HomeMy WebLinkAboutZA2017-035 - NEWPORT BEACH WELLNESS MINOR USE PERMIT - 1501 Westcliff Ave RESOLUTION NO. ZA2017-035
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.
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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:
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 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
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spaces are provided for the existing chiropractic office within the existing shared
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.
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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.
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 20.48.120.13 (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.
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3. There will be no late hours of operation.
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
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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 25th DAY OF MAY, 2017.
Patrick J. Alford, Zoning Administrator
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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.
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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,
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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.
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