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Home My WebLink About405A 30TH ST111111111111111111111111111111111111, *NEW FILE* 405=A 30TH ST COMM & LONERS MINUTES CITY OF NEWPORT BEAFe#uary 18, 1993 ROLL CALL INDEX • sss Extension of the One Year Amortization Period for an Existine , Item No. a Independent Massage- Establishment (Discussion) • Extension Request to consider a one year extension of the amortization of Massag, period required for an independent massage establishment as set Est. forth in Section 20.68.030 of the Newport Beach Municipal Code. Approved LOCATION: Lot 3, Block 331, Lancaster's Addition, located at 405-A 30th Street, on the northerly side of 30th Street, between Villa Way and Newport Boulevard, in Cannery Village. ZONE: SP-6 APPLICANT: Haneda Acupressure, Newport Beach OWNER: Robert D. Friedman, Villa Park Mr. Robert J. Davis, Attorney for the applicant, Mr. Edward Rockwood, appeared before the Planning Commission. Mr. Davis referred to the staff report stating that violations of Penal Code 647(b) occurred on October 3, 1991, and October 22, 1991, wherein he explained that Mr. Rockwood was not the owner of the premises at that time. Mr. Rockwood purchased the premises on October 31, 1991, and he was licensed by the Police Department and the Business License Division on January 24,1992. Mr. Davis concurred with the findings and conditions in Exhibit "A". He stated that the waiver of location restrictions addresses the property and it affects the property, the subsequent owners of the property, and it stays with the property, and a liable concern would be the history of the premises. In reference to amortization, the Zoning Code specifically provides that the applicant is the business owner and the business operator and it does not run with the property and it goes to the owner. The applicant qualifies and since Mr. Rockwood was not responsible for the action or had any involvement of the action that has been alluded to, Mr. Davis -22- 1� a 0 181WI+yliy.' CITY OF NEWPORT BEAP.9,a 18 1993 ry ROLL CALL INDEX requested that the extension be granted as requested until March 25, 1994. Commissioner Pomeroy referred to Finding No. 2, Exhibit "B" stating that the current operator of the business was also the. operator in October, 1991, and he requested a clarification of the Finding. Discussion ensued between Mr. Davis, Mr. Hewicker and City Attorney Robert Burnham regarding the Finding, and Mr. Burnham concluded that based upon evidence, the applicant was not the operator when the acts occurred. Commissioner Pomeroy suggested that Finding No. 2, Exhibit 'B" be corrected to reflect that the current operator was not the operator in October, 1991. In response to questions posed by Commissioner Merrill, Mr. Burnham explained that Mr. Davis has distinguished the subject application for an extension of the amortization from a use permit. Mr. Burnham agreed with Mr. Davis that there are not sufficient facts to support a denial of the request. Commissioner Merrill addressed the construction contract that was attached to the staff report. Commissioner Glover requested that Mr. Davis assure her that if the amortization would be approved by the Commission that an act of prostitution would not occur in the next year. Mr. Davis stated that subsequent to when Mr. Rockwood assumed the establishment that there have been no violations, and Mr. Rockwood has assured Mr. Davis that there is no intention to have violations, and Mr. Davis gave his word that there would be no violations as requested in Condition No. 2, Exhibit "A". In response to a question posed by Chairman Edwards, Mr. Davis explained that the applicant intends to move his establishment or cease business prior to March 25, 1994. He assured the Commission that Mr. Rockwood does not intend to challenge the Massage Establishment Ordinance. Motion * Motion was made to approve the Extension of the One Year Amortization Period for an Existing Independent Massage -23- COMMISSIONERS MINUTES CITY OF NEWPORT BEAheeguary 18, 1993 ROLL CALL INDEX Establishment located at 405-A 30th Street, subject to the findings and conditions in Exhibit "A'. Commissioner Glover stated that she would support the motion based on the guarantee that Mr. Davis gave the Commission that. there would not be acts of prostitution on the premises. Ayes * * * * * Motion voted on, MOTION CARRIED. Absent Findings: 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. Conditions: 1. That the subject massage establishment shall be terminated on the site prior to March 25, 1994. 