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HomeMy WebLinkAbout10 - Appeal of Planning Directors Use PermitCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 October 11, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Brandon Nichols, Assistant Planner 644 -3234, bnichols @city.newport- beach.ca.us SUBJECT: Appeal of Planning Director's Use Permit No. 2005 -041 (PA2005 -186) 2721 East Coast Highway, Suite 108 ISSUE Review of the decision on Planning Director's Use Permit No. 2005 -041 (Attachment A). RECOMMENDATION Staff recommends that the City Council uphold the Planning Director's approval of Use Permit No. 2005 -041. DISCUSSION Background On September 21, 2005, the Planning Director approved Use Permit No. 2005 -041 allowing the addition of massage services to an existing personal service facility specializing in hair, health and beauty treatments. As part of the approval, a waiver was also granted allowing the massage use to be located within 500 feet of an existing massage establishment. On September 27, 2005, the City Council appealed the decision to approve the Use Permit. Analysis The existing personal service facility is located within a commercial building located at 2721 East Coast Highway, Suite 108 in Corona Del Mar. The subject property is designated for Retail and Service Commercial uses (RSC). In this case, the applicant is seeking to expand the list of services offered at the existing facility by adding a single Appeal of Planning Director's Use Permit No. 2005 -041 October 11, 2005 Page 2 massage therapist. Massage establishments are permitted in the RSC zone subject to the approval of a Planning Director's Use Permit pursuant to Chapter 20.87 (Massage Establishments) of the Newport Beach Municipal Code (NBMC). Chapter 20.87 (Attachment B) regulates massage uses and establishes conditions required for their approval. The purpose of the chapter is to protect the health, safety and general welfare by regulating the location of massage establishments thereby preventing their concentration in certain noncommercial areas of the City. The chapter also identifies the specific zoning districts in which such establishments are permitted. The intent of the chapter is to promote the operation of legitimate massage services and prevent problems of blight and deterioration that can be brought about by the concentration of large numbers of massage establishments. To regulate the location and concentration of massage uses, chapter 20.87 establishes two location requirements: 1. Massage establishments cannot be located 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. The chapter also establishes a set of findings whereby the location requirements can be waived. In general, the findings require that the proposed location not be contrary to the public interest, injurious to nearby property, encourage the development of an urban blight area, or adversely impact a school, park, or place of religious worship. In this case, a waiver was approved to permit location of the proposed massage use within 500 feet of two existing facilities providing massage services. One facility is located in the same building as the proposed use and is an independent massage facility offering only massage services. The second massage service is accessory to a personal improvement facility (physical therapy and pilates) located in an adjacent building at 2711 E. Coast Highway. It was the Planning Director's determination that the waiver of the location requirement would not be detrimental to the community for the following reasons: • The proposed massage use is not a stand alone massage establishment. The subject proposal is to provide massage only as an amenity to the existing personal service use (hair, health, and beauty treatments). • The primary use of the facility will remain personal services. • The overall square footage of the existing personal service facility is 620 square feet. The proposed massage use will only occupy 95 square feet of the facility. • Only one licensed massage technician shall be permitted to operate at any one time. • The massage service will be available by appointment, only during the business hours of the primary personal service use. Appeal of Planning Director's Use Permit No. 2005 -041 October 11, 2005 Page 3 • The massage use will be located in a managed commercial center. • Should complaints be received about the proposed use, the Planning Director or