HomeMy WebLinkAbout03_Chaba Thai Massage and Spa MUP_PA2024-0202CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 27, 2025
Agenda Item No. 3
SUBJECT: Chaba Thai Massage & Spa (PA2024-0202)
▪Minor Use Permit
SITE LOCATION: 4321 Birch Street, Suite 120
APPLICANT: Hattox Design Group LLC
OWNER: 4321 Birch Partners LTD
PLANNER: Oscar Orozco, Associate Planner
949-644-3219, oorozco@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: AO (Airport Office and Supporting Uses)
•Zoning District: OA (Office-Airport)
PROJECT SUMMARY
A request for a minor use permit to allow the operation of a massage establishment within
an existing tenant space. The project involves the occupancy of a 3,074-square-foot suite
with 14 individual massage rooms, lobby, and reception area. The project also includes a
break room, lockers, laundry area, and storage for employee use. The massage
establishment is proposed to operate daily between 10 a.m. and 8 p.m. No late hours are
proposed (after 11 p.m.).
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. ZA2025-__ approving a Minor Use
Permit (Attachment No. ZA 1) filed as PA2024-0202.
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DISCUSSION
• The project site is in the Airport Office and Supporting Uses (AO) General Plan
Land Use and the Office-Airport (OA) Zoning District which is intended to provide
for areas appropriate for the development of properties adjoining the John Wayne
Airport for uses that support or benefit from airport operations. These may include
corporate and professional offices; automobile sales, rental, and service; aviation
sales and service; hotels; and accessory retail, restaurant, and service uses. The
existing medical office building is not adjacent to any residential neighborhoods.
Instead, it is surrounded by similarly zoned properties towards the west and south
in the OA Zoning District, while those located to the east and north are within
Commercial Planning Area 2 of the Newport Airport Village Planning Community
(PC 60). The proposed use is consistent with the Zoning District and General Plan
Land Use.
• The proposed massage establishment is consistent with the AO designation of the
General Plan as it will provide a commercial use to serve residents and visitors to
the area. Pursuant to Table 2-4 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 OA Zoning District
subject to approval of a minor use permit.
• The massage establishment is proposed to be located in a 3,074-square-foot suite
and will consist of 14 individual massage rooms, a lobby, and reception area. The
project also includes break room, lockers, laundry area, and storage for employee
use.
• The proposed hours of operation are between 10 a.m. and 8 p.m., daily. No late
hours (after 11 p.m.) are proposed. The surrounding uses include a health and
fitness studio, medical offices, and professional offices. 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 existing medical and professional office building was constructed in the 1960s
and does not comply with the current parking requirements of the NBMC. However,
the proposed use would not result in an intensification of the nonconforming
parking on-site.
• Proposed uses such as medical or massage that have the same rate as the
existing medical use can occupy the building to match the existing nonconforming
medical uses and maintain the same level of parking intensity on the site. The
existing nonconforming building includes a total of 19,965 square-feet of medical
space. Therefore, up to 19,965 gross square-feet can be occupied with uses that
require a rate of one space per 200 square-feet. The Zoning Code requires a
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parking rate of one space per 200 square-feet for massage establishments, or
otherwise established by a conditional use permit. For this project, the one space
per 200-square-feet parking requirement is appropriate, and the proposed project
complies.
• The existing 60 parking spaces have been adequate to accommodate parking
demand for patrons and employees of the multi-tenant building. The proposed
allowance for massage use is not anticipated to result in an intensification of use
and will not require the provision of additional parking. Condition of Approval No.
12 is included to ensure that the future buildout of the various tenant spaces will
not result in over 19,965 square-feet of uses that require a parking rate of one
space per 200 square-feet of floor area.
• Although the proposed massage use is located within 500 feet of another proposed
massage business at 4301 Birch Street, the Newport Beach Police Department
(NBPD) has no objection to this project and supports waiving the restriction
outlined in NBMC 20.48.120 (Massage Establishments and Services). This
applicant has successfully maintained another location in the City of Newport
Beach for several years with no complaints or unsuccessful inspections. The
proposed use is located adjacent to John Wayne Airport and surrounding
commercial uses. There are no public or private schools, playgrounds, or religious
institutions within 500 feet of the subject property.
• The NBPD has reviewed the project and has no concerns regarding the proposed
massage establishment. Condition of Approval No. 26 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.
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 expansion to the existing
structure is proposed.
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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:
____________________________
Oscar Orozco, Associate Planner
DL/oo
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description Letter
ZA 4 Police Department Memorandum
ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A
MINOR USE PERMIT FOR A MASSAGE ESTABLISHMENT
LOCATED AT 4321 BIRCH STREET, SUITE 120 (PA2024-0202)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Hattox Design Group LLC (Applicant) on behalf of Chaba Thai
Massage and Spa, with respect to property located at 4321 Birch Street, Suite 120, and
legally described as Lot 5 of Tract 5169 (Property) 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 a
3,074-square-foot suite with 14 individual massage rooms, lobby, and reception area. The
project also includes a break room, lockers, laundry area, and storage for employee use.
