HomeMy WebLinkAbout04_Harbor Thai Massage Minor Use Permit_PA2018-188CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 29, 2018
Agenda Item No. 4
SUBJECT: Harbor Thai Massage (PA2018-188)
Minor Use Permit No. UP2018-017
SITE LOCATION: 2400 West Coast Highway, Suite J
APPLICANT: Harbor Thai (Tom Gunckel)
OWNER: Susan S. Cuse Inc
PLANNER: Liz Westmoreland, Assistant Planner
949-644-3234, lwestmoreland@newportbeachca.gov
LAND USE AND ZONING
Coastal Land Use Category: MU-H (Mixed Use Horizontal)
Coastal Zoning District: MU-MM (Mixed Use Mariner’s Mile)
General Plan: MU-H1 (Mixed-Use – Horizontal)
Zoning District: MU-MM (Mixed-Use – Mariner’s Mile)
PROJECT SUMMARY
The applicant requests a minor use permit to allow the operation of a massage
establishment. The establishment would comprise two massage rooms, a customer
waiting area, and a bathroom. Included is a request to waive location restrictions
associated with massage establishments.
No late hours (after 11:00 p.m.) or alcohol sales are proposed as part of this application.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 Class 1 (Existing Facilities) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2018-017 (Attachment No. ZA 1).
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Harbor Thai Massage
Zoning Administrator, November 29, 2018
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DISCUSSION
The property is designated Mixed Use Horizontal (MU-H1) in the Land Use
Element of the General Plan. This designation on the inland side of Coast Highway
along the highway frontage is intended for marine-related and highway-oriented
general commercial uses in accordance with CM and CG designations. The CM
and CG designations are intended to provide for a wide variety of commercial
activities oriented primarily to serve citywide or regional needs as well as coastal
dependent and coastal related uses.
The proposed massage use is consistent with the MU-H1 designation as it will
provide services that support the surrounding neighborhood and the region.
The subject property is located in the Mixed Use Mariner’s Mile (MU -MM) Zoning
District, which is intended to provide for nonresidential uses along Coast Highway
in Mariner’s Mile.
Pursuant to Table 2-8 of Zoning Code Chapter 20.22.020 (Mixed Use Zoning
Districts Allowed Uses and Permit Requirements), a massage use is a personal
services use that may be permitted in the MU-MM Zoning District subject to the
approval of a minor use permit.
The proposed use is located within the Coastal Zone. However, the proposed
massage use does not result in an increase in overall parking demand and therefore
is not considered a change or intensification of the existing use that would require a
coastal development permit.
Pursuant to Table 3-10 of 20.40.040 (Off-Street Parking Spaces Required), a
massage establishment has a parking rate of one (1) space for every 200 square
feet of gross floor area. The proposed massage use would occupy 350 square feet
and require a total of two parking spaces. The previous use occupying the tenant
space was a personal services use that required a parking rate of one (1) space
per 250 square feet of floor area, or 2 parking spaces. Therefore, based on the
size of the tenant space the parking demand would not change.
The proposed hours of operation for the business are between 10:00 a.m. to 7:00
p.m., 6-days a week (closed Tuesdays). To allow for future flexibility, staff is
recommending a condition of approval limiting the hours to 9:00 a.m. to 8:00 p.m.
The neighboring uses are offices, personal service uses such as salons, and a
restaurant. The facility has proposed hours of operation that are compatible with
the allowed uses in the vicinity, as there will not be any late hours which would
contribute to noise in the area.
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Harbor Thai Massage
Zoning Administrator, November 29, 2018
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The proposed massage use is located within 500 feet of John Wayne Park . The
park serves mainly as a viewing and walking area. There are no playgrounds or
areas designated for children. The subject property has adequate lighting and is
highly visible from the nearby Coast Highway. The subject use is also separated
from the park by a steep slope and public parking lot.
The Police Department has reviewed the request for a waiver of location
restrictions and has no concerns regarding the proposed massage operation.
A condition of approval is included to ensure the applicant will 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
operation of the business.
ENVIRONMENTAL REVIEW
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, Chapter 3, because it has no potential to have a significant effect
on the environment.
The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the allowance of
massage services and does not result in an intensification of use, pa rking, or expansion
in floor area.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
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Harbor Thai Massage
Zoning Administrator, November 29, 2018
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APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
_____________________________
Liz Westmoreland, Assistant Planner
JM/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Description
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2018-017 FOR A MASSAGE USE LOCATED AT 2400
WEST COAST HIGHWAY (PA2018-188)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tom Gunckel of Harbor Thai with respect to property located
at 2400 West Coast Highway and described as Assessor’s Parcel Number 425-471-23
requesting approval of a minor use permit.
