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HomeMy WebLinkAbout04_The NOW Massage MUP_PA2024-0089 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT August 29, 2024 Agenda Item No. 4 SUBJECT: The NOW Massage (PA2024-0089) ▪ Minor Use Permit Amendment SITE LOCATION: 2600 East Coast Highway, Suite 120 APPLICANT: Michael Nash OWNER: SMM 2600 PCH LLC PLANNER: Jenny Tran, Associate Planner 949-644-3212 or jtran@newportbeachca.gov LAND USE AND ZONING • General Plan Land Use Plan Category: CC (Corridor Commercial) • Zoning District: CC (Commercial Corridor) PROJECT SUMMARY The applicant is requesting an amendment to their existing minor use permit (MUP) that authorized a massage use at the subject property. The existing MUP was approved on October 12, 2023, and included a condition (Condition No. 5) that limited the number of massage technicians allowed onsite and/or performing massage services at any given time. The applicant is requesting to remove this condition to allow full use of the suite. No other changes are proposed. Additionally, no late hours are proposed (after 11:00 p.m.). If approved, this MUP would supersede MUP (PA2023-0114). 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 no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving the Minor Use Permit filed as PA2024-0089 (Attachment No. ZA 1). 1 The NOW Massage (PA2024-0089) Zoning Administrator, August 29, 2024 Page 2 Tmplt: 01/18/23 DISCUSSION • The project site is in the CC (Commercial Corridor) Zoning District and the CC (Corridor Commercial) General Plan Land Use that is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. While the existing massage establishment is adjacent to residential neighborhoods, the tenant space is oriented towards East Coast Highway where the properties fronting East Coast Highway are also in the CC (Commercial Corridor) Zoning District. • The massage establishment is consistent with the CC General Plan designation as it will provide a commercial use to serve nearby residential neighborhoods and visitors to the area. Pursuant to Table 2-5 of the Newport Beach Municipal Code (NBMC) Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements), a massage establishment is permitted in the CC Zoning District subject to approval of a minor use permit. • On October 12, 2023, a Minor Use Permit (PA2023-0114) was approved by the Zoning Administrator to allow the operation of a 2,000 square-foot massage establishment with eight individual massage rooms, a transition room, a lobby, and reception area. • Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, the required parking rate for a massage establishment is one parking space for every 200 square feet of gross floor area, or as determined by an approved use permit. • The adjacent tenant space (Sugarfish Restaurant) operates under an existing Conditional Use Permit (PA2022-0149), approved January 5, 2023, that included a parking management plan and parking waiver for 19 required off-street parking spaces. A parking study was prepared by Trames Solutions, Inc. on November 18, 2022, to support the request. The parking study established a parking demand for the property including Sugarfish Restaurant and the other suites. Suite 120, which is the subject tenant space, was vacant during the evaluation and only allocated eight parking spaces, assuming a rate of one space per 250 square-feet of gross floor area. • As part of the approved MUP (PA2023-0114), a reduced parking rate of one space per 250 square feet of gross floor area was authorized consistent with the prepared parking study. Condition of Approval No. 5 was included that limited operations to no more than five massage technicians onsite and/or performing massage services at any given time to justify the reduced parking rate. 2 The NOW Massage (PA2024-0089) Zoning Administrator, August 29, 2024 Page 3 Tmplt: 01/18/23 • The subject Applicant is seeking to amend the MUP to allow for full use of the tenant space by providing 10 parking spaces on-site for the business, consistent with the standard parking rate of one parking space per 200 square feet of gross floor area per Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC. To support the request, the property owner prepared a parking memo dated April 1, 2024, that revealed an error in the prior parking study prepared for the Sugarfish Restaurant. The prior parking study indicated that the property provided 84 parking spaces, when 88 parking spaces are available onsite. This parking count was verified by the City via site investigation on July 11, 2024. Therefore, adequate parking is available for the use and a reduced parking rate is no longer necessary to support the use, as 10 spaces would be available for the subject suite instead of eight spaces previously allocated. Table 1 below shows the required and proposed parking provided without adjusting the parking rate for Suite 120. • The proposed project would not create a larger deficiency than the 19 parking spaces that were already waived as part of the approval of the Sugarfish Restaurant. Therefore, Condition of Approval No. 5 of Resolution No. ZA2023-062 is no longer necessary. Table 1 – Required Parking Without Adjusted Parking Suite Area (SF) Land Use Parking Rate Required Parking 120 (Subject Suite) 1,929 The Now Massage (Existing) 1 per 250 SF (as modified by PA2023-0114) 8 120 (Subject Suite) 1,929 The Now Massage (Proposed) 1 per 200 SF 10 100 1,718 Sugarfish Restaurant 1 per 40 SF of net public area (NPA) 19 130 2,251 American Cancer Society Discovery Shop 1 per 250 SF 10 150 2,268 Office/Storage for Bamboo Bistro 1 per 250 SF 10 160 1,830 Bamboo Bistro 1 per 40 SF NPA 15 200 820 Mays Dermatology 1 per 200 SF 5 210 1,142 AKINSPARKER 1 per 250 SF 5 230 1,927 Vacant 1 per 250 SF 8 240 1,092 Space Investment Partners 1 per 250 SF 5 250 2,453 ECC Capital 1 per 250 SF 10 260 1,824 Vacant 1 per 250 SF 8 Required Parking 105 Provided Parking 88 *Parking Deficiency 17 *No change from approved parking waiver for Sugarfish Restaurant (PA2022-0149). 