HomeMy WebLinkAbout05_Biologi Spa Minor Use Permit_PA2022-140-CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 25, 2022
Agenda Item No. 5
SUBJECT: Biologi Spa (PA2022-140)
Minor Use Permit No. UP2022-016
SITE LOCATION: 1340 Bison Avenue
APPLICANT: Biologi Spa
OWNER: Camelia Bennani
PLANNER: Liane Schuller, Planning Consultant
949-644-3200 or lschuller@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: General Commercial (CG)
Zoning District: Bonita Canyon (PC50)
PROJECT SUMMARY
The Applicant requests a minor use permit to establish a day spa within a 1,970-square-foot
tenant space in an established commercial center. The business offers various aesthetic
treatments including skin care, permanent make-up, and injectables. A Minor Use Permit is
required because the use is a day spa, which is classified as 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 no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2022-016 (Attachment No. ZA 1).
1
Biologi Spa (PA2022-140)
Zoning Administrator, August 25, 2022
Page 2
Tmplt: 05/27/20
DISCUSSION
The subject 1,970-square-foot suite is located in The Bluffs Shopping Center, a
multi-tenant commercial center bounded by Bison Avenue to the south, MacArthur
Boulevard to the west, and State Highway 73 to the northeast. The commercial
center is currently tenanted by retail, restaurant, and other personal service uses
including a hair salon, nail salon, massage, and infrared sauna studios.
The Applicant requests approval to establish a day spa offering various aesthetic
treatments including skin care, permanent make-up, and injectables A description of
the business is attached, with a breakdown of the services offered and the business
activity anticipated to be generated by each type of service (Attachment ZA 3).
The proposed use is consistent with the CG (General Commercial) land use
designation, as identified in the attached draft Resolution for approval (Attachment
No. ZA 1). The day spa will offer services to those who live, work, and visit the city.
The project will allow for continued tenancy of the existing vacant commercial
space and will be consistent with other previously approved service type uses
located in the commercial center.
The property is located within the Commercial Sub-Area 5 of the PC50 (Bonita
Canyon Planned Community Zoning District). The land use schedule in the
Planned Community does not specifically list service type uses such as a day spa
or restricted personal service within the land use table. Section 2.1, General
Provisions, of the Planned Community gives the Planning Director the authority
to determine where uncertainty exists and whether the use is substantially
compatible or incompatible with those land uses contained within the schedule.
The Bonita Canyon Planned Community (PC50) Zoning District Sub-Area 5 is
designated to allow a broad variety of commercial uses including personal service
uses such as beauty salons and barber shops. Beauty salons, nail salons, and
massage services have previously been approved within this sub-area. The
proposed day spa use is similar in nature to previously approved personal service
uses
In this case, the Community Development Director has determined that the
proposed use is substantially compatible with other uses in the shopping center as
a conditionally permitted use. Similar service uses such as a massage
establishment that offers skin care treatments and related retail have previously
been approved per Minor Use Permit No. UP2010-009
(PA2010-049) at 1334 Bison Avenue within The Bluffs Shopping Center. A day
spa is included in the Zoning Code definition of
land use requiring a minor use permit. The services offered include injectables
(Botox, Fillers) and skin tightening services, which are considered ancillary medical
2
Biologi Spa (PA2022-140)
Zoning Administrator, August 25, 2022
Page 3
Tmplt: 05/27/20
treatments. Ancillary medical treatments will be overseen by a medical
professional and do not comprise more than 20 percent of the services offered.
The day spa proposes to operate by appointment between the hours of 10:00 a.m.
and 6:00 p.m., Monday to Saturday. For future operational flexibility, staff
recommends allowing business hours between 8:00 a.m. and 6:00 p.m. daily.
Project implementation will consist of limited interior tenant improvements that
comply with applicable Building Code requirements.
The existing tenant space was previously occupied by a retail use. Conversion to
a land use does not change parking demand.
