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HomeMy WebLinkAboutZA2024-054 - APPROVING A MINOR USE PERMIT AND ADJUSTING THE PARKING RATE FOR A MASSAGE ESTABLISHMENT AND DAY SPA LOCATED AT 2727 NEWPORT BOULEVARD, SUITE 204 (PA2024-0056)RESOLUTION NO. ZA2024-054 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MINOR USE PERMIT AND ADJUSTING THE PARKING RATE FOR A MASSAGE ESTABLISHMENT AND DAY SPA LOCATED AT 2727 NEWPORT BOULEVARD, SUITE 204 (PA2024-0056) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by David Dunlap of Lux Spa Newport Beach Massage, LLC, with respect to property located at 2727 Newport Boulevard, Suite 204, and legally described as Lake Tract, Lot 4 Block 127, and Lots 5 to 14 including portion of Lots 2/3 lying northerly of 26th Street, and all -except street- Lots 15 to 19, including all in Block 127, Tract 418, requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow the operation of a massage establishment and day spa. The project will improve an approximately 855 square-foot office suite within an existing, multi-tenant, commercial building into a massage and day spa with five treatment rooms, lobby, reception room, and utility area for employee use. Provided services will include massage, hair treatments and shampooing, waxing, and facials. The business would operate from 9:00 a.m. to 9:00 p.m., daily. Included is a request to modify the parking rate for massage. 3. The subject property is categorized as Visitor Serving Commercial (CV) by the Land Use Element of the General Plan and is located within the Commercial Visitor-Serving (CV) Zoning District. 4. The subject property is located within the Coastal Zone. The Coastal Land Use Plan category is Visitor Serving Commercial – (0.0 – 0.75 FAR) (CV-A) and the Coastal Zoning District is Commercial Visitor-Serving (CV). The project is not considered development pursuant to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) and no coastal development permit is required. 5. A public hearing was held on September 26, 2024, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the 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 Zoning Administrator Resolution No. ZA2024-054 Page 2 of 11 10-18-21 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 convert an existing office suite with no intensification in use. Additionally, no new floor area is proposed. 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 Newport Beach Municipal Code (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 is categorized as CV by the Land Use Element of the General Plan. The CV categorization is intended to provide areas appropriate for accommodations, goods, and services intended to serve visitors primarily to the city. 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 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 and day spa is consistent with the land uses suggested by the CV categorization as 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; Zoning Administrator Resolution No. ZA2024-054 Page 3 of 11 10-18-21 Facts in Support of Finding: 1. The subject property is located within the CV Zoning District. Similar to the CV land use category, the CV Zoning District is intended to provide areas appropriate for accommodations, goods, and services that primarily serve visitors to the city. 2. Pursuant to Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC, both a massage establishment and a day spa are permitted in the CV Zoning District, subject to approval of a minor use permit. 3. 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. Of the five treatment rooms, only two rooms would be used for massage purposes at any given time. Condition of approval No. 5 limits the business to a maximum of two massage technicians providing massage services during hours of operation. Because more than half of the tenant space would be providing personal services, including waxing, facials, and hair treatments, the parking rate for Personal Services, General is appropriate. The Personal Services, General use is parked at a rate of one space required for every 250 square feet of gross floor area and parking requirement is four spaces. This is the same number of required spaces as the previous office use. 4. 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 result from an overconcentration 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 tenant space is located on the second floor of a multi-tenant commercial building. The suite would be improved with five treatment rooms, lobby, reception room, and utility area. While treatment rooms provide a sink for shampooing and other treatment related purposes, restrooms are located outside of the suite and are common to the building. 2. The existing commercial building is located within a commercial center where there are other established commercial uses. Residential dwellings are located approximately 85 feet away, across Balboa Boulevard to the west. Zoning Administrator Resolution No. ZA2024-054 Page 4 of 11 10-18-21 3. Hours of operations are proposed from 9:00 a.m. to 9:00 p.m., daily. Surrounding uses within the same commercial center include fast casual restaurants, retail, general office, and other personal services. The project does not propose late hours (i.e., past 11:00 p.m.) and is not likely to cause noise or disruptions to surrounding uses. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and for 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 project site is located between Newport Boulevard and Balboa Boulevard, within an existing, two-story, multi-tenant, commercial building. There is a shared, 88-space, surface, parking lot, accessed from either Newport Boulevard or Balboa Boulevard, that serves both the two-story commercial building, and the smaller, single-story, commercial building also addressed as 2727 Newport Boulevard. 2. Fact 3 in Support of Finding B hereby incorporated by reference. 3. As the project does not intensify parking demand, the provided parking should be adequate to accommodate the use. 4. The Fire Department has reviewed the project to ensure adequate public and emergency vehicle access is provided and has no concerns with the project. 