HomeMy WebLinkAbout2817 NEWPORT BLVD - OCEAN SPAOCEAN SPA EXT
- eOMMISSIONERS i� MINUTES
v
CITY OF NEWPORT BEA(Fftruary 4, 1993`
ROLL CALL
INDEX
12. sage establishment which operates as a front for
prostitution at'this-1 ation is detrimental to the health,
safety, peace, comfort a neral welfare of the
community.
:ss
Extension of the One Year Amortization Period for an Existine
Item No.4
Independent Massage Establishment (Discussion)
Extension
Request to consider a one year extension of the amortization
of 1 Yr.
period required for an existing independent massage establishment
Ind.Mass.
as set forth in Section 20.68.030 of the Newport Beach Municipal
Est.
Code.
Approved
LOCATION: Lot 15, Block 227, Section A, Newport
Beach, located at 2817 Newport Boulevard,
on the Newport Boulevard commercial
island, between 28th Street and 30th Street,
in the Cannery Village/McFadden Square
Specific Plan area.
ZONE: SP-6
APPLICANT: Marie Nguyen, Newport Beach
OWNER: Same as applicant
Chairman Edwards addressed the supplementalstaff report
containing findings for denial marked Exhibit "B" that was
distributed to the Planning Commission prior to the discussion on
this matter.
The discussion was opened in connection with this item, and Ms.
Nicki Caldwell appeared before the Planning Commission on
behalf of the applicant. Ms. Caldwell informed the Commission
of the applicant's investment of $155,000. in the establishment and
the real property during the past 2-1/2 years. Ms. Caldwell
concurred with the findings and conditions in Exhibit "A", and she
-32-
,_ , COMMISSIONERS 9 0
MINUTES
'$ Glo f�c�,dp�dis
CITY OF NEWPORT BEAGP]ftr"ary 4, 1993
ROLL CALL
INDEX
acknowledged Condition No. 1 stating that the subject massage
establishment shall be terminated on the site prior to March 25,
1994.
Sgt. Doug Thomas appeared before the Planning Commission at
the request of Commissioner Pomeroy. In response to questions
posed by Commissioner Pomeroy, Sgt. Thomas explained that the
Police Department has not reentered the facility to conduct any
undercover prostitution investigation by virtue of time constraints
and personnel constraints. Sgt. Thomas further replied that there
are suspicions that the operation has not changed since the time
of the arrests as indicated in the staff report.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Commissioner Glover made a motion to approve an extension of
Motion
*
the one year amortization period for an existing independent
massage establishment according to the findings and conditions in
Exhibit "A".
Commissioner Gifford asked if the motion would be approved if
there would be a method to regulate the business during the
extended period other than revocation of individual permits. Ms.
Flory replied to the affirmative. She said that the operator has
been given notice that an act of prostitution occurred on the
premises. The technician is no longer an employee of the facility
and the City Attorney's Office has received notice that the permit
was returned. If there is any further undercover activity and there
is a problem, then revocation would be possible of the operator's
permit. Ms. Flory indicated that if the operator sold the business
to another party that the new party would be subject to the one
year extension. In response to a question posed by Commissioner
Gifford with respect to adding a condition that would give the
Commission the ability to review the use permit to terminate the
extension, Ms. Flory explained that if the Commission granted the
amortization; the operator would be able to operate for an
additional year subject to revocation of the operator's permit in
the event of a further violation. Commissioner Gifford stated that
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00A DUSSIONERS
MINUTES
CITY OF NEWPORT BEA 'ary 4, 1993
ROLL CALL
INDEX
she would not support the motion on the basis that if the permit
would be transferred the business could remain.
Chairman Edwards suggested adding a condition stating that if
there were any additional vice activities discovered on the
premises, that the Commission would have the right to
immediately recall the item so as to review the approval of the use
permit. He indicated that he would support the motion if the
foregoing condition would be added, and Commissioner Gifford
confirmed her approval of the added condition to the motion.
Ms. Flory suggested that the foregoing suggested condition be
amended to include "any violation of Chapter 5.50 or State Law".
Chairman Edwards concurred with the recommendation.
Commissioner Pomeroy expressed his concern with respect to
violation of the law and getting caught violating the law whereby
he referred to Sgt. Thomas' aforementioned comments that the
Police Department has not been at the subject facility since the
last incident occurred, and unless they begin extensive undercover
activity, the added condition would accomplish absolutely nothing.
Commissioner DiSano stated that the added condition would be
a vehicle should the officers have an opportunity or the suspicion
to enter the establishment and it would give the City the ability to
act. If the Commission would be benevolent now and attempt to
provide for amortization for one year, but put with it a vehicle to
do something, there is nothing wrong with. that. Commissioner
Pomeroy stated that the amendment is appropriate; however, it
may not accomplish anything.
Motion was voted on to approve an extension of the one year
Ayes
*
*
*
amortization period for an existing independent massage
No
*
establishment located at 2817 Newport Boulevard. MOTION
CARRIED.
-34-
COPM41SSIONERS , .
MINUTES
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\10 ltliO tM101bi
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CITY OF NEWPORT BEA45kruary 4, 1993
ROLL CALL
INDEX
Findines:
1. That the subject independent massage establishment
involves a substantial financial investment in real property
and improvements.
2. That the granting of a one year extension of the
amortization period for the subject massage establishment
is reasonably necessary in order to permit the owner of the
facility to amortize or otherwise recover their long term
investment in the facility.
Conditions:
1. That the subject massage establishment shall be terminated
on the site prior to March 25, 1994.
2. That if there are any additional violations of Chapter 5.50
or acts of prostitution on the premises, the Commission will
have the right to recall the item immediately so as to
review the approval of the extension.
ss:
e Permit No 3475 ( Continued Public Hearing)
Reques to permit the continued operation of an existing
independen assage establishment on property located in the M-
1-A District. proposal also includes a request to waive the
location requireme which requires that independent massage
establishments be at le 500 feet from another independent
massage establishment.
LOCATION: Lot 47, Tract No. 201, located at 4001 Birch
Street, on the nort esterly side of Birch
Street, between Dove reet and Quail
Street, across from the wport Place
Planned Community.
-35-
item No.5
UP3475
Cont ' d
to 3/4/93
• Planning Commissioneeting February 4. 1993
Addendum to Agenda Item No.
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Extension of the One Year Amortization of an
Independent Massage Establishment
Request to consider a one year extension of the amortization period
required for independent massage establishment as set forth in Section
20.68.030 of the Newport Beach Municipal Code.
LOCATION: Lot 15, Block 227, Section A, Newport Beach, located at 2817 Newport
Boulevard commercial island, between 28th Street and 30th Street, in
the Cannery Village/McFadden Square Specific Plan area.
ZONE: SP-6
APPLICANT: Marie Nguyen, Newport Beach
OWNER: Same as applicant
Attached you will find a list of suggested findings for denial marked Exhibit "B" which
should be added to the related staff report which was included in the Planning Commission's
agenda packet.
PLANNING DEPARTMENT
JAMES D. HEWICKER, D�' ctor
W. William Ward
Senior Planner
Attachments: Exhibit 'B"
EXHIBIT "B"
FINDINGS FOR DENIAL OF REQUEST FOR AMORTIZATION
FOR: Massage Establishment at 2817 Newport Blvd.
1. On October 8, 1991, a technician working at the establishment
was arrested for prostitution and on October 18, 1991, the
same technician employed by the business was again arrested
for prostitution. The technician plead guilty to both
charges.
2. The acts of prostitution are a violation of law and indicate
that the business was not operating in compliance with the law
in October, 1991. The current operator of the business was
also the operator in October, 1991.
3. The massage establishment is not operating in compliance with
the law.
4. The extension of the amortization period for one additional
year will be contrary to the public interest and injurious to
nearby properties inasmuch as acts of prostitution have
occurred at the location and the requirements for massage
establishments have not been observed.
0
SEPTEMBER 111992
NEWPORT BEACH,CA.
TOt NEWPORT BEACH PLANNING COMMISSION.
FROMi .MARIE NGUYEN.
