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HomeMy WebLinkAboutZA2025-045 - APPROVING A MINOR USE PERMIT FOR A DAY SPA (PERSONAL SERVICES, RESTRICTED LAND USE) LOCATED AT 3838 EAST COAST HIGHWAY (PA2024-0239)RESOLUTION NO. ZA2025-045 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR A DAY SPA (PERSONAL SERVICES, RESTRICTED LAND USE) LOCATED AT 3838 EAST COAST HIGHWAY (PA2024-0239) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Angela Lindsay of SoCal h2H on behalf of Marinho Cassiana of The 3838 Corona LLC with respect to property located at 3838 East Coast Highway and legally described as Lots 52 of Block B of Tract No. 673, requesting approval of a minor use permit. 2. A request for a minor use permit to allow the operation of a day spa establishment (Personal Services, Restricted), which includes accessory massage services. The applicant proposes to improve a 2,270-square-foot, single-story, commercial building to provide services such as: facials, superficial chemical peels, and accessory massage. The establishment would operate daily until 8:00 p.m., and no late hours (i.e., after 11:00 p.m.) are proposed. 3. The subject property is designated Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 10, 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. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project includes the operation of a day spa with minor alternations to the tenant space. Zoning Administrator Resolution No. ZA2025-045 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 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 General Plan Land Use category for this property is CC (Corridor Commercial), which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. The proposed day spa is a personal service use that is consistent with the land uses permitted within this land use designation. The use is intended to serve nearby residents of Corona del Mar as well as visitors to the City. 3. The proposed day spa would be located within an existing commercial building. While the tenant space is adjacent to residential neighborhoods, the building is oriented towards East Coast Highway where the properties fronting East Coast Highway are also in the CC (Commercial Corridor) Zoning District. 4. The subject 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 day spa is a permitted use in the CC (Commercial Corridor) Zoning District. The day spa (Personal Services, Restricted) use is permitted with the approval of a minor use permit. A minor use permit is required as the restricted uses may tend to have a blighting and/or deteriorating effect upon surrounding areas and may need to be dispersed from other similar uses to minimize adverse impacts. 2. Section 20.70 (Definitions) of the NBMC defines the 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. Zoning Administrator Resolution No. ZA2025-045 Page 3 of 8 3. Section 20.70 (Definitions) of the NBMC defines a massage services, accessory land use as a massage establishment that is regulated by State law and operated as an accessory use in conjunction with an approved health club, athletic club, gym, or hotel or in conjunction with a medical office or chiropractic office. For the purpose of this definition, an establishment that includes less than 25% of its floor area dedicated toward massage services is considered accessory. The proposed day spa includes lipomassage services which is considered accessory massage given it comprises less than 10% of the service offerings. The project was reviewed by the Police Department and determined not to require a massage permit under the Municipal Code given that lipomassage is not directly regulated or covered by the California Massage Therapy Council (CAMTC) certification. 4. A body piercing studio, another personal services, restricted land use, is located across Hazel Drive approximately 55 feet from the proposed day spa. The surrounding commercial uses are primarily retail, food service, beauty shops, and other commercial uses not classified as personal services, Restricted. Although not a personal services, restricted land use, the nearest massage business is located approximately 650-feet from the property. Therefore, the use is adequately dispersed from similar uses that may create adverse impacts. 5. The project site is nonconforming because it does not provide the required number of parking spaces. However, Section 20.38.060(B)(1) of the NBMC indicates that a use may be changed to a new use without providing additional parking provided no intensification or enlargement occurs and the new use requires a parking rate of no more than one space per 250-square-feet of gross building area. The proposed day spa is located within a vacant tenant space. Although the three previous suites were merged into one suite, the overall floor area was reduced by approximately 122 square feet. Therefore, no intensification or enlargement is proposed that would trigger additional parking. The primary use of the suite is personal services, which requires a parking rate of one space per 250-square-feet. Therefore, the project would not result in an intensification that requires additional parking pursuant to Section 20.38.060(B)(1). 