HomeMy WebLinkAbout02_Thai Massage Body Balance Minor Use Permit_PA2023-0080CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 26, 2024
Agenda Item No. 2
SUBJECT: Thai Massage Body Balance (PA2023-0080)
▪Minor Use Permit
SITE LOCATION: 4425 Jamboree Road, Suite 170
APPLICANT: Bob Hudgins
OWNER: Bob Hudgins
PLANNER: Melinda Whelan, Assistant Planner
mwhelan@newportbeachca.gov, 949-644-3221
LAND USE AND ZONING
•General Plan Land Use Plan Category: Mixed Use Horizontal (MU-H2)
•Zoning District: Koll Center Planned Community (PC-15) - Office Site G
PROJECT SUMMARY
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 1,846 square-foot commercial/office suite with seven (7) individual massage
rooms, a lobby, and reception area. The project also includes a kitchenette, break room,
and storage closet for employee use. The proposed business would operate daily, and no
late hours are proposed (after 11:00pm). Included is a request to modify the parking rate
for massage.
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 a Minor Use Permit
(Attachment No. ZA 1).
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DISCUSSION
• The project site is in the Koll Center Planned Community (PC-15) Zoning District
which is intended to provide a range of professional office uses including doctors,
dentists, optometrists, oculists, chiropractors and others licensed by the State of
California to practice the healing arts. Although PC-15 allows for other uses
“licensed by the State of California to practice the healing arts”, such as a massage
use, PC-15 is silent on a procedure for operating the massage establishment. As
stated in the General Requirements section of PC-15, “The Municipal Code shall
regulate this development wherever regulations are not provided within these
district regulations”. Therefore, Title 20 (Planning and Zoning) of the Newport
Beach Municipal Code (NBMC) is utilized, and massage establishments require
the approval of a minor use permit in all office and commercial districts.
• The project location is within the MU-H2 General Plan designation. The MU-H2
designation provides for a horizontal intermixing of uses intended to include
regional commercial office, multi-family residential, vertical mixed-use buildings,
industrial, hotel rooms and ancillary neighborhood commercial uses. The proposed
massage establishment is consistent with this designation as it will provide a
service use for the surrounding area, office employees, as well as residents within
the newer residential developments in the area.
• The massage use is not specifically provided a parking rate in PC-15. Therefore,
Title 20 (Planning and Zoning) of the NBMC is also relied on for the purpose of
establishing parking requirements for the use. Pursuant to Table 3-10 of Section
20.40.040 (Off-Street Parking Spaces Required) of the NBMC, parking for a
massage use is one space per 200 square feet of gross floor area, or the City may
establish the parking requirements for a massage establishment through the use
permit process. Using a rate of one space per 200 square feet of floor area (1,846
square feet) would result in a parking requirement of 10 parking spaces. Although
seven massage rooms are provided, the project has been conditioned to be limited
to a maximum of five massage technicians providing massage services at any
given time, which would reduce the parking demand. Based on the proposed
condition, a rate of one parking space for every 250 square feet of floor area is
appropriate for this use (8 spaces). The existing tenant space was previously used
for general office with a parking rate of one parking space for every 225 square
feet of net floor area (9 spaces), therefore no additional parking is required.
• The massage establishment will consist of seven individual massage rooms, a
lobby, and reception area. The project also includes a kitchenette, break room, and
storage closet for employee use. As conditioned, a maximum of five massage
technicians will provide massage services at any given time.
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• The proposed hours of operation are between 10:00 a.m. and 8:00 p.m., daily. No
late hours (after 11:00 p.m.) are proposed. The surrounding uses are offices, retail,
personal services, and restaurants where the proposed hours of operation are
compatible with the allowed uses in the vicinity and will not contribute to noise or
other disruptions in the area.
• The subject property is not located in the coastal zone.
• The proposed establishment meets all of the location requirements of Section
20.48.120.A (Massage Establishments and Services – Location Requirements). of
the NMBC, as the location is not within 500 feet of a public or private school, park
or playground, civic center, cultural site or religious institution; or within 500 feet of
another massage establishment site.
• The Newport Beach Police Department (NBPD) has reviewed the project and has
no concerns regarding the proposed massage establishment.
