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HomeMy WebLinkAbout03 - Chaba Thai Massage and Spa - PA2015-039 wP COMMUNITY DEVELOPMENT DEPARTMENT H PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 �4L1FOVL www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT April 16, 2015 Agenda Item No. 3 SUBJECT: Chaba Thai Massage and Spa - (PA2015-039) 1000 Bristol Street N., Suite 19 and 20 ■ Minor Use Permit No. UP2015-009 APPLICANT: Michael and Somporn Guenther OWNER: L.S.W. Ltd. PLANNER: Jason Van Patten, Assistant Planner (949) 644-3234, jvanpatten@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: PC-11 (Newport Place) • General Plan: General Commercial (CG) PROJECT SUMMARY A request for a minor use permit to expand an existing massage establishment (Chaba Thai Massage and Spa) located within the Plaza Newport Shopping Center. The establishment operates under Minor Use Permit No. UP2011-033, which limits massage services to a 1,200-square-foot tenant space, a maximum of seven employees on duty at one time, and hours of operation between 10:00 a.m. and 9:00 p.m. daily. The proposed expansion would include the adjacent 1,100-square-foot tenant space and consist of four additional massage rooms, an employee room, supply storage, and enlarged reception area. Two additional employees are proposed to be added and the allowed hours of operation would remain unchanged. If approved, this Minor Use Permit will supersede Minor Use Permit No. UP2011-033. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2015-009 (Attachment No. ZA 1). �� QP �� ��P P�" O� �� �� \�� Chaba Thai Massage and Spa Zoning Administrator, April 16, 2015 Page 2 DISCUSSION • The applicant proposes to expand an existing 1,200-square-foot massage establishment (Suite 19) located in the Plaza Newport Shopping Center into an adjacent 1,100-square-foot tenant space (Suite 20) which was previously occupied by a tanning salon. The center is developed with four multi-tenant buildings and a 222-space surface parking lot. • The proposed expansion will add four massage rooms (nine total) and two additional employees (nine total) to the existing operation and include space for an employee room, supply storage, and larger reception area. There would be no change to the allowed hours of operation of 10:00 a.m. to 9:00 p.m., daily. • The subject property is located within General Commercial Site 3 of the Newport Place Planned Community (PC-11) and designated General Commercial (CG) within the Land Use Element of the General Plan which is intended to provide for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. • Pursuant to the PC-11 Development Standards, Part II (Commercial), Section II (Permitted Uses), Group II (Commercial Uses), F (General Commercial), General Commercial sites allow for commercial uses such as retail, restaurant, hobby stores, professional services, offices, and other uses of a similar nature. A massage establishment is a general commercial use similar in nature to the allowed retail and services uses and the proposed expansion may be permitted subject to the approval of a minor use permit. • The proposed use is typical for this type of shopping center development and is consistent with the land uses permitted within the PC-11 Zoning District and the CG Land Use Element category. • General Commercial Site 3 has a "blended" parking requirement of one space for every 250 square feet of net floor area and one loading space for every 10,000 square feet of gross floor area. The blended parking rate assumes a mix of uses, which allows a change in use of a tenant suite without affecting the parking requirement for the overall site. • The project is compatible with existing and allowed uses within the shopping center. Other uses in the shopping center include restaurants, a hair and nail salon, mail services, and retail uses. Tmplt:04-17-14 Chaba Thai Massage and Spa Zoning Administrator, April 16, 2015 Page 3 ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. This project involves an interior remodel of an existing commercial space and a change in use from a tanning salon to a massage establishment, which is a negligible expansion of use. 