Loading...
HomeMy WebLinkAbout01/21/1993.4 CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: Iannam 21. 1993 ROLL CALL INDEX Present * * * All Commissioners were present. Chairman Edwards welcomed Tod Ridgeway to the Planning Commission. Commissioner Ridgeway was recently appointed by the City Council to serve out Commissioner Debay's Commission term of 3 -1/2 years. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of January 7. 1993 Minutes of 1/7/' Commissioner Glover addressed page 19 of the January 7, 1993, Planning Commission minutes regarding Use Permit No. 3469 wherein it states Commissioner Glover apologised to the applicant if the statement was incorrect and she requested that the statement be deleted from the public record Robin Flory, Assistant City Attorney, explained that the reference is to a Police Department statement that the applicant had been cited for violations regarding clothing. She explained that the Police Department wrote up a report after their investigation and submitted the report to the City Attorney's Office, and the City Attorney's Office did not take action on the report. The applicant was not aware that a report had been written and submitted to the City Attorney's Office. Ms. Flory suggested a motion could be made to request deletions in the staff report with respect to references to the citation inasmuch as no citation was issued. 4 t nkk\to MINUTES CITY OF NEWPORT BEAP.1p. ,, �t tooq ROLL CALL INDEX James Hewicker, Planning Director, stated that the staff report would be corrected to delete the references to the citation, and the minutes would stand as they are written inasmuch as the Planning Commission minutes of January 7, 1993, do not refer to the citation. Motion Motion was made and voted on to approve the January 7, 1993, - Ayes -* Planning Commission minutes. MOTION CARRIED. Abstain A motion was made and voted on requesting that references in the Motion January 7, 1993, staff report, Item No. 4, Use Permit No. 3469, Ayes * * * with respect to violations of Chapter 5.50 and a citation of Abstain improper clothing, be deleted. MOTION CARRIED. Public Comments: Public No one appeared before the Planning Commission to speak on Comment non - agenda items. Posting of the Agenda: Posting of the Director Hewicker stated that the Planning Commission Agenda Agenda was posted on Friday, January 15, 1993, in front of City Hall. R i R Request for Continuances: Request for Director Hewicker recommended that Items No. 9, Use Permit Continu No. 3476, 4301 Birch Street, and No. 10, Use Permit No. 3478, 4222 Campus Drive, be continued to the Planning Commission meeting of February 4, 1993, so as to allow the Office of the City Attorney additional time to review and comment on the applications that would permit the continued operations of existing independent massage establishments. He also stated that the -2- �'01�1'O�s'o MINUTES CITY OF NEWPORT BEAn 21.1993 ROLL CALL INDEX applicant recommended that Discussion Item No. 1, Modification No. 3928 regarding the proposed changes to the approved landscape plan in conjunction with an approved retaining wall and glass windscreen on 12 contiguous lots in Cameo Highlands, be continued to the Planning Commission meeting of February 4, 1993. Motion All Ayes Motion was made and voted on to continue Items No. 9, and 10, and Discussion Item No. 1 to the February 4, 1993, Planning Commission meeting. MOTION CARRIED. Use Permit No. 3471 (Public Hearing) stem No.. Request to permit the continued operation of an existing UP3471 independent massage establishment on property located in the RSC District. Approved LOCATION: Lots 5 and 6, Tract No. 1136, located at 322 North Newport Boulevard, on the southeasterly side of North Newport Boulevard, between Catalina Drive and Beacon Street, in the Old Newport Boulevard Specific Plan Area. ZONE: RSC -H -R APPLICANT: Alice L. Hamilton, Newport Beach OWNER: Patricia R. Wells, Huntington Beach The public hearing was opened in connection with this item, and Ms. Alice Hamilton, applicant, appeared before the Planning Commission, and she concurred with the findings and conditions in Exhibit "A ". -3- 4 COMMISSIONERS MINUTES CITY OF NEWPORT BEA94a y 21, 1993 ROLL CALL INDEX Ms. Patricia Wells, property owner, appeared before the Planning Commission, and she requested that the Commission approve the subject application. There being no others desiring to appear and be heard, the public. hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3471 All Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.63 of the Newport Beach Municipal Code. . 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. 3. That adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 4. That the Police Department has indicated that there are not any police problems associated with the subject operation. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. -4- 4 4 rl0141t�PRONW\&O MINUTES CITY OF NEWPORT BEAary 21, 1993 ROLL CALL INDEX 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3471 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 am. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 5. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 6. