	USE PERMIT NO. UP2007-022 (PA2007-199)

	PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644-3200 FAX (949) 644-3229
		Staff Person: Javier S. Garcia, 644-3206
		Appeal Period: 14 days after approval date

Application:

Planning Director’s Use Permit No. UP2007-022 (PA2007-199)

Applicant:

Ashley C. Tebault

Site Address:

3400 Irvine Avenue, Suite 115

Legal Description:

Lot 76 and a Portion of Lot 75 , Tract 706

Request as Approved:

To allow the establishment of an independent massage facility within an existing commercial office building. The facility is located on the ground floor and is approximately 541 square feet with two treatment rooms and a reception area. Also included in the application is request to waive the location requirements since the facility is located within 500 feet of another independent massage establishment that is currently located within the existing building in Suite 109B. The property is located in the APF (Administrative, Professional, Financial) District.

ACTION: Approved - November 2, 2007

Application Request:

The Planning Director, in approving this application, analyzed issues with regard to compliance of Chapters 5.50 and 20.87 of the Newport Beach Municipal Code (Massage Establishment location requirements) and Chapter 20.66 of the Newport Beach Municipal Code (parking requirements). The detailed discussion can be found in the attached “Appendix”. In consideration of those aspects, the Planning Director determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood. In addition, the approved Use Permit would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the following findings:

FINDINGS

1. The proposed use is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses.

2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities).

3. The approval of Use Permit No. UP2007-022 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons:

· The nonconforming off-street parking status is not increased by the proposed use.

· The proposed use is located in a multi-tenant commercial building with coordinated tenant management and is not a blighted area.

· There are no urban renewal or neighborhood conservation programs in effect in the area.

· The proposed use is not within 500 feet of a place of religious worship, school or playground.

· The proposed use will not create a concentration of massage uses in the neighborhood that would be detrimental to the neighborhood or create neighborhood blight.

· Compliance with all other applicable regulations of the Municipal Code will be required and enforced.

4. The proposed massage establishment will not be contrary to the public interest or injurious to nearby properties and is consistent with the legislative intent and the location requirements for massage establishments established in Chapter 20.87 of the Municipal Code for the following reasons:

· The proposed use is within 500 feet of another independent massage facility (Suite 109B), however, the other facility is an independent massage use with a single treatment room. Therefore, the proposed independent massage use will not result in an over-concentration of massage uses in the neighborhood that would be detrimental to the neighborhood or create neighborhood blight.

· The massage establishment is not within 500 feet of a public or private school, playground, civic center, cultural site or church site.

5. The approval, by the Planning Director, of Use Permit No. UP2007-022 will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reason:

· The proposed operation of the massage establishment is a small independent massage establishment and will provide primarily sports and injury related massage treatments, and is consistent with the legislative intent of Chapter 20.87 of the Municipal Code.

CONDITIONS

1. The development shall be in substantial conformance with the approved floor plan.

2. Only two licensed massage technicians shall be permitted to operate within the facility at any one time, and the addition of any additional massage technicians to the business shall be subject to an amendment of this Use Permit. No more than two treatment rooms shall be permitted to provide massage services at any one time.

3. Any changes to the existing parking lot configuration shall be subject to further review by the City Traffic Engineer for the on-site parking, vehicular circulation and pedestrian circulation systems.

4. The hours of operation of the massage activities shall be limited to between the hours of 8:00 a.m. and 7:00 p.m., daily, and shall also be subject to the operational requirements provided in Chapter 5.50 of the Municipal Code. The massage services shall be provided only during the operational hours authorized by this approval and shall not operate either before or after the authorized opening and closing hours.

5. All applicable requirements of Chapter 5.50 of the Municipal Code shall be fulfilled.

6. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on-site or off-site, to advertise the proposed use, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right-of-way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement.

STANDARD CITY REQUIREMENTS

1. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code.

2. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department.

3. The project shall comply with State Disabled Access requirements.

4. The Planning Director or the Planning Commission may add to or modify conditions of approval to this Use Permit, or revoke this permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community.

