HomeMy WebLinkAbout03_Lux Spa Newport LLC Minor Use Permit_PA2024-0056CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 26, 2024
Agenda Item No. 3
SUBJECT: Lux Massage (PA2024-0056)
▪Minor Use Permit
SITE
LOCATION: 2727 Newport Boulevard, Suite 204
APPLICANT: David Dunlap, LUX Spa Newport, LLC
OWNER: Abdelmuti Development Company, LLC
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235, dkopshever@newportbeachca.gov
LAND USE AND ZONING
●General Plan Land Use Plan Category: Visitor Serving Commercial (CV)
●Zoning District: Commercial Visitor-Serving (CV)
●Coastal Land Use: Visitor Serving Commercial – (0.0 – 0.75 FAR) (CV-A)
●Coastal Zone: Commercial Visitor-Serving (CV)
PROJECT SUMMARY
A request for a minor use permit to allow the operation of a massage establishment and
day spa. The project will improve an approximately 855 square-foot office suite within
an existing, multi-tenant, commercial building into a massage and day spa with five
treatment rooms, lobby, reception room, and utility area for employee use. Provided
services will include massage, hair treatments and shampooing, waxing, and facials.
The business would operate from 9:00 a.m. to 9:00 p.m., daily. 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. ZA2024-__ approving the Minor
Use Permit (Attachment No. ZA 1) filed as PA2024-0056.
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Lux Massage Spa (PA2024-0056)
Zoning Administrator, September 26, 2024
Page 2
DISCUSSION
• The project site located on the Balboa Peninsula, within the Commercial Visitor-
Serving (CV) Zoning District and is categorized as Visitor Serving Commercial
(CV) by the Land Use Element of the General Plan. CV is intended to provide
areas appropriate for accommodations, goods, and services that are primarily
intended to serve visitors to the City. The proposed use can be enjoyed by both
visitors and residents and is consistent with the Zoning District and General Plan.
• Surrounding land uses include fast casual restaurants, retail (including Jack’s
Surfboards), general office, and other personal services. Residential dwellings
are located approximately 85 feet away, across Balboa Boulevard.
● Pursuant to Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land
Uses and Permit Requirements) of the Newport Beach Municipal Code (NBMC),
both massage establishments and day spas are permitted in the CV Zoning
District, subject to approval of a minor use permit.
● The project suite is located on the second floor of a multi-tenant commercial
building. The floor plan, available as Attachment No. ZA. 3, proposes five
treatment rooms, lobby, reception room, and a utility area. While treatment rooms
provide a sink for shampooing and other treatment related purposes, restrooms
are located outside of the suite and are common to the building.
● Proposed hours of operation are from 9:00 a.m. and 9:00 p.m., daily, and there
are no late hours (i.e., after 11:00 p.m.) requested. The hours of operation are
compatible with the surrounding uses and are not likely to cause noise or other
disruptions.
● Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces
Required) of the NBMC, the City may establish the parking requirement for a
massage establishment through the use permit process. Of the five treatment
rooms, only two rooms would be used for massage purposes at any given time.
Condition of Approval No. 5 limits the business to a maximum of two massage
technicians providing massage services during hours of operation. Because
more than half of the tenant space would be providing personal services,
including waxing, facials, and hair treatments, the parking rate for Personal
Services, General is appropriate. Personal services are parked at a rate of one
space required for every 250 square feet of net floor area and the required
parking is four spaces. This is the same number of required spaces as the
previous office use.
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Lux Massage Spa (PA2024-0056)
Zoning Administrator, September 26, 2024
Page 3
●The project site is located within the Coastal Zone. The request to improve the
existing commercial suite from an office into a massage establishment and day
spa does not result in a higher parking demand and therefore is not an
intensification. The project is not considered development pursuant to Title 21
(Local Coastal Program Implementation Plan) of the NBMC and no coastal
development permit is required.