• A condition of approval is included to ensure the applicant will obtain an Operator’s
Permit from the NBPD in compliance with Chapter 5.50 (Massage Establishments)
of the NBMC prior to operation of the business.
• The Building Division has reviewed the proposed tenant improvements as part of
implementation of the massage operation and there are conditions of approval
included in the resolution.
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:
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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:
LAW/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2024-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A MINOR USE
PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT
4425 JAMBOREE ROAD, SUITE 170 (PA2023-0080)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bob Hudgins, concerning property located at 4425 Jamboree
Road, Suite 170, and legally described as Parcel 1 of Resubdivision 0557 requesting
approval of 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 1,846 square-foot commercial/office suite with seven individual massage
rooms, a lobby, and reception area. The project also includes a kitchenette, break room,
and storage closet for employee use. The proposed business would operate daily, and
no late hours are proposed (after 11:00pm). Included is a request to modify the parking
rate for massage.
3. The subject property is designated Mixed Use Horizontal (MU-H2) by the General Plan
Land Use Element and is located within the Koll Center Planned Community (PC-15) -
Office Site G Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on September 26, 2024, online via Zoom. A notice of the 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. 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.
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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 MU-H2 in the Land Use Element of the General Plan, which
is intended to provide a horizontal intermixing of uses intended to include regional
commercial office, multi-family residential, vertical mixed-use buildings, industrial, hotel
rooms and ancillary neighborhood commercial uses.
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 this designation as it will
provide a service use for the surrounding area, office employees, as well as residents
within the newer residential developments in the area.
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 Koll Center Planned Community (PC-15) Zoning
District which is intended to provide a range of professional office uses including doctors,
dentists, optometrists, oculists, chiropractors and others licensed by the State of
California to practice the healing arts.
2. While the existing office building is adjacent to a new residentially oriented planned
community, Uptown Newport, the tenant space is oriented towards the parking lot and
facing the opposite direction towards other offices, and food services within the PC-15
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Zoning District. These properties provide a range of office and various food service uses.
3. The massage use is not specifically provided a parking rate in PC-15. Therefore, Title
20 (Planning and Zoning) of the NBMC is also relied on for the purpose of establishing
parking requirements for the use. Pursuant to Table 3-10 of Section 20.40.040 (Off-
Street Parking Spaces Required) of the NBMC, parking for a massage use is one space
per 200 square feet of gross floor area, or the City may establish the parking
requirements for a massage establishment through the use permit process. Using a rate
of one space per 200 square feet of floor area (1,846 square feet) would result in a
parking requirement of 10 parking spaces. Although seven massage rooms are
provided, the project has been conditioned to be limited to a maximum of five massage
technicians providing massage services at any given time, which would reduce the
parking demand. Based on the proposed condition, a rate of one parking space for every
250 square feet of floor area is appropriate for this use (8 spaces). The existing tenant
space was previously used for general office with a parking rate of one parking space
for every 225 square feet of net floor area (9 spaces), therefore no additional parking is
required.
4. 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 1,846 square-
foot tenant space on the first floor within an existing office building. The proposed use
will consist of seven individual massage rooms, a lobby, and reception area. The project
also includes a kitchenette, break room, and storage closet for employee use; all of which
are included in the existing tenant space.
2. The proposed hours of operation are between 10:00 a.m. and 8:00 p.m., daily. The
surrounding uses consist of various offices, new residential development at Uptown
Newport, and restaurants. 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. Staff has conditioned
the hours, 9:00 a.m. to 9:00 p.m., daily to allow some flexibility without an amendment
to the use permit.
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3. The existing office building is oriented towards a parking lot and runs parallel to
Jamboree Road. Uptown Newport, the recently constructed condominium and
apartment project, is approximately 240 feet from the entrance to the subject office
building. However, the entrance to the office building faces the parking lot away from
the residential uses.
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 Jamboree Road with an existing parking lot accessed by a
driveway from Jamboree Road.
2. The property is improved with a total of 86 parking surface level open spaces, shared
by the entire office building. The proposed use will require eight parking spaces and
Fact 3 in support of Finding B is incorporated herein by reference.
