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HomeMy WebLinkAbout2.0_Alchemy 43 Med-Spa_PA2022-0156CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 20, 2022 Agenda Item No. 2 SUBJECT: Alchemy 43 Med-Spa (PA2022-0156) ▪Conditional Use Permit SITE LOCATION: APPLICANT: OWNER: PLANNER: 906 Avocado Avenue Nicci Levy of Alchemy 43 The Irvine Company Joselyn Perez, Assistant Planner 949-644-3312, jperez@newportbeachca.gov PROJECT SUMMARY A request for a conditional use permit (CUP) to operate an approximately 1,150-square- foot medical office (i.e., med-spa) within an existing shopping center. The med-spa will provide aesthetic treatments for up to 12 patients per day with the potential for walk-in patients, dependent on the availability of staff. The med-spa will operate Monday through Saturday, from 10 a.m. to 7 p.m. with up to five employees. 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, because it has no potential to have a significant effect on the environment; and 3)Adopt Resolution No. PC2022-024 approving the Conditional Use Permit submitted as PA2022-0156 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Alchemy 43 Med-Spa (PA2022-0156) Planning Commission, October 20, 2022 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial (CG) Newport Village Planned Community (PC-27) Corona del Mar Plaza Shopping Center NORTH Public Facilities (PF) PC-27 Newport Beach Central Library SOUTH Corridor Commercial (CC) Commercial Corridor (CC) Retail, restaurant, office EAST Single-Unit Residential Detached (RS-D) Point Del Mar Planned Community (PC-34) Residential WEST Regional Commercial Office (CO-R) Corporate Plaza (PC-17) Office 3 INTENTIONALLY BLANK PAGE4 Alchemy 43 Med-Spa (PA2022-0156) Planning Commission, October 20, 2022 Page 3 INTRODUCTION Project Setting The subject tenant space is an in-line space located within the Corona del Mar Plaza Shopping Center closest to Avocado Avenue. Its specific location is shown below in Figure 1. Figure 1: Aerial image of Corona Del Mar Plaza The center is developed with a mixture of retail, restaurant, and personal service uses. Anchor tenants include the Bristol Farms grocery store, Tommy Bahamas, Jacks, and Gulfstream restaurant. Vehicular access is provided by driveways on Avocado Avenue and MacArthur Boulevard. Tenant spaces are oriented toward a shared parking lot, which provides 528 spaces. 4 Tenant Space 5 Alchemy 43 Med-Spa (PA2022-0156) Planning Commission, October 20, 2022 Page 4 The center is bounded to the north by the Newport Beach Public Library, to the east by MacArthur Boulevard, to the south by East Coast Highway, and to the west by Avocado Avenue. The nearest residential use is located to the east, across Macarthur Boulevard. Project Description The Applicant proposes to operate an approximately 1,150-square-foot med-spa within the tenant space currently occupied by “O’ My Sole” retail shoe store, as seen in Figure 2. Figure 2: “O’ My Sole” tenant suite The Applicant will remodel the existing space to create two treatment rooms, a consultation room, a wellness room, a waiting area, a reception area, and a small retail area. The floor plan is provided as Attachment No. PC 3. The med-spa will provide a variety of aesthetic treatments including injectable fillers, microneedling, and wellness shots. The Applicant anticipates seeing up to 12 patients per day with the potential for walk-in patients, dependent on the availability of staff. Up to 5 employees may be present and a licensed doctor will be onsite during procedures. The proposed hours of operation are Monday through Saturday, from 10 a.m. to 7 p.m. 6 Alchemy 43 Med-Spa (PA2022-0156) Planning Commission, October 20, 2022 Page 5 DISCUSSION General Plan The subject property is categorized as General Commercial (CG) by the Land Use Element of the General Plan. The CG land use category is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. While Table LU 1 (Land Use Plan Categories) of the General Plan does not specifically list a med-spa or medical office as a type of use that is expressly consistent with the CG category, the operational characteristics are similar in nature to other commercial services and retail uses, such as barber and beauty shops. Residents will visit the med-spa, obtain a service, purchase related products, and depart. Patients will be conscious during their treatments and there are no inpatient medical services offered. Zoning Code The Property is within the Retail (Area 5) Subarea of the Newport Village Planned Community (PC-27) Zoning District. Area 5 is intended to be developed as a specialty retail commercial center. The PC provides a list of uses that are allowed within Area 5. The list includes a variety of retail stores, eating and drinking establishments, and personal service uses. While a med- spa may offer nonsurgical procedures, such as typical facials and peels, they generally focus on providing services