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HomeMy WebLinkAbout05_Celine Facial Spa Minor Use Permit_PA2024-0233 03/13/2018 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 26, 2025 Agenda Item No. 5 SUBJECT: Celine Facial Spa (PA2024-0233)  Minor Use Permit SITE LOCATION: 326 Marine Avenue, Suite A APPLICANT: Ali Sadeghi, Celine PLANNER: Jerry Arregui, Assistant Planner jarregui@newportbeachca.gov, 949-644-3249 LAND USE AND ZONING  General Plan Land Use Plan Category: Mixed-Use Water 2 (MU-W2)  Zoning District: Mixed-Use Water (MU-W2)  Coastal Land Use Plan Category: Mixed-Use Water Related (MU-W)  Coastal Zoning District: Mixed-Use Water (MU-W2) PROJECT SUMMARY A request for a minor use permit to allow additional services, including injectables, to an existing skincare establishment. The 740 square-foot tenant space located within an existing mixed-use, multi-tenant, building will be improved to provide reception and waiting area, three treatment rooms, storage closet, and one restroom. The skincare establishment will offer a variety of facial hydration and rejuvenation services and ancillary injectable services and will operate similar to a day spa (i.e., personal services, restricted land use). Services will be offered on a walk-in or appointment basis and up to three employees will be on site at any given time. Proposed hours of operation are from 10:00 a.m. to 6:00 p.m., Sunday through Friday. 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. _ approving the Minor Use Permit filed as PA2024-0233 (Attachment No. ZA 1). 1 Celine Facial Spa (PA2024-0233) Zoning Administrator, June 26, 2025 Page 2 Tmplt: 04/03/18 DISCUSSION Land Use and Development Standards  The subject property is located on Balboa Island, within the Marine Avenue corridor. Other uses along Marine Avenue include marine related uses, professional and medical offices, service uses, retail uses, restaurants, and residential uses.  The property is zoned Mixed-Use Water (MU-W2) and is categorized as Mixed-Use Water 2 (MU-W2) by the Land Use Element of the General Plan.  The property is located within the Coastal Zone however a coastal development permit is not required as the proposed service use does not increase the parking requirement for the property and is not considered an intensification of use.  The property is currently developed with a two-story, mixed-use, multi-tenant, building. There are two commercial suites on the ground floor, two residential dwelling units above, as shown in Figure 1 below. There are four garage parking spaces accessed from the rear alley to serve the residential units. Figure 1: Image of Project Site from Marine Avenue Celine Facial Spa 2 Celine Facial Spa (PA2024-0233) Zoning Administrator, June 26, 2025 Page 3 Tmplt: 04/03/18  The project is proposed within the 740 square-foot suite addressed as Suite A. While Celine Facial Spa currently operates within Suite A, the space will be improved and will provide a reception and waiting area, three treatment rooms, and one restroom. As provided in the Applicant’s Project Description (Attachment No. ZA 3), the business will offer a variety of facial hydration and rejuvenation services and ancillary injectable services. Approximately three clients and three staff members are expected to be on site at any given time.  Section 20.70 (Definitions) of the Newport Beach Municipal Code (NBMC) provides specific examples of personal services, restricted land uses including day spas, healing arts, tanning salons, and body piercing studios. The project will operate like a day spa, where a variety of personal services are offered, and is categorized as a personal services, restricted land use.  Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of the NBMC allows personal services, restricted land uses within the MU-W2 Zoning District, subject to approval of a minor use permit (MUP).  As the project site does not provide the minimum number of parking spaces pursuant to Table 3-10 (Off-Street Parking Requirements) of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, the property is considered nonconforming for parking.  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 service uses. 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.  While the applicant intends to operate from 10:00 a.m. to 6:00 p.m. daily and closed on Saturdays, Condition of Approval No. 12 establishes allowable hours of operations from 8:00 a.m. to 8:00 p.m., daily. This allows for flexibility should future business operations warrant additional hours. The suggested hours of operation are consistent to that of other uses within the Marine Avenue corridor  The property is abutted to the rear by the residential neighborhood along Grand Canal. Due to the low impact operating characteristics of the small-scale skincare business and proposed hours of operation, the project is expected to be compatible with the nearby residential uses. 3 Celine Facial Spa (PA2024-0233) Zoning Administrator, June 26, 2025 Page 4 Tmplt: 04/03/18  The Project is not authorized to provide accessory massage services. Condition of Approval No. 6 requires an amendment to this MUP should the applicant propose to add massage services at a later date.  A trash enclosure is not currently provided on-site; however, all waste and recycling bins are located within the building. The project is not anticipated to generate an excessive amount of trash and is anticipated to have refuse needs similar to a professional office use. The skincare establishment will be cleaned daily, and trash will be disposed of in the onsite trash bins. Any hazardous material (e.g. needles) will be disposed of offsite. Condition of Approval No. 18 requires that the trash bins be located flush against the rear wall of the building fronting the alley to prevent encroachment into the alley setback during pickup days.  The Building Division and Fire Department have reviewed the project and have no objections to the project, subject to the appropriate conditions of approval, which have been incorporated into the draft resolution. Condition of Approval No. 25 requires the applicant to 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. ENVIRONMENTAL REVIEW This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Section 15301 under Class 1 (Existing Faclities). The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Class 1 exemption authorizes minor alterations of existing structures involving negligible or no expansion of use. The project is to add services to an existing skincare establishment and minor tenant improvement to the suite within an existing mixed-use, multi-tenant, building with no increase in floor area and no intensification of use. Therefore, the Class 1 exemption is applicable. 