The massage establishment would operate daily between 10 a.m. and 8 p.m., and no late
hours are proposed (after 11 p.m.) (Project).
3.The Property is designated Airport Office and Supporting Uses (AO) by the General Plan
Land Use Element and is located within the Office-Airport (OA) Zoning District.
4.The Property is not located within the coastal zone.
5.A public hearing was held on February 27, 2025, 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.
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 expansion to the
existing structure is 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 Property is designated AO (Airport Office and Supporting Uses) in the Land Use
Element of the General Plan, which is intended to provide for areas appropriate for the
development of properties adjoining the John Wayne Airport for uses that support or
benefit from airport operations. These may include corporate and professional offices;
automobile sales, rental, and service; aviation sales and service; hotels; and accessory
retail, restaurant, and service 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 Project is consistent with the AO designation, as it will provide services that support
the surrounding commercial uses and the region at large. The Project will serve and
complement the nearby John Wayne Airport and the surrounding business community,
as visitors and employees would be able to conveniently access massage services in
close proximity to the airport.
4. The Project is consistent with the land uses permitted within this land use designation,
as it will provide an additional service to the surrounding neighborhood in a tenant space
that is currently vacant.
5. The 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;
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Facts in Support of Finding:
1. The Property is located in the OA (Office-Airport) Zoning District which is intended to
provide for areas appropriate for the development of properties adjoining the John
Wayne Airport for uses that support or benefit from airport operations. These may
include corporate and professional offices; automobile sales, rental, and service;
aviation sales and service; hotels; and accessory retail, restaurant, and service uses.
The proposed use is considered a service use and is therefore consistent with the intent
of the land use designation.
2. Pursuant to Table 2-4 of Section 20.22.020 (Commercial Zoning Districts Land Uses
and Permit Requirements) of the NBMC, both personal services, restricted uses
(acupuncture, healing arts, etc.) and massage uses are personal services uses that may
be permitted in the OA Zoning District subject to the approval of a minor use permit
(MUP).
3. The tenant space in the existing medical office building is not located adjacent to
residential neighborhoods. The properties located to the south and west are also in the
OA (Office-Airport) Zoning District while those located to the east and north are within
Commercial Planning Area 2 of the Newport Airport Village Planned Community (PC60).
These areas provide for a range of commercial uses.
4. The existing medical and professional office building was constructed in the 1960s and
does not comply with the current parking requirements of the NBMC. However, the
proposed uses would not result in an intensification or increase in the degree of
nonconformity. Further, evidence exists to support that the proposed use will ultimately
result in a similar parking demand to the prior professional office and medical office
uses. Condition of Approval No. 12 has been included to maintain adequate parking on-
site.
5. In 2005, a Zoning Code amendment (City Council Ordinance No. 2005-1) increased the
parking requirement for medical office uses from one space per 250 net square-feet to
one space per 200 gross square-feet of floor area, increasing the parking nonconformity.
Therefore, the existing medical uses are nonconforming. The existing 19,965 square-
feet of medical uses are still considered nonconforming under the current NBMC.
6. The Project will include a variety of uses with different parking requirements. Proposed
uses such as medical or massage that have the same rate as the existing medical use
can occupy the building, to match the existing nonconforming medical use and maintain
the same level of parking demand on the site. The existing nonconforming building
includes a total of 19,965 square-feet of medical. Accordingly, up to 19,965 gross
square-feet can be occupied with uses that require a rate of one space per 200 square-
feet.
7. The existing 60 parking spaces have been adequate to accommodate parking demand
for patrons and employees of the multi-tenant buildings. The proposed allowance for the
massage use is not anticipated to result in an intensification of use and will not require
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the provision of additional parking. Conditions of approval are included to ensure that
the future buildout of the various tenant spaces will not result in over 19,965 square-feet
of uses that require a parking rate of one space per 200 square-feet of floor area.
8. The Project 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. While the Project is located within 500 feet of another proposed
massage business at 4301 Birch Street, the NBPD has no objection to this project and
supports waiving the restriction outlined in NBMC 20.48.120 (Massage Establishments
and Services). The Applicant has successfully maintained another location in the City of
Newport Beach for several years with no complaints or unsuccessful inspections.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
Facts in Support of Finding:
1. The Project is proposed within an approximately 3,074 square-foot tenant space within
an existing medical building. The proposed use will consist of 14 individual massage
rooms, a lobby, and reception area. The use also includes break room, lockers, laundry
area, and storage for employee use.
2. The proposed hours of operations are between 10:00 a.m. and 8:00 p.m., daily. No late
hours (after 11 p.m.) are proposed. The surrounding uses include a health and fitness
studio, medical offices, and professional offices. The proposed hours of operation are
compatible with the other uses in the vicinity and will not contribute to noise or other
disruptions in the area.
3. The existing commercial building is oriented towards Birch Street and is not adjacent to
any residential neighborhoods. The nearest residential zoning district is approximately
3,000 feet to the subject property.