that are administered under the supervision of a medical professional. Alchemy 43 will primarily offer cosmetic medical treatments, such as injectable fillers, and is considered a medical office use. A medical office is not specifically called out as an allowed use; however, PC-27 allows for “uses as specified in the RSC District of Chapter 20.33 (more specifically Table 20.33, exclusive of arcades, recreational establishments; and drive-in, take-out restaurants)” subject to the approval of a Use Permit (UP). The RSC District refers to the “Retail and Service Commercial” Zoning District, which existed prior to the City’s 2010 comprehensive Zoning Code update. As shown below in Figure 3, medical office was an allowed use per Table 20.33. 7 Alchemy 43 Med-Spa (PA2022-0156) Planning Commission, October 20, 2022 Page 6 Figure 3, excerpt from the 1995 iteration of the Zoning Code Minor Use Permit versus Conditional Use Permit PC-27 does not explicitly distinguish whether a Minor Use Permit (MUP) or a CUP is required to allow Table 20.33 uses. As the PC text was originally written and last modified prior to the adoption of the current version of the Zoning Code, the PC reflects an older vernacular. The pre-2010 Zoning Code did not provide for an MUP. Instead, it differentiated between a UP and a Planning Director’s Use Permit (PD/U). A UP was heard by the Planning Commission while the PD/U did not have a public hearing. Because the PC text specifically states that these Table 20.33 uses may be allowed subject to the approval of a UP rather than subject to the approval of a PD/U, it can reasonably be inferred that the PC Development Plan intended for a CUP rather than any other version of a use permit. Therefore, with the approval of the subject conditional use permit assuming all findings can be made, the use would be consistent with the PC-27. Parking PC-27 requires a minimum of 4.9 off-street parking spaces for every 1,000 square feet of gross floor area. The PC does not differentiate between types of uses. Because the project does not involve the addition of floor area and the use would have similar operational characteristics of retail and services, no additional parking spaces are required. 8 Alchemy 43 Med-Spa (PA2022-0156) Planning Commission, October 20, 2022 Page 7 Conditional Use Permit Findings Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code (NBMC), the Planning Commission must make the following findings in order to approve a CUP: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. 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; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or 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. Staff believes sufficient facts exist in support of each finding required for the CUP, as demonstrated in the attached draft Resolution for approval (Attachment No. PC 1). The med-spa provides a specialty service to residents and is consistent with the purpose and intent of the CG General Plan land use designation and the PC-27 Zoning District. The project proposes regular business hours and is not likely to be disruptive to surrounding uses. Furthermore, the project has been conditioned to help ensure future compatibility with surrounding uses. For example, Condition of Approval No. 7 requires subsequent review by the Planning Division for any change in operational characteristics, expansion in area, or other modification to the approved plans. The processing of a new use permit may be required if, at a later date, the Applicant wishes to make substantial operational changes. Alternatives Should the Planning Commission find that the facts to support approval of the project as presented do not exist, then the Planning Commission may: 1. Suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the business operation plan. If the changes are substantial, the item should be continued to a future meeting to allow the changes to be incorporated; or 9 Alchemy 43 Med-Spa (PA2022-0156) Planning Commission, October 20, 2022 Page 8 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 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 application is to convert an existing retail space into a medical office. The project does not include the addition of square footage nor an increased demand on parking. Public Notice Notice of this hearing 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 meeting, 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. Prepared by: Submitted by: BMZ/jp ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant’s Project Description PC 3 Project Plans 01/12/18 10 Attachment No. PC 1 Draft Resolution 11 INTENTIONALLY BLANK PAGE12 RESOLUTION NO. PC2022-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MEDICAL SPA/OFFICE LOCATED AT 906 AVOCADO AVENUE (PA2022-0156) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Alchemy 43 (“Applicant”) with respect to property located at 906 Avocado Avenue, and legally described as Parcel 1 of Parcel Map No. 90-361, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 270, pages 15 through 18 of Parcel Maps, records of Orange County, California (“Property”), requesting approval of a Conditional Use Permit. 