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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