HomeMy WebLinkAbout03 - Thai Body Works MUP_PA2012-136COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644 -3229
(1) www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 12, 2012
Agenda Item #3
SUBJECT: Thai Body Works - (PA2012 -136)
3617 E. Coast Highway, Suite B
Minor Use Permit No. UP2012 -023
APPLICANT: Three Naree Co. Inc dba Thai Body Works
PLANNER: Kay Sims, Assistant Planner
(949) 644 -3237 or ksims @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: CC (Commercial Corridor)
• General Plan: CC (Commercial Corridor)
PROJECT SUMMARY A minor use permit to establish the number of parking
spaces required for a proposed 1,191 square -foot massage facility in a suite previously
occupied by a dry cleaning and shoe repair business within a commercial building
located in Corona del Mar. Zoning Code Section 20.40 (Off- Street Parking) permits the
establishment of the parking requirement for a massage facility with approval of a use
permit. The proposed operation will consist of four therapy rooms. Four massage
technicians, as independent contractors, certified by the California Massage Therapy
Council (CAMTC), will provide the massage services. Each individual technician will
schedule their client appointments and greet walk -in clients. A maximum of four
technicians will be present at any one time. The proposed hours of operation will be
10:00 a.m. to 9:00 p.m., 7 days per week.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2012 -023 No. (Attachment No. ZA 1).
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Thai Body Works
December 12, 2012
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DISCUSSION
• Zoning Code Chapter 20.40 (Off- Street Parking), Table 3 -10 (Off- Street Parking
Requirements) allows establishment of the parking requirement for a massage
facility to be one space per 200 square feet or as required by a conditional use
permit. Pursuant to Zoning Code Section 20.50.020 (Authority for Land Use and
Zoning Decisions), the Community Development Director has interpreted the
code and has determined that approval of a minor use permit is appropriate,
since the Zoning Code (Chapter 20.20.020: Commercial Zoning Districts Land
Uses and Permit Requirements) states that approval of a minor use permit is
required for a massage facility.
• The Zoning Code states that approval of a minor use permit is required to allow a
massage facility in the CC (Commercial Corridor) Zoning District. As a result of
the passage of California Bill SB731, the City does not require discretionary
approval, if all massage services are provided by technicians certified by the
California Massage Therapy Council (CAMTC). Approval of the proposed minor
use permit application, however, will include conditions of approval pertaining to
the operational characteristics of the massage use, as well as establishing the
parking requirement.
• The subject property consists of a 4,207- square -foot commercial building and a
109 - square -foot detached flower stand located at the front of the property facing
East Coast Highway (4,316 total square feet). The retail /commercial building is
divided into six suites, which are currently occupied with three retail uses, a hair
and nail salon, and a takeout restaurant (UP3855 approved 1991). The flower
stand was originally approved as a 70- square -foot structure (Use Permit No.
UP3125) in 1985. A building permit also issued in 1985 allowed an increase in
the square footage.
• The property is considered legal nonconforming (parking) because there are 17
existing parking spaces, where, based on a retail parking ratio of one space per
250 gross square feet, a total of 18 spaces (4,316/250 = 18 spaces) is required.
• Pursuant to Chapter 20.38.060 (Nonconforming Parking), a nonconforming use
in a nonresidential zoning district may be changed to a new use allowed in that
zoning district without providing additional parking, provided no intensification or
enlargement (e.g., increase in floor area, or lot area) occurs and the new use
requires a parking rate of no more than one space per 250 square feet of gross
building area.
• The subject suite, currently vacant, was previously a shoe repair and dry
cleaning business, which required one parking space per 250 square feet (1/250)
of gross floor area (1,191 sq. ft/250 = 5 spaces).
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Thai Body Works
December 12, 2012
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• Staff believes that, based on the high level of pedestrian activity in the Corona
del Mar village, the operational characteristics of the project, and the facts stated
in the attached Resolution, the same parking ratio (1/250) can be supported
rather than the more stringent 1/200 ratio.
• The proposed massage use is a service use that will be complementary to the
other uses in the commercial building which include a hair salon, retail sales, and
a take -out restaurant. Its operating characteristics are similar to other service
uses such as barber and beauty shops, and tanning salons.
ENVIRONMENTAL REVIEW
The project qualifies for Class 1 (Existing Facilities) categorical exemption, Section
15301 of the California Environmental Quality Act. The Class 1 exemption includes the
ongoing use of existing buildings where there is negligible or no expansion of use. The
proposed project involves interior alterations to convert a currently vacant suite,
previously occupied by a dry cleaner and shoe repair business, to a massage facility.