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 may be filed with the Director of Community Development 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: a on Van Patten, Assistant Planner JM/jvp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description ZA 4 Resolution No. ZA2012-002 (UP2011-033) ZA 5 Project Plans Tmplt:04-17-14 .L� Attachment No. ZA 1 Draft Resolution �� QP �� ��P P�" O� �� �� \�� RESOLUTION NO. ZA2015-0## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2015-009 FOR A MASSAGE ESTABLISHMENT LOCATED AT 1000 BRISTOL STREET, SUITES 19 AND 20 (PA2015-039) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael and Somporn Guenther, with respect to property located at 1000 Bristol Street, and legally described as Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a Parcel Map filed in book 97, pages 18 and 19 of Parcel Maps, in the office of the County Recorder of said County, requesting approval of a minor use permit. 2. The applicant proposes to expand an existing massage establishment (Chaba Thai Massage and Spa) located within the Plaza Newport Shopping Center. The proposed expansion would include the adjacent 1,100-square-foot tenant space and consist of four (4) additional massage rooms, an employee room, supply storage, and enlarged reception area. Two (2) additional employees are proposed to be added and the allowed hours of operation would remain unchanged. 3. The subject property is located within the Newport Place Planned Community (PC 11) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 16, 2015, in the Corona del Mar Conference Room (Bay E-1 st 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 under the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1 — Existing Facilities). 2. Class 1 exempts minor alterations to existing facilities that involve negligible expansion of the use. This project involves an interior remodel of an existing commercial space and a change in use from a tanning salon to a massage establishment, which is a negligible expansion of use. Zoning Administrator Resolution No. ZA2015-0## Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit 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 General Commercial (CG) within the Land Use Element of the General Plan and is intended to provide for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. The massage establishment is consistent with this land use designation as it will serve residents, visitors, and those working in the area. 2. 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 subject property is located within General Commercial Site 3 of the Newport Place Planned Community (PC-11). Pursuant to the PC-11 Development Standards, Part II (Commercial), Section II (Permitted Uses), Group II (Commercial Uses), F (General Commercial), General Commercial sites allow for commercial uses such as retail, restaurant, hobby stores, professional services, offices, and other uses of a similar nature. A massage establishment is a general commercial use similar in nature to the allowed retail and services uses and the proposed expansion is permitted subject to the approval of a minor use permit. 2. The proposed massage establishment is consistent with the legislative intent of Section 20.48.120 (Massage Establishments and Services) of the Municipal Code, which provides standards for the establishment, location, and operation of massage establishments operated as an independent use, in addition to the standards in Chapter 5.50 (Massage Establishments). These standards are intended to promote 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. 03-03-2015 g Zoning Administrator Resolution No. ZA2015-0## Page 3 of 8 3. The massage establishment is not located within 500 feet of a public or private school, park or playground, civic center, cultural site, religious institution, or another massage establishment. 4. General Commercial Site 3 has a "blended" parking requirement of one (1) space for every 250 square feet of net floor area and one (1) loading space for every 10,000 square feet of gross floor area. A change in use of a tenant suite does not affect the parking requirement for the overall site. The site is developed with a surface parking lot containing 222 parking spaces. 