4. The Property and surrounding area consist of a mixture of professional offices, a hotel,
car rental services, as well as service uses that serve residents and visitors in the
surrounding area. The Project will provide a service that supports residents, local
employees, and visitors, consistent with the existing uses in the area.
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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 Property is located on Birch Street within an existing multi-tenant medical building.
The parking lot is located along the sides and at the rear of the property. It is accessed
through a driveway approach along Birch Street.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property and the proposed massage establishment and personal
services uses will not change this.
3. Facts 4 through 7 in support of Finding B are hereby incorporated by reference.
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. Condition of Approval No. 11 has been included to limit operating hours from 10 a.m. to
8 p.m. in order to minimize any detriment to the surrounding area.
2. The proposed massage establishment will provide additional services to the residents
and visitors in the surrounding area.
3. The Project has been reviewed by the Building, Public Works, Fire, and Police
Departments. Recommended conditions of approvals have been included in the
attached Exhibit “A” to limit any detrimental effects to the surrounding neighborhood.
4. The NBPD has reviewed the project and has no objections to this project as proposed.
Condition of Approval No. 26 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.
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Waiver of Location Restrictions
In accordance with Section 20.48.120(B) (Massage Establishments and Services – Waiver of
Location Restrictions) of the 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 Project is located within 500 feet of another proposed massage business
at 4301 Birch Street, the NBPD has no objection to this Project and supports waiving
the restriction outlined in NBMC 20.42.120. This Applicant has successfully maintained
another location in the City of Newport Beach for several years with no complaints or
unsuccessful inspections.
3. There will be no late hours of operation, as the Project is conditioned to operate between
10:00 a.m. and 8:00 p.m., daily.
4. 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.
5. Condition of Approval No. 25 has also been included to ensure that all employees that
conduct massage services on the premises must be certified by the California Massage
Therapy Council (CAMTC) (physicians, physical therapists, and chiropractors exempt).
Finding:
G. The proposed use will not enlarge or encourage the development of an urban blight
area; and
Facts in Support of Finding:
The Project is located in a single tenant space within a managed, multi-tenant medical office
building, which will prevent problems and discourage the development of urban blight. The
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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 Property is located adjacent to John Wayne Airport and surrounding commercial
uses. There are no public or private schools, playgrounds, or religious institutions within
500 feet of the Property.
2. The Property has adequate lighting and is visible from Birch Street.
3. The NBPD has reviewed the request for a waiver of location restrictions and has no
concerns regarding the Project and its proposed 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 (PA2024-0202), 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 27TH DAY OF FEBRUARY 2025.
________________________________
Liz Westmoreland, 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. 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.
5. 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.
6. 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.
7. 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.
8. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC.
9. 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.
10. 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.
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11. The hours of operation shall be between 10 a.m. and 8 p.m., daily.
12. The floor area of land uses which require a parking rate of one space per 200 square
feet shall not exceed 19,965 square feet total within the Property.
13. No outside paging system shall be utilized in conjunction with this establishment.
14. 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.
15. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
16. 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.
17. 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.
18. 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.
19. 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.
20. This Minor Use Permit, as part of PA2024-0202, 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.
21. 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
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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 Chaba Thai Massage and Spa including, but not limited to, Minor Use
Permit (PA2024-0202). 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 the 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.
Police Department
23. Strict adherence to Newport Beach Municipal Code Chapter 5.50 (Massage
Establishments) shall be upheld.
24. Prior to operation, the Applicant’s business shall apply for and obtain an Operator’s
Permit from the Chief of Police and keep said permit in good standing.
25. All employees of the Applicant’s business who conduct massage services on the
premises must be certified by the California Massage Therapy Council (CAMTC)
(physicians, physical therapists, and chiropractors exempt).
26. 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.
Fire Department
27. The Applicant shall prepare and submit a fire sprinkler plan to the Newport Beach Fire
Department for review.
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.
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29. The names of employees shall be posted upon entry, meanwhile contact information
and a 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.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Minor Use Permit
PA2024-0202
4321 Birch St, Suite 120
Subject Property
18
Attachment No. ZA 3
Project Description Letter
19
20
21
22
23
24
25
26
Attachment No. ZA 4
Police Department Memorandum
27
1
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Oscar Orozco, Associate Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: November 8, 2024
SUBJECT: Chaba Thai
4321 Birch St. Suite 120
PA2024-0202
At your request, the Police Department has reviewed the project application for a new massage
therapy establishment located at 4321 Birch St. Suite 120, Newport Beach.
The proposed business will require a Massage Operator License issued by the Newport Beach
Police Department per Municipal Code (NBMC) 5.50.040. An inspection will be conducted prior
to business opening. 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).
Although the proposed business is within 500 feet of another proposed massage business at 4301
Birch, the Police Department has no objection to this project and supports waiving the restriction
outlined in NBMC 20.42.120. This applicant has successfully maintained another location in the
city of Newport Beach for several years with no complaints or unsuccessful inspections.
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
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Attachment No. ZA 5
Project Plans
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FIRE SPRINKLER DRAWINGS TO BE SUBMITTED UNDER SEPARATEDEFERRED SUBMITTAL.
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