OWNER. OCEAN SPA,
2817 NEWPORT BLVD..
NEWPORT BEACH,CA. 92663
SUBJs AMORTIZATION EXTENSION REQUEST.
DEAR CHAIRMAN OF NEWPORT BEACH PLANNING COMMISSION.
I AM THE OWNER OF THE OCEAN SPA. LOCATED AT 2817
NEWPORT BLVD.. NEWPORT BEACH,CA. I WOULD LIKE TO APPLY
FOR AN EXTENSION OF THE ONE YEAR PERIOD OF OPERATION
THAT WAS ESTABLISHED BY THE 3/25/1992(ORD. 92-2)
NEWPBT BEACH CITY ORDINANCE.
1, I OWN THE PROPERTY LOCATED AT THE ABOVE ADDRESS.
IT IS VALUED AT ABOUT $3859000. I HAD INVESTED A LARGE
AMOUNT OF MONEY TO BUILD AND ESTABLISH THIS BUSINESS IN
NEWPORT BEACH. IN MARCH. 1992. AFTER TWO YEARS IN BU—
SINESS, I WAS TOLD THAT MY BUSINESS WAS NOT ALLOWED TO
OPERATE, NOT BECAUSE OF ANY PROBLEMS. BUT BECAUSE IT
WAS LOCATED WHERE IT IS'. AT THE TIME IT WAS ESTABLISHED, 10
THE LOCATION WAS NOT QUESTIONED, AND WAS PERMITTED.
AFTER BUYING THE PROPERTY, I INVESTED ANOTHER $50,000.
IN IMPROVEMENTS TO CONFORM TO THE HEALTH AND SAFETY CODES
AND BUILDING CODES IN THE COUNTY OF ORANGE9, AND'THE.CITY
OF NEWPORT BEACH.
THERE FORE I AM APPLYING FOR RELIEF FOR ONE MORE
ADDITIONAL YEAR BEGINNING 3/25/1993 TO 3/25/19940
THANK YOU VERY MUCH FOR YOUR CONSIDERATDN.
t-aANNING &4Ht'ARiw,r.'..
"TY OF NEWPORT BERC"
AM SEP 0 " 1992 PP,t
7,8,9j10111j12jlj2j'.j r-'f
AMAR6Ie
E NGUYE�
• Planning Commissio*eeting February 4. 1993
Agenda Item No. 4
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Extension of the One Year Amortization Period for an Existine
Independent Massage Establishment
Request to consider a one year extension of the amortization period
required for an existing independent massage establishment as set forth
in Section 20.68.030 of the Newport Beach Municipal Code.
LOCATION: Lot 15, Block 227, Section A, Newport Beach, located at 2817 Newport
Boulevard commercial island, between 28th Street and 30th Street, in
the Cannery Village/McFadden Square Specific Plan area.
ZONE: SP-6
APPLICANT: Marie Nguyen, Newport Beach
OWNER: Same as applicant
Aoolication
This item involves a request to consider a one year extension of the amortization period
required for independent massage establishment as set forth in Section 20.68.030 of the
Newport Beach Municipal Code.
Subject Property and Surrounding Land Uses
The subject property is currently developed with the Ocean Spa massage establishment. To
the north, is an architect's office; to the east, across Newport Boulevard (northbound) and
to the south, are mixed commercial uses; and to the west, across Newport Boulevard
(southbound) is a Municipal parking lot and residential uses beyond.
Background
On March 25, 1992, the City's Massage Establishment Ordinance went into effect. Said
Ordinance instituted provisions within Title 20 of the Municipal Code (Zoning Code) for
the establishment of massage facilities within the City of Newport Beach. Said provisions
are set forth in Chapter 20.68 of the Municipal Code and summarized below:
TO: Plafing Commission - 2. •
Massage establishments which are operated as an ancillary use in conjunction with
an approved health club, athletic club, gym, or hotel which is or will be operated
pursuant to an approved 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. All other massage facilities are considered as
independent massage establishments and are subject to the following:
1. Independent massage establishments shall be permitted in the C-O,
C-11 C-2 and M-1-A Districts, the RSC and RMC Districts, commercial
areas of P-C DIstricts and commercial areas of the SP-4 (Newport
Shores Specific Plan) and SP-5 (Mariner's Mile Specific Plan) Districts,
subject to the securing of a use permit in each case.'
2. Independent massage establishments shall not be permitted within 500
feet of any public or private school, park or playground, civic cultural
site or church site; or within 500 feet of any other massage
establishment unless otherwise waived by the Planning Commission.
3. Existing independent massage establishments which are not in
compliance with the provisions of this Ordinance shall, within one year
after the effective date of the Ordinance, terminate all aspects of such
business not in compliance with these provisions, unless said use is
otherwise extended by the Planning Commission for one additional
year.
As indicated above, independent massage establishments are no longer a permitted use in
the Cannery Village/McFadden Square Specific Plan. Therefore, the subject massage
establishment is required to terminate within one year of the effective date of the Ordinance
(March 25,1992). However, the Planning Commission may grant an extension of up to one
additional year if the business is otherwise 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 and 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 one year
from the effective date of the ordinance, or
C. Other factors establishing the nature of the business are such that the
business cannot be easily relocated.
' It should be noted that the Cannery Village/McFadden Square Specific Plan is not
included in the Zoning Districts that permit independent massage establishments.
TO: Planiimg Commission - 3. 0
Analysis
As indicated in the attached letter from the applicant, she purchased the subject property
in 1989. At that time, she made $50,000 worth of improvements to the building which were
associated with the establishment of her massage business which she has operated from the
site for approximately 2 1/2 years. Although the applicant has not submitted any specific
information to substantiate the cost of improving the building, staff has attached a copy of
the Building Department plans which' were approved on January 17, 1989 and which show
a substantial amount of interior alterations to the building which were approved by the City
and completed by the applicant in 1989.
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 for operation of massage
establishments. On March 23, 1992, the City Council adopted revisions to Chapter 5.50,
"Massage Establishments" of the Municipal Code which became effective on April 22, 1992.
In conjunction with its review of the subject application, the Police Department has
identified that one technician was arrested for violation of Penal Code 647(b), (Prostitution),
for acts occurring on October 8, 1991 and October 18, 1991. The technician pleaded guilty
to both charges.
,Specific Findings
Although staff would agree that the applicant has made a substantial financial investment
in the subject property, the granting of an extension of the amortization period also requires
that the massage establishment otherwise be in compliance with all other applicable laws.
Therefore, the operational history of compliance for the facility should also be considered
in conjunction with the determination of reasonableness and necessity for the extension the
amortization period. Should the Planning Commission wish to approve a one year extension
of the amortization period, the findings and condition set forth in the attached Exhibit "A"
are suggested. Staff is also preparing an Exhibit 'B" which includes findings for denial of
the subject request. Said Exhibit'B" will be provided to the Planning Commission prior to
the public hearing.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
B . i11V i� Ward �� �
Senior Planner
Attachments: Exhibit "A"
Vicinity Map
Letter from Applicant
Floor Plan
TO: Plaiting Commission - 4. 0
EXHIBIT "A"
FINDINGS AND CONDITION OF APPROVAL FOR A ONE YEAR EXTENSION
OF THE AMORTIZATION PERIOD FOR THE MASSAGE ESTABLISHMENT
KNOWN AS OCEAN SPA, LOCATED AT 2817 NEWPORT BOULEVARD
1. That the subject independent massage establishment involves a substantial financial
investment in real property and improvements.
2. That the granting of a one year extension of the amortization period for the subject
massage establishment is reasonably necessary in order to permit the owner of the
facility to amortize or otherwise recover the long term investment in the facility.
1. That the subject massage establishment shall be terminated on the site prior to
March 25, 1994.
0
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MANUFACTURING ORD. NO. 036
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0
SEPTEMBER 1,1992
NEWPORT BEACH,CA.
TOt NEWPORT BEACH PLANNING COMMISSIONS
FROMo MARIE NGUYEN,
ONMERo OCEAN SPA l
2817 NEWPORT BLVD,
NEWPORT BEACH.CA. 42663
SUBJt AMORTIZATION EXTENSION REQUEST.
