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HomeMy WebLinkAboutPA2023-0114_20231012_Resolution_ZA2023-062Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL October 12, 2023 Stacey Wellnitz 616 14th Street, Modesto, CA 95354 swellnitz@commercialarch.com Subject: Minor Use Permit (PA2023-0114) 2600 East Coast Highway, Suite 120 The NOW Massage Dear Stacey Wellnitz, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on October 12, 2023 and effective on October 27, 2023. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ____________________________ Jenny Tran, Assistant Planner LAW/jt RESOLUTION NO. ZA2023-062 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MINOR USE PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT 2600 EAST COAST HIGHWAY, SUITE 120 (PA2023-0114) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Stacey Wellnitz of Commercial Architecture on behalf of The NOW Massage, with respect to property located at 2600 East Coast Highway, Suite 120, and legally described as Parcel 1 of Parcel Map No. 84-722 requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow the operation of a massage establishment within an existing tenant space. The project involves the occupancy of an approximately 2,000 square-foot commercial suite with eight (8) individual massage rooms, a transition room, a lobby, and reception area. The project also includes an office, break room, and storage closet for employee use. The proposed business would operate daily, and no late hours are proposed (after 11:00 pm). The proposed hours of operation are between 9:00 a.m. and 9:00 p.m., daily. Included is a request to modify the parking rate for massage and to waive location restrictions associated with massage establishments. 3. The subject property is designated Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on October 12, 2023, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The project includes tenant improvements to an existing office suite to convert it to a massage establishment. No additions are proposed. Zoning Administrator Resolution No. ZA2023-062 Page 2 of 11 10-18-21 SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) 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 project site designated CC (Corridor Commercial) in the Land Use Element of the General Plan that is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. Land Use Policy LU 2.1 (Resident-Serving Land Uses) of the Land Use Element of the General Plan is intended to accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. 3. The proposed massage establishment is consistent with the land uses permitted within this land use designation. The proposed use will provide an additional service to the nearby residents and visitors to the City in an otherwise vacant tenant space. 4. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The subject property is located in the CC (Commercial Corridor) Zoning District which is intended to provide for areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. While the tenant space in the existing commercial building is adjacent to residential neighborhoods, the tenant space is oriented towards East Coast Highway. The properties fronting East Coast Highway are also in the CC (Commercial Corridor) Zoning District and provide a range of commercial uses to serve nearby residential Zoning Administrator Resolution No. ZA2023-062 Page 3 of 11 10-18-21 neighborhoods. 3. The adjacent tenant space (Sugarfish Restaurant) operates under an existing Conditional Use Permit (approved January 5, 2023), that included a parking management plan and parking waiver for 19 required off-street parking spaces. A parking study was prepared by Trames Solutions, Inc. on November 18, 2022, to support the request. The parking study established a parking demand for the property including Sugarfish Restaurant and the other vacant suites. Suite 120, which is the subject tenant space for the proposed massage establishment, is a vacant suite that was evaluated using at a parking rate of 1 per 250 square-feet of gross floor area or a total demand of eight (8) parking spaces. 4. Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, the City may establish the parking requirements for a massage establishment through the use permit process. Although eight (8) massage rooms are provided, the project has been conditioned to limit operations to no more than five (5) massage technicians onsite and/or performing massage services at any given time. Typical visitor characteristics of a massage establishment may see appointments for group visits that would service multiple customers who could potentially carpool, which is predicted to help lighten parking demand. In addition, the location is within the Corona del Mar commercial corridor along East Coast Highway, which is considered a captive market where visitors to the area may park once and visit multiple businesses or attractions. Based on the characteristics of the location and the proposed condition limiting massage technicians, a rate of one (1) parking space for every 250 square feet is appropriate for this use and results in a demand of approximately eight (8) parking spaces. This is further consistent with the previously approved parking waiver. 5. The proposed massage establishment is consistent with the legislative intent of Section 20.48.120 (Massage Establishments and Services) and Chapter 5.50 (Massage Establishments) of the NBMC. These sections provide standards for the establishment, location, and operation of massage establishments operated as an independent use. The intent is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration that may accompany and result from large numbers of massage establishments. 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 proposed massage establishment is located within an approximately 2,000 square- foot tenant space within an existing commercial building. The proposed use will consist of eight (8) individual massage rooms, a transition room, a lobby, and reception area. The use also includes an office, break room, and storage closet for employee use; all of which are included in the existing tenant space. Zoning Administrator Resolution No. ZA2023-062 Page 4 of 11 10-18-21 2. The proposed hours of operations are between 9:00 a.m. and 9:00 p.m., daily. The surrounding uses consist of office, retail, restaurants, and personal services. The proposed hours of operation are compatible with the surrounding uses and the project does not propose late hours (past 11:00 p.m.) which will minimize any disturbances to residences near the property. 3. The existing commercial building is oriented towards East Coast Highway and facing away from the adjacent residential neighborhoods. The nearest residential dwelling is approximately 55 feet from the subject property and is separated by a surface parking lot, an entrance to a subterranean parking lot, and an alleyway. 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; and Facts in Support of Finding: 1. The site is located on East Coast Highway and Dahlia Avenue within an existing multi- tenant commercial building. The parking lot is located at the rear of the property and accessed by the alleyway from Dahlia Avenue. 2. The property is improved with a total of 84 parking spaces, 76 of which are within an underground parking structure and eight (8) of which are surface-level open parking spaces. The proposed use will require eight (8) parking spaces and Fact 4 in support of Finding B is incorporated herein by reference. 3. The Life Safety Division (Fire Department) has reviewed the project to ensure adequate public and emergency vehicle access is provided and does not have any concerns with the proposed use. 