3 The NOW Massage (PA2024-0089) Zoning Administrator, August 29, 2024 Page 4 Tmplt: 01/18/23 • No other changes to the operational characteristics or construction changes are proposed. The massage establishment will continue to operate as previously entitled, and the only change as part of this proposal will allow the massage establishment to operate fully without any limitation on the number of massage technicians present at any given time. 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, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 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 the action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: ____________________________ Jenny Tran Associate Planner LAW/jt Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Resolution No. ZA2023-062 ZA 4 Parking Memo dated April 1, 2024 4 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2024-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO A MINOR USE PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT 2600 EAST COAST HIGHWAY, SUITE 120 (PA2024-0089) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael Nash, with respect to property located at 2600 East Coast Highway, Suite 120, and legally described as Parcel 1 of Parcel Map No. 84-722 requesting approval of a minor use permit amendment. 2. The applicant is requesting an amendment to their existing minor use permit (MUP) that authorized a massage use at the subject property. The existing MUP was approved on October 12, 2023, and included a condition (Condition No. 5) that limited the number of massage technicians allowed onsite and/or performing massage services at any given time. The applicant is requesting to remove this condition to allow full use of the suite. No other changes are proposed. Additionally, no late hours are proposed (after 11:00 p.m.). If approved, this MUP would supersede MUP (PA2023-0114). 3. The subject property is designated Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on October 12, 2023, online 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. The Zoning Administrator adopted Resolution No. ZA2023-062 approving PA2023-0114 to allow a minor use permit for a massage establishment with an adjustment to the parking rate. 6. A public hearing was held on August 29, 2024, online via Zoom. 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 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. 6 Zoning Administrator Resolution No. ZA2024-### Page 2 of 10 10-18-21 2. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The project proposes to change an operational characteristic at an existing massage establishment. No physical alterations or additions are proposed. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) 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 project site is categorized as CC (Corridor Commercial) in the Land Use Element of the General Plan, which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. Land Use Policy LU 2.1 (Resident-Serving Land Uses) of the Land Use Element of the General Plan is intended to accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. 3. The existing massage establishment is consistent with the land uses permitted within this land use designation. The proposed change will allow the massage establishment to operate to its full potential without limiting business at the establishment. 4. 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 this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The subject property is located in the CC (Commercial Corridor) Zoning District which is intended to provide for areas appropriate for a range of neighborhood-serving retail and 7 Zoning Administrator Resolution No. ZA2024-### Page 3 of 10 10-18-21 service uses along street frontages that are located and designed to foster pedestrian activity. 2. While the massage establishment is adjacent to residential neighborhoods, the tenant space is oriented towards East Coast Highway. The properties fronting East Coast Highway are also in the CC (Commercial Corridor) Zoning District and provide a range of commercial uses to serve nearby residential neighborhoods. 3. Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, the required parking rate for a massage establishment is one parking space for every 200 square feet of gross floor area, or as determined by an approved use permit. 