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HomeMy WebLinkAboutZA2025-026 - APPROVING A MINOR USE PERMIT FOR A PERSONAL SERVICES, RESTRICTED LAND USE LOCATED AT 1220 BISON AVENUE, SUITE A-3 (PA2025-0040)RESOLUTION NO. ZA2025-026 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR A PERSONAL SERVICES, RESTRICTED LAND USE LOCATED AT 1220 BISON AVENUE, SUITE A-3 (PA2025-0040) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rad Ahad (Applicant), with respect to property located at 1220 Bison Avenue, Suite A-3 and legally described as Lot 6 of Tract Number 12309 (Property). 2. The Applicant proposes to convert a 1,200-square-foot commercial tenant space, Suite A-3, within the Newport North Shopping Center into a day spa (Personal Services, Restricted) use. The Applicant will reconfigure the suite from a former Pilates studio into a day spa with four treatment rooms, reception area, lobby area, office, break room, and restroom. The day spa will offer traditional facials, microneedling, and hydrofacials from 9:00 a.m. to 8:00 p.m., daily, by appointment only (Project). 3. The Property is zoned North Ford Planned Community (PC-5) and located within the Area 3 (Commercial) subarea. The Property is categorized as General Commercial (CG) by the Land Use Element of the General Plan. 4. The Property is not located within the Coastal Zone; therefore, a coastal development permit is not required. 5. A public hearing was held on May 15, 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. The Project is exempt from the California Environmental Quality Act (CEQA) under 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 exceptions to this categorical exemption under Section 15300.2 are not applicable. 2. The Class 1 exemption authorizes minor alterations of existing structures involving negligible or no expansion of use. The Project will improve a vacant suite within an existing building to operate a day spa with no increase in floor area and no intensification of use. Therefore, the Class 1 exemption is applicable. Zoning Administrator Resolution No. ZA2025-026 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. 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 the minor use permit 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 categorized as General Commercial (CG) by the Land Use Element of the General Plan. The CG category is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. These may include professional and medical offices, restaurants, retail, and service uses. The day spa proposes a personal service use consistent with this land use designation. 2. 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. The Project supports Policy LU 2.1 by providing a personal service which enhances the well-being, health, and quality of life of local residents. Skin care services are increasingly recognized as part of holistic wellness, supporting physical and mental health through preventive care, stress relief, and self-care routines. Locating such services within the community ensures convenient access for residents, reduces the need for travel outside the city, and helps maintain a balanced mix of services that support daily life. Additionally, the project contributes to the local economy by generating employment opportunities and encouraging small business activity, all while fitting harmoniously within developed commercial areas and without adversely impacting natural resources or open space. 3. 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. Facts in Support of Finding: 1. The Property is within the Commercial land use (Area 3) of the North Ford Planned Community (PC-5). This area of PC-5 allows the location of light, general commercial activities engaged in the sale of products to the general public. The Project is a day spa, which is a service use, and is consistent with categorization. 2. Section VI.B (Commercial, Area 3 – Permitted Uses) of PC-5 allows service uses of a convenience nature by right. As convenience nature is not further defined, the NBMC is Zoning Administrator Resolution No. ZA2025-026 Page 3 of 8 used to better classify the use. In this case, the proposed operational characteristics suggest the use is most similar to a day spa, which the NBMC considers a “Personal Services, Restricted” land use. The NBMC requires the approval of a MUP to operate a Personal Services, Restricted land use within commercial zoning districts, therefore an MUP is required for the Project. 3. Section VI.H (Commercial, Area 3 - Parking) of PC-5 provides a parking requirement of one space per 250 square feet of gross floor area and one loading space for each 10,000 square feet of gross floor area. Other compatible commercial uses, as determined by the Community Development Director, are parked in accordance with Section 20.40.030 (Requirements for Off-Street Parking) of the NBMC. The NBMC provides that Personal Services uses, including Personal Services, Restricted, are parked at a rate of one space per every 250 square feet of gross floor area. The Project does not increase the parking demand of the shopping center. 4. Based upon the parking rate provided in PC-5, the shopping center requires 257 parking spaces. As the Project site is served by a 270-space surface parking lot, adequate parking is available onsite. 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. Adjacent uses include residential apartments to the north, office and industrial uses to the west, the Bluffs Shopping Center to the east, and single-family residential properties to the south, across Bison Avenue. 2. The Project is compatible with the surrounding uses as it proposes similar hours of operation to the surrounding commercial land uses, is fully contained within an existing suite, and operates by appointment only. 3. Although the requested hours of operation are from 9:00 a.m. to 6:00 p.m. daily, Condition of Approval No. 6 allows the day spa to operate until 8:00 p.m., to allow for greater operational flexibility. The conditioned hours of operation are similar to the other uses in the shopping center and limit operational conflicts with nearby land uses during the evenings and weekends. 