3. The project is conditioned to comply with specific requirements from the Building
Division, including the requirement to obtain a building permit for tenant improvements.
4. The project is conditioned to obtain all appropriate permits from the Fire Prevention
Division (Fire Department) to ensure adequate public and emergency vehicle access is
provided.
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, employees in the area, and visitors to the City.
3. The proposal has been reviewed by the Building, Code Enforcement, and Police
Departments and recommended conditions have been included to limit any effects to
the City or persons living, visiting, or working in the surrounding neighborhood.
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4.The NBPD has reviewed the project and has no objections to this project as proposed.
Condition of Approval No. 25 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.
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.
2.The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use
Permit (PA2023-0080), subject to the conditions outlined 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 a call for review is filed with the
Community Development Director by the provisions of Title 20 (Planning and Zoning),
of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 26th DAY Of SEPTEMBER 2024.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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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 9:00 a.m. and 9:00 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 PA2023-0080, 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.
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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 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.
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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. 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 Thai Massage Body Balance including, but not limited to, Minor
Use Permit (PA2023-0080). 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
22. 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.
23. A tenant improvement building permit is required prior to commencement of the change of
use to the massage establishment. The following conditions are required to be
implemented with the tenant improvement:
a) There shall be an accessible path of travel from the parking lot and the public right-of-way
to the tenant space.
b) All counters within the tenant space shall be accessible pursuant to Section 11B-227.3 of
California Building Code (CBC) 2022.
c) When more than one exit or exit access doorway is required, the exit access shall be
arranged such that there is no dead end in a corridor exceeding 20 feet and 50 feet in a
sprinkler building.
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d) Provide a minimum turning space at the dead-end corridor next to the existing break room
and storage area sufficient for a wheelchair.
e) Provide a minimum maneuvering clearance pursuant to Table 11B-404.2.4.1 of the CBC
2022, for the push side of doors at the existing reception, kitchen and break room and
storage.
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.
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).
Code Enforcement
27. All windows (except treatment room windows) shall remain visible and transparent in
nature. Window signage shall comply with the NBMC.
28. 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.
29. 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.
14
Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Thai Massage Body Balance Minor Use Permit
PA2023-0080
4425 Jamboree Road
Subject Property
16
Attachment No. ZA 3
Project Plans
17
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18
September 26, 2024, Zoning Administrator Item 2 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. Thai Massage Body Balance Minor Use Permit
(PA2023-0080)
1. The staff report (page 2) alludes to a 500-foot distancing requirement in NBMC
Subection 20.48.120.A. Fact in Support of FInding B.4 (handwritten page 8) of the
proposed resolution mentions there are requirements but is less specific than the report
in established the application complies with them.
Would future construction of an Uptown Newport Phase 2 park, if closer than 500 feet,
require reconsideration of the permit?
2. The inclusion of “and/or performing massage services” in Condition of Approval 5 seems
to introduce unnecessary uncertainty into what the condition means.
If only 5 technicians are allowed on the premises, there could, by definition, be no more
than 5 “performing.”
If the intent is, instead, to allow more than 5 technicians on the premises, but only allow
5 performing at a time, then it should say that and not limit the number onsite.
3. In Condition of Approval 12, the requirement to comply with the municipal code noise
regulations seems sufficient.
Unless it is attempting to impose different (stricter?) standards than the normal ones, the
second sentence, referring to “maximum noise,” and the table that follows, adds more
uncertainty than it removes, since the standard regulations are considerably more
nuanced than this.
Additionally, the “45 dB” nighttime interior standard is more lenient than the “40 dB”
standard in the code. Is that intentional or a misprint?
If not, I would suggest deleting the second sentence and table.
4. Condition of Approval 14 does not explain if construction activity is allowed on
Saturdays.
5. In Attachment No. ZA 3, due to a lack of labels, other than what appear to be the seven
individual massage rooms, the proposed locations are not obvious for most of the other
features described in Fact 1.2 on handwritten page 6: namely, the lobby, reception area,
kitchenette, break room, and storage closet for employee use.
Zoning Administrator - September 26, 2024 Item No. 2a - Additional Materials Received Thai Massage Body Balance Minor Use Permit (PA2023-0080)