Planning Commission may add or modify the conditions of approval or revoke the Use Permit. (Attachment A, Standard City Requirement #4). • Similar waiver requests have become more common as beauty salons, day spas and fitness facilities have sought to add massage services as an amenity for their customers. In situations where waivers have been approved, neither the Planning Department nor Police Department has received complaints regarding the operation of the massage facilities. It should also be noted that pursuant to section 20.87, "accessory' massage uses are permitted by right if the following requirements are met: 1. The massage use is accessory to a state regulated medical or chiropractic offices or, 2. The massage use is accessory to a health club, gym, or hotel operating under a use permit and, 3. The massage use does not occupy more than 25 percent of the gross floor area of the primary use. Although the proposed use is an amenity to the existing personal service facility, it does not qualify as "accessory" as defined in 20.87. For this reason the use is treated as an independent use and therefore requires a use permit. ENVIRONMENTAL REVIEW 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). The proposed massage use will require only minor tenant improvements to the exisitng commercial building. PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. ALTERNATIVES 1. Uphold the appeal, thereby denying the Use Permit. Appeal of Planning Director's Use Permit No. 2005 -041 October 11, 2005 Page 4 Prepared by: Submitted by: -Brandon Nichols, Assistant Planner Patricia L. Temple, Planning Director Attachments: A. Planning Director's Use Permit No. UP2005 -041 B. Chapter 20.87 (Massage Establishments) of the NBMC Appeal of Planning Director's Use Permit No. 2005 -041 October 11, 2005 Page 5 ATTACHMENT "A" PLANNING DIRECTOR'S USE PERMIT NO. UP2005 -041 (PA2005 -186) PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD Staff Person: Javier S. Garcia. 644 -3206 NEWPORT BEACH, CA 92663 Appeal Period: 14 days after approval date (949) 644 -3200 FAX (949) 644 -3229 September 21, 2005 Shannon A.L. Byars 151 S. Myers Street, Apt. G Oceanside, CA 92054 Application: Planning Director's Use Permit No. UP2005 -041 (PA2005 -186) Applicant: Shannon A.L. Byars Site Address: 2721 East Coast Highway, Suite 108 Legal Description: Lot No. 2, Block E, Tract No. 323 Request as Modified and Approved: To allow the addition of massage therapy services to an existing personal service facility that I specializes in hair, health and beauty treatments. The facility is located within an existing multi- tenant commercial building. No new construction is proposed with this application and the use will be provided within a treatment room of the existing tenant space. A request to I waive the location requirements that limit the distance between such independent massage establishments to a minimum of 500 feet is also included in this application. The property is located in the RSC (Retail and Service Commercial) District. Director's Action: Approved, September 21, 2005 The Planning Director, in approving this application, analyzed issues with regard to the compliance of Chapters 5.50 and 2037 of the Newport Beach Municipal Code (Massage Establishments) and the parking requirements of Chapter 20.66 of the Newport Beach Municipal Code. 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. Additionally, 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: I FINDINGS: 1. The proposed use is consistent with the Land Use Element of the General Plan (and the Local Coastal Program,) 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. UP2005 -041 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 managed 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 located within 500 feet of an existing independent massage establishment. However, given the list of services provided by the establishment it is not anticipated to create or cause any detrimental affect on the surrounding commercial or residential uses. • 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 since the proposed facility provides services other than solely massage services. • 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. It 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 massage establishment is not within 500 feet of a public or private school, playground, civic center, cultural site or church site. • The massage establishment is part of a larger facility that specializes in hair, health and beauty services, which is a use typically found in commercial districts. 