HomeMy WebLinkAboutZA2015-019 - MINOR USE PERMIT MASSAGE ESTABLISHMENT - 1000 Bristol St RESOLUTION NO. ZA2015-019
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-009 FOR A MASSAGE ESTABLISHMENT
LOCATED AT 1000 BRISTOL STREET, SUITES 19 AND 20
(PA2015-039)
THE ZONING ADMINISTRATOR 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, with respect to property
located at 1000 Bristol Street, and legally described as Parcel 1, in the City of Newport
Beach, County of Orange, State of California, as shown on a Parcel Map filed in book 97,
pages 18 and 19 of Parcel Maps, in the office of the County Recorder of said County,
requesting approval of a minor use permit.
2. The applicant proposes to expand an existing massage establishment (Chaba Thai
Massage and Spa) located within the Plaza Newport Shopping Center. The proposed
expansion would include the adjacent 1,100-square-foot tenant space and consist of
four (4) additional massage rooms, an employee room, supply storage, and enlarged
reception area. Two (2) additional employees are proposed to be added and the
allowed hours of operation would remain unchanged.
3. The subject property is located within the Newport Place Planned Community (PC 11)
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 April 16, 2015, 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, 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 tanning salon to a massage establishment, which is a
negligible expansion of use.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.E (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 property is designated General Commercial (CG) within the Land Use Element of
the General Plan and is intended to provide for a wide variety of commercial activities
oriented primarily to serve Citywide or regional needs. The massage establishment is
consistent with this land use designation as it will serve residents, visitors, and those
working 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 subject property is located within General Commercial Site 3 of the Newport Place
Planned Community (PC-11). Pursuant to the PC-11 Development Standards, 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 a similar
nature. A massage establishment is a general commercial use similar in nature to the
allowed retail and services uses and the proposed expansion is permitted subject to
the approval of a minor use permit.
2. The proposed massage establishment 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 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.
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3. 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 containing 222 parking spaces.
5. As conditioned, the proposed use will comply with all other applicable provisions of the
Zoning Code and Municipal Code.
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 proposal is to expand an existing 1,200-square-foot massage establishment
(Suite 19) located in the Plaza Newport Shopping Center into an adjacent
1,100-square-foot tenant space (Suite 20), which was previously occupied by a
tanning salon.
2. The project site and surrounding area consist of a mixture of nonresidential uses
including eating and drinking establishments, a hair and nail salon, mail services, and
retail uses that serve residents and visitors to the City of Newport Beach. The
expanded massage establishment will continue to provide a service, consistent with
existing and permitted uses in the area.
3. The existing 222-space parking lot provides adequate parking for all uses within the
shopping center and the expanded massage establishment will not require the
provision of additional parking onsite.
4. The allowed hours of operation between 10:00 a.m. and 9:00 p.m., daily, are not
proposed to change, which should limit any potential late night/early morning land use
conflicts with nearby properties.
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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Facts in Support of Finding:
1. The shopping center property is 170,366 square feet in area, and is developed with
four (4) multi-tenant buildings and a 222-space surface parking lot. The existing
building and parking lot have functioned satisfactorily with the current configuration.
The lot fronts 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 on the property and the proposed massage establishment will not change
this.
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:
1. The massage establishment has been conditioned with hours of operation that will
minimize any potential detriment to the 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.
4. The proposal has been reviewed by the Building and Code Enforcement Divisions,
Public Works, Fire, and Police Departments, and recommended conditions of approval
have been included to limit any detriment to the City or general welfare of persons
visiting or working in the surrounding neighborhood.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit UP2015-009, 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 (14) days following the date this
Resolution was adopted unless within such time an appeal is filed with the Community
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Development Director in accordance with the provisions of Title 20 (Planning and
Zoning), of the Newport Beach Municipal Code.
3. This resolution supersedes Zoning Administrator Resolution No. ZA2012-002, which
upon vesting of the rights authorized by this Minor Use Permit, shall become null and
void.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2015.
By:
*awNisnesIC IOP, Deputy Nrector
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Conditions required by Minor Use Permit No. UP2011-033, Resolution No. ZA2012-002,
have been incorporated into the conditions herein)
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. 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.
3. Any change in operational characteristics, 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. 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.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. 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.
8. A copy of the Resolution, including conditions of approval (Exhibit "A") shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
9. 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.
10. The hours of operation are limited to between 10:00 a.m. and 9:00 p.m., daily.
11. A maximum of nine (9) employees are permitted to be on duty at any given time.
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12. 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.
13. Any technicians working as independent contractors shall obtain their own City of
Newport Beach business license.
14. The applicant shall adhere to all provisions set forth in Assembly Bill No. ABI 147 and
California Business and Professions Code Chapter 10.5 (Massage Therapy Act)
relating to operating a massage establishment.
15. The applicant is required to obtain an Operator's Permit from the Newport Beach
Police Department in compliance with Chapter 5.50 (Massage Establishments) of the
Newport Beach Municipal Code.
16. All proposed signs shall be in conformance with provisions of Chapter 20.42 (Signs) of
the Newport Beach Municipal Code.
17. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities to
between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m.
and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed
on Sundays or Holidays.
18. 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.
19. 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 twenty(20)feet of the premises.
20. 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.
21. 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.
22. This approval shall expire and become void unless exercised within twenty-four (24)
months from the actual date of review authority approval, except where an extension of
time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of
the Newport Beach Municipal Code.
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23. 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 Chaba Thai Massage and Spa including, but not
limited to, UP2015-009 (PA2015-039). 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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