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 proposal is to expand an existing 1,200-square-foot massage establishment (Suite 19) located in the Plaza Newport Shopping Center into an adjacent 1,100-square-foot tenant space (Suite 20), which was previously occupied by a tanning salon. 2. The project site and surrounding area consist of a mixture of nonresidential uses including eating and drinking establishments, a hair and nail salon, mail services, and retail uses that serve residents and visitors to the City of Newport Beach. The expanded massage establishment will continue to provide a service, consistent with existing and permitted uses in the area. 3. The existing 222-space parking lot provides adequate parking for all uses within the shopping center and the expanded massage establishment will not require the provision of additional parking onsite. 4. The allowed hours of operation between 10:00 a.m. and 9:00 p.m., daily, are not proposed to change, which should limit 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. 03-03-2015 9 Zoning Administrator Resolution No. ZA2015-0## Page 4 of 8 Facts in Support of Finding: 1. The shopping center property is 170,366 square feet in area, and is developed with four (4) multi-tenant buildings and a 222-space surface parking lot. The existing building and parking lot have functioned satisfactorily with the current configuration. The lot fronts Bristol Street and has two (2) vehicular access points into and out of the shopping center. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on the property and the proposed massage establishment 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, or 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 massage establishment has been conditioned with hours of operation that will minimize any potential detriment to the area. 2. The shopping center is not located within an area with problems of blight and deterioration. 3. The proposed massage establishment will help revitalize the project site and provide an economic opportunity for the property owner to lease the tenant space. Additionally, the establishment will provide additional services to the residents and visitors in the surrounding area. 4. 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit UP2015-009, 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 fourteen (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the Community 03-03-2015 10 Zoning Administrator Resolution No. ZA2015-0## Page 5 of 8 Development Director in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. 3. This resolution supersedes Zoning Administrator Resolution No. ZA2012-002, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2015. By: Brenda Wisneski, AICP, Zoning Administrator 03-03-2015 �2 Zoning Administrator Resolution No. ZA2015-0## Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL (Conditions required by Minor Use Permit No. UP2011-033, Resolution No. ZA2012-002, have been incorporated into the conditions herein) 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. 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. 3. 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 Minor Use Permit. 4. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 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 Use Permit. 8. 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. 9. Prior to the issuance of building permits, the shower, massage room doors, door hardware, and reception counter design shall be shown to comply with accessibility requirements. 10. The hours of operation are limited to between 10:00 a.m. and 9:00 p.m., daily. 11. A maximum of nine (9) employees are permitted to be on duty at any given time. 03-03-2015 2� Zoning Administrator Resolution No. ZA2015-0## Page 7 of 8 12. A valid business license from the City of Newport Beach with sellers permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. 13. Any technicians working as independent contractors shall obtain their own City of Newport Beach business license. 14. The applicant shall adhere to all provisions set forth in SB 731 and 4600 Business and Professions Code, relating to operating a massage establishment. 