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HomeMy WebLinkAboutZA2024-053 - APPROVING A MINOR USE PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT 4425 JAMBOREE ROAD, SUITE 170 (PA2023-0080)RESOLUTION NO. ZA2024-053 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT 4425 JAMBOREE ROAD, SUITE 170 (PA2023- 0080) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bob Hudgins, concerning property located at 4425 Jamboree Road, Suite 170, and legally described as Parcel 1 of Resubdivision 0557 requesting approval of 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 1,846 square-foot commercial/office suite with seven individual massage rooms, a lobby, and reception area. The project also includes a kitchenette, break room, and storage closet for employee use. The proposed business would operate daily, and no late hours are proposed (after 11:00pm). Included is a request to modify the parking rate for massage. 3. The subject property is designated Mixed Use Horizontal (MU-H2) by the General Plan Land Use Element and is located within the Koll Center Planned Community (PC-15) - Office Site G Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on September 26, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. 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. ZA2024-053 Page 2 of 9 07-29-24 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 MU-H2 in the Land Use Element of the General Plan, which is intended to provide a horizontal intermixing of uses intended to include regional commercial office, multi-family residential, vertical mixed-use buildings, industrial, hotel rooms and ancillary neighborhood commercial uses. 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 this designation as it will provide a service use for the surrounding area, office employees, as well as residents within the newer residential developments in the area. 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 Koll Center Planned Community (PC-15) Zoning District which is intended to provide a range of professional office uses including doctors, dentists, optometrists, oculists, chiropractors and others licensed by the State of California to practice the healing arts. 2. While the existing office building is adjacent to a new residentially oriented planned community, Uptown Newport, the tenant space is oriented towards the parking lot and facing the opposite direction towards other offices, and food services within the PC-15 Zoning Administrator Resolution No. ZA2024-053 Page 3 of 9 07-29-24 Zoning District. These properties provide a range of office and various food service uses. 3. The massage use is not specifically provided a parking rate in PC-15. Therefore, Title 20 (Planning and Zoning) of the NBMC is also relied on for the purpose of establishing parking requirements for the use. Pursuant to Table 3-10 of Section 20.40.040 (Off- Street Parking Spaces Required) of the NBMC, parking for a massage use is one space per 200 square feet of gross floor area, or the City may establish the parking requirements for a massage establishment through the use permit process. Using a rate of one space per 200 square feet of floor area (1,846 square feet) would result in a parking requirement of 10 parking spaces. Although seven massage rooms are provided, the project has been conditioned to be limited to a maximum of five massage technicians on-site at any given time, which would reduce the parking demand during the typical business hours of the existing office building. Based on the proposed condition, a rate of one parking space for every 250 square feet of floor area is appropriate for this use (8 spaces). The existing tenant space was previously used for general office with a parking rate of one parking space for every 225 square feet of net floor area (9 spaces), therefore no additional parking is required. 4. The existing office building includes a shared parking lot. The existing offices have typical office hours of 8 a.m. to 6 p.m., Monday through Friday. Therefore, the condition limiting the number of massage technicians on-site at any given time shall not apply outside of the typical office hours (Monday through Friday after 6 p.m., or on Saturdays or Sundays. 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 1,846 square- foot tenant space on the first floor within an existing office building. The proposed use will consist of seven individual massage rooms, a lobby, and reception area. The project also includes a kitchenette, break room, and storage closet for employee use; all of which are included in the existing tenant space. 2. The proposed hours of operation are between 10:00 a.m. and 8:00 p.m., daily. The surrounding uses consist of various offices, new residential development at Uptown Zoning Administrator Resolution No. ZA2024-053 Page 4 of 9 07-29-24 Newport, and restaurants. 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. Staff has conditioned the hours, 9:00 a.m. to 9:00 p.m., daily to allow some flexibility without an amendment to the use permit. 3. The existing office building is oriented towards a parking lot and runs parallel to Jamboree Road. Uptown Newport, the recently constructed condominium and apartment project, is approximately 240 feet from the entrance to the subject office building. However, the entrance to the office building faces the parking lot away from the residential uses. 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 Jamboree Road with an existing parking lot accessed by a driveway from Jamboree Road. 2. The property is improved with a total of 86 parking surface level open spaces, shared by the entire office building. The proposed use will require eight parking spaces and Fact 3 in support of Finding B is incorporated herein by reference. 3. The project is conditioned to comply with specific requirements from the Building Division, including the requirement to obtain a building permit for tenant improvements. 4. The project is conditioned to obtain all appropriate permits from the Fire Prevention Division (Fire Department) to ensure adequate public and emergency vehicle access is provided. 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. Zoning Administrator Resolution No. ZA2024-053 Page 5 of 9 07-29-24 2. The proposed massage establishment will provide additional services to the residents in the surrounding area, employees in the area, and visitors to the City. 3. The proposal has been reviewed by the Building, Code Enforcement, and Police Departments and recommended conditions have been included to limit any effects to the City or persons living, 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. 25 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. 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 (PA2023-0080), subject to the conditions outlined 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 a call for review is filed with the Community Development Director by the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY Of SEPTEMBER 2024. Zoning Administrator Resolution No. ZA2024-053 Page 6 of 9 07-29-24 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 9:00 a.m. and 9:00 p.m., daily. 5. There shall be no more than five (5) massage technicians onsite at any given time. This condition does not apply Monday through Friday, after 6 p.m., or on Saturday and Sunday. 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 PA2023-0080, 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. ZA2024-053 Page 7 of 9 07-29-24 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. 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 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. 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. Zoning Administrator Resolution No. ZA2024-053 Page 8 of 9 07-29-24 21. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Thai Massage Body Balance including, but not limited to, Minor Use Permit (PA2023-0080). 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 22. 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. 23. A tenant improvement building permit is required prior to commencement of the change of use to the massage establishment. The following conditions are required to be implemented with the tenant improvement: a) There shall be an accessible path of travel from the parking lot and the public right-of-way to the tenant space. b) All counters within the tenant space shall be accessible pursuant to Section 11B-227.3 of California Building Code (CBC) 2022. c) When more than one exit or exit access doorway is required, the exit access shall be arranged such that there is no dead end in a corridor exceeding 20 feet and 50 feet in a sprinkler building. d) Provide a minimum turning space at the dead-end corridor next to the existing break room and storage area sufficient for a wheelchair. e) Provide a minimum maneuvering clearance pursuant to Table 11B-404.2.4.1 of the CBC 2022, for the push side of doors at the existing reception, kitchen and break room and storage. Police Department Zoning Administrator Resolution No. ZA2024-053 Page 9 of 9 07-29-24 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. 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). Code Enforcement 27. All windows (except treatment room windows) shall remain visible and transparent in nature. Window signage shall comply with the NBMC. 28. 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. 29. 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.