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 proposed day spa is located within an existing commercial building that is compatible with the surrounding uses including retail commercial uses. 2. The existing commercial building is oriented towards East Coast Highway and facing away from the adjacent residential neighborhoods. The surrounding properties fronting East Coast Highway are also in the CC (Commercial Corridor) Zoning District to provide a range of commercial uses to serve nearby residential neighborhoods. The nearest residential dwelling is approximately 30 feet from the subject building and separated by the existing parking spaces for the building and an alley. Zoning Administrator Resolution No. ZA2025-045 Page 4 of 8 3. Condition of Approval No. 4 limits the hours of operation from 10:00 a.m. to 8:00 p.m., daily. The project does not propose late hours (past 11:00 p.m.) which will minimize any potential disturbance to the residential uses near the property. 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 project site is located west of the East Coast Highway and Hazel Drive intersection. East Coast Highway is a busy commercial corridor with heavy vehicular traffic and pedestrian activity. The onsite parking lot is located at the rear of the property and is conveniently located for patrons and employees. Vehicular access to the parking lot is available via an alley in the rear of the property that is accessible from Hazel Drive. The proposed day spa is not expected to result in increased vehicular and pedestrian traffic. 2. The day spa is proposed to be located within a recently improved 2,270-square-foot commercial building. The existing building was previously comprised of three tenant spaces; however, a tenant improvement was recently completed to combine the three tenant spaces into one. As a result, and in an effort to improve the site accessibility, a new entrance ramp has been incorporated which has resulted in a reduction in the gross floor area from 2,392 square feet to 2,270 square feet. The proposed day spa use will require a tenant improvement to construct ten individual treatment rooms, an office, employee breakroom, a lobby, and reception area. The design, location, shape, size, and operating characteristics of the use are compatible with the existing retail, personal services, and martial arts studio within the surrounding areas. 3. The Fire Prevention Division has reviewed the project to ensure adequate public and emergency vehicle access is provided and does not have any concerns with the proposed use. 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. Fact 3 in support of Finding C is hereby incorporated by reference. 2. The proposed day spa has been reviewed by the Building Division, Fire Prevention Division, and Public Works Department and the resolution includes appropriate conditions Zoning Administrator Resolution No. ZA2025-045 Page 5 of 8 of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The business operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 3. The Newport Beach Police Department (NBPD) has reviewed the Project and has no objections. In addition, it was determined by NBMC that the project does not require a massage permit under the Municipal Code given that lipomassage is not directly regulated or covered by the California Massage Therapy Council (CAMTC) certification. 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, 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 10TH DAY OF JULY, 2025. Zoning Administrator Resolution No. ZA2025-045 Page 6 of 8 EXHIBIT “A” CONDITIONS OF APPROVAL 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. The hours of operation shall be limited from 10:00 a.m. to 8:00 p.m., daily. 5. The Project’s accessory massage services shall be limited to a maximum of 25% of the overall operation. 6. 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. 7. 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 minor use permit may be required. 8. 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. 9. 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 10. 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. 11. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, which restricts hours of noise-generating construction Zoning Administrator Resolution No. ZA2025-045 Page 7 of 8 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. 12. 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. 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. The Project shall provide adequate, accessible, and convenient enclosed areas with solid roofs for collecting and loading solid waste, organic materials, and recyclable materials in compliance with Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the NBMC to the greatest extent possible as determined by the Community Development Department Director. 19. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (if available), 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). 20. Trash receptacles for patrons shall be conveniently located inside of the establishment. Zoning Administrator Resolution No. ZA2025-045 Page 8 of 8 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 SKINIC Day Spa including, but not limited to, the Minor Use Permit filed as PA2024-0239. 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 24. The Applicant shall 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. 25. The Project shall include an accessible path from the parking area and the public right of way to the tenant space. Fire Department 26. This project will require a fire sprinkler system in accordance with 2022 CFC 903 and 2022 NFPA13. Public Works Department 27. The Project parking layout shall comply with City Standard 105. 28. The Applicant shall install a new sewer clean out on the existing sewer lateral per City Standard 406.