2. The Applicant seeks a conditional use permit to operate an approximately 1,150-square- foot medical office (i.e., med-spa) within an existing shopping center known as the Corona del Mar Plaza. The med-spa will provide aesthetic treatments for up to 12 patients per day with the potential for walk-in patients, dependent on the availability of staff. The med-spa will operate Monday through Saturday, from 10 a.m. to 7 p.m. with up to five employees (“Project”). 3. The Property is located within the Retail (Area 5) Subarea of the Newport Village Planned Community (PC-27) Zoning District and is categorized as General Commercial (CG) by the Land Use Element of the General Plan. 4. The Property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on October 20, 2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public 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 Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical 13 Planning Commission Resolution No. PC2022-024 Page 2 of 9 equipment, or topographical features, involving negligible or no expansion of use. The Project will require minor alterations to the interior floor plan of an existing commercial space with no expansion in floor area or increase in parking demand. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020(F) (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 Property is categorized as General Commercial (CG) by the Land Use Element of the General Plan. The CG land use category is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. While Table LU 1 (Land Use Plan Categories) of the General Plan does not specifically list a med-spa as a type of use that is expressly consistent with the CG category, the operational characteristics are similar in nature to other commercial service uses such as barber and beauty shops. Patients will visit the med-spa, obtain a service, purchase related products, and depart. Patients will be conscious during their treatments and no inpatient services are offered. 3. The Property is not a part of a specific plan, nor is it located within the Coastal Zone. 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 zoned Newport Village Planned Community (PC-27) and is further located within the Retail (Area 5) Subarea of the PC. Area 5 is intended to be developed as a specialty retail commercial center. 2. PC-27 provides a list of uses that are allowed within Area 5. While a medical office is not specifically called out as an allowed use, PC-27 allows “uses as specified in the RSC District of Chapter 20.33 (more specifically Table 20.33, exclusive of arcades, recreational establishments; and drive-in, take-out restaurants) of the NBMC” subject to the approval of a use permit. 14 Planning Commission Resolution No. PC2022-024 Page 3 of 9 3. The “RSC District” refers to the Retail and Service Commercial District found in the pre- 2010 version of Title 20 (“Zoning Code”) of the NBMC. Medical office was an allowed use in Table 20.33 of the 2010 Zoning Code. 4. The PC-27 text does not distinguish between a minor use permit or a conditional use permit. The PC-27 text was originally written and last modified prior to the adoption of the current version of the Zoning Code. The pre-2010 Zoning Code did not provide for a minor use permit. Instead, it differentiated between a use permit and a planning director’s use permit. The pre-2010 Zoning Code required a use permit to be heard by the Planning Commission while a planning director’s use permit did not require a public hearing. Because PC-27 specifically states that these uses from the former RSC District may be allowed subject to the approval of a use permit rather than subject to the approval of a planning director’s use permit, it can reasonably be inferred that the Project is an authorized use in the PC-27 Planned Community District under Table 20.33 subject to approval of a conditional use permit. 5. The necessary tenant improvements to the existing suite will be within the interior of the building. No additional floor area will be added as part of this Project. 6. PC-27 requires a minimum of 4.9 off-street parking spaces for every 1,000 square feet of gross floor area and does not differentiate between types of use. Because the Project does not involve the addition of floor area, no additional parking spaces are required. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Finding: 1. The Property is within an existing suite of the Corona del Mar Plaza shopping center. The shopping center is bounded to the north by the Newport Beach Public Library, to the east by MacArthur Boulevard, to the south by East Coast Highway, and to the west by Avocado Avenue. The nearest residential use is located to the east across MacArthur Boulevard. 