Pursuant to Table 3-10 of Newport Beach Municipal Code (NBMC) Section
20.40.040 (Off-Street Parking Requirements), personal services, retail and general
office uses with less than 20 percent medical use are parked at the same rate of 1
space per 250 square feet of gross floor area. The existing shared surface parking
area provides adequate parking for the existing and proposed 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 limited interior tenant improvements in
compliance with Building Code requirements within an existing building and tenant space.
There will be no intensification of use and no change to the existing building occupancy
classification.
PUBLIC NOTICE
Notice of this application was published in the OC Register, 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.
3
Biologi Spa (PA2022-140)
Zoning Administrator, August 25, 2022
Page 4
Tmplt: 05/27/20
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
MN/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3
ZA 4 Project Plans
4
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2022-016 FOR A DAY SPA LOCATED AT
1340 BISON AVENUE (PA2022-140)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Camelia Bennani of Biologi Spa (Applicant) with respect to
property located at 1340 Bison Avenue and legally described as a portion of Parcel 1 of
Parcel Map 326-48, seeking approval of a minor use permit.
2. The Applicant requests a minor use permit to establish a day spa within a 1,970-square-
foot tenant space in an established commercial center. The business offers various
aesthetic treatments including skin care, permanent make-up, and injectables. A Minor
Use Permit is required because the use is a day spa, which is classified as a Personal
Services, Restricted land use.
3. The subject property is categorized as General Commercial (CG) by the General Plan
Land Use Element and is within the Commercial sub-area of the Bonita Canyon Planned
Community (PC50) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 25, 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.
3. Project implementation will consist of limited tenant improvements and there would be
no intensification of use beyond the previously existing retail use.
6
Zoning Administrator Resolution No. ZA2022-###
Page 2 of 8
01-25-19
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 proposed use is consistent with the CG (General Commercial) land use
designation. The day spa will offer services to those who live, work, and visit the city.
The project will allow for continued tenancy of the existing vacant commercial space
and will be consistent with other previously approved service type uses located in
the commercial center. The day spa will integrate well with the existing adjacent
commercial uses as it will contribute to the range of services offered.
2. Approval of the project will allow for continued occupancy of the currently vacant
tenant space in a manner consistent with other uses located in The Bluffs commercial
center.
3. The 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 property is located within the Commercial Sub-Area 5 of the PC50 (Bonita
Canyon Planned Community Zoning District). The land use schedule in the Planned
Community does not specifically list service type uses such as a day spa or restricted
personal service within the land use table. Section 2.1, General Provisions, of the
rmine where
uncertainty exists and whether the use is substantially compatible or incompatible
with those land uses contained within the schedule.
2. In this case, the Community Development Director has determined that the proposed
use is substantially compatible with other uses in the shopping center as a
conditionally permitted use. Similar service uses such as a massage establishment
that offers skin care treatments and related retail have previously been approved per
Minor Use Permit No. UP2010-009 (PA2010-049) at 1334 Bison
Avenue within The Bluffs Shopping Center.
7
Zoning Administrator Resolution No. ZA2022-###
Page 3 of 8
01-25-19
3. The Bonita Canyon Planned Community (PC50) Zoning District Sub-Area 5 is
designated to allow a broad variety of commercial uses including personal service
uses such as beauty salons and barber shops. Beauty salons, nail salons, and
massage services have previously been approved within this sub-area. The
proposed day spa use is similar to previously approved personal service uses.
4.
injectables (Botox, Fillers) and skin tightening services, which are considered
ancillary medical treatments. Ancillary medical treatments will be overseen by a
medical professional and do not comprise more than 20 percent of the services
offered.
5. The proposed tenant space was previously occupied by a retail use and conversion
Table 3-10 of NBMC 20.40.040 (Off-Street Parking Requirements), personal
services and general retail or office uses are parked at the same rate of one (1)
space per 250 square feet of gross floor area. The existing surface parking area
provides sufficient parking for existing and proposed uses.
6. Project implementation will consist of tenant improvements designed to comply with
applicable Building Code requirements.
7. The operational characteristics of approval will promote compatibility with the
surrounding uses. The floorplan provides six (6) separate treatment rooms for
various treatments. The injectables and skin tightening treatments that are
considered a medical use will constitute no more than 20 percent of the offered
services.