4. The adjacent tenant space (Sugarfish Restaurant) operates under an existing Conditional Use Permit (PA2022-0149), approved January 5, 2023, that included a parking management plan and parking waiver for 19 required off-street parking spaces. A parking study was prepared by Trames Solutions, Inc. on November 18, 2022, to support the request. The parking study established a parking demand for the property including Sugarfish Restaurant and the other suites. Suite 120, which is the subject tenant space, was vacant during the evaluation and only allocated eight parking spaces, assuming a rate of one space per 250 square-feet of gross floor area. 5. As part of the approved MUP (PA2023-0114), a reduced parking rate of one space per 250 square feet of gross floor area was authorized consistent with the prepared parking study. Condition of Approval No. 5 was included that limited operations to no more than five massage technicians onsite and/or performing massage services at any given time to justify the reduced parking rate. 6. The subject Applicant is seeking to amend the MUP to allow for full use of the tenant space by providing 10 parking spaces on-site for the business, consistent with the standard parking rate of one parking space per 200 square feet of gross floor area per Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC. To support the request, the property owner prepared a parking memo dated April 1, 2024, that revealed an error in the prior parking study prepared for the Sugarfish Restaurant. The prior parking study indicated that the property provided 84 parking spaces, when 88 parking spaces are available onsite. This parking count was verified by the City via site investigation on July 11, 2024. Therefore, adequate parking is available for the use and a reduced parking rate is no longer necessary to support the use, as 10 spaces would be available for the subject suite instead of eight spaces previously allocated. 7. 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 NBMC. These sections provide standards for the establishment, location, and operation of massage establishments operated as an independent use. The intent is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration that may accompany and result from large numbers of massage establishments. 8 Zoning Administrator Resolution No. ZA2024-### Page 4 of 10 10-18-21 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 massage establishment is located within an approximately 2,000 square-foot tenant space within an existing commercial building. The massage establishment consists of eight individual massage rooms, a transition room, a lobby, and reception area. The use also includes an office, break room, and storage closet for employee use; all of which are included in the existing tenant space. 2. The hours of operations are between 9:00 a.m. and 9:00 p.m., daily. The surrounding uses consist of office, retail, restaurants, and personal services. The proposed hours of operation are compatible with the surrounding uses and the project does not propose late hours (past 11:00 p.m.) which will minimize any disturbances to residences near the property. No changes to the hours of operations are proposed. 3. The existing commercial building is oriented towards East Coast Highway and facing away from the adjacent residential neighborhoods. The nearest residential dwelling is approximately 55 feet from the subject property and is separated by a surface parking lot, an entrance to a subterranean parking lot, and an alleyway. 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; and Facts in Support of Finding: 1. The site is located on East Coast Highway and Dahlia Avenue within an existing multi- tenant commercial building. The parking lot is located at the rear of the property and accessed by the alleyway from Dahlia Avenue. 2. The property is improved with a total of 88 parking spaces, 80 of which are within an underground parking structure and eight of which are surface-level open parking spaces. The proposed use will require 10 parking spaces and Facts 4, 5, and 6 in support of Finding B are incorporated herein by reference. 3. The Fire Prevention Division (Fire Department) has reviewed the project to ensure adequate public and emergency vehicle access is provided and does not have any concerns with the use. 9 Zoning Administrator Resolution No. ZA2024-### Page 5 of 10 10-18-21 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 massage establishment has been conditioned with typical daytime and evening hours of operation that will minimize any detriment to the surrounding area. 2. The massage establishment will provide additional services to the residents in the surrounding area and visitors to the City. 3. The project has been reviewed by the Building, Public Works, Fire, and Police Departments and recommended conditions of approvals have been included to limit any effects to the City or persons visiting or working in the surrounding neighborhood. Location In accordance with Section 20.48.120(B) (Massage Establishments and Services – Waiver of Location Restrictions) of the Newport Beach Municipal Code (NBMC), 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 this 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 number of massage establishments and the misuse of massage therapy as a front for prostitution and other illegal activities. 2. Although the massage establishment is located within 500 feet of another massage establishment, it is located in a separate development and is sufficiently separated from other massage services. The closest tenant space offering massage services is located at 2744 East Coast Highway approximately 520 feet from the subject massage establishment. 