2. That if there are any further violations of Chapter 5.50 of the Municipal Code 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. -24- A Planning Commission `eting February 18. 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 Existing Independent Massage Establishment (Discussion) Request to consider a one year extension of the amortization period required for an independent massage establishment as set forth in Section 20.68.030 of the Newport Beach Municipal Code. LOCATION: Lot 3, Block 331, Lancaster's Addition, located at 405-A 30th Street, on the northerly side of 30th Street, between Villa Way and Newport Boulevard, in Cannery Village. ZONE: SP-6 APPLICANT: Haneda Acupressure, Newport Beach OWNER: Robert D. Friedman, Villa Park Application 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 Prop rM and Surrounding Land Uses The subject property is currently developed with a two story mixed commercial/residential development with offices on the ground floor and a residential unit on the second floor. To the north, across a 14 foot wide alley is a restaurant and offices; to the east is a mixed commercial/residential development with ground floor offices and a second floor residential unit; to the south, across 30th Street, is the Pelican Market; and to the west, is an automobile repair facility. 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: Plannmg 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-1, C-2 and M-1-A Districts, the RSC and RMC Districts, commercial areas of P-C Districts and commercial areas of the SP4 (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 within 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 H. 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: Pla*g Commission - 3. • Analysis As indicated in the attached letter and supporting information from the applicant's attorney, the applicant purchased the subject business on October 31, 1991 for the sum of $35,000.00. Shortly thereafter, the applicant expended approximately $10,200.00 for tenant improvements within the building. The applicant's attorney has attached copies of his client's purchase agreement and construction agreement which substantiates these figures. 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 3, 1991 and October 22, 1991. The technician was found guilty on 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 conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Planning Commission wish to deny this request, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. WICKER, Dir for B I and Senior Planner Attachments: Exhibit "A" Exhibit 'B" Vicinity Map Letter from Applicant's attorney with attachments Site Plan/Floor Plan TO., Plaag Commission - 4. 0 EXHIBIT W FINDINGS AND CONDITIONS OF APPROVAL FOR A ONE YEAR EXTENSION OF THE AMORTIZATION PERIOD FOR THE MASSAGE ESTABLISHMENT KNOWN AS HANEDA ACUPRESSURE, LOCATED AT 405-A 30TH STREET 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 sball be terminated on the site prior to March 25, 1994. 2. That if there are any further violations of Chapter 5.50 of the Municipal Code 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. 