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to -5- 4 COMMISSIONERS MINUTES CITY OF NEWPORT BEAC,,H annanr 21 1994 ROLL CALL INDEX the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage. technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. Use Permit No. 3473 (Public Hearing) Item No. Request to permit the continued operation of an existing UP3473 Approved independent massage establishment on property located in the RSC District. LOCATION: Lot 3, Block A, Tract No. 470, located at 2333 East Coast Highway, on the southwesterly side of East Coast Highway, between Acacia Avenue and Begonia Avenue, in Corona del Mar. ZONE: RSC APPLICANT: Johanna Behringer, Corona del Mar OWNER: Gary Sauter, Costa Mesa The public hearing was opened in connection with this item, and Ms. Johanna Behringer, applicant, appeared before the Planning Commission, and she concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. -6- 4w0 ONAMN IL F1 5?: CITY OF NEWPORT BEA §Aazy 21,1993 ROLL CALL INDEX Motion Motion was made and voted on to approve Use Permit No. 3473 All Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. 3. That the Police Department has indicated that there are not any police problems associated with the subject operation. 4. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the location requirements for massage establishments will be observed. 5. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 6. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 7. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 8. The approval of Use Permit No. 3473 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be -7- MINUTES CITY OF NEWPORT BEAD, 21, 1493 ROLL CALL INDEX detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m, daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Municipal Code. 5. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 6. That the applicant shall obtain Coastal Commission approval of this application. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. -8- MINUTES CITY OF NEWPORT BEAgAlary 21. 1993 ROLL CALL INDEX Use Permit No. 3474 (Public Hearing) item No. Request to permit the continued operation of an existing UP3474 independent massage establishment on property located in the Approved RSC District. LOCATION: A portion of Lot 20, Lot 22, and a portion of a vacated alley, all within Block 435, Corona del Mar, located at 436 Heliotrope Avenue, on the southeasterly side of Heliotrope Avenue, between First Avenue and Second Avenue, in Corona del Mar. ZONE: RSC APPLICANT: Andrea Badger, Corona del Mar • OWNER: Gamelia Haddad Trust, Brawley The public hearing was opened in connection with this item, and Ms. Andrea Badger, applicant, appeared before the Planning Commission, and she addressed Condition No. 5, Exhibit "A' in the staff report, stating that ..music shall be confined to the interior of the building and all doors and windows shall be, kept closed while such music is played Ms. Badger explained that during the past 8 years she has kept the doors and windows open for ventilation and no one has complained about the therapeutic music. In response to a question posed by Commissioner Gifford, Ms. Badger concurred that she requests the deletion of all doors and windows shall be kept closed while such music is played She stated that her health practice has not been detrimental to the community, and physicians refer patients to her establishment. James Hewicker, Planning Director, addressed Condition No. 5, Exhibit "A ", stating That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors..., and he suggested that the condition could be revised to state ..music shall be confined to the premises, inasmuch as it would allow for the music to be carried to the -9- L COMMISSIONERS MINUTES CITY OF NEWPORT BEACrAtary 21,1993 ROLL CALL INDEX property lines. He explained that the purpose of the condition is to control the music so it does not become annoying to the public. Commissioner Merrill pointed out that he is sensitive to a commercial area that is adjacent to a residential area, and he. recommended that the condition remain as stated in Exhibit W on the basis that the facility could change operators. He explained that the condition would be a safeguard in the event there would be a complaint. In response to a question posed by Commissioner DiSano, Ms. Badger replied that the facility is not air conditioned. There being no others desiring to appear and be beard, the public hearing was closed at this time. Commissioner Gifford stated that her concern would be that to allow music on the premises would technically permit music outside of the building as long as it did not leave the premises. Mr. Hewicker stated that the condition could be revised to state ..such music shall be generally confined to the interior of the building.. indicating that the sound would be confined to the interior and if there is a window or door open and music could be beard outdoors and it becomes a problem, that Condition No. 7 would allow the Planning Commission to call up the use permit. Motion * Motion was made to approve Use Permit No. 3474 subject to the findings and conditions in Exhibit "A ", with the exception that Condition No. 5 would be revised to state ..such music shall be generally confined to the interior of the building. Commissioner Glover stated that she would not support the motion inasmuch as there would be a problem if all