DEAR CHAIRMAN OF NEWPORT BEACH PLANNING OOMMISSIONe
I AM THE OWNER OF THE OCEAN SPA, LOCATED AT 2817
NEWPORT BLVD.t NEWPORT BEACH90A, I WOULD LIKE TO APPLY
FOR A THE ONE
THE 3//25/ 992(ORD, 92ERATION
NEWPBT BEACH CITY ORDINANCE.
1. I OWN THE PROPERTY LOCATED AT THE ABOVE ADDRESS.
IT IS VALUED AT ABOUT $385,000. I HAD INVESTED A LARGE
AMOUNT OF MONEY TO BUILD AND ESTABLISH THIS BUSINESS IN
NEWPORT BEACH. IN MARCH. 1992► AFTER TWO YEARS IN BU—
SINESS, I WAS TOLD THAT MY BUSINESS WAS NOT ALLOWED TO
OPERATES NOT BECAUSE OF ANY PROBLEMSe BUT BECAUSE IT
WAS LOCATED WHERE IT IS. AT THE TIME IT WAS ESTABLISHED, 10
THE LOCATION WAS NOT QUESTIONEDs AND WAS PERMITTED.
AFTER BUYING THE PROPERTY, I INVESTED ANOTHER $509000,
IN IMPROVEMENTS TO CONFORM TO THE HEALTH AND SAFETY CODES
AND BUILDING CODES IN THE COUNTY OF ORANGE, AND -THE CITY
OF NEWPORT BEACH.
THERE FORE I AM APPLYING FOR RELIEF FOR ONE MORE
ADDITIONAL YEAR BEGINNING 3/25/1993 TO 3/25/1994•
THANK YOU VERY MUCH FOR YOUR CONSIDERATDN.
AMARIE NGU�
TY OF NElUPOR i 3r: "
AM
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11
SEPTEMBER 191992
NEWPORT BEACH,CA.
TOs NEWPORT BEACH PLANNING COMMISSION,
FROMs MARIE NGUYEN,
ONNER, OCEAN SPA,
2817 NEWPORT BLVD.,
NEWPORT BEACH,CA. 92663
SUBJs AMORTIZATION EXTENSION REQUEST.
DEAR CHAIRMAN OF NEWPORT BEACH PLANNING COMMISSION,
I AM THE OWNER OF THE OCEAN SPA, LOCATED AT 2817
NEWPORT BLVD., NEWPORT BEACH,CA. I WOULD LIKE TO APPLY
FOR AN EXTENSION OF THE ONE YEAR PERIOD OF OPERATION
THAT WAS ESTABLISHED BY THE 3/25/1992(ORD, 92-2)
NEWPBT BEACH CITY ORDINANCE.
1. I OWN THE PROPERTY LOCATED AT THE ABOVE ADDRESS.
IT IS VALUED AT ABOUT $385,000. I HAD INVESTED A LARGE
AMOUNT OF MONEY TO BUILD AND ESTABLISH THIS BUSINESS IN
NEWPORT BEACH. IN MARCH, 1992. AFTER TWO YEARS IN BU—
SINESS, I WAS TOLD THAT MY BUSINESS WAS NOT ALLOWED TO
OPERATE, NOT BECAUSE OF ANY PROBLEMS, BUT BECAUSE IT
WAS LOCATED WHERE IT IS. AT THE TIME IT WAS ESTABLISHED, 10
THE LOCATION WAS NOT QUESTIONED, AND WAS PERMITTED.
AFTER BUYING THE PROPERTY, I INVESTED ANOTHER $500600.
IN IMPROVEMENTS TO CONFORM TO THE HEALTH AND SAFETY CODES
AND BUILDING CODES IN THE COUNTY OF ORANGE, AND -THE •.CITY
OF NEWPORT BEACH.
THERE FORE I AM APPLYING FOR RELIEF FOR ONE MORE
ADDITIONAL YEAR BEGINNING 3/25/1993 TO 3/25/19940
THANK YOU VERY MUCH FOR YOUR CONSIDERATDN.
BANNING
"TY OF NEWPORT BEA"
AM SEP 0 :' 1992
MARIF NGUYE�
PLANNING DEPARTMENT (714) 644-3200
January 19, 1993
Ms. Marie Nguyen
Ocean Spa
2817 Newport Boulevard
Newport Beach, Ca 92663
Subject: Time Extension for Existing Massage Facility at 2817 Newport Boulevard.
Dear Ms. Nguyen:
This letter is to inform you that the Newport Beach Planning Commission will be
considering your request for a one year extension of the amortization period which applies
to the subject massage establishment. The Planning Commission's consideration of this
matter will be at their February 4, 1993 meeting, which will be held at 7:30 p.m. at the City
Council Chambers located at 3200 Newport Boulevard. It is requested that you our your
representative be present at this meeting in order to answer any questions the Planning
Commission may have. The Planning Department staff will be preparing a report to the
Planning Commission concerning this matter which you may pick-up at the Planning
Department Office on Monday, February 1, 1993.
Should you have any questions concerning this matter, or if you are unable to attend the
February 4, 1993 Planning Commission meeting, please contact Bill Ward at 644-3200.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
W. William Ward
Senior Planner
CARRON TERRY WALTER
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ORANGE COUNTY
PARCEL
LIST
1991-92
EDITION
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OWNER
ADDRESS / CARE OF
EX-VST
P A R C
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N
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TYPE
SQ.FT.-F
UNITS SITU$
ADDRESS
CITY
ZIP
YEAR
ROOM CT.
DATE
LAND VAL TER VAL
HC/STS
PHONE
PARKING
A P
LOTSIZE
DOCUMENT-X
IMP VAL
FULL VAL-YR
BURY FRANCES A TR
*106 VIA UNDINE
TR
0 4 7 -
1 10
-
0 1
COM
3580
2913
NEWPORT
BLVD NB
*NEWPORT BEACH,CA
SUB OF BLK 227 SEC A
NEWPORT BEACH LOT 25 POR
92663
OF
1955
3,660
6/28/82
82-221531-H
48 970
69,315
118,285-75
GRACE WEDEKIND INTERVIVOS*TRUST N1
NO
0 4 7 -
1 10
-
0 2
COM
1890
2905
NEWPORT
BLVD w
*663 VIA LIDO NORD
*NEWPORT BEACH CA
f5
92663
1947
4,080
12/27/76
120091615
66 602
17,173
84,275-75
SUB OF BLK 227 SEC A
NEWPORT BEACH LOT POR
OF
GRACE WEDEKIND INTERVIVOS*TRUST B1
NO
0 4 7 -
1 10
-
0 3
OFF
1250
2901
NEWPORT
BLVD NB
*663 VIA LIDO NORD
*NEWPORT BEACH CA
f4
92663
1946
1,625
12/27/76
120091615
26 515
19,f31
46,246-75
NEWPORT BEACH SUB OF
BLK 227 SEC A LOT
N�yyYEEN SUNG
ANGUYEN MARIE
JT
-0 4 7 -
1 10
-
0 9
COM
1224 --
- 2817
NEWPORT
BLVD ----NB
*100i1 FOWLER CIR
*WESTMIRSTER CA
92683
- -
-=
1931
2,552
8/15/88
88-401995-6
197,676
105,2204
285 000-F,
302,680-89
NEWPORT BEACH SUB OF
BLK 227 SEC A LOf 15
N/R MARINA PARTNERS
*2800 LAFAYETTE AVE
PT
0 4 7 -
1 1
0 -
12
COM
VAC -LAND
-2-2009
NEWPORT
BLVD NB
+NEEWPORT BEACH CA
EUB
92663
2,915
12/27/90
90-674717-G
219,000
925 000-F
219,666-91
NEWPORT BEACH OF
BLK 227 SEC A LOT 11
NOURMAND STEPHAN S
*904 N WHITTIER
EA
0 4 7 -
1 10
-
18
COM
2220
2611
NEWPORT
BLVD NB
ABEVERLY HILLS,CA
90210