0 0 TO: Planning Commission - 5. EXHIBIT "B" FINDINGS FOR DENIAL OF A ONE YEAR EXTENSION OF THE AMORTIZATION PERIOD FOR THE MASSAGE ESTABLISHMENT KNOWN AS HANEDA ACUPRESSURE, LOCATED AT 405-A 30TH STREET 1. On October 22, 1991, a technician working at the establishment was arrested for two counts of solicitation of prostitution, Penal Code 647(b), which occurred on October 3, 1991 and October 22, 1991. The technician was found guilty of 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. 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. iIGINITY MAP F MAP MO. .3 _fee MA •f � —_- r J SP,t S►.t to, Try :+ \ r a till, , VI r• s S► - 4 /. " r Ott '^.+,v �P •`OP�1 N. •1 `fit, �T ^ SP•t SP•t Y " % • � ti �' b�N' �rR 61 e M f P9 T � + ' V • t� N W y it ata m •a '1 a v. � � P-C * •"1„ r lam,, n M1 "' r hQ• h }n� • V \ n [` 'L•J' / ... r) \� Pti ti sr Mr 9� P o R, ` F..1, ` C t 2 F4 , s' c q r< ^ S P ' B � •t \* 10 2y r '4 i 00 C \ i C �? Q••v ,'.Y' �T I. 4L ST. YSMI j! ��I� Rt Is P \ `M \ NE WP OR MJMII fJ41Nl JINlW»{M 1MptJ�1 t.Mt. ' �� Mt AW N,OR on pn!! fNN{»r KI}h! IJl �./•i f� M»4•n-ttl N^'t»•111 1• III »I{ 41e1[ r [t�T• L[MlLilt d{o tcwtAr» i)t { �l \ IY NtIM1 IMI�If IK nfo.fn tpl.'�)fK W) y� Y �t tnli.N�.0..111A M.�1'IW�i.Y�l M 11 • l/-A N AL4 w Ott SL4 [I)w[ r tP11A111L. M<b11tN )Nlt[ OIN t•1.A [•t•i. M•LY, 41 "Sh )I. NI{, thN4•M � ttd MAP M!. NOJIJr Rft4t/av�w'NIHj6w ! t lJ� wNKf .K dayr7M NN 011 NLtyT ROM I•!•Ml IIIHUip N)KM O I S T R i C T I N G MAP a=k,su.,,tAT,t NEWPORT LEACH — CALIFORNIA MI 1.•)I N1TI IIYIUf gt.a,lAllhi M tN» h.• p /rN t•, I It ! !4 I.I Uhi• t— vlrlquNlwNbail en t.»u I R•A AGRICULTURAL RESIOCXTMI. 1 .R MULTIPLE RCSIDENTUL R. :I SIMOLC FAMIL+RE•IDENTIAL CAL LISNi CWNERCIAL R-C DUPLCX RESIOENTIAL OEXMAI COMMERCIAL R-S RLSTh MULTIPLE FAMILY ATSIOENTIAL M-I MAMUrAOTURINt SEAL( •oo IlJ of ET 1 _M Cq/Sow DISTAIOTS U• UNCLAS}IrM:O }""t �i"'•'t ron Yard DJ ih In A tf Shew» Thw ;•13 AMorzTIZAMN EXTENSION Hh4EDk AcJFr<,esSURtEi Sri LA OFFICES Of ROBERT J. DAVIS 23501 Park Sorrento Suite 212 Calabasas, CA 91302 Telephone (818) 591-8300 FAX (816) 591-8320 January 19, 1993 Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA. 92658 Attention: SECRETARY TO PLANNING COMMISSION RE: HA.NEDA ACUPRESSURE 405-A 30th Street Newport Beach, CA.. 92663 3700 Wilshire Blvd. Suite 575 Los Angeles, rA 90010 Telephone (213) 388-2775 FAX (213) 387-3348 Please be advised that this office and specifically the undersigned represent Edward Rockwood and Ui Kyong Rollins owner and/or interest holder in the acupressure business known as Haneda Acupressure at 405-A 30th Street, Newport Beach, California. We have been requested by our client to review Ordinance 92-2 and to undertake the appropriate action on their behalf in order to allow them to continue business operations and to not suffer the extreme financial hardship if the business was required to terminate operations on March 25, 1993. Initially, we do not agree with the validity or constitutionality of Ordinance 92.2 both on its face and as applied herein. It should be noted that the business use predated the enactment of Ordinance 92-2 and according to Jones Y. City of Los Aneeles, 211 CaI.304, 295 P14, any such ordinance should be prospective only. Secondly,the subject business is being treated differently than practically each of the other businesses similar in nature within the City of Newport Beach in that the other businesses are not subject to the amortization provisions solely because when the ordinance was enacted, they happened by chance to be located in a differently zoned area. Thirdly, assuming, arguendo, that the ordinance is valid, 7 Planning Commission City of Newport Beach Attention: SECRETARY TO PLANNING COMMISSION January 19, 1993 Page Two the period of amortization is too short and unreasonable. The ordinance provides for a one year period with an extension of up to one additional year. Said period of time is not reasonable, especially as is the case herein where our client is unable to relocate, will be out sizable sums of money and will be continually obligated upon the lease. Each of the other Cities with amortization periods provide for far different periods. For