of the merchants in Corona del Mar requested music and if the windows and doors were open, and there would be a problem if all of the massage parlors had a similar request. She addressed the close proximity of the residential area to the commercial area. Substituti Substitute motion was made to approve Use Permit No. 3474 of ion * subject to the findings and conditions in Exhibit W. -10- "'QpQ��jA QQ MINUTES CITY OF NEWPORT BEACfIl,az.y 21, 1993 ROLL CALL INDEX Commissioner Pomeroy did not support the substitute motion. He explained that the majority of the businesses in Corona del Mar are not regulated by use permits; however, the majority of the stores have music playing and the door; and windows are open if there is no air conditioning. Commissioner Merrill addressed the close proximity of the subject facility to the residential area. Commissioner DiSano concurred with Commissioner Pomeroy's previous comment regarding air conditioning. He referred to Condition No. 7 stating that the Planning Commission may add to or modify conditions of approval ....upon a determination that the operation ....is detrimental to the ..community. Commissioner DiSano commented that it could be detrimental to the business if the windows and doors were closed and there was no air conditioning. Commissioner Ridgeway stated that there are other avenues to remedy the problem wherein he explained that if the music is a nuisance, there are regulations that would govern the complaint. He supported the original motion. Commissioner Gifford stated that she would support the original motion on the basis that the appropriate place to exercise the sensitivity under the circumstances is in the event of any complaints from residents. Ayes * Substitute motion was voted on, MOTION FAILED. Noes Ayes * * * * * * The original motion was voted on, MOTION CARRIED. No FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. -ll- MINUTES CITY OF NEWPORT BEAWar 21.1993 ROLL CALL INDEX 2. That the project is consistent with the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 3. Adequate off - street parking and related vehicular. circulation are being provided in conjunction with the existing development. 4. That the Police Department has indicated that there are not any police problems associated with the subject operation. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7 That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. S. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3474 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -12- MINUTES CITY OF NEWPORT BEACYR. 21.1993 ROLL CALL INDEX CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 am. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Municipal Code. 5. That should prerecorded music be played within the massage facility, such music shall be generally confined to the interior of the building. 6. That the applicant shall obtain Coastal Commission approval of this application. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. r -13- L L �' PO s�' r' o MINUTES CITY OF NEWPORT BEA92%ary 21. 1993 M ROLL CALL INDEX Use Permit No. 3472 (fblic Hearing) Item No. Request to permit the continued operation of an existing UP3472 independent massage establishment on property located in the M- 1-A District. The proposal also includes a request to waive the. Approved location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lots 52 and 53 and a portion of Lot 54, Tract No. 3201, located at 3847 Birch Street, on the southwesterly comer of Birch Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: Shirley Ann Henderson, Huntington Beach OWNER: University Industrial Center, Newport Beach In response to a question posed by Commissioner Glover with respect to the statement in the staff report indicating that the applicant has not been cited for any violations; however, an arrest for prostitution was made at the subject establishment, Robin Flory, Assistant City Attorney, explained that the arrest was made on the premises on June 11, 1992. Commissioner Pomeroy commented that the aforementioned charges are pending, and he asked if it would be suitable cause that the business is not in the public interest and is detrimental to the community. Ms. Flory explained that it was her opinion that it would not, i.e.: generally the operator is notified and put on notice that this type of conduct has occurred on the premises and if there would be future problems then revocation could be considered. She stated that generally the operator's permit is not revoked when there is one arrest or one event. She said that for purposes of denial of a use permit, one arrest may not be sufficient as well. In response to Commissioner Pomeroy stating -14- M 4 QQ dPk411W101N\NW\*\\O MINUTES CITY OF NEWPORT BEACrgary 21.1993 ROLL CALL INDEX that with respect to requiring use permits for massage establishments and if there would be a second complaint then the Commission could call up the use permit for revocation, Ms. Flory replied that the foregoing would be an appropriate statement. In response to a question posed by Commissioner Merrill, Ms. Flory explained that the City Attorney's Office has been notified that the trial has been scheduled for February 16, 1993. The public hearing was opened in connection with this item, and Mr. George Grove, 