1947
2,255
5/18/88
88-232578-G
143 582
116,413
245 000-F
259,495-89
SUB OF BLK 227 SEC A
NEWPORT BEACH LOT 2 ANP
LOT 3
BARGE RENE
*3012 NEWPORT BLVD
SM
0 4 7 -
1 10
-
19
COM
1708
2605
NEWPORT
BLVD NB
*NEWPORT BEACH CA
92663
1948
1,959
3/19/79
131550835-G
86 918
59,A84
120 000-F
146,M2-80
NEWPORT BEACH SUB OF
BLK 227 SEC A LOT 1
GRACE WEDEKIND INTERVIVOS*TRUST k1
NO
0 4 7 -
1 10
-
2 1
COM
2833
NEWPORT
BLVD NB
*663 VIANORD
7WTLOHA
TfAND
92663
1956
0/8
12/27/76
12009/616
59 116
d
59,809-75
NWORTBA
BLK 2SEC A
LOT
LEWIS THOMAS R
*
WS
0 4 7 -
1 10
-
2 2
COM
2293
2613
NEWPORT
BLVD NB
92661
1962
5/01/91
78 862
665 000-F
ORT BEACH LOT 4 AND
LOTS 5, 6 8 7
7,255
91-209413-R
27,f19
106,681-75
THIRTIETH STREET
*PARTNERSHIP
PT
0 4 7 -
1 10
-
2 4
COM
1990
2819
NEWPORT
BLVD NB
+2821 NEWPORT BLVD
*NEWPORT BEACH CA
92663
1925
10/17/90
292,500
230 000-F
SUB OF BLK 227 SEC A
NEWPORT BEACH LOT 16 FOR
OF
2,437
90-551206-G
187,5+00
480,600-91
THIRTIETH STREET
*ARCHITECTS INC
NO
0 4 7 -
1 10
-
2 5
OFF
1850
2821
NEWPORT
BLVD NB
*2821 NEWPORT BLVD
*NEWPORT BEACH CA
92663
1946
2122188
172 772
5 000-F
SUB OF BLK 227 SEC A
NEWPORT BEACH LOT f7 AND
POR *ED
NONE
2,470
88-076597-Q
71,485
244,657-82
PHILLIPS THERESA V
*2141 PARSONS ST
EA
0 4 7 -
1 10
-
2 8
COM
3806
2825
NEWPORT
BLVD NB
*COSTA MESA CA
SUB OF BLK E27 SEC A
NEWPORT BEACH LOT 18 AND
92626
LOTS
1963
8,565
3/11/86
86-096891-G
93 121
53,688
141„809-75
ALIPURIA
0 4 7 -
1 10
-
2 9
4890-2
BLVDNB
BLVD *NEWPORTA6EACHTCA
92663
1965
7/14/882627
478P0�
247 000-F
SUB OF BLK 227 SEC A
NEWPORT BEACH LOT 6 AND
LOT 9
PAVED
9,632
88-338061-G
497,f19
1,112,151-89
1
N/R MARINA PARTNERS
62800 LAFAYETTE AVE
PT
0 4 7 -
1 10
-
3 2
COM
VAC -LAND
NO SITUS
vNEWPORT BEACH,CA^
92663
1971
12/27/90
871 000
925 000-F
r ef� ��
... e .n en
r
eve
on_A71.7i 7_G
0.71 lino-ot
- REAL ESTATE INFORMATION SERVICES -
ORANGE COUNTY PARCEL LIST
1991-92 EDITION
OWNER ADDRESS / CARE OF EX-VST P A R C E L N 0 . TYPE SQ.FT.-F UNITS SITUS
ZIP YEAR ROOM CT. DATE
HC/5T5 PHONE PARKINA A P LOTSIZE PnrHMFNT-Y
_-- I
1-800-527-9663
L08
DDRESS CITY
AND VAL TFR VAL
MP VAI r,l,. ,.el-Yc
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
PLAN REVIEW REQUEST
_ADVANCE PLANNING DIVISION
_PUBLIC WORKS DEPARTMENT
_TRAFFIC ENGINEER
_FIRE DEPARTMENT
BUILDING DEPARTMENT
__PARKS & RECREATION
2O0CE MPARTM ENT
_MARINE SAFETY
_GRADING
Date: November 2. 1992
X PLANS�ATPAGHED-(PLEASE RETURN)
APPLICATION OF: Marie Nguyen
PLANS ON FILE IN PLANNING DEPT.
FOR: Extension of the One Year Amortization
DESCRIPTION: Request to consider a one year extension of the amortization
period required for independent massage establishment as set
forth in Section 20.68.030 of the Newport Beach Municipal
Code.
LOCATION: 2817 Newport Boulevard
REPORT REQUESTED BY: November 10, 1992
COMMISSION REVIEW: November 19, 1992
COMMENTS: I Gi%i i,J 6)U e,<RW),( IW 5 M0
wwr,J6. le"�r- OjFk-co �T-
(0_j,7, '( Heneo u�JcoyEeim� 91-of?:�_gr
rh5-r1Tkrtau 9(- 01-?Wo
& ru-no-y q r'
1.v1 _i e (Aae-et (d1" baye, Ajb
POR. SEC 28 5 33, T.65, R.IO W
05
Zr-EaKt sPA
2617
04
N V
ti
N
MOF BLK227,SEC.A M. At 4-36
'H /949
06
i =160
N07£ - ASSESSORS StOCKS
PARCEL AtNSSgS
SHOWN /N DES
8OULE✓ARD
ASSESSOR'S MAP
BOOK 47 PAGE I/
COUNTY OF ORANGE
Sinasek, Jim
To: Vice/Intel)/Massage
Cc: Schuller, Ray
Subject: Ocean Spa (2817 Newport Blvd.)
Yes we can start abatement proceedings if Dr. Parent is not on the premises.
It is our understanding, however, that he is on the premises, at least at the present time.
Maybe we should hold any action until such time that Dr. Parent is no longer available.
Thank you,
Jim
Page 1
Sinasek, Jim
To: Vice/Intel)/Massage
Cc: Schuller, Ray
Subject: RE: Ocean Spa (2817 Newport Blvd.)
Let me check with Attorney's office and I'll advise you asap.
Thanks,
Jim
From: Vice/Intel)/Massage
To: SINASEK
Subject: Ocean Spa
Date: Wednesday, December 13, 1995 2:15PM
Ocean Spa is reaing its problematic head again. The chiropractor that is
supposed to be there, Dr. Parent is currently residing, free of charge in Los
Angeles County Jail. He is not scheduled to be out anytime soon. My
question is: Can the Massage Parlor still operate without him being
physically at the location. if not, can you or me start proceedings to abate
the problem. Let me know. Thanks Dave
r
Sinasek, Jim
To: Dave & Gail - Vice
Subject: RE: Ocean Spa
We have just received a letter from Marie Nguyen regarding her interpretation of the use of Dr. Parent and his
services on the premises. We are going to the City Attorney for direction of further action.
I'll let you know outcome.
Jim
From: Dave & Gall - Vice
To: SINASEK
Subject: Ocean Spa
Date: Monday, July 17, 1995 9:12AM
Jim- What is the status of Ocean Spa. Is it supposed to be open or what.
Kaminsky and I went by on Thurs 7/13 and they appeared open.
Thanks, Dave
Page 1
r'
dd�W�i—v tV
>LANNING DEPARTMENT
ITY OF NEWPORT BEACH'
AM JUL 12 1995 t 1995
PMNEWPORTBEACH,CA.
%81911DIU11211121U141516
TOs MR. JIM SINASEK, CODE ENFORCEMENT SUPERVISOR,
FROM MRS. MARIE NGUYEN, OWNER, OCEAN SPA, NEWPORT BEACH.
SUBJs YOUR LETTER OF JUNE 27, 1995•
I WPPRECIATE YOUR CONCERN REGARDING THE OCEAN SPA'S OPERATION
WHICH BY MY AGREEMENT WITH THE CITY, IS ANCILLARY TO A MEDICAL
PRACTITIONER. SINCE THE ARRANGEMENT WAS MADE, MY BUSINESS HAS
ALWAYS BEEN ORGANIZED SO THAT IT IS IN CONFORMITY WITH THE
ABOVE UNDERSTANDING.