instance, Long Beach's Ordinance provided for a two year period with an extension of up to three years and likewise Los Angeles' Ordinance provides similar time periods. Nevertheless, our client still, reserving the above objections, seeks an extension pursuant to Ordinance No. 92.2, Chapter 20.68, Section 20.68.030. Our client seeks an extension of one year additional year based upon Subsection A & C and indirectly B. On or about October 311 1991, Edward Rockwood purchased the subject business from its previous owner, Tae Cornish, for the sum of $35,000.00, subject to the issuance of the appropriate license/permit to operate. A copy of the Agreement is attached. Thereafter, Mr. Rockwood received the appropriate business license/permit to operate the business, to expire on or about October 31, 1993. At or about the same time, our client expended approximately $10,200.00 for improvements to the business. A copy of the Contract is enclosed. Additionally, our client assumed the lease upon the premises, dated July 29, 19911 commencing August 1, 1991, for a period of three years at a monthly rental of $1,350.00, subject to annual C.P.I. increases. Since acquisition, our client has not recovered his outlay of monies invested in the business and needs at least the one year extension to lessen financial hardship imposed as a result of Ordinance 92.2, It is obvious that our client would not have purchased the business, assumed the lease and put additional monies into the business knowing the limited life. Although a one year extension does not solve my client's problems, it obviously helps and is urged that it be granted. Planning Commission City of Newport Beach Attention: SECRETARY TO THE PLANNING COMMISSION January 19, 1993 Page Three Furthermore, our client appears to qualify for the requested extension under the "C" section. The business cannot be easily relocated. The first problem in relocation is to find a qualifying site. Each possible site that may be available for my client's business is either not located within the proper zone or runs afoul of the location requirements. To date, a qualifying and available site has not been found. Even if one could, the costs of relocation would be prohibitive. Not only would the business site have to be re -constructed, but a new lease would have to be entered into, with the obligation continuing upon the old lease. Our client just does not have the sums available to relocate. For each of these reasons, it is respectfully urged that the requested extension be granted until March 25, 1994. Very truly yours, ROBERT J. DAVIS Attorney for Edward Rockwood/Ui Kyong Rollins RJD:mf cc: W. William Ward Senior Planner 91 AGP.EE.MENT OF SALE THIS AGREEMENT is made this 31st day of October, 1991, by and between TAE S. CORNISH (hereinafter referred to as seller) and EDWARD R. ROCKWOOD (hereinafter referred to as buyer) . WHERAS Seller is the owner of that acupressare busi-4ess located at 405 30th Street M, Newport Beach, California and; NOW THEREFORE, the parties hereto, in consideration of ` 2 mutua� arsements herein contained and orarises herein exz ressed, and for other good consideratior. acknowledged by each of the- to be satisfactory and adequate, do hereby acres as fc°sc;ss: _. PL'RCL�SE AND SALE. Subject to the to:ms and C---d z_cns set Forth in this Acreement o! Sale and in q= the pa:rent by Buyer =.. _re r=-_e= cc the r.^ie. the Serer shall on the c_csin C?..rr rr__ :.nteres_ in the bts-:ess and rI but. h..hh.. _ 1'w ... ..y .. ♦._+l _.. .. TV nV.... r.�{1.�reu ..VI _ r G ... mil. r�.Vr rY Cu ..N w.�n/ '�� _�r.e.Ir .^..ihM La{rul rur� the Buyer to the seller for the foregoing shall be the sum of THIRTY FIVE THOUSAND DOLLARS (535,000.00)1 payable as follows: a. $5,000.00 upon execution of this agreement; b. $30,000.00 upon receipt of the appropriate license/permit to operate the business for acupressure and or massage. 