HomeMy WebLinkAboutZA2016-041- SUITE 3: MINOR USE PERMIT FOR ACCESSORY MASSAGE - 404 Westminster RESOLUTION NO. ZA2016-041
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-026 FOR ACCESSORY MASSAGE LOCATED AT
404 WESTMINSTER AVENUE, SUITE 3 (PA2016-097)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sarah Renner, with respect to property located at 404
Westminster Avenue, Suite 3, and legally described as Lots 17, 18, 19, and 20 of Tract
1136 requesting approval of a minor use permit.
2. The applicant proposes to add massage services (accessory massage) to an existing
590-square-foot hair salon. The massage services will be provided as an additional
amenity and be limited to a 119-square-foot room in the tenant space. A maximum of
one massage technician will be permitted on-site at a time.
3. The subject property is located in the Office General (OG) Zoning District and the
General Plan Land Use Element category is General Commercial Office (CO-G).
4. The subject property is not located in the coastal zone.
5. A public hearing was held on July 28, 2016, 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 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 addition of
massage services at an existing hair salon, and does not result in an intensification of
use, parking, or expansion in floor area.
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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 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 existing hair salon is a service use intended to serve nearby residents, the
surrounding community, and visitors to the City of Newport Beach. The addition of
massage services will not change this. Therefore, the use is consistent with the CO-G
land use designation.
3. 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.
inding:1. The subject property is located in the Office General (OG) Zoning District, which is
intended to provide for administrative, professional, and medical offices with limited
accessory retail and service uses.
2. Pursuant to Table 2-4 of Zoning Code Chapter 20.20.020 (Commercial Zoning
Districts Land Uses and Permit Requirements) accessory massage is a service use
that may be permitted in the OG Zoning District subject to the approval of a minor use
permit. Personal service, general uses, which include hair salons, are permitted by
right.
3. The proposed establishment with accessory massage 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 services and establishments
operated as an independent use. The intent is to promote the operation of legitimate
massage services and to prevent problems of blight and deterioration that may
accompany and result from large numbers of massage establishments.
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Zoning Administrator Resolution No. ZA2016-041
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4. The massage services will not be located within 500 feet of a public or private school,
park or playground, civic center, cultural site, or religious institution. The applicant
requests a waiver of location restrictions pursuant to Zoning Code Section 20.48.120.
A massage therapist currently operates on-site in a separate tenant space and an
independent massage establishment is located approximately 400 feet from the
subject property.
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 applicant proposes to add massage services (accessory massage) to an existing
590-square-foot hair salon (personal services, general). The massage services will be
provided as an additional amenity and be limited to a 119-square-foot room in the tenant
space.
2. Existing uses in the building include office, medical office, and similar personal service
uses. Nearby land uses include similar nonresidential uses. The proposed massage
establishment will provide a service consistent with existing and permitted uses in the
area.
3. Residential uses are located to the rear of the property across the alley. Hours of
operation between 9 a.m. and 9 p.m., daily should limit any compatibility concerns and
any potential late night/early morning land use conflicts with nearby properties.
4. The proposed operation will consist of one therapy room and three rooms for hair
services. A maximum of one massage therapist will be on-site at a time.
5. The existing parking spaces to the rear provide parking for patrons and employees of
the multi-tenant buildings. The proposed accessory massage will not result in an
intensification of use and will not require the provision of additional parking.
Finding-
D.
indin :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 property is located at the intersection of Westminster Avenue and Beacon Street
and contains three detached one-story buildings with multiple tenants. The site is
accessible from multiple points of entry including Old Newport Boulevard, Hospital
Road, and the alley at the rear. Parking at the rear and on-street has functioned
satisfactorily under the current configuration and is conveniently located for patrons
and employees.
2. The site has supported the three single-story buildings with nonresidential uses since
1956. It is not anticipated that the change in use will alter the site's ability to provide
basic services.
3. 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, 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.
2. The existing multi-tenant building is not located in an area with problems of blight and
deterioration.