3. There will be no late hours of operation, as the project is conditioned to operate between 9:00 a.m. and 9:00 p.m. 10 Zoning Administrator Resolution No. ZA2024-### Page 6 of 10 10-18-21 4. A condition of approval is included to ensure the applicant will obtain an Operator’s Permit from the Newport Beach Police Department (NBPD) in compliance with Chapter 5.50 (Massage Establishments) of the NBMC prior to operation of the business. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area; and Facts in Support of Finding: 1. The massage establishment is located in a single tenant space within a managed, multi- tenant commercial building, which will prevent problems and discourage the development of urban 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 Support of Finding: 1. The massage establishment is located within 500 feet of a park (Old School Park). Therefore, the applicant requests to waive location restrictions pertaining to Section 20.48.120 (Massage Establishments and Services) of the NBMC. 2. Old School Park is a small park that is approximately 13,200 square-feet with an adjacent parking area that is a designated public open space area for the nearby residential neighborhood of the Corona del Mar Homes (PC29) Zoning District and is developed with walkways, benches, and open area. No structures, public restrooms, or playgrounds are constructed in this park which reduces the amount of time visitors would typically spend at this park. The massage establishment would operate during typical daytime hours and is not anticipated to encourage the development of an urban blight area. 3. There are no religious institutions, schools, or playgrounds within 500 feet of the subject property. 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 Facilities) of the CEQA Guidelines, California Code of 11 Zoning Administrator Resolution No. ZA2024-### Page 7 of 10 10-18-21 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 the Minor Use Permit (PA2024-0089), 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. 4. This resolution supersedes Zoning Administrator Resolution No. ZA2023-062, which upon vesting of the rights authorized by this minor use permit amendment, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF AUGUST 2024. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 12 Zoning Administrator Resolution No. ZA2024-### Page 8 of 10 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL 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 Minor Use Permit. 4. The hours of operation shall be between 9 a.m. and 9 p.m., daily. 5. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 6. This Minor Use Permit filed as PA2024-0089, shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 7. 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. 8. 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. 9. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. 10. 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 Zoning Administrator Resolution No. ZA2024-### Page 9 of 10 10-18-21 11. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 12. No outside paging system shall be utilized in conjunction with this establishment. 13. 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. 14. 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). 15. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 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. 16. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 17. 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. 18. 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. 19. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 The NOW Massage including, but not limited to, Minor Use Permit (PA2024-0089). This indemnification shall include, but not be limited to, damages awarded 14 Zoning Administrator Resolution No. ZA2024-### Page 10 of 10 10-18-21 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 20. 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 California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Police Department 21. Strict adherence to Newport Beach Municipal Code Chapter 5.50 (Massage Establishments) shall be upheld. 22. Prior to operation, the applicant business shall apply for and obtain an Operator’s Permit from the Chief of Police and keep said permit in good standing. 23. 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). 24. As outlined in Newport Beach Municipal Code Section 5.50.030 (Requirements of Operation), the business shall maintain requirements of operation, and submit to inspections by officers of the Police Department. Code Enforcement 25. All windows (except treatment room windows) shall remain visible and transparent in nature. Window signage shall comply with the NBMC. 26. 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. 27. 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. 15 Attachment No. ZA 2 Vicinity Map 16 VICINITY MAP Minor Use Permit PA2024-0089 2600 East Coast Highway, Suite 120 Subject Property 17 Attachment No. ZA 3 Resolution No. ZA2023-062 18 RESOLUTION NO. ZA2023-062 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MINOR USE PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT 2600 EAST COAST HIGHWAY, SUITE 120 (PA2023-0114) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Stacey Wellnitz of Commercial Architecture on behalf of The NOW Massage, with respect to property located at 2600 East Coast Highway, Suite 120, and legally described as Parcel 1 of Parcel Map No. 84-722 requesting approval of a minor use permit. 