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 has been conditioned with typical daytime and evening hours of operation that will minimize any detriment to the surrounding area. 2. The proposed massage establishment will provide additional services to the residents in the surrounding area and visitors to the City. Zoning Administrator Resolution No. ZA2023-062 Page 5 of 11 10-18-21 3. The proposal has been reviewed by the Building, Public Works, Fire, and Police Departments and recommended conditions of approvals have been included to limit any effects to the City of persons visiting or working in the surrounding neighborhood. 4. The NBPD has reviewed the project and has no objections to this project as proposed. Condition of Approval No. 27 has been included to ensure the applicant obtains an Operator’s Permit from the NBPD in compliance with Chapter 5.50 (Massage Establishments) of the NBMC. Location In accordance with Section 20.48.120(B) (Massage Establishments and Services – Waiver of Location Restrictions) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of such findings are set forth: Finding: F. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed; Facts in Support of Finding: 1. The intent of this section is to promote the operation of legitimate massage services and the prevent problems of blight and deterioration, which accompany and are brought about by large number of massage establishments and the misuse of massage therapy as a front for prostitution and other illegal activities. 2. Although the proposed massage use is located within 500 feet of another property that has a massage establishment, it is located in a separate development and is sufficiently separated from other massage services. The closest tenant space offering massage services is located at 2744 East Coast Highway and the tenant space itself is approximately 520 feet from the proposed massage establishment. 3. There will be no late hours of operation, as the project is conditioned to operate between 9:00 a.m. and 9:00 p.m. 4. A condition of approval is included to ensure the applicant will obtain an Operator’s Permit from the Newport Beach Police Department (NBPD) in compliance with Chapter 5.50 (Massage Establishments) of the NBMC prior to operation of the business. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area; and Zoning Administrator Resolution No. ZA2023-062 Page 6 of 11 10-18-21 Facts in Support of Finding: 1. The proposed use is located in a single tenant space within a managed, multi-tenant commercial building, which will prevent problems and discourage the development of urban blight. The subject property is not located within a blighted area, is well maintained, and is intended to provide a service that supports the surrounding residents and visitors to Newport Beach. Finding: H. The proposed use will not adversely affect a religious institution, school, park, or playground; Facts in Support of Finding: 1. The proposed massage establishment is located within 500 feet of a park (Old School Park). Therefore, the applicant requests to waive location restrictions pertaining to Section 20.48.120 (Massage Establishments and Services) of the NBMC. 2. Old School Park is a small park that is approximately 13,200 square-feet with an adjacent parking area that is a designated public open space area for the nearby residential neighborhood of the Corona del Mar Homes (PC29) Zoning District and is developed with walkways, benches, and open area. No structures, public restrooms, or playgrounds are constructed in this park which reduces the amount of time visitors would typically spend at this park. The proposed establishment would operate during typical daytime hours and is not anticipated to encourage the development of an urban blight area. 3. There are no religious institutions, schools, or playgrounds within 500 feet of the subject property. 4. The Police Department has reviewed the request for a waiver of location restrictions and has no concerns regarding the proposed massage operation. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 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. Zoning Administrator Resolution No. ZA2023-062 Page 7 of 11 10-18-21 2. The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit (PA2023-0114), 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 OCTOBER, 2023. Zoning Administrator Resolution No. ZA2023-062 Page 8 of 11 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The 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 Minor Use Permit. 4. The hours of operation shall be between 9 a.m. and 9 p.m., daily. 5. There shall be no more than five (5) massage technicians onsite and/or performing massage services at any given time. 6. 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 Newport Beach Municipal Code. 7. This Minor Use Permit, as part of PA2023-0114, 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 Newport Beach Municipal Code, unless an extension is otherwise granted. 8. This Minor 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. 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Use Permit. 10. 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. Zoning Administrator Resolution No. ZA2023-062 Page 9 of 11 10-18-21 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. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 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 13. 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. 14. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. 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. 17. 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). 18. 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. Zoning Administrator Resolution No. ZA2023-062 Page 10 of 11 10-18-21 19. 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. 20. 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 Newport Beach Municipal Code to require such permits. 21. 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 Newport Beach Municipal Code. 22. 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 The NOW Massage Boutique including, but not limited to, Minor Use Permit (PA2023-0114). 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. Building Division 23. 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 California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Police Department 24. Strict adherence to Newport Beach Municipal Code Chapter 5.50 (Massage Establishments) shall be upheld. 25. Prior to operation, the applicant business shall apply for and obtain an Operator’s Permit from the Chief of Police and keep said permit in good standing. Zoning Administrator Resolution No. ZA2023-062 Page 11 of 11 10-18-21 26. All employees of the applicant business who conduct massage services on the premises must be certified by the California Massage Therapy Council (CAMTC) (physicians, physical therapists, and chiropractors exempt). 27. As outlined in Newport Beach Municipal Code Section 5.50.030 (Requirements of Operation), the business shall maintain requirements of operation, and submit to inspections by officers of the Police Department. Code Enforcement 28. All windows (except treatment room windows) shall remain visible and transparent in nature. Window signage shall comply with the City of Newport Beach Municipal Code. 29. The names of employees shall be posted upon entry and contact information and list of state certifications shall be provided upon request. A current list of employees shall be kept on-site and maintained at all times. 30. The owner, operator, or responsible manager’s contact information for the massage establishment shall be provided to the City of Newport Beach Code Enforcement Division.