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HomeMy WebLinkAboutZA2025-030 - APPROVING A MINOR USE PERMIT FOR PERSONAL SERVICES, RESTRICTED LAND USE LOCATED AT 2901 WEST COAST HIGHWAY, SUITE 100 (PA2025-0022)RESOLUTION NO. ZA2025-030 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A MINOR USE PERMIT FOR PERSONAL SERVICES, RESTRICTED LAND USE LOCATED AT 2901 WEST COAST HIGHWAY, SUITE 100 (PA2025-0022) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jennifer Karsting (Applicant) concerning the property located at 2901 West Coast Highway, Suite 100 and legally described as Parcel 1 of Page 39 of Book 199 of Miscellaneous Maps as recorded in the Office of the County Recorder of Orange County (Property) requesting approval of a minor use permit. 2. The Applicant proposes to operate a health and wellness lounge within a 3,726 square- foot tenant space within an existing office building. The Applicant will improve the space to provide a waiting area, eight therapy rooms, an office, a changing room, and two restrooms. The health and wellness lounge will offer services such red light beds, saunas, cryotherapy, salt rooms, and intravenous therapy. The requested hours of operation are 6:00 a.m. to 9:00 p.m. Monday to Friday, and 7:00 a.m. to 7:00 p.m. Saturday and Sunday. Late hour operations (i.e., after 11:00 p.m.) are not proposed (Project). 3. The Property is categorized as Mixed-Use Water 1 (MU-W1) by the Land Use Element of the General Plan and is located within the Mixed-Use Water (MU-W1) Zoning District. 4. The Property is located within the Coastal Zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and is located within the Mixed-Use Water (MU-W1) Coastal Zoning District. The proposed service use does not increase the parking requirement for the Property and is not considered an intensification of use, therefore, a coastal development permit is not required. 5. A public hearing was held on May 29, 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) 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. Zoning Administrator Resolution No. ZA2025-030 Page 2 of 10 01-17-23 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 office building to operate as a health and wellness lounge with no increase in floor area and no intensification of use. Therefore, the Class 1 exemption is applicable. 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 Land Use Element of the General Plan categorizes the Property as Mixed-Use Water 1 (MU-W1). Table LU1 (Land Use Plan Categories) of the Land Use Element specifies that the MU-W1 designation applies to waterfront locations along the Mariners’ Mile Corridor in which marine-related, visitor-serving, commercial and residential uses are intermixed with buildings that provide residential uses above the ground floor. The Project is consistent with the MU-W1, as it provides a personal service use that complements the other uses within the Mariners’ Mile Corridor and will provide an additional amenity for visitors, the surrounding commercial and office uses, and the community at large. 2. Land Use Policy LU2.1 (Resident-Serving Land Uses) of the Land Use Element of the General Plan encourages 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. The Project diversifies the allowed uses within the building and helps to provide an additional service to nearby residents and visitors to the City, in an otherwise vacant tenant space, and is therefore consistent with Land Use Policy LU2.1. 3. The Property is not located within 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 located within the Mixed-Use Water (MU-W1) Zoning District. Similar to the Land Use categorization of Mixed-Use Water 1 (MU-W1), the WU-W1 Zoning District Zoning Administrator Resolution No. ZA2025-030 Page 3 of 10 01-17-23 is also intended to apply to waterfront properties along the Mariners’ Mile Corridor in which non-residential uses and residential dwelling units are intermixed. The Project is service use and is therefore consistent with the intent of the MU-W1 Zoning District. 2. Section 20.70 (Definitions) of the NBMC defines personal services, restricted land use as a personal service use that may have a blighting and/or deteriorating effect on surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts. The NBMC provides specific examples of personal services, restricted land uses including day spas, healing arts, tanning salons, and body piercing studios. The NBMC does not have a health or wellness land use, nor does it provide a definition for one. The Project offers red light beds, saunas, cryotherapy, a salt room, and intravenous therapy. The Project will operate like a day spa, where a variety of personal services are offered, and would therefore be categorized as personal services, restricted land use. 3. Pursuant to Table 2-9 (Mixed Use Zoning Districts Permit Requirements) of Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of the NBMC, a personal services, restricted use is permitted within the MU-W1 Zoning District, subject to approval of a minor use permit (MUP). 4. Table 3-10 (Off-Street Parking Requirements) of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC requires an off-street parking rate of one space per 250- square-feet of gross-floor area for personal services. The tenant space is 3,726 square feet which results in a parking requirement of 15 spaces. Pursuant to Section 20.38.060 (Nonconforming Parking) of the NBMC, a use with nonconforming parking may be changed to a new use allowed in that zoning district without providing additional parking, provided there is no intensification or enlargement (e.g., increase in floor area, or lot area), and the new use requires a parking rate of no more than one space per 250 square feet of gross floor area. The Project requires a parking rate of one space per 250 square feet of gross floor area and does not increase the gross floor area of the tenant space; therefore, no additional parking is required. 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 Property is located within a multi-tenant office building within the Mariners’ Mile Corridor. Mariners’ Mile is a mixed-use corridor that is developed with variety of uses including marine related uses, professional and medical offices, service uses, retail uses, and restaurants. The Project provides a personal service that is compatible with the uses of the surrounding area. Zoning Administrator Resolution No. ZA2025-030 Page 4 of 10 01-17-23 2. The Project is not anticipated to generate public inconveniences or nuisances such as noise, light, or odors. Approximately five clients and three staff members are expected to be on site at any given time. 3. Condition of Approval No. 12 limits hours of operations between 6:00 a.m. and 9:00 p.m. Monday to Friday, and 7:00 a.m. and 7:00 p.m. on Saturday and Sunday. These hours of operation would allow for the provision of before and after work services to employees of the Mariners’ Mile Corridor and surrounding area. There are no sensitive uses that are directly abutting the Property that would be affected by the morning or evening operation of the Project. The hours are also generally consistent with the other uses on the Property and surrounding uses in the area. 4. The Property abuts the Newport Harbor and is not immediately adjacent to any residential neighborhoods. The nearest residential development is a multi-family building, approximately 250 feet west of the Property. The nearest residential neighborhood is approximately 700 feet northeast of the Property across Coast Highway. No impacts to any residential uses are expected due to the distance, intervening uses and proposed operations of the Project. 