HomeMy WebLinkAbout02 - Chaba Thai Massage and Spa Use Permit�EWPOR COMMUNITY DEVELOPMENT DEPARTMENT
04 ��
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644-3229
www.newportbeachca.aov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 11, 2012
Agenda Item 2
SUBJECT: Chaba Thai Massage and Spa — PA2011 -202
1000 North Bristol Street, Suite 19
Minor Use Permit No. UP2011 -033
APPLICANT: Michael and Somporn Guenther
PLANNER: Fern Nueno, Assisstant Planner
(949) 644 -3227
ZONING DISTRICT /GENERAL PLAN
PC -11 (Newport Place — General Commercial Site 3)/ CG (General Commercial)
PROJECT SUMMARY
The applicant proposes a Minor Use Permit for a massage establishment located in a
1,200 square -foot suite within an existing shopping center. The proposed establishment
will provide five (5) massage rooms, a restroom, a shower, a reception /waiting area,
and a utility room. The proposed hours of operation are from 10:00 a.m. to 9:00 p.m.,
daily. A maximum of seven (7) employees will be on duty at all times.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. approving Minor Use
Permit No. UP2011 -033, subject to findings and conditions (Attachment No. ZA 1).
DISCUSSION
The project will be located in a vacant retail space previously occupied with a skin
care facility, within the Plaza Newport shopping center. The center is developed with
four (4) multi- tenant buildings and a surface parking lot with 222 spaces.
Chaba Thai Massage and Spa (PA2011 -202)
January 11, 2012
Page 2
• The proposed use is typical for this type of shopping center development and is
consistent with the land uses permitted within the PC -11 (Newport Place) Zoning
District and the General Commercial (CG) General Plan Land Use Element
category.
• The subject property is located within General Commercial Site 3 of the Newport
Place Planned Community. Pursuant the PC -11 Development Plan Part II
(Commercial), Section II (Permitted Uses), Group II (Commercial Uses), F (General
Commercial), General Commercial sites allow for commercial uses such as retail,
restaurant, hobby stores, professional services, offices, and other uses of similar
nature. A massage establishment is a general commercial use of similar nature to the
allowed retail and services uses and is an allowed use with the approval of a Minor
Use Permit.
• General Commercial Site 3 has a "blended" parking requirement of one (1) space for
every 250 square feet of net floor area and one (1) loading space for every 10,000
square feet of gross floor area. The blended parking rate assumes a mix of uses,
which allows a change in use of a tenant suite without affecting the parking
requirement for the overall site.
• The project is compatible with existing and allowed uses within the shopping center.
Other uses in the shopping center include restaurants, hair and nail salons, mail
services, health /fitness facility, and retail uses.
ENVIRONMENTAL REVIEW
The project qualifies for a Class 1 (Existing Facilities) categorical exemption of the
California Environmental Quality Act because it involves interior alterations to convert
vacant space previously used as skin care to a massage establishment.
PUBLIC NOTICE
Notice of this application was 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 prior to the decision date,
consistent with the provisions of the Municipal Code.
APPEAL PERIOD
Minor Use Permit applications do not become effective until 14 days following the date of
action. Prior to the effective date, the applicant or any interested party may appeal the
decision of the Zoning Administrator to the Planning Commission by submitting a written
appeal application to the Community Development Director. For additional information on
filing an appeal, contact the Planning Division at 949 - 644 -3200.
Chaba Thai Massage and Spa (PA2011 -202)
January 11, 2012
Page 3
Submitted by:
Fain NOino, Assistant Planner
GBR /fn
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
Attachment No. ZA 1
Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2011 -033 FOR A MASSAGE ESTABLISHMENT
LOCATED AT 1000 NORTH BRISTOL STREET (PA2011 -202)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Michael and Somporn Guenther, Chaba Thai Massage and
Spa, with respect to property located at 1000 North Bristol Street, Suite 19, and legally
described as Parcel 1 of Resubdivision 0541, requesting approval of a Minor Use Permit.
2. The applicant requests a Minor Use Permit for a massage establishment located in a
1,200 square -foot suite within an existing shopping center. The center is developed
with four (4) multi- tenant buildings and a surface parking lot with 222 spaces.
3. The subject property is located within the PC -11 (Newport Place — General Commercial
Site 3) Zoning District and the General Plan Land Use Element category is CG (General
Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on January 11, 2012, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting 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 meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act, pursuant to Section 15301 (Class 1 —
Existing Facilities).