2. The applicant requests a minor use permit to allow the operation of a massage establishment within an existing tenant space. The project involves the occupancy of an approximately 2,000 square-foot commercial suite with eight (8) individual massage rooms, a transition room, a lobby, and reception area. The project also includes an office, break room, and storage closet for employee use. The proposed business would operate daily, and no late hours are proposed (after 11:00 pm). The proposed hours of operation are between 9:00 a.m. and 9:00 p.m., daily. Included is a request to modify the parking rate for massage and to waive location restrictions associated with massage establishments. 3. The subject property is designated Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on October 12, 2023, online via Zoom. 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 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. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The project includes tenant improvements to an existing office suite to convert it to a massage establishment. No additions are proposed. 19 Zoning Administrator Resolution No. ZA2023-062 Page 2 of 11 10-18-21 SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) 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 project site designated CC (Corridor Commercial) in the Land Use Element of the General Plan that is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. Land Use Policy LU 2.1 (Resident-Serving Land Uses) of the Land Use Element of the General Plan is intended to accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. 3. The proposed massage establishment is consistent with the land uses permitted within this land use designation. The proposed use will provide an additional service to the nearby residents and visitors to the City in an otherwise vacant tenant space. 4. 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 this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The subject property is located in the CC (Commercial Corridor) Zoning District which is intended to provide for areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. While the tenant space in the existing commercial building is adjacent to residential neighborhoods, the tenant space is oriented towards East Coast Highway. The properties fronting East Coast Highway are also in the CC (Commercial Corridor) Zoning District and provide a range of commercial uses to serve nearby residential 20 Zoning Administrator Resolution No. ZA2023-062 Page 3 of 11 10-18-21 neighborhoods. 3. The adjacent tenant space (Sugarfish Restaurant) operates under an existing Conditional Use Permit (approved January 5, 2023), that included a parking management plan and parking waiver for 19 required off-street parking spaces. A parking study was prepared by Trames Solutions, Inc. on November 18, 2022, to support the request. The parking study established a parking demand for the property including Sugarfish Restaurant and the other vacant suites. Suite 120, which is the subject tenant space for the proposed massage establishment, is a vacant suite that was evaluated using at a parking rate of 1 per 250 square-feet of gross floor area or a total demand of eight (8) parking spaces. 4. Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, the City may establish the parking requirements for a massage establishment through the use permit process. Although eight (8) massage rooms are provided, the project has been conditioned to limit operations to no more than five (5) massage technicians onsite and/or performing massage services at any given time. Typical visitor characteristics of a massage establishment may see appointments for group visits that would service multiple customers who could potentially carpool, which is predicted to help lighten parking demand. In addition, the location is within the Corona del Mar commercial corridor along East Coast Highway, which is considered a captive market where visitors to the area may park once and visit multiple businesses or attractions. Based on the characteristics of the location and the proposed condition limiting massage technicians, a rate of one (1) parking space for every 250 square feet is appropriate for this use and results in a demand of approximately eight (8) parking spaces. This is further consistent with the previously approved parking waiver. 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 NBMC. These sections provide standards for the establishment, location, and operation of massage establishments operated as an independent use. The intent is to promote the operation of legitimate massage services and to prevent problems 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 establishment is located within an approximately 2,000 square- foot tenant space within an existing commercial building. The proposed use will consist of eight (8) individual massage rooms, a transition room, a lobby, and reception area. The use also includes an office, break room, and storage closet for employee use; all of which are included in the existing tenant space. 