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. 4 Celine Facial Spa (PA2024-0233) Zoning Administrator, June 26, 2025 Page 5 Tmplt: 04/03/18 APPEAL PERIOD: An appeal may be filed with the Community Development Director 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: JP/ja Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant’s Project Description ZA 4 Project Plans 5 Attachment No. ZA 1 Draft Resolution 6 RESOLUTION NO. ZA2025-### 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 326 MARINE AVENUE, SUITE A (PA2024-0233) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ali Sadeghi (Applicant) concerning the property located at 326 Marine Avenue, Suite A and legally described as Lot 14 of Block 14 of Section 4 of the Balboa Island Tract (Property) requesting approval of a minor use permit (MUP). 2. The Applicant requests to add additional services, including injectables, to an existing skincare establishment. The 740 square-foot tenant space located within an existing mixed-use, multi-tenant, building will be improved to provide reception and waiting area, three treatment rooms, storage closet, and one restroom. The skincare establishment will offer a variety of facial hydration and rejuvenation services and ancillary injectable services and will operate similar to a day spa (i.e., personal services, restricted land use). Services will be offered on a walk-in or appointment basis and up to three employees will be on site at any given time. Proposed hours of operation are from 10:00 a.m. to 6:00 p.m., Sunday through Friday (Project). 3. The Property is categorized as Mixed-Use Water 2 (MU-W2) by the Land Use Element of the General Plan and is located within the Mixed-Use Water (MU-W2) 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-W2) Coastal Zoning District. The proposed service use does not increase the parking requirement and therefore it is not considered an intensification of use that would require a coastal development permit. 5. A public hearing was held on June 26, 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. 7 Zoning Administrator Resolution No. ZA2025-### Page 2 of 9 01-17-23 2. The Class 1 exemption authorizes minor alterations of existing structures involving negligible or no expansion of use. The Project is to add services to an existing skincare establishment and minor tenant improvement to the suite within an existing mixed-use, multi-tenant, building 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 2 (MU-W2). Table LU1 (Land Use Plan Categories) of the Land Use Element specifies that the MU-W2 designation applies to waterfront locations in which marine- related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The Project is consistent with the MU-W2 General Plan land use designation as it adds additional services to a personal service use and complements the other uses within the Marine Avenue corridor. The increased offerings provide an additional amenity to the surrounding community and visitors to the City of Newport Beach. 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 an existing building which provides an additional service to surrounding residents 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-W2) Zoning District. Similar to the Land Use categorization of Mixed-Use Water 2 (MU-W2), the MU-W2 Zoning District 8 Zoning Administrator Resolution No. ZA2025-### Page 3 of 9 01-17-23 allows for marine-related uses to be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The Project is considered a service use and is therefore consistent with the intent of the MU-W2 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 existing business currently offers a limited menu of skincare services. The Project will increase the amount of services the business offers to include facial hydration and rejuvenation services with ancillary injectable services. With the additional facial services, the business will operate more 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-W2 Zoning District, subject to approval of a MUP. 4. The Property is developed with two commercial suites and two residential units above but only provides four parking spaces. The Property is considered nonconforming for parking. 5. 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 service uses. Pursuant to NBMC Section 20.38.060 (Nonconforming Parking) a use with nonconforming parking may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs, and the new use requires a parking rate of no more than one space per 250 square feet of gross building 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 on the north end of Marine Avenue, near the entrance to Balboa Island. Marine Avenue is a mixed-use corridor that is developed with marine related uses, professional and medical offices, service uses, retail uses, restaurants, and 9 Zoning Administrator Resolution No. ZA2025-### Page 4 of 9 01-17-23 residential uses. The Project provides a personal service that is compatible with the uses of the surrounding area. 2. Due to the operational characteristics of the skincare establishment, the Project is not anticipated to generate public inconveniences or nuisances such as noise, light, or odors. Furthermore, only three clients and three staff members are expected to be on site at any given time. 3. While the Applicant intends to operate from 10:00 a.m. to 6:00 p.m. Sunday through Friday and closed on Saturday, Condition of Approval No. 12 establishes allowable hours of operations from 8:00 a.m. to 8:00 p.m., daily. Condition of Approval No. 12 is intended to provide flexibility in operating hours to accommodate potential changes in business operations in the future. The conditioned hours of operation are consistent with other uses within the Marine Avenue corridor. 4. The Property is abutted to the rear by the residential neighborhood along Grand Canal. Due to the low impact operating characteristics of the small-scale facial spa business and proposed hours of operation, the Project is expected to be compatible with the nearby residential uses. 5. The Property has trash bins located within the building for the Project. The Project is not anticipated to generate an excessive amount of trash and is anticipated to have refuse needs similar to professional office uses. The skincare establishment will be cleaned daily, and trash will be disposed in the onsite trash bins. Any hazardous materials (e.g. needles) will be disposed of offsite. Condition of Approval No. 18 requires that the trash bins be located flush against the rear wall of the building fronting the alley to prevent encroachment into the alley setback during pickup days. 