HomeMy WebLinkAbout04_Vive Spa Minor Use Permit PA2025-0167CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 26, 2025
Agenda Item No. 4
SUBJECT: Vive Spa (PA2025-0167)
▪Minor Use Permit
SITE LOCATION:
APPLICANT:
OWNER:
410 West Coast Highway, Suite E
Anh Nguyen
Russell Fluter
PLANNER: Laura Rodriguez, Assistant Planner
lrodriguez@newportbeachca.gov, 949-644-3216
LAND USE AND ZONING
•General Plan Land Use Plan Category: General Commercial (CG)
•Zoning District: Commercial General (CG)
PROJECT SUMMARY
A request for a minor use permit to allow the operation of a massage establishment within
an existing multi-tenant commercial building. The establishment is located within a 325-
square-foot suite and is proposing to operate daily with no late hours (after 11:00 p.m.).
No alteration or improvement to the existing suite are proposed.
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 Minor use permit No.
PA2025-0167 (Attachment No. ZA 1).
DISCUSSION
Land Use and Zoning
•The subject property is categorized as General Commercial (CG) by the Land Use
Element of the General Plan and located in the Commercial General (CG) Zoning
District. The CG category is intended to provide for areas appropriate for a wide variety
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Vive Spa (PA2025-0167)
Zoning Administrator, November 26, 2025
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of commercial activities oriented primarily to serve citywide or regional needs. The
proposed massage establishment is consistent with the land uses permitted within
these categories, as it provides an additional service to the nearby residents and
visitors to the city in an otherwise vacant tenant space. Pursuant to Table 2-5 of
Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit
Requirements) of the Newport Beach Municipal Code (NBMC), a massage
establishment is a permitted land use in the CG Zoning District, subject to approval of
a minor use permit.
Proposed Operation
• The establishment is proposing to provide massage therapy services within an
existing 325-square-foot commercial suite (Suite E), located within an existing multi-
tenant commercial building (Exhibit 1, below). No alterations or improvements to the
existing suite are proposed as a part of the project.
Exhibit 1: Project Location
• As conditioned, the hours of operation are limited to between Monday through Friday,
10:00 a.m. to 7:00 p.m., Saturday 11:00 a.m. to 6:00 p.m., and Sunday 11:00 a.m. to
5:00 p.m. The surrounding uses consists of office, personal services, restaurants, and
retail. The proposed hours of operation are compatible with the surrounding uses.
• The property is oriented towards West Coast Highway and approximately 120 feet
from residential dwellings across West Coast Highway south of the property.
Additionally, the property directly abuts residential properties located north of the site
on Kings Road. However, the establishment is not expected to disturb the nearby
Suite E
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Vive Spa (PA2025-0167)
Zoning Administrator, November 26, 2025
Page 3
residences as there are limited hours of operation, and the establishment is relatively
small (325 square feet).
Required Parking
•Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces Required) of
the NBMC, massage establishments must provide one parking space per 200 square
feet of gross-floor area. Alternatively, the City may also establish the parking
requirements for a massage establishment through the use permit process. Based on
a massage establishment’s required parking ratio, the project is required to provide
two parking spaces on the property. The suite was previously used as an
administrative office, which was also required to supply two parking spaces. Since
there is no change to the parking requirement of two spaces, the Project complies with
the parking requirements of the NBMC.
Location Requirements
•The project is not located within 500 feet of a public or private school, park or
playground, civic center, cultural site, or religious institution. The nearest school is
Ensign Intermediate School, which is located at the corner of Cliff Drive and Irvine
Avenue and is approximately 1,700 feet northwest of the subject property. The nearest
park is Lower Castaways Park which is located at the corner of East Coast Highway
and Dover Drive and is approximately 725 feet easterly of the subject property. The
nearest religious institution is Saint Andrew Presbyterian Church which is located at
the corner of Saint Andrews Road and Clay Street and is approximately 1,820 feet
north of the subject property.
•The project is not located within 500 feet of another massage establishment.
Police Department Review
•The Newport Beach Police Department (NBPD) has reviewed the project and has no
concerns regarding the proposed massage establishment.
•Condition of Approval No. 30 is included to ensure the applicant will obtain an
Operator’s Permit from the NBPD in compliance with Chapter 5.50 (Massage
Establishments) of the NBMC prior to operation of the business.
ENVIRONMENTAL REVIEW
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.
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Vive Spa (PA2025-0167)
Zoning Administrator, November 26, 2025
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The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The Applicant indicated that no tenant improvements
were requested as a result of the Project. The existing commercial suite is proposed to
operate as a massage establishment with no intensification of use. Additionally, no new
floor area is proposed.
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.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
____________________________
Laura Rodriguez, Assistant Planner
DL/lr
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Newport Beach Police Department Memorandum
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A
MINOR USE PERMIT FOR A MASSAGE ESTABLISHMENT
LOCATED AT 410 WEST COAST HIGHWAY, SUITE E (PA2025-
0167)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Anh Nyguen (Applicant) of Vive Spa, concerning property
located at 410 West Coast Highway, Suite E, and legally described as Lots 10 and 11 of
Tract No.1210 (Property) requesting approval of a minor use permit.