2. The applicant requests a minor use permit to allow the operation of a massage
establishment. The establishment would be comprised of two massage rooms, a customer
waiting area, and a bathroom. Included is a request to waive location restrictions
associated with massage establishments.
3. The subject property is designated MU-H1 (Mixed Use Horizontal) by the General Plan
Land Use Element and is located within the MU-MM (Mixed Use Mariner’s Mile) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-H (Mixed Use Horizontal) and it is located within the MU-MM (Mixed Use
Mariner’s Mile) Coastal Zone District. The proposed massage use does not result in an
increase in overall parking demand and therefore is not considered a change or
intensification of the existing use that would require a coastal development permit.
5. A public hearing was held on November 29, 2018 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 hearing 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 hearing.
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) of the Guidelines for CEQA.
2. The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the allowance of
massage services and does not result in an intensification of use, parking, or expansion
in floor area.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020F (Conditional Use Permits and Minor Use Permits –
Findings and Decisions) 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 Mixed Use Horizontal (MU-H1) in the Land Use Element
of the General Plan. This designation on the inland side of Coast Highway along the
highway frontage is intended for marine-related and highway-oriented general
commercial uses in accordance with CM and CG designations. The CM and CG
designations are intended to provide for a wide variety of commercial activities
oriented primarily to serve citywide or regional needs as well as coastal dependent
and coastal related uses.
2. The proposed massage use is consistent with the MU-H1 designation as it will
provide services that support the surrounding neighborhood and the region.
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 the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The subject property is located in the Mixed Use Mariner’s Mile (MU-MM) Zoning
District, which is intended to provide for nonresidential uses along Coast Highway in
Mariner’s Mile.
2. Pursuant to Table 2-8 of Zoning Code Chapter 20.22.020 (Mixed Use Zoning
Districts Allowed Uses and Permit Requirements ), a massage use is a personal
services use that may be permitted in the MU-MM Zoning District subject to the
approval of a minor use permit.
3. Pursuant to Table 3-10 of 20.40.040 (Off -Street Parking Spaces Required), a
massage establishment has a parking rate of one (1) space for every 200 square
feet of gross floor area. The proposed massage use would occupy 350 square feet
and require a total of two parking spaces. The previous use occupying the tenant
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space was a personal services use that required a parking rate of one (1) space per
250 square feet of floor area, or 2 parking spaces. Therefore, based on the size of
the tenant space the parking demand would not change.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with th e
allowed uses in the vicinity.
Facts in Support of Finding:
1. The proposed day spa will occupy a 350-square-foot tenant space in an existing two-
story commercial building. The operation will consist of two (2) treatment rooms, a
customer waiting area, and a bathroom, all of which are included in the existing
commercial space.
2. The proposed hours of operation for the business are 10:00 a.m. to 7:00 p.m., 6-
days a week (closed Tuesdays). To provide future flexibility, the conditions of
approval limit hours from 9:00 a.m. to 8:00 p.m. The neighboring uses are offices,
personal service uses such as salons, and a restaurant. The facility has proposed
hours of operation that are compatible with the allowed uses in the vicinity, as there
will not be any late hours which would contribute to noise in the area.
3. The project site and surrounding area consist of a mixture of professional offices, as
well as retail and service uses, that serve residents and visitors in the surrounding
area. There are residential uses located above the property to the rear on Cliff Drive
as well as John Wayne Park. The proposed day spa will provide a service that
supports residents and visitors, consistent with the existing uses in the area.
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 subject property is located on West Coast Highway, near a public parking lot,
commercial uses, and John Wayne Park. The property contains one two-story
building with several tenant spaces, and a separate two story building that contains
a restaurant. The site is accessible via the driveway on West Coast Highway. The
parking lot provides adequate parking and is conveniently located for patrons and
employees.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property and the proposed massage establishment will not change
this.
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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 has been conditioned with typical daytime hours of operation that will
minimize any potential detriment to the area.
2. The massage use would provide additional services to the residents and visitors in
the surrounding 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.B (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. Although the proposed massage use is located within 500 feet of John Wayne Park,
the park is separated from the use by a City parking lot and a steep slope.
3. There will be no late hours of operation, as the proposed hours are 10:00 a.m. to 7:00
p.m., 6-days a week (closed Tuesdays). To provide future flexibility, hours have been
conditioned to limit operations from 9:00 a.m. to 8:00 p.m., 6-days a week (closed
Tuesdays).
4. A condition of approval is included to ensure the applicant will obtain an Operat or’s
Permit from the Newport Beach Police Department in compliance with Chapter 5.50
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(Massage Establishments) of the Newport Beach Municipal Code prior to operation
of the business.
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, playgrounds, or religious institutions within 500 feet
of the subject property.