3. This Agreement is subject to the granting of the requisite license and permit to the Buyer to operate the business as an acuprrssure or massage business. In the event that said permit or license is not granted in favor of the Buyer, this Aare=sent shall '. null and Void and the deposit previously paid shall be returned to the Buyer. q. TAXES. The Buyer shall pay all taxes that may be sue tc the State of caiifornia in connection with the sale of equiD:i.enz and furniture relating to the business, and shall indemnify the seller from any claim that mar be made against the Seller -for such tares. 1 tie .�7 L'_: Er wa'_Ve. _..c _a_ulremenz:_= C_ ..'c :d: _ .c_ c are .... _..c S en= —,:.._rant. ss or s C_Cur_tr i. ___ on G., C= -.•O _ ___.. �_ to be £c__ ...n-__, ..Er CcnrF;eg to `_:_ /O 0 b. The seller represents that all social security, withholding, sales and unemployment issuance taxes to city, state and federal governments will be paid, or provided for, up to the closing date and shall indemnify the Buyer from any claim that may be made against the Buyer for such taxes. c. Buyer warrants and represents that he has inspected and is familiar with the business premises and with the physical condition of all furniture, fixtures and equipment therein, any lease or rental agreement thereon and covenants that he will accept conveyance of such in their present state and condition. 6. CLOSING DATE. The closing date shall be the date Buyer is granted the appropriate license/permit to operate the business for acupressure. 7. BRr,RERAGE. Each party represents and warrants that the_e are no claims for brokerage commissions or tinders' fiein connectior. with the transact_o-s ce..temp_ated '^; t s I,g-ees^ent. Each. o, t:^.e zarties =c^ tc excner_=B - nae * ity and hold harmless the other in resu�t cf jea..___t _= any broiler or finder on the basis of any a c re _-.e:a ,:,_ .- o ff. or on be a l! of such par O. Mv;�1: A:JON. This Acreement C:a=o—_ II9 ZiJG_�__... 0 chanced, disc:.arged or terminated, except by a writing signed by the parties. 9. BENEFIT. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 10. ENTIRE AGREEMENT. This instrument contains the entire agreement between the parties hereto with respect to the transactions contemplated herein. Each of the parties hereto has caused to be included herein all such representations and warranties as it considers material for the purpose of the transactions contemplated hereby based upon investigations which each of them has made of the .^.L`S-nesses and a�=airs o: the ot.;er. The and warrant_es upon which the parties hereto have relied, and shall survive tie closing. IN WITNESS WHEREOF, the parses hereto have caused t-ic Lgree-en-- tc be executed the year and date -:rst above CORN=S i B =S L.c- WA . ...-- .%,. FCMm 101 i P'S'I E CONSTRUCTION CONTRACT This AliEVAENT sbeLwoert �TKqclTr 4 Co, 0."` �'7I�1'� F3��3 s•7- 14Y� F 44�+x'saws trio s Kt-v�A CA 'Cry r",a:tx•eLPI AND L4 t^w• kunn sr' fprm•i�dweu. PROJECT: (Nhy� tAdwtul P4? SUKaM2p) Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a contractor may be Warred to the Registrar of the Board whose address is: Contractors' State License Board, 3132 Bradshaw Road, Sacramento. California 95827. Mailing Address: P.O. Box 26M, Sacramento, California 95826. A. Construction Funds:'L�e name anc adoress of the construction fund holder Is: ry Ih[-KA•r6a+c•[3:•x[a �'ea'n. '.'hwps An+.ca^ti+sr. E[cerr Apen:,ra.N Cax•aOos+e•L:u•�rA••F.n=hrtll•I S. Skscriplton of the work: Contractor w+r tamtsh all lobo: arrr materials to construct aril COmp,ele in a good. workmanlike and substantial manner a 1'�twbt Tnt Ww• Ta 9e pwK L''bt• Ter CwK•iCV kip v 44 �.e ;SV DS (yi` tM< .....0 .. ! hr Rom. L • .. 1— !'.A. t K. a' A.- fherea'tet caNee'Ihe ptojedtl upon lne lollow;ng desznbed property' (1lnMl Le{at L!f_ o:•^/ A'[• s<:t: A::'ti1 f A'ow•. C. PropMyUnea: OwnetShall'a:ateancPoint ourptop*Mlines locontractor Contrac+amat ain:somionppreoa:reownettcoovdeaiunbed la•1C survevo• s me` of ormem D. CaYcren! Qwne• wr C3Y C.::'ir.. T? suT o' c :8 tr•sas io : 011 i 3 ✓� :A . rr v•�— T.me lot COmolfibpP 0' Mark' es'- 3: 7a1s ane' exe:ua?n Or INS ar Qd.Y.Qn; ?ri'^.;•' M.. ^A-v r'•¢ ,^.::+p reaC. Ia. :7 -^len a ndf.: o• al-V. tell! ate• 7:re �- �r �.'r•aar vice t: CJm:nence won, Ca. iraao• s'e. :.. e"CF .