2. The Project will feature two treatment rooms, consultation room, wellness room, waiting area, and small reception and retail area. While the Project is not anticipated to generate any noise, all the shops within Corona del Mar Plaza are oriented toward the parking area. There should be no noise impacts to adjacent uses or the residential uses beyond MacArthur Boulevard. 3. The proposed hours of operation are Monday through Saturday, from 10 a.m. to 7 p.m. A 7 p.m. closing time is not considered late hours and should not generate any unwanted activity. 15 Planning Commission Resolution No. PC2022-024 Page 4 of 9 4. To ensure the continued compatibility with the surrounding uses, Condition of Approval No. 7 requires subsequent review by the Planning Division for any change in operational characteristics, expansion in area, or other modification to the approved plans. The processing of a new use permit may be required if, at a later date, the Applicant wishes to make substantial operational changes. 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 Project includes multiple conditions of approval governing trash and noise to ensure that potential conflict or nuisances are minimized to the greatest extent possible. 2. The Project will share an existing, communal, trash enclosure. The enclosure is surrounded by three walls and a self-latching gate. The operator is also required to control trash and litter around the business. 3. Vehicular access to the shopping center is available from both from Avocado Avenue and MacArthur Boulevard. The Project will not affect access to the shopping center and emergency services will not be impacted by the med-spa. 4. If the Applicant chooses to add medical gas at a later date, Condition of Approval No. 25 requires the operational change to be reviewed by the Fire/Life Safety Division. This condition will ensure that first responders are able to respond effectively to any potential fire or medical emergency. 5. To ensure the existing infrastructure can support the Project, Condition of Approval No. 30 requires the sanitary waste and water supply size to be evaluated during plan check and the building permit process. If the lines are undersized, they will need to be upgraded in accordance with the California Plumbing Code. As the Project is an existing shopping center, all other utilities are sufficient to support the new med-spa. 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: 16 Planning Commission Resolution No. PC2022-024 Page 5 of 9 1. The Project will operate similarly to any other personal service type use, such as a barber or beauty shop. Its operation should not constitute a hazard to the public. 2. The proposed hours of operation are compatible with the surrounding businesses of the Corona del Mar Plaza and no negative impacts to the surrounding neighborhood are anticipated. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission 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 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 Planning Commission of the City of Newport Beach hereby approves the Conditional Use Permit (PA2022-0156), 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 is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF OCTOBER, 2022. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Lauren Kleiman, Chair BY:_________________________ Mark Rosene, Secretary 17 Planning Commission Resolution No. PC2022-024 Page 6 of 9 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 and floor plan, 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. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the Project site and provisions of Chapter 20.42 (Signs) of the NBMC. 5. The Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 6. This Use Permit may be modified or revoked by the Planning Commission should they determine 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. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and an amendment to this Use Permit or the processing of a new Use Permit may be required. 8. Prior to the issuance of a building permit, applicable Fair Share Traffic Fees shall be paid to convert the space from retail to medical office in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of the NBMC. The Applicant shall be credited for the existing retail use and shall pay the net difference for the medical office use. The fees shall be consistent with those in effect at the time the building permit is issued. 9. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 18 Planning Commission Resolution No. PC2022-024 Page 7 of 9 10. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 11. 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. 12. 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. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 14. 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. 15. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) 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. 16. No outside paging system shall be utilized in conjunction with this establishment. 17. All trash shall be stored within the building or within dumpsters stored in the 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. 19 Planning Commission Resolution No. PC2022-024 Page 8 of 9 The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 18. 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. 19. 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. 20. 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 (Water and Sewers), including all future amendments (including Water Quality related requirements). 21. 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. 22. 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. 23. 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. 24. 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 Alchemy 43 Med-Spa including, but not limited to, this Conditional Use Permit (PA2022-0156). 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. 20 Planning Commission Resolution No. PC2022-024 Page 9 of 9 Fire Department 25. Any future operational changes to install medical gas or include services where patients are rendered unconscious, or incapable of self-preservation, shall be subject to review and approval of the Fire/Life Safety Services Division. Building Division 26. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The plans must comply with the most recent, City-adopted version of the California Building Code (CBC). 27. The construction plans must meet all applicable State Disabilities Access requirements. 28. The Applicant shall provide an accessible path of travel to the tenant space from the public right of way and accessible parking stall. 29. The Project will be reviewed as a medical use for CBC requirements. 30. Prior to the issuance of a building permit, Sanitary waste and water supply size will need to be confirmed. Sanitary waste size should be properly calculated following the California Plumbing Code (CPC) Section 702 and 703.2 and water supply size should be sized in compliance with CPC Section 610.3 and 610.4. 21 INTENTIONALLY BLANK PAGE22 Attachment No. PC 2 Applicant’s Project Description 23 INTENTIONALLY BLANK PAGE24 30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, CA 92675 • (949) 581-2888 • Fax (949) 581-3599 July 20, 2022 Mr. Jim Campbell Deputy Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Conditional Use Permit Application for Medi-Spa Use 906 Avocado, Corona Del Mar Plaza Dear Mr. Campbell: On behalf of Alchemy 43, CAA Planning, Inc. (CAA) submits the enclosed Conditional Use Permit (CUP) application for medical office (medi-spa) use to be located at 906 Avocado in Corona Del Mar Plaza. Corona Del Mar Plaza is an existing shopping center located at the northwest corner of E. Coast Highway and MacArthur Boulevard. The Newport Beach Central Library and City Hall are located to the north, residential is located to the east and south, and Corporate Plaza is located to the west of Corona Del Mar Plaza. Corona Del Mar Plaza is designated as General Commercial (CG) by the General Plan and is a part of the Newport Village Planned Community (NVPC), PC-27. The CG designation provides opportunity for a wide range of retail, entertainment, service, and supporting uses to serve local and regional residents. The NVPC allows for retail, restaurants, and other uses which are service in nature in Corona Del Mar Plaza. Uses permitted by right in Corona Del Mar Plaza are listed in Section V. A. of the NVPC and include uses such as retail, specialty food service, specialty stores, and personal service establishments. NVPC Section V. C. 3. requires that a use not listed in Section V.A. but specified as a permitted use in the RSC district (former CG district) secure a use permit for operation in Corona Del Mar Plaza. Medical office is not listed as a use in the NVPC but was a permitted use in the RSC district that was in place at the time the NVPC was adopted in 1998 and is a permitted use in the modern-day CG district. At the time the NVPC was adopted, there was no distinction made between a conditional use permit and a minor use permit. Through coordination with City staff, it was determined that a conditional use permit is the appropriate permitting path. Proposed Project Alchemy 43 will be located at 906 Avocado, which is currently occupied by O My Sole. Alchemy 43 proposes to construct the Tenant Improvements (T.I.) new medi-spa, which will include a two treatment rooms, a consultation room, wellness room, waiting area, and a reception and retail area. Other ancillary space such as a bathroom, staff room, and office will also be included Approximately 228 sf of the store entrance area will be dedicated to reception and retail skin care products available for purchase and home use. 25 