Loading...
HomeMy WebLinkAbout20190516_Resolution_ZA2019-035Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 16, 2019 Wallada Corp 941 McFadden Avenue Santa Ana CA, 92707 Panutai26@hotmail.com Subject: Minor Use Permit No. UP2019-013 (PA2019-030) 3848 Campus Drive Tida Thai Day Spa Dear Ms. Panutai, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on May 16, 2019 and effective on May 31, 2019. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, Liz Westmoreland, Assistant Planner JM/law RESOLUTION NO. ZA2019-035 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2019-013 FOR A MASSAGE USE LOCATED AT 3848 CAMPUS DRIVE, UNIT 105 (PA2019-030) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Wallada Corp, with respect to property located at 3848 Campus Drive, Unit 105 and legally described as Lot 10 of Tract 3201, requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow the operation of a massage establishment within an existing tenant suite. No construction is proposed. The establishment will provide six (6) massage rooms, a customer waiting area, and an employee break room. A maximum of three (3) massage technicians will provide the massage service at any given time. The proposed hours of operation are 9:00 a.m. to 8:30 p.m., daily. Included is a request to waive location restrictions associated with massage establishments. 3. The subject property is designated Airport Office and Supporting Uses (AO) by the General Plan Land Use Element and is located within the Office Airport (OA) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on May 16, 2019 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 in an existing tenant space and does not result in an intensification of use, parking, or expansion in floor area. Zoning Administrator Resolution No. ZA2019-035 Page 2 of 9 01-25-19 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (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) in the Land Use Element of the General Plan. This designation is intended to provide for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations. These may include professional offices, aviation uses, and ancillary retail, restaurant, and service uses. 2. The proposed massage use is consistent with the AO designation as it will provide services that support the surrounding commercial uses and the region at large. 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 Municipal Code. Facts in Support of Finding: 1. The subject property is located in the Office Airport Zoning District, which is intended to provide for uses that support or benefit from airport operations. These may include corporate and professional offices, accessory retail, restaurant, service uses, etc. 2. Pursuant to Table 2-4 of Newport Beach Municipal Code Section 20.22.020 (Commercial Zoning Districts Land Uses and Permit Requirements), a massage use is a personal services use that may be permitted in the OA Zoning District subject to the approval of a minor use permit. 3. Pursuant to Table 3-10 of Newport Beach Municipal Code Section 20.40.040 (Off - Street Parking Spaces Required), the City may establish the parking requirement for a massage establishment through the use permit process. Although six (6) massage rooms are provided, the project has been conditioned to limit a maximum of three (3) massage technicians providing massage services at any given time. In addition, the couple’s massage room, often servicing customers who utilize a single vehicle, is predicted to lighten parking demand. Lastly surveys of the parking lot revealed that Zoning Administrator Resolution No. ZA2019-035 Page 3 of 9 01-25-19 on average, 32 percent of the spaces in the 76-space parking lot were vacant during weekday peak hours ensuring that adequate parking is available throughout the day. Based on the proposed operation as conditioned and the availability of parking, a rate of one (1) parking space for every 250 square feet is appropriate in this case. The recommended parking requirement is the same standard required of the previous office use; therefore, the proposed change does not result in an intensification of use and no additional parking is required. 4. Considering these conditions, along with the other low-impact operational characteristics of the use, evidence exists to support that the proposed use will ultimately result in a similar parking demand to the prior professional office use. A condition of approval is included to ensure that the project continues to provide one (1) parking space per 250 square feet of floor area. 5. 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 Newport Beach Municipal Code. These sections provide standards for the establishment, location, and operation of massage establishments operated as an independent us e. The intent is to promote the operation of legitimate massage services and to prevent proble ms of blight and deterioration that may accompany and result from large numbers of massage establishments. 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 massage operation will occupy a 1,711-square-foot tenant space in an existing two (2)-story commercial building. The operation will consist of six (6) potential massage rooms, a customer waiting area, and an employee breakroom; all of which are included in the existing commercial space. 