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. Marine Avenue and Balboa Island are densely developed with residential, commercial and mixed-use buildings. Due to the density of the island and the high visitation rate, it is anticipated that the main customer base for the service will likely already be on Balboa Island. Therefore, the Project is not anticipated to increase the level of pedestrian or vehicular traffic that is already experienced on Balboa Island. 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 Marine Avenue and the alley will be maintained, providing adequate public and emergency vehicle access. 10 Zoning Administrator Resolution No. ZA2025-### Page 5 of 9 01-17-23 4. Condition of Approval No. 22 requires that delivery vehicles or service vehicles associated with the Project use Marine Avenue rather than park or idle in the alley behind the Property. 5. The Building Division and Fire Department have reviewed the Project and have no concerns with the Project, subject to the appropriate conditions of approval. Condition of Approval No. 25 requires the Applicant to 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. This ensures the proposed tenant layout complies with Building and Fire Codes. 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 low-impact, personal service use to an existing mixed-use, multi- tenant, building. 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 MUP should the Applicant propose to add massage services at a later date. 3. The Project has been reviewed and includes conditions of approval to help minimize potential conflicts with the surrounding land uses as much as 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 is not anticipated to be detrimental 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. 11 Zoning Administrator Resolution No. ZA2025-### Page 6 of 9 01-17-23 2. The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit filed as PA2024-0233 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 26TH DAY OF JUNE 2025. _______________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 12 Zoning Administrator Resolution No. ZA2025-### Page 7 of 9 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. 13 Zoning Administrator Resolution No. ZA2025-### Page 8 of 9 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. Noise-generating construction activities are not allowed on Saturdays, 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 8:00 a.m. and 8:00 p.m., daily. 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 and screened from the view of neighboring properties, except when placed for pick-up by refuse collection agencies. The Applicant shall ensure that the trash bins are located flush against the rear wall of the building fronting the alley to prevent encroachment into the alley setback during pickup days. The Applicant shall ensure that the trash bins are maintained to control odors. This may include the provision of periodic steam cleaning of the trash bin, if deemed necessary by the Planning Division. Cleaning and maintenance of trash bins shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 19. Trash receptacles for patrons shall be conveniently located inside of the establishment. 14 Zoning Administrator Resolution No. ZA2025-### Page 9 of 9 01-17-23 20. 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. 21. Deliveries and refuse collection for the business 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 Community Development Director. 22. Delivery vehicles or service vehicles associated with the Project shall utilize Marine Avenue and shall not park or idle in the alley adjacent to the Property. 23. 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. 24. 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 Celine Facial Spa including, but not limited to, the Minor Use Permit filed as PA2024-0233. 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 25. 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. 26. An accessible path of travel from parking and public right-of-way to the subject tenant space shall be required per Section 11B-202.4 of the California Building Code (CBC) 27. Treatments rooms shall comply with Section 11B-805.4 of the CBC. 28. Restrooms shall be accessible per Section 11B-213.2 of the CBC. 29. Egress door located at the residential garage shall comply with Section 1010.1.2 of the CBC. 15 03/13/2018 Attachment No. ZA 2 Vicinity Map 16 03/13/2018 VICINITY MAP Minor Use Permit (PA2024-0233) 326 Marine Avenue, Suite A Subject Property 17 Attachment No. ZA 3 Applicant’s Project Description Letter 18 From: Ali Sadeghi To: Newport City Ref# 326 Marine Ave Suite A, Newport Beach Business Name: Celine Med Spa Project description: Minor Use Permit Date: 06/11/2025 To whom it may concern, My name is Ali Sadeghi. I am a practicing physician who is the current tenant at 326 Marine Aven, Suite A, Newport Beach. I have purchased an existing operation as a day spa from a prior owner on October 16th, 2024. I have applied for a minor use permit application and to comply with the use permit I am making the existing bathroom to an ADA compliant bathroom. Currently the use is for facial day spa operation. There are 3 treatment rooms operating as of current. The business has offered various skin facials and products for the past 2 years. I would like to incorporate adding additional services to performing noninvasive cosmetics doing Botox or dermal fillers. Simply current existing clients will choose to receive this service after their facials or after purchasing products. There will NOT be any invasive procedures performed on any clients or any medical office treatments. I will be using only one treatment room as injectables. And will use the other two rooms as it is for facial massage room. I will have 3 employees and currently operate 10am-6pm everyday except Saturdays. The scope of the project will only entails making the existing bathroom ADA compliant as per requirement. Work will be done in 1-2 days. If you need any additional information, please do not hesitate to contact me at 985 381 6758 Regards, Ali Sadeghi 19 Attachment No. ZA 4 Project Plans 20 21 22 23 24 25 26 27 28 29 30