7095 Hollywood Boulevard, Suite 773, Hollywood, attorney for the applicant, appeared before the Planning Commission. He expressed his appreciation to the Commission with respect to their action to correct the Use Permit No. 3469 staff report discussed at the beginning of the Planning Commission meeting. . In response to a question posed by Commissioner Gifford, Mr. Grove replied that Ms. Henderson was the owner of the business at the time of the foregoing arrest. Mr. Grove stated that the applicant was previously located at a different location from 1985 to 1990 and the only violation at the other location was that Ms. Henderson was cited for an open soap dispenser. Ms. Henderson has operated the subject business from August, 1990, to date. In reference to the aforementioned arrest, Mr. Grove explained that the employee was suspended at the time of the incident inasmuch as Ms. Henderson wanted to make her own investigation. At the end of the investigation, Ms. Henderson concluded that the employee had not committed the offense and the employee is presently working at the subject establishment. He said that if the employee would be convicted, then the person would be terminated from any further employment. Mr. Grove addressed Condition No. 6, Exhibit "A" in the staff report stating That the applicant shall submit drawings and obtain all required building, plumbing and electrical permits for existing tenant improvements., and he explained that when the applicant obtained possession of the premises in 1990, the premises existed -15- 4 MINUTES CITY OF NEWPORT BEAQr&a,v 21 1993 ROLL CALL INDEX then as they do now with two minor exceptions, i.e.: a new shower and plumbing alterations were made by a licensed contractor. In response to a question posed by Commissioner DiSano, Mr. Grove stated that the applicant has no objections to comply with. the Condition No. 6 requirements. Mr. Grove stated that he has completed his review of the Ordinance, and he is concerned about several matters in the Ordinance which relate to both procedural and constitutional problems. He concurred with the findings and conditions in Exhibit "A'; however, the acceptance does not constitute a waiver if something would develop in the future where it may be necessary to challenge the Ordinance in question. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Merrill requested a clarification in the staff report wherein it states that ..unless said use is otherwise extended by the Planning Commission for one additional year. Ms. Flory explained that the reference applies to establishments that are not within one of the permitted areas to have an independent massage establishment. In response to a question posed by Commissioner Gifford regarding Condition No. 6, Mr. Hewicker explained that typically staff expects the applicant to comply with the conditions of approval within a relatively short period of time. After the use permit is approved, a Code Enforcement Officer will visit the premises to be assured that all of the conditions are in compliance. Commissioner Gifford stated that it would be appropriate that the applicant be put on notice with respect to a time frame for compliance. Mr. Hewicker stated that 30 days would be an adequate period of time to submit the drawings, and .once the drawings have been submitted to the Building Department, then it is the responsibility of the City to proceed with the project. i -16- ���o���'o�oso MINUTES CI'T`Y OF NEWPORT BEACfyary 21-1993 ROLL CALL INDEX In response to a question posed by Commissioner Pomeroy, Ms. Flory explained that if the improvements were installed when a building permit was required and a building permit was not obtained, then there would be illegal improvements; however, it would not be a matter of bringing the facility up to Zoning Code. requirements, if when the improvements were installed they were not required to have a permit. Commissioner Pomeroy stated that if the improvements were made without a building permit, however they were made in accordance with the Zoning Code and they do not violate any of the City's Ordinances, there may not be any expense other than obtaining a permit and having the required inspection. Motion * Motion was made to approve Use Permit No. 3472 subject to the Ayes findings and conditions in Exhibit "A ". MOTION CARRIED. No FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.63 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. That adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. • -17- MINUTES CITY OF NEWPORT BEACH „v „ ,QQ,A ROLL CALL IlVDEX 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage . establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or. playground. 9. The approval of Use Permit No. 3472 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 am. daily, as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. -18- L MINUTES CITY OF NEWPORT BEASAary 21.1993 ROLL CALL INDEX 6. That the applicant shall submit drawings and obtain all required building, plumbing and electrical permits for existing tenant improvements. 7. That should prerecorded music be played within the. massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 8. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of • said use permit or any other provision of Chapters 550 or 20.68 of. the Municipal Code. Use Permit No. 3475 (Public Hearing) Item No.5 Request to permit the continued operation of an existing up3475 independent massage establishment on property located in the M- 1-A District. The proposal also includes a request to waive the Cont'd to 2/4/93 location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 47, Tract No. 3201, located at 4001 Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A -19- 4 01\1N)ORRIW\�0 � u509 CITY OF NEWPORT BEA9HUary, 21,1993 0 ROLL CALL INDEX APPLICANT: John V. Black, Newport Beach OWNER: Aldo Chiappero, Reno, Nevada The public bearing was opened in connection with this item, and. Mr. John V. Black, applicant, appeared before the Planning Commission. Mr. Black requested that the subject item be continued to the February 4, 1993, Planning Commission meeting to allow him additional time to review this matter with another tenant in the building at the subject property. Robin Flory, Assistant City Attorney, explained that the continuance would allow the applicant additional time to meet with another tenant regarding a confusion that currently exists between the parties. Motion * Motion was made and voted on to continue Item No. 5, Use All Ayes Permit No. 3475, to the February 4, 1993, Planning Commission meeting. MOTION CARRIED. s s s Use Permit No. 3477 (Public Hearing) Item No. Request to permit the continued operation of an existing UP3477 independent massage establishment on property located in the M- 1-A District. The proposal also includes a request to waive the Denied location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lots 52, 53 and a portion of Lot 54, Tract No. 3201, located at 2009 Quail Street, on the northwesterly comer of Birch Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A -20- 0 �1- P i'o�poso MINUTES CITY OF NEWPORT BEA9&ary 21.1993 ROLL CALL INDEX APPLICANT: Karol Anna P. Tran, Newport Beach OWNER: University Industrial Center, Newport Beach The public hearing was opened in connection with this item, and, Mr. George Grove, 7095 Hollywood Boulevard, Suite 773, Hollywood, attorney for the applicant, appeared before the Planning Commission. He stated that the applicant has been at the subject location since 1987, and the one and only incident that has occurred at the establishment and resulted in a conviction is currently on appeal. The employee was suspended at the time of arrest and has not worked at the establishment since that time. In reference to Condition No. 6, Exhibit "A" in the staff report, requiring the applicant to submit drawings and obtain all required permits, Mr. Grove explained that the only improvement the applicant has made is that she has painted the premises. He concurred with the findings and conditions in Exhibit "A "; however, there are constitutional questions in mind regarding the related Ordinances and the applicant reserves the right, if necessary, to challenge parts of the Ordinance. There being no others desiring to appear and be beard, the public hearing was closed at this time. Commissioner Pomeroy stated that based on the Massage Establishment's Ordinance and comments by the Police Department and reports that the Commission has read, if it were not for the recommendation and opinion given by Assistant City Attorney Flory he would vote to deny the use permit because the establishment fits very close to the category of being detrimental to the health, safety, peace, morals, and comfort of persons residing or working in the neighborhood or to the City. The operator of the establishment has to know the sensitivity of the establishment and the Ordinance. Commissioner Gifford stated that Ms. Flory has suggested that perhaps one conviction may not be a suitable basis for denial of a use permit. She asked if there would be another conviction, but -21 Pr L MINUTES CITY OF NEWPORT BEAg 9}1 „ ,Go1 ROLL CALL INDEX a change in ownership, how would that affect the situation. Ms. Flory responded that if there was another conviction regardless of a change of ownership, all of the facts would be brought back to the Commission for consideration. Commissioner Gifford stated that it would appear not to be too difficult to change ownership and if the Commission is operating under a guidance that one conviction is not sufficient, then she has a concern that there would always be one conviction for any given owner. Ms. Flory responded that the attempt under the Ordinance is if there is a change in owners, the operator is notified that a situation previously occurred. Inasmuch as the use permit runs with the land, it would be up to the Commission to determine whether or not a use permit could be denied or revoked, depending upon the facts. Commissioner Glover questioned if the Planning Commission decided not to approve the subject use permit, what does it mean for the applicant. Ms. Flory answered that if the Commission denied the use permit, the establishment would not be able to operate in the City; however, the applicant could appeal the decision of the Planning Cotmnission to the City Council. In response to a question posed by Chairman Edwards with respect to Ms. Flory's opinions, Ms. Flory responded that she has her opinions on matters, but that she does not make the determination on the facts before the Commission, that it is