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HomeMy WebLinkAbout03_ Newport Beach Wellness Massage Minor Use Permit_PA2017-008 @� COMMUNITY DEVELOPMENT DEPARTMENT U )+6PLANNING DIVISION 100 Civic Center Drive,P.O. Box 1768,Newport Beach, CA 92658-8915 ogLrFoa�a�P, 949-644-3200 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT May 25, 2017 Agenda Item No. 3 SUBJECT: Newport Beach Wellness Massage Services (PA2017-008) SITE LOCATION: 1501 Westcliff Drive Minor Use Permit No. UP2017-002 APPLICANT: Newport Beach Wellness OWNER: Dr. Corinne Ethel Dadivas PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: MU-DW (Mixed-Use Dover/Westcliff) • General Plan: MU-H1 (Mixed Use Horizontal) PROJECT SUMMARY The applicant proposes to maintain existing accessory massage services at a chiropractic office. The chiropractic doctors include massage services as a part of their medical treatment for patients on an as needed basis. The chiropractic office (Offices — Medical and Dental) are permitted by right in the MU- DW Zoning District. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities)of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2017-002 (Attachment No. ZA 1). 1 Newport Beach Wellness Massage Minor Use Permit Zoning Administrator, May 25, 2017 Page 2 DISCUSSION • The applicant proposes to maintain existing massage services (accessory massage) provided in an existing 1,200-square-foot chiropractic office (medical use). The existing chiropractic office has been in practice since 2013 and occupies a tenant space in a multi-story multi-tenant commercial office building. Surrounding uses include a mix of office and retail uses. The subject building is on the corner of Westcliff Drive and Dover Drive with a large shared parking lot located towards the rear of the property. Residential apartments are located across Seagull Lane. • The chiropractic office operates with two doctors and an office manager. The space consists of three offices, two treatment rooms, a physical therapy room, a massage room, a kitchen and a waiting area. Massage is provided on an as needed basis as a part of the chiropractic treatment along with acupuncture, pilates, and physical therapy. The massage could be provided in two of rooms within the existing office if needed so the maximum massage therapists on-site at one time is two. The hours of operation for the chiropractic office is Monday through Wednesday, 12 p.m. to 7 p.m.; Friday and Saturday, 9 a.m. to 1 p.m.; and closed Thursday and Sunday. Staff recommends allowing hours of operation between 8 a.m. and 9 p.m., daily to allow flexibility in operation. • The subject property is located in the Mixed-Use — Dover/Westcliff (MU-DW) Zoning District and is designated Mixed-Use Horizontal (MU-H1) in the Land Use Element of the General Plan. The intent of these designations is to provide for professional office or retail uses, or as horizontal or vertical mixed-use projects that integrate multi-unit residential dwelling units with retail and/or office uses. • Pursuant to Table 2-8 of Zoning Code Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements), accessory massage is a service use that may be permitted in the MU-DW Zoning District subject to the approval of a minor use permit. Offices — Medical and Dental are permitted by right. The chiropractic office with its treatment services including massage provides medical services to the surrounding neighborhood, Newport Beach residents and neighboring communities. • Although, the proposed massage services are located within 500 feet of four other establishments offering massage, the chiropractic office operates similar to other medical offices and is located in a separate development, sufficiently separated from the other massage locations. The chiropractic office does not operate exclusively as a massage establishment. The massage service is provided to the chiropractic patients on an as needed basis is a part of the medical treatment. TmpIC.01/17/17 2 Newport Beach Wellness Massage Minor Use Permit Zoning Administrator, May 25, 2017 Page 3 • Bob Henry Park is approximately 300 feet southeast of the use across Dover Drive. However, the massage service as a part of the chiropractic treatment of patients under the doctor's care and does not have the potential to create a negative impact on the park patrons. • The massage service does not change the principal use of the tenant space, as a chiropractic office. The massage service is provided on an as needed basis in conjunction with the chiropractic medical treatment. • Parking for the medical office use is provided within the existing shared parking lot at one space per 200 square feet of gross floor area (seven spaces). Therefore, the proposal does not result in a change in the parking requirement and no additional parking is required. • 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 Municipal Code. The Police Department has reviewed the application and has no objections to the accessory massage use at this location and the Massage Operator Permit is pending approval upon approval of the minor use permit (Attachment No. ZA 2 Police Department Memo). • Staff believes the project is compatible with existing and allowed uses in the building and surrounding area, and that findings for approval can be made. Limits on the number of massage therapists, hours of operation, and the requirement for an Operator's Permit will promote the operation of legitimate massage services. Therefore, staff believes the waiver of location restrictions is appropriate in this case. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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. TmpIC.01/17/17 3 Newport Beach Wellness Massage Minor Use Permit Zoning Administrator, May 25, 2017 Page 4 APPEAL PERIOD: An appeal or call for review 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: Melinda Whelan Assistant Planner GBR/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Plans Tmpl[:01/17/17 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2017-002 TO ALLOW ACCESSORY MASSAGE SERVICES FOR A CHIROPRACTIC OFFICE LOCATED AT 1501 WESTCLIFF DRIVE (PA2017-008) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dr. Corinne Ethel Dadivas, with respect to property located at 1501 Westcliff Drive, and legally described as Parcel 1 in Resubdivision 0195 in the City of Newport Beach, County of Orange requesting approval of a minor use permit. 