HomeMy WebLinkAbout02_Restore Hyper Wellness Minor Use Permit_PA2022-023CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT May 12, 2022 Agenda Item No. 2
SUBJECT: Restore Hyper Wellness (PA2022-023)
Minor Use Permit No. UP2022-004 SITE LOCATION: 1062 Irvine Avenue
APPLICANT: Vytal Ventures, LLC (dba Restore Hyper Wellness)
OWNER: Marc Thomas
PLANNER: Liane Schuller, Planning Consultant 949-644-3200 or lschuller@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: Neighborhood Commercial (CN)
•Zoning District: Commercial Neighborhood (CN)
PROJECT SUMMARY
The Applicant requests a minor use permit to establish a wellness day spa within a 3,737-square-foot tenant space in an existing commercial center. A Minor Use Permit is required because the business offers various non-medical health services for chronic pain management, injury recovery, athletic performance and general wellness, and is considered
a Personal Services, Restricted land use.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project 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 nopotential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.UP2022-004 (Attachment No. ZA 1).
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Restore Hyper Wellness (PA2022-023) Zoning Administrator, May 12, 2022 Page 2
DISCUSSION
• The subject 3,737-square-foot suite is located in the Westcliff Plaza multi-tenant commercial center, located at the northeast corner of Irvine Avenue and Westcliff
Drive. Surrounding land uses include a mix of retail, service, and restaurant uses.
• 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.
• The business is considered a “Personal Services, Restricted” land use because it provides specialized healing treatments (“arts”) including Cryotherapy, Infrared Sauna, Red Light therapy, Cryoskin treatment, Hydra facials and Hyperbaric Oxygen therapy, and IV Drip therapy (an ancillary medical office use). 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 Newport Beach Municipal Code (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.
• A retail clothing store previously occupied the subject suite and the 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. The business
encourages appointments for services and will also accommodate walk-ins when
possible. The proposed business hours are Monday to Friday, between 8 a.m. and 7 p.m., and Saturday to Sunday, between 8 a.m. and 6 p.m.
• Project implementation will consist of tenant improvements to bring the existing suite into compliance with Building and Fire Code safety and accessibility requirements.
• The proposed use is consistent with the CN Neighborhood Commercial land use designation and Commercial Neighborhood (CN) zoning district, as identified in the attached draft Resolution for approval (Attachment No. ZA 1). The proposed wellness day spa will provide services to those who live, work, and visit the city.
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Restore Hyper Wellness (PA2022-023) Zoning Administrator, May 12, 2022 Page 3
The project would allow for continued tenancy of the existing commercial space in a manner consistent with the surrounding adjacent on-site commercial uses.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 150301 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. 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.
Project implementation would consist of a limited tenant improvement to bring the
existing suite into compliance with Building Code accessibility requirements. There
will be no intensification of use and no change of the existing building occupancy classification.
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.
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:
MKN/ls
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
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.
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Zoning Administrator Resolution No. ZA2022-###
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.
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Zoning Administrator Resolution No. ZA2022-###
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.
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Zoning Administrator Resolution No. ZA2022-###
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.
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Zoning Administrator Resolution No. ZA2022-###
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.
__________________________
Jaime Murillo, Zoning Administrator
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Zoning Administrator Resolution No. ZA2022-###
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 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 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.
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Zoning Administrator Resolution No. ZA2022-###
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.
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Zoning Administrator Resolution No. ZA2022-###
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.
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Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Minor Use Permit No. UP2022-004
(PA2022-023)
1062 Irvine Avenue
Subject Property
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Attachment No. ZA 3
Applicant’s Project Description
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July 17, 2021
To Whom It May Concern:
Restore Hyper Wellness is on a mission to make cutting edge wellness and therapeutic services widely
accessible and affordable, so that we can improve lives and enable our customers to do more of what
they love to do. Founded in 2015, Restore is the market leader in one of the fastest-growing segments
of non-medical health and wellness care. Restore helps people in need of chronic pain management,
accelerated injury recovery, improved athletic performance, and healthspan longevity. Its most popular
services include Whole Body Cryotherapy and IV Drip Therapy, but it also offers modalities such as Red
Light Therapy, Infrared Sauna, Cryoskin, Hydra Facials, and Hyperbaric Oxygen Therapy. Restore does
have a Registered Nurse and a licensed Esthetician on duty, but does not administer medications and is
not required to and does not have a physician on premise. Its offerings are more accurately categorized
as “personal services” in the same vein as massage therapy or waxing services, but with an emphasis on
improving physical and mental health.
