HomeMy WebLinkAboutPC2022-024 - APPROVING A CONDITIONAL USE PERMIT FOR A MEDICAL SPA/OFFICE LOCATED AT 906 AVOCADO AVENUE (PA2022-0156)RESOLUTION NO. PC2022-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MEDICAL SPA/OFFICE LOCATED AT 906 AVOCADO AVENUE (PA2022-0156) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Alchemy 43 (“Applicant”) with respect to property located at
906 Avocado Avenue, and legally described as Parcel 1 of Parcel Map No. 90-361, in the
City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 270, pages 15 through 18 of Parcel Maps, records of Orange County, California (“Property”), requesting approval of a Conditional Use Permit.
2. The Applicant proposes to operate an approximately 1,150-square-foot medical office (i.e.,
med-spa) within an existing shopping center known as the Corona del Mar Plaza. The med-spa will provide aesthetic treatments for up to 12 patients per day with the potential for walk-in patients, dependent on the availability of staff. The med-spa will operate Monday through Saturday, from 10 a.m. to 7 p.m. with up to five employees (“Project”).
3. The Property is located within the Retail (Area 5) Subarea of the Newport Village Planned Community (PC-27) Zoning District and is categorized as General Commercial (CG) by the Land Use Element of the General Plan.
4. The Property is not located within the coastal zone; therefore, a coastal development
permit is not required. 5. A public hearing was held on October 20, 2022, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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 Planning Commission 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. The Class 1 exemption includes 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. The
DocuSign Envelope ID: 2E4CA2B6-698E-4A00-923B-95DC55343673
Planning Commission Resolution No. PC2022-024 Page 2 of 9
10-18-21
proposed med-spa will require minor alterations to the interior floor plan of an existing commercial space with no expansion in floor area or increase in parking demand.
SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020(F) (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 Property is categorized as General Commercial (CG) by the Land Use Element of the General Plan. The CG land use category is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs.
2. While Table LU 1 (Land Use Plan Categories) of the General Plan does not specifically list a med-spa as a type of use that is expressly consistent with the CG category, the operational characteristics are similar in nature to other commercial service uses such as barber and beauty shops. Patients will visit the med-spa, obtain
a service, purchase related products, and depart. Patients will be conscious during
their treatments and no inpatient services are offered. 3. The Property is not a part of a specific plan, nor is it located within the Coastal Zone.
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 zoned Newport Village Planned Community (PC-27) and is further located within the Retail (Area 5) Subarea of the PC. Area 5 is intended to be developed as a specialty retail commercial center.
2. PC-27 provides a list of uses that are allowed within Area 5. While a medical office is not specifically called out as an allowed use, PC-27 allows “uses as specified in the RSC District of Chapter 20.33 (more specifically Table 20.33, exclusive of arcades, recreational establishments; and drive-in, take-out restaurants) of the NBMC” subject
to the approval of a use permit.
3. The “RSC District” refers to the Retail and Service Commercial District found in the pre-2010 version of Title 20 (“Zoning Code”) of the NBMC. Medical office was an allowed use per Table 20.33.
DocuSign Envelope ID: 2E4CA2B6-698E-4A00-923B-95DC55343673
Planning Commission Resolution No. PC2022-024 Page 3 of 9
10-18-21
4. The PC-27 text does not distinguish between a minor use permit or a conditional use permit. The PC-27 text was originally written and last modified prior to the adoption
of the current version of the NBMC. The pre-2010 Zoning Code did not provide for a
minor use permit. Instead, it differentiated between a use permit and a planning director’s use permit. The previous Zoning Code required a use permit to be heard by the Planning Commission while a planning director’s use permit did not require a public hearing. Because PC-27 specifically states that these uses from the former
RSC District may be allowed subject to the approval of a use permit rather than
subject to the approval of a planning director’s use permit, it can reasonably be inferred that the PC-27 Development Plan intended for a conditional use permit to allow Table 20.33 uses.
5. The necessary tenant improvements to the existing suite will be within the interior of
the building. No additional floor area will be added as part of this project. 6. PC-27 requires a minimum of 4.9 off-street parking spaces for every 1,000 square feet of gross floor area and does not differentiate between types of use. Because the
Project does not involve the addition of floor area, no additional parking spaces are
required. Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity. Finding:
1. The med-spa is proposed within an existing suite of the Corona del Mar Plaza shopping
center. The shopping center is bounded to the north by the Newport Beach Public Library, to the east by MacArthur Boulevard, to the south by East Coast Highway, and to the west by Avocado Avenue. The nearest residential use is located to the east across MacArthur Boulevard.
2. The med-spa will feature two (2) treatment rooms, a consultation room, a wellness room, a waiting area, and a small reception and retail area. While the proposed med-spa is not anticipated to generate any noise, all the shops within Corona del Mar Plaza are oriented toward the parking area. There should be no noise impacts to adjacent uses or the
residential uses beyond MacArthur Boulevard.
3. The proposed hours of operation are Monday through Saturday, from 10 a.m. to 7 p.m. A 7 p.m. closing time is not considered late hours and should not generate any unwanted activity.
