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HomeMy WebLinkAboutZA2025-010 - APPROVING A MINOR USE PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT 4321 BIRCH STREET, SUITE 120 (PA2024-0202)RESOLUTION NO. ZA2025-010 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. Zoning Administrator Resolution No. ZA2025-### Page 2 of 11 10-18-21 SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The 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; Zoning Administrator Resolution No. ZA2025-### Page 3 of 11 10-18-21 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, massage use 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 medical office use. 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. 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 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. Zoning Administrator Resolution No. ZA2025-### Page 4 of 11 10-18-21 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. 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: Zoning Administrator Resolution No. ZA2025-### Page 5 of 11 10-18-21 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 approval 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. 24 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. 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: Zoning Administrator Resolution No. ZA2025-### Page 6 of 11 10-18-21 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 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. Zoning Administrator Resolution No. ZA2025-### Page 7 of 11 10-18-21 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. Zoning Administrator Resolution No. ZA2025-### Page 8 of 11 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans 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 and 8:00 a.m. and 6:00 p.m., Saturdays. Noise-generating construction activities are not allowed on Sundays or Holidays. Zoning Administrator Resolution No. ZA2025-### Page 9 of 11 10-18-21 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 Zoning Administrator Resolution No. ZA2025-### Page 10 of 11 10-18-21 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 may be 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. Zoning Administrator Resolution No. ZA2025-### Page 11 of 11 10-18-21 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.