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 project is conditioned with typical daytime and evening hours of operation that are intended to encourage compatibility within the surrounding neighborhood. 2. The proposed massage establishment and day spa will provide therapeutic services to the residents in the surrounding area and to visitors within the City. 3. The project was reviewed by the Building Division, Public Works Department, Fire Department, Code Enforcement Division, and Newport Beach Police Department (NBPD). All recommended conditions of approvals have been included to help limit any negative effects to persons visiting or working in the surrounding neighborhood. Zoning Administrator Resolution No. ZA2024-054 Page 5 of 11 10-18-21 4. The NBPD has reviewed the project and has no objections to this project as proposed. Condition of Approval No. 25 is 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 to prevent problems of blight and deterioration, which accompany and are brought about by a large number of massage establishments and the misuse of massage therapy as a front for prostitution and other illegal activities. 2. While a massage establish shall not be located within 500 feet of a public or private school, park or playground, civic center, cultural site, or religious institution, or within 500 feet of another massage establishment site. 3. Although the project is located within 500 feet of the public beach, the project is not anticipated to negatively impact beachgoers as the proposed use is over 450 feet away from the nearest public beach and the suite is oriented towards the interior of the property and within an existing multi-tenant commercial building. 4. The proposed use is within a managed, multi-tenant commercial building, which should help discourage the operation of illegal activities. 5. The lack of late hours should also help prevent the business from being used for illegal activities. 6. Fact 4 in Support of Finding E is hereby incorporated by reference. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area; and Zoning Administrator Resolution No. ZA2024-054 Page 6 of 11 10-18-21 Facts in Support of Finding: 1. The subject property is not located within a blighted area and is well maintained. 2. Condition of Approval No. 28 requires all windows (except treatment room windows) to remain visible and transparent in nature. 3. Condition of Approval No. 6, requires any signage to comply with the requirements of Chapter 20.42 (Signs) of the NBMC. This condition should help prevent the proliferation of signs advertising massage services or the installation of prohibited sign types, such as animated and changeable copy signs or luminous tube lighting (i.e., neon). 4. While there are other massage establishments on the Balboa Peninsula, there does not appear to be an overconcentration creating blight. Finding: H. The proposed use will not adversely affect a religious institution, school, park, or playground; Facts in Support of Finding: 1. Fact 3 in Support of Finding F is hereby incorporated by reference. 2. The NBPD has reviewed the request for a waiver of location restrictions and has no concerns regarding the location. 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 (PA2024-0056), 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. Zoning Administrator Resolution No. ZA2024-054 Page 7 of 11 10-18-21 PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF SEPTEMBER 2024. Zoning Administrator Resolution No. ZA2024-054 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 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 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 two (2) massage technicians onsite 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 NBMC. 7. This Minor Use Permit, as part of PA2024-0056, 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. 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 subsequent review by the Planning Division and may require an amendment to this Minor Use Permit or the processing of a new Use Permit. 10. 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. 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. Zoning Administrator Resolution No. ZA2024-054 Page 9 of 11 10-18-21 12. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 13. 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 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 14. No outside paging system shall be utilized in conjunction with this establishment. 15. 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. 16. 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). 17. 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. 18. 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. 19. 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. 20. 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 Lux Massage Spa including, but not limited to, Minor Use Permit (PA2024-0056). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, Zoning Administrator Resolution No. ZA2024-054 Page 10 of 11 10-18-21 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. Fire Department 21. Fire sprinkler plans shall be submitted for any tenant improvement work that may obstruct or affect the water spray pattern of the fire sprinkler system. 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 (CBC). The construction plans must meet all applicable State Disabilities Access requirements. 23. An accessible path of travel is required from the parking lot and public right of way to the tenant space, in accordance with 11B-202.3 of the CBC. Police Department 24. Strict adherence to Chapter 5.50 (Massage Establishments) of the NBMC shall be required. 25. Prior to operation, the applicant 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). 27. The business shall maintain requirements of operation and submit to inspections by officers of the NBPD. Code Enforcement Division 28. All windows (except treatment room windows) shall remain visible and transparent in nature. Window signage shall comply with the NBMC. 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. Zoning Administrator Resolution No. ZA2024-054 Page 11 of 11 10-18-21 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.