2. The Applicant requests a minor use permit to allow the operation of a massage
establishment within an existing multi-tenant commercial building. The establishment is
located within a 325-square-foot suite and is proposing to operate daily with no late
hours (after 11:00 p.m.). No alteration or improvement to the existing suite are proposed
(Project).
3. The Property is designated General Commercial (CG) by the General Plan Land Use
Element and is located within the Commercial General (CG) Zoning District.
4. The Property is not located within the coastal zone.
5. A public hearing was held on November 26, 2025, online via Zoom. A notice of the 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.
2. The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The Applicant indicated that no tenant improvements
were requested as a result of the Project. The existing commercial suite is proposed to
operate as a massage establishment with no intensification of use. Additionally, no new
floor area is proposed.
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Zoning Administrator Resolution No. ZA2025-###
Page 2 of 8
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
By Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and
Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Property is designated CG by the Land Use Element of the General Plan. The CG
category is intended to provide for areas appropriate for a wide variety of commercial
activities oriented primarily to serve citywide or regional needs.
2. The Project is consistent with the land uses permitted within this land use designation.
The Project will provide a massage therapy service to the nearby residents and visitors
to the City in an otherwise vacant tenant space.
3. The Property is not a 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. Fact 1 in Support of Finding A is hereby incorporated by reference.
2. Pursuant to Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land Uses
and Permit Requirements) of the NBMC, a massage establishment is a permitted land
use in the CG Zoning District, subject to approval of a minor use permit.
3. Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces Required) of
the NBMC, massage establishments must provide one parking space per 200 square
feet of gross-floor area. Alternatively, the City may also establish the parking
requirements for a massage establishment through the use permit process. Based on a
massage establishment’s required parking ratio, the Project is required to provide two
parking spaces on site. The suite was previously used as an administrative office, which
was also required to provide two parking spaces. Since there is no change to the parking
requirement of two spaces, the Project complies with the parking requirements of the
NBMC.
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Zoning Administrator Resolution No. ZA2025-###
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4. The Project is consistent with the legislative intent of Section 20.48.120 (Massage
Establishments and Services) and Chapter 5.50 (Massage Establishments) of the
NBMC. These sections provide standards for the establishment, location, and operation
of massage establishments operated as an independent use. The intent is to promote
the operation of legitimate massage services and to prevent problems of blight and
deterioration that may result from an overconcentration of massage establishments.
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 tenant space is located on the first floor of a multi-tenant commercial building. The
Project is proposed within an existing 325-square-foot suite and no tenant improvements
are proposed as a result of the Project.
2. The proposed hours of operation are Monday through Friday, 10:00 a.m. to 7:00 p.m.,
Saturday 11:00 a.m. to 6:00 p.m., and Sunday 11:00 a.m. to 5:00 p.m. The surrounding
uses consists of office, personal services, restaurants, and retail. The proposed hours
of operation are compatible with the surrounding uses.
3. The Property is oriented towards West Coast Highway and approximately 120 feet from
residential dwellings across West Coast Highway south of the property. Additionally, the
Property directly abuts residential properties located north of the site on Kings Road.
However, the Project is not expected to disturb the nearby residences as there are
limited hours of operation, and the establishment is relatively small (325 square feet).
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and for 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 is located within an existing multi-tenant commercial building along West
Coast Highway in Mariner’s Mile. The Property includes an 18-space, on-site parking lot
which is accessible from West Coast Highway.
2. Given that the Project does not intensify parking on the Property, the provided parking
should be adequate to accommodate the Project.
3. The Fire Department has reviewed the Project to ensure adequate public and
emergency vehicle access is provided and has no concerns with the Project.
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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 is conditioned with typical daytime and evening hours of operation that will
minimize any detriment to the surrounding area and encourage compatibility with the
existing uses in the surrounding neighborhood.
2. The Project will provide additional services to the residents in the surrounding area and
visitors to the City.
3. The Project has been reviewed by the Building Division, Public Works Department, Fire
Department, and Newport Beach Police Department (NBPD). All recommended
conditions of approvals have been included to help limit any negative effects to persons
visiting or working in the surrounding neighborhood.
4. The NBPD has reviewed the Project and has no objections. Condition of Approval No.
30 has been included to ensure the applicant obtains an Operator’s Permit from the
NBPD in compliance with Chapter 5.50 (Massage Establishments) of the NBMC.
Location Requirements
In accordance with Section 20.48.120 (A) (Massage Establishments and Services – Location
Requirements) of the Newport Beach Municipal Code (NBMC), the following findings and facts
in support of such findings are set forth:
Finding:
F. The massage establishment shall not be located within 500 feet of a public or private
school, park or playground, civic center, cultural site, or religious institution.
Facts in Support of Finding:
1. The intent of this section is to promote the operation of legitimate massage services and
prevent problems of blight and deterioration, which accompany and are brought about
by large number of massage establishments and the misuse of massage therapy as a
front for prostitution and other illegal activities.