2. The proposed hours of operation for the business are between 9:00 a.m. and 8:30 p.m., seven (7) days a week. The neighboring uses consist of offices, storage, vehicle service, a sandwich shop, various personal services, and fitness facilities. The project’s proposed hours of operation 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. The proposed massage use will provide a service that supports residents and visitors, consistent with the existing uses in the area. Zoning Administrator Resolution No. ZA2019-035 Page 4 of 9 01-25-19 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 Campus Drive in the Airport Area, near commercial uses and next to the southern boundary of John Wayne Airport. The property contains one (1) two (2)-story building with multi-tenant spaces. The site is accessible via the driveways on Campus Drive and Quail Street. The parking lot that encompasses the tenant building provides adequate parking and is conveniently located for patrons and employees. 2. A parking survey illustrates that the 76 spaces are adequate to accommodate parking demand 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. 3. Adequate public and emergency vehicle access, public services, and utilities are provided on the property and the proposed massage establishmen t 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 has been conditioned with typical daytime hours of operation that will minimize any potential detriment to the area. 2. The proposed 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 effects to the City or persons visiting or working in the surrounding neighborhood. Zoning Administrator Resolution No. ZA2019-035 Page 5 of 9 01-25-19 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 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 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 another establishment offering massage services, it is located in a separate development and is sufficiently separated from other massage servi ces, the closest of which is located approximately 470 feet away at 3900 Birch Street, Suite 101 . 3. There will be no late hours of operation, as the proposed hours are 9:00 a.m. to 8:30 p.m., seven (7) days a week. 4. 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. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area. Fact in Support 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 develop ment 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. Additionally, there are no residential uses within the surrounding area. Finding: H. The proposed use will not adversely affect a religious institution, school, park, or playground. Zoning Administrator Resolution No. ZA2019-035 Page 6 of 9 01-25-19 Facts in Support of Finding: 1. The proposed use is located adjacent to John Wayne Airport and commercial uses. There are no public or private schools, playgrounds, or religious institutions within 500 feet of the subject property. 2. The subject property has adequate lighting and is visible from Campus Drive and Quail Street. 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. UP2019-013 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. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF MAY, 2019. __________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2019-035 Page 7 of 9 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 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. This approval does not authorize any unpermitted improvements. Any unpermitted improvements shall be removed or a building permit shall be obtained for the work. 4. This approval does not authorize a “personal services, restricted” land use such as a day spa (as defined by the City of Newport Beach Zoning Code Section 20.70.020 Definitions). 5. 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. 6. 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. 7. All signs shall conform to the provisions of Chapter 20.42 of the Municipal Code. 8. Minor Use Permit No. UP2019-013 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. 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 Minor Use Permit. 10. The facility shall be maintained in a safe and sanitary condition. 11. No alcohol shall be served or offered on-site. 12. Violations of the Penal Code may invoke revocation of this permit. Zoning Administrator Resolution No. ZA2019-035 Page 8 of 9 01-25-19 13. The hours of operation shall be limited to between 9:00 a.m. to 8:30 p.m., daily (maximum). 14. A maximum of three (3) massage technicians shall perform massage services at any given time. 15. Should the property be sold or otherwise come under different ownership, any futur e owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 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. 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 Tida Thai Day Spa including, but not limited to, Minor Use Permit No. UP2019- 013 (PA2019-030). 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. POLICE DEPARTMENT 18. Strict adherence to Newport Beach Municipal Code Chapter 5.50 (Massage Establishments) must be upheld. 19. The applicant business must apply for and obtain an Operator’s Permit from the Chief of Police, and keep said permit in good standing. 20. All employees of the applicant business who conduct massage services on the premises must be certified by the California Massage Therapy Council (CAMTC) (physicians, physical therapists, and chiropractors exempt). 21. As outlined in Newport Beach Municipal Code Section 5.50.030, the business must maintain requirements of operation, and submit to inspections by officers of the Police Department. Zoning Administrator Resolution No. ZA2019-035 Page 9 of 9 01-25-19 CODE ENFORCEMENT 22. 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. 23. 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 on-site and maintained at all times. 24. 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.