8. As conditioned, the proposed use will comply with all 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 in an existing tenant space within an established commercial
center. The design, size, location, and operating characteristics of the use are
compatible with the surrounding development. The proposed day spa is consistent
with the existing retail, restaurant, and personal service uses in the commercial
center.
2. Based on operational characteristics, the use is not considered a medical office land
use. Ancillary medical services including injectables and skin tightening treatments
8
Zoning Administrator Resolution No. ZA2022-###
Page 4 of 8
01-25-19
constitute a small portion of the business, up to 20 percent of the overall services
provided.
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 applicable Building and
Fire Codes.
5. As conditioned, the allowed hours of operation are from 8:00 a.m. to 6:00 p.m., daily.
This will help to limit any potential late night or early morning land use conflicts with
allowed uses in the vicinity. The business provides specialized, individual
consultations by appointment only, and is expected to maintain compatibility with the
adjacent commercial uses in The Bluffs center.
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 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 are taken from Bison Avenue. Public services and utilities are provided on-
site.
2. Tenant improvement plans will be reviewed prior to the issuance of building permits
to ensure compliance with applicable Building and Fire Codes.
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.
in the Shopping Center, as discussed in Fact in Support of Findings B.2 and C.5.
9
Zoning Administrator Resolution No. ZA2022-###
Page 5 of 8
01-25-19
3. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses and the 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. Medical treatment services
will be limited to 20 percent of the overall tenant space to ensure these services are
ancillary to the primary day spa use of the business.
4. The proposal has been reviewed by the Building and Code Enforcement Divisions,
Public Works, Fire, and Police Departments, and recommended conditions of
approval have been included to limit any detriment to the City or general welfare of
persons visiting or working in the surrounding neighborhood.
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 a Minor Use
Permit, 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 25TH DAY OF AUGUST, 2022.
_________________
Jaime Murillo, Zoning Administrator
10
Zoning Administrator Resolution No. ZA2022-###
Page 6 of 8
01-25-19
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. A 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 8:00 a.m. and 6:00 p.m., daily.
5. Aesthetic treatment services (ancillary medical services) shall be limited to Botox
injections only within 20 percent of the tenant space. Any additional services shall be
reviewed by the Planning Division and may require the processing of an amendment to
this Minor Use Permit or a new use permit.
6. The
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. UP2022-016 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 are
detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained 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.
11
Zoning Administrator Resolution No. ZA2022-###
Page 7 of 8
01-25-19
11. A copy of the Resol
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 the 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. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 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.
17. 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.
18. A Special Events Permit is required for any event or promotional activity outside the
normal operating 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 Newport Beach Municipal
Code to require such permits.
19. 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.
20. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
Biologi Spa including, but not limited to, Minor Use
12
Zoning Administrator Resolution No. ZA2022-###
Page 8 of 8
01-25-19
Permit No. UP2022-016 (PA2022-140). This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, 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 the City's costs, attorneys' fees,
and damages which the City incurs in enforcing the indemnification provisions outlined 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.
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Minor Use Permit No. UP2022-016
(PA2022-140)
1340 Bison Avenue
Subject Property
15
Attachment No. ZA 3
16
Thursday June 30th, 2022
To whom it may concern,
Biologi is a premier boutique aesthetics, permanent makeup and personal
care service provider in Newport Beach and Orange County, California.
Located in the heart of an area known for its unparalleled beauty, we offer
many services to enhance your natural beauty and personal wellness.
Our office will consist of 3 employees for personal care, one Doctor and his
Nurse that are on a part time basis providing Injectables. The rest of the
services will consist of Microblading, Ombre eyebrows, Lip Blushing, Skin care
treatments and noninvasive care services.
Total Square feet of the space is 1970 Sqft.
Our hours of operation hours are Monday- Saturday from 10 am to 6 pm.
There will be 7 Rooms available for service, 2 will be dedicated to Medical
Aesthetic use on a part time basis and the rest for all other non-medical care.
Bellow attached all necessary information.
17
18
Attachment No. ZA 4
Project Plans Attachment No. ZA 4
Project Plans
19
20
21
22
23