The existing space will be remodeled with approval of a tenant improvement building
permit. There is no expansion of the physical building and no additional parking will be
required.
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 prior to the decision date, 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 may be filed with the Director of Community Development
or City Clerk, as applicable, within fourteen (14) days following the date the action or
decision was rendered. For additional information on filing an appeal, contact the Planning
Division at 949 644 -3200.
Prepared by:
Kay Sims, Assistant Planner
GR/ks
Attachments: ZA 1 Draft Resolution
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ZA 2 Vicinity Map
ZA 3 Photos
ZA 4 Project Plans
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Thai Body Works
December 12, 2012
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2012 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING APPLICATION NO.
UP2012 -023 FOR A MINOR USE PERMIT TO ESTABLISH THE
NUMBER OF PARKING SPACES REQUIRED FOR A PROPOSED
1,191- SQUARE- FOOT - MASSAGE FACILITY WITHIN AN
EXISTING COMMERCIAL SUITE LOCATED AT 3617 EAST
COAST HIGHWAY (PA2012 -136).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Three Naree Co. Inc dba Thai Body Works with respect to
property located at 3617 East Coast Highway, Suite B and legally described as Lot 1 and
Lot 2, Block AA, Tract requesting approval of a Minor Use Permit.
2. A minor use permit to establish the number of parking spaces required for a proposed
1,191 square -foot massage facility in a suite previously occupied by a dry cleaning and
shoe repair business within a commercial building located in Corona del Mar. Zoning
Code Section 20.40 (Off- Street Parking) permits the establishment of the parking
requirement for a massage facility with approval of a use permit. The proposed
operation will consist of four therapy rooms. Four massage technicians, as
independent contractors, certified by the California Massage Therapy Council
(CAMTC), will provide the massage services. Each individual technician will schedule
their client appointments and greet walk -in clients. A maximum of four massage
technicians will be present at any one time. The proposed hours of operation will be
10:00 a.m. to 9:00 p.m., 7 days per week.
3. The subject property is located within the Commercial Corridor (CC) Zoning District and
the General Plan Land Use Element category is Commercial Corridor (CC).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Corridor Commercial (CC -B).
5. A public hearing was held on December 12, 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
Planning Commission at this meeting.
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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 under Class 1
(Existing Facilities).
2. The Class 1 exemption includes the ongoing use of existing buildings where
there is negligible or no expansion of use. The proposed project involves
interior alterations to convert a currently vacant suite, previously occupied by a
dry cleaner and shoe repair business, to a massage facility. The existing space
will be remodeled with approval of a tenant improvement building permit. There
is no expansion of the physical building and no additional parking will be
required.
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following
findings and facts in support of such 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 CC (Corridor
Commercial), which 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. The proposed massage use is a service use and is
consistent with the land uses permitted within this land use designation. The
location within a commercial building located at the corner of East Coast
Highway and Orchid Avenue in Corona del Mar will provide residents and
visitors within the neighborhood and vicinity an additional neighborhood service
and will contribute to pedestrian activity 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.
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Facts in Support of Finding:
1. The proposed use is located in the CC (Commercial Corridor) Zoning District of
the Newport Zoning Code. The intent of this district is to provide for a range of
neighborhood - serving retail and service uses along street frontages that are
located and designed to foster pedestrian activity. The proposed massage use
is consistent with the land uses permitted within this zoning district. The location
within a commercial building at the corner of East Coast Highway and Orchid
Avenue in Corona del Mar will provide residents and visitors within the
neighborhood and vicinity an additional neighborhood service and will foster
pedestrian activity in the area.
2. Zoning Code Chapter 20.40 (Off- Street Parking), Table 3 -10 (Off- Street Parking
Requirements) allows establishment of the parking requirement for a massage
facility with approval of a conditional use permit. Pursuant to Zoning Code
Section 20.50.020 (Authority for Land Use and Zoning Decisions), the
Community Development Director has interpreted the code and has determined
that approval of a minor use permit is appropriate, since the Zoning Code
(Chapter 20.20.020: Commercial Zoning Districts Land Uses and Permit
Requirements) states that approval of a minor use permit is required for a
massage facility.