5. The Planning Director's approval of Use Permit No. UP2005 -041 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or September 21, 2005 F: \USERS \PLN \Shared \PA's \PAs - 2005 \PA2005 - 186 \UP2005 -041 appr.doc Page 2 be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The proposed operation of the massage establishment is an ancillary service use to the residents in the neighborhood 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. The tenant space will primarily be used as a personal improvement facility specializing in health and beauty services, massage services are to be provided. 3. Only one licensed massage technician 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 one treatment room shall be permitted to provide massage services at any one time. 4. The hours of operation of the personal improvement/massage therapy facility shall be limited between the hours of 8:00 a.m. and 9:00 p.m., daily, and shall also be subject to the operational requirements provided in Chapter 5.50 and 20.87 of the Newport Beach Municipal Code, The massage use shall operate only between 8:00 a.m. and 9:00 p.m. of the regular business hours of the primary business (personal service facility) and shall not operate at any time that the primary business is closed or not in operation. That is to say that the massage use cannot operate without the primary use in operation and in accordance with the provisions of Chapter 5.50 of the Newport Beach Municipal Code cannot operate between the hours of 10:00 p.m. and 8:00 a.m. 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. September 21, 2005 F: \USERS \PLN \Shared \PA's \PAs - 2005 \PA2005 - 186 \UP2005 -041 appr.doc Page 3 I 3. The project shall comply with State Disabled Access requirements. 4. Should complaints be received by the Planning Department, the Planning Director or the Planning Commission may add to or modify conditions of approval to this use permit (to address the complaints or rectify any problems that may arise), 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. 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 date of the decision. Any appeal filed shall be accompanied by a filing fee of $975.00. PATRICIA L. TEMPLE, Planning Director By Senior Planner Javier S. Garcia, AICP Attachments: Appendix Vicinity Map Site Plan and Floor Plan Appeared In Opposition: None Appeared in Support: None property owner Jeffrey J. Brown 2707 Windover Drive Corona Del Mar, CA 92625 September 21, 2005 F: \USERS \PLN \Shared \PA's \PAS - 2005 \PA2005 - 186 \UP2005 -041 appr.doc Page 4 APPENDIX Discussion The proposed service facility provides individual massage treatment as an amenity to the primary health and beauty care facility use. In accordance with Section 20.15 of the Municipal Code, personal service establishments in the RSC Districts are a permitted use within that designation. However, the addition of massage services to such a facility requires the approval of a use permit by the Planning Director in each case. The facility is generally provides hair, health and beauty care services and will also provide accommodations for a massage technician within a portion of the facility. As shown on the floor plan, the overall square footage of the personal service facility is approximately 620 square feet, with the square footage devoted to massage activity limited to one of the existing three rooms containing approximately 95 square feet of floor area each. The applicant has proposed hours of operation of the facility with a 9:00 a.m. opening hour. The authorized hours for massage use by the Municipal Code limits the opening hour to 8:00 a.m. The Planning Director has limited the hours of operation to between 8:00 a.m. and 9:00 p.m., daily. The massage service will be available by appointment during regular business hours of the primary use 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 service facilities 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 Officer shall ensure compliance with the provisions of the Municipal Code requirements and the intent of this Chapter. The waiver of the location requirement will accommodate the facility that is located within 500 feet of a second facility located next door at 2721 East Coast Highway, Suite 205. That facility is an independent massage