●Section 20.48.120 (Massage Establishments and Services) of the NBMC is
intended to prevent the overconcentration of similar uses that may act as fronts
illegal activity in a given area. While a massage establish shall not be located
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 proposed business is within 500 feet of the public beach.
Section 20.48.120 (Massage Establishments and Services), subsection B
(Waiver of Location Restrictions) of the NBMC however provides a waiver for this
location requirement if all required findings can be made. The proposed
establishment would operate during reasonable hours, is not anticipated to
encourage the development of urban blight, and is not anticipated to adversely
affect a religious institution, school, park, or playground and therefore complies
with subsection B. While there are other massage establishments on the Balboa
Peninsula, there does not appear to be an overconcentration.
●The Newport Beach Police Department (NBPD) has reviewed the project and
issued a memorandum (Attachment No. ZA 4) providing suggested conditions of
approval for the project. The conditions have been incorporated into the draft
resolution. The NBPD has no concerns regarding the proposed massage
establishment, subject to the appropriate conditions of approval.
●Condition of Approval No. 25 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.
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.
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Lux Massage Spa (PA2024-0056)
Zoning Administrator, September 26, 2024
Page 4
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways), including the applicant, and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development
within 14 days following the date of action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
JP/djk
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
ZA 4 Police Department Memorandum
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 A
MINOR USE PERMIT AND ADJUSTING THE PARKING RATE
FOR A MASSAGE ESTABLISHMENT AND DAY SPA LOCATED
AT 2727 NEWPORT BOULEVARD, SUITE 204 (PA2024-0056)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by David Dunlap of Lux Spa Newport Beach Massage, LLC,
with respect to property located at 2727 Newport Boulevard, Suite 204, and legally
described as Lake Tract, Lot 4 Block 127, and Lots 5 to 14 including portion of Lots 2/3
lying northerly of 26th Street, and all -except street- Lots 15 to 19, including all in Block 127,
Tract 418, requesting approval of a minor use permit.
2.The applicant requests a minor use permit to allow the operation of a massage
establishment and day spa. The project will improve an approximately 855 square-foot
office suite within an existing, multi-tenant, commercial building into a massage and day
spa with five treatment rooms, lobby, reception room, and utility area for employee use.
Provided services will include massage, hair treatments and shampooing, waxing, and
facials. The business would operate from 9:00 a.m. to 9:00 p.m., daily. Included is a
request to modify the parking rate for massage.
3.The subject property is categorized as Visitor Serving Commercial (CV) by the Land
Use Element of the General Plan and is located within the Commercial Visitor-Serving
(CV) Zoning District.
4.The subject property is located within the Coastal Zone. The Coastal Land Use Plan
category is Visitor Serving Commercial – (0.0 – 0.75 FAR) (CV-A) and the Coastal Zoning
District is Commercial Visitor-Serving (CV). The project is not considered development
pursuant to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code (NBMC) and no coastal development permit is required.
5.A public hearing was held on September 26, 2024, online via Zoom. A notice of time,
place and purpose of the hearing was given in accordance with the NBMC. Evidence,
both written and oral, was presented to, and considered by, the Zoning Administrator at
this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
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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 convert
an existing office suite with no intensification in use. Additionally, no new floor area is
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 Newport Beach Municipal Code (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 CV by the Land Use Element of the General Plan. The
CV categorization is intended to provide areas appropriate for accommodations, goods,
and services intended to serve visitors primarily to the city.
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 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 and day spa is consistent with the land uses
suggested by the CV categorization as 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.
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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 within the CV Zoning District. Similar to the CV land use
category, the CV Zoning District is intended to provide areas appropriate for
accommodations, goods, and services that primarily serve visitors to the city.
2. Pursuant to Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land Uses
and Permit Requirements) of the NBMC, both a massage establishment and a day spa
are permitted in the CV Zoning District, subject to approval of a minor use permit.