15. The applicant is required to obtain an Operator's Permit from the Newport Beach Police Department in compliance with Chapter 5.50 (Massage Establishments) of the Newport Beach Municipal Code. 16. All proposed signs shall be in conformance with provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 17. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities 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. 18. 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. 19. 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 twenty (20)feet of the premises. 20. 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. 21. 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. 22. This approval shall expire and become void unless exercised within twenty-four (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. 03-03-2015 1S Zoning Administrator Resolution No. ZA2015-0## Page 8 of 8 23. 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 Chaba Thai Massage and Spa including, but not limited to, UP2015-009 (PA2015-039). 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. 03-03-2015 2� Attachment No. ZA 2 Vicinity Map 15 �� QP �� ��P P�" O� �� �� \�� q q . t /ref �� �tr� ��°`, •, lb Vy PF fr. r N Yr"v'v'jJ'v Y L Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to c'�`WPO�r any results obtained in its use. 0 200 400 Imagery: 2009-2013 photos provided by Eagle U x Feet Imaging www.eagleaerial.com 3/19/2015 17 �� QP �� ��P P�" O� �� �� \�� Attachment No. ZA 3 Applicant's Project Description 19 �� QP �� ��P P�" O� �� �� \�� Project Description and Justification Proiect Description: We currently own and operate Chaba Thai Massage & Spa located at 1000 Bristol Street North, Suite 19,Newport Beach, California and currently have a Minor Use Permit, #UP2011-033. We plan to expand our operation to include the adjacent Suite 20 which is 1100 SF. Suite 20 was formerly a tanning salon and has been there for over 25 years. We plan on making minor interior alterations like removing two 8ft partition walls (that contains no electric),replacing the swing doors with pocket doors, and installed a door between the reception area and the hallway. See enclosed floor plan. We plan to use the additional space for an employee room, for supplies storage, for linen, to expand our reception area, and to add 4 more massage rooms to accommodate our overflow evening and weekend clients. Our busy time is the weekends on Saturday and Sunday. We will be adding two additional employees to our staff that will work in the additional space for a total of nine employees. Our hours of operation will remain Daily between 10:00 am and 9:00 pm. Zoning: Massage use at the 1000 Bristol Street North location is allowed according to the zoning department and we feel that this location does meet all the zoning requirements. Specifically, it does meet zoning code 20.48.120 in that it is not located within 500 feet from any public or private schools, parks,playgrounds, civic centers, cultural sites, religious institutions, or other massage establishments. The nearest facility which is the California Pacific Charter Schools is about 1000 feet away(see page 4 for details). Justification: Minor Use Permit: We currently have a Minor Use Permit for our existing massage establishment located at Unit#19 which we originally obtained back in January 2012, ref. MPU#UP2011-033. Complimentary Use: Our current massage establishment located at Unit#19 in this shopping center has provided customers in this area with a complimentary service to the many other health and beauty service and product businesses that have been operating in this center for many years. These businesses include a hair salon, nail salon,physical therapy, fitness center, medical services, and home fitness equipment. Our History: We currently own a successful massage establishment in the adjacent unit, unit#19. Our busy time of the week is Saturday and Sunday and often we have to turn customers away because either our current massage rooms are full or because they prefer to use one of the two completely walled rooms which are always taken. Unit#20 was an existing tanning salon and four of the walled rooms that they had used for their