approval Nos. 32 through 35. Similarly, the
Code Enforcement Division has reviewed the proposed uses and provided Condition
of Approval Nos 30 and 31 to provide additional transparency to the businesses.
3. There will be no late hours of operation, as the proposed hours, as conditioned are
8 a.m. to 8 p.m., seven (7) days a week. The massage use is complementary to the
other wellness related uses in the building.
4. Condition of Approval No. 33 is included to ensure the Applicant will obtain an
Chapter 5.50 (Massage Establishments) of the Newport Beach Municipal Code prior
to operation of the business.
Finding:
G. The proposed use will not enlarge or encourage the development of an urban blight area.
Fact in Support of Finding:
1. The proposed massage uses are located in individual tenant spaces 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. Additionally, there are no
existing residential uses within the surrounding area. Lastly, the owner completed
site work in 2014 to improve the parking lot, trash enclosure, and update the
appearance of the building exterior.
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Finding:
H. The proposed use will not adversely affect a religious institution, school, park, or
playground.
Facts in Support of Finding:
1. The proposed use is located adjacent to John Wayne Airport and surrounding
commercial uses. There are no public or private schools, playgrounds, or religious
institutions within 500 feet of the subject property.
2. The subject property has adequate lighting and is visible from Birch Street.
3. The NBPD has reviewed the request for a waiver of location restrictions and has no
concerns regarding the proposed massage operation.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15101 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2019-057 subject to the conditions set forth in Exhibit A, which is attached hereto
and incorporated by reference.
3. 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 24TH DAY OF SEPTEMBER, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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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 amount of land uses that require a parking rate of one space per 200 square feet
of floor area shall not exceed 6,181 square feet in aggregate. The uses may be located
on the first or second floor subject to the requirements of the California Building Code
(CBC).
3. The amount of personal services restricted land uses shall not exceed 75 percent of the
existing building square footage, or approximately 8,565 square feet.
4. The amount of massage services or establishments shall not exceed 50 percent of the
existing building square footage, or approximately 5,710 square feet.
5. Hour of operation for the massage and personal services restricted land uses shall be
limited to the hours of 8 a.m. and 8 p.m., daily.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. 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.
8. All proposed signs shall be in conformance the provisions of Chapter 20.42 (Signs) of
the Newport Beach Municipal Code.
9. Use Permit No. UP2019-057 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.54.060 of the NBMC, unless an extension is
otherwise granted.
10. This 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.
11. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review by the Planning Division and may
require an amendment to this Use Permit or the processing of a new Use Permit.
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12. shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
13. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
14. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
15. 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.
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 NBMC. 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 7 AM and
10 PM
Between the hours of 10 PM
and 7 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
17. 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.
18. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on
Saturday. Noise-generating construction activities are not allowed on Sundays or
Holidays.
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19. All trash shall be stored within the building or within dumpsters stored in the existing
trash enclosure (three walls and a self-latching gate) or otherwise screened from view
of neighboring properties, except when placed for pick-up by refuse collection agencies.
20. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
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. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
24. 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.
25. 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 NBMC to require such
permits.
26. 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
approval of Pham Wellness Building including, but not limited to, Minor Use Permit No.
UP2019-057 (PA2019-261). 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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Zoning Administrator Resolution No. ZA2020-###
Page 11 of 11
01-25-19
Building Division
27. The Applicant is required to obtain all applicable permits from the City Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the CBC. The construction plans must meet all applicable State
Disabilities Access requirements.
28. The second floor shall provide access to two exits without going through intervening rooms
or other tenant spaces. Plans shall comply with CBC 1016.2.
29. Provide accessible means of egress in accordance with CBC 1009.
Code Enforcement Division
30. All windows (except treatment room windows) shall remain visible and transparent.
Window signage shall comply with the NBMC.
31. The name of employees and State Certifications shall be provided to City staff upon
request.
Police Department
32. Strict adherence to the NBMC Chapter 5.50 shall be required.
33. The individual businesses
of Police and keep said permit in good standing.
34. All employees of the Applicant business who conduct massages must be certified by
the CAMTC (physicians, physical therapists, and chiropractors exempt).
35. As outlined in the NBMC Section 5.50.030, the business shall maintain the requirements
of operation and submit to inspections by officers of the Police Department.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Minor Use Permit No. UP2019-057
PA2019-261
4463 Birch Street
Subject Property
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Attachment No. ZA 3
Project Plans
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