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HomeMy WebLinkAbout02_Restore Hyper Wellness Minor Use Permit_PA2022-023CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT May 12, 2022 Agenda Item No. 2 SUBJECT: Restore Hyper Wellness (PA2022-023) Minor Use Permit No. UP2022-004 SITE LOCATION: 1062 Irvine Avenue APPLICANT: Vytal Ventures, LLC (dba Restore Hyper Wellness) OWNER: Marc Thomas PLANNER: Liane Schuller, Planning Consultant 949-644-3200 or lschuller@newportbeachca.gov LAND USE AND ZONING •General Plan Land Use Plan Category: Neighborhood Commercial (CN) •Zoning District: Commercial Neighborhood (CN) PROJECT SUMMARY The Applicant requests a minor use permit to establish a wellness day spa within a 3,737-square-foot tenant space in an existing commercial center. A Minor Use Permit is required because the business offers various non-medical health services for chronic pain management, injury recovery, athletic performance and general wellness, and is considered a Personal Services, Restricted land use. 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 nopotential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.UP2022-004 (Attachment No. ZA 1). 1 Restore Hyper Wellness (PA2022-023) Zoning Administrator, May 12, 2022 Page 2 DISCUSSION • The subject 3,737-square-foot suite is located in the Westcliff Plaza multi-tenant commercial center, located at the northeast corner of Irvine Avenue and Westcliff Drive. Surrounding land uses include a mix of retail, service, and restaurant uses. • The Applicant requests approval to establish a wellness day spa offering various non-medical health services for chronic pain management, injury recovery, athletic performance and general wellness, within a 3,737-square-foot tenant space of an existing multi-tenant commercial building. The Minor Use Permit is required because the business is considered a Personal Services, Restricted land use. • The business is considered a “Personal Services, Restricted” land use because it provides specialized healing treatments (“arts”) including Cryotherapy, Infrared Sauna, Red Light therapy, Cryoskin treatment, Hydra facials and Hyperbaric Oxygen therapy, and IV Drip therapy (an ancillary medical office use). The Personal Services, Restricted land use category applies to service establishments that may have a blighting or deteriorating effect upon surrounding areas, such as day spas, tanning salons, and tattoo shops. The space is not considered a medical land use because none of the offered services require the presence of a physician on-site. According to Table 2-5 of Newport Beach Municipal Code (NBMC) Chapter 20.20 (Commercial Zoning Districts), a Personal Services, Restricted use is allowed in the Neighborhood Commercial (CN) zone, subject to the approval of a minor use permit. • A retail clothing store previously occupied the subject suite and the conversion to a “Personal Services, Restricted” land use does not change parking demand. Pursuant to Table 3-10 of NBMC Section 20.40.040 (Off-Street Parking Requirements), personal services and general retail uses are parked at the same rate of 1 space per 250 square feet of gross floor area. A surface parking lot provides shared parking for the overall commercial center. The business encourages appointments for services and will also accommodate walk-ins when possible. The proposed business hours are Monday to Friday, between 8 a.m. and 7 p.m., and Saturday to Sunday, between 8 a.m. and 6 p.m. • Project implementation will consist of tenant improvements to bring the existing suite into compliance with Building and Fire Code safety and accessibility requirements. • The proposed use is consistent with the CN Neighborhood Commercial land use designation and Commercial Neighborhood (CN) zoning district, as identified in the attached draft Resolution for approval (Attachment No. ZA 1). The proposed wellness day spa will provide services to those who live, work, and visit the city. 2 Restore Hyper Wellness (PA2022-023) Zoning Administrator, May 12, 2022 Page 3 The project would allow for continued tenancy of the existing commercial space in a manner consistent with the surrounding adjacent on-site commercial uses. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 150301 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. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Project implementation would consist of a limited tenant improvement to bring the existing suite into compliance with Building Code accessibility requirements. There will be no intensification of use and no change of the existing building occupancy classification. 