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HomeMy WebLinkAboutZA2024-060 - APPROVING A MINOR USE PERMIT FOR A WELLNESS STUDIO (PERSONAL SERVICES, RESTRICTED) LOCATED AT 2210 NEWPORT BOULEVARD, SUITE 104 (PA2024-0079)RESOLUTION NO. ZA2024-060 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR A WELLNESS STUDIO (PERSONAL SERVICES, RESTRICTED) LOCATED AT 2210 NEWPORT BOULEVARD, SUITE 104 (PA2024-0079) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Chandler Clark, on behalf of Peninsula Village LLC (Applicant), concerning property located at 2210 Newport Boulevard, Suite 104, and legally described as Lot 1 of Tract 16594 (Property) requesting approval of a minor use permit. 2. The Applicant proposes a minor use permit to operate a wellness studio, which is classified as a “Personal Services, Restricted” land use. The studio is proposed to operate within a 1,265- square-foot tenant space and offers an infrared sauna, a cold plunge, and other wellness services. The studio has proposed hours of operation from 7:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday (Project). 3. The Property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2) Coastal Zoning District. 5. A coastal development permit is not required since the Project does not involve an intensification of use as the required off-street parking rate does not change from the previous use. 6. A public hearing was held on November 14, 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. 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. Zoning Administrator Resolution No. ZA2024-060 Page 2 of 8 2. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The Project includes the operation of a wellness studio within an existing tenant space. No additional square footage is proposed for the Project. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the Newport Beach Municipal Code, 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 General Plan Land Use category for this property is Mixed-Use Water 2 (MU-W2), which is intended to provide commercial development on or near the bay in a manner that encourages the continuation of coastal-dependent and coastal-related uses in accordance with the Recreational and Marine Commercial (CM) designation, as well as allow for the integrated residential development. The MU-W2 land use category specifically applies to waterfront locations where marine-related uses may be intermixed with buildings that provide residential on the upper floors. The Project is located within the Peninsula Village mixed-use development on the waterfront, which consists of commercial uses on the first floor and residential units above. 2. The 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. Fact in Support of Finding: 1. The Property is located within the MU-W2 Zoning District, which allows a Personal Services, Restricted land use with the approval of a minor use permit. A minor use permit is required as the restricted uses may tend to have a blighting and/or deteriorating effect upon surrounding areas and may need to be dispersed from other similar uses to minimize adverse impacts. 2. As previously noted, the Property is located within Peninsula Village, which is an existing mixed-use development that allows for commercial uses on the first floor. The surrounding commercial uses from the Property include retail, food service, and other similar commercial uses not classified as Personal Services, Restricted. Therefore, the use is dispersed from similar uses that may create adverse impacts. Zoning Administrator Resolution No. ZA2024-060 Page 3 of 8 3. The previous use in the existing tenant space operated as a retail store. The Project does not involve an intensification of use as it requires off-street parking at a rate of 1 space per 250 square feet of gross floor area, which is the same parking requirement as the previous use. In addition, residential parking at the Property is provided through the existing parking garage. Since there is no intensification of use associated with the Project, a coastal development permit is not required. 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 wellness studio is located within Peninsula Village, which is an existing mixed-use development that is compatible with the surrounding uses at the project site and in the surrounding area. The Project’s tenant space is located on the first floor alongside other existing commercial uses such as retail and a health and fitness facility. In addition, the Property faces Newport Boulevard between 21st and 26th Street and is directly across several existing commercial uses on Balboa Boulevard, which are also identified as mixed-use zoning districts. Those properties are currently operating as restaurants and retail stores. 2. The wellness studio is proposed to operate from 7:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. However, Condition of Approval No. 5 includes a later closing hour of 7:00 p.m. on Saturday and Sunday to provide flexibility for the Applicant while helping to safeguard against potential nuisances for surrounding residents and businesses. The Project does not propose late hours (past 11:00 p.m.), which will further minimize any potential disturbance to residences nearby the Property. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access, and public services and utilities. Facts in Support of Finding 1. The Property is located on Newport Boulevard between 21st and 26th Street, with heavier vehicular traffic and pedestrian activity in the vicinity as the public beach is approximately 645 feet west of the Property. Additionally, the Property is adjacent to the Newport Harbor. There are also multiple public parking spaces along Newport Boulevard and across the street on West Balboa Boulevard which can serve as supplemental parking for patrons visiting the Property. Zoning Administrator Resolution No. ZA2024-060 Page 4 of 8 2. The Project will occupy an existing tenant space in an existing commercial building serviced by all necessary utilities. No additional square footage is proposed as part of this Project. In addition, the design, location, shape, size, and operating characteristics of the use are compatible with the existing commercial related services. The Project offers wellness services that include an infrared sauna and a cold plunge. 3. The Fire Department has reviewed the Project and provided conditions of approval which are outlined in the attached “Exhibit A”. 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. Per Condition of Approval No. 5, the Project shall operate during the hours that have been stated in this Resolution which will minimize disturbances from neighboring residences and ensure compliance with noise from the project site. 2. The Peninsula Village’s mixed-use development under PA2001-210 extensively reviewed parking, vehicular and pedestrian access, and commercial uses offered at the Property. Given that the Project’s proposed use will operate in an existing tenant space of Peninsula Village, it is not anticipated that the use will be detrimental to the harmonious growth of the City or constitute as a public inconvenience to the surrounding neighborhood. 3. Fact 3 in support of Finding B is hereby incorporated for reference. 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 Minor Use Permit No. PA2024-0079 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 Zoning Administrator Resolution No. ZA2024-060 Page 5 of 8 Community Development Director by the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF NOVEMBER 2024. Zoning Administrator Resolution No. ZA2024-060 Page 6 of 8 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, 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. A material violation of any of those laws in connection with the use may cause the revocation of this Minor Use Permit. 4. This minor use permit, as part of PA2024-0079, shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code unless an extension is otherwise granted. 5. The project shall operate from 7:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 7:00 p.m. on Saturday and Sunday. 6. 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 are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 7. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require subsequent review and approval of the Planning Division. Depending on the nature of the request, an amendment to this Minor Use Permit or the processing of a new Use Permit, may be required. 8. If construction or alterations are proposed that would require a building permit, a copy of the Resolution, including Exhibit “A”’s Conditions of Approval, shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2024-060 Page 7 of 8 11. 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 leasing agent. 12. 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. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. 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. 15. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 16. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 17. The exterior of the business shall be always maintained free of litter and graffiti. 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. 18. 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). 19. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 20. A Special Events Permit is required for any event or promotional activity outside the normal operating 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. ZA2024-060 Page 8 of 8 21. To the fullest extent permitted by law, the 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 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 SweatHouz Wellness Studio including, but not limited to, Minor Use Permit No. PA2024-0079. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Fire Department 22. A fire sprinkler deferred submittal shall be required. 23. A fire alarm deferred submittal shall be required for buildings equipped with fire alarms. 24. Services including oxygen enriched environments, hyperbaric chambers, cryogenic treatments, or introduction of other hazardous materials shall be prohibited. Introduction of any additional services shall require the review and approval by the Newport Beach Fire Department and Building Division. Building Division 25. 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 before the issuance of a building permit.