the Commission's determination. Commissioner DiSano addressed Commissioner Pomeroy's previous statement; however, he recognized Ms. Flory's opinions and the fact that the use permit is a policing tactic for the City. Motion was made to approve Use Permit No. 3477 subject to the Motion findings and conditions in Exhibit "A ", with the knowledge that one additional blatant violation of the code would bring the use permit back for a revocation hearing. Commissioner Glover stated that she would not support the motion. She commented that she has been supportive of massage establishments as they have come before the Commission and she -22- pr u IVI- 0'031r.9 CITY OF NEWPORT BEA9Aary 21.1993 ROLL CALL H4DEX has tried to be fair; however, there has been a conviction 'in this case and it was her opinion that the establishment would be detrimental to the health, safety, peace, morals, comfort, and general welfare of the citizens. Chairman Edwards stated that he would not support the motion. He supported Commissioner Glover's previous statement. He said to ask for a legal opinion is one thing, and to ask for a personal opinion is another thing - each has to make his own decision. Ayes * Motion to approve Use Permit No. 3477 subject to the findings Noes * * * and conditions in Exhibit "A" was voted on, MOTION DENIED. FINDINGS FOR DENIAL: 1. That there are five other independent massage establishments located within 500 feet of the subject facility. 2. That the continued operation of the existing massage establishment will be contrary to the public interest and injurious to nearby properties inasmuch as the location requirements for massage establishments will not be observed. 3. That the continued operation of the existing massage establishment will enlarge or encourage the development of an urban blight area. 4. That the continued operation of the existing massage establishment will be contrary to any program of neighborhood conservation and it will interfere with efforts to promote continued urban renewal. 5. That the recent criminal conviction a massage technician working in this establishment for violation of Penal Code 647b (Prostitution) indicates that the subject facility has not been operated in conformance with all applicable provisions of the Penal Code. -23- 4 L 4M O s O IMPLlYli�?.9 CITY OF NEWPORT BEACyn,a1v 21-1993 ROLL CALL INDEX 6. The approval of Use Permit No. 3477 will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and worldng in the neighborhood or be detrimental or injurious to property and improvements in. the neighborhood or the general welfare of the City. Use Permit No. 3479 (Public Hearing) item No. Request to permit the continued operation of an existing UP3479 independent massage establishment on property located in the M- 1-A District. The proposal also includes a request to waive the Approved location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 47, Tract No. 3201, located at 4001 Birch Street, on the northwesterly side of Birch Street between Dove Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: Chrissy X. Pham, Newport Beach OWNER: Aldo Chiappero, Reno, Nevada The public hearing was opened in connection with this item. Mr. George Grove, 7095 Hollywood Boulevard, Suite 773 Hollywood, attorney for the applicant, appeared before the Planning Commission. Mr. Grove stated that the applicant has been in business since June, 1991, and no recorded incidents have occurred at the facility. He concurred with the findings and conditions in Exhibit "A" in the staff report, with the constitutional reservation in the event that it is necessary to challenge the Ordinances involved. -24- L • Jr4)1 tzll Le) Z17 : -. y o0 du o MINUTES CITY OF NEWPORT BEAf�`uary 21. 1993 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made and voted on to approve Use Permit No. 3479 Motion All Ayes subject to the findings and conditions in Exhibit "A ". MOTION. CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.63 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is . justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. That adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. .25- L COAUMSSIONERS 11, 0 mONRO'�%QRN4\6 MINUTES CITY OF NEWPORT BEACI nary 21.1993 ROLL CALL INDEX 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground 9. That the Police Department has indicated that there are. not any police problems associated with the subject operation. 10. The approval of Use Permit No. 3479 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m, daily, as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 6. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. -26- COBOUsszONERS " 0 'k #\VmON\1W%\_hO MINUTES CITY OF NEWPORT BEACJYnary 21, 1993 ROLL CALL INDEX 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health,. safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. R R i Use Permit No. 3480 (Public Hearing) Item No. Request to permit the continued operation of an elristing vP3480 Approved independent massage establishment on property located in the Newport Place Planned Community. The proposal also includes a request to waive the location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 1, Tract No. 7770 located at 4255 Martingale Way, on the southwesterly corner of Martingale Way and Corinthian Way, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Karol Anna P. Tran, Newport Beach OWNER: Business Properties Development Company, Irvine Commissioner Pomeroy referred to the staff report statement that ..the Police Department reports that in August, 1992, a technician working in this facility stipulated to a 30 day suspension of license for violation of Chapter 5.50 of the Newport Beach Municipal Code, and he requested the significance of the subject application with -27- I \14100m\' 00101%\\0 MINUTES CITY OF NEWPORT BEACrLan, 21.1993 ROLL CALL INDEX the significance of Use Permit No. 3477, Item No. 6 on the Planning Commission agenda, that was denied by the Commission. Robin Flory, Assistant City Attorney, explained that a report was filed with the Business License Department citing violations of the Municipal Code, and instead of the applicant going to a hearing,. a 30 day suspension was approved. Ms. Flory read into the record the citations that were in violation of the provisions of the Municipal Code. In response to a question posed by Chairman Edwards, Ms. Flory explained that the citations occurred on September 5, 1991, and October 3, 1991. The aforementioned August, 1992, was the date that the applicant stipulated to the 30 day suspension. Commissioner Pomeroy stated that Use Permit No. 3477 was denied because of a conviction and he said that he would not be prepared to try an opinion if he did not have some idea of the significance of the situation inasmuch as it would not be fair to the applicant. Ms. Flory opined that she did not think a denial of the use permit should be based upon the stipulation of . violations that occurred. In response to a question posed by Commissioner Pomeroy, Ms. Flory replied that it was not a personal opinion, but a legal opinion. The public hearing was opened in connection with this item, and Mr. George Grove, 7095 Hollywood Boulevard, Suite 773, Hollywood, attorney for the applicant, appeared before the Planning Commission. He indicated that the applicant has operated the subject facility since December, 1992, and she was not notified and is not aware of the foregoing incident; however, it would appear to be a minor violation of the City Ordinance. In response to a question posed by Chairman Edwards, Mr. Grove indicated that the violation occurred before the applicant occupied the premises. In reference to Condition No. 6, Exhibit "A" in the staff report, stating that the applicant shall submit drawings and obtain all required permits, Mr. Grove explained that the applicant has not engaged in any construction activities at the subject location; however, he concurred with the findings and conditions in Exhibit W. He stated that there may be some constitutional challenges with respect to the substances and procedural problems that he perceives in the Ordinances as they relate to the subject -28- COMMISSIONERS 00 MINUTES CITY OF NEWPORT BEACJNary 21, 1993 ROLL CALL INDEX type of business. His client will not waive her right with respect to those challenges if it becomes necessary. In response to questions posed by Commissioner Merrill, Mr. Grove replied that the applicant is the same applicant as listed on Use Permit No. 3477, Item No. 6 on the Planning Commission agenda; the applicant's acquisition of the property at 2009 Quail Street was December, 1987; she manages both of the establishments; and Mr. Grove provided the names of the individuals who manage the establishment when the applicant is at the other facility. Commissioner Gifford addressed the fact that the use permit runs with the land, and she asked if because there was no use permit previously, that there would not be a succession of knowledge between property owners. In reference to the subject application, Ms. Flory replied that she did not know there had been a change . in owners or operators, and that would not be a basis for her prior opinion. Commissioner Gifford and Ms. Flory discussed the feasibility of providing the current owner of previous convictions by previous operators. In response to a question posed by Commissioner Gifford, Mr. Grove explained that the employee that was convicted at 2009 Quail Street is not employed at the subject facility. In response to a question posed by Commissioner Glover, Mr. Grove stated that he represents several massage establishments throughout the State, and he has been in practice for approximately 24 years. He could not answer her question of why so many massage establishments are in close proximity to the John Wayne Airport area. Mr. Grove expressed his support that the City provide notification to a new owner of prior conduct of previous operators. There being no others desiring to appear and be heard, the public hearing was closed at this time. -29- 1P1Wk*WA\\N-0 MINUTES CITY OF NEWPORT BEA(;Aary 21.1993 ROLL CALL WDEX Commissioner DiSano stated that in light of the legal opinion of Motion the Assistant City Attorney, motion was made and voted on to All Ayes approve Use Permit No. 3480 subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50. and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. Adequate off- street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7 That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. -30- Fr COMMSSIONERs MINUTES CITY OF NEWPORT BEACJR,. 