tanning beds and spray booth are ideally sized for our massage beds. We also need a larger reception area for our clients to wait. The current waiting room in Unit#20 allows us to increase our total reception area. As such, we are leaving the majority of the current floor - 2 - 2� plan as is with only minor interior alterations as previously described in the Project Description section and only cutting out a walkthrough between the two units via the two reception areas. We still have our original Chaba Thai Massage & Spa location within the City of Costa Mesa which has been in business since December 4th 2007. It is located at 1920 Harbor Blvd. near 19th street. Our business website address is http://www.thai-chaba.com. We feel that our 7 years of experience in managing and operating a successful massage establishment in Costa Mesa and our almost 3 years of experience in managing and operating a successful massage establishment in Newport Beach will allow us to become just as successful with the extension of our business into the adjacent unit. Our Good Standing: Our Chaba Thai Massage & Spa locations in both Newport Beach and Costa Mesa are legitimate massage establishments. We have never had any police violations, zoning code enforcement violations, or massage enforcement violations against us. We police our own massage therapists and customers to ensure that no laws or codes are being violated. - 3 - 22 Locations Nearest to 1000 Bristol Street North, Newport Beach, CA F O 1200 Quail St,Newport Beach,CA 92660 ac^Q� Fairmont Newport Beach . B��c�s� G E O La Vida,Newport Beach,CA 92660 > D O 1400 Quail St#139,Newport Beach,CA 92660 p� 04020 Birch St#111 a„ C O 4020 Birch St#111,Newport Beach,CA 92660 BO 2301 University Dr,Newport Beach,CA 92660 • - • 1 h 57 min • jQ D Jazz S_miconductor A 1000 Bristol St N,Newport Beach,CA 92660 8 miles •� % 1400 Quail St#139 Q • '�� } �� ••• ••� O 1200 Quail St Newport Beach ��• • •• =�� O �a�� o Golf Course � to or 1000 Bristol t Ni Qa ey oa �''s• � cher 5` � A � ,•p� o�e� q �ac� 1 P 0000 0 y Q,� p• Nearest Locations to 1000 © sd Ln • o o• Bristol Street North, .• �PSd • �s 2301 University DI90 • o, Fletcher Jones Motorcar Newport Beach , CA by �•.•' �ay�,evi Way ; �a location type: o '3 1 . Massage Establishment — C ®n k ' 2. Public & Private School — F . nojegoQreek o univer 3. Park & Pla round E Upper Newport Bay Sao n •• Yg — Nature Preserve San Diego •• 4. Church — D geek o•• 5. Library — B • 0 �`� v O La Vida The circle represents a 500 ft radius around the 1000 Bristol St. N. location. Actual distance between 1000 Bristol St. N (A) and nearest location (F) at 1200 Quail St. is about 1000 feet. This is the California Pacific Charter Schools. - 4 - 2� �� QP �� ��P P�" O� �� �� \�� Attachment No. ZA 4 Resolution No. ZA2012-002 (UP2011-033) 25 �� QP �� ��P P�" O� �� �� \�� RESOLUTION NO. ZA2012-002 A RESOLUTION OF THE ZONING ADMINISTRATOR, OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2011-033 FOR A MASSAGE ESTABLISHMENT LOCATED AT 1000 NORTH BRISTOL STREET (PA2011-202) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael and Somporn Guenther, Chaba Thai Massage and Spa, with respect to property located at 1000 North Bristol Street, Suite 19, and legally described as Parcel 1 of Resubdivision 0541, requesting approval of a Minor Use Permit. 2. The applicant requests a Minor Use Permit for a massage establishment located in a 1,200 square-foot suite within an existing shopping center. The center is developed with four (4) multi-tenant buildings and a surface parking lot with 222 spaces. 3. The subject property is located within the PC-11 (Newport Place — General Commercial Site 3) Zoning District and the General Plan Land Use Element category is CG (General Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on January 11, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 under the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1 — Existing Facilities). 