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HomeMy WebLinkAbout1784 - APPROVE UP_120 TUSTIN AVE SUITES C AND DRESOLUTION NO. 1784 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT UP2009 -001 FOR OPERATION OF A MASSAGE ESTABLISHMENT LOCATED AT 120 TUSTIN AVE, SUITES C AND D (PA 2009 -005) WHEREAS, an application was filed by Kyong Wilson, with respect to property located at 120 Tustin Avenue, and legally described as Lot 18, Tract 1133, as shown on Book 425, Page 47, County of Orange, requesting approval of Use Permit No. UP2009 -001 for the establishment of an independent massage establishment in conjunction with existing tailoring, retail, and skin care services; and WHEREAS, the subject property is located within Mariner's Mile Specific Plan District and is subject to the requirements of Chapters 20.42 and 20.87 of the Zoning Code which requires approval of a use permit for massage establishments as an independent use; and WHEREAS, in accordance with Chapters 20.42, 20.87 and 20.91 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in support of finding: • The site is located in the Mariner's Mile Specific Plan District in an area designated as Retail and Service Commercial. This area is intended to serve as an active pedestrian - oriented retail area with a wide range of visitor - serving, neighborhood commercial and marine - related uses. The proposed massage service is accessory to the retail and service uses, which are consistent with the intent of the Mariner's Mile Specific Plan District. • Massage establishments are a permitted use in this district upon approval of a use permit. Use permits enable the City to control certain uses which could have detrimental effects if not compatible with uses on adjoining properties and in the surrounding area. A massage establishment is complementary to some of the other uses in the commercial building which includes a hair salon, a jeweler, and a florist because it adds another beneficial service for residents and visitors. The proposed addition of massage services does not present any conflicts with the purpose and intent of this district. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Planning Commission Resolution No. Paqe 2 of 5 Facts in support of finding: • The proposed addition of massage services as an accessory use is consistent with the Mixed -Use Horizontal land use designation, which allows for neighborhood- serving retail. The addition of massage is minor in nature and would integrate well with the neighborhood- serving retail uses because it will offer additional services to the area without being a detriment to the community. The limited hours of operation are consistent with those of other businesses in the immediate area. The massage services will only be provided in a room that is less than 100 square feet in area, which is less than ten percent of the entire suite, and only one customer will offered massage services at one time. • The proposed addition of massage services as an accessory use is consistent with the policies in the General Plan, including policy LU 6.19.4 that encourages uses that serve residential neighborhoods, such as specialty retail, on the inland parcels in Mariner's Mile. The existing use of retail sales and personal services is a specialty retail use that adheres to this General Plan Policy, and the addition of massage services will not significantly change the character of the use in a way that is inconsistent with General Plan Policy LU 6.19.4. • Compliance with all other applicable regulations of the Municipal Code will be required and enforced, including Chapter 5.50 (Massage Establishments), which regulate massage services with a massage permit from the Police Department in order to protect the health, safety and welfare of citizens of the City. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in support of finding: • The proposed massage establishment is consistent with the legislative intent of Chapter 20.87 of the Municipal Code. The purpose and intent of the chapter is to disperse the location of massage establishments throughout the City and to prevent problems of blight. The proposed massage service is minor in comparison to the overall skin care, tailoring, and retail sales use because less than ten percent of the square footage of the suites is dedicated to massage services. The combined square footage of the two suites is approximately 1,000 square feet and the room dedicated to massage services is less than 100 square feet. Only one massage table and one massage customer will be in the room at any given time, and massage services will be provided only during the hours of operation of the principal use. Even though the site is within 500 feet of another massage establishment, the proposed addition of massage services as an accessory use to the existing retail sales and personal service use will not result in a concentration of massage uses in the neighborhood that would be detrimental to the neighborhood or create neighborhood blight. • The proposed use is in the retail and service commercial area of the Mariner's Mile Specific Plan District. The personal service and retail sales use with the proposed addition of massage services are consistent with the provisions of this Specific Plan. Planning Commission Resolution No. Page 3 of 5 • Compliance with all other applicable regulations of the Municipal Code will be required and enforced. WHEREAS, Section 20.87.025 of the Municipal Code specifies that no use permit be approved for any massage establishment within 500 feet of any public or private school, park or playground, civic center, cultural site or church site, or any other massage establishment site. The proposed site is located within 500 feet of a public park and another massage establishment site; and WHEREAS, in accordance with Section 20.87.025 of the Municipal Code the following findings for waiver of location requirements and facts in support of the findings: Finding: 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: • The proposed use is within 500 feet of another massage establishment (2700 West Coast Highway), however, the other facility is a massage use in conjunction with a skin care facility. The massage service is a minor part of the overall skin care service because only one massage table is used in the facility and only one massage technician works at any given time. Therefore, the proposed massage use will not result in an over - concentration of massage uses in the neighborhood that would be detrimental to the neighborhood or create neighborhood blight. • The proposed massage establishment is within 500 feet of a park located at 2501 Cliff Drive. This park is on a hill at least 40 feet higher in elevation, so the massage establishment will not impact the use of the park. • The massage establishment is only one part of the business, since Spatique offers tailoring, skin care, and retail sales services. • Compliance with all other applicable regulations of the Municipal Code will be required. Finding: The proposed use will not enlarge or encourage the development of an urban blight area. Facts in support of finding: • The proposed use is not in an urban blighted area. • The proposed use is located in a commercial building with coordinated tenant management, which will discourage blight to the area because the owner of the building and the other tenants have a vested interest in the quality and integrity of the property site. Planning Commission Resolution No. Paae 4 of 5 Finding: The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. Facts in support of finding: • The proposed use is not in an urban blighted area. • The proposed use is located in a commercial building with coordinated tenant management, which will discourage blight to the area because the owner of the building and the other tenants have a vested interest in the quality and integrity of the property site. WHEREAS, a public hearing was held on March 19, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the project qualifies for an exemption from environmental review pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts the operation of existing facilities involving negligible expansion of use; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2009 -001, subject to the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH 2009. M BY: C& - Barry Eat , Secretary AYES: Eaton Unsworth, Hawkins, Peotter McDaniel, Toerae and Hillgren EXCUSED: None Planning Commission Resolution No. Pape 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL PROJECT SPECIFIC CONDITIONS ARE DENOTED WITH ITALICS 1. The development shall be in substantial conformance with the approved floor plan. 2. All applicable requirements of Chapter 5.50 of the Municipal Code shall be fulfilled. 3. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed use, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 4. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 5. The Planning Commission may add to or modify conditions of approval to this Use Permit, or revoke this permit upon a determination that the operation that is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 6. This approval shall expire unless exercised within 24 months from the end of the appeal period, in accordance with Section 20.91.050 of the Newport Beach Municipal Code. 7. Only one licensed massage technician shall be permitted to operate within the facility at any one time. No more than one treatment room shall be provided for massage services. Any additional massage technicians or treatment rooms shall be subject to approval of an amendment of this Use Permit. 8. Massage services shall be provided only during the hours of operation of the principal use, but in any event, the hours of operation for massage services shall be limited to between 10:00 a.m. to 6:00 p.m., daily.