HomeMy WebLinkAboutZA2016-038 - SUITE 150 - MUP FOR MASSAGE - 20311 Birch St RESOLUTION NO. ZA2016-038
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-014 FOR MASSAGE SERVICES IN CONJUNCTION
WITH AN EXISTING CHIROPRACTIC OFFICE LOCATED AT
20311 BIRCH STREET SUITE 150 (PA2016-060)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Back to Basics Health and Wellness, with respect to property
located at 20311 Birch Street, Suite 150, and legally described as Parcel 1 of Parcel Map
89-341, as recorded in Book 268, Page 37, requesting approval of a minor use permit.
2. The applicant proposes a minor use permit to allow the operation of massage services
as an accessory use to an existing chiropractic office in a 3,068 square-foot suite on
the first floor of an existing multi-tenant commercial building. The tenant space is
improved with three chiropractic rooms, two massage rooms, an exam room, an
acupuncture room, a nutrition room, an office, a kitchenette, restrooms, and a
reception area. Use Permit UP2012-019 was approved in 2012 allowing 14,150
square feet at the subject property, including the subject suite, to be allocated for
medical use. The application also includes a request to waive location restrictions
associated with massage establishments.
3. The subject property is located in the Business Park area of the Santa Ana Heights
Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is
General Commercial Office (CO-G).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on June 30, 2016, 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)of the Guidelines for CEQA.
2. The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the allowance of
Zoning Administrator Resolution No. ZA2016-038
Page 2 of 9
massage services and does not result in an intensification of use, parking, or
expansion in floor area.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits —
Findings and Decision) 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 Office (CO-G) in the Land Use
Element of the General Plan. This designation is intended to provide for administrative,
professional, and medical offices with limited accessory retail and service uses.
2. The proposed massage service is accessory to the existing chiropractic office and is
therefore consistent with the CO-G land use designation.
3. The site is located in the Santa Ana Heights Specific Plan District within the Business
Park area (SP-7, BP). Service uses are allowed within this area with approval of a
minor use permit.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. Service uses are allowed within the Business Park area of the Santa Ana Heights
Specific Plan District (SP-7, BP) with approval of a minor use permit.
2. In 2012, Use Permit UP2012-019 was approved to allow 14,150-gross-square-feet of
medical office uses within the 45,750-net-square-foot office condominium complex.
The proposed minor use permit would allow accessory massage services in
conjunction with an existing chiropractic office located within a suite approved for
medical office uses.
3. The proposed massage use is consistent with the legislative intent of Section
20.48.120 (Massage Establishments and Services) and Chapter 5.50 (Massage
Establishments) of the Municipal Code. These sections provide standards for the
establishment, location, and operation of massage establishments. The intent is to
promote the operation of legitimate massage services and to prevent problems of
03-03-2015
Zoning Administrator Resolution No. ZA2016-038
Page 3 of 9
blight and deterioration that may accompany and result from large numbers of
massage establishments.
4. The massage establishment is not located within 500 feet of a public or private school,
park, playground, civic center, cultural site, or religious institution.
5. Pursuant to the Zoning Code, the City may establish the parking requirement for a
massage use through the use permit process. The proposed massage use is
accessory and integrated into the existing chiropractic office and does not intensify the
use. Therefore, it is sufficiently parked at the medical office parking rate approved for
the suite with Use Permit UP2012-019 (PA2012-112).
6. 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 applicant proposes massage services as an accessory use to an existing
chiropractic office on the first floor of multi-tenant commercial building within an office
complex.
2. Existing uses in the building include general offices and medical offices. Adjacent land
uses include similar nonresidential uses. The proposed massage services will provide
a service that is complementary to the existing permitted chiropractic office.
3. The nearest residential uses are located across Birch Street. These properties are
also located within the Business Park area of the Santa Ana Heights Specific Plan.
Massage services as an accessory use to an existing chiropractic office will not
intensify or have any negative impacts on the nearby residential uses.
4. The proposed operation will consist of two massage rooms, accessory and integrated
into a chiropractic office. A maximum of six employees will be on-site at one time.
5. As conditioned, the hours of operation are 8:00 a.m. to 9:00 p.m. daily and should
minimize any potential late night/early morning land use conflicts with nearby
properties, including residential uses across Birch Street.
6. The proposed massage use will not result in an intensification of use because it is
accessory to the existing chiropractic office. Therefore, no additional parking is
required.
Finding:
03-03-2015
Zoning Administrator Resolution No. ZA2016-038
Page 4 of 9
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 property is an office complex consisting of five two-story buildings constructed in a
U-shape around an open area facing Birch Street. The floors of the buildings (10) are
individually owned office-condominiums. Each floor consists of approximately 4,575
net square feet of floor area (total 45,750 net square feet). Pursuant to Use Permit
UP2012-019 (PA2012-112), 14,150 square feet is permitted to operate as a medical
office use.
