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HomeMy WebLinkAboutPA2022-023_20220512_Resolution_ZA2022-033Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 13, 2022 Marc Thomas Vytal Ventures, LLC 270 E. Baker Street, Suite 300 Costa Mesa, CA 92626 mthomas@restore.com Subject: Minor Use Permit No. CD2022-004 (PA2022-023) at 1062 Irvine Avenue (Restore Hyper Wellness) 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 12, 2022 and is now within the required City appeal period until May 26, 2022. If no appeals are filed with the City, a building permit may be issued for the project upon conclusion of the appeal period. A copy of the approved resolution with findings and conditions is attached. A copy of the resolution must be photocopied onto a plan sheet and included with all plan sets for building permit issuance. 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, ls/MKN RESOLUTION NO. ZA2022-033 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2022-004 FOR A PERSONAL SERVICES, RESTRICTED LAND USE, LOCATED AT 1062 IRVINE AVENUE (PA2022-023) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Vytal Ventures, LLC dba Restore Hyper Wellness (Applicant) with respect to property located at 1062 Irvine Avenue and legally described as Lot 8 of Tract 4824, seeking approval of a minor use permit. 2. The Applicant requests approval to establish a wellness day spa offering various non- medical health services for chronic pain management, injury recovery, athletic performance and general wellness, within a 3,737-square-foot tenant space of an existing multi-tenant commercial building. The Minor Use Permit is required because the business is considered a Personal Services, Restricted land use. 3. The subject property is categorized Neighborhood Commercial (CN) by the General Plan Land Use Element and is within the Commercial Neighborhood (CN) Zoning District. 4. The subject property is not located in the coastal zone. 5. A public hearing was held on May 12, 2022, via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (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 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. Zoning Administrator Resolution No. ZA2022-033 Page 2 of 8 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 CN Neighborhood Commercial land use designation is intended to provide for a limited range of retail and service uses developed in one (1) or more district centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The proposed wellness day spa comports with this intent. 2. The wellness day spa will provide services to those who live, work, and visit the city. The project would allow for continued use of the existing commercial space in a manner consistent with the surrounding adjacent on-site commercial uses. 3. The property is not located within 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 Commercial Neighborhood (CN) Zoning District is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. 2. The business is considered a “Personal Services, Restricted” land use because it provides specialized healing treatments (“healing arts”) including IV Drip therapy, Cryotherapy, Infrared Sauna, Red Light therapy, Cryoskin treatment, Hydra facials and Hyperbaric Oxygen therapy. The Personal Services, Restricted land use category applies to service establishments that may 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 land use because none of the offered services require the presence of a physician on-site. According to Table 2-5 of NBMC Chapter 20.20 (Commercial Zoning Districts), a Personal Services, Restricted use is allowed in the Neighborhood Commercial (CN) zone, subject to the approval of a minor use permit. 3. Project implementation will consist of tenant improvements to bring the existing suite into compliance with Building and Fire Code safety and accessibility requirements. Zoning Administrator Resolution No. ZA2022-033 Page 3 of 8 4. A retail clothing store previously occupied the subject suite and conversion to a “Personal Services, Restricted” land use does not change parking demand. Pursuant to Table 3-10 of NBMC Section 20.40.040 (Off-Street Parking Requirements), personal services and general retail uses are parked at the same rate of 1 space per 250 square feet of gross floor area. A surface parking lot provides shared parking for the overall commercial center. 5. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides separate areas for various treatments and IV Drip treatments, which are considered an ancillary medical use, will constitute less than 25 percent of the floor area. 6. 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 existing land uses. The proposed wellness day spa is consistent with the surrounding restaurant, retail, and other service uses in the vicinity. 2. Based on operational characteristics, the use is not considered a medical land use. IV Drip treatments (an ancillary medical use) constitute less than 25 percent of the overall floor area, thereby limiting any potential blight or deterioration to the surrounding area. The business will have a Registered Nurse and a licensed Esthetician on duty, does not administer medications and is not required to have a physician on-site. 3. The proposed use will not require the provision of additional parking on-site, as discussed in Fact in Support of Finding B.4 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 7 p.m., Monday to Friday, and Saturday to Sunday, 8 a.m. to 6 p.m. This will help to limit any potential late night or early morning land use conflicts with allowed uses on nearby properties. Zoning Administrator Resolution No. ZA2022-033 Page 4 of 8 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. All proposed tenant improvements, with the exception of signage, are limited to the inside of the existing building and will not affect pedestrian circulation, parking spaces, or access to existing tenants. Adequate public and emergency vehicle access is taken from Westcliff Drive and Irvine Avenue. Public services and utilities are adequately 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 and visitors to Newport Beach. 2. See Fact in Support of Finding C.5 related to hours of operation. 3. 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. 4. The proposed suite is an existing commercial 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. 5. The proposal has been reviewed by the Building Division, 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. ZA2022-033 Page 5 of 8 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. UP2022-004, 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 12TH DAY OF MAY, 2022. Zoning Administrator Resolution No. ZA2022-033 Page 6 of 8 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved 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. The hours of operation shall be limited to between 8 a.m. and 7 p.m., Monday to Friday, and between 8 a.m. and 6 p.m. Saturday to Sunday. 5. IV Drip treatments (an ancillary medical use) shall constitute less than 25 percent of the overall floor area. 6. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. 7. 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). 8. Minor Use Permit No. UP2022-004 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. 9. 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. 10. 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. ZA2022-033 Page 7 of 8 11. 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. 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. 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 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. 15. 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). 16. 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. 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 NBMC. 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 Restore Hyper Wellness including, but not limited to, Minor Use Permit No. UP2022-004 (PA2022-023). 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. Zoning Administrator Resolution No. ZA2022-033 Page 8 of 8 Building Division 19. 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 Building Code (2019 California Code Edition). The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. Fire Department 20. The facility is a B occupancy and will not be considered an ambulatory care facility. However, the bariatric chamber (Cryotherapy) will require compliance with NFPA 99, and a fire communication system (like a fire alarm system) will be required.