3. The proposed massage services will provide an additional economic opportunity for
the lessee of the tenant space. Additionally, the establishment will provide an
additional service to those working, residing, or visiting the City of Newport Beach.
4. The Building and Code Enforcement Divisions, Public Works, 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 persons visiting or
working in the surrounding neighborhood.
In accordance with Section 20.48.120.13 (Massage Establishments and Services — Waiver of
Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts
in support of the findings for a Minor Use Permit are set forth:
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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 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. The proposed massage services are located within 500 feet of other establishments
offering massage services (404 Westminster Avenue, Suite 5 — Body Haven, 333 Old
Newport Boulevard — Araiya Thai Massage). However, this location is in a different
development and sufficiently separated from the independent massage establishment
at 333 Old Newport Boulevard.
3. The business at 404 Westminster Avenue, Suite 5, operates pursuant to Use Permit
No. UP2005-025 and is limited to one room for massage. This existing massage
service along with the proposed massage services in Suite 3 will not be contrary to
public interest. Both operations are limited in the number of massage therapists at one
time, require an Operator's Permit from the Newport Beach Police Department, and
must comply with conditions of approval, limiting concerns regarding blight.
Finding:
G. The proposed use will not enlarge or encourage the development of an urban blight
area.
Facts in Supporting of Finding-
1.
inding:1. The proposed use is located in a single tenant space in a managed, multi-tenant
commercial building. The property fronts a well-traveled street that is developed with a
mixture of retail and service uses that serve the surrounding neighborhood and
resident of the City. It 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 Supporting of Finding-
1.
inding:1. The proposed use is located adjacent to nonresidential uses. There are no public or
private schools, parks, playgrounds, or religious institutions within 500 feet of the
subject property.
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2. Conditions of approval limiting hours of operation and number of massage therapists
at one time will ensure the use does not constitute a hazard to public convenience.
These restrictions will prevent potential late night/early morning land use conflicts and
limit the number of patrons visiting the site at one time.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-026, 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 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review 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 28TH DAY OF JULY, 2016.
By:
-94
Patrick J. Alford, Zoning Administrator
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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 project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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.
4. 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.
5. Any change in operational characteristics, expansion in area, increase in the number
of massage therapy rooms, or other modification to the approved plans, shall require
an amendment to this Minor Use Permit or the processing of a new use permit.
6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of any plans prior to issuance of
the building permits.
7. A maximum of one massage therapist shall be on-site at any one time.
8. A maximum of one room shall be used for massage therapy.
9. The hours of operation shall be limited between 9 a.m. and 9 p.m., daily.
10. 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.
11. Any therapists/technicians working as independent contractors shall obtain their own
City of Newport Beach business license.
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12. 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.
13. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. 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.
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. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise 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.
16. This approval shall expire and become void unless exercised within 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 LA Styles Salon including, but not limited to, Minor Use
Permit No. UP2016-026 (PA2016-097). 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.
Code Enforcement Division
18. The applicant shall provide the contact information for the owner, operator, or responsible
manager of the massage establishment. Any changes to the contact information shall be
submitted to the Planning Division as part of the official record.
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19. A list of employee names, contact information, and state certifications shall be posted,
kept on-site at all times and available upon request by City officials.
20. All windows shall remain visible and transparent in nature. Window signage shall comply
with the Newport Beach Municipal Code.
21. Facility shall be maintained in a safe and sanitary condition.
22. No alcohol shall be served or offered on-site.
23. Violations of the Penal Code may invoke revocation of this Minor Use Permit.
Police Department
24. 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 and submit to an inspection of the premise.
25. All employees of the business who conduct massage on or off the premise must be
certified by the California Massage Therapy Council (CAMTC).
26. Strict adherence to Newport Beach Municipal Code 5.50 must be upheld.
27. As required by Newport Beach Municipal Code Section 5.50.030 the business must
maintain requirements of operation, and submit to inspection by office of the police
department.
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