2. Class 1 exempts minor alterations to existing facilities that involve negligible expansion
of the use. This project involves an interior remodel of an existing commercial space
and a change in use from a skin care facility to a massage establishment, which is a
negligible expansion of use.
Zoning Administrator Resolution No.
Page 2 of 7
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F (Findings and decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a use permit 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 designation for this site is CG (General Commercial).
The CG designation is intended to provide for the a wide variety of commercial
activities oriented primarily to serve citywide or regional needs. The massage
establishment is consistent with this land use designation. The use will serve
residents, visitors, and the workforce in the area.
2. 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 site is located in the PC -11 (Newport Place Planned Community) Zoning
District within General Commercial Site 3. Pursuant the PC -11 Development Plan
Part II (Commercial), Section II (Permitted Uses), Group II (Commercial Uses), F
(General Commercial), General Commercial sites allow for commercial uses such
as retail, restaurant, hobby stores, professional service uses, and offices. A
massage establishment is a general commercial use that is allowed at the subject
location.
2. Pursuant to Section 5.50.010 (Definitions), a massage establishment means any
business conducted within the City of Newport Beach where any person, firm,
association, partnership, corporation, or combination of individuals engages in,
conducts, carries on or permits to be conducted or carried on, for money or any
other consideration, administration to another person of a massage, bath or
health treatment involving massages or baths.
3. The massage establishment use is consistent with the legislative intent of Section
20.48.120 (Massage Establishments and Services) of the Municipal Code, which
provides standards for the establishment, location, and operation of massage
establishments operated as an independent use, in addition to the standards in
Chapter 5.50 (Massage Establishments). These standards are intended to
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Zoning Administrator Resolution No.
Page 3 of 7
promote operation of legitimate massage services and to prevent problems of
blight and deterioration, which accompany and are brought about by large
numbers of massage establishments that may act as fronts for prostitution and
other illegal activity. The massage establishment is not located within 500 feet of
a public or private school, park or playground, civic center, cultural site, religious
institution, or another massage establishment.
4. General Commercial Site 3 has a "blended" parking requirement of one (1)
space for every 250 square feet of net floor area and one (1) loading space for
every 10,000 square feet of gross floor area. A change in use of a tenant suite
does not affect the parking requirement for the overall site. The site is
developed with a surface parking lot with 222 parking spaces.
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 allowed uses in the vicinity include retail, restaurant, hobby stores, book and
office support stores, travel agencies, home furnishing stores, athletic clubs,
personal services, offices, and mixed -use.
2. The proposed project involves interior alterations to convert vacant retail space
within the Plaza Newport shopping center to a massage establishment use.
The suite is 1,200 square feet and is located within a multi- tenant building. The
shopping center is located within a commercial area with residential uses
(across State Route 73) and the John Wayne Airport nearby. The shopping
center fronts Bristol Street and State Route 73. The project is compatible with
existing and allowed uses within the shopping center. Other uses in the
shopping center include restaurants, hair and nail salons, mail services,
health /fitness facility, and retail uses.
3. The operational characteristics of the use are that of a massage establishment,
which is a typical use in these types of shopping centers. The proposed
establishment will provide five (5) massage rooms, a restroom, a shower, a
reception /waiting area, and a utility room. The proposed hours of operation are
from 10:00 a.m. to 9:00 p.m. A maximum of seven (7) employees will be on
duty at all times. The operating characteristics of the use are compatible with
the allowed and existing uses in the vicinity.
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.
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Zoning Administrator Resolution No.
Page 4 of 7
Facts in Support of Finding
1. The shopping center property is approximately 602 feet by 283 feet (170,366
square feet in area), and is developed with four (4) multi- tenant buildings and a
surface parking lot with 222 spaces. The existing building and parking lot have
functioned satisfactorily with the current configuration. The lot fronts North
Bristol Street and has two (2) vehicular access points into and out of the shopping
center.
2. Adequate public and emergency vehicle access, public services, and utilities
are provided within the existing property and the proposed project will not
negatively affect emergency access.
Finding
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, a 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 will not operate with late hours, which will help minimize
potential detrimental effects on the surrounding area.
2. The shopping center is not located within an area with problems of blight and
deterioration.
3. The proposed massage establishment will help revitalize the project site and
provide an economic opportunity for the property owner to lease the tenant
space. Additionally, the establishment will provide additional services to the
residents and visitors in the surrounding area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No.