Mr. Jim Campbell July 20, 2022 Page 2 of 3 The gross floor area (GFA) will not change and will remain at approximately 1,150 sf. Table 1 below illustrates how the space will be allocated between the medical, retail, and ancillary uses. TABLE 1 GFA1 Retail/ Reception Treatment Rooms Consultation Room Wellness Room Waiting Area Staff Room/BOH Office/Med Room 1,150 sf 228 sf 180 sf 102 sf 88 sf 135 sf 186 sf 52 sf 1 Approximate gross floor area also includes a restroom, corridor, and other areas required by the PC text that not listed on the table above. The Corona Del Mar Plaza is parked at a rate of 4.9 spaces per every 1,000 sf of GFA as outlined in Section V. D.4 of the NVPC. The proposed medi-spa use at Corona Del Mar Plaza will be replacing and existing retail use and does not contemplate an increase of GFA in the shopping center. The hours of operation for Alchemy 43 will be from 10 a.m. to 7 p.m. Monday through Saturday. There will be between 2 to 5 employees working each shift and the business typically sees 6-12 clients per day primarily on an appointment-only basis with the potential for walk-ins depending on availability. Consistency Under the Land Use and Development Regulations for PC-27, uses not specifically list as permitted uses but are allowable by the CG zoning district (formerly RSC), such as medical office establishments, are allowed with the issuance of a CUP. The Land Use Element of the General Plan identifies the location of the project site as being CG, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The proposed medi-spa and retail services that will be provided by Alchemy 43 are consistent with the intent of Corona Del Mar Plaza and will meet a city- wide and regional need. Required Action As authorized by Section V.C.3 of the Newport Village Planned Community Development Plan, Alchemy 43 requests approval of a CUP by the Planning Commission to allow for medical office use at Corona Del Mar Plaza. Please do not hesitate to contact me at (949) 581-2888 if you have any questions or concerns. Sincerely, CAA PLANNING, INC. Shawna L. Schaffner Chief Executive Officer 26 Mr. Jim Campbell July 20, 2022 Page 3 of 3 Attachments: Architectural Drawings Planning Application Owner/Landlord Acknowledgement Applicant/Tenant Authorization Public Noticing cc: Nicci Levy, Alchemy 43 Brandon Mucha, Irvine Company 27 INTENTIONALLY BLANK PAGE28 Attachment No. PC 3 Project Plans 29 INTENTIONALLY BLANK PAGE30 19' 22'20'20' 25'-6"15'-6"20' 80' 22' 20'12'30'-11"12'20'20'46'12'11'20'54'26'26' 26' 10'-6" 12'- 6 "12'-6"10'-6"42'8'-9"5'-9" 20' 42'20'23'-10"22'20' 34'23'17'6'25'15'45'37'45'73'67'73'58'56'-5"14'-1"58' 66'14'70'59'18'18'18'18' 24' 24' 5'5' 5'5'20'20'24'222'-10"82'- 7" 38'-1"12'-8"29'-5" 257'-3"17'-8"37'85'-10" 88'76'-10 "72' 49'-7" 15'-9"23'-11"14'-3"23'-11" 14'- 3 " 5'-4"22'9'-9"10'-4" 7'-8"10'7'-6"16' 56'-8"56'-8"80'56'-8"56'-8" 13'- 7 " 18'- 1 1 " 40'- 2 " 23'- 9 "21'25'-6"42'-1"27'-2 " 6' 5'-9 " 16'- 7 " 33'- 6 "7'-9"22'- 3 " 60'-4" 22'- 3 " 20'-4"13'-7"5'-8 "PACIFIC COAST HIGHWAYMACAR T H U R B O U L E V A R D AVOCADO AVENUE 42'40'44' 18'18'20'80'56'-8"56'-8"49'-7" 20'-5"40'-5"20' 894PEET'S COFFEE & TEA 1,332 SF 924CLASSIC KIDSPHOTOGRAPHY1,309 SFPATIO919 SF PATIO534 SF PATIO1,149 SF PATIO1,330 SF PATIO933 SF PATIO933 SF 900 10,876 SF 810 31,500 SF 850 9,000 SF 882 10,374 SF 832 6,317 SF 890BRIGHTON COLLECTIBLES1,127 SF 840WHITE HOUSE /BLACK MARKET3,198 SF844GAIL JEWELERS2,830 SF906ALCHEMY 43908ABLUEMERCURY1,863 SF916MI PLACE1,611 SF920LAS OLAS1,255 SF938ALONG CAMEA SPIDER912 SF928C DOBBS1,479 SF932VACANT1,472 SF936SIENNA BROWN1,990 SF944SPRINKLESCUPCAKES686 SF952SPRINKLESICE CREAM686 SF972J. MCLAUGHLIN1,461 SF984 MCKEE & COMPANY 4,902 SF978 GLO NAIL BAR1,610 SF964MARMI SHOES2,000 SF966CDMJEWELERS820 SF956CHICO'S2,749 SF948ACAI REPUBLIC773 SF©2018 The Irvine Company LLC. All Rights Reserved. All properties are offered for lease by Irvine Management Company. Sources: Nielsen-Claritas 2018, OCTA 2017 Traffic Flow Map, Caltrans 2015, Sunnyvale Transportation and Traffic 2011. These are schematic plans intended only to show the general layout of the Shopping Center and the approximate location of the Premises. Fashion Island®, Irvine Spectrum®, Irvine Spectrum Center®, Irvine Towers®, Los Olivos®, Newport Center®, Newport Coast®, Newport Ridge®, Oak Creek®, Oak Creek Golf Club®, Orchard Hills®, Pacific Ridge®, Portola Springs®, Quail Hill®, The Irvine Ranch®, The Square®, Turtle Ridge®, University Research Park®, and Westpark™ are registered trademarks of Irvine Management Company. Pelican Hill®, Pelican Hill Golf Club™, and The Resort at Pelican Hill® are trademarks of The Irvine Company LLC. Landlord, at any time, may change the shape, size, location, number and extent of the improvement shown hereon, as well as any additional improvements to any portion of the Shopping Center, including, without limitation, buildings, parking areas or structures, roadways, curb