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. Facts in Support of Finding: Zoning Administrator Resolution No. ZA2025-026 Page 4 of 8 1. The Newport North Shopping Center is rectangularly shaped, 4.84 acres in size, and developed with two in-line multi-tenant buildings, two freestanding buildings, and a service station. Vehicular access is provided from either Bison Avenue or Camelback Street. The shopping center has functioned satisfactorily in the current configuration and the Project will not modify the layout or change the operational characteristics of the shopping center. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the Property. The Project will not negatively affect emergency access, as the Project is limited to the conversion of a vacant commercial suite. 3. Three trash enclosures are provided in proximity to the Project suite and within the on- site parking lot. The nearest enclosure to the Project is in the westernmost area of the parking lot. The size of the trash enclosure is adequate to accommodate the Project and is conveniently located where materials can be deposited and collected. The enclosure does not block or impede access to the parking spaces. The existing trash enclosure is adequately screened pursuant to Section VI.L (Commercial, Area 3 – Refuse Collection Areas) of PC-5 Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The Project was reviewed by the Building, Fire, and Public Works departments. There are no objections to the Project. 2. Conditions of Approval Nos. 7 and 8 are intended to minimize potential conflicts with the surrounding land uses by limiting the number of treatment rooms to four and by conditioning the hours of operation to 9:00am to 8:00pm daily, similar to the other personal service uses in the shopping center. 3. The Project will serve the surrounding neighborhood, as it provides an additional personal service option for residents and visitors, and is anticipated to be consistent with the harmonious and orderly growth of the city. 4. The Project is not anticipated to create noise impacts to the nearby residential uses, as the Project is entirely enclosed within an existing building. There are no unusual services offered with potential to adversely impact the surrounding environment. 5. The Project is not authorized to provide accessory massage services. Condition of Approval No. 10 requires an amendment to this use permit should the applicant propose to add massage at a later time. Zoning Administrator Resolution No. ZA2025-026 Page 5 of 8 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 (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 Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit filed as PA2025-0040, 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 is filed with the Community Development Director in accordance with the provisions of Section 20.54.060 (Time Limits and Extensions) of the NBMC. PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF MAY, 2025. Zoning Administrator Resolution No. ZA2025-026 Page 6 of 8 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project 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. A material violation of any of those laws in connection with the use may cause the 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 are detrimental to the public health, welfare, or materially injurious to the Property or improvements in the vicinity or if the Property is operated or maintained to constitute a public nuisance. 5. Any change in operational characteristics, expansion in the area, or other modification to the approved plans shall require review by the Planning Division. An amendment to this minor use permit or the processing of a new use permit may be required. 6. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Section 20.54.060 (Time Limits and Extensions) of the NBMC. 7. The hours of operation shall be limited to between 9:00 a.m. and 8:00 p.m., daily. 8. The use shall be limited to a maximum of four treatment rooms. 9. All treatments shall take place within one of the four treatment rooms. 10. Massage services are prohibited under this Minor Use Permit. Any provision of massage services, whether incidental or primary to the approved use, shall require subsequent review by the Planning Division and an amendment to this use permit. 11. Prior to the issuance of a building permit, a copy of this Resolution including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans Zoning Administrator Resolution No. ZA2025-026 Page 7 of 8 12. 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. 13. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this day spa 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 NBMC to require such permits. 14. 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, and 8:00 a.m. and 6:00 p.m. on Saturdays. Noise-generating construction activities are not allowed on Sundays or Holidays. 15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 16. The business operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the Property and adjacent properties during business hours, if directly related to the patrons of the establishment. 17. The reciprocal arrangement for ingress, egress and parking that applies to the subject property shall remain in effect for the duration of this day spa. 18. All signs shall conform to the provisions of the North Ford Planned Community District regulations and Chapter 20.42 (Signs) of the NBMC, where applicable. 19. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting) of the NBMC. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 20. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from the view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 21. All trash shall be stored within the building, except when placed for pick-up by refuse collection agencies. 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). 22. Trash receptacles for patrons shall be conveniently located inside of the establishment. Zoning Administrator Resolution No. ZA2025-026 Page 8 of 8 23. The exterior of the business shall be always 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. 24. 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. 25. 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 on pick-up days. 26. 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 leasing agent. 27. 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 OC Skincare Minor Use Permit including, but not limited to, PA2025-0040. 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, the City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 28. 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.