HomeMy WebLinkAbout03 - 03_The NOW Massage Minor Use Permit_PA2023-0114CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 12, 2023
Agenda Item No. 3
SUBJECT: The NOW Massage (PA2023-0114)
▪Minor Use Permit
SITE LOCATION: 2600 East Coast Highway, Suite 120
APPLICANT: Commercial Architecture
OWNER: SMM 2600 PCH LLC
PLANNER: Jenny Tran, Assistant Planner
949-644-3212, jtran@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CC (Corridor Commercial)
•Zoning District: CC (Commercial Corridor)
PROJECT SUMMARY
A request for 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). Included is a request to modify the parking rate for massage and
to waive location restrictions associated with massage establishments.
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. ZA2023-__ approving a Minor Use
Permit (Attachment No. ZA 1) filed as PA2023-0114.
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DISCUSSION
•The project site is in the CC (Commercial Corridor) Zoning District and the CC
(Corridor Commercial) General Plan Land Use 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. While the tenant space in the
existing commercial building is adjacent to residential neighborhoods, the tenant
space is oriented towards East Coast Highway where the properties fronting East
Coast Highway are also in the CC (Commercial Corridor) Zoning District to provide
a range of commercial uses within this corridor to serve nearby residential
neighborhoods. The proposed use is consistent with the Zoning District and
General Plan Land Use.
•The proposed massage establishment is consisted with the CC General Plan
designation as it will provide a commercial use to serve nearby residential
neighborhoods and visitors to the area. Pursuant to Table 2-5 of the Newport
Beach Municipal Code (NBMC) Section 20.20.020 (Commercial Zoning Districts
Land Uses and Permit Requirements), a massage establishment is permitted in
the CC Zoning District subject to approval of a minor use permit.
•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
(journey rooms) are provided, the project has been conditioned to be limited to a
maximum of four (4) massage technicians providing massage services at any
given time. Based on the proposed condition, a rate of one (1) parking space for
every 250 square feet is appropriate for this use.
•The massage establishment will consist of eight (8) individual massage rooms
(journey rooms) with privacy screening, a transition room, a lobby, and reception
area. The project also includes an office, break room, and storage closet for
employee use. As conditioned, a maximum of four (4) massage technicians will
provide massage services at any given time.
•The proposed hours of operation are between 9:00 a.m. and 9:00 p.m., daily. No
late hours (after 11:00 p.m.) are proposed. The surrounding uses are offices, retail,
personal services, and restaurants where the proposed hours of operation are
compatible with the allowed uses in the vicinity and will not contribute to noise or
other disruptions in the area.
•The subject property is not located in the coastal zone.
•The proposed establishment is located within 500 feet of a park (Old School Park)
and therefore, the applicant requests to waive location restrictions pertaining to
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Section 20.48.120 (Massage Establishments and Services) of the NBMC. Old
School Park is a small park that is approximately 13,200 square-foot with an
adjacent parking area and is developed with walkways, benches, and open area.
No structures 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.
•The Newport Beach Police Department (NBPD) has reviewed the project and has
no concerns regarding the proposed massage establishment.
•A condition of approval is included to ensure the applicant will obtain an Operator’s
Permit from the NBPD in compliance with Chapter 5.50 (Massage Establishments)
of the NBMC prior to operation of the business.
ENVIRONMENTAL REVIEW
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.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
____________________________
Jenny Tran, Assistant Planner
LAW/jt
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Police Department Memorandum
ZA 4 Project Plans
4
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2023-###
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.
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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
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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 a maximum of four (4)
massage technicians providing massage services at any given time. Based on the
proposed condition, 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, which is 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.
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.
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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 E 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.
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.
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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
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
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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.
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
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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.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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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. No more than four (4) massage technicians shall perform 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.
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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.
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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.
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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.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Minor Use Permit
PA2023-0114
2600 East Coast Highway, Suite 120
Subject Property
18
Attachment No. ZA 3
Police Department Memorandum
19
1
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Jenny Tran, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: September 7, 2023
SUBJECT: The NOW Massage
2600 East Coast Highway
At your request, the Police Department has reviewed the project application for The NOW
Massage located at 2600 East Coast Highway, Newport Beach. The applicant requests a minor
use permit to establish 2,000 square foot massage establishment in an existing suite. The
proposed hours of operations is 10:00 a.m. to 9:00 p.m., Monday through Friday, and 9:00 a.m. to
9:00 p.m., Saturday and Sunday.
The proposed business will require a Massage Operator License issued by the Newport Beach
Police Department per Municipal Code (NBMC) 5.50.040.
Per NBMC 5.50.015, all employees of the applicant business who conduct massage must be
certified massage therapists by the California Massage Therapy Council (physicians, physical
therapists, and chiropractors exempt).
The Police Department has no objections to this project as proposed by the applicant at this time.
The following conditions would be appropriate for the business:
Strict adherence to Newport Beach Municipal Code 5.50 must be upheld.
All employees of the applicant business who conduct massage must be certified by the
California Massage Therapy Council (CAMTC) (physicians, physical therapists, and
chiropractors exempt).
The applicant or primary massage therapist must obtain and hold in good standing, a Massage
Operator License issued by the Newport Beach Police Department.
If you have any questions, please contact me at (949) 644-3705 or wjoe@nbpd.org.
Wendy Joe
Civilian Investigator, Special Investigations
20
Attachment No. ZA 4
Project Plans
21
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