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HomeMy WebLinkAboutZA2016-025 - MINOR USE PERMIT FOR MASSAGE THERAPY BUSINESS - 333 Old Newport Blvd RESOLUTION NO. ZA2016-025 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-009 FOR A MASSAGE ESTABLISHMENT LOCATED AT 333 OLD NEWPORT BOULEVARD, SUITE A (PA2016-038) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Suwanna LaRoque on behalf of Araiya Inc., with respect to property located at 333 Old Newport Boulevard, Suite A, and legally described as that portion of Lot 24 in Block 9 of Tract No. 27, in the City of Newport Beach, County of Orange, State of California as shown on a Map thereof, recorded in Book 9, Page 26, Miscellaneous Maps, in the Office of the County Recorder of Orange County, California and that portion of the easterly 20 feet of that certain roadway, 40 feet in width, as shown on said Map adjoining said Lot 24 on the west, abandoned by order of the Board of Supervisors of Orange County California on June 4, 1929, a certified copy of which Order was recorded June 27, 1929, in Book 286, Page 273 of official records, requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow the operation of an independent massage establishment on the second floor of an existing two-story multi-tenant commercial building. The establishment will provide three therapy rooms, an employee lounge, and areas for office and storage. A maximum of three massage therapists will be on-site at one time. Included is a request to waive location restrictions associated with massage establishments. 3. The subject property is located in the Office General (OG) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 4. The subject property is not located in the coastal zone. 5. A public hearing was held on April 28, 2016, 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 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). Zoning Administrator Resolution No. ZA2016-025 Page 2 of 10 2. This Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves the establishment of massage services and does not result in an intensification of use, parking, or expansion in floor area. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the 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 property is designated General Commercial Office (CO-G) in the Land Use Element of the General Plan. This designation is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. 2. The proposed establishment is a service use intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. Therefore, the use is consistent with the CO-G land use designation. 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 this Zoning Code and the Municipal Code. Facts in Support of Finding: 1 . The subject property is located in the Office General (OG) Zoning District, which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. 2. Pursuant to Table 2-4 of Zoning Code Chapter 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) a massage establishment is a service use that may be permitted in the OG Zoning District subject to the approval of a minor use permit. 3. The proposed massage establishment is consistent with the legislative intent of Section 20.48.120 (Massage Establishments and Services) and Chapter 5.50 (Massage Establishments) of the Municipal Code. These sections provide standards for the establishment, location, and operation of massage establishments operated as Zoning Administrator Resolution No. ZA2016-025 Pa e3of10 an independent use. The intent is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration that may accompany and result from large numbers of massage establishments. 4. The massage establishment is not located within 500 feet of a public or private school, park or playground, civic center, cultural site, or religious institution. 5. Pursuant to the Zoning Code, the City may establish the parking requirement for a massage establishment through the use permit process. The applicant has proposed massage services in three rooms and indicated that a maximum of three massage therapists will be on-site at one time. The limit on massage therapists and number of rooms available for massage therapy will limit the number of patrons. Based on the proposed operation, a rate of one parking space for every 250 square feet is appropriate for the proposed use. 6. The recommended parking requirement is the same standard required of the previous use, a small health/fitness facility. Therefore, the proposed change does not result in an intensification of use and no additional parking is required. 7. Zoning Code Section 20.38.060 (Nonconforming Parking) allows a change of use on sites with nonconforming parking. It specifies that there must be no intensification or enlargement in floor area or lot area, and the new use requires a parking rate of no more than one space per 250 square feet. The applicant is not proposing to expand the existing tenant space. 8. 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 applicant proposes an independent massage establishment in a 1,396-square-foot tenant space on the second floor of an existing two-story multi- tenant commercial building. A small health/fitness facility—previously—occupied—the space. The property is nonconforming in parking because there are no parking spaces on private property. However, there are 11 spaces located to the south in front of the building in the City right-of-way, and an additional 30 in the adjacent lot to the west. These spaces have served the building over time. 2. Existing uses in the building include office, medical office, an eating and drinking establishment and a hair salon. Adjacent land uses include similar nonresidential uses. The proposed massage establishment will provide a service consistent with existing and permitted uses in the area. Zoning Administrator Resolution No. ZA2016-025 Page 4 of 10 3. The nearest residential uses are located to east, buffered by Old Newport Boulevard and a block of nonresidential uses. These residential properties are not directly accessible from Old Newport Boulevard. This should limit any compatibility concerns regarding nearby residential uses. 4. The proposed operation will consist of three therapy rooms, an employee lounge, and areas for office and storage. A maximum of three massage therapists will be on-site at one time. 5. The proposed hours of operation between 10 a.m. and 9 p.m., daily, should limit any potential late night/early morning land use conflicts with nearby properties. 6. The existing parking spaces to the south and west provide parking for patrons and employees of the multi-tenant building. The proposed massage establishment will not result in an intensification of use and will not require the provision of additional parking. 