21 Zoning Administrator Resolution No. ZA2023-062 Page 4 of 11 10-18-21 2. The proposed hours of operations are between 9:00 a.m. and 9:00 p.m., daily. The surrounding uses consist of office, retail, restaurants, and personal services. The proposed hours of operation are compatible with the surrounding uses and the project does not propose late hours (past 11:00 p.m.) which will minimize any disturbances to residences near the property. 3. The existing commercial building is oriented towards East Coast Highway and facing away from the adjacent residential neighborhoods. The nearest residential dwelling is approximately 55 feet from the subject property and is separated by a surface parking lot, an entrance to a subterranean parking lot, and an alleyway. 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; and Facts in Support of Finding: 1. The site is located on East Coast Highway and Dahlia Avenue within an existing multi- tenant commercial building. The parking lot is located at the rear of the property and accessed by the alleyway from Dahlia Avenue. 2. The property is improved with a total of 84 parking spaces, 76 of which are within an underground parking structure and eight (8) of which are surface-level open parking spaces. The proposed use will require eight (8) parking spaces and Fact 4 in support of Finding B is incorporated herein by reference. 3. The Life Safety Division (Fire Department) has reviewed the project to ensure adequate public and emergency vehicle access is provided and does not have any concerns with the proposed use. 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 has been conditioned with typical daytime and evening hours of operation that will minimize any detriment to the surrounding area. 2. The proposed massage establishment will provide additional services to the residents in the surrounding area and visitors to the City. 22 Zoning Administrator Resolution No. ZA2023-062 Page 5 of 11 10-18-21 3. The proposal has been reviewed by the Building, Public Works, Fire, and Police Departments and recommended conditions of approvals have been included to limit any effects to the City of persons visiting or working in the surrounding neighborhood. 4. The NBPD has reviewed the project and has no objections to this project as proposed. Condition of Approval No. 27 has been included to ensure the applicant obtains an Operator’s Permit from the NBPD in compliance with Chapter 5.50 (Massage Establishments) of the NBMC. Location In accordance with Section 20.48.120(B) (Massage Establishments and Services – Waiver of Location Restrictions) of the Newport Beach Municipal Code (NBMC), 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 this section is to promote the operation of legitimate massage services and the prevent problems of blight and deterioration, which accompany and are brought about by large number of massage establishments and the misuse of massage therapy as a front for prostitution and other illegal activities. 2. Although the proposed massage use is located within 500 feet of another property that has a massage establishment, it is located in a separate development and is sufficiently separated from other massage services. The closest tenant space offering massage services is located at 2744 East Coast Highway and the tenant space itself is approximately 520 feet from the proposed massage establishment. 3. There will be no late hours of operation, as the project is conditioned to operate between 9:00 a.m. and 9:00 p.m. 4. A condition of approval is included to ensure the applicant will obtain an Operator’s Permit from the Newport Beach Police Department (NBPD) in compliance with Chapter 5.50 (Massage Establishments) of the NBMC prior to operation of the business. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area; and 23 Zoning Administrator Resolution No. ZA2023-062 Page 6 of 11 10-18-21 Facts 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 development of urban 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 Support of Finding: 1. The proposed massage establishment is located within 500 feet of a park (Old School Park). Therefore, the applicant requests to waive location restrictions pertaining to Section 20.48.120 (Massage Establishments and Services) of the NBMC. 2. Old School Park is a small park that is approximately 13,200 square-feet with an adjacent parking area that is a designated public open space area for the nearby residential neighborhood of the Corona del Mar Homes (PC29) Zoning District and is developed with walkways, benches, and open area. No structures, public restrooms, or playgrounds are constructed in this park which reduces the amount of time visitors would typically spend at this park. The proposed establishment would operate during typical daytime hours and is not anticipated to encourage the development of an urban blight area. 3. There are no religious institutions, schools, or playgrounds within 500 feet of the subject property. 4. 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 finds this project is categorically exempt from the California Environmental Quality Act 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. 24 Zoning Administrator Resolution No. ZA2023-062 Page 7 of 11 10-18-21 2. The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit (PA2023-0114), 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 OCTOBER, 2023. 