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HomeMy WebLinkAboutZA2015-030 - MINOR USE PERMIT FOR A DAY SPA (#B) - 2300 Bristol St RESOLUTION NO. ZA2015-030 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-017 FOR A DAY SPA (PERSONAL SERVICES, RESTRICTED) LOCATED AT 2300 BRISTOL STREET, SUITE B (PA2015-062) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Teresa Woodard, with respect to property located at 2300 Bristol Street, and legally described as Parcel 2, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 62, Page 2 of Parcel Maps, in the office of the county recorder of said County requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow the operation of a day spa (Personal Services, Restricted) within an existing commercial building. The spa will offer various spa services including ancillary massage. The tenant space is 1,100 square feet and includes a waiting room, reception area, office, treatment rooms and a restroom. 3. The subject property is located within the Santa Ana Heights Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is General Commercial (GC). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on May 28, 2015 in the Corona del Mar Conference Room (Bay E-1 st 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 has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. This Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves the conversion of a vacant office space to a day spa and does not involve any alterations to the existing floor plan. Zoning Administrator Resolution No. ZA2015-030 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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 General Commercial (CG) within the Land Use Element of the General Plan which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. The proposed day spa is consistent with the CG designation as it will provide services that support the surrounding neighborhood as well as visitors to the area. 3. The property is located in the Santa Ana Heights Specific Plan, specifically in the General Commercial area, which allows personal service uses such as the day spa use. 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 Santa Ana Heights Specific Plan (SP-7) and is located within the SP-7 General Commercial (GC) District which provides regulations for the commercial areas along Bristol Street and is intended to ensure the continuation of commercial uses that offer a wide range of goods and services to the surrounding residential and business communities. 2. The principal use of the tenant space will be for a day spa offering facials, airbrush tanning, eyelash extensions, body wraps, chemical peels, microdermabrasion, an infrared sauna and waxing services with ancillary massage and ancillary medical day spa services of laser hair removal and Botox. Pursuant to Zoning Code Chapter 20.70 (Definitions), a day spa is classified as a Personal Services, Restricted land use which may be permitted within the SP-7 GC Zoning District subject to the approval of a minor use permit. 3. A medical use is not permitted within the SP-7 GC Zoning District; however, the medical services are only day spa related (laser hair removal and Botox) and are ancillary to the day spa use. 03-03-2015 Zoning Administrator Resolution No. ZA2015-030 Page 3 of 7 4. The parking requirement for a Personal Services, Restricted use is the same standard required of a general commercial/retail use (1 space per 250 square feet). Therefore, the proposed conversion of the commercial space into a day spa does not result in an intensification of use and no additional parking is required. 5. As conditioned, the proposed use will comply with all other applicable provisions of the Zoning Code and Municipal Code. 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 day spa will occupy a 1,100-square-foot tenant space in an existing one-story commercial building. The operation will consist of four (4) treatment rooms, a lobby, reception, an office, laundry room and restroom, all of which are included in the existing commercial space. 2. The project site and surrounding area consist of a mixture of general commercial uses including personal services general, retail, and eating and drinking establishments which serve residents in and visitors to the City of Newport Beach. The proposed day spa will provide a service that supports residents and visitors, consistent with existing and permitted uses in the area. 3. The proposed day spa will not require additional parking on-site. 4. As conditioned, the allowed hours of operation are 8:00 a.m. to 9:00 p.m., daily, limiting any potential late night/early morning land use conflicts with nearby land uses. 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 existing one-story commercial building and surface parking lot were constructed around 1975 and have since demonstrated that the current configuration with access taken from Bristol Street is physically suitable to accommodate the multiple commercial uses. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on the property and the proposed day spa will not change this. 03-03-2015 Zoning Administrator Resolution No. ZA2015-030 Page 4 of 7 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 use is intended to serve residents and visitors to the City of Newport Beach. 2. The day spa has been conditioned with hours of operation that will minimize any potential detriment to the area. 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. The proposed day spa with ancillary massage services is not located within 500 feet of another establishment offering massage. Permit records indicate that the closest massage establishment is more than 1,500 feet away on Birch Street. 3. A condition of approval is included to ensure the applicant will obtain an Operator's License 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. 03-03-2015 Zoning Administrator Resolution No. ZA2015-030 Pa e5of7 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 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 and residential uses. There are no public or private schools, parks, playgrounds, or religious institutions within 500 feet of the subject property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2015-017, 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 (14) days following the date this Resolution was adopted unless within such time an appeal 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 28th DAY OF MAY, 2015. h re d Wisneskl, Al P, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2015-030 Pa e6of7 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m., daily. 3, 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 Newport Beach Municipal Code prior to the continuation of their business. 4. All employees of the business performing massage must be certified by the California Massage Therapy Council (CMTC). 5. The applicant is required to obtain a valid business license from the City's Revenue Division prior to the start of business. 6. The operation of an independent massage business is not permitted unless an amendment to this Minor Use Permit or a new Use Permit is first approved. 7. Only medical day spa related uses as ancillary to the day spa are permitted such as the laser hair removal and the Botox. Expansion of the medical day spa uses beyond ancillary or the addition of any medical uses are not permitted as medical is not a permitted use within the SP-7 GC Zoning District. 8. All proposed signs shall be in conformance with provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 9. 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 Minor Use Permit. 10. 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. 11. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Use Permit. 03-03-2015 Zoning Administrator Resolution No. ZA2015-030 Page 7 of 7 12. 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. 13. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 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. Trash receptacles for patrons shall be conveniently located both inside and outside the establishment, however, not located on or within any public property or right-of-way. 16. 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. 17. Storage outside the building, in the front or at the rear of the property, shall be prohibited, with the exception of the required trash container enclosure. 18. 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 Newport Beach Municipal Code to require such permits. 19. This approval shall expire and become void unless exercised within twenty-four (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. 20. 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 Forever Young Day Spa including, but not limited to, UP2015-017 (PA2015-062). 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. 03-03-2015