2. Class 1 exempts minor alterations to existing facilities that involve negligible expansion of the use. This project involves an interior remodel of an existing commercial space and a change in use from a skin care facility to a massage establishment, which is a negligible expansion of use. 2j Zoning Administrator Resolution No. ZA2012-002 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Findinq 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 designation for this site is CG (General Commercial). The CG designation is intended to provide for the a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The massage establishment is consistent with this land use designation. The use will serve residents, visitors, and the workforce in the area. 2. The subject property is not part of a specific plan area. Findin 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 site is located in the PC-11 (Newport Place Planned Community) Zoning District within General Commercial Site 3. Pursuant the PC-11 Development Plan Part II (Commercial), Section 11 (Permitted Uses), Group II (Commercial Uses), F (General Commercial), General Commercial sites allow for commercial uses such as retail, restaurant, hobby stores, professional service uses, and offices. A massage establishment is a general commercial use that is allowed at the subject location. 2. Pursuant to Section 5.50.010 (Definitions), a massage establishment means any business conducted within the City of Newport Beach where any person, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage, bath or health treatment involving massages or baths. 3. The massage establishment use is consistent with the legislative intent of Section 20.48.120 (Massage Establishments and Services) of the Municipal Code, which provides standards for the establishment, location, and operation of massage establishments operated as an independent use, in addition to the standards in Chapter 5.50 (Massage Establishments). These standards are intended to Tmpit:03!08!11 22 3 Zoning Administrator Resolution No. ZA2012-002 Page 3 of 7 promote 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. The massage establishment is not located within 500 feet of a public or private school, park or playground, civic center, cultural site, religious institution, or another massage establishment. 4. General Commercial Site 3 has a "blended" parking requirement of one (1) space for every 250 square feet of net floor area and one (1) loading space for every 10,000 square feet of gross floor area. A change in use of a tenant suite does not affect the parking requirement for the overall site. The site is developed with a surface parking lot with 222 parking spaces. 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 allowed uses in the vicinity include retail, restaurant, hobby stores, book and office support stores, travel agencies, home furnishing stores, athletic clubs, personal services, offices, and mixed-use. 2. The proposed project involves interior alterations to convert vacant retail space within the Plaza Newport shopping center to a massage establishment use. The suite is 1,200 square feet and is located within a multi-tenant building. The shopping center is located within a commercial area with residential uses (across State Route 73) and the John Wayne Airport nearby. The shopping center fronts Bristol Street and State Route 73. The project is compatible with existing and allowed uses within the shopping center. Other uses in the shopping center include restaurants, hair and nail salons, mail services, health/fitness facility, and retail uses. 3. The operational characteristics of the use are that of a massage establishment, which is a typical use in these types of shopping centers. The proposed establishment will provide five (5) massage rooms, a restroom, a shower, a reception/waiting area, and a utility room. The proposed hours of operation are from 10:00 a.m. to 9:00 p.m. A maximum of seven (7) employees will be on duty at all times. The operating characteristics of the use are compatible with the allowed and existing uses in the vicinity. 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. Tmplt:03/08111 �9 Zoning Administrator Resolution No. ZA2012-002 Page 4 of 7 Facts in Support of Finding 1. The shopping center property is approximately 602 feet by 283 feet (170,366 square feet in area), and is developed with four (4) multi-tenant buildings and a surface parking lot with 222 spaces. The existing building and parking lot have functioned satisfactorily with the current configuration. The lot fronts North Bristol Street and has two (2) vehicular access points into and out of the shopping center. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing property and the proposed project will not negatively affect emergency access. Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The proposed use will not operate with late hours, which will help minimize potential detrimental effects on the surrounding area. 2. The shopping center is not located within an area with problems of blight and deterioration. 3. The proposed massage establishment will help revitalize the project site and provide an economic opportunity for the property owner to lease the tenant space. Additionally, the establishment will provide additional services to the residents and visitors in the surrounding area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Use Permit No. UP2011-033, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. Minor Use Permit applications do not become effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by submitting a written appeal application to the Community Development Director. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Tmplt:03/08/11 so Zoning Administrator Resolution No. ZA2012-002 Page 5 of 7 PASS , APPROVED, AND ADOPTED THIS 11TH DAY OF JANUARY, 2012. By: Bre I Wisneski, A CP, Zoning Administrator Tmplt:03/08/11 S- Zoning Administrator Resolution No. ZA2012-002 Page 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plan dated with this date of approval (except as modified by applicable conditions of approval). 2. This Minor Use Permit may be modified or revoked by the Zoning Administrator should he/she determine 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. 3. Any change in operational characteristics, hours of operation, 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 Minor Use Permit. 4. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 5. Minor Use Permit No. UP2011-033 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 Newport Beach Zoning Code, unless an extension is otherwise granted. 6. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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 Use Permit. 9. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to the issuance of building permits, the shower, massage room doors, door hardware, and reception counter design shall be shown to comply with accessibility requirements. 11. The hours of operation are limited to between 10:00 a.m. to 9:00 p.m., daily. Tmplt:03/08/11 S Zoning Administrator.Resolution No. ZA2012-002 Page 7 of 7 12. A maximum of seven (7) employees are permitted to be on duty at any given time. 13. A valid business license from the City of Newport Beach with sellers permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. 14. Any technicians working as independent contractors shall obtain their own City business license. 15. The applicant shall adhere to all provisions set forth in SB 731 and 4600 Business'and Professions Code, relating to operating a massage establishment. 16. Should the massage establishment employ technicians that are not California Massage Therapy Council (CAMTC) certified, a City Massage Operators Permit shall be obtained. 17. Prior to the final of building permits, proof that all technicians are CAMTC certified shall be required, unless a City Massage Operators Permit is first obtained. All technicians are required to maintain certification and shall present proof upon request by the City. 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 Chaba Thai Massage and Spa including, but not limited to Minor Use Permit No. UP2011-033 (PA2011-202) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. Tmplt:03/08/11 �� QP �� ��P P�" O� �� �� \�� Attachment No. ZA 5 Project Plans S5 �� QP �� ��P P�" O� �� �� \�� PA2015-039 SHEET INDEX PROJECT DESCRIPTION Attachment No. ig Project Plans 0 A-1.0 TITLE SHEET AND PLOT PLAN,EXISTING FLOOR PLAN W/PROPOSED PROPOSED EXPANSION OF EXISTING CURRENT CHABA THAI 20' 20' MASSAGE & SPA IN SUITE #19 INTO SUITE # 20 5.y 5'-9" T-T' 5' 5._5.. 