2. The proposed massage use is located within 500 feet of John Wayne Park. The park
serves mainly as a viewing and walking area. There are no playgrounds or areas
designated for children. The subject property has adequate lighting and is highly
visible from the nearby Coast Highway. The subject use is also separated from the
park by a steep slope and public parking lot.
3. The Police Department has reviewed the request for a waiver of location restrictions
and has no concerns regarding the proposed massage operation.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2018-017 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 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 .
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PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF NOVEMBER, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING
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 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, 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. If applicable, 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. Strict adherence to Newport Beach Municipal Code 5.50 “Massage Establishments”
must be upheld.
8. The applicant business must apply for and obtain an Operator’s Permit from the Chief
of Police, and keep said permit in good standing.
9. All employees of the applicant business who conduct massage on or off premises must
be certified by the CAMTC (physicians, physical therapists, and chiropractors exempt).
10. As outlined in Newport Beach Municipal Code 5.50.030, the business must maintain
requirements of operation, and submit to inspections by officers of the Police
Department.
11. The owner, operator, or responsible manager’s contact information for the massage
establishment shall be provided to the City of Newport Beach Code Enforcement
Division.
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12. The names of employees shall be posted upon entry and contact information and list of
state certifications shall be provided upon request. A current list of employees shall be
kept onsite and maintained at all times.
13. All windows (except treatment room windows) shall remain visible and transparent in
nature. Window signage shall comply with the City of Newport Beach Municipal Code.
14. The facility shall be maintained in a safe and sanitary condition.
15. No alcohol shall be served or offered onsite.
16. Violations of the Penal Code may invoke revocation of this permit.
17. The hours of operation shall be limited to between 9:00 a.m. to 8:00 p.m., daily
(maximum).
18. All employees shall park on-site.
19. A maximum of two rooms shall be used for massage therapy.
20. All signs shall conform to the provisions of Chapter 20.42 of the Municipal Code.
21. 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.
22. 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.
23. 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.
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 Harbor Thai Massage including, but not limited to, Minor Use Permit No.
UP2018-017 (PA2016-188). 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
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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.
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Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Minor Use Permit No. UP2018-017
PA2018-188
2400 West Coast Highway, Suite J
Subject Property
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Attachment No. ZA 3
Applicant’s Description
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From: Tom Gunckel <tom.gunckel@gmail.com>
Sent: Thursday, October 04, 2018 6:05 PM
To: Westmoreland, Liz
Subject: Re: Update for PA2018-188 Notice of Incomplete Filing
Attachments: image003.jpg
Follow Up Flag: Follow up
Flag Status: Flagged
Thank you Liz. Here is a brief summary. Let me know if I should change anything and please
keep me updated on the timeline. Thanks. Tom
Harbor Thai aims to be a reputable Thai massage spa in the Newport Beach area. The atmosphere will
be relaxing and personal while maintaining the standards of large spa. The staff will consist of 1 or
2 individuals trained in authentic Thai therapy and Thai traditions to give customers an experience
similar to receiving a massage in Thailand. One of the owners will be the primary employee during the
first year. She has a background in Physical Therapy from Thailand. She holds a Masters in Physical
Therapy from Thailand and is a licensed massage therapist in the USA. She has over 10 years working in
Chiropractic and Massage Spa shops in the USA.
Harbor Thai will offers massage and body work only. There will be no goods sold within the
establishment. Business Hours will be 10am-7pm. 6 days a week, closed Tuesday.
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Attachment No. ZA 4
Project Plans
19
Treatment
Room #1
24.75 ft
14.5 ft
6.42 ft
9.66 ft
8 ft
9.42 ft
8 ft
4.5 ft
4.75 ft
6.92 ft
3.16 ft
32”
32”
28”
36”
8 ft
14.5 ft
Fogged Glass
57”W 27.5”H
Clear
Glass
Fogged Glass
57”W 27.5”H
Fogged Glass
57”W 27”H
FRONT OF UNIT
Harbor Thai
2400 West Coast Highway Suite J
Newport Beach, California 92663
Business License #: BT30064049
www.HarborThai.com
FLOOR PLAN
Fogged Glass
Treatment
Room #2
CURRENT FLOOR PLAN
As of 8/1/2018
(NO NEW CONSTRUCTION)
Clear Glass 20
24.75 ft
14.5 ft
Harbor Thai
2400 West Coast Highway Suite J
Newport Beach, California 92663
Business License #: BT30064049
www.HarborThai.com
CEILING ELECTRICAL
Round Junction Box
Square Junction Box
(12” down wall)
Fogged Glass Clear Glass
CURRENT FLOOR PLAN
As of 8/1/2018
(NO NEW CONSTRUCTION)
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