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HomeMy WebLinkAboutZA2021-035 - APPROVING MINOR USE PERMIT NO. UP2021-004 FOR PERSONAL IMAGE CONSULTING AND ANCILLARY AESTHETIC TREATMENTS, A PERSONAL SERVICES, RESTRICTED LAND USE, LOCATED AT 3412 VIA OPORTO, SUITE 203 (PA2021-011)RESOLUTION NO. ZA2021-035 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2021-004 FOR PERSONAL IMAGE CONSULTING AND ANCILLARY AESTHETIC TREATMENTS, A PERSONAL SERVICES, RESTRICTED LAND USE, LOCATED AT 3412 VIA OPORTO, SUITE 203 (PA2021-011) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Heidi Linder (Applicant) with respect to property located at 3412 Via Oporto, Suite 203 and legally described as Parcel 1 of Resubdivision No. 416 seeking approval of a minor use permit. 2. The Applicant requests to establish a personal image and lifestyle consulting office within a 940-square-foot tenant space of an existing commercial office building. The Minor Use Permit is required because a portion of the tenant space would be used for ancillary aesthetic treatments (i.e., Botox injections), which is considered a Personal Services, Restricted land use. 3. The subject property is categorized Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is within the Mixed-Use Water (MU-W2) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2) Coastal Zone District. 5. The project is exempt from coastal development permit requirements because it does not meet the definition of “development” pursuant to Newport Beach Municipal Code (NBMC) Section 21.52.035.2 (Other Existing Structures). There are no improvements to the structure that result in changes in floor area, increase to parking demand, or otherwise change the general level of activity in the area. 6. A public hearing was held online on June 24, 2021, via Zoom observing restrictions due to the Declaration of a State Emergency and Governor’s Executive Order No. N-08-21related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code Zoning Administrator Resolution No. ZA2021-035 Page 2 of 9 01-25-19 of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 3. Project implementation will consist of a limited tenant improvement and there would be no intensification of use beyond the existing office use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC, 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 Mixed-Use Water Related (MU-W2) General Plan and Coastal Land Use Plan land use designations apply to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Although the property and surrounding development do not include residential uses, the consulting office project is consistent with the visitor-serving land uses intended for the Mixed-Use Water Related (MU-W2) land use designation. 2. The consulting office provides image and lifestyle services to those who live, work, and visit Newport Beach. The project would allow for continued use of the existing office space, while maintaining the character of Lido Marina Village. 3. The Circulation Element Goal 7.1 (Parking) of the General Plan is to ensure an adequate supply of convenient parking is available throughout the City. Information provided in the Lido Marina Village Parking Demand Analysis and in accordance with the approved Parking Management Program (Conditional Use Permit No. UP2014- 014) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. 4. The property is not part of a specific plan area. Zoning Administrator Resolution No. ZA2021-035 Page 3 of 9 01-25-19 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 Mixed-Use Water Related (MU-W2) Zoning District applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. 2. The business is considered a “Personal Services, Restricted” use because of the ancillary Botox injection service. The “Personal Services, Restricted” use applies to service establishments that may tend to have a blighting or deteriorating effect upon surrounding areas, such as day spas, tanning salons, and tattoo shops. The space is not considered a medical use since the Botox treatment is ancillary to the primary consulting use. The treatment area would not occupy more than 25 percent of the tenant space (or more than 235 square feet). According to Table 2-9 of NBMC Chapter 20.22 (Mixed Use Zoning Districts), a “Personal Services, Restricted” use is allowed under the MU-W2 zoning, subject to the approval of a minor use permit. 3. The consulting aspect of the business is based on personal image recommendations and client referrals to local businesses and services. Secondary to the consulting use, limited Botox treatments would be provided on-site pursuant to the Physician Assistant Practice Act. All consultations and treatments would be provided by one (1) employee, who is a licensed physician’s assistant. 4. The consulting office is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing tenant space will provide a new service to Lido Marina Village. 5. An existing general office currently occupies the subject suite, but conversion to a “Personal Services, Restricted” does not change parking demand. Pursuant to Table 3-10 of NBMC 20.40.040 (Off-Street Parking Requirements), personal services and general office uses are parked at the same rate of 1 space per 250 square feet of gross floor area. Enough parking is provided with the implementation of Lido Marina Village’s Parking Management Plan approved with Use Permit No. 2014-014 and amended under Use Permit No. UP2017-019. 6. The project is consistent with the Lido Marina Village Parking Management Program authorized under Conditional Use Permit No. UP2014-014. No on-site parking is available for the property. Adequate parking is provided in the Lido Marina Village parking structure and adjacent street as authorized under the approved Parking Management Program for Lido Marina Village Conditional Use Permit No. UP2014- 014. Zoning Administrator Resolution No. ZA2021-035 Page 4 of 9 01-25-19 7. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides a consultation and limited treatment area. The Applicant is required to maintain substantial conformance with the approved floor plan so that the business’s primary use is a consulting office and not a medical office. 8. As conditioned, the proposed use will comply with all other applicable provisions of the NBMC. 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 project is located within an existing commercial building. The design, size, location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. The proposed office is consistent with the surrounding restaurant, retail, and other office uses in the development. 2. Based on operational characteristics, the use is not considered medical land use. Ancillary Botox treatments offered constitute a small portion of the overall floor area, thereby limiting any potential blight or deterioration to the surrounding area. 3. The proposed use will not require the provision of additional parking on-site, as discussed in Fact in Support of Finding B.5 4. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes. 5. As conditioned, the allowed hours of operation are from 8 a.m. to 6 p.m., daily. This will help to limit any potential late night or early morning land use conflicts with allowed uses on nearby properties. The project provides specialized, individual consultations by appointment, and this lower type of intensity is expected to maintain compatibility with the various uses in Lido Marina Village. 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. Zoning Administrator Resolution No. ZA2021-035 Page 5 of 9 01-25-19 Facts in Support of Finding: 1. All proposed tenant improvements, with exception of signage, would be limited to the inside of the existing office building and would not affect pedestrian circulation, parking spaces, or access to existing tenants. Adequate public and emergency vehicle access is taken from Via Oporto and Central Avenue from Via Lido, public services, and utilities are provided for on-site. 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and plans will be reviewed prior to the issuance of building permits. 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 proposed use is intended to serve residents of and visitors to Newport Beach. 2. See Fact in Support of Finding C.5. 3. A consulting office with ancillary aesthetic treatments located in Lido Marina Village would operate similarly to a standard professional office and would not constitute a hazard to the public. 4. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses and City as a whole are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the business. 5. The proposed suite is an existing commercial office space within an existing multi-tenant building, which has been historically occupied by similar uses. The space has not proven unsuitable for this type of use. 6. 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. Zoning Administrator Resolution No. ZA2021-035 Page 6 of 9 01-25-19 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilitates) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2021-004, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. 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 24TH DAY OF JUNE, 2021. Zoning Administrator Resolution No. ZA2021-035 Page 7 of 9 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. The hours of operation shall be limited to between 8 a.m. and 6 p.m., daily. 5. The aesthetic treatment area shall not exceed 25 percent of the tenant suite or 235 square feet. 6. Aesthetic treatment services shall be limited to Botox injections only. Any additional services shall be reviewed by the Planning Division and may require the processing of an amendment to this Minor Use Permit or a new use permit. 7. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. 8. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 9. Use Permit No. UP2021-004 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Exceptions), unless an extension is otherwise granted. 10. This 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 Use Permit or the processing of a new Use Permit. Zoning Administrator Resolution No. ZA2021-035 Page 8 of 9 01-25-19 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 site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 14. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7 a.m. and 10 p.m. Between the hours of 10 p.m. and 7 am. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 15. 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. 16. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 17. 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. 18. The exterior of the business shall always be maintained free of litter and graffiti. 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. 19. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). Zoning Administrator Resolution No. ZA2021-035 Page 9 of 9 01-25-19 20. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 21. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 22. 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. 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 NBMC. 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 J’Dermé including, but not limited to, Minor Use Permit No. UP2021-004 (PA2021-011). 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. Building Division 25. A building permit shall be required to authorize the ancillary Botox procedures and demonstrate compliance with all applicable Building and Safety Code requirements, including disabled access standards.