facility that provides only massage services. The subject facility will provide massage as an amenity to the primary personal service use (hair, health and beauty). Staff is of the opinion that the limited hours of the massage portion of the use will prevent any detrimental affect on the surrounding commercial and residential uses. September 21, 2005 F: \USERS \PLN \Shared \PA's \PAs - 2005 \PA2005 - 180 \UP2005 -041 appr.doc Page 5 to 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 is permitted by right without approval of a use permit. The proposed use is not an intensification of the permitted retail personal service use. September 21, 2005 F: \USERS \PLN \Shared \PA's \PAs - 2005 \PA2005 - 186 \UP2005 -041 appr.dac Page 6 Appeal of Planning Director's Use Permit No. 2005 -041 October 11 2005 Page 5 ATTACHMENT "B" IZ Sections: 20.87.005 20.87.010 30.87.030 20.87.025 30.87.030 20.87.005 Ltl CHAPTER 20.87 MASSAGE ESTABLISHMENTS Intent And Purpose Definitions Massage Establishments As An Accessory Use Massage Establishments As An Independent Use Amortization ent And Purpose Pa,-,e 20.,x7 -1 Nlassage Establishments It is the purpose of this chapter to establish reasonable and uniform regulations which will serve to protect the health, safety, peace, morals, comfort or general welfare of (lie community by dispersing. the location of massage establishments, as defined herein, thereby preventing their continued concentration within certain noncommercial areas of (lie City of Newport Beach and byestablishing specific zoning districts in which such establishments shall be permitted. It is the intent of this chapter that the regulations be utilized to promote operation of le- itimate massage services, and to prevent problems of blight and deterioration which accompany and arc brought about by large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. 20.87.010 Definitions As used in this chapter, the following terms shall have (lie meanings indicated: A. Massage Establishment. "Massage Establishment" shall mean any hll$IIIeSS conducted within the City of Newport Beach where any person, for money or any other consideration, administers to another person a massage as defined in section 5.50.010 of the Municipal Code. B. Establishment. "Establishment" shall include the opening of such a business us a new business, the relocation of such business, or (lie conversion of an existing, business location to any'massage establishment' use, the expansion of any existing- business, the alteration or enlargement of any existing business, or any of the uses within such a business, or any addition to eXisting uses within an CXistin" business. 11 z-1,)v 13 PaL,e 20.57 -7 Massage Establishments 20.87.020 Massage Establishments As An Accessory Use A massage establishment which is operated as an accessory use in conjunction kith an oppro%ed health club. athletic club. gym, or hotel which is or will be operated pursuant M an appim c:d use permit; or in conjunction with a medical office or chiropractic office which is regulated by State law. shall be permitted in any district where the primary use is permitted. For the ptnpose ol'thi, section. an accessory use shall mean a use which is not more than 25 percent of the floor area of the related health or athletic activities of the primary use. 20.87.025 Massage Establishments As An Independent Use A massage establishment which operates as an independent use, shall be permitted in the [1 -1 -A District, RMC, RSC, and APF Districts. commercial areas of PC Districts and commercial areas of the SP -4 (Newport Shores Specific Plan), SP -5 (Mariner's Mile Specific Plan), and SP -9 (Old Newport Boulevard Specific Plan) Districts, subject to the securing of a use permit approved by the Planning Director in each case, and provided further that such establishment conforms to the following: A. Lee at ion Reg Uirements. Notwithstandingany other provision ofthe !MitincipaI('ode, no use permit shall be approved by the City of Newport Beach 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. B. Waiver of Location Restrictions. Any property owner or his authorized agent may apply for a waiver of the location restrictions contained in this section. The Planning Director, after a public hearing, may waive any location restriction, if all the following findings are made: 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: and 2. The proposed use will not enlarge or cncourMgc file decclopmcnt of an urh.ut blight area; and 3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal: and 11 ,a . "? Iy Paee _'O.S? -? 