IN YOUR LETTER YOU STATE THAT YOUR OFFICE HAS BEEN" INFORMED"
THAT A CHIROPRACTOR IS NOT ON THE PREMISES. I DO NOT KNOW WHO
HAS RE ?ORTED THIS, BUT THIS STATEMENT IS NOT TRUE. I HAVE
HAD TWO DIFFERENT CHIROPRACTORS HAVE THEIR BUSINESSES AT
NEWPORT BLVD., NEWPORT BEACH. AND -THEIR PRESENCE HAS BEEN
CONTINUOUS.
AT THE PRESENT TIME, PAUL PAREN'_,A DOCTOR OF CHIROPRACTIC
IS CONDUCTING HIS BUSINESS THVE. HE HAS BEEN THERE FOR OVER
ONE YEAR, YOUR" I14DEPENDENT REVIEW" WAS POSSIBLY YOUR RECENT
VISIT TO THE OCEAN SPA LOCATION. THAT WAS A VERY SPECIAL DAY,
THE CHIROPRACTIC CLINIC AND THE SPA HAD BEEN TEMPORARILY CLOSED
FOR TWO WEEKS IMMEDIATELY BEFORE YOU CAME BECAUSE THE CITY
ORDERED IT TO BE CLOSED. BY MISTAKE, THE CITY HAD NOT HONORED
THEIR OBLIGATION TO ISSUE AN OPERATORS LICENSE TO ME IN A
TIMELY FASHION, SO THE CITY FORCED ME TO CLOSE. THE DAY YOU
CAME TO MY PLACE OF BUSINESS, WWS THE DAY THAT I HAD FINALLY
RECEIVED MY OPERATORS LICENSE: FROM THE CITY AND I WAS GETTING
IT ORGANIZED TO BE BACK IN BUSINESS. THE CHIROPRACTOR WAS NOT
THERE WHEN YOU CAME, BECAUSE I DID NOT KNOW WHEN I WOULD BE
GETTING MY OPERATORS LICENSE AGAIN, SO I HAD NOT MADE ARRANGEMENTS
WITH 'DR. PARENT TO COME THAT DAY.
MY MASSAGE BUSINESS AND THE CHIROPRACTIC BUSINESS AT 2817 NEWPORT
BLVD., NEWPORT BEACH,CA. IS NOT AN ILLEGAL BUSINESS. DR. PA nNT
IS AVAILABLE DURING EACH BUSINESS DAY WITH POSTED OFFICE -HOURS*
PLEASE CALL 714-967o650 FOR..AN.APPOINTMENT. CURRENT BUSINESS HOURS
ARE MONDAY THROUGH FRIDAY FROM 2P.M, TO 5 P.M. WITH OTHER TIMES
BY APPOINTMENT. ENCLOSED IS DR. PARENTS BUSINESS CARD.
PLEASE VERIFY THE ABOVE STATEMENTS BY VISITING THE LOCATION,
EITHER BY APPOINTMENT OR WHENEVER YOU CAN TO INSPECT AND TALK
WITH ME OR DR. PARENT ABOUT YOUR INTERESTS HERE.
THE OCEAN SPA HAS BEEN AND IS OPERATING IN ACCORDANCE WITH MY
ARRANGEMENT WITH THE CITY AS A LICENSED, ANCILLARY BUSINESS TO
DR. PARENTS CHIROPRACTIC CLINIC.
TRULY YOURS,
MARIE NGUYEN
P. J. Parent, D.C.
2817 Newport Blvd.
Newport Beach, CA 92663
(714) 967-0650
TO: THE CITY OF NEWPORT BEACH
FROM: DR. PAUL PARENT
THIS LETTER IS STATEMENT OF FACT THAT I AM A CHIROPRACTOR IN
THE CITY OF NEWPORT BEACH MONDAY THROUGH FRIDAY AT THE OCEAN SPA
LOCATED AT 2817 NEWPORT BLVD. IN NEWPORT BEACH SEEING MOSTLY
AUTO ACCIDENT CASES.
A CITY EMPLOYEE WROTE A LETTER TO THE OWNER OF THE BUILDING AT
2817 NEWPORT THAT STATES THEY WERE UNABLE TO GET AN APPOINTMENT.
AFTER CALLING THIS INDIVIDUAL: HE ACKNOWLEDGED THAT HE NEVER CALLED
ME TO MAKE AN APPOINTMENT.
THIS LETTER WAS A MISTAKE THAT SLANDERS MYSELF AND MY BUSINESS,
AND IS INAPPROPRIATE.
k�...•._� i'sif
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
AN JUL 10 1995
5�6
SINCERELY,
PAUL PARENT, D.C.
PLANNING DEPARTMENT
MEMO
June 30, 1995
TO: File
FROM: Jim Sinasek, Code Enforcement Supervisor
SUBJECT PROPERTY: 2817 Newport Boulevard, Ocean Spa (Chiropractic)
At approximately 4:00 p.m. on today's date, a conversation ensued with a returned phone call to
Ocean Spa; the phone was answered with no identification When asking for Dr. Parent, the
person answering the phone identified himself as Dr. Parent, and we explained that we were
returning his phone call. At that point, Dr. Parent asked for us to explain our letter of June 27,
1995, at which time we explained that it was necessary for a chiropractor to be on the premises
during the operation of Ocean Spa.
Dr. Parent explained that he acted only as a chiropractor on personal injury problems and that he
only worked by appointment. Upon questioning, he indicated that he did not take patients off -
the -street and he then proceeded to ask whether or not we had visited the location; we informed
him that we had. He then asked whether or not we had picked up one of his cards; we informed
him that we had. He then asked if we had called the number on his card; we informed him that we
had. He then asked if we had left any message, and we informed him that we had not. When
calling the number on Dr. Parent's business card, there is no identification as to whom we may be
leaving a message. The answer phone simply indicates that the phone call will be returned within
48 hours.
Upon further questioning, Dr. Parent advised the undersigned that he only worked by
appointment; that he did not work during the morning hours, and, therefore, Ocean Spa was not
open; further, he insinuated that he did not work during the evenings, since his appointments were
primarily in the afternoons.
Based on this information it is the opinion of the undersigned that Dr. Parent performs his services
at his convenience; that it is not possible to walk in off the street in order to receive any
chiropractic services, and that he is not there during all hours that the Ocean Spa (Chiropractic) is
open for business.
We concluded our conversation indicating that we would discuss this matter with the City
Attornev's Office. He did not respond to that comment, and we ultimately hung -up the phone.
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
PLANNING DEPARTMENT - 644-3200
July 10, 1995
Marie Nguyen
c/o Ocean Spa Chiropractic
2817 Newport Blvd.
Newport Beach, Ca. 92663
Subject Property: 2817 Newport Boulevard (Lot 15, Block 227, Section A, Newport Beach
Tract), Newport Beach, California
Dear Ms. Nguyen:
On June 27, 1995 this office addressed a letter to you indicating that your massage operation can
only operate as an ancillary use to a medical or chiropractic office regulated by state law.
Subsequent to that letter a phone conversion ensued with a Dr. Parent who informed the
undersigned that he was not on the premises during the normal operating hours of your business
and that he operated primarily by appointment. He further indicated that if he were in the office it
would be during the hours of 4:00 to 5:00 in the afternoon and that his chiropractic business was
exclusively for personal injury patients, and that he did not take patients off the street in need of
chiropractic services.
Based on this information and on independent investigation by others it appears that your massage
establishment is operated contrary to the zoning requirement that only permits massage as an
ancillary use to a licensed medical or chiropractic practice.
Therefore, you are again notified to eliminate any further massage operation based upon the
above information. Should you have proof to the contrary please submit that proof in writing in a
timely fashion.
