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HomeMy WebLinkAboutZA2022-059 - APPROVING MINOR USE PERMIT NO. UP2022-016 FOR A DAY SPA LOCATED AT 1340 BISON AVENUE (PA2022-140)RESOLUTION NO. ZA2022-059 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2022-016 FOR A DAY SPA LOCATED AT 1340 BISON AVENUE (PA2022-140) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Camelia Bennani of Biologi Spa (Applicant) with respect to property located at 1340 Bison Avenue and legally described as a portion of Parcel 1 of Parcel Map 326-48, seeking approval of a minor use permit. 2. The Applicant requests a minor use permit to establish a day spa within a 1,970-square- foot tenant space in an established commercial center. The business offers various aesthetic treatments including skin care, permanent make-up, and injectables. A Minor Use Permit is required because the use is a day spa, which is classified as a Personal Services, Restricted land use. 3. The subject property is categorized as General Commercial (CG) by the General Plan Land Use Element and is within the Commercial sub-area of the Bonita Canyon Planned Community (PC50) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on August 25, 2022, via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. 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, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 3. Project implementation will consist of limited tenant improvements and there would be no intensification of use beyond the previously existing retail use. Zoning Administrator Resolution No. ZA2022-059 Page 2 of 8 01-25-19 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC, 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 proposed use is consistent with the CG (General Commercial) land use designation. The day spa will offer services to those who live, work, and visit the city. The project will allow for continued tenancy of the existing vacant commercial space and will be consistent with other previously approved service type uses located in the commercial center. The day spa will integrate well with the existing adjacent commercial uses as it will contribute to the range of services offered. 2. Approval of the project will allow for continued occupancy of the currently vacant tenant space in a manner consistent with other uses located in The Bluffs commercial center. 3. The 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. The property is located within the Commercial Sub-Area 5 of the PC50 (Bonita Canyon Planned Community Zoning District). The land use schedule in the Planned Community does not specifically list service type uses such as a day spa or restricted personal service within the land use table. Section 2.1, General Provisions, of the Planned Community gives the “Planning Director” the authority to determine where uncertainty exists and whether the use is substantially compatible or incompatible with those land uses contained within the schedule. 2. In this case, the Community Development Director has determined that the proposed use is substantially compatible with other uses in the shopping center as a conditionally permitted use. Similar service uses such as a massage establishment that offers skin care treatments and related retail have previously been approved per Planning Director’s Minor Use Permit No. UP2010-009 (PA2010-049) at 1334 Bison Avenue within The Bluffs Shopping Center. Zoning Administrator Resolution No. ZA2022-059 Page 3 of 8 01-25-19 3. The Bonita Canyon Planned Community (PC50) Zoning District Sub-Area 5 is designated to allow a broad variety of commercial uses including personal service uses such as beauty salons and barber shops. Beauty salons, nail salons, and massage services have previously been approved within this sub-area. The proposed day spa use is similar to previously approved personal service uses. 4. A day spa is included in the Zoning Code definition of a “Personal Services, Restricted” land use requiring a minor use permit. The services offered include injectables (Botox, Fillers) and skin tightening services, which are considered ancillary medical treatments. Ancillary medical treatments will be overseen by a medical professional and do not comprise more than 20 percent of the services offered. 5. The proposed tenant space was previously occupied by a retail use and conversion to a “Personal Services, Restricted” does not change parking demand. Pursuant to Table 3-10 of NBMC 20.40.040 (Off-Street Parking Requirements), personal services and general retail or office uses are parked at the same rate of one (1) space per 250 square feet of gross floor area. The existing surface parking area provides sufficient parking for existing and proposed uses. 6. Project implementation will consist of tenant improvements designed to comply with applicable Building Code requirements. 7. The operational characteristics of approval will promote compatibility with the surrounding uses. The floor plan provides six (6) separate treatment rooms for various treatments. The injectables and skin tightening treatments that are considered medical use will constitute no more than 20 percent of the offered services. 8. As conditioned, the proposed use will comply with all applicable provisions of the NBMC. 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 project is located in an existing tenant space within an established commercial center. The design, size, location, and operating characteristics of the use are compatible with the surrounding development. The proposed day spa is consistent with the existing retail, restaurant, and personal service uses in the commercial center. 2. Based on operational characteristics, the use is not considered a medical office land use. Ancillary medical services including injectables and skin tightening treatments Zoning Administrator Resolution No. ZA2022-059 Page 4 of 8 01-25-19 constitute a small portion of the business, up to 20 percent of the overall services provided. 3. The proposed use will not require the provision of additional parking on-site, as discussed in Fact in Support of Finding B.4. 4. The design of the tenant improvements will comply with all applicable Building and Fire Codes. 5. As conditioned, the allowed hours of operation are from 8:00 a.m. to 6:00 p.m., daily. This will help to limit any potential late night or early morning land use conflicts with allowed uses in the vicinity. The business provides specialized, individual consultations by appointment only, and is expected to maintain compatibility with the adjacent commercial uses in The Bluffs center. 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. All proposed tenant improvements, with exception of signage, are limited to the inside of the existing building and will not affect pedestrian circulation, parking spaces, or access to existing tenants. Adequate public and emergency vehicle access are taken from Bison Avenue. Public services and utilities are provided on- site. 2. Tenant improvement plans will be reviewed prior to the issuance of building permits to ensure compliance with applicable Building and Fire Codes. 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 proposed use is intended to serve residents and visitors to Newport Beach. 2. The business’ operational characteristics are compatible with surrounding land uses in the Shopping Center, as discussed in Fact in Support of Findings B.2 and C.5. Zoning Administrator Resolution No. ZA2022-059 Page 5 of 8 01-25-19 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses and the City as a whole are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the business. Medical treatment services will be limited to 20 percent of the overall tenant space to ensure these services are ancillary to the primary day spa use of the business. 4. 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilitates) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves a Minor Use Permit, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. 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 25TH DAY OF AUGUST, 2022. Zoning Administrator Resolution No. ZA2022-059 Page 6 of 8 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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. A material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. The hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m., daily. 5. Aesthetic treatment services (ancillary medical services) shall be limited to Botox injections only within 20 percent of the tenant space. Any additional services shall be reviewed by the Planning Division and may require the processing of an amendment to this Minor Use Permit or a new use permit. 6. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. 7. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 8. Minor Use Permit No. UP2022-016 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Exceptions) unless an extension is otherwise granted. 9. This 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 are detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 10. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. Zoning Administrator Resolution No. ZA2022-059 Page 7 of 8 01-25-19 11. 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. 12. 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. 13. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 14. The exterior of the business shall always be maintained free of litter and graffiti. The owner or operator shall provide for the daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 15. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 16. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 17. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 18. A Special Events Permit is required for any event or promotional activity outside the normal operating characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 19. 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 NBMC. 20. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Biologi Spa including, but not limited to, Minor Use Zoning Administrator Resolution No. ZA2022-059 Page 8 of 8 01-25-19 Permit No. UP2022-016 (PA2022-140). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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 the City's costs, attorneys' fees, and damages that the City incurs in enforcing the indemnification provisions outlined 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.