+:'� wi!9:6 M1L• baY4 .1e• SJ:r `gi•Cf ar. s^ s :. •nca:e me same w.tv' �i'• wo,anq aays ahat tor.•.: at;Qhent s:b-. t: _: ss ; .e •• z a s =Ps: c�. r• § c 4r_i 7 a+f t F : eM:4 and Conditions: Tne :b.rrF ant i'1E rerb'sE 516E ale e[dressT �t',otoC•airs_ 1.'R^ 11.2 4?""37 .y r .. w•:•1• i •�.'C•'K �w � T• Jrf ram, Cate •D....t• Sijrr 5'N V A Lr1NOFFICES Of ROBERT J. DAVIS 23501 Park Sorrento 3700 Wilshire Blvd. Suite 212 Suite 575 Calabasas, CA 91302 Ins Angeles, CA 90010 Telephone (818) 591-8300 Telephone (213) 388-2775 FAX (818) 591-8320 FAX (213) 387-3348 January 19, 1993 RECEIVED BY PUNNING DEPARTMENT CITY OF NEWPORT BEACH Planning Commission AM JAN 2 11993 N City of Newport Beach 71819111011211A814A6 3300 Newport Boulevard Newport Beach, CA. 92658 Attention: SECRETARY TO PLANNING COMMISSION RE: RANEDA ACUPRESSURE 405-A 30th Street Newport Beach, CA. 92663 Please be advised that this office and specifically the undersigned represent Edward Rockwood and Ui Kyong Rollins owner and/or interest holder in the acupressure business known as Haneda Acupressure at 405-A 30th Street, Newport Beach, California. We have been requested by our client to review Ordinance 92-2 and to undertake the appropriate action on their behalf in order to allow them to continue business operations and to not suffer the extreme financial hardship if the business was required to terminate operations on March 25, 1993. Initially, we do not agree with the validity or constitutionality of Ordinance 92-2 both on its face and as applied herein. It should be noted that the business use predated the enactment of Ordinance 92-2 and according to Jones v. City of Los Aneeles. 211 Cal.304, 295 P14, any such ordinance should be prospective only. Secondly,the subject business is being treated differently than practically each of the other businesses similar in nature within the City of Newport Beach in that the other businesses are not subject to the amortization provisions solely because when the ordinance was enacted, they happened by chance to be located in a differently zoned area. Thirdly, assuming, arguendo, that the ordinance is valid, # I!)A'W TIIOIW,,4 if '�Y►: t %fin 11 Planning Commission City of Newport Beach Attention: SECRETARY TO PLANNING COMMISSION January 19, 1993 Page Two the period of amortization is too short and unreasonable. The ordinance provides for a one year period with an extension of up to one additional year. Said period of time is not reasonable, especially as is the case herein where our client is unable to relocate, will be out sizable sums of money and will be continually obligated upon the lease. Each of the other Cities with amortization periods provide for far different periods. For instance, Long Beach's Ordinance provided for a two year period with an extension of up to three years and likewise Los Angeles' Ordinance provides similar time periods. Nevertheless, our client still, reserving the above objections, seeks an extension pursuant to Ordinance No. 92-2, Chapter 20.68, Section 20.68.030. Our client seeks an extension of one year additional year based upon Subsection A & C and indirectly B. On or about October 31, 1991, Edward Rockwood purchased the subject business from its previous owner, Tae Cornish, for the sum of $35,000.00, subject to the issuance of the appropriate license/permit to operate. A copy of the Agreement is attached. Thereafter, Mr. Rockwood received the appropriate business license/permit to operate the business, to expire on or about October 31, 1993. At or about the same time, our client expended approximately $10,200.00 for improvements to the business. A copy of the Contract is enclosed. Additionally, our client assumed the lease upon the