3. 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. Of the five treatment rooms, only two
rooms would be used for massage purposes at any given time. Condition of approval
No. 5 limits the business to a maximum of two massage technicians providing massage
services during hours of operation. Because more than half of the tenant space would
be providing personal services, including waxing, facials, and hair treatments, the
parking rate for Personal Services, General is appropriate. The Personal Services,
General use is parked at a rate of one space required for every 250 square feet of net
floor area and parking requirement is four spaces. This is the same number of required
spaces as the previous office use.
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 result from an overconcentration 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 tenant space is located on the second floor of a multi-tenant commercial building.
The suite would be improved with five treatment rooms, lobby, reception room, and utility
area. While treatment rooms provide a sink for shampooing and other treatment related
purposes, restrooms are located outside of the suite and are common to the building.
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2. The existing commercial building is located within a commercial center where there are
other established commercial uses. Residential dwellings are located approximately 85
feet away, across Balboa Boulevard to the west.
3. Hours of operations are proposed from 9:00 a.m. to 9:00 p.m., daily. Surrounding uses
within the same commercial center include fast casual restaurants, retail, general office,
and other personal services. The project does not propose late hours (i.e., past 11:00
p.m.) and is not likely to cause noise or disruptions to surrounding uses.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and for 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 project site is located between Newport Boulevard and Balboa Boulevard, within an
existing, two-story, multi-tenant, commercial building. There is a shared, 88-space,
surface, parking lot, accessed from either Newport Boulevard or Balboa Boulevard, that
serves both the two-story commercial building, and the smaller, single-story, commercial
building also addressed as 2727 Newport Boulevard.
2. Fact 3 in Support of Finding B hereby incorporated by reference.
3. As the project does not intensify parking demand, the provided parking should be
adequate to accommodate the use.
4. The Fire Department has reviewed the project to ensure adequate public and
emergency vehicle access is provided and has no concerns with the project.
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 project is conditioned with typical daytime and evening hours of operation that are
intended to encourage compatibility within the surrounding neighborhood.
2. The proposed massage establishment and day spa will provide therapeutic services to
the residents in the surrounding area and to visitors within the City.
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3. The project was reviewed by the Building Division, Public Works Department, Fire
Department, Code Enforcement Division, and Newport Beach Police Department
(NBPD). All recommended conditions of approvals have been included to help limit any
negative effects to 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. 25 is 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
to prevent problems of blight and deterioration, which accompany and are brought about
by a large number of massage establishments and the misuse of massage therapy as
a front for prostitution and other illegal activities.
2. While a massage establish shall not be located 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 proposed business is within 500
feet of the public beach.
3. The proposed use is within a managed, multi-tenant commercial building, which should
help discourage the operation of illegal activities.
4. The lack of late hours should also help prevent the business from being used for illegal
activities.
5. Fact 4 in Support of Finding E hereby incorporated by reference.
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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 subject property is not located within a blighted area and is well maintained.
2. Condition of Approval No. 28 requires all windows (except treatment room windows) to
remain visible and transparent in nature.
3. Condition of Approval No. 6, requires any signage to comply with the requirements of
Chapter 20.42 (Signs) of the NBMC. This condition should help prevent the proliferation
of signs advertising massage services or the installation of prohibited sign types, such
as animated and changeable copy signs or luminous tube lighting (i.e., neon).
4. While there are other massage establishments on the Balboa Peninsula, there does not
appear to be an overconcentration creating blight.
Finding:
H. The proposed use will not adversely affect a religious institution, school, park, or
playground;
Facts in Support of Finding:
1. While the project is located within 500 feet of the public beach, the project is not
anticipated to negatively impact beach goers.
2. The NBPD has reviewed the request for a waiver of location restrictions and has no
concerns regarding the location.
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 (PA2024-0056), subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
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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 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 and
floor plan 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 two (2) 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 NBMC.