Below is a typical prototype floor plan of a Restore Hyper Wellness center:
Here is a room by room breakdown of services:
•Reception: This is the greeting and waiting area for customers. The front desk is typically
managed by one or more “Hyper Wellness Technicians,” which is a non-medical role that
typically assist with sales, customer service, and operations of the center.
restere
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16
•Open IV Drip/Compression: This is where customers will relax in chairs or lounges while
receiving IV drip therapy. Each session lasts 30-60 minutes. This area is managed by the
Registered Nurse on duty.
•Nurse/Mixing: This is the Registered Nurse’s office where he/she prepares conducts one-on-one
consultations with customers and then prepares the IV solutions for the drips.
•Quiet Drip: This serves the same function as the Open IV Drip area, except it is meant to be a
quiet area for resting or reading. This area is also managed by the Registered Nurse on duty.
•Flex: This is a spare room to be used as a changing room, for storage, or for future services TBD.
•Stretch: This area typically has one of two stretch tables and is the location where customers
receive stretching performed by a trained mobility specialist. Sessions typically last 15-60
minutes.
•Laundry/Galley: Self-explanatory. For employees only.
•Cryo Room: This is where the cryotherapy chamber resides. Customers change in the nearby
dressing rooms to prepare for their cryotherapy session, which typically lasts only around 3
minutes. The Cryo Chamber is operated by a Hyper Wellness Technician.
•Tank: If a liquid nitrogen tank is required for the operations of the cryotherapy chamber (which
is not planned for this site), then it would go in a separate room, which is not accessible by the
public. However, for this site, we intend to use an electric cryotherapy chamber, which will not
require a tank, but will instead require a compressor and chiller.
•PBM/ADA Dressing Room: This room doubles as an ADA dressing room for the Cryo Chamber.
It also serves customers who are receiving PhotoBioModution (PBM), also known as Red Light
Therapy. Customers typically sit or stand in front of the red light panels for 15-30 minutes. This
room is operated by a Hyper Wellness Technician.
•Sleep Therapy: This room houses a one or two hyperbaric oxygen therapy chambers, in which
customers relax and/or sleep while receiving pressurized oxygen therapy. Each session typically
lasts 30-60 minutes. This room is managed by the Registered Nurse on duty.
•Cryoskin: This room services customers receiving Cryoskin or HydraFacial treatments. Each
session typically lasts 30-60 minutes. This room is managed by the Esthetician on duty.
•Dry Sauna: This room serves customers engaging in infrared sauna therapy. Customers typically
sit in the sauna for 15-60 minutes. This room is operated by a Hyper Wellness Technician.
•Shower/Toilet/Closet: Self-explanatory.
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rest0re
HYPER WELLNESS + C RYOTHERAPY
Restore Hyper Wellness + Cryotherapy -Business Description
Prepared by: Restore Corporate
Purpose of this Report:
• To provide an overall description of the services offered at any retail location of
Restore Hyper Wellness+ Cryotherapy, as well as explain our reasoning as a
Business Occupancy.
Objectives:
• Description of offered services.
• Explain why Restore is a Business Occupancy.