UP2011 -033, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
2. Minor Use Permit applications do not become effective until 14 days following the date of
action. Prior to the effective date, the applicant or any interested party may appeal the
decision of the Zoning Administrator to the Planning Commission by submitting a written
appeal application to the Community Development Director. For additional information on
filing an appeal, contact the Planning Division at 949 - 644 -3200.
Tmplt: 03/08/11
Zoning Administrator Resolution No.
Page 5 of 7
PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF JANUARY, 2012.
0
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No.
Page 6 of 7
1 *: / off 11.311 iii_16
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and
floor plan dated with this date of approval (except as modified by applicable conditions of
approval).
2. This Minor Use Permit may be modified or revoked by the Zoning Administrator should
he /she determine 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.
3. Any change in operational characteristics, hours of operation, 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 Minor Use Permit.
4. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
5. Minor Use Permit No. UP2011 -033 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 Zoning Code, unless an extension is otherwise granted.
6. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by the
current owner or leasing company.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. 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 Use
Permit.
9. A copy of this resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
10. Prior to the issuance of building permits, the shower, massage room doors, door
hardware, and reception counter design shall be shown to comply with accessibility
requirements.
11. The hours of operation are limited to between 10:00 a.m. to 9:00 p.m., daily.
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Zoning Administrator Resolution No.
Page 7 of 7
12. A maximum of seven (7) employees are permitted to be on duty at any given time.
13. A valid business license from the City of Newport Beach with sellers permit shall be
required prior to start of business. Any contractors /subcontractors doing work at the
subject site shall be required to obtain a valid business license from the City of Newport
Beach prior to the commencement of any work on the subject site.
14. Any technicians working as independent contractors shall obtain their own City
business license.
15. The applicant shall adhere to all provisions set forth in SB 731 and 4600 Business and
Professions Code, relating to operating a massage establishment.
16. Should the massage establishment employ technicians that are not California
Massage Therapy Council ( CAMTC) certified, a City Massage Operators Permit shall
be obtained.
17. Prior to the final of building permits, proof that all technicians are CAMTC certified
shall be required, unless a City Massage Operators Permit is first obtained. All
technicians are required to maintain certification and shall present proof upon request
by the City.
18. 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 Chaba Thai Massage and Spa including, but not
limited to Minor Use Permit No. UP2011 -033 (PA2011 -202) and the determination that
the project is exempt under the requirements of the California Environmental Quality Act.
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.
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Attachment No. ZA 2
Vicinity Map
VICINITY MAP
Minor Use Permit No. UP2011 -033
PA2011 -202
1000 North Bristol Street, Suite 19
Attachment No. ZA 3
Project Plans
PROJECT DESCRIPTION
C HABA THAI MASSAGE & SPA CHANGETHEUSEOFEKISRETAUTOMA
'CHANGEOFUSE FROM' RETAIL' 70MA45AGE PARLORWHEREANY PERSON
WHO PROVIDES MASSAGESERWCESATTHIS PREMISE SHALL BECERTIFIEOAS
A MASSAGE THERAPIST OR MASSAGE PRACTIONER PURSUANT TO CALIFORNIA
1000 BRISTOL STREET NORTH SUITE 19 BUSINESS AND PROFESSIONAL SECTION 4600 ET SEW
NEWPORT BEACH, CA 92660 APN # 427 - 241 -04
SHEET INDEX VICINITY MAP PROJECT INFORM ATION
NH PROJECT CFA3ATGM AS
SAGEd S PA
A-1.0 TITLESHEETNOPLOTPIAN .PROPWIFOROORPIAIN PROJECT ILOCA TION: IM MISTOL ST.NSURE IB
NEWPORTBEACH.CA9266D
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46rsJ �° kfi. ZONE: CG
Lro'y s a!IY` OCCUPANCYGRWP: B
CONSTRUCTION TYPE: V -B
FIFESPRINKLERS: YES
00 S1n51a1 St R I SQUARE FOOTAGE: 1.200 SO. FT.
Nw ASexeh CA 92c60 -3916
1 BUSTING OCCUPANCY: SKNCARECLINIC
I PROPOSEDOCCUPANCY: MASSAGE PARLOR
Ta .� BUSINESS OWNERIOPERATOR: SOMPORN GUENTHER
10. CHABATHAIMASSAGEANDSPA
1MHARBORBLVD
COSTAMESA, M92627
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BUILDNGOWNER THE WOLOSON COMPANY
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LAGUNABEACH,CA92651
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PHONE: (949)49]- 61NN18
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FAX(949)376-2197
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TRASH ENCLOSURES
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PA2011 -202 for UP2011 -033
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