25 Zoning Administrator Resolution No. ZA2023-062 Page 8 of 11 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL 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 Minor Use Permit. 4. The hours of operation shall be between 9 a.m. and 9 p.m., daily. 5. There shall be no more than five (5) massage technicians onsite and/or performing massage services at any given time. 6. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 7. This Minor Use Permit, as part of PA2023-0114, shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 8. 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. 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 Use Permit. 10. 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. 26 Zoning Administrator Resolution No. ZA2023-062 Page 9 of 11 10-18-21 11. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 12. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 13. 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. 14. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 15. No outside paging system shall be utilized in conjunction with this establishment. 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. 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). 18. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 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. 27 Zoning Administrator Resolution No. ZA2023-062 Page 10 of 11 10-18-21 19. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 20. 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. 21. 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. 22. 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 The NOW Massage Boutique including, but not limited to, Minor Use Permit (PA2023-0114). 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 23. 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 California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Police Department 24. Strict adherence to Newport Beach Municipal Code Chapter 5.50 (Massage Establishments) shall be upheld. 25. Prior to operation, the applicant business shall apply for and obtain an Operator’s Permit from the Chief of Police and keep said permit in good standing. 28 Zoning Administrator Resolution No. ZA2023-062 Page 11 of 11 10-18-21 26. 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). 27. As outlined in Newport Beach Municipal Code Section 5.50.030 (Requirements of Operation), the business shall maintain requirements of operation, and submit to inspections by officers of the Police Department. Code Enforcement 28. 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. 29. 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. 30. 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. 29 Attachment No. ZA 4 Parking Memo dated April 1, 2024 30 April 1, 2024 RE: Parking Condi7on for The NOW Massage at 2600 E. Coast Highway Dear City of Newport Beach, I am the property owner of 2600 E. Coast Highway and am wri?ng in regards to Condi?on 4 of the NOW Massage’s permit approval (PA2023-0114). This condi?on restricts the NOW’s ability to operate more than 5 of its 8 massage rooms due to parking concerns raised during another tenant’s permiTng process (Sugarfish restaurant, PA2022-0419). I am concerned that this condi?on imposes a limita?on that will restrict a small business from maximizing its poten?al, and believe this condi?on is unnecessary given that The NOW is busiest when many of the other tenants in the building are not in opera?on. Furthermore, based on updates to the parking supply and an updated parking analysis since PA2022-0419, this condi?on should no longer be required by the City. When Sugarfish’s Condi?onal Use Permit was approved, the 2600 E. Coast Highway building had many vacancies, and as such the City relied on assump?ons about future tenants’ parking needs. The NOW, located in Suite 120, was assumed to be a retail usage and require 8 parking spaces based its size of ~1,900 square feet and the City’s parking requirement for retail of 1 space per 250 square feet. I am aware that the City’s parking requirement for massage use is 1 space per 200 square feet, and that based on this ra?o the NOW would need 10 spaces to meet the City’s parking requirements. The parking study used during the Sugarfish approval, and subsequently to limit the NOW’s opera?ng capacity, understated the supply of off-street parking at 2600 E. Coast Highway. That study listed 84 off- street parking spaces, however today there are 88 spaces. I believe 4 spaces in the garage were not counted during the Sugarfish study because they were obstructed by construc?on in the building. I am reserving 2 of these addi7onal spaces for The NOW Massage, which will give the business 10 spaces (8 allocated in the previous parking study plus 2 addi7onal that were not included in that study) and meet the City’s parking requirements of 1 space per 200 square feet for massage establishments. The NOW is now able to meet the City’s parking requirements for massage establishments; as such, I recommend the removal of Condi?on 4 from their permit so that they may operate at full capacity when demand warrants. Addi?onally, I am aware that Condi?on 13 of PA2022-0419 requires an updated parking demand analysis for any changes in use for the building’s tenants from what was assumed at the ?me of approval. While this condi?on should no longer be necessary given i) the NOW’s use has