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HomeMy WebLinkAboutZA2012-047 Thai Body Works MUPRESOLUTION NO. ZA2012 -047 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING APPLICATION NO. UP2012 -023 FOR A MINOR USE PERMIT TO ESTABLISH THE NUMBER OF PARKING SPACES REQUIRED FOR A PROPOSED 1,191- SQUARE- FOOT - MASSAGE FACILITY WITHIN AN EXISTING COMMERCIAL SUITE LOCATED AT 3617 EAST COAST HIGHWAY (PA2012 -136). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Three Naree Co. Inc dba Thai Body Works with respect to property located at 3617 East Coast Highway, Suite B and legally described as Lot 1 and Lot 2, Block AA, Tract 323 requesting approval of a Minor Use Permit. 2. A minor use permit to establish the number of parking spaces required for a proposed 1,191 square -foot massage facility in a suite previously occupied by a dry cleaning and shoe repair business within a commercial building located in Corona del Mar. Zoning Code Section 20.40 (Off- Street Parking) permits the establishment of the parking requirement for a massage facility with approval of a use permit. The proposed operation will consist of four therapy rooms. Four massage technicians, as independent contractors, certified by the California Massage Therapy Council (CAMTC), will provide the massage services. Each individual technician will schedule their client appointments and greet walk -in clients. A maximum of four massage technicians will be present at any one time. The proposed hours of operation will be 10:00 a.m. to 9:00 p.m., 7 days per week. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Commercial Corridor (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC -B). 5. A public hearing was held on December 12, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. Zoning Administrator Resolution No. ZA2012 -047 Paqe 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to convert a currently vacant suite, previously occupied by a dry cleaner and shoe repair business, to a massage facility. The existing space will be remodeled with approval of a tenant improvement building permit. There is no expansion of the physical building and no additional parking will be required. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of such findings for a use permit 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 General Plan land use designation for this site is CC (Corridor Commercial), which is intended to provide a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed massage use is a service use and is consistent with the land uses permitted within this land use designation. The location within a commercial building located at the corner of East Coast Highway and Orchid Avenue in Corona del Mar will provide residents and visitors within the neighborhood and vicinity an additional neighborhood service. 2. 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. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -047 Paqe 3 of 8 Facts in Support of Finding: The proposed use is located in the CC (Commercial Corridor) Zoning District of the Newport Zoning Code. The intent of this district is to provide for a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed massage use is consistent with the land uses permitted within this zoning district. The location within a commercial building at the corner of East Coast Highway and Orchid Avenue in Corona del Mar will provide residents and visitors within the neighborhood and vicinity an additional neighborhood service. 2. Zoning Code Chapter 20.40 (Off- Street Parking), Table 3 -10 (Off- Street Parking Requirements) allows establishment of the parking requirement for a massage facility with approval of a conditional use permit. Pursuant to Zoning Code Section 20.50.020 (Authority for Land Use and Zoning Decisions), the Community Development Director has interpreted the code and has determined that approval of a minor use permit is appropriate, since the Zoning Code (Section 20.20.020: Commercial Zoning Districts Land Uses and Permit Requirements) states that approval of a minor use permit is required for a massage facility. 3. The Zoning Code states that approval of a minor use permit is required to allow a massage facility in the CC (Commercial Corridor) Zoning District. As a result of the passage of California Bill SB731, the City does not require discretionary approval for the new massage use, because all massage services are provided by technicians certified by the California Massage Therapy Council (CAMTC). Although the purpose is to establish the parking requirement for the massage use, conditions of approval that establish the operational characteristics of the massage use are included in Exhibit A. 4. The proposed use will be located within an existing commercial building. The commercial site is considered legal nonconforming (parking). Parking for the current uses on the site is calculated using a required ratio of one space per 250 gross square feet. Eighteen spaces are required (4,316/250 = 18 spaces) and 17 spaces are existing. 5. Pursuant to Section 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs, and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. 6. Although classified as a separate land use, a massage use is a service use with similar operating characteristics to other service uses, such as barber and beauty shops and tanning salons. The subject suite was formerly occupied by a dry cleaning and shoe repair business, which is also classified as a service use. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -047 Paqe 4 of 8 Service uses have a required parking ratio of one space per 250 square feet of gross floor area. Establishing the parking rate for the proposed massage use at one space per 250 gross square feet is reasonable given that there is space for four clients, it is a service use with similar operating characteristics as those of other service uses, and there is a high level of pedestrian activity in the Corona del Mar village. 