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 property is one of three lots on the block that fronts Old Newport Boulevard. This street is accessible from multiple points of entry including Hospital Road, Newport Boulevard, and Westminster Avenue. Parking nearby has functioned satisfactorily under the current configuration and is conveniently located for patrons and employees. 2. The site has supported the two-story building with nonresidential uses since 1955. It is not anticipated that the change in use will alter the site's ability to provide basic services. 3. 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, 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. Zoning Administrator Resolution No. ZA2016-025 Page 5 of 10 Facts in Support of Finding: 1. The massage establishment has been conditioned with hours of operation that will minimize any potential detriment to the area. 2. The existing multi-tenant building is not located in an area with problems of blight and deterioration. 3. The proposed massage establishment will provide an economic opportunity for the property owner to lease the tenant space. Additionally, the establishment will provide an additional service to those working, residing, or visiting the City of Newport Beach. 4. The Building and Code Enforcement Divisions, Public Works, Fire, and Police Departments reviewed the proposal. 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 the findings 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 Support of Finding: 1. The intent of this section is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration that can accompany large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. 2. Although the proposed massage establishment is located within 500 feet of another establishment offering massage services (404 Westminster Avenue, Suite 5 — Body Haven), both locations are located in different developments and are sufficiently separated from each another. 3. The business at 404 Westminster Avenue operates pursuant to Use Permit No. UP2005-025 and is limited to one room for massage. This existing massage service along with the proposed massage establishment will not be contrary to public interest. Both are located in managed, multi-tenant commercial buildings. These operations are limited in the number of massage therapists at one time, require an Operator's Permit from the Newport Beach Police Department, and must comply with conditions of approval, limiting concerns regarding blight. Zoning Administrator Resolution No. ZA2016-025 Page 6 of 10 Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area. Facts in Support of Finding: 1. The proposed use is located in a single tenant space in a managed, multi-tenant commercial building. The property fronts a well-traveled street and is not located in a blighted area. Finding: H. 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 proposed use is located adjacent to nonresidential uses. There are no public or private schools, parks, playgrounds, or religious institutions within 500 feet of the subject property. 2. Conditions of approval limiting hours of operation and number of massage therapists at one time will ensure the use does not constitute a hazard to public convenience. These restrictions will prevent potential late night/early morning land use conflicts and limit the number of patrons visiting the site at one time. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2016-009, 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 Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2016-025 Page 7 of 10 PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF APRIL, 2016. BY: Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2016-025 Page 8 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 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 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, expansion in area, increase in the number of massage therapy rooms, or other modification to the approved plans, shall 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. A maximum of three massage therapists shall be on-site at any one time. 8. A maximum of three rooms, as depicted on the approved floor plan, shall be used for massage therapy. 9. The hours of operation shall be limited to 10 a.m. to 9 p.m., daily. 10. A valid business license from the City of Newport Beach with sellers permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. 11. Any therapists/technicians working as independent contractors shall obtain their own City of Newport Beach business license. Zoning Administrator Resolution No. ZA2016-025 Page 9 of 10 12. The applicant shall adhere to all provisions set forth in AB1147 and Business and Professions Code Chapter 10.5 (Massage Therapy Act), relating to operating a massage establishment. 13. 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. 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 Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 16. 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. 17. 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 Araiya Thai Massage including, but not limited to, Minor Use Permit No. UP2016-009 (PA2016-038). 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. Code Enforcement Division 18. The applicant shall provide the contact information for the owner, operator, or responsible manager of the massage establishment. Any changes to the contact information shall be submitted to the Planning Division as part of the official record. Zoning Administrator Resolution No. ZA2016-025 Pacie10of10 19. A list of employee names, contact information, and state certifications shall be kept onsite at all times and available upon request by City officials. 20. There shall be no deliveries or supporting services outside of the allowed hours of operation. 21. All windows shall remain visible and transparent in nature. Window signage shall comply with the Newport Beach Municipal Code. 22. No alcohol shall be served or offered onsite. 23. Violations of the Penal Code may invoke revocation of this Minor Use Permit. Police Department 24. 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 and submit to inspections of the premise. 25. All employees of the business who conduct massage on or off the premise must be certified by the California Massage Therapy Council (CAMTC). Public Works Department 26. Reserve and address markings shall be removed from all wheel stops and parking spaces located in the City right-of-way.