2. Parking is provided within shared parking areas below each building and within the
open area of the site facing Birch Street.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property.
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 establishment has been conditioned with hours of operation that will minimize any
potential detriment to the area, including the residential uses across Birch Street.
2. The existing multi-tenant building is not located in an area with problems of blight and
deterioration.
3. The Building and Code Enforcement Divisions and the Fire and Police Departments
have reviewed the proposal. Recommended conditions of approval have been
included to limit any detriment to the City or general welfare of person's residing or
working in the surrounding neighborhood.
In accordance with Section 20.48.120.6 (Massage Establishments and Services — Waiver of
Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts
in support of the findings are set forth:
Finding:
F. The proposed use will not be contrary to public interest or injurious to nearby
properties, and that the spirit and intent of this section will be observed.
03-03-2015
Zoning Administrator Resolution No. ZA2016-038
Page 5 of 9
Facts in Support of Finding:
1. The intent of this section is to promote the operation of legitimate massage services
and to prevent problems of blight and deterioration that can accompany large numbers
of massage establishments that may act as fronts for prostitution and other illegal
activity.
2. Although the subject property is located within 500 feet of another property approved
to offer massage services (20301 Acacia Street, Suite 250 — chiropractic and wellness
center), both establishments offer massage as a an accessory and integrated use.
3. Massage is a common accessory use to a chiropractic office and is included in the
Scope of Chiropractic Practice in Article 1, Section 302 of the State of California Board
of Chiropractic Examiners Rules and Regulations.
4. The business at 20301 Acacia Street operates pursuant to Use Permit No. UP2015-
028, which operates as a health and wellness center with ancillary massage services.
The two massage services will not be contrary to public interest. Both require an
Operator Permits from the Newport Beach Police Department and must comply with
conditions of approval.
Finding:
G. The proposed use will not enlarge or encourage the development of an urban blight
area.
Facts in Support of Finding:
1. The chiropractic office is located in a well maintained office complex. The property is
not located in a blighted area.
Finding:
H. The proposed use will not adversely affect a religious institution, school, park, or
playground.
Facts in Support of Finding:
1. There are not religious institutions, schools, parks, or playgrounds within 500 feet of
the subject property, therefore the proposed use will not have any adverse effects on
these uses.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
03-03-2015
Zoning Administrator Resolution No. ZA2016-038
Page 6 of 9
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-014, 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 30th DAY OF JUNE, 2016.
BY:
h
red Wisneski; AI P, Zoning Administrator
03-03-2015
Zoning Administrator Resolution No. ZA2016-038
Page 7 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
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 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.
3. The 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.
4. Any change in operational characteristics, 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 permit.
5. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. daily.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. 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.
8. A maximum of six employees for the medical office and accessory massage use
combined shall be onsite at any one time.
9. A maximum of two rooms shall be used for massage therapy.
10. An independent massage business is not permitted unless an amendment to this Minor
Use Permit or a new Use Permit is first approved.
11. Any therapists/technicians working as independent contractors shall obtain their own City
of Newport Beach business license.
12. A valid business license from the City of Newport Beach with sellers permit shall be
required. 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.
03-03-2015
Zoning Administrator Resolution No. ZA2016-038
Page 8 of 9
13. The applicant shall adhere to all provisions set forth in AB1147 and Business and
Professions Code Chapter 10.5 (Massage Therapy Act), relating to operating a massage
establishment.
14. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department, including any existing improvements that were constructed without
the benefit of building permits. 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.
15. 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 property owner or the leasing agent.
16. 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.
17. 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 Back to Basics Minor Use Permit including, but not
limited to, Minor Use Permit No. UP2016-014 (PA2016-060). 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.
Police Department
18. The operator must apply for, obtain, and maintain an Operator Permit in good standing
with the Newport Beach Police Department.
19. All employees of the applicant business who conduct massage on or off premises
must be certified by the CAMTC.
Code Enforcement Division
20. A current list of employee names and state certifications shall be posted near the entry
onsite. The list shall be available upon request by City officials for inspection.
03-03-2015
Zoning Administrator Resolution No. ZA2016-038
Page 9 of 9
21. All windows shall remain visible and transparent in nature. Window signage shall
comply with Newport Beach Municipal Code.
22. The facility shall be maintained in a safe and sanitary condition.
23. No deliveries or supporting services shall occur outside the hours of 8:00 a.m. to 9:00
p.m. daily.
24. Violations of the Penal Code may invoke revocation of this permit.
03-03-2015