2. The applicant proposes to maintain existing accessory massage services at a chiropractic office. The chiropractic doctors include the massage services as a part of their medical treatment for patients on an as needed basis. 3. The subject property is located within the Mixed-Use Dover/Westcliff (MU-DW) Zoning District and the General Plan Land Use Element category is Mixed-Use Horizontal (MU- Hl). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on May 25, 2017, 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities)of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 massage services and does not result in an intensification of use, parking, or expansion in floor area. Zoning Administrator Resolution No. ZA2017-### Page 2 of 9 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (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: Findinq: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Findinq: 1. The property is designated MU-H1 in the Land Use Element of the General Plan. This designation is intended to provide for professional office or retail uses, or as horizontal or vertical mixed-use projects that integrate multi-unit residential dwelling units with retail and/or office uses. 2. The existing chiropractic office with accessory massage is consistent with the MU- H1 designation, as it will provide medical services to the surrounding neighborhood, Newport Beach residents and neighboring communities. 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 the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The subject property is located in the MU-DW Zoning District, which is intended to provide for professional office or retail uses, or as horizontal or vertical mixed-use projects that integrate multi-unit residential dwelling units with retail and/or office uses. 2. Pursuant to Table 2-8 of Zoning Code Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements), accessory massage is a service use that may be permitted in the MU-DW Zoning District subject to the approval of a minor use permit. Offices — medical and dental are permitted by right. The chiropractic office with its treatment services including massage provides medical services to the surrounding neighborhood, Newport Beach residents and neighboring communities. 3. Pursuant to Table 3-10 of 20.40.040 (Off-Street Parking Spaces Required), a massage establishment has a parking rate of one space for every 200 square feet of gross floor area. This parking rate is also the parking rate for medical office. One space for every 200 square feet of gross floor area (1,276 square feet) or seven spaces are provided for the existing chiropractic office within the existing shared 04-27-17 Zoning Administrator Resolution No. ZA2017-### Page 3 of 9 parking lot (161 total parking spaces) for the subject office building and the adjacent bank building. 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 chiropractic office operates with two doctors and an office manager. The space consists of three offices, two treatment rooms, a physical therapy room, a massage room, a kitchen and a waiting area. Massage is provided on an as needed basis as a part of the chiropractic treatment along with acupuncture, pilates, and physical therapy. The massage could be provided in two of the rooms within the existing office with a maximum two massage therapists on-site on an as needed basis. 2. The hours of operation for the chiropractic office is Monday through Wednesday, 12 p.m. to 7 p.m.; Friday and Saturday, 9 a.m. to 1 p.m.; and closed Thursday and Sunday. Staff recommends allowing hours of operation between 8 a.m. and 9 p.m., daily to allow flexibility in operation. These hours of operation are compatible with the allowed uses in the vicinity, as there will not be any late hours which would contribute to noise in the area. 3. The project site and surrounding area consist of a mixture of professional and medical offices, as well as retail and service uses which serve residents and visitors. The existing chiropractic office has been in operation since 2013 and has proven to be compatible with the existing uses in the area. 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 subject property is located on the northeasterly commercial block of Westcliff Drive and on the corner of Dover Drive. The property contains one multi-story, multi- tenant building and shares a parking lot with the abutting property to west, which also contains one multi-story, multi-tenant building. The site is accessible from Westliff Drive and Dover Drive. The parking lot provides a surplus of parking and is conveniently located for patrons and employees. 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. 04-27-17 g Zoning Administrator Resolution No. ZA2017-### Page 4 of 9 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 chiropractic office with massage as an accessory use as treatment for the chiropractic patients is not provided outside of the normal operating hours of the chiropractic office which minimizes any potential detriment to the area. 2. The accessory massage is part of typical chiropractic practices and is necessary as part of the medical treatment. 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. Although the proposed massage services are located within 500 feet of other establishments offering massage, the chiropractic office operates similar to other doctor offices and is located in a separate development, sufficiently separated from the other massage locations. The chiropractic office does not operate exclusively as a massage establishment. The massage service is provided to the chiropractic patients on an as needed basis as a part of the medical treatment. 3. There will be no late hours of operation. 04-27-17 9 Zoning Administrator Resolution No. ZA2017-### Page 5 of 9 4. A condition of approval is included to ensure the applicant will 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 continuation of the business. The Police Department has reviewed the application and has no objections to the accessory massage use at this location and the Massage Operator Permit is pending approval upon approval of the minor use permit. Finding: 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 office 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 uses. There are residential uses across Westcliff Drive and Dover Drive. Bob Henry Park is approximately 300 feet southeast of the use across Dover Drive. However, the massage service as a part of the chiropractic treatment of patients under the care of a doctor does not have the potential to create a negative impact on the park patrons. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-002, 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. 04-27-17 10 Zoning Administrator Resolution No. ZA2017-### Page 6 of 9 PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF MAY, 2017. Patrick J. Alford, Zoning Administrator oa-27-n 21 Zoning Administrator Resolution No. ZA2017-### Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1 . The development shall be in substantial conformance with the approved site plan and floor plans 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, or expansion in area, may 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 plans prior to issuance of the building permits. 7. Strict adherence to Newport Beach Municipal Code 5.50 must be upheld. 8. The applicant business must apply for and obtain an Operator Permit from the Chief of Police, and keep said permit in good standing. 9. All employees of the applicant business who conduct massage on or off premises must be certified by the California Massage Therapy Council (physicians, physical therapists, and chiropractors exempt). 10. As outlined in Newport Beach Municipal Code 5.50.030, the business must maintain requirements of operation, and submit to inspections by officers of the Police Department. 11. The owner, operator, or responsible manager's contact information for the massage establishment shall be provided to the City of Newport Beach Code Enforcement Division. 04-27-17 12 Zoning Administrator Resolution No. ZA2017-### Page 8 of 9 12. The names of employees shall be posted upon entry and contact information and a list of state certifications shall be provided upon request. A current list of employees shall be kept onsite and maintained at all times. 13. All windows shall remain visible and transparent in nature. Window signage shall comply with the City of Newport Beach Municipal Code. 14. The facility shall be maintained in a safe and sanitary condition. 15. No alcohol shall be served or offered onsite. 16. Violations of the Penal Code may invoke revocation of this permit. 17. The hours of operation shall be limited between 8 a.m. to 9 p.m., daily. 18. All employees shall park on-site. 19. A maximum of two massage therapists shall be on-site at any one time and a maximum of two rooms shall be used for massage therapy. 20. All signs shall conform to the provisions of Chapter 20.42 of the Municipal Code. 21. 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. 22. 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. 23. 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. 24. 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 Newport Beach Wellness Massage Services Minor Use Permit including, but not limited to, Use Permit No. UP2017-002 (PA2017-008). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attomeys'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, 04-27-17 13 Zoning Administrator Resolution No. ZA2017-### Page 9 of 9 attomeys' 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. 04-z7-17 Attachment No. ZA 2 Vicinity Map 15 VICINITY MAP Jed � �\♦ 'A� ^��' ^e� � ,� l _., a e QP�4 9� o ggs � a Minor Use Permit No. UP2017-002 PA2017-008 1501 Westcliff Drive 2� Attachment No. ZA 3 Police Department Memo 17 NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION 43 MEMORANDUM TO: Melinda Whelan, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: April 18, 2017 SUBJECT: Newport Beach Wellness 1501 Westcliff Drive Ste. 303 Use Permit No. UP2017-002 (PA2017-008) At your request, the Police Department has reviewed the project application for Newport Wellness, located at 1501 Westcliff Drive Ste. 303, Newport Beach. The applicant requests a minor use permit to allow massage services at an existing location which also offers chiropractic and acupuncture services. This location is within 500 feet of other massage establishments; however the Police Department has no objections to this project as presented. The applicant has applied for a Massage Operator Permit with the Police Department which is pending approval of the required miner use permit. An inspection will be conducted prior to issuance of the Massage Operator permit. Police Activity and Calls for Service Data at 1501 Westcliff Drive Ste 303 There is no police activity related to this business. Background The Police Department regulates massage establishments through a permit process pursuant to Chapter 5.50 of the Newport Beach Municipal Code ("NBMC") as well as the Massage Therapy Act, codified in California Business and Professions Code sections 460, 4600-4621, and Government Code section 51034. As of May 1, 2015, it is unlawful for any person, association, partnership, company, or corporation to operate a massage establishment within the City of Newport Beach without first obtaining a Massage Operator Permit from the Newport Beach Police Department. In addition, it shall be unlawful for any individual to practice massage for compensation within the City of Newport Beach unless that individual is a Certified Massage Therapist with the California Massage Therapy Council ("CAMTC") and further, it shall be unlawful for any massage establishment within the city of Newport Beach to provide massage services or allow massage services to be performed at the 18 Newport Beach Wellness Use Permit No. UP2017-002 (PA2017-008) massage establishment unless all individuals performing massage at the massage establishment are Certified CAMTC Massage Therapists, Conditions The Police Department recommends the following conditions be imposed: • Strict adherence to Newport Beach Municipal Code 5.50 must be upheld. • The massage operator must apply for, obtain, and maintain an Operator Permit in good standing with the Newport Beach Police Department. • All employees of the applicant business who conduct massage on or off premises must be certified by the California Massage Therapy Council (CAMTC). If you have any questions, please contact me at (949)644-3705 or wjoe@nbpd.org. W dy oe nve stigator, Special Investigations 2 19 Attachment No. ZA 4 Plans �O Treatment PT/Exercise Room Massage Room 0 ❑2 Office 0 I d W i ng Office Treatment r a anager Office Room /itchen ❑ 5 6 0 ® ❑ 9 i O ' �2