To discuss this letter you should contact Jim Sinasek between 7:30 and 8:30 a.m. or 4:00 and
4:30 p.m. at the above phone number.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
Code Enforcement Supervisor
xc: ice and Intelligence, Newport Beach Police Department
xtension File Ocean Spa Chiropractic
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
PLANNING DEPARTMENT - 644-3200
June 27, 1995
Marie Nguyen
c/o Ocean Spa Chiropractic
2817 Newport Blvd.
Newport Beach, Ca. 92663
Subject Property: 2817 Newport Boulevard (Lot 15, Block 227, Section A, Newport Beach
Tract), Newport Beach, California
Dear Ms. Nguyen:
As you are aware, the operation of your independent massage establishment must be an ancillary
use operated only in conjunction with a medical office or a chiropractic office which is regulated
by state law.
Since this office has been informed that a chiropractor in not on the premises during normal hours
and based on our independent review of this matter which also failed to reveal the existence of a
chiropractor on the premises, you are now notified that your existing independent massage
establishment is an illegal use and must be terminated.
You should be advised that your continued operation will be considered a nuisance and a violation
of municipal law. Your existing use should terminate within fifteen(15) days from the date of this
letter.
If you choose to ignore our request the City will avail all means necessary in order to terminate
your use at the subject property.
To discuss this letter you should contact Jim Sinasek between 7:30 to 8:30 a.m. or 4:00 to 4:30
p.m. at the above phone number.
PLANNING DEPARTMENT
JAMES D. BEWICKER Director
JS:
Enforcement Supervisor
Vice and Intelligence. Newport Beach Police Department
Extension File for Ocean Spa Chiropractic
3300 Newport Boulevard, Newport Beach
�L
�u'�,�//,��.,.
MARCH 16, 1994
NEWPORT BEACH,CA.
TOtFEWPORT BEACH PLANNING DEPARTMENT,
THANK YOU FOR YOUR RECENT LETTER INDICATING THAT
YOU HAD RECEIVED MY PREVIOUS LETTER INDICATING THAT
I HAD ARRANGED A JOINT BUSINESS OF CHIROPRACTIC AND
MASSAGE AT 2817 NEWPORT BLVD., NEWPORT BEACH, IN
ACCORDANCE WITH NEWPORT BEACH ORDINANCE ' CHAPTER20 . 68
-ALL OF THE CONSTRUCTION AND MOVING NOW HAS TAKEN
PLACE AND WE ARE READY TO OPEN FOR OUR JOINT BUSINESS.
ALL LICENSES, PERMITS AND APPROVALS HAVE BEEN OBTAINED
EXCEPT YOURS, PLEASE PROVIDE A WRITTEN CERTIFICATE
OF OCCUPANCY, APPROVING OF THE ABOVE ARRANGEMENTS
THIS SHOULD BE DONE WITHIN A FEW DAYS AS TIME IS OF
THE ESSENSE.
THANK YOU VERY MUCH.
MARIE NGUYEN
INVESTIGATIVE REPORT
ADDRESS,:9 ��p �C'c•� 1
INVESTIGATOR) &h."
DATE �, /— f S`—
CASE CLOSED DATE
COMPLAINANT NOTIFIED DATE
DATE
S`
TIlvIE
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-
_
Dr. Andrew
D.C., Dsc.
POST OFFICE BOX 7684 0
Niquel, CA 9267' 3 (714) 831-1930
PRINCETON PAIN/INJURY
CHIROPRACTIC CENTER
2817 NEWPORT BLVD.
NEWPORT BEACH, CA.
February 11, 1994
City of Newport Beach
3300 Newport Blvd.
Newport Beach, Ca.
Dear Sir:
Effective February 14, 1994, I will be occupying the premises located
at 2817 Newport Blvd. in the City of Newport Beach for the purpose of
conducting a Chiropractic Practice. Over seventy-five per cent of the
Iea§e will be allocated to the Chiropractic Practice and the balance
square footage will be utilized by a licensed massage therapist opera-
ting a health spa.
The City of Newport Beach has issued me a Business License and the fee
has been paid. Looking forward to having a successful relationship
in this fine community. Should there be any additional information
required, please do not hesitate to contact me at above address.
Thank you,
Dr. Andrew Saris, D.C., Dsc.
Nat reO.n,ed .n
ey`u•.N G,ab oar,
•' amY la, nanJ•
n a.•a •,comanr
t
R
Li
ran^t .10 e.tendlag a allow 0/ ID Intones in v1Gin •.Ito ! anthes
In,
•'nna.,• Septa a[ [sae tap- rue clearance IS the tiff .kith ale suit be
s •'n'w,• of 9 Inches Iron the floor and a ainla, of 11 Inches den
Ira" the (rant of the lavatory- (lee above)
faucet controls are to be
than S tar of f'a Operable with one hand and requlre sort
arce to activate. E.aaples of acceptable designs art
loser -Operated and push -type controlled "chani3si.
J-
`• "'•""^'• " w Ideas mformatbn by any officer or
employee of the Crary or Newport Branch loin comtltu e a misdemeanor_
orriiciais cuanled wish eafacuum of this Chwit: ahaa prriodicath• impact
said room be so hawas wmMlarrca wish ilea iK1fon,
16' nwa of Opmdx No Ferman 311111101111810 a mmyr estabBsh-
tneat. a adwi.Stee •wrap he say aaagl esabl'sbmot orsd.is:.er a
massap Dhwaua•t b a oKytemism asaaule per M btlreee f V I rise of
I I:00 PX and 7;00 AJL AB trt ,,M , , sed ekk n " be
excluded Br tbs asawapeamb6tbasa AbxdW Ikon bonds
17. irreaq. No prsea, anocigdo% firm or corporation shall engage
in' conduct or ferry o' ton bud"" of a Maude establishment unless then
1e oas file with the Oat' Osrb. is feR fora and eRect at an thnrs, a document
Issued by as hanuaece eOmptasy wtha@ed toi.. huiness in the Sure Of
Califomu e."Il"A g that ebe prtmata It Wm d under a liability insurance
Policy Drovfdis.l m®hamra cros+W of SS00.000.00 for Wury or death to
one perapas arrsir.g out of the OPanrkin of say mra aeat Axis btishmeasl sod the
admiaisratipn of a s'asufs•
Newport . Prior of ce"OPU is with all Applicable provisions of
the
the Newt Beach Moatdtab pal Code sbe provided. (Ord a5.321 1 (pan).
P[ov(g>6 c;rl'�us�lo(1 Alp, ro W,14.4 F.A.U.
VE:HT W,H'4 p.A.U.TO 0UT-sIDE T$r-l!9az
W.H. 4 f"t owl 15,11plff}4 PLATFo� H F
L
u _
IL@
=N 3a elk
L—-
aRE an" s t
i� HALL
�—�----fir—•---�-- --
;�A- , sZV =G Afz_A
it
CCHFC-9:E -iCC-
loon pads with a maximum width of four (47 fat mwa ec IInch 1hlck
,massaga table and must be covered with durable• wadiabky ad Used other
O° r
vaterproor material. Beds• floor maltrenu. and waterbeds may not be used
is the adminntration of a marye.
10, Unes. Common use Of low )$ a thirns shaft not be permitted.
Towels and hnen must be laundered after each usage. Separate enclosed
abimll shall be provided for the sorale of clue and soslod Islas and
sh
all Plairdy marked -dean linen- and -so" lhm n and flap have door
em
I i' living Prohibited. No person a persons slug be allowed to live
mode the massage establishment at any time. AN hiring quarters shag be
"pants fmm the massage establishment No food of any kind stud be pra-
pared for ale or sold in the nublishment unless sea sppmpri is food vend.
MI Dan, it Is granted by the County of Orarilic
12. Alcoholic B"craln/Dmp. No person shag enter. be. or remain in
any pan of a message establshment Named under this chapter while in
podao W' consuming• ulna' ov under the influence of any akohoik
berenge or dm - The owner, operator• and manager shed be m p u dble for
takW reasonable steps to ensure that to such person shall enter or remain
Upon the message establishment Service of alcoholic beverages gull not be
Permitted.
13. Raoorn;hgs No building a pan thereof used as a mange establish.
meet she" be equipped with any elected mechanical. or anifkW device
used or to be used for recording or fa, onitoring the paro mme, of the
massage or the conversation or other sounds in the massage rooms
NlenrLoYees 94tT1
k �
J �
i [1 Q.
a 304o Flx• - ---
HALL_
v
i1
:�r3 LE
7'-
LJAI-�It-IG �-
11 -to.
certify on the required perm
with the terdatloas in the C
Department. Over of Police
Department my from time t.