1 w gq•• (E)ELECT. SUB PANEL SUB PANEL "' 34" 1000 BRISTOL STREET, NORTH SUITE# 19 &#20 0 a (E)U68 (E)RESTROOM 0 (� NEWPORT BEACH, CA 92660 APN#427-241-04 TO REMAIN E LITY ROOM (E)UTILITY ROOM (E)3868 TO REMAIN TO REMAIN WORK DESCRIPTION VICINITY MAP PROJECT INFORMATION (E)3868 E SHO �R R00 I NORTH E S( ) UPPLY 1. PROPOSED 5'-0"WIDTH x T-0"HEIGHT OPENING WALKWAY AT WAITING AREA PROJECT TITLE: CHABA THAI MASSAGE&SPA EXPANSION J EMAIN STORAG (E)3068 BETWEEN(E)UNIT 19 AND UNIT 20 PROJECT LOCATION: 1000 BRISTOL ST.N SUITES#19 8#20 c 0 �Isr« 2. REPLACE EXISTING 36"W x 80"H SINGLE SWING DOORS INTO SAME SIZE NEWPORT BEACH,CA 92660 " (E)3068 3' (E)3068 > T• _— (E3 p R q�M� POCKET DOORS PER PLAN 6� W APN#: 427-241-04 tY s�� a. i, ZONING: PC11(NEWPORT PLACE) E OM#8 E i II i e /� OCCUPANCY GROUP: B E EMPLOYEE - \ ST i F-6 O to C=2 Ila r� �o CONSTRUCTION TYPE: V-B _ p 18° 6,-i6= IEI - 1 - FIRE SPRINKLERS: YES MIN. 1000 Bristol St N p SQUARE FOOTAGE: 2,300 SQ.FT. y' S, Newport Beach,CA 92660-8916 o M W EXISTING OCCUPANCY: TANNING SALON V 7068 UNLOCK qdb s �a PROPOSED OCCUPANCY: MASSAGE ESTABLISHMENT d "° c' 73 BUSINESS OWNER/OPERATOR: SOMPORN GUENTHER r—% �� E ASSAGE oar rr� m �TFO CHABA THAI MASSAGE AND SPA --- 7'-7" T O �_ m o / i o ROM#5 a� �> 1000 BRISTOL STREET,NORTH SUITE#19 F E Z&GE i ' N\ NEWPORT BEACH,CA 92660 RE 0 EXISTING \ 2 ��� (949)722-9111 5'-"H IGHT PARTI N, h E MASSAG '-4'� �� b (N ELECTRICAL PAR �, , �, BUILDING OWNER LSW Ltd. p OOM#7 �,�M<r o C P NENTS) O - �«<« o 1603 EMERALD BAY 3 / E LAGUNA BEACH,CA 92651 PHONE:(949)497-5407 x 18 FAX:(949)376.2197 o tl3Jp T-T _g V `?N FOLDING z ^ W w O EEN ` W / 00 � ti — EMASSAGE TRASH ENCLOSURES TRASH ENCLOSURES SC --- , W R OM# 3 PIL 602 LEI m W¢ a'5(N)MASSAGE �� CC.=2 LU 9 RE 0 EXISTING —6C— B4H IGHTPARTI CmQ m (N EL zCTRICAL — -- ) \E ASSAGELECTRICAL C P NENTS) = w EXISTING PARKING G/M GAS METER E/M.METER OO Ams 0 O ROM#6 61" EXISTING PARKING LL J E 3• cc.=2 C R PERMANENTLY LADDER w IL E MAS AGE Z H U) z ACCESS TO ROOF ROOM 2 o w G ad N z o ¢ ,� D- OCC.= W g rn m W o li u: J L li 0 Zri w di 3'6' 7'-7" > y u) O m rn Orn O ¢do m ¢ $ p �N d0 s ON 4— -N -- ZN M SSAGE — o Q o z' 7 —� _ ROM#1 PRO SPORTS z ¢ j cc._2 (E) ONE S TO RY B D G. B a• e' PHYSICAL THERAPY 19 -- 'v ry 60" 5,200 SF. E ACCESSIBLE PARTH OF TRAVELS-- _--------�LCCESSIBLE PARTH OF TRAVELS--- Z o V o (?oo (E)STEEL STUD WALL 6,3„ r---1J------------ 1-- ---- -------WALK NON LOAD BEARING WALL - I B NO FIRE WALL u (E) ONE _STORY_ I PR SED EXPANSION 0 rn p E( )HALL m ;, BLDG. A 1 F EXISTING CURRENT CHABA THAI O I I o z E 68 - 7'-10" I 9' - _ 1—MASSAGE&SPA IN SUITE#191NT0 I (E) �NE 5T0 Y BIDS. � I E W(_ A PROPOSED m w N I SUITE#20,- OCC.=7 5'-0'"W z 7'-0"H o N I �o d O OPENING a OPTOMETRIST 1 _ y �rI� �rr��l��It���� _ fz 11 1,250 SF. 1 u❑u�❑� o \ —(E)STEEca L STUD WALL NON Lu OI LOAD BEARING WALL, ----"1 r NO FIRE WALL,NO EIMIP 1 ® ® (D I O 01 WAIT NG PDM BAKERY CAFE 1 PLAZA NEWPORT Q Z W Q O (E)d'L'%8'L" (E)d'L'XB'�V (E)1'E'%8'L'(E)3'0"X4L' I � I — — F(� EXISTING STOREFRONT WALL GLASS j OCC.=7 2,950 SF. EXISTING PARKING 1 DDD BRISTOL ST N EXISTING PARKING N O v WI ALUMINUM FRAME TO REMAIN 1 (E)CURB RAMP NEWPORT BEACH, CA 92660 NO CHANGES (n N H t=7 a ® NO CHANGES r�hr�hr�hr�h R_ a u m z 34 + I�II�II�II�I j ® NEWPORT Q X A C d tx I d' URGENT CARE = W OO QEXISTINGSiOREFRONTWALLGLASS ( 2,660 SF.EXISTING EXTERIOR DOORS ARE SE LF WI ALUMINUM FRAME TO REMAIN ~_ (E) ❑NE STORY Q g WCLOSING DOORS AND t�1UST COMPLY N m Z W/ACCESSIBILITY. w AFFIX AN INTERNATIONAL ACCESSIBILITY BLDG. D E m SYMBOL ON ENTRANCE DOOR C (E)112"MAX.STEPPED FEDEX 2 Q O O I AT THRESHOLD 2,320 SF. O SUITE 20 SUITE 19 CHABA THAI MASSAGE&SPA O oI PROPOSED EXPANSION EXISTING TO REMAIN 0- POS _ ¢ O (1,100 SO.FT.) (1,200 SO.FT.) Date: 02/01/2015 ° EXISTING FLOOR PLAN W/ PROPOSED w/M WATER METER PL 602.51' Drawn By: SG SCALE 1/4"=1'-0" WALL LEGEND BRISTOL STREET NORTH EXISTING PARKING Scale: AS NOTED a NOTE: ELECTRICAL,MECHANICAL,PLUMBING AND FIRE SPRINKLER INDICATE EXISTING WALL TO REMAIN ��� STANDARD 216 SPACES Sheet No. ARE EXISTING AND NO REMODELING IS REQUIRED �O HANDICAPPED 6 SPACES N _—————_ INDICATE EXISTING WALL TO REMOVE PLOT PLAN TOTAL 222 SPACES w SCALE V'=30' A-1 .0 o (E) = EXISTING o (N) = NEW