2. The nearest park is Lower Castaways Park, which is located at the corner of East Coast
Highway and Dover Drive and is approximately 725 feet east of the Property.
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Zoning Administrator Resolution No. ZA2025-###
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3. The nearest school is Ensign Intermediate School, which is located at the corner of Cliff
Drive and Irvine Avenue and is approximately 1,700 feet northwest of the Property.
4. The nearest religious institution is Saint Andrew Presbyterian Church which is located
at the corner of Saint Andrews Road and Clay Street and is approximately 1,820 feet
north of the Property.
Finding:
G. The massage establishment shall not be located within 500 feet of another massage
establishment site.
Fact in Support of Finding:
1. The Project is not located within 500 feet of another massage establishment.
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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
(PA2025-0167) 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 or a call for review is filed with the
Community Development Director by the provisions of Title 20 Planning and Zoning, of
the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF NOVEMBER, 2025.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The Project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
2. 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 be cause for revocation of this Minor
Use Permit.
3. 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.
4. Prior to the issuance of a building permit, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
5. The hours of operation shall be between Monday through Friday, 10:00 a.m. to 7:00
p.m., Saturday 11:00 a.m. to 6:00 p.m., and Sunday 11:00 a.m. to 5:00 p.m.
6. This Minor Use Permit shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC,
unless an extension is otherwise granted.
7. 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
property or improvements in the vicinity or if the property is operated or maintained to
constitute a public nuisance.
8. Any change in operational characteristics, expansion in the area, or other modification
to the approved Project, shall require an amendment to this Minor Use Permit or the
processing of a new Use Permit.
9. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, in the opinion of the Director
of Community Development, the illumination creates an unacceptable negative impact
on surrounding land uses or environmental resources. The Director may order the
dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
10. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards)
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and 10.26.030 (Interior Noise Standards), and other applicable noise control
requirements of the Newport Beach Municipal Code (NBMC).
11. 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.
12. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday,
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are
not allowed on Sundays or Holidays.
13. No outside paging system shall be utilized in conjunction with this establishment.
14. 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 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.
15. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
16. The exterior of the business shall be always maintained free of litter and graffiti. 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.
17. 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).
18. 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.
19. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
20. A Special Events Permit is required for any event or promotional activity outside the
normal operating 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
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media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
21. To the fullest extent permitted by law, the 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 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 Vive Spa including, but not limited to, Minor Use
Permit (PA2025-0167). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred
in connection with such claim, action, causes of action, suit, or proceeding whether
incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding.
The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages
that which City incurs in enforcing the indemnification provisions outlined in this condition.
The applicant shall pay to the City upon demand any amount owed to the City under the
indemnification requirements prescribed in this condition.
Building Division
22. The Applicant shall obtain a building permit for the change of use and/or occupancy.
23. An accessible path of travel shall be required from the parking lot and public right of way
to the tenant space.
Fire Department
24. A fire extinguisher sized at 2A:10BC shall be installed within the tenant space.
Police Department
25. Strict adherence to the NBMC Section 5.50 (Massage Establishments) shall be upheld.
26. All employees of the Applicant business who conduct massages shall be certified by the
California Massage Therapy Council (CAMTC) (physicians, physical therapists, and
chiropractors exempt).
27. The Applicant or primary massage therapist shall obtain and hold in good standing, a
Massage Operator License issued by the Newport Beach Police Department.
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Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Minor Use Permit
PA2025-0167
410 West Coast Highway, Suite E
Subject Property
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Attachment No. ZA 3
Newport Beach Police Department Memorandum
16
1
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Laura Rodriguez, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 15, 2025
SUBJECT: Vive Spa
410 West Coast Highway
PA2025-0167
At your request, the Police Department has reviewed the project application for Vive Spa located
at 410 West Coast Highway, Newport Beach. The applicant requests a minor use permit to
establish a small massage space where the owner will be the only massage therapist.
The proposed business will require a Massage Operator License issued by the Newport Beach
Police Department per Municipal Code (NBMC) 5.50.040.
Per NBMC 5.50.015, all employees of the applicant business who conduct massage must be
certified massage therapists by the California Massage Therapy Council (CAMTC) (physicians,
physical therapists, and chiropractors exempt). The applicant is a permitted therapist and is
currently in good standing with the CAMTC. Her permit will expire March 5, 2026.
The Police Department has no objections to this project as proposed by the applicant at this time.
The following conditions would be appropriate for the business:
Strict adherence to Newport Beach Municipal Code 5.50 must be upheld.
All employees of the applicant business who conduct massage must be certified by the
California Massage Therapy Council (CAMTC) (physicians, physical therapists, and
chiropractors exempt).
The applicant or primary massage therapist must obtain and hold in good standing, a Massage
Operator License issued by the Newport Beach Police Department.
If you have any questions, please contact me at (949) 644-3705 or wjoe@nbpd.org.
Wendy Joe
Civilian Investigator, Special Investigations
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