HomeMy WebLinkAbout04 - Forever Young Medical Spa - PA2015-062 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
c`�LfFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 28, 2015
Agenda Item No. 4
SUBJECT: Forever Young Medical Spa - (PA2015-062)
2300 SE Bristol Street, #B
• Minor Use Permit No. UP2015-017
APPLICANT: Forever Young Day Spa
OWNER: Tom Norris
PLANNER: Melinda Whelan, Assistant Planner
(949) 644-3221, mwhelan@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: SP-7 General Commercial (Santa Ana Heights Specific Plan)
• General Plan: CG (General Commercial)
PROJECT SUMMARY
A request for a minor use permit to allow the operation of a day spa (Personal Services,
Restricted) within an existing commercial building. The spa will offer various spa
services including ancillary massage. The tenant space is 1,100 square feet and
includes a waiting room, reception area, office, treatment rooms and a restroom.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2015-017 (Attachment No. ZA 1).
DISCUSSION
• The applicant proposes a day spa within a 1,100-square-foot tenant space in a
single-story commercial building and meets the location restrictions contained in
Section 20.48.120 (Massage Establishments and Services) of the Zoning Code.
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Forever Young Day Spa
Zoning Administrator, May 28, 2015
Page 2
Adjacent land uses include residential uses to the south and east, the 73
Freeway to the north, and commercial property to the west. The subject
commercial building includes a hair salon, cleaners, tailor, and two eating and
drinking establishments. Tutor Time preschool is on the other side of the 73
Freeway, along Bristol Street North, 500 feet away. The nearest establishment
offering massage services is located on Birch Street over 1,500 feet away.
• The existing commercial space was previously occupied by a similar use offering
facials only. Since this use was existing, the applicant was not aware of the
requirement for a minor use permit for their use and has already moved into the
space and is open for business. The space needed no tenant improvements.
• The proposed operation will consist of four treatment rooms offering a
combination of facials, airbrush tanning, eyelash extensions, body wraps,
chemical peels, microdermabrasion, an infrared sauna, waxing, ancillary
massage service, and ancillary medical spa services of laser hair removal and
Botox. The day spa would operate between the hours of 10 a.m. and 7 p.m.,
Monday through Friday, and 9 a.m. to 5 p.m., Saturday. Staff recommends
allowing the establishment to operate between 8:00 a.m. and 9:00 p.m., daily, to
allow for flexibility in operation.
• The subject property is located in the Santa Ana Heights Specific Plan Zoning
District with a Specific Plan Land Use of General Commercial and designated
General Commercial (CG) within the Land Use Element of the General Plan.
These categories are intended to provide for commercial uses to offer a wide
range of goods and services to both the surrounding residential and business
communities. Pursuant to Zoning Code Chapter 20.70 (Definitions), a day spa is
classified as a Personal Services, Restricted land use which may be permitted
within the SP-7 GC Zoning District subject to the approval of a minor use permit.
• The existing commercial lot was annexed from the County in 2003 and is non-
conforming due to parking. Zoning Code Section 20.38.060.B. allows a new use
to establish without providing additional parking, provided no intensification or
enlargement occurs and the new use requires a parking rate of no more than one
space per 250 square feet. The Zoning Code requirement for a Personal
Services, Restricted use is the same standard required of a general commercial
use (1 space per 250 square feet). Therefore, the proposed use of a day spa
does not result in an intensification of use and no additional parking is required.
• Staff believes the project is compatible with existing and allowed uses within the
office building and surrounding area, and that findings for approval can be made.
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Forever Young Day Spa
Zoning Administrator, May 28, 2015
Page 3
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). This exemption
authorizes minor alterations to existing structures involving negligible or no expansion of
use. The proposed project involves the conversion of one commercial use to another
within an existing tenant space and does not involve any alterations to the existing floor
plan.