3. The Zoning Code states that approval of a minor use permit is required to allow
a massage facility in the CC (Commercial Corridor) Zoning District. As a result
of the passage of California Bill SB731, the City does not require discretionary
approval for the new massage use, because all massage services are provided
by technicians certified by the California Massage Therapy Council (CAMTC).
Although the purpose is to establish the parking requirement for the massage
use, conditions of approval that establish the operational characteristics of the
massage use are included in Attachment A.
4. The proposed use will be located within an existing commercial building. The
commercial site is considered legal nonconforming (parking). Parking for the
current uses on the site is calculated using a required ratio of one space per
250 gross square feet. Eighteen spaces are required (4,316/250 = 18 spaces)
and 17 spaces are existing.
5. Pursuant to Chapter 20.38.060 (Nonconforming Parking), a nonconforming use
in a nonresidential zoning district may be changed to a new use allowed in that
zoning district without providing additional parking, provided no intensification or
enlargement (e.g., increase in floor area, or lot area) occurs, and the new use
requires a parking rate of no more than one space per 250 square feet of gross
building area.
6. Although classified as a separate land use, a massage use is a service use with
similar operating characteristics to other service uses, such as barber and
beauty shops and tanning salons. The subject suite was formerly occupied by a
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dry cleaning and shoe repair business, which is also classified as a service use.
Service uses have a required parking ratio of one space per 250 square feet of
gross floor area. Establishing the parking rate for the proposed massage use at
one space per 250 gross square feet is reasonable given that there is space for
four clients, it is a service use with similar operating characteristics as those of
other service uses, and there is a high level of pedestrian activity in the Corona
del Mar village.
7. The proposed project complies with the requirements of Chapter 20.38.060
(Nonconforming Parking) because the square footage of the existing suite will
not be increased; the operational characteristics of the massage use as a
service use will require the same number of parking spaces required for the
previous occupant of the subject suite and for other uses with similar operating
characteristics that are classified as service uses (1,191/250 = 5 spaces); and
the new use will require a parking rate of no more than one space per 250
square feet of gross building area.
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 project involves interior alterations to convert an existing suite
previously occupied by a dry cleaning and shoe repair business. The 17
existing parking spaces on site will be maintained.
2. The proposed operation will consist of four therapy rooms. Four massage
technicians, as independent contractors, certified by the California Massage
Therapy Council (CAMTC), will provide the massage services. Each individual
technician will schedule their client appointments and greet walk -in clients. No
designated receptionist will be provided. A maximum of four technicians will be
present at any one time. The proposed hours of operation will be 10:00 a.m. to
9:00 p.m., 7 days per week.
3. The proposed massage use is a service use that will be complementary to the
other uses in the commercial building, which include a hair salon, retail sales,
and a take -out restaurant. Its operating characteristics are similar to other
service uses such as barber and beauty shops, and tanning salons.
4. The proposed addition of a massage facility at this location does not present
any conflicts with uses within the surrounding neighborhood and vicinity. It will
provide a beneficial service for residents of the neighborhood and visitors to the
area and will not require the provision of additional parking spaces on the site.
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5. The proposed massage use will be located within a commercial building on a
site located at the corner of East Coast Highway and Orchid Avenue in Corona
del Mar. It will serve clients by appointment and walk -in customers. Due to its
corner location, opportunities for on- street parking will be available along Orchid
Avenue and East Coast Highway in addition to the parking spaces provided on
the site.
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:
The proposed project will be located in a suite within an existing commercial
building and will involve minor interior alterations of the suite. The design, size,
location, and operating characteristics of the use are compatible with the
existing uses on the site and within the surrounding area.
2. Adequate public and emergency vehicle access, public services, and utilities
are provided on -site and are accessed from either Orchid Avenue, East Coast
Highway, or the alley at the rear of the site.
3. The tenant improvements to the project site will comply with all Building, Public
Works, and Fire Codes. All ordinances of the City and all conditions of approval
will be complied with.
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, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
The project has been reviewed and this approval includes conditions to establish
the permitted hours of operation, the maximum number of rooms allowed for
massage services in the suite, and the maximum number of massage technicians
allowed on site at any one time. These conditions will ensure that the proposed
massage use will be compatible with the uses on site and within the surrounding
neighborhood. These restrictions will also ensure that the proposed operation will
not create an intensification of the previous use that would require additional
parking spaces on the site.
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2. Establishing the parking rate for the proposed massage use at one space per 250
gross square feet is reasonable given that there is space for four clients, it is a
service use with similar operating characteristics as those of other service uses,
and there is a high level of pedestrian activity in the Corona del Mar village.