premises, dated July 29, 1991, commencing August 1, 1991, for a period of three years at a monthly rental of $1,350.00, subject to annual C.P.I. increases. Since acquisition, our client has not recovered his outlay of monies invested in the business and needs at least the one year extension to lessen financial hardship imposed as a result of Ordinance 92-2. It is obvious that our client would not have purchased the business, assumed the lease and put additional monies into the business knowing the limited life. Although a one year extension does not solve my client's problems, it obviously helps and is urged that it be granted. 0 E Planning Commission City of Newport Beach Attention: SECRETARY TO THE PLANNING COMMISSION January 19, 1993 Page Three Furthermore, our client appears to qualify for the requested extension under the "C" section. The business cannot be easily relocated. The first problem in relocation is to finda qualifying site. Each possible site that may be available for my client's business is either not located within the proper zone or runs afoul of the location requirements. To date, a qualifying and available site has not been found. Even if one could, the costs of relocation would be prohibitive. Not only would the business site have to be re -constructed, but a new lease would have to be entered into, with the obligation continuing upon the old lease. Our client just does not have the sums available to relocate. For each of these reasons, it is respectfully urged that the requested extension be granted until March 25, 1994. ROBERT I DAVIS Attorney for Edward Rockwood/Ui Kyong Rollins RJD:mf cc: W. William Ward Senior Planner M AGREEMENT OF SALE THIS AGREEMENT is made this 31st day of October, 1991, by and between TAE S. CORNISH (hereinafter referred to as seller) and EDWARD R. ROCKWOOD (hereinafter referred to as buyer). WHEREAS Seller is the owner of that acupressure business located at 405 30th Street #A, Newport Beach, California and; NOW THEREFORE, the parties hereto, in consideration of the mutual agreements herein contained and promises herein expressed, and for other good consideration acknowledged by each of them to be satisfactory and adequate, do hereby agree as follows: 1. PURCHASE AND SALE. Subject to the terms and conditions set forth in this Agreement of Sale and in consideration, of the payment by Buyer to the Seller of the purchase price, the Seller shall on the closinc dale sell to Buyer all his interest in the business and business zronerty Locazed a= 405 30tn Street #A, Newport Beach, California, including, but not limited to, the lease and any leasehold improvements, eauipment and furniture thereon. 2. PURCHASE PRICE. The purchase price to be paid by the Buyer to the Seller for the foregoing shall be the sum of THIRTY FIVE THOUSAND DOLLARS ($35,000.00),, payable as follows: a. $5,000.00 upon execution of this agreement; b. $30,000.00 upon receipt of the appropriate license/permit to operate the business for acupressure and or massage. 3. This Agreement is subject to the granting of the requisite license and permit to the Buyer to operate the business as an acuperssure or massage business. In the event that said permit or license is not granted in favor of the Buyer, this Agreement shall be null and void and the deposit previously paid shall be returned to the Buyer. 4. TAXES. The Buyer shall pay all taxes that may be sue to the State of California in connection with the sale of equipment and furniture relating to the business, and shall indemnify the Seller from any claim that may be made against the Seller for such taxes. 