1lassaee Gslablishmenis 4. The use at the proposed location will not adversely alTect the use of a place used exclusively for religions worship, school, park or playground; and 5. All applicable regulations of this Municipal Code will be observed. 20.87.030 Amortization Any massage establishment as defined in this chapter which was lawfully in existence as of the effective date of this chapter (March 25, 1992) which does not comply in whole or in part with the provisions of this chapter, shall be terminated or otherwise be brought into full compliance within I year of the effective date of this chapter (March 25, 1992). for those establishments which canaol be brought into compliance with these provisions because they are not in an approved district, the use may be extended for only one additional period of time, to be established by the Planning Director, upon a showing by the applicant that such extension is reasonably necessary to permit the owner of- the massage establishment to amortize or otherwise recover any along term investment in the massage establishment. Any request for an extension of the 1 year amortization period must be made in writing by the occarcr of the massage establishment to the Planning Director not later than 60 days prior to the end ofthe I year period provided for in this section. The Planning Director may grant an extension of up to 1 additional year if the business is otheneisc in compliance with all other applicable provisions of law, and upon a showing by the applicant: A. That the business involves a substantial financial investment in real property, improvements or stock in trade, or B. The business is subject to a written long term lease entered into prior to January 14, 1991 with a termination date extending beyond I year from the effective (late of this chapter, or C. Other factors establishing the nature of the business is such that the business cannel be easily relocated. 11 iA 'n, 15 NOTICE OF PUBLIC HEARING Planning Director's Use Permit (PA2005 -186) NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the approval of Planning Director's Use Permit No.2005 -041, submitted by Shannon A.L. Byars, to allow the addition of massage therapy services to an existing personal service facility that specializes in hair and beauty. The facility is located within an existing multi - tenant commercial building. No new construction is proposed with this application and the use will be provided within a treatment room within the existing tenant space. A request to waive the location requirements that limit the distance between such independent massage establishments to a minimum of 500 feet is also included in this application. The property is located at 2721 East Coast Highway, Suite 108 in the RSC (Retail and Service Commercial) District. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th day of October, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. I" oS LaVonne M. Harkless, City Clerk City of Newport Beach \JJ � NOTICE OF PUBLIC HEARING Planning Director's Use Permit (PA2005 -186) NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the approval of Planning Director's Use Permit No.2005 -041, submitted by Shannon A.L. Byars, to allow the addition of massage therapy services to an existing personal service facility that specializes in hair and beauty. The facility is located within an existing multi - tenant commercial building. No new construction is proposed with this application and the use will be provided within a treatment room within the existing tenant space. A request to waive the location requirements that limit the distance between such independent massage establishments to a minimum of 500 feet is also included in this application. The property is located at 2721 East Coast Highway, Suite 108 in the RSC (Retail and Service Commercial) District. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th day of October. 2005, at the hour of 7:00 a.