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: 1. The Property is flat, rectangular in shape, and measures approximately 21,666 square feet in area. It is developed with multi-tenant office building and a total of 239 parking spaces within the surface parking lot, subterranean parking lot, and offsite parking lot. The Project is located within a 3,726 square foot vacant tenant space within a three- story office building. 2. The Property is located within a developed, commercial, area and is adequately served by existing public services and utilities. 3. Existing vehicular and pedestrian access points to the Property from West Coast Highway will be maintained, providing adequate public and emergency vehicle access. 4. The Property has several trash dumpsters located on the first floor parking area. The project is not anticipated to generate an abnormal amount of trash and is similar to that of professional office uses. The lounge will be cleaned daily, and trash will be disposed in the onsite dumpsters and any hazardous material (e.g. IV needles) will be disposed offsite. Zoning Administrator Resolution No. ZA2025-030 Page 5 of 10 01-17-23 5. The Project is not anticipated to generate an abnormal amount of trash and is similar to that of professional office use. The tenant space will be cleaned daily, and all trash will be disposed of offsite. 6. The Building Division and Fire Department have reviewed the Project and have provided Conditions of Approvals. Condition of Approval No. 24 which requires the Applicant to obtain all applicable permits from the City’s Building Division and Fire Department which ensures the proposed equipment and tenant layout complies with Building and Fire Codes. The applicant is also required to apply for a building permit for a change in use and/or change of occupancy. 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 adds a personal service use to an existing office building where professional offices exist. The Project diversifies the allowed uses within the building and helps the property owner lease the currently vacant space. The Project is not anticipated to endanger, jeopardize, or otherwise constitute a hazard to the public. 2. The Project is not authorized to provide accessory massage services. Condition of Approval No. 6 requires an amendment to this Minor Use Permit should the Applicant propose to add massage services at a later time. 3. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Condition of Approval No. 13 requires the business operator 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. Based on the NBMC requirements and the proposed conditions of approval, the Project should not result in a detriment to the surrounding community. 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 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. Zoning Administrator Resolution No. ZA2025-030 Page 6 of 10 01-17-23 2. The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit filed as PA2025-0022 subject to the conditions outlined 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 Chapter 20.64 (Appeals) of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF MAY, 2025. Zoning Administrator Resolution No. ZA2025-030 Page 7 of 10 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project shall be in substantial conformance with the approved 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 Minor Use Permit may be required. 6. 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 Minor Use Permit. 7. 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. 8. 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. 9. 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. Zoning Administrator Resolution No. ZA2025-030 Page 8 of 10 01-17-23 10. 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. 11. 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. 12. The hours of operation shall be limited to between 6:00 a.m. and 9:00 p.m. Monday to Friday and 7:00 a.m. and 7:00 p.m. on Saturday and Sunday. 13. 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. 14. 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 NBMC to require such permits. 15. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Sign Standards) of the NBMC. 16. 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. 17. 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. 18. 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. 19. 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 Zoning Administrator Resolution No. ZA2025-030 Page 9 of 10 01-17-23 be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 20. Trash receptacles for patrons shall be conveniently located inside of the establishment. 21. Storage outside of the building in the front or at the rear of the Property shall be prohibited, with the exception of the trash container on pick-up days. 22. 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. 23. 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 the Eleve Longevity Lounge including, but not limited to, the Minor Use Permit filed as PA2025-0022. 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 the 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 24. The Applicant shall obtain all applicable permits from the City’s Building Division and Fire Department, including a building permit for a change in use and/or change of occupancy. The construction plans must comply with the most recent, City-adopted version of the California Building Code. 25. The Applicant shall provide 5% or at least 1 of each service to be accessible. 26. The Applicant shall provide 5% or at least one changing room to be accessible. 27. Drape system at doorway is not permitted in an accessible path of travel unless the drape system can be operated in the same manner as doors per California Building Code Section 11B-206.4 and 11B-206.5. 28. An accessible path of travel from parking and public right-of-way to the subject tenant space shall be required. Zoning Administrator Resolution No. ZA2025-030 Page 10 of 10 01-17-23 Fire Department 29. Cryotherapy systems shall comply with Section 608 of the 2022 California Fire Code. 30. An annual fire operational permit shall be required prior to final inspection. 31. Alterations to the existing floor plan may require fire sprinkler alterations. 32. All saunas shall require a high temperature fire sprinkler to be installed.