21,1993 ROLL CALL DMEX 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3480 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. i2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of the Newport Place Planned Community District Regulations. 5. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 6. That the applicant shall submit drawings and obtain all required building, plumbing and electrical permits for existing tenant improvements. 7. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. -31- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH #umy 21, 1993 I ROLL CALL INDEX 8. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health,, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. Use Permit No. 3476 (Public Hearing) Item No.9 Request to permit the continued operation of an existing UP3476 independent massage establishment on property located in the M- 1 -A District. The proposal also includes a request to waive the location requirement which requires that independent massage coast ' d to 2/4/93 establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 4, Tract No. 5169, located at 4301 Birch Street, on the northwesterly side of Birch Street, between Dove Street and MacArthur Boulevard, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: Candice H. Nguyen, Newport Beach OWNER: Donald Lewis, Newport Beach James Hewicker, Planning Director, stated that the applicant has requested that the subject use permit be continued to the February 4, 1993, Planning Commission meeting to allow the City Attorney's Office additional time to review and comment on the application. -32- 4 4 COMMISSIONERS o\�o MINUTES CITY OF NEWPORT BEACTOnay 21, 1993 ROLL CALL MEX Motion All Ayes Motion was made and voted on to continue Use Permit No. 3476 to the February 4, 1993, Planning Commission meeting. MOTION CARRIED. Use Permit No. 3478 (Public Hearing) item No.lo Request to permit the continued operation of an existing UP3479 independent massage establishment on property located in the M- 1 -A District. The proposal also includes a request to waive the location requirement which requires that independent massage Cont'd to establishments be at least 500 feet from another independent 2/4/93 massage establishment. LOCATION: Lot 24, Tract No. 3201, located at 4222 Campus Drive, on the southeasterly side of Campus Drive between Dove Street and MacArthur Boulevard, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Myong Cha Drake, Newport Beach OWNER: Donald R. Lawrenz, Newport Beach James Hewicker, Planning Director, requested that the subject use permit be continued to the February 4, 1993, Planning Commission meeting to allow the City Attorney's Office additional time to review and comment on the application. Motion Motion was made and voted on to continue Use Permit No. 3478 All Ayes to the February 4,1993, Planning Commission meeting. MOTION CARRIED. -33- 4 MINUTES CITY OF NEWPORT BEACJHuary 21.1993 ROLL CALL INDEX Discussion Items: Modification No. 3928 D -1 Request to review proposed changes to the approved landscape Mod 3928 plan in conjunction with an approved retaining wall and glass windscreen, on 12 contiguous lots located in Cameo Highlands. Cont ' d to 2/9/93 LOCATION: Lots 2 through 13, Tract No. 3519, located at 4709 -4839 Cortland Drive, on the southerly side of Cortland Drive, easterly of Cameo Highlands Drive, in Cameo Highlands. ZONE: R -1 -B APPLICANT: Cortland Noisewall Trust, Corona del Mar OWNERS: Various propertyownersinCameoHighlands James Hewicker, Planning Director, requested that the subject item be continued to the February 4, 1993, Planning Commission meeting. Motion Motion was made and voted on to continue Modification No. 3928 All Ayes to the February 4,1993, Planning Commission meeting. MOTION CARRIED. Use Permit No. 1502 (Amended) n -z Request to review the deletion of Condition No. 16 of a previously UP1502 (A) approved use permit that permitted changes to the operational characteristics of Lucks Bayside Bar and Grill Restaurant so as to Amended include six pool tables within the existing "net public area" of the UP as facility; the establishment of a second dance area with separate requested disc jockey; the establishment of an outdoor patio dining area; and to allow expanded hours of operation to include a 6:00 a.m. opening time for breakfast. Said condition requires the removal -34- MINUTES CITY OF NEWPORT BEACrJJ,an, 21 1001 ROLL CALL INDEX of the unused portion of the driveway apron adjacent to Bayside Drive and its replacement with curb, gutter and sidewalk,, LOCATION: A portion of Block 54, Irvine's Subdivision,located at 353 East Coast. Highway, on the southwesterly side of East Coast Highway, between Bayside Drive and Jamboree Road, across from the De Ann Bayside. Village Mobile Home Park. ZONE: RSC APPLICANT: Lucy Luhan, Newport Beach OWNERS: Dr. and Mrs. Jorge Luhan, Newport Beach " Motion w) made and voted on to amend Use Permit No. 1502 Ayes Amended and that Condition No. 16 be waived. MOTION CARRIED. ADDITIONAL BUSINESS: Addl 1 Business Planning Director Hewicker discussed with the Commission We Planners Institute that will be held in Monterey, March 10 - 12, Planners 1993. rnstitut s:s Adjourn ADJOURNMENT: 9:00 p.m. HARRY MERRILI., SECRETARY CTTY OF NEWPORT BEACH PLANNING COMMISSION • -35-