HomeMy WebLinkAboutZA2015-012 - Suite 130, MINOR USE PERMIT FOR PERSONAL SERVICES-RESTRICTED USE (DAY SPA) - 4101 Birch St RESOLUTION NO. ZA2015-012
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-005 FOR A DAY SPA (PERSONAL SERVICES,
RESTRICTED) LOCATED AT 4101 BIRCH STREET, SUITE 103
(PA2015-014)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Edward Zepfel and Rebekah Diemert on behalf of the
property owner, with respect to property located at 4101 Birch Street, and legally
described as Lot 43 in Tract No. 3201 requesting approval of a minor use permit.
2. The applicant proposes a day spa (Personal Services, Restricted) within a currently
vacant 1,078-square-foot tenant space on the ground floor of an existing
9,968-square-foot two-story office building and has requested to waive location
restrictions contained in Section 20.48.120 (Massage Establishments and Services) of
the Zoning Code. The proposed operation will consist of three treatment rooms
offering a combination of facial, waxing, and ancillary massage services.
3. The subject property is located within the Office Airport (OA) Zoning District and the
General Plan Land Use Element category is Airport Office and Supporting Uses (AO).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 12, 2015, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION,
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. This Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves the conversion of a
vacant office space to a day spa and does not involve any alterations to the existing
floor plan.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of
the Newport Beach Municipal Code, 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 Airport Office and Supporting Uses (AO) within the Land
Use Element of the General Plan which is intended to provide for the development of
properties adjoining John Wayne Airport for uses that support or benefit from airport
operations. These may include professional offices, aviation retail, automobile rental,
sales, and service, hotels, and ancillary retail, restaurant, and service uses.
2. The proposed day spa offering ancillary massage is consistent with the AO
designation as it will provide services that support or may benefit from John Wayne
Airport.
3. The property is not located in 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 Office Airport (OA) Zoning District which is intended
to provide for areas appropriate for the development of properties adjoining John
Wayne Airport for uses that support or benefit from airport operations.
2. The principal use of the tenant space will be for a day spa offering facial and waxing
services with ancillary massage services. Pursuant to Zoning Code Chapter 20.70
(Definitions), a day spa is classified as a Personal Services, Restricted land use which
may be permitted within the OA Zoning District subject to the approval of a minor use
permit.
3. The existing 9,968-square-foot building is required to provide 42 parking spaces on
site at an office rate of 1 space for every 250 square feet of floor area
(9,968 / 250 = 40). Two of the required spaces are associated with two previously
approved limited auto sales offices, each required to provide a single vehicle display
area by the Department of Motor Vehicles (DMV). Given 44 spaces exist on site, there
remains a two space surplus.
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4. The parking requirement for a Personal Services, Restricted use is the same standard
required of an office use (1 space per 250 square feet). Therefore, the proposed
conversion of a vacant office space to a day spa does not result in an intensification of
use and no additional parking is required.
5. As conditioned, the proposed use will comply with all other applicable provisions of the
Zoning Code and Municipal Code.
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 will occupy a 1,078-square-foot tenant space on the ground
floor of an existing two-story office building. The operation will consist of three
treatment rooms offering a combination of facial, waxing, and ancillary massage
services.
2. Based on operational characteristics, the use is not considered an independent
massage facility. Ancillary massage offered in conjunction with facial and waxing
services constitute a small portion of the overall floor area (approximately 13 percent),
thereby limiting any potential blight or deterioration to the surrounding area.
3. The project site and surrounding area consist of a mixture of nonresidential uses
including office, auto services, personal services general, retail, and eating and
drinking establishments which serve residents and visitors to the City of Newport
Beach. The proposed day spa will provide a service that supports or may benefit from
airport operations, consistent with existing and permitted uses in the area.
4. The proposed day spa will not require the provision of additional parking onsite.
5. As conditioned, the allowed hours of operation are 8:00 a.m. to 9:00 p.m., daily,
limiting any potential late night/early morning land use conflicts with nearby properties.
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 existing two-story office building and surface parking lot were constructed in 1979
and have since demonstrated that the current configuration with access taken from
Birch Street is physically suitable to accommodate multiple uses.
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2. Adequate public and emergency vehicle access, public services, and utilities are
provided on the property and the proposed day spa will not change this.
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 use is intended to serve residents and visitors to the City of Newport Beach.
2. The day spa has been conditioned with hours of operation that will minimize any
potential detriment to the area.
3. The proposal has been reviewed by the Building and Code Enforcement Divisions,
Public Works, Fire, and Police Departments, and recommended conditions of approval
have been included to limit any detriment to the City or general welfare of persons
visiting or working in the surrounding neighborhood.
In accordance with Section 20.48.120.6 (Massage Establishments and Services — Waiver of
Location Restrictions) of the Newport Beach Municipal Code, the following findings and facts
in support of the findings for a Minor Use Permit 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 Supporting of Finding:
1. The intent of the 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 large numbers of massage establishments that may act as fronts for
prostitution and other illegal activity.
2. Although the proposed day spa with ancillary massage services is located within 500
feet of another establishment offering massage (4020 Birch Street, Royal Thai
Massage and Day Spa), both are located within managed, multi-tenant commercial
office building in areas that are well maintained.
3. The proposed use is a day spa offering facial and waxing services along with ancillary
massage. The intended operation will not contribute to a deterioration of the area due
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to conditions of approval which prevent the establishment from evolving into an
independent massage, limiting any concerns regarding blight.
Finding:
G. The proposed use will not enlarge or encourage the development of an urban blight
area.
Facts in Supporting of Finding:
1. The proposed use is located in a single tenant space within a managed, multi-tenant
commercial office building which will prevent problems and discourage the
development of blight. The subject property is not located within a blighted area, is well
maintained, and is intended to provide a service that supports or benefits from the
nearby airport.
Finding:
H. The proposed use will not adversely affect a religious institution, school, park, or
playground.
Facts in Supporting of Finding:
1. The proposed use is located adjacent to nonresidential uses. There are no public or
private schools, parks, playgrounds, or religious institutions within 500 feet of the
subject property.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-005, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. 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 Title 20 Planning and
Zoning, of the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MARCH, 2015.
By:
n
#reWWisneski, Al P, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. The hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m., daily.
3. The applicant is required to obtain and Operator's Permit from the Newport Beach
Police Department in compliance with Chapter 5.50 (Massage Establishments) of the
Newport Beach Municipal Code prior to start of business.
4. The applicant is required to obtain a valid business license from the City's Revenue
Division prior to the start of business.
5. The operation of an independent massage business is not permitted unless an
amendment to this Minor Use Permit or a new Use Permit is first approved.
6. All proposed signs shall be in conformance with provisions of Chapter 20.42 (Signs) of
the Newport Beach Municipal Code.
7. 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.
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 an amendment to this Minor Use Permit or the
processing of a new Use Permit.
10. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
11. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department.
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.
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13. 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.
14. 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.
15. 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.
16. 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 Newport Beach
Municipal Code to require such permits.
17. 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 Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
18. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless 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 Lemon and Honey Day Spa including, but not
limited to, the UP2015-005 (PA2015-014). 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 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.
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