Description of offered services:
• Restore provides services catering to a proactive health and wellness lifestyle, with the
purpose of serving healthy individuals seeking a healthy life. Our services are not
medical and do not attempt to heal illnesses in any way. The services we currently offer
include:
o IV Drip Therapy. Restore offers a variety of IV Drip "cocktails" (vitamin and
mineral mixes) for different results, all aiming to improve the customer's wellness
for an extended period of time.
o Sleep Therapy. This service puts the customer in an Oxygen-rich, high-altitude
environment (the Vitaeris 320) to better improve blood flow and stamina.
o IR Saunas. This service is a typical hot sauna with embedded IR lighting to
enhance cellular activity.
o Compression Therapy. This service is generally performed with compression
pants and compresses/decompresses over a period of time, enhancing blood
flow throughout the customer's legs. It can also be done in a jacket for upper
body but is less common.
o Red Light (PBM) Therapy. This service enhances cellular activity on the surface
and just below the surface of the skin. The result is generally healthy and smooth
skin and an overall feeling of better wellness.
o Stretch Therapy. This service is provided by licensed Stretch Therapists and
consists of 15 minute, 30 minute, and 1 hour sessions of stretching based on the
customer's needs.
o Proprietary non-invasive Allergy Relief. This service determines the
customer's strongest allergens through non-invasive testing of the skin and
creates a cream catered to the customer's needs. The goal is to adjust the
customer's immune system over time and build immunity to the allergen.
o Cryoskin Therapy. This service is conducted in a private room and uses the
Cryoskin machine to get rid of fat and tone the body.
o Local Cryotherapy. This service uses a small cryo machine with a hose for
localized cryotherapy on the customer's desired area. The purpose is generally to
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relieve pain and rejuvenate the cells in the area to promote quicker injury
recovery.
o Whole Body Cryotherapy. This service is one of the most popular services
offered by Restore, where a customer stands in a whole body cryo machine for
2.5 to 3 minutes. The goal is to cool the customers skin temperature to 45
degrees, sending the body into a freezing state where cells are energized and
blood flow to all vital organs is improved in the body's effort to fight the cold. The
purpose is to "restart" your body as well as recover from injury faster, and has an
instant effect of feeling better.
■ The cryotherapy machine is cooled using liquid N2 via a VJ pipe
connection to a liquid N2 storage tank. Note that no liquid N2 actually
touches the customer, as it is fed through piping in the machine which
cools the air around it, but the liquid N2 is then vented out of the building,
without ever coming into contact with a person. The cooled air is vented
into and out of the chamber which cools the customer.
Business Occupancy:
• First Reasoning
o We feel Ambulatory Health Care Occupancy and Health Care Occupancy do not
apply to Restore. These specifically refer to individuals of 4 or more
simultaneously receiving services, on an outpatient basis, which may render
them incapable of taking action for self-preservation under emergency situation
without the assistance of others.
o Restore clients receiving any service including Vitamin IVs are capable of taking
action for self-preservation at any point of their Restore visit. Clients at Restore
do not receive any dangerous or controlled substances, including anesthesia,
that would render them incapable of taking action in emergency situations.
Restore clients are receiving Vitamin IVs while fully cognizant and aware of their
surroundings. In the event of an emergency during any point of their Vitamin IV
they can remove the catheter themselves if speed is necessary or exit Restore
with the mobile stand and/or Vitamin IV bag in hand.
o Note -If the statement above does not address the concerns I questions about
the function of the space servicing the IV drip room as it pertains to the
requirement of ambulatory health occupancy, Restore can simply reduce the
number of IV drip chairs to (3) in an effort to maintain the proposed business
occupancy and all its associated requirements.
• Second Reasoning
o NEC 517.2 Invasive Procedure:
■ A new definition of the term "invasive procedure" has been added to
517.2 and includes any procedure that penetrates the protective surfaces
of a patient's body (i.e., skin, mucous membrane, cornea) and that is
performed with an aseptic field . Note that not included in this category are
placement of peripheral intravenous needles or catheters used to
19
administer fluids or medications, gastrointestinal endoscopies, insertion of
urethral catheters and other similar procedures.
o In our opinion, Restore does not meet the definition as outlined here. While we
are penetrating the patient's body, we are not doing it through aseptic means.
Also, this category specifically does not include placement of intravenous
needles, etc.
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Attachment No. ZA 4
Project Plans
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