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: MKN/ls Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant’s Project Description ZA 4 Project Plans 3 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2022-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2022-004 FOR A PERSONAL SERVICES, RESTRICTED LAND USE, LOCATED AT 1062 IRVINE AVENUE (PA2022-023) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Vytal Ventures, LLC dba Restore Hyper Wellness (Applicant) with respect to property located at 1062 Irvine Avenue and legally described as Lot 8 of Tract 4824, seeking approval of a minor use permit. 2.The Applicant requests approval to establish a wellness day spa offering various non- medical health services for chronic pain management, injury recovery, athletic performance and general wellness, within a 3,737-square-foot tenant space of an existing multi-tenant commercial building. The Minor Use Permit is required because the business is considered a Personal Services, Restricted land use. 3.The subject property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and is within the Commercial Neighborhood (CN) Zoning District. 4.The subject property is not located in the coastal zone. 5.A public hearing was held on May 12, 2022, via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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.Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 5 Zoning Administrator Resolution No. ZA2022-### Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the 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 CN Neighborhood Commercial land use designation is intended to provide for a limited range of retail and service uses developed in one (1) or more district centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The proposed wellness day spa comports with this intent. 2. The wellness day spa will provide services to those who live, work, and visit the city. The project would allow for continued use of the existing commercial space in a manner consistent with the surrounding adjacent on-site commercial uses. 3. The property is not located within 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 Commercial Neighborhood (CN) Zoning District is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. 2. The business is considered a “Personal Services, Restricted” land use because it provides specialized healing treatments (“healing arts”) including IV Drip therapy, Cryotherapy, Infrared Sauna, Red Light therapy, Cryoskin treatment, Hydra facials and Hyperbaric Oxygen therapy. The Personal Services, Restricted land use category applies to service establishments that may have a blighting or deteriorating effect upon surrounding areas, such as day spas, tanning salons, and tattoo shops. The space is not considered a medical land use because none of the offered services require the presence of a physician on-site. According to Table 2-5 of NBMC Chapter 20.20 (Commercial Zoning Districts), a Personal Services, Restricted use is allowed in the Neighborhood Commercial (CN) zone, subject to the approval of a minor use permit. 3. Project implementation will consist of tenant improvements to bring the existing suite into compliance with Building and Fire Code safety and accessibility requirements. 6 Zoning Administrator Resolution No. ZA2022-### Page 3 of 8 4. A retail clothing store previously occupied the subject suite and conversion to a “Personal Services, Restricted” land use does not change parking demand. Pursuant to Table 3-10 of NBMC Section 20.40.040 (Off-Street Parking Requirements), personal services and general retail uses are parked at the same rate of 1 space per 250 square feet of gross floor area. A surface parking lot provides shared parking for the overall commercial center. 5. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides separate areas for various treatments and IV Drip treatments, which are considered an ancillary medical use, will constitute less than 25 percent of the floor area. 6. As conditioned, the proposed use will comply with all other applicable provisions of the NBMC. 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 project is located within an existing commercial building. The design, size, location, and operating characteristics of the use are compatible with the surrounding existing land uses. The proposed wellness day spa is consistent with the surrounding restaurant, retail, and other service uses in the vicinity. 2. Based on operational characteristics, the use is not considered a medical land use. IV Drip treatments (an ancillary medical use) constitute less than 25 percent of the overall floor area, thereby limiting any potential blight or deterioration to the surrounding area. The business will have a Registered Nurse and a licensed Esthetician on duty, does not administer medications and is not required to have a physician on-site. 3. The proposed use will not require the provision of additional parking on-site, as discussed in Fact in Support of Finding B.4 4. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes. 5. As conditioned, the allowed hours of operation are from 8 a.m. to 7 p.m., Monday to Friday, and Saturday to Sunday, 8 a.m. to 6 p.m. This will help to limit any potential late night or early morning land use conflicts with allowed uses on nearby properties. 7 Zoning Administrator Resolution No. ZA2022-### Page 4 of 8 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. All proposed tenant improvements, with the exception of signage, are limited to the inside of the existing building and will not affect pedestrian circulation, parking spaces, or access to existing tenants. Adequate public and emergency vehicle access is taken from Westcliff Drive and Irvine Avenue. Public services and utilities are adequately provided for on-site. 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and plans will be reviewed prior to the issuance of building permits. 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 proposed use is intended to serve residents and visitors to Newport Beach. 2. See Fact in Support of Finding C.5 related to hours of operation. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses and City as a whole are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the business. 4. The proposed suite is an existing commercial space within an existing multi-tenant building, which has been historically occupied by similar uses. The space has not proven unsuitable for this type of use. 5. The proposal has been reviewed by the Building Division, 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. 8 Zoning Administrator Resolution No. ZA2022-### Page 5 of 8 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 15301 under Class 1 (Existing Facilitates) 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. UP2022-004, 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 12TH DAY OF MAY, 2022. __________________________ Jaime Murillo, Zoning Administrator 9 Zoning Administrator Resolution No. ZA2022-### Page 6 of 8 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. The hours of operation shall be limited to between 8 a.m. and 7 p.m., Monday to Friday, and between 8 a.m. and 6 p.m. Saturday to Sunday. 5. IV Drip treatments (an ancillary medical use) shall constitute less than 25 percent of the overall floor area. 6. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. 7. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 8. Minor Use Permit No. UP2022-004 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Exceptions), unless an extension is otherwise granted. 9. 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. 10. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 10 Zoning Administrator Resolution No. ZA2022-### Page 7 of 8 11. 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. 12. 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. 13. 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. 14. The exterior of the business shall always be maintained free of litter and graffiti. 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. 15. 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). 16. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 17. 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 NBMC. 18. 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 Restore Hyper Wellness including, but not limited to, Minor Use Permit No. UP2022-004 (PA2022-023). 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. 11 Zoning Administrator Resolution No. ZA2022-### Page 8 of 8 Building Division 19. 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 Building Code (2019 California Code Edition). The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. Fire Department 20. The facility is a B occupancy and will not be considered an ambulatory care facility. However, the bariatric chamber (Cryotherapy) will require compliance with NFPA 99, and a fire communication system (like a fire alarm system) will be required. 12 Attachment No. ZA 2 Vicinity Map 13 VICINITY MAP Minor Use Permit No. UP2022-004 (PA2022-023) 1062 Irvine Avenue Subject Property 14 Attachment No. ZA 3 Applicant’s Project Description 15 July 17, 2021 To Whom It May Concern: Restore Hyper Wellness is on a mission to make cutting edge wellness and therapeutic services widely accessible and affordable, so that we can improve lives and enable our customers to do more of what they love to do. Founded in 2015, Restore is the market leader in one of the fastest-growing segments of non-medical health and wellness care. Restore helps people in need of chronic pain management, accelerated injury recovery, improved athletic performance, and healthspan longevity. Its most popular