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. o�llrfillna� - ,��� LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Planning Director's Use Permit (PA2005 -186) NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the approval of Planning Director's Use Permit No2005 -041, submitted by Shannon A.L. Byars, to allow the addition of massage therapy services to an existing personal service facility that specializes in hair and beauty. The facility is located within an existing multi - tenant commercial building. No new construction is proposed with this application and the use will be provided within a treatment room within the existing tenant space. A request to waive the location requirements that limit the distance between such independent massage establishments to a minimum of 500 feet is also included in this application. The property is located at 2721 East Coast Highway, Suite 108 in the RSC (Retail and Service Commercial) District. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th day of October, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. v MX it La onne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Planning Director's Use Permit (PA2005 -186) NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the approval of Planning Director's Use Permit No.2005 -041, submitted by Shannon A.L. Byars, to allow the addition of massage therapy services to an existing personal service facility that specializes in hair and beauty. The facility is located within an existing multi - tenant commercial building. No new construction is proposed with this application and the use will be provided within a treatment room within the existing tenant space. A request to waive the location requirements that limit the distance between such independent massage establishments to a minimum of 500 feet is also included in this application. The property is located at 2721 East Coast Highway, Suite 108 in the RSC (Retail and Service Commercial) District. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th day of October, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk �1 City of Newport Beach Jam Free Printing Use Ave "TEYPeL�1TreE� ® Jam an Smu in9 -Use AvCry® TEMPLATE 51600 Property Owner: Jeffrey Brown 2707 WindoverDr Corona Del Mar, Ca 92625 -1330 I www.avery.com 1- 800 -GO- AVERY— - Corona Del Mar Chamber of Commerce Applicant: 2855 E. Coast Highway #101 Corona Del Mar, CA 92625 -2203 Shannon Byars 151 So. Myers — Apt. G Oceanside, CA 92054 Corona Del Mar Comm. Assoc. Attw Dick Nichols 519 Iris Avenue Corona Del Mar, CA 92625 Corona Del Mar Residents Assoc. P.O. Box 1500 179 Corona Del Mar, CA 92625 — -- - aoidw a6ey'j,?s @ 18 86eANpWddmgsugdwj Ulam se ram Prin i t Ming 'wU,2 e i 5160® 459- 021 -07 Cia -Mar 2540 Huntington Dr 101 San Marino, Ca 91108 -2601 459- 021 -10 Herbert L Silinsky 4768 Park Encino Ln 307 Encino, Ca 91436 -3278 459- 021 -14 William & Susan Darnall 24849 Del Prado Dana Point, Ca 92629 -2853 i 459 - 021 -18 J Richter 507 Fernleaf Ave Corona Del Mar, Ca 92625 -2116 459- 034 -11 Jan Hering 62 Royal Saint George Rd Newport Beach, Ca 92660 -5222 459- 034 -14 Miner Properties 365 Vi oud port Beach, Ca 92663 -4615 459- 034 -17 Eskandar Pourgol 2146 San Ysidro Dr Beverly Hills, Ca 90210 -1560 459- 051 -02 Angeline Rhodes PO Box 1876 Newport Beach, Ca 92659 -0876 459- 051 -05 Adel Youssef 2070 Samuel Ct Canfield, Oh 44406 -8075 • 1- 8o8v6WA%VWm 1 -800 -G O -AV ERID 459 - 021 -08 Michele M Lueptow 514 Dahlia Ave Corona Del Mar, Ca 92625 -2105 459- 021 -11 Ralph A Wakefield 520 Dahlia Ave Corona Del Mar. Ca 92625 -2105 459- 021 -15 Joy L Curtin 513 Femleaf Ave Corona Del Mar. Ca 92625 -2116 AVERY® 5160® 459- 021 -09 John & Charles Green 516 Dahlia Ave Corona Del Mar, Ca 92625 -2105 459- 021 -12 Barry T Faber 16 Pinehurst Ln Newport Beach, Ca 92660 -5229 459- 021 -17 Gerard Andrassy 5231 Los Altos Dr Yorba Linda, Ca 92886 -4108 459- 034 -10 459- 022 -01 Tr Masters -4713 PO Bo C ona Del Mar, Ca 92625 -0116 459- 034 -12 459- 034 -13 Kevin & Nancy Taylor Miner Properties 20092 Cape Cottage Ln 365 Via Lido Soud Huntington Beach, Ca 92646 -4404 Newport Beach, Ca 92663 -4615 459 - 034 -15 Miner Proerties 3 459- 034 -18 Azizollah Ahdout 2760 E Coast Hwy Corona Del Mar, Ca 92625 -2134 459- 051 -03 Sylvia Firestone 606 Jasmine Ave Corona Del Mar, Ca 92625 -2307 459- 051 -06 Bixby Land Co PO Box 2488 Long Beach, Ca 90801 -2488 459- 051 -08 459- 171 -03 Haron Yomtoubian Richard W Mc Ilrath 2510 Vista Baya 4014 Layang Cir D Newport Beach, Ca 92660 -3636 Carlsbad, Ca 92008 459 - 034 -16 Rvs Limited Partnership 904 N Bedford Dr Beverly Hills, Ca 90210 -3016 459- 051 -01 Bertram A Rowe 407 B Femleaf Corona Del Mar, Ca 92625 459- 051 -04 Andrew Cyga 614 Goldenrod Ave Corona Del Mar, Ca 92625 -2145 459- 051 -07 Walter C Boice 3500 E Coast Hwy 