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HomeMy WebLinkAbout01_09-26-2024_ZA_Minutes - DRAFT Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, SEPTEMBER 26, 2024 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (Remote): Benjamin M. Zdeba, AICP, Zoning Administrator Daniel Kopshever, Assistant Planner Melinda Whelan, Assistant Planner II. REQUEST FOR CONTINUANCES None. III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF SEPTEMBER 12, 2024 Zoning Administrator Zdeba acknowledged and addressed written comments received. Action: Approved as amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 Thai Massage Body Balance Minor Use Permit (PA2023-0080) Site Location: 4425 Jamboree Road, Suite 170 Council District 3 Melinda Whelan, Assistant Planner, provided a brief project description stating that a minor use permit is being requested to allow the operation of a massage establishment within an existing office building. The tenant space is 1,846 square feet with seven individual massage rooms, a lobby, and a reception area. The space also includes a kitchenette, break room, storage and closet space for employee use. The business proposes to operate daily without late hours (after 11 p.m.). Assistant Planner Whelan addressed the applicant’s request to modify the parking rate. She stated that the massage use is not specified in the Planned Community Development Plan and, as such, the standard parking requirement from the Newport Beach Municipal Code (NBMC) would apply. For a massage establishment use, the NBMC requires one space per 200 square feet of gross floor area, which results in a parking requirement of 10 spaces in this case. However, she noted that a parking requirement may also be established through the use permit process. The requested is one space per 250 square feet of gross floor area, which results in eight spaces. To ensure the reduced parking is adequate, the project is conditioned to limit up to five massage technicians onsite. The previous tenant’s parking rate was one space per 225 square feet of net floor area, which results in nine spaces; therefore, no additional parking is required. Assistant Planner Whelan added that the office uses onsite that share the parking have typical business hours of 8:00 a.m. to 6:00 p.m. She suggested a revision to the resolution to clarify that the limit on the maximum number of massage technicians would not apply Monday through Friday after 6:00 p.m. or Saturday-Sunday due to the offsetting hours of operation of the existing office complex. Assistant Planner Whelan addressed that the proposed massage establishment meets all the location requirements of the NBMC. The Police Department has reviewed the project and has no concerns. An MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/26/2024 Page 2 of 3 operator’s permit will be required to be obtained from the Police Department. Conditions were added from the Building Division for improvement of the space to meet Building Code requirements for the change of use. In response to written public comments, Assistant Planner Whelan clarified the construction activity of Saturday hours and the noise requirements of the project. Staff was able to make all the required findings and recommends approval from the Zoning Administrator. Zoning Administrator Zdeba asked Assistant Planner Whelan to clarify the future construction of a park at Uptown Newport. Due to the park not existing currently, the project meets the location requirements. If the park is added in the future, the massage establishment will remain as existing nonconforming. If future changes in operation necessitate an amendment to the use permit, additional facts and findings would be needed to waive the location requirements in proximity to the park. The building orientation faces the parking lot away from Uptown Newport while providing services to the residents of the area. Zoning Administrator Zdeba opened the public hearing. Applicant Robert Hudgens of Thai Massage Body Balance, stated that he had reviewed the draft resolution and agrees with all the required conditions. One member of the public, Jim Mosher, commented on the restroom and trash enclosure layout and its accessibility to the subject tenant space. Zoning Administrator Zdeba closed the public hearing. Assistant Planner Whelan confirmed that the trash enclosure and restrooms are shared onsite. Action: Approved as amended ITEM NO. 3 Lux Spa Newport LLC Minor Use Permit (PA2024-0056) Site Location: 2727 Newport Blvd, Suite 204 Council District 2 Daniel Kopshever, Assistant Planner, provided a brief project description stating that a minor use permit is being requested for a day spa and massage establishment. The requested tenant space is 855 square feet and includes five treatment rooms, a lobby, a reception room, and a utility area for employee use and storage. The parking rate is requested at one space per 250 feet of gross floor area with two massage technicians allowed on site at any one time. Two of the five treatment rooms are proposed for massage use, and therefore the massage element cannot be considered an accessory component of the primary use. Majority of the floor area will be designated for waxing, facials, and hair treatment, which are classified as personal services general. Due to the limitations on the massage component, the requested parking rate is appropriate and results in four required parking spaces. Assistant Planner Kopshever clarified that the mentioning of “net” floor area should instead be “gross.” The proposed hours are from 9:00 a.m. to 9:00 p.m. with no proposed late hours. The property is located between Newport Boulevard and Balboa Boulevard and meets all the location requirements of the Newport Beach Municipal Code (NBMC) for massage establishments. Conditions were added to have windows remain visible and transparent except for treatment rooms. Signage would also need to comply with NBMC. No new floor area is proposed and will have no impact to the visual quality, public views, and public coastal access to the coastal zone. In response to written public comments, Assistant Planner Kopshever clarified the allowed number of massage technicians allowed onsite along with the noise generated from the operation of the use. Zoning Administrator Zdeba addressed the written public comments regarding the location of the property near a public beach. He noted that an additional fact in support of finding should be added to address why the location is appropriate even though it is within 500 feet of the public beach. Zoning Administrator Zdeba opened the public hearing. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 09/26/2024 Page 3 of 3 Applicant David Dunlap of Lux Spa Newport LLC, stated that he had reviewed the draft resolution and agrees with all the required conditions. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as amended V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. VI. ADJOURNMENT The hearing was adjourned at 10:21 a.m. The agenda for the Zoning Administrator Hearing was posted on September 19, 2024, at 10:45 a.m. on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City’s website on September 19, 2024, at 10:39 a.m. Benjamin M. Zdeba, AICP Zoning Administrator