already been approved and ii) the addi?on of the 4 parking spaces not counted previously and the assignment of 2 of those to The NOW, I have worked with the tenant to update the analysis to further support the removal of the room usage limita?on. The table below reflects the building’s current tenant mix (this is an updated version of Table 2 from the parking study used for PA2022-0419): 31 This table shows an improvement in parking deficiency of +2 (-17, vs -19 when PA2022-0419 was approved). Additionally, the attached updated parking counts show improvement vs what was assumed in the prior parking study, with Saturday (the NOW’s busiest day) peak demand showing a 5-space surplus (vs a 4-space deficit when PA2022-0419 was approved). Furthermore, The NOW’s busiest hours are during weekends/evenings – as the table above notes, approximately half of the square footage in this building is occupied by office and medical tenants, which are not open in the evenings or on the weekends. As such, during the NOW’s peak hours, there is an ample surplus of parking given these other tenants are not using spaces at those times: Area (sf) 1,718 1,929 2,251 2,268 1,830 820 1,142 1,927 1,092 2,453 1,824 1 Sugarfish (Suite 100) has 729 sf of public area 2 The average square foot range has been used (1 space per 40 sf) 3 Bamboo Bistro's secondary space moved from Suite 260 to Suite 150 after the Prior Study was completed 4 Bamboo Bistro has 600 sf of public area in Suite 160 5 Suite 200 was split into 3 suites (200, 230 & 240) since the Prior Study 6 The current Suite 230 was previously listed as Suite 240 in the Prior Study Red text = updated since Nov. 2022 study Revised Parking Deficiency -17 Total Parking Required based on City's Requirements 105 Parking Supply 88 260 Vacant (4)Office 1 per 250 sf 8 250 ECC Capital Office 1 per 250 sf 10 240 Space Investment Partners Office 1 per 250 sf (5) 5 230 Vacant (4)Office 1 per 250 sf (6) 8 210 AKINSPARKER Office 1 per 250 sf (5) 5 200 Mays Dermatology Medical Office 1 per 200 sf (5) 5 160 Bamboo Bistro Restaurant 1 per 40 sf of net public area (4) 15 150 Office/Storage for Bamboo Bistro Office/Storage 1 per 250 sf (3) 10 130 American Cancer Society Discovery Shop Retail 1 per 250 sf 10 120 The NOW Massage Massage 1 per 200 sf 10 100 Sugarfish with 729 sf of public area (1)Restaurant 1 per 40 sf of net public area (2) 19 Suite Business Land Use Parking Rate City's Parking Requirements Area (sf) 1,718 1,929 2,251 2,268 1,830 820 1,142 1,927 1,092 2,453 1,824 Parking Surplus During Evenings / Weekends Suite Business Land Use Parking Rate City's Parking Requirements 100 Sugarfish with 729 sf of public area Restaurant 1 per 40 sf of net public area 19 120 The NOW Massage Massage 1 per 200 sf 10 130 American Cancer Society Discovery Shop Retail 1 per 250 sf 10 150 Office/Storage for Bamboo Bistro Office/Storage 1 per 250 sf 10 160 Bamboo Bistro Restaurant 1 per 40 sf of net public area 15 200 Mays Dermatology (1)Medical Office 1 per 200 sf 5 210 AKINSPARKER Office 1 per 250 sf 5 230 Vacant Office 1 per 250 sf 8 Parking Supply 88 Required Parking Excluding Businesses Not Operating During The NOW's Peak Hours 65 Less: Parking Requirement for Businesses Not In Operation During The NOW's Peak Hours 40 23 240 Space Investment Partners Office 1 per 250 sf 5 250 ECC Capital Office 1 per 250 sf 10 260 Vacant Office 1 per 250 sf 8 (1) Mays Dermatology is open from 9am-12pm on Saturdays. This analysis assumes 4 of the 5 spaces are available to the NOW and other tenants based on the calculation below: Total Parking Required based on City's Requirements 105 Mays Dermatology - Open Sat. 9am-12pm, Closed Sunday Typical Business Hours - 2 Days 16 Actual Weekend Hours 3 % of Typical Hours 18.8% Excess Spaces = [(1-% of Typical) * 5 spaces]4 32 Given that The NOW is able to meet the City’s parking requirement of 1 space per 200 square feet, and the updated parking demand analysis shows the property’s parking supply is more plen?ful than what was assumed during the approval of PA2022-0419, I request that the City remove the opera?ng restric?on from the NOW and allow this business to maximize its bookings. The NOW Corona Del Mar is a small franchise business, and its owners, Mike and Jamie, have invested a material amount of their net worth into this venture and worked hard to open this loca?on, please enable them to be as successful as possible. Respeckully, __________________ Mark Moshayedi Managing Partner Space Investment Partners 33 From:Jim Mosher To:CDD Subject:Public comment on ZA Item 4 (The NOW Massage, PA2024-0089, 8/29/2024) Date:August 28, 2024 1:27:31 PM I do not expect to be able to attend the August 29, 2024, Zoning Administrator meeting due to a conflict with a "Coffee with the Mayor" event scheduled at the same hour. With regard to Item 4, The NOW Massage minor use permit amendment, PA2024- 0089, the applicant's justification appears sound. I would additionally note that subsequent to the permit's original consideration in October, I believe the Bamboo Bistro has removed their outdoor dining tent on Fifth Avenue, which blocked at least four on-street parking spaces. I would guess that may have reduced demand for the off-street parking provided at this site. -- Jim Mosher Zoning Administrator - August 29, 2024 Item No. 4a - Additional Materials Received The NOW Massage (PA2024-0089)