7. This Minor Use Permit, as part of PA2024-0056, 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 NBMC, 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 subsequent review by the Planning Division and may
require an amendment to this Minor Use Permit or the processing of a new Use Permit.
10. Prior to the issuance of a building permit, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
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.
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12. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
13. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the NBMC, 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.
14. No outside paging system shall be utilized in conjunction with this establishment.
15. 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.
16. 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).
17. 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.
18. 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.
19. 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.
20. 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 Lux Massage Spa including, but not
limited to, Minor Use Permit (PA2024-0056). This indemnification shall include, but
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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.
Fire Department
21. Fire sprinkler plans shall be submitted for any tenant improvement work that may
obstruct or affect the water spray pattern of the fire sprinkler system.
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 (CBC). The construction plans must
meet all applicable State Disabilities Access requirements.
23. An accessible path of travel is required from the parking lot and public right of way to
the tenant space, in accordance with 11B-202.3 of the CBC.
Police Department
24. Strict adherence to Chapter 5.50 (Massage Establishments) of the NBMC shall be
required.
25. Prior to operation, the applicant 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).
27. The business shall maintain requirements of operation and submit to inspections by
officers of the NBPD.
Code Enforcement Division
28. All windows (except treatment room windows) shall remain visible and transparent in
nature. Window signage shall comply with the NBMC.
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.
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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.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Minor Use Permit
2727 Newport Boulevard, Suite 204
(PA2024-0056)
Project Site
18
Attachment No. ZA 3
Project Plans
19
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21
Tmplt: 10/18/21
Attachment No. ZA 4
Police Department Memorandum
22
1
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Daniel Kopshever, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: July 24, 2024
SUBJECT: Lux Massage Spa
2727 Newport Blvd. Suite 204
At your request, the Police Department has reviewed the project application for Lux Massage
Spa located at 2727 Newport Blvd. Suite 204, Newport Beach. The applicant requests a minor
use permit to establish an 850-square foot massage and day spa.
The proposed business will require a Massage Operator License issued by the Newport Beach
Police Department per Municipal Code (NBMC) 5.50.040.
Per NBMC 5.50.015, all employees of the applicant business who conduct massage must be
certified massage therapists by the California Massage Therapy Council (physicians, physical
therapists, and chiropractors exempt).
The Police Department has no objections to this project as proposed by the applicant at this time.
The following conditions would be appropriate for the business:
Strict adherence to Newport Beach Municipal Code 5.50 must be upheld.
All employees of the applicant business who conduct massage must be certified by the
California Massage Therapy Council (CAMTC) (physicians, physical therapists, and
chiropractors exempt).
The applicant or primary massage therapist must obtain and hold in good standing, a Massage
Operator License issued by the Newport Beach Police Department.
If you have any questions, please contact me at (949) 644-3705 or wjoe@nbpd.org.
Wendy Joe
Civilian Investigator, Special Investigations
23
September 26, 2024, Zoning Administrator Item 3 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. 3. Lux Spa Newport LLC Minor Use Permit (PA2024-0056)
1. On handwritten page 10, Fact in Support of Finding F.2 appears to contain a typo: “While
a massage establish establishment shall not be located 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 proposed business is within
500 feet of the public beach.” It is furthermore not clear how being within 500 feet of the
public beach supports a finding compliance with the code unless it is noted the location
requirement can be (and apparently is being) waived.
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 2 technicians are allowed on the premises, there could, by definition, be no more
than 2 “performing.”
If the intent is, instead, to allow more than 2 technicians on the premises, but only allow
2 performing at a time, then it would seem better to say that without limiting the number
onsite.
3. Although the conditions of approval reiterate the limitations on construction noise, they
appear to omit the usual condition in use permits warning that once operating, “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.”
Is that omission intentional?
Zoning Administrator - September 26, 2024 Item No. 3a - Additional Materials Received Lux Spa Newport LLC Minor Use Permit (PA2024-0056)