HomeMy WebLinkAboutZA2013-045 - Approved MUP- UP2013-011 - 1220 Bison Avenue - Ste A-6RESOLUTION NO. ZA2013 -045
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2013 -011 FOR A DAY SPA (PERSONAL SERVICES,
RESTRICTED) USE LOCATED AT 1220 BISON AVENUE, SUITE
A -6 (PA2013 -140)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Saeed Kamkar, Associate AIA on behalf of Beau Visage, Inc.,
with respect to property located at 1220 Bison Avenue, Suite A -6, and legally described
as Lot 6 of Tract Number 12309 requesting approval of a minor use permit.
2. The applicant proposes to convert a vacant 1,195- square -foot retail tenant space to a
day spa (Personal Services, Restricted) use. The applicant proposes to improve the
space with five private rooms for consultation and procedures including makeup and
skin treatments as well as general wellness and weight management.
3. The subject property is located within the North Ford Planned Community (PC -5) Zoning
District and the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 15, 2013 in the Corona del Mar Conference Room
(Bay E -1 st Floor) at 100 Civic Center Drive, Newport Beach. 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 under Class 1 (Existing Facilities). The
Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use.
2. The proposed project involves interior improvements to an existing retail tenant space
to establish a day spa which is a negligible expansion of use. Therefore, the project
qualifies for a categorical exemption under Class 1.
Zoning Administrator Resolution No. ZA2013 -045
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (F) (Findings and decision) of the Newport Beach
Municipal Code (NBMC), the following findings and facts in support of the minor 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 a wide variety of commercial activities
oriented primarily to serve citywide or regional needs. These may include professional
and medical offices, restaurant, retail, and service uses. The day spa with beauty
procedures and consultation is consistent with this land use designation.
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 Commercial, Area 3 of the North Ford Planned Community (PC-
5) Zoning District. This area of the PC -5 Zoning District is intended to allow the
location of light general commercial activities engaged in the sale of products to the
general public. The proposed personal services, restricted use is ancillary to the retail
sale of products and further provides a service to the neighboring residential areas as
well as commuters and visitors traveling along MacArthur Boulevard and SR -73
freeway.
2. Section VI.B (Commercial, Area 3 — Permitted Uses) of the PC -5 Text allows services
of a convenience nature; however, there is no definition provided for this use
classification. As such, the Zoning Code is utilized to better classify the use. Under
Section 20.70.020 (Definitions of Specialized Terms and Phrases), a day spa is
classified as a "personal services, restricted land use."
3. The day spa use is consistent with the legislative intent of Section VI (Commercial,
Area 3) of the PC -5 Text; however, it is not explicitly listed as a permitted use. The
Zoning Code indicates that the personal services, restricted land uses have the
possibility of having a blighting and /or deteriorating effect upon surrounding areas;
therefore, the location of these land uses should be dispersed from other similar uses
in order to minimize adverse impacts. Thus, a Minor Use Permit is required in all
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Zoning Administrator Resolution No. ZA2013 -045
Page 3 of 5
commercial zoning districts in which a personal services, restricted use is permissible.
Other personal services, restricted land uses include healing arts,
tanning salons, and tattoo services and body piercing studios. Nearby uses include
residential, restaurants, retail stores, personal services, a service station, and two
fitness facilities. The proposed project will not create an over abundance of personal
services, restricted land uses in the area.
4. Pursuant to Section VI.H (Commercial, Area 3 - Parking) of the PC -5 Text,
commercial uses require a parking ratio of one parking space per 250 square feet of
gross floor area and one loading space for each 10,000 square feet of gross floor
area.
5. The previous retail use of the tenant space required one parking space per 250
square feet of gross floor area. Since the change in use from retail to personal service
will not increase the parking requirement/demand, additional parking spaces will not
be 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:
The day spa will occupy an existing 1,195- square -foot tenant space within the
Newport North Shopping Center. The space will be improved with five treatment
rooms, a reception area, and retail /display areas.
2. The project is located within a commercial area of the North Ford Planned
Community Zoning District. Nearby uses include residential, personal services,
retail sales, eating and drinking establishments, and a service station. The
operational characteristics of the project are that of a typical day spa with retail
sales, and are compatible with the residential and commercial uses in the vicinity.
3. As conditioned, the allowed hours of operation are 9:00 a.m. to 9:00 p.m., daily,
thereby limiting the likelihood of late night/early morning land use conflicts with nearby
residences and businesses.
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. ZA2013 -045
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Facts in Support of Finding:
1. The Newport North Shopping Center is 4.84 acres and is developed with
approximately 47,800 square feet comprised of two in -line multi- tenant buildings,
two pad buildings, a service station, and a parking lot area. The existing building
and parking lot have functioned satisfactorily with the current configuration which
allows vehicular access from Bison Avenue and Camelback Street.
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 Findina:
1. The use will serve the surrounding commercial and residential community, as well as
visitors to the area.
2. The operation has been conditioned with limited hours of operation to minimize any
potential detriment to the area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2013 -011, 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 Community Development
Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF AUGUST, 2013.
P, Zoning Administrator
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EXHIBIT 'W'
CONDITIONS OF APPROVAL
1. The development of the day spa shall be in substantial conformance with the approved
site plan and floor plan.
2. A copy of the approved resolution shall be incorporated into the Building Division and
field sets of plans prior to issuance of the building permits, if permits are deemed
necessary.
3. Any change in operational characteristics, hours of operation, expansion in area, or other
modification to the approved plans, may require an amendment to this minor use permit
or the processing of a new use permit.
4. The hours of operation shall be limited to between 9:00 a.m. to 9:00 p.m., daily.
5. The maximum number of employees working onsite at any given time shall be no more
than four.
6. Massage services are not allowed unless an amendment to this use permit is first
approved.
7. The applicant is required to obtain all applicable permits from the City Building
Division. Construction plans must comply with the most recent, City- adopted version of
the California Building Code, and must comply with all applicable State Disabilities
Access requirements.
8. The Zoning Administrator may add to or modify conditions of approval to this Minor Use
Permit, or revoke this permit upon a determination that the operation that is the subject of
this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort,
or general welfare of the community.
9. This approval shall expire unless exercised within 24 months from the end of the appeal
period, in accordance with Section 20.54.060 of the Newport Beach Municipal Code.
10. 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 Spade Day Spa Minor Use Permit including, but not
limited to, Minor Use Permit No. UP 2013 -011 (PA2013 -140). 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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