cuts, temporary or permanent kiosks, displays or stands, and may add land to and/or withdraw land from the Shopping Center. PLAN NOT TO SCALE. December 2021 Newport Beach, CA Map not to scale Costa Mesa Fwy 55 Pacific Coast HwyMacArthur Blvd Avocado Ave San Diego Fwy I-40573 Fwy31 TVG MMGTVTVTV GGMMTVG MM G ALCHEMY 43 CORONA DEL MARPLAZA, SPACE 906 NEWPORT BEACH, CA 119 W 57th StreetNew York, NY 10019 SHEET TITLE: PROJECT NAME & ADDRESS: SHEET NO: PROJECT (JOB) NO: DRAWN BY: REVIEWED BY: 11412 DATE ISSUED: JD REMARKSDATE RELEASES GENERAL NOTES WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVERSCALED DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BENOTIFIED OF ANY VARIATIONS FROM DIMENSIONS AND CONDITIONS SHOWN INTHESE DRAWINGS. SHOP DETAILS ARE TO BE SUBMITTED TO THIS OFFICE FORAPPROVAL BEFORE PROCEEDING WITH FABRICATION. RPG All Rights Reserved. 2022 JD 5/27/2022 NOT FOR CONSTRUCTION DO NOT SCALE DRAWINGS PROPRIETARY AND CONFIDENTIAL INFORMATION CONTAINED HEREIN REPRESENTS CONCEPTUAL DESIGNSAND ARE NOT INTENDED TO SERVE AS INSTRUMENTS OF SERVICE SUCH AS THAT PROVIDED BY A LICENSED ARCHITECT OR ENGINEER. RPG SHALL NOT BE RESPONSIBLE FOR THE USE OR MISUSE OF THE INFORMATION CONTAINED HEREIN. THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF RPG. ANY USE, REPRODUCTION, ORTRANSFER, IN PART OR AS A WHOLE, WITHOUT THE EXPRESS WRITTEN CONSENT OF RPG IS STRICTLY PROHIBITED. ALL RIGHTS RESERVED. 3/25/2022 ISSUE FOR CLIENT REVIEW 4/7/2022 REVISED PER SURVEY PLAN 4/13/2022 REVISED PER CLIENT REVIEW 5/27/2022 ISSUE FOR REVIEW AND COMMENT 7/13/2022 ISSUE FOR APPROVAL ID-100.00 CONCEPT PLAN FIXTURE PLAN SCALE: 3/8" = 1'-0"1 53'-7 1/4"19'-10 1/2"61'-10"21'-6 1 /4 " 15'-1 1/4"8'-0"8'-0"9'-2 1/4"7'-7 1/2" 9'-4 3/4"9'-9 1/4"10'-0"15'-1 3/4"15'-8 1/2" RECEPTION 138 SF1.01WAITING AREA 135 SF 1.02 BOH 186 SF1.09 BATHROOM 64 SF1.10 MED ROOM 52 SF1.07 CONSULTATION ROOM 102 SF1.03 TREATMENT ROOM 2 90 SF1.04 TREATMENT ROOM 1 90 SF1.05 CORRIDOR 37 SF 1.06WELLNESS ROOM 88 SF 1.08 7'-8 3/4" RETAIL AREA 90 SF1.01A LANDLORD STANDARD COMMENTS (incorporate into drawings): Please provide a detailed finishes schedule. The finishes schedule should clearly specify finishes and specifications. Also, the color and materials sample board should be keyed correctly to the finishes schedule in the Tenant Improvement plans. Please provide a color and materials sample board that is keyed accurately to finish schedule in the Tenant Improvement plans. The color and materials board can be provided via high resolution images in PDF file format, hard copy of the board is not necessary. Landlord may require physical sample of certain finishes after review of electronic material board. Please add note on this plan sheet that states, “Any security or other equipment located in the main entry area must be installed in manner that is conceal from public view. All security devices and systems shall be integrated within the storefront design and finishes. Electrical covers and housing for security devices must match corresponding background color. Freestanding sensor pedestals are prohibited.” Please add this note to the plan sheet(s) indicated in order to comply with design requirement. Please add a note on this plan that states, “Any hard lid ceilings and soffits cannot connect to the storefront below the storefront framing system” (exception: unless it is a minimum 5' back from the glass/storefront system). Please add this note to the plan sheet(s) indicate in order to comply with design requirement. Please note that the POS/Cash Registers must be either recessed into the counter top at the cash wrap and/or have a screen to conceal the backs of the equipment from public view. Please revise the drawings to indicate that this design requirement is satisfied. The Tenant is required to comply with this requirement during the course of Tenant Improvement construction at the premises. Please note that FF&E at the storefront must be held off the glass line a minimum of 12". Please note that for the areas of the premise with plumbing (ie sinks, toilets, water fountains etc), will need to incorporate water proofing methods to prevent water leakage and mold growth in or around theses area. The tenant improvement plans should have section details (detail develop by Tenant's Architect) keyed to wall locations. Please find the required detail on Landlord Control Sheet (insert into final drawings). LANDLORD COMMENT: All wiring, electrical and data connections must be fully integrated into the millwork located near the storefront glass. This may include electrical floor stubs to conceal connections. 