7. The proposed project complies with the requirements of Section 20.38.060 (Nonconforming Parking) because the square footage of the existing suite will not be increased; the operational characteristics of the massage use as a service use will require the same number of parking spaces required for the previous occupant of the subject suite and for other uses with similar operating characteristics that are classified as service uses (1,191/250 = 5 spaces); and the new use will require a parking rate of no more than one space per 250 square feet of gross building area. 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 proposed project involves interior alterations to convert an existing suite previously occupied by a dry cleaning and shoe repair business. The 17 existing parking spaces on site will be maintained. 2. The proposed operation will consist of four therapy rooms. Four massage technicians, as independent contractors, certified by the California Massage Therapy Council (CAMTC), will provide the massage services. Each individual technician will schedule their client appointments and greet walk -in clients. No designated receptionist will be provided. A maximum of four technicians will be present at any one time. The proposed hours of operation will be 10:00 a.m. to 9:00 p.m., 7 days per week. 3. The proposed massage use is a service use that will be complementary to the other uses in the commercial building, which include a hair salon, retail sales, and a take -out restaurant. Its operating characteristics are similar to other service uses such as barber and beauty shops, and tanning salons. 4. The proposed addition of a massage facility at this location does not present any conflicts with uses within the surrounding neighborhood and vicinity. It will provide a beneficial service for residents of the neighborhood and visitors to the area and will not require the provision of additional parking spaces on the site. 5. The proposed massage use will be located within a commercial building on a site located at the corner of East Coast Highway and Orchid Avenue in Corona Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -047 Paqe 5 of 8 del Mar. It will serve clients by appointment and walk -in customers. Due to its corner location, opportunities for on- street parking will be available along Orchid Avenue and East Coast Highway in addition to the parking spaces provided on the site. 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 proposed project will be located in a suite within an existing commercial building and will involve minor interior alterations of the suite. The design, size, location, and operating characteristics of the use are compatible with the existing uses on the site and within the surrounding area. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on -site and are accessed from either Orchid Avenue, East Coast Highway, or the alley at the rear of the site. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or 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 project has been reviewed and this approval includes conditions to establish the permitted hours of operation, the maximum number of rooms allowed for massage services in the suite, and the maximum number of massage technicians allowed on site at any one time. These conditions will ensure that the proposed massage use will be compatible with the uses on site and within the surrounding neighborhood. These restrictions will also ensure that the proposed operation will not create an intensification of the previous use that would require additional parking spaces on the site. 2. Establishing the parking rate for the proposed massage use at one space per 250 gross square feet is reasonable given that there is space for four clients, it is a Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -047 Paqe 6 of 8 service use with similar operating characteristics as those of other service uses, and there is a high level of pedestrian activity in the Corona del Mar village. 3. The proposed massage facility will help revitalize the project site and provide an economic opportunity for the property owner to update the tenant space and provide additional services to the residents and visitors in the surrounding area without increasing the number of parking spaces required on the site. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves UP2012 -023, 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 fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 12th DAY OF DECEMBER, 2012. Patrick J. AI ord Acting Zoning Administrator Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -047 Paqe 7 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 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 hours of operation for the massage facility shall be 10:00 a.m. to 9:00 p.m., 7 days per week. 3. The number of massage technicians operating at one time shall be limited to four, and each technician shall be certified by the California Massage Therapy Council (CAMTC). A maximum of four therapy rooms shall be permitted to provide the massage services. 4. Use Permit No. 2012 -023 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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. 7. This Use Permit may be modified or revoked by the Zoning Administrator should they determine that the proposed use 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. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 9. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 of the Newport Beach Municipal Code. 10. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -047 Paqe 8 of 8 11. 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. 12. 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 the Thai Body Works including, but not limited to Minor Use Permit No. UP2012 -023. 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. Tmplt: 05/1612012