5. This approval shall expire unless exercised within 24 months from the end of the appeal period, in accordance with Section 20.91.050 of the Newport Beach Municipal Code.

APPEAL PERIOD

The decision of the Planning Director may be appealed by the applicant or any interested party to the Planning Commission within 14 days of the decision date. Any appeal filed shall be accompanied by a filing fee of $600.00.

On behalf of David Lepo, Planning Director

Zoning Administrator Javier S. Garcia, AICP

Attachments: Appendix

Vicinity Map

Tenant Floor Plan

Aerial/Existing Parking Plan

APPENDIX

Discussion

The proposed service facility provides individual massage treatment. In accordance with Section 20.87 of the Municipal Code, independent massage establishments in the APF Districts are permitted subject to the approval of a use permit by the Planning Director in each case. The facility is generally limited to provide up to two massage technicians at any one time.

The facility is located on the ground floor of the commercial building. As shown on the floor plan, the overall square footage of the personal service facility is approximately 541 square feet, with the square footage devoted to massage activity limited to two 96 square foot rooms (designated as Massage Treatment Rooms 1 and 2 on the floor plan). The applicant has proposed hours of operation of the facility with an 8:00 a.m. opening hour, the authorized hours by the Municipal Code limit the opening hour of massage activities to 8:00 a.m. The Planning Director has limited the hours of operation for massage activities to between 8:00 a.m. and 7:00 p.m., daily. The massage service will be available by appointment during regular business hours only.

Section 20.87 Compliance

Section 20.87 of the Municipal Code sets forth the provisions that govern the establishment and location of massage services within the City. It is intended to allow and promote the operation of legitimate massage services and to prevent problems of blight and deterioration that might accompany or be brought about by large numbers of massage establishments. The spirit and intent of Chapter 20.87 seeks to prevent the establishment of uses that may act as fronts for illegal activity by dispersing the location of massage establishments, preventing their concentration within certain noncommercial areas of the city, and by establishing specific Zoning Districts in which the use is permitted. Monitoring of the facility by the Planning Department, Police Department and Code Enforcement Division shall ensure compliance with the provisions of the Municipal Code requirements and the intent of this Chapter.

Request for Waiver of Location Restrictions

Chapter 20.87 of the Municipal Code also establishes specific location requirements for independent massage establishments. Chapter 20.87.025 (A) states that, notwithstanding any other provision of the Municipal Code, no use permit shall be approved for any massage establishment if the proposed site is located:

1. Within 500 feet of any public or private school, park or playground, civic center, cultural site or church site; or

2. Within 500 feet of any other massage establishment site.

Staff is of the opinion that the use will not add to any detrimental affect related to the close proximity of the massage establishment to the other massage facility and that the waiver of location restrictions is appropriate in this case for the following reasons:

· The proposed use is located in a managed commercial building with coordinated tenant management, which is not a blighted area.

· There are no urban renewal or neighborhood conservation programs in effect in the area.

· The proposed use is not within 500 feet of a place of religious worship, school or playground.

· The proposed use will not create a concentration of massage uses in the neighborhood that would be detrimental to the neighborhood.

· Compliance with all other applicable regulations of the Municipal Code will be required.

The waiver of the location requirement will accommodate the facility that is within 500 feet of a second facility located within the existing commercial office building in suite 109B. That facility is an independent massage facility that provides massage services as an independent establishment. Staff is of the opinion that the limited size and limited hours of the proposed massage service will prevent any detrimental affect on the surrounding commercial uses.

Title 5 Compliance

In addition to the Title 20 requirements mentioned above, Title 5 of the Municipal Code (Business Licenses and Regulations) also includes provisions for the review and approval of operator permits, massage technician permits, and requirements of operation for massage establishments. The applicable permits and necessary business license as required by the Municipal Code must be secured before the operation of the massage establishment.

Parking Requirement

Since the subject use is a personal service use, the parking demand for the use is not any greater than for a general office or a retail use that are permitted by right without approval of a use permit.