Inspection of each m•s w es
that the prevision of this Our
The Haltb Department
Year. make an inspection of c_
psrpoaa of determining that s
of CaBfoenis reed Ordinances c
Orange arc MIL
6. Facit)re, A minimum
And wash bans shall be pmvd-
menL If teak end female Pam
malt, sepuate bathmg. mast_
IOOmia and auras SW be pm,
mid L M� water under pre,
bathrubshowem. and aims&,
provided fa patrons a minim..
provided in each message real,
►I1a11 provide soap Or detetgent .
be bated within a as pectic.
Message sstv)ns A permaneno,
and a single "race towel du;
bandwasb sink. employee handw
be used. A Irish receptacle shall t
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Page 179-1
MASSAGE ESTABLISHMENTS
Chapter 20.68
1
CHAPTER 20.68
MASSAGE ESTABLISHMENTS
_
Sections:
20.68.005 Intent And Purpose.
20.68.010 Definitions.
20.68.020 Massage Establishments As An Accessory Use.
20.68.025 Massage Establishments As An Independent Use.
20.68.030 Amortization.
a
20.68.005 Intent And • Purpose. 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 the community by dispersing the location of
massage establishments, as defined herein, thereby preventing their continued concentration
within certain noncommercial areas of the City of Newport Beach and by establishing
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 legitimate massage services, and to prevent problems of blight and deterioration which
accompany and are brought about by large numbers of massage establishments that may act
as fronts for prostitution and other illegal activity. (Ord. 92-2, March 25, 1992).
"
20.68.010 Definitions. As used in this Chapter, the following terms shall have
the meanings indicated:
A. "Massage Establishment" shall mean any business 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 Newport Beach Municipal
Code.
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B. "Establishment" shall include the opening of such a business as a new
business, the relocation of such business, or the 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 existing business. (Ord. 92-2, March 25, 1992).
20.68.020 Massage Establishments As An Accessory Use.
A massage establishment which is operated as an accessory use in conjunction with an
-, . •:
approved health club, athletic club, gym, or hotel which is or will be operated pursuant to
an approved 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
1•
permitted. For the purpose of this Section, an accessory use shall mean a use which is not
more than twenty-five percent of the floor area of the related health or athletic activities
of the primary use. (Ord. 92-47, December 9, 1992; Ord. 92-2, March 25, 1992).
20.68.025 Massage Establishments As An Independent Use.
A massage establishment which operates as an independent use, shall be permitted in the
C-0, C-1, C-2 Districts, M-1-A District, RMC, RSC District, commercial areas of P-C
Districts and commercial areas of the SP-4 (Newport Shores Specific Plan) and SP-5
(Mariner's Mile Specific Plan) Districts, subject to the securing of a Use Permit in each
`''F
case, and provided further that such establishment conforms to the following:
A. Location Requirements.
Notwithstanding any other provision of the Newport Beach Municipal Code, 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 an public or private school ark orplayground,
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civic center, cultural site or church site; or
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.-... ; - - • - = ''' _; :,r-:'•'•..:' : •: -, <.:': ,�14� amines Faclt shall" ... -
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, _ . : .1 .., - _.:._ .:. -: _. _ _..•_..:._. _ . _ __,a izable and readable that w�11 be' "sled
' .: _. .._. -- ta" .• ... _ x _ _ _ . _-.,..,,L...,.---•• - ca alik oi'cov the " trbris spec3t7ed; ..' endered"oni 'ao members of the same sex ai arty one tune. such persons of• �` rY�► Pq
_ , _ as7 f+nm Boss mm :. .:r, " satiitiry ..and opaque coverings - _ P. -- ermg. Pa Y .
.: I . - - ' enatomica! including the genital_ area and buttocks and -female ;Atha same sex'may be placed ins single: separate room; or -the operators of d}aeer►f 20 the main entrance identifying the premises as a massage estab
areas,
i I t - • - - . breast(s). No common use of such coverings shaD be permitted and i•e-use ii " Ithe massage establishment may elect to place such persons of the same see °; ishmwit; the signs may not use any strobe lights or other flashing lights to l
.-A• •. -' - : hibited unless ad uately cleaned. The genital area of the .patrons shall • separate. enclosed rooms or booths having adequate ventilatiog to, pn area. : lumuute the front.of the business. Each operator shall have :posted, art. a ,
It,-0; `- - I ^ _'. `• ' . .. Pto ante of the massy e. _ .' _ ' : . _ i o t w ' a ices art bet erformed. No lctioiti location upon the premises where the massage operati6ri IS_ to=;' .
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Z.' .__ ii : :.... _- .. -- be covered at all tuna during the perform g utside said'room or b o h hile m ssage sere ng p _ mP,
f - = { a 'marSa establishment' shah' .. (. c conducted, the operator's permit as issued by the thief of Police.
. - E . E - .. 1 S. Records. Every person • operaiting ge dote to a room in which a massage k bring performed shall be to ited _
F ; _ :. .. E _ . '.. s : -• • -'_ . - Ee a record of tire' dates•ano hours" of each treat; or setvlce, name' I - All walls ceilin tloo is showers, bithttibs'- ' . - 3:. i glttirrg Etch operator shall provide in each room where massage -
z . •,. N - , .. D.. �:' Mainienana. gs rsT Poo :
,, } Efr , S E. . and address of the atro name of technician administering such service: � i eh sut£iciertt tin and ventilation that tom lies with the i)nifomt ,
. , „ - P 0. steam rooms, and all other physical facilititx for the massage establishment gtv ! g P
i'' "•'. R }' *= land description of the treatment or service rendered. These records shall be I ust' be in g rap and maintained in a clean and sanitary condition Wet skiing Code. The lj€hting in each massage room shall be at least one (I Y
.t%,..' :.: I Ptafl .S'ecilOn B •% • -
i:. •-=tom.' . twined fora od of twee four (24) months after such treatment or, -
I, ;:. , , �T Pam. tY- d d heat rooms steam -or vapor rooms, or steam or vapor cabinets,- r orty- (40)'.watt, white -irght bulb. No strobe flashing lights shall be used. { ''
_i E 0 " o �rvice. A short medical history form shaII be completed by the operator to shoive�com artments and toilet rooms shall be througlily Cleaned each day o' colored lights shalt be used as a rima t sous nor shall
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i :: V . - determine if the patron has any communicable diseases, areas Para, high' h 'busitess is in o ration. Bathtubs shall be thoroughly cleaned tifte= each'. ' verirtgs be used }arch change the color of the primary tgh so ice :;�++:', ljj • _'
_ : , 4;._ - r%" blood pressure or any physical condition which may be adversely affected t e pe
- - - - ia.t mr. se, All walls. floors and ceilings of each restroom and shower areas shall be . 4.- Equipment. Each operator shall provide and maintain ,, i * , f -.
a= -.., by massage. Said records shall be open io inspection by the health ofilClala
ui meet for disinfectin and sterilizing of instruments used in ma}sastt; :;Fri;'
r,.-- - iossa,.•.!' I onsibrlit of revealing the read:of Commttnkable.,:, malt smooth and easily cleanable. All toots shall tiave an approved Hoot ' �q P g
;:. T" . { E i:. , mu toe charged with the mg Y P sp , rpeting shall be installed in an of these areas S. Inspections The City s Building and,Satery. Fue.Depart�rieAt_ ¢u _ .