4. To ensure the continued compatibility with the surrounding uses, Condition of Approval No. 7 requires subsequent review by the Planning Division for any change in operational characteristics, expansion in area, or other modification to the approved plans. The
DocuSign Envelope ID: 2E4CA2B6-698E-4A00-923B-95DC55343673
Planning Commission Resolution No. PC2022-024 Page 4 of 9
10-18-21
processing of a new use permit may be required if, at a later date, the Applicant wishes to make substantial operational changes.
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 Project includes multiple conditions of approval governing trash and noise to
ensure that potential conflict or nuisances are minimized to the greatest extent
possible. 2. The med-spa will share an existing, communal, trash enclosure. The enclosure is surrounded by three walls and a self-latching gate. The operator is also required to
control trash and litter around the business.
3. Vehicular access to the shopping center is available from both from Avocado Avenue and MacArthur Boulevard. The Project will not affect access to the shopping center and emergency services will not be impacted by the med-spa.
4. If the Applicant chooses to add medical gas at a later date, Condition of Approval no. 25 requires the operational change to be reviewed by the Fire/Life Safety Division. This condition will ensure that first responders are able to respond effectively to any potential fire or medical emergency.
5. To ensure the existing infrastructure can support the new med-spa, Condition of Approval no. 30 requires the sanitary waste and water supply size to be evaluated during plan check and the building permit process. If the lines are undersized, they will need to be upgraded in accordance with the California Plumbing Code (CPC).
As the subject property is an existing shopping center, all other utilities are sufficient
to support the new med-spa. 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 med-spa will operate similarly to any other personal service type use, such as a barber or beauty shop. Its operation should not constitute a hazard to the public.
DocuSign Envelope ID: 2E4CA2B6-698E-4A00-923B-95DC55343673
Planning Commission Resolution No. PC2022-024 Page 5 of 9
10-18-21
2. The proposed hours of operation are compatible with the surrounding businesses of
the Corona del Mar Plaza and no negative impacts to the surrounding neighborhood
are anticipated. SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission 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 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. The Planning Commission of the City of Newport Beach hereby approves the Conditional Use Permit (PA2022-0156), 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 is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF OCTOBER, 2022. AYES: Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand
NOES: None
ABSTAIN: None ABSENT: None
BY:_________________________ Lauren Kleiman, Chair
BY:_________________________ Mark Rosene, Secretary
DocuSign Envelope ID: 2E4CA2B6-698E-4A00-923B-95DC55343673
Planning Commission Resolution No. PC2022-024 Page 6 of 9
10-18-21
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
plan, 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. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the Project site and provisions of Chapter 20.42 (Signs) of the NBMC. 5. The Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC, unless an
extension is otherwise granted.
6. This Use Permit may be modified or revoked by the Planning Commission should they determine 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. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and an
amendment to this Use Permit or the processing of a new Use Permit may be required. “Operational characteristics” include services offered. Any services considered “accessory massage service” or “massage establishment” are expressly prohibited.
8. Prior to the issuance of a building permit, the Applicant shall pay any applicable Fair
Share Traffic Fees in accordance with Chapter 15.38 (Fair Share Traffic Contribution
Ordinance) of the NBMC. The fees shall be consistent with those in effect at the time
the building permit is issued.
9. Prior to the issuance of a building permit, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans.
DocuSign Envelope ID: 2E4CA2B6-698E-4A00-923B-95DC55343673
Planning Commission Resolution No. PC2022-024 Page 7 of 9
10-18-21
10. Prior to the issuance of a building permit, the Applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the Use
Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Use Permit and shall highlight the approved elements such
that they are readily discernible from other elements of the plans.
11. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division.
12. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
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 NBMC, which restricts hours of noise-generating construction activities that produce noise to between the
hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays.
16. No outside paging system shall be utilized in conjunction with this establishment.
17. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of
DocuSign Envelope ID: 2E4CA2B6-698E-4A00-923B-95DC55343673
Planning Commission Resolution No. PC2022-024 Page 8 of 9
10-18-21
neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
18. 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.
19. 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. 20. 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).
21. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 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.
22. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 23. A Special Events Permit is required for any event or promotional activity outside the
normal operational 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 NBMC to require such permits.
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 Alchemy 43 Med-Spa including, but not limited to, this Conditional Use Permit (PA2022-0156). 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.
DocuSign Envelope ID: 2E4CA2B6-698E-4A00-923B-95DC55343673
Planning Commission Resolution No. PC2022-024 Page 9 of 9
10-18-21
Fire Department 25. Any future operational changes to install medical gas or include services where patients are rendered unconscious, or incapable of self-preservation, shall be subject to review
and approval of the Fire/Life Safety Services Division.
Building Division 26. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The plans must comply with the most recent, City-adopted version
of the California Building Code (CBC). 27. The construction plans must meet all applicable State Disabilities Access requirements.
28. The Applicant shall provide an accessible path of travel to the tenant space from the public
right of way and accessible parking stall. 29. The Project will be reviewed as a medical use for CBC requirements.
30. Prior to the issuance of a building permit, Sanitary waste and water supply size will need
to be confirmed. Sanitary waste size should be properly calculated following the
California Plumbing Code (CPC) Section 702 and 703.2 and water supply size should
be sized in compliance with CPC Section 610.3 and 610.4.
DocuSign Envelope ID: 2E4CA2B6-698E-4A00-923B-95DC55343673