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HomeMy WebLinkAboutZA2026-008 - APPROVING A MINOR USE PERMIT AND ADJUSTING THE PARKING RATE FOR A MASSAGE ESTABLISMENT LOCATED AT 2737 COAST HIGHWAY EAST, SUITE C (PA2024-0201)RESOLUTION NO. ZA2026-008 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT AND ADJUSTING THE PARKING RATE FOR A MASSAGE ESTABLISHMENT LOCATED AT 2737 COAST HIGHWAY EAST, SUITE C (PA2024-0201) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jack Meola of Sky Thai Massage, LLC (Applicant), with respect to property located at 2737 Coast Highway East Suite C, and legally described as Lot 4 in Block E of Tract No. 323, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 14, pages 40 and 41 of Miscellaneous Maps, in the office of the county recorder of said county (Property). 2. The Applicant requests a minor use permit (MUP) to allow for the operation of a massage establishment within an approximately 382-square-foot suite located in an existing multi-tenant commercial building. The suite consists of one primary treatment room containing two massage beds, a unisex restroom, shower, kitchenette and storage area. There is one on-site parking space provided and it is designated for employee use. Provided services will include massage and assisted stretching. Proposed hours of operation are 10 a.m. to 7 p.m., daily and appointments are made online. Also included is a request to modify the parking rate for the massage establishment (Project). 3. The subject property is categorized as Corridor Commercial (CC) by the Land Use Element of the General Plan and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is located within the Coastal Zone. The Coastal Land Use Plan category is Corridor Commercial – (0.0 – 0.75 FAR) (CC-B) and the Coastal Zoning District is Commercial Corridor (CC). The Project is not considered an intensification of use, therefore, the Project is not considered development pursuant to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) and no coastal development permit is required . 5. A public hearing was held on February 26, 2026, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2026-008 Page 2 of 11 10-18-21 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. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The Project does not propose any tenant improvements to accommodate the new use and no new floor area is proposed. Additionally, the Project is not considered an intensification of use. Therefore, the Class 1 exemption is applicable. SECTION 3. REQUIRED FINDINGS. 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 project site is categorized as CC by the Land Use Element of the General Plan. The CC categorization 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. Land Use Policy LU 2.1 (Resident-Serving Land Uses) of the Land Use Element of the General Plan is intended to accommodate uses that support the needs of Newport Beach residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. 3. The proposed massage establishment is consistent with the land uses suggested by the CC categorization as the proposed use will provide an additional service to nearby residents and visitors to the City in an otherwise vacant tenant space. 4. The subject property is not part of a specific plan area. Zoning Administrator Resolution No. ZA2026-008 Page 3 of 11 10-18-21 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 subject property is located within the CC Zoning District. Similar to the CC land use category, the CC Zoning District is intended to provide areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 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 permitted in the CC 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, the City may establish the parking requirements for a massage establishment through the use permit process. Two massage beds will be available in the 382-square-foot suite at any given time. Condition of approval No. 5 limits the Project to a maximum of two massage technicians providing massage services at any one time. While two massage beds are available, the suite size is small and only one client will be massaged at any one time, with the exception of couple’s massage bookings which are less common. Due to the limited number of employees, patrons, and a low intensity of use, a one per 250 parking ratio is appropriate to support the use. Pursuant to Section 21.38.060(B)(1) (Nonconforming Parking) of the NBMC, a new use requiring one space per 250 square feet of gross building area is allowed to operate without proving additional parking, provided no intensification or enlargement occurs. 4. The proposed massage establishment 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 code sections provide standards for the establishment, location, and operation of independent massage establishments. The intent of the code sections 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 basement floor of a multi-tenant commercial building. The suite would require no improvements to implement the use, as the suite is already set up to offer one treatment room, a restroom, shower, kitchenette and storage area. Zoning Administrator Resolution No. ZA2026-008 Page 4 of 11 10-18-21 2. The existing commercial building is located within a commercial center where there are other commercial uses. Residential dwellings fronting Fernleaf Avenue are located adjacent to the parking lot serving the proposed use. The nearby residences are separated from the subject property by an alley. The nearest residential property is approximately 15 feet away from the entrance to the proposed massage establishment. With the suite being located below grade, there will be no noise or visual impact to the nearby residences. 3. Hours of operations are proposed from 10 a.m. to 7 p.m., daily. Surrounding uses within the same commercial center include fast casual restaurants, retail, general office, and other personal services. The project does not propose late hours (i.e., past 11 p.m.) and is not likely to cause noise or disruptions to surrounding uses. 4. While no construction is proposed, a building permit is required to document the change of use. Condition of Approval Nos. 22 and 23 require that c onstruction plans meet all applicable State Disabilities Access requirements and show an accessible path of travel. 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; and Facts in Support of Finding: 1. The project site is located between Fernleaf Avenue and Goldenrod Avenue, within the basement level of an existing, two-story, multi-tenant, commercial building. There is one on-site parking space available in a surface parking lot, which is accessed from the alley at the rear of the property. 2. Fact 3 in Support of Finding B is hereby incorporated by reference. 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. 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 are intended to encourage compatibility within the surrounding neighborhood. Zoning Administrator Resolution No. ZA2026-008 Page 5 of 11 10-18-21 2. The proposed massage establishment will provide therapeutic services to the residents in the surrounding area and to visitors within the City. 3. The project was reviewed by the Building Division, Public Works Department, Fire Department, Code Enforcement Division, 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 to this project as proposed. Condition of Approval No. 25 is included to ensure the applicant obtains an Operator’s Permit from the NBPD in compliance with Chapter 5.50 (Massage Establishments) of the NBMC. 5. The Code Enforcement Division has reviewed the project and has no objections to this project as proposed. Condition of Approval No. 28 requires that all windows (except treatment room windows) remain visible and transparent in nature. Location In accordance with Section 20.48.120(B) (Massage Establishments and Services – Waiver of Location Restrictions) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: F. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed; Facts in Support of Finding: 1. The intent of this section is to promote the operation of legitimate massage services and to prevent problems of blight and deterioration, which accompany and are brought about by a large number of massage establishments and the misuse of massage therapy as a front for prostitution and other illegal activities. 2. The project is located within 500 feet of the Sherman Library and Gardens, which is considered a cultural institution and conflicts with the location restrictions listed under Section 20.48.120 (Massage Establishments and Services) of the NBMC, as a cultural site. However, the project is not anticipated to have any impact on the nearby institution, as it is located on the basement level of an existing multi-tenant commercial building and will typically provide massage services to one person at a time, or a maximum of two people at one time when a couple’s massage is booked. 3. The proposed use is within a managed, multi-tenant commercial building, which should help discourage the operation of illegal activities. Zoning Administrator Resolution No. ZA2026-008 Page 6 of 11 10-18-21 4. Condition of Approval No. 26 requires that all employees of the proposed use who conduct massage are certified by the California Massage Therapy Council. 5. The lack of late hours should also help prevent the business from being used for illegal activities. 6. Fact 4 in Support of Finding E is hereby incorporated by reference. Finding: G. The proposed use will not enlarge or encourage the development of an urban blight area; and Facts in Support of Finding: 1. The subject property is not located within a blighted area and is well maintained. 2. Although the project is located within 500 feet of other massage establishments, the project is not anticipated to produce a blighting effect as the proposed use is not visible from the street because the suite is at the basement level, it is oriented towards the interior of the property, and is within an existing multi-tenant commercial building. 3. The proposed use is within 500 feet of two other massage establishments at 2744 East Coast Highway and 2721 East Coast Highway. 2744 East Coast Highway is located across a multi-lane roadway (East Coast Highway) and the public walkways that serve this location do not pass near or around the subject massage establishment. 2721 East Coast Highway obtained a waiver to permit massage as an accessory use within 500 feet of another massage establishment. While there are other massage establishments nearby, the proposed establishment is located at the basement level which reduces the perceived number of massage establishments in the immediate area, and the maximum number of customers at one time would be two, when a couple’s massage is booked. 4. Condition of Approval No. 6 requires any signage to comply with the requirements of Chapter 20.42 (Signs) of the NBMC. This prevents the proliferation of signs advertising massage services or the installation of prohibited sign types, such as animated and changeable copy signs or luminous tube lighting (i.e., neon). Finding: H. The proposed use will not adversely affect a religious institution, school, park, or playground; Facts in Support of Finding: 1. Fact 2 in Support of Finding F is hereby incorporated by reference. Zoning Administrator Resolution No. ZA2026-008 Page 7 of 11 10-18-21 2. The NBPD has reviewed the request for a waiver of location restrictions and has no concerns regarding the location. 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 filed as PA2024-0201, 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 NBMC. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2026. Zoning Administrator Resolution No. ZA2026-008 Page 8 of 11 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plan 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. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 4. The hours of operation shall be between 10 a.m. and 7 p.m., daily. 5. There shall be no more than two (2) massage technicians onsite at any given time. 6. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the NBMC. 7. This Minor Use Permit, as part of PA2024-0201, 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. 8. 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 is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and may require an amendment to this Use Permit or the processing of a new Use Permit. 10. 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. 11. 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. ZA2026-008 Page 9 of 11 10-18-21 12. 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 the leasing agent. 13. 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 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 14. No outside paging system shall be utilized in conjunction with this establishment. 15. 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 prem ises. 16. 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). 17. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director o f Community Development, and may require an amendment to this Use Permit. 18. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 19. 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. 20. 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 Sky Thai Massage Spa including, but not limited to, the Minor Use Permit filed as PA2024-0201. 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, Zoning Administrator Resolution No. ZA2026-008 Page 10 of 11 10-18-21 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 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. Fire Department 21. Fire sprinkler plans shall be submitted for any tenant improvement work that may obstruct or affect the water spray pattern of the fire sprinkler system. Building Division 22. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code (CBC). The construction plans mu st meet all applicable State Disabilities Access requirements. 23. An accessible path of travel is required from the parking lot and public right of way to the tenant space, in accordance with 11B-202.3 of the CBC. Police Department 24. Strict adherence to Chapter 5.50 (Massage Establishments) of the NBMC shall be required. 25. Prior to operation, the applicant shall apply for and obtain an Operator’s Permit from the Chief of Police and keep said permit in good standing. 26. All employees of the applicant business who conduct massage services on the premises must be certified by the California Massage Therapy Council (CAMTC) (physicians, physical therapists, and chiropractors exempt). 27. The business shall maintain requirements of operation and submit to inspections by officers of the NBPD. Code Enforcement Division 28. All windows (except treatment room windows) shall remain visible and transparent in nature. Window signage shall comply with the NBMC. 29. The names of employees shall be posted upon entry and contact information and list of state certifications shall be provided upon request. A current list of employees shall be kept on-site and maintained at all times. Zoning Administrator Resolution No. ZA2026-008 Page 11 of 11 10-18-21 30. The owner, operator, or responsible manager’s contact information for the massage establishment shall be provided to the City of Newport Beach Code Enforcement Division.