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HomeMy WebLinkAboutZA2015-012 - Suite 130, MINOR USE PERMIT FOR PERSONAL SERVICES-RESTRICTED USE (DAY SPA) - 4101 Birch St RESOLUTION NO. ZA2015-012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-005 FOR A DAY SPA (PERSONAL SERVICES, RESTRICTED) LOCATED AT 4101 BIRCH STREET, SUITE 103 (PA2015-014) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Edward Zepfel and Rebekah Diemert on behalf of the property owner, with respect to property located at 4101 Birch Street, and legally described as Lot 43 in Tract No. 3201 requesting approval of a minor use permit. 2. The applicant proposes a day spa (Personal Services, Restricted) within a currently vacant 1,078-square-foot tenant space on the ground floor of an existing 9,968-square-foot two-story office building and has requested to waive location restrictions contained in Section 20.48.120 (Massage Establishments and Services) of the Zoning Code. The proposed operation will consist of three treatment rooms offering a combination of facial, waxing, and ancillary massage services. 3. The subject property is located within the Office Airport (OA) Zoning District and the General Plan Land Use Element category is Airport Office and Supporting Uses (AO). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 12, 2015, 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 15315, 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. ZA2015-012 Page 2 of 8 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 Airport Office and Supporting Uses (AO) within the Land Use Element of the General Plan which is intended to provide for the development of properties adjoining John Wayne Airport for uses that support or benefit from airport operations. These may include professional offices, aviation retail, automobile rental, sales, and service, hotels, and ancillary retail, restaurant, and service uses. 2. The proposed day spa offering ancillary massage is consistent with the AO designation as it will provide services that support or may benefit from John Wayne Airport. 3. The property is not located in 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 Office Airport (OA) Zoning District which is intended to provide for areas appropriate for the development of properties adjoining John Wayne Airport for uses that support or benefit from airport operations. 2. The principal use of the tenant space will be for a day spa offering facial and waxing services with ancillary massage services. 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 OA Zoning District subject to the approval of a minor use permit. 3. The existing 9,968-square-foot building is required to provide 42 parking spaces on site at an office rate of 1 space for every 250 square feet of floor area (9,968 / 250 = 40). Two of the required spaces are associated with two previously approved limited auto sales offices, each required to provide a single vehicle display area by the Department of Motor Vehicles (DMV). Given 44 spaces exist on site, there remains a two space surplus. 07-22-2014 Zoning Administrator Resolution No. ZA2015-012 Page 3 of 8 4. The parking requirement for a Personal Services, Restricted use is the same standard required of an office use (1 space per 250 square feet). Therefore, the proposed conversion of a vacant office space to 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 1,078-square-foot tenant space on the ground floor of an existing two-story office building. The operation will consist of three treatment rooms offering a combination of facial, waxing, and ancillary massage services. 2. Based on operational characteristics, the use is not considered an independent massage facility. Ancillary massage offered in conjunction with facial and waxing services constitute a small portion of the overall floor area (approximately 13 percent), thereby limiting any potential blight or deterioration to the surrounding area. 3. The project site and surrounding area consist of a mixture of nonresidential uses including office, auto services, personal services general, retail, and eating and drinking establishments which serve residents and visitors to the City of Newport Beach. The proposed day spa will provide a service that supports or may benefit from airport operations, consistent with existing and permitted uses in the area. 4. The proposed day spa will not require the provision of additional parking onsite. 5. 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 properties. 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 two-story office building and surface parking lot were constructed in 1979 and have since demonstrated that the current configuration with access taken from Birch Street is physically suitable to accommodate multiple uses. 07-22-2014 Zoning Administrator Resolution No. ZA2015-012 Page 4 of 8 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. 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 20.48.120.6 (Massage Establishments and Services — Waiver of Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts in support of the 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. Although the proposed day spa with ancillary massage services is located within 500 feet of another establishment offering massage (4020 Birch Street, Royal Thai Massage and Day Spa), both are located within managed, multi-tenant commercial office building in areas that are well maintained. 3. The proposed use is a day spa offering facial and waxing services along with ancillary massage. The intended operation will not contribute to a deterioration of the area due 07-22-2014 Zoning Administrator Resolution No. ZA2015-012 Page 5 of 8 to conditions of approval which prevent the establishment from evolving into an independent massage, limiting any concerns regarding blight. 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 office 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 or benefits from the nearby airport. 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 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. UP2015-005, 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 is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 07-22-2014 Zoning Administrator Resolution No. ZA2015-012 Page 6 of 8 PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MARCH, 2015. By: n #reWWisneski, Al P, Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2015-012 Page 7 of 8 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 and 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 start of business. 4. The applicant is required to obtain a valid business license from the City's Revenue Division prior to the start of business. 5. 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. 6. All proposed signs shall be in conformance with provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 7. 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. 8. 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. 9. 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. 10. 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. 11. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 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. 07-22-2014 Zoning Administrator Resolution No. ZA2015-012 Page 8 of 8 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 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. 15. 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. 16. 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. 17. 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. 18. 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 Lemon and Honey Day Spa including, but not limited to, the UP2015-005 (PA2015-014). 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. 07-22-2014