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 before the scheduled hearing, 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 within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
Al�101�
Melinda Whelan
Assistant Planner
GRlmsw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2015-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-017 FOR A DAY SPA (PERSONAL SERVICES,
RESTRICTED) LOCATED AT 2300 BRISTOL STREET, SUITE B
(PA2015-062)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Teresa Woodard, with respect to property located at 2300
Bristol Street, and legally described as Parcel 2, in the City of Newport Beach, County of
Orange, State of California, as shown on a map filed in Book 62, Page 2 of Parcel Maps,
in the office of the county recorder of said County requesting approval of a minor use
permit.
2. The applicant proposes a minor use permit to allow the operation of a day spa (Personal
Services, Restricted) within an existing commercial building. The spa will offer various
spa services including ancillary massage. The tenant space is 1,100 square feet and
includes a waiting room, reception area, office, treatment rooms and a restroom.
3. The subject property is located within the Santa Ana Heights Specific Plan (SP-7) Zoning
District and the General Plan Land Use Element category is General Commercial (GC).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on May 28, 2015 in the Corona del Mar Conference Room
(Bay E-1st 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 pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. This Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the conversion of a
vacant office space to a day spa and does not involve any alterations to the existing
floor plan.
Zoning Administrator Resolution No. ZA2015-0##
Page 2 of 7
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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 property is designated General Commercial (CG) within the Land Use Element of
the General Plan which is intended to provide for a wide variety of commercial
activities oriented primarily to serve citywide or regional needs.
2. The proposed day spa is consistent with the CG designation as it will provide services
that support the surrounding neighborhood as well as visitors to the area.
3. The property is located in the Santa Ana Heights Specific Plan, specifically in the
General Commercial area, which allows personal service uses such as the day spa
use.
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 property is located within the Santa Ana Heights Specific Plan (SP-7) and is
located within the SP-7 General Commercial (GC) District which provides regulations
for the commercial areas along Bristol Street and is intended to ensure the
continuation of commercial uses that offer a wide range of goods and services to the
surrounding residential and business communities.
2. The principal use of the tenant space will be for a day spa offering facials, airbrush
tanning, eyelash extensions, body wraps, chemical peels, microdermabras ion, an
infrared sauna and waxing services with ancillary massage and ancillary medical day
spa services of laser hair removal and Botox. Pursuant to Zoning Code Chapter 20.70
(Definitions), a day spa is classified as a Personal Services, Restricted land use which
may be permitted within the SP-7 GC Zoning District subject to the approval of a minor
use permit.
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Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 7
3. A medical use is not permitted within the SP-7 GC Zoning District; however, the
medical services are only day spa related (laser hair removal and Botox) and are
ancillary to the day spa use.
4. The parking requirement for a Personal Services, Restricted use is the same standard
required of a general commercial/retail use (1 space per 250 square feet). Therefore,
the proposed conversion of the commercial space into a day spa does not result in an
intensification of use and no additional parking is required.
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 proposed day spa will occupy a 1,100-square-foot tenant space in an existing
one-story commercial building. The operation will consist of four (4) treatment rooms, a
lobby, reception, an office, laundry room and restroom, all of which are included in the
existing commercial space.
2. The project site and surrounding area consist of a mixture of general commercial uses
including personal services general, retail, and eating and drinking establishments
which serve residents in and visitors to the City of Newport Beach. The proposed day
spa will provide a service that supports residents and visitors, consistent with existing
and permitted uses in the area.
3. The proposed day spa will not require additional parking on-site.
4. As conditioned, the allowed hours of operation are 8:00 a.m. to 9:00 p.m., daily,
limiting any potential late night/early morning land use conflicts with nearby land uses.
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 existing one-story commercial building and surface parking lot were constructed
around 1975 and have since demonstrated that the current configuration with access
taken from Bristol Street is physically suitable to accommodate the multiple
commercial uses.