1 Corona Del Mar, Ca 92625 -2496 459- 171 -04 Poole 1446 Kincaid St Redlands, Ca 92373 -6932 A ®0915 31.V1dw314akeAv asn momtvANi-M wB9�� -�� � m09L51iA1�8�t96W91V IaW16 a 459 - 171 -05 459- 171 -06 459- 171 -07 Brian H Boyajian David & Michelle Jalali Kraig B Hogan PO Box 18334 2901 Harbor View Dr 512 Femleaf Ave Irvine, Ca 92623 -8334 Corona Del Mar, Ca 92625-1513 Corona Del Mar, Ca 92625-11115 459- 171 -08 Triona Bergin 514 Femleaf Ave Corona Del Mar, Ca 92625-2115 459 - 171 -11 Timothv Tamura 5055 Narcissus Ave Corona Del Mar, Ca 92625 -2416 —5 9-171 -1- Ieftrey Bro+ +n 2707 Wind t �r Cor el _liar, Ca 92625 -1330 459 - 171 -17 Orange County Llc 3330 S Figueroa St Los Angeles, Ca 90007 -3740 459 - 171 -21 Calvin J Coatsworth 513 Goldenrod Ave Corona Del Mar, Ca 92625 -2124 459- 171 -24 Joan R Couturier 503 Goldenrod lit Corona Del Mar, Ca 92625 -2124 934 -61 -174 Mickael 519 Femleaf Ave A Corona Del Mar, Ca 92625-2116 934 -61 -177 Reagan E Gray 517 Femleaf Ave Corona Del Mar, Ca 92625-2116 459- 171 -09 Paul Le Pante 516 Femteaf Ave Corona Del Mar, Ca 92625-2115 4S9 - 171 -12 Charles Maste PO Bo C, ona Del Mar, Ca 92625 -0116 459- 171 -15 R & D Mckinno 2737 amt Hwy Corona Del Mar, Ca 92625 -2110 459 - 171 -18 Orange County Llc 3330 S Figueroa St Los Angeles, Ca 90007 -3740 459 - 171 -22 Terence Lyons 219 Larkspur Ave Corona Del Mar, Ca 92625 -3039 459 - 171 -28 Calvin J Coatsworth 515 Goldenrod Ave Corona Del Mar, Ca 92625 -2124 934 -61 -175 Brian Lindley 519 Femleaf Ave Corona Del Mar, Ca 92625 -2116 934 -61 -185 Samantha Mc Dermott 24040 Camino Del Avion A Monarch Beach, Ca 92629 -4083 938 -01 -015 938 -01 -016 Warner P Bordier Warner P Bordier 3065E Viki 3065 E Viking Rd La 'gas, Nv 89121 -4313 Las Vegas, Nv 89121 -4313 459 - 171 -10 Nielsen 407 Mendoza Ter Corona Del Mar, Ca 92625-2611 4S9- 171 -13 Charles Masters PO Box 116 Corona Del Mar, Ca 92625-0116 459- 171 -16 R & D Mckinnon 2737 E Coast H+vy Corona Del Mar, Ca 92625 -21 10 459 - 171 -19 Orange County Llc 3330 S Figueroa St Los Angeles, Ca 90007 -3740 459 - 171 -23 Jeffrey J Evans 436 Brower Ave Placentia, Ca 92870 459 - 174 -05 Steven Cash 27421 Avenue 12 Madera, Ca 93637 -8506 934 -61 -176 Tim & Danielle Miller 517 Fernleaf Ave Corona Del Mar, Ca 92625-2116 934 -61 -186 Mark Brady 51 1 Femleaf Ave Corona Del Mar, Ca 92625 -2 1 1 6 ®� W U�i-L ® s Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24331 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to -or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: OCTOBER 1,2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on OCTOBER 1,2005 at Costa Mesa, California. Signature }5 � �T .' 5 NOTKEOF waive the location City Hall, 3300 Newport PUBJC HEWKG requirements that limit Boulevard, Newport Plmi DireAa S he distance between such independent mas- Beach, California, at which time and place OsePervilt A2005 -186) : sage, establishments to any and all persons NOTICE 15 HEREBY i a mnimum of 500 feet interested may appear GIVEN that the City i is also included in this and be heard thereon. If Council hold a public application. The property you challenge this will hearing on the approval is located at 2721 East project in court, you of Planning Director's Coast Highway, Suite may be limited to raising Use Permit No.2005 -041, 108 in the RSC (Retail only those issues you or submitted by Shannon and Service Commercial) someone else raised at A.L. Byars, to allow the District. This project has the public hearing, addition of massage been reviewed, and it described in this notice'; therapy services to an has been determined or in written corre- existing Personal service that it is categorically spondence delivered to facility that specializes exempt under the re- the City at, or prior to, in hair and beauty. The quirements of the Cali- the public hearing. For facility is located within fornia Environmental information call (949) an existing multi- tenant Quality Act under Class 644 -3200. commercial building. No 1(Existing Facilities). Laverne M. Harkless, new construction is NOTICE 15 HEREBY City Clerk proposed with this FURTHER GIVEN that City of Newport Beach applicatioh and the use said public hearing will Published, Newport will be Provided within be held on the 11th day Beach /Costa Mesa Daily a treatment room within of October, 2005, at Pilot October 1, 2005 the existing tenant the hour of 7:00 p.m. Sa905 space, !p request to in the Council Chambers - of the Newport Beach