services include Whole Body Cryotherapy and IV Drip Therapy, but it also offers modalities such as Red Light Therapy, Infrared Sauna, Cryoskin, Hydra Facials, and Hyperbaric Oxygen Therapy. Restore does have a Registered Nurse and a licensed Esthetician on duty, but does not administer medications and is not required to and does not have a physician on premise. Its offerings are more accurately categorized as “personal services” in the same vein as massage therapy or waxing services, but with an emphasis on improving physical and mental health. Below is a typical prototype floor plan of a Restore Hyper Wellness center: Here is a room by room breakdown of services: •Reception: This is the greeting and waiting area for customers. The front desk is typically managed by one or more “Hyper Wellness Technicians,” which is a non-medical role that typically assist with sales, customer service, and operations of the center. restere HYPER WELLNESS + CRYOTHERAPY r W. TER ~E.11. TEQ: .Ll.~£,t...c;;;a,o-::n-1=.~ S.t.l\CKED 1, A"-0.-£ ._.C,.. e1NK ~--------------------------------------------------w-~_eo_-::_-::_-::_-::_:_,,_\ _____ ~f--,------ 1 r"'ENCl•t L _____ _ 10' lo!>":,,: 12 4' ~ t-•0'i,,'£1-IZI" ','\ /-=t'>1 ,r;:="1 \ \c_ _..', '.~___, ~PoaR 11.r -1 °'--"So LI-;; \ FLE>< !l'-41',:IO'-'tt) I ~-=----=~:>GL-455 uJAl..L 6""6~H oN. 961 1-0(9~ ~~ WAL. ~,-, 0 I I ~_),_ _ _) ,,..,..,,..,,,_ CUJiii""AI\. o,rr/·--, u ,/--~'-, ' I ........ ,~--~(' ''b'-1' ILi ~· 16 •Open IV Drip/Compression: This is where customers will relax in chairs or lounges while receiving IV drip therapy. Each session lasts 30-60 minutes. This area is managed by the Registered Nurse on duty. •Nurse/Mixing: This is the Registered Nurse’s office where he/she prepares conducts one-on-one consultations with customers and then prepares the IV solutions for the drips. •Quiet Drip: This serves the same function as the Open IV Drip area, except it is meant to be a quiet area for resting or reading. This area is also managed by the Registered Nurse on duty. •Flex: This is a spare room to be used as a changing room, for storage, or for future services TBD. •Stretch: This area typically has one of two stretch tables and is the location where customers receive stretching performed by a trained mobility specialist. Sessions typically last 15-60 minutes. •Laundry/Galley: Self-explanatory. For employees only. •Cryo Room: This is where the cryotherapy chamber resides. Customers change in the nearby dressing rooms to prepare for their cryotherapy session, which typically lasts only around 3 minutes. The Cryo Chamber is operated by a Hyper Wellness Technician. •Tank: If a liquid nitrogen tank is required for the operations of the cryotherapy chamber (which is not planned for this site), then it would go in a separate room, which is not accessible by the public. However, for this site, we intend to use an electric cryotherapy chamber, which will not require a tank, but will instead require a compressor and chiller. •PBM/ADA Dressing Room: This room doubles as an ADA dressing room for the Cryo Chamber. It also serves customers who are receiving PhotoBioModution (PBM), also known as Red Light Therapy. Customers typically sit or stand in front of the red light panels for 15-30 minutes. This room is operated by a Hyper Wellness Technician. •Sleep Therapy: This room houses a one or two hyperbaric oxygen therapy chambers, in which customers relax and/or sleep while receiving pressurized oxygen therapy. Each session typically lasts 30-60 minutes. This room is managed by the Registered Nurse on duty. •Cryoskin: This room services customers receiving Cryoskin or HydraFacial treatments. Each session typically lasts 30-60 minutes. This room is managed by the Esthetician on duty. •Dry Sauna: This room serves customers engaging in infrared sauna therapy. Customers typically sit in the sauna for 15-60 minutes. This room is operated by a Hyper Wellness Technician. •Shower/Toilet/Closet: Self-explanatory. 17 rest0re HYPER WELLNESS + C RYOTHERAPY Restore Hyper Wellness + Cryotherapy -Business Description Prepared by: Restore Corporate Purpose of this Report: • To provide an overall description of the services offered at any retail location of Restore Hyper Wellness+ Cryotherapy, as well as explain our reasoning as a Business Occupancy. Objectives: • Description of offered services. • Explain why Restore is a Business Occupancy. Description of offered services: • Restore provides services catering to a proactive health and wellness lifestyle, with the purpose of serving healthy individuals seeking a healthy life. Our services are not medical and do not attempt to heal illnesses in any way. The services we currently offer include: o IV Drip Therapy. Restore offers a variety of IV Drip "cocktails" (vitamin and mineral mixes) for different results, all aiming to improve the customer's wellness for an extended period of time. o Sleep Therapy. This service puts the customer in an Oxygen-rich, high-altitude environment (the Vitaeris 320) to better improve blood flow and stamina. o IR Saunas. This service is a typical hot sauna with embedded IR lighting to enhance cellular activity. o Compression Therapy. This service is generally performed with compression pants and compresses/decompresses over a period of time, enhancing blood flow throughout the customer's legs. It can also be done in a jacket for upper body but is less common. o Red Light (PBM) Therapy. This service enhances cellular activity on the surface and just below the surface of the skin. The result is generally healthy and smooth skin and an overall feeling of better wellness. o Stretch Therapy. This service is provided by licensed Stretch Therapists and consists of 15 minute, 30 minute, and 1 hour sessions of stretching based on the customer's needs. o Proprietary non-invasive Allergy Relief. This service determines the customer's strongest allergens through non-invasive testing of the skin and creates a cream catered to the customer's needs. The goal is to adjust the customer's immune system over time and build immunity to the allergen. o Cryoskin Therapy. This service is conducted in a private room and uses the Cryoskin machine to get rid of fat and tone the body. o Local Cryotherapy. This service uses a small cryo machine with a hose for localized cryotherapy on the customer's desired area. The purpose is generally to 18 relieve pain and rejuvenate the cells in the area to promote quicker injury recovery. o Whole Body Cryotherapy. This service is one of the most popular services offered by Restore, where a customer stands in a whole body cryo machine for 2.5 to 3 minutes. The goal is to cool the customers skin temperature to 45 degrees, sending the body into a freezing state where cells are energized and blood flow to all vital organs is improved in the body's effort to fight the cold. The purpose is to "restart" your body as well as recover from injury faster, and has an instant effect of feeling better. ■ The cryotherapy machine is cooled using liquid N2 via a VJ pipe connection to a liquid N2 storage tank. Note that no liquid N2 actually touches the customer, as it is fed through piping in the machine which cools the air around it, but the liquid N2 is then vented out of the building, without ever coming into contact with a person. The cooled air is vented into and out of the chamber which cools the customer. Business Occupancy: • First Reasoning o We feel Ambulatory Health Care Occupancy and Health Care Occupancy do not apply to Restore. These specifically refer to individuals of 4 or more simultaneously receiving services, on an outpatient basis, which may render them incapable of taking action for self-preservation under emergency situation without the assistance of others. o Restore clients receiving any service including Vitamin IVs are capable of taking action for self-preservation at any point of their Restore visit. Clients at Restore do not receive any dangerous or controlled substances, including anesthesia, that would render them incapable of taking action in emergency situations. Restore clients are receiving Vitamin IVs while fully cognizant and aware of their surroundings. In the event of an emergency during any point of their Vitamin IV they can remove the catheter themselves if speed is necessary or exit Restore with the mobile stand and/or Vitamin IV bag in hand. o Note -If the statement above does not address the concerns I questions about the function of the space servicing the IV drip room as it pertains to the requirement of ambulatory health occupancy, Restore can simply reduce the number of IV drip chairs to (3) in an effort to maintain the proposed business occupancy and all its associated requirements. • Second Reasoning o NEC 517.2 Invasive Procedure: ■ A new definition of the term "invasive procedure" has been added to 517.2 and includes any procedure that penetrates the protective surfaces of a patient's body (i.e., skin, mucous membrane, cornea) and that is performed with an aseptic field . Note that not included in this category are placement of peripheral intravenous needles or catheters used to 19 administer fluids or medications, gastrointestinal endoscopies, insertion of urethral catheters and other similar procedures. o In our opinion, Restore does not meet the definition as outlined here. While we are penetrating the patient's body, we are not doing it through aseptic means. Also, this category specifically does not include placement of intravenous needles, etc. 20 21 22 Attachment No. ZA 4 Project Plans 23 24