,!i ,•.'vT_->: - S E t clearance I Bring. No ea Y ' d.' -
•.' .`_ . .. �; ::::... i- FE WN 8mtn land contagious diseases and to offiicials charged with administering this
-1- ,1 ' r elearanee nos :code The information furnished or secured aS i reailt of ari titch records 9• Massage Table. A massage table shall be provided in each massage , f Police or his or her designee and the Health,Ikpartment. shall Inspext3h .2 ,
?•'- ' sera' M - y om and the massy a shall be erformed on this massy a table. The table remises proposed to bo devoted to the rriassage establishment"anti s}iatfs' "
cl..r C«.t Flow Surlsna min depth g P g - -
. ':? 1 ' r aao should be used only to ensure and cnfose compliance :with this Chapter and ., .,
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ould have i minimum height of eighteen (I S ) inches Two (2 ) inch thick certify on the required germit application, compliance of noncompliance
li bl 1a d shall otherwise remain confidential Any t - F• '-i
.___ .,_:.: .... ....F ..' I . . t tr h E - other app ca a ws an oartt pads um width of four (4') feet may be used on a ith the regulations in this Chapter. The Citys Building and Safety,- ere-
. i______-.j' asz4mm •1 The lavatory must be mounted with a clearance of at least 29 inches unauthorized disclosure or use of such information by any officer o; . f with a maxim
,d, ° err rein. '••'` :' ^ - of New rt Beach shall constitute a misdemeanor. massage table and must be covered with durable, washable plastic or other ' ' parfinent_. Chiet of .isoIice or hs. or her designee and=., Flcalth-'',
trmin. m t . from the floor to the bottom of 'the apron with knee clearance under the employee f the City po
front li extendin a minimum of 30 inches in width with 8. inches Officials c, ed with enforc meat of this Chapter shall periodically'inspcct Waterproof material. Beds floor mattresses, and waterbeds may not be used department may, fibiii time fo time and,.at least twice each yearkrtia3ln
, .... ,
'':_ :,; _.. . , . .; , ;.'.- ;, i D 9 : to the administration of a massage. spcctiop.!Qf each massasge establishment for the purpose of .d ,-_; ,nrttR
.. _ .. ninimum depth at the top. - Toe clearance is the same width and must be said records to insure compliance with thls sectiorL :•r- -' _ - ::„-""'. ti.::.f -; '
. ..,.. .
this Cha ter are.met ' ''. --
:-; . ;`;..., ... h towels or linens shall not be permitted. ,::.....theP P .'. = : t= -.,; :;
•,. •1::-• H:,a .. t:wlfRiaua of 9 inches from the floor and a mininum of 17 ins es deep 16. hours of Operation. No person shall operate a massage establish 10 linen Common use of F m°f.
se.nd.d '` '.. .' r r well and linen must be laundered after each user e. orate encloses.. i .._Tic H_eglth .'Dtpar[meiif_ shall,: from tim.F, to tube and-aj fiwree a
`3 r>' :3! ;.t~sr'':froA' Xh! #Pont of the lavatory. (See abovel tnertt or administer a massage is any massage establishmeat.oradminera o F w
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t th fos thy.
...- __._... •' `" •• 'r:•- cti of each' . establishmen in r
,.. c .. :.. _ . .. . • .. _._,r sled linefl and ear. -make ah. uispe on massage Y , , . ,
• Not required*i !?:r:''_ • "' ,., 7 _ massage pursuant -to an off -premises massage permit between'thehovn of- . eabmets shall be provtded for the storage of clean and ao
, Flexible Shover Sway Hosa ere•• Loner
apartment dwelling.; Faucet controls are to be; operable with one hand and require no more ses of determining that thehealth rovisions of the laws of the Sta26M
' 15ta mm I 71:00 P.M. and 7:00 A.M. All customers, patrons and visitors shall be'"'' . ' hall be plainly marked "clean linen" and soiled linen'' and ehall have do. -, rpo P
tz- unit. .' ; - than. 5- lbf -of_force. to activate..-. Examples _of acceptable designs are - or covers : pf California and Ordinances of the City of Newport. Beach and County of
ions m e excluded from the massage establishment during those hours -p!!,, . t
-.... . c'=sever-operattM,and push-tjpe controlled mechanisms.-.- o hallo a I1. Ilting Prohibited No person o{persons.shaIl be allowed to live'_ i iJidR$C ,."file - <_
j� t • ; .f -rr,:s ,r:. £: 1 17. Imurance. No person, association, £um or corporati n s ngag
,,' t J� _ s . _ 1
<:: ' : , : ' ..• ; . , ` ;�,:, <I.0 _ _ r_ . -�:-.�' __ !- Fatalities A raininium of o { 1)`tub .or shower, ne L'i )
:, _ _
, ._ ;., .. s•npla L...! ittilt4v var 0iotrot I- , . .. ,'., .. t•u' .- _ _ . . - _ ... : on the business of a m establishment utiless there, "msw ;hg, massage esiablis2rraent at' any time - AU livp4 uirLeri' =lu#I b� ` , . ; ::f+c= - - :^ ..
.::0.'. " ' •: ",. r y $64 [arch � ,. ',. �f '. ' - rrt. conduct or carry assaBe .. ,,.. rovided for (he, tstips in every Est - _ r-
.' N07E. BaCklnp ia..+..,. , �
. - „ .' ...., r -.. , : .. of all kialf :.;�- -
- to ect aA. a octiaieist :: '.. C. f triassage'tstabii biecrtt;,:N food. Y ; __
...._ . , . - o tIle w the Ci Cl in fuIi ice and;rff tiara, s l ,,,'_ ; -
: , n. lm tY .. ., e
, . r . - .-_.,r. a ulred• Drab bars .. . _, _� trend-- triik wad tdnale `atrorn:ize to,be tested b thebt£ ..
_. _.. _.. _ _,,-.,_.W._ L _ + 4 + th ct` . fork a sold in the'eshbttslunent unless aio apprbpiiale food If. P Y.
„_ .. _ _1, auibomed 46'4 buifnesil 1n Stile.,
. � are only for hands a : , � ed by`.ffi irtitriartcb tminpany 4
�,,.. s,.<:-_- - - _ s�t - :4 .. .. -"I art -sit sure rooara... dressing, toilet fictlittel,
-i, hathittg, stesin
E , - - fim auce4 `','� it'is rated b ' the County of Oraitg<, - t;:�,ie.. , - _ -.
:r'' '' . a _. .: thati}r_ tttx.isittaued'uadersiinbiiify gm . Y
r , +: E e T .. ,capped twoup rat,._; ,: _:i . - - Calif irniii-evIdencing -- petmi. "!', t .:' '''- • $ot a
F f :... : ' "ft .., 1 AlcohoBc Bevera ru No person''shad enter. be. ormnam art": ms:.sad isungs shall tie provided for male and' female paitroriac, nd
' ... . ! :. 3 • licy providirq minimum coverage of SSDO,000.00_for injury or_death I .
lam
: : - »t ' :. , iR' . , ': Al E;; .-.:;:.: ', i t f the Lion of a massage i tablidutt* ' t and the` 1' put 4, a massage establishmerit'licensed under this -Chapter while is :' 't:' . )d rtiniiitr8 water :under pressure shall .be provided to aD-wadi"barbs.'
�a.t mm „ se Pelson arising Otl o Opera AY - _-
;: - k ,:.: ' osesrori`.of; consuming using, or" under the influence of arty aicohoBc: ? atiitu " atiosvtxs :arid similar equipment. In addition tb the wash_ `barn '
y; : r . r ... :.. t. , x- r+w..hom l3 of a massage.';..,__, s f_. ,. ;. . .
'. :. ': ;:. ; .. • _ y� = a uib of one` l u arate,:waslt Basin be- _
. _. s man shall be able tbtf .. �. patrons., mutrm (a P iba._ . _
•1 _ a Iiaaa ail ' £ncatile 'oi+s of engage OT diu� The owner;: ttis,.and rtger reipon { `
.. • . sA.r. _. .,. .. ...: .... ` , .-I& Co ProQ( CgcurP... _ ._ .. $PP.. _P?o!iu . -, -
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,- n.__... _..•r l w. . --.. 1.� .- , .. F .,r,T-.„ `,'' f-. shaIl' crteiR f `iovided in-mcii Massa estab' enf fosse P. Yam,.. .
,r..: r err . aTCodeshallbe ed O;d'85-32 �'4 3r:r imble steps �o enatire that no sttdi. penoA aritet ail= fie_. 11zhR1
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t ar:xlte toriv lion or other sounds in the massas6 morns .iilied. "sh cePta b P t�?9om> '
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