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Zoning Administrator Resolution No. ZA2015-0##
Page 4of7
2. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property and the proposed day spa 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, 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. The use is intended to serve residents and visitors to the City of Newport Beach.
2. The day spa has been conditioned with hours of operation that will minimize any
potential detriment to the area.
3. 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.
In accordance with Section 20.48.120.8 (Massage Establishments and Services — Waiver of
Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts
in support of such findings for a Minor Use Permit are set forth:
Finding:
F. The proposed use will not be contrary to the public interest or injurious to nearby
properties, and that the spirit and intent of this section will be observed.
Facts in Supporting of Finding:
1. The intent of the section is to promote the 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.
2. The proposed day spa with ancillary massage services is not located within 500 feet of
another establishment offering massage. Permit records indicate that the closest
massage establishment is more than 1,500 feet away on Birch Street.
3. A condition of approval is included to ensure the applicant will obtain an Operator's
License from the Newport Beach Police Department in compliance with Chapter 5.50
(Massage Establishments) of the Newport Beach Municipal Code prior to continuation
of the business.
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Findinq:
G. The proposed use will not enlarge or encourage the development of an urban blight
area.
Facts in Supporting of Finding:
1. The proposed use is located in a single tenant space within a managed, multi-tenant
commercial building which will prevent problems and discourage the development of
blight. The subject property is not located within a blighted area, is well maintained,
and is intended to provide a service that supports the surrounding residents and
visitors to Newport Beach.
Finding:
H. The proposed use will not adversely affect a religious institution, school, park, or
playground.
Facts in Supporting of Finding:
1. The proposed use is located adjacent to nonresidential and residential uses. There are
no public or private schools, parks, playgrounds, or religious institutions within 500 feet
of the subject property.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-017, 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
Development Director in accordance with the provisions of Title 20 (Planning and
Zoning), of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 28`h DAY OF MAY, 2015.
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2015-0##
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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 hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m., daily.
3. 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 prior to the continuation of their business.
4. All employees of the business performing massage must be certified by the California
Massage Therapy Council (CMTC).
5. The applicant is required to obtain a valid business license from the City's Revenue
Division prior to the start of business.
6. The operation of an independent massage business is not permitted unless an
amendment to this Minor Use Permit or a new Use Permit is first approved.
7. Only medical day spa related uses as ancillary to the day spa are permitted such as
the laser hair removal and the Botox. Expansion of the medical day spa uses beyond
ancillary or the addition of any medical uses are not permitted as medical is not a
permitted use within the SP-7 GC Zoning District.
8. All proposed signs shall be in conformance with provisions of Chapter 20.42 (Signs) of
the Newport Beach Municipal Code.
9. 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 Minor
Use Permit.
10. 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.
11. 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 Use Permit.
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Zoning Administrator Resolution No. ZA2015-0##
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12. 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.
13. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department.
14. 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.
15. Trash receptacles for patrons shall be conveniently located both inside and outside the
establishment, however, not located on or within any public property or right-of-way.
16. 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 20 feet of the premises.
17. Storage outside the building, in the front or at the rear of the property, shall be
prohibited, with the exception of the required trash container enclosure.
18. 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.
19. 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.
20. 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 Forever Young Day Spa including, but not limited
to, UP2015-017 (PA2015-062). 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
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VICINITY MAP
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Minor Use Permit No. UP2015-017
PA2015-062
2300 Bristol Street, #B
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Attachment No. ZA 3
Project Plans
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PA2015-062 Attachment No. ZA 3 - Project Plans
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PA2015-062 Attachment No. ZA 3 - Project Plans
FOREVER YOUNG 2300 Bristol 92
Newport
Ca t Beach, Ca 92660
(949) .553-0591
'Day spa
This is the existing floor plan. We are not proposing any changes.
Use for each room as follows:
Room 1 : Massage
Room 2: Facial/ body treatments
Room 3: Airbrush tanning
Room 4: Infrared sauna
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