3. The proposed massage facility will help revitalize the project site and provide an
economic opportunity for the property owner to update the tenant space and
provide additional services to the residents and visitors in the surrounding area
without increasing the number of parking spaces required on the site.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves UP2012 -023,
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development 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 DECEMBER, 2012.
Brenda Wisneski, AICP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and
floor plans stamped and dated with the date of this approval. (Except as modified by
applicable conditions of approval.)
2. The hours of operation for the massage facility shall be 10:00 a.m. to 9:00 p.m., 7 days
per week.
3. The number of massage technicians operating at one time shall be limited to four, and
each technician shall be certified by the California Massage Therapy Council
(CAMTC). A maximum of four rooms shall be permitted to provide the massage
services.
4. Use Permit No. 2012 -023 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless
an extension is otherwise granted.
5. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
6. 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.
7. This Use Permit may be modified or revoked by the Zoning Administrator should they
determine that the proposed use 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.
8. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
9. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.67 of the Newport Beach
Municipal Code.
10. 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.
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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 the leasing agent.
12. 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 Thai Body Works including, but not limited to
Minor Use Permit No. UP2012 -023. 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
17
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Minor Use Permit No. UP2012 -023
PA2012 -136
3617 E. Coast Highway, Suite B
1-9
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Attachment No. ZA 3
Photos
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Project Plans
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ADDITIONAL
MATERIALS
RECEIVED
Items 1 and 3: Additional Materials Received
Zoning Administrator Hearing December 12, 2012
December 12, 2012 Zoning Administrator agenda comments - Jim Mosher Page 2 of 3
Item No. 3. Thai Body Works- Minor Permit
The agenda, in two places, says "Minor Permit." It evidently means "Minor Use Permit."
In the Staff Report:
Under "APPEAL PERIOD" on page 3 (handwritten page 4), the reference to filing an
appeal with the City Clerk is confusing. As indicated on page 6 of the draft resolution
(handwritten page 14) an appeal of the Zoning Administrator's decision would always be
filed with the Director of Community Development.
In the draft Resolution starting on page 9 of the staff report:
• The line in capitals under the main title says "PLANNING COMMISSION" where
"ZONING ADMINISTRATOR" is intended.
• In the legal description of Item 1 under "Section 1. Statement of Facts," the Tract number
seems to have been omitted.
• In the first sentence of Item 2 a verb is missing. Possibly "...the number of parking
spaces is required for... "( ?)
• In Item 4, the abbreviation "CC -B" appears where elsewhere in the resolution it is just
"CC ".
• Under Item 5, on the last line of the page, "Planning Commission" is used where "Zoning
Administrator" is intended.
• In Item 3 on handwritten page 11, it would seem helpful to clarify the reference to
"California Bill SB731" by specifying either the year of the legislative session, or the
California law in which it was codified. SB731 is presumably a reference to the Massage
Therapy Act passed in 2008, which added "Chapter 10.5 (commencing with Section
4600) is added to Division 2 of the Business and Professions Code ":
http: / /www.leginfo.ca..qov /cgi- bin /displavcode ?section =bpc &g roue= 04001-
05000 &file = 4600 -4620
specifically Sections 4612 and 4614, which limit the ability of cities to regulate massage
businesses employing certified therapists differently from "other professional or personal
service businesses." It might be noted that this Act appears set to self - repeal in just twc
years (per Section 4620).
• The Fact in Support of Finding C.2 on handwritten page 12 that "No designated
receptionist will be provided' seems slightly odd in view of the plans on handwritten page
28 showing that patrons enter through a reception room. Does one will ring a bell like
arriving at a motel late at night?
Items 1 and 3: Additional Materials Received
Zoning Administrator Hearing December 12, 2012
December 12, 2012 Zoning Administrator agenda comments - Jim Mosher Page 3 of 3
With regard to the Conditions of Approval starting on handwritten page 15, the
reference in Condition 9 to the "approved Comprehensive Sign Program for the project
site" is slightly surprising, since the existence of such a program was not mentioned in
the Findings. Does it have a number?
• Should the Conditions of Approval include the Building Division and Fire Department
Conditions (for example, for ingress and egress and use of the rear door ?) and Revenue
Department Conditions (and perhaps others ?) as in the previous agenda item?
• Does this approval rescind or otherwise modify any prior permits for the location?