32 Alchemy 43 Conditional Use Permit Planning Commission Public Hearing October 20, 2022 Joselyn Perez, Assistant Planner Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Vicinity Map City Hall Corona del Mar Subject Property Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) General Plan Land Use Subject Property Commercial Office Commercial Corridor Residential Residential Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) 4Community Development Department Corona del Mar Shopping Center Alchemy 43 Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Project Description •1,150-square-foot medical office (i.e., med-spa) •Aesthetic treatments -injectable fillers, microneedling, wellness shots No massage services •Up to five employees including one MD to supervise treatments •Monday through Saturday, from 10 a.m. to 7 p.m. •12 patients per day with the potential for walk-in 5Community Development Department Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Floor Plan 6Community Development Department Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Newport Village Planned Community (PC-27) Allowed Uses 7Community Development Department Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Required Entitlement Conditional Use Permit •Consistent with the purpose and intent of the Zoning District and General Plan Land Use designation •Compatible with surrounding uses 8Community Development Department Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Parking •PC-27 requires a minimum of 4.9 off-street parking spaces for every 1,000 square feet of gross floor area •PC-27 does not differentiate between types of uses •Project does not involve an addition in floor area •Med-spa has similar operational characteristics of retail and personal services uses 9Community Development Department Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Conditions of Approval Number 7 Any change in operational characteristics or expansion in area shall require subsequent review by the Planning Division. No massage. Number 25 Future use of medical gas or services where patients are rendered unconscious or incapable of self-preservation shall require subsequent review by Fire/Life Safety. 10Community Development Department Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Revision to Conditions of Approval Condition of Approval no. 7 Proposed: Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and an amendment to this Use Permit or the processing of a new Use Permit may be required. “Operational characteristics” include services offered. Any services considered “accessory massage service” or “massage establishment” are expressly prohibited. Condition of Approval no. 8 Proposed: Prior to the issuance of a building permit, the Applicant shall pay any applicable Fair Share Traffic Fees in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of the NBMC. The fees shall be consistent with those in effect at the time the building permit is issued. 11Community Development Department Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Recommended Action •Conduct a public hearing; •Find this project exempt from CEQA pursuant to Section 15303 under Class 1 (Existing Facilities); and •Adopt Resolution No. PC2022-024 approving the Use Permit. 12Community Development Department Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) 13 Questions and Discussion Joselyn Perez, Assistant Planner jperez@newportbeachca.gov Planning Commission Public Hearing October 20, 2022 Planning Commission - October 20, 2022 Item No. 2a - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Alchemy 43 Planning Commission October 20, 2022 Conditional Use Permit / PA2022-0156 Planning Commission - October 20, 2022 Item No. 2b - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Location Corona Del Mar Plaza –906 Avocado Planning Commission - October 20, 2022 Item No. 2b - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Alchemy 43 •Aesthetics Bar Specializing in Cosmetic Microtreatments •Offers skin care treatments and retail products •6-12 clients per day •Open 10 am –7 pm Monday -Saturday Planning Commission - October 20, 2022 Item No. 2b - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Conditional Use Permit •Use is consistent with Newport Village Planned Community (PC-27) and General Plan •No change in area (square footage) •No change to established parking rate in CDM Plaza (4.9 spaces per 1,000 sf) Planning Commission - October 20, 2022 Item No. 2b - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Requested Action •Agreement with conditions of approval, as updated •Approve Use Permit/PA2022-0156 consistent with the Staff Recommendation Planning Commission - October 20, 2022 Item No. 2b - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Planning Commission - October 20, 2022 Item No. 2b - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Planning Commission - October 20, 2022 Item No. 2b - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156) Treatment Room 1 Treatment Room 2 Consultation Room Retail Area ReceptionWaitingRoom Wellness Room Bathroom Med Room Staff Area Planning Commission - October 20, 2022 Item No. 2b - Additional Materials Presented at the Meeting Alchemy 43 Med-Spa (PA2022-0156)