5. REPRESENTATIONS AND WARRANTIES. a. The Buyer hereby waives the requirements of the bulk transfer provisions of the Uniform Commercial Code. The seller represents that there are no liens., encumbrances or security interest on any of the property to be sold to the Buyer, and warrants that the title and interest conveyed to the Buyer will be free and clear. i b. The Seller represents that all social security, withholding, sales and unemployment issuance taxes to city, state and federal governments will be paid, or provided for, up to the closing date and shall indemnify the Buyer from any claim that may be made against the Buyer for such taxes. c. Buyer warrants and represents that he has inspected and is familiar with the business premises and with the physical condition of all furniture, fixtures and equipment therein, any lease or rental agreement thereon and covenants that he will accept conveyance of such in their present state and condition. 6. CLOSING DATE. The closing date shall be the date Buyer is granted the appropriate license/permit to operate the business for acupressure. 7. BROKERAGE. Each party represents and warrants that there are no claims for brokerage commissions or finders' fee in connection with the transactions contemplated by this Agreement. Each of the parties agree to exonerate, indemnity and hold harmless the other in respect of any and all losses sustained by the other as a result of leabiiity to any broker or finder on the basis of any agreement made by or on behalf of such party. 8. MODIFICATION. This Agreement cannot be modified, 3 changed, discharged or terminated, except by a writing signed by the parties. 9. BENEFIT. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 10. ENTIRE AGREEMENT. This instrument contains the entire agreement between the parties hereto with respect to the transactions contemplated herein. Each of the parties hereto has caused to be included herein all such representations and warranties as it considers material for the purpose of the transactions contemplated hereby based upon investigations which each of them has made of the businesses and affairs of the other. The representations and warranties upon which the parties hereto have relied, and shall survive the closing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the year and date first above written. SELLER: TppAE SOnnR CORNCISH�� BUYER: EDWARD R. ROCKWOOD 4 Imonrn2 02 PRIME CONSTRUCTION CONTRACT This AGREEMENT is between ��o Gah,TKV1ci'Cct' �. (Coot �f`sN ' -- (Contrdno'SA ress) C-A (Cq.S1aleand2ro) 17 x ,A�NDDo� 19^ .7 .(ownName) I (Owner's address) !;r i ' 6A G)2d63 PROJECT 1Namo) {Gty,StaleandZip) Contractors are required by law to be licensed and regulated by the Contractors' State license Board. Any questions concerning a contractor fmay tie referred to the Registrar of She Board whose address is: Contractors' State License Board, 3132 Bradshaw Road, Sacramento, California 95827. Mailing Address: P.O. Box 260D0, Sacramento, California 95826. - A. Construction Funds: The name and address of the construction fund holder -is: (Na"And stench Address O:Bank,'Sa�lngs And Loan Assn rEsaow Agent, Join Corarol Or Odrer Consiructwn Fund Holder) B. Description of the -Work: Contractor will furnish all labor and materials to -construct and complete in a good, workmanlike and substantial manners (Descnhe Tno WorkTo Be Done Under Th4 Conited) I upon the following described property. {Insert Legal Dasnroeon And Sveet Atldress)l Known} C. Property Lines: Owner shall locate and point out property lines to contractor.Contractormay. at his option, require ownerto proAde a licensed land surveyors map of property 0 n rl D. Payment: Owner will pav contractor the sum of F I in installments as follows Gon:mr7�F�ynC��, `^) }_(/ T� ll 1 E Time for Compliltton of Rork: Within 30 days after execution of this agreement owner will have the job site ready for commencement of construction, and shall thereafter give contractor written notice to commence work Contractor shah commence work within 10 days after such notice and shah complete the same within 4-0 woriung days after commencement, subject to permissible delays as oescribed in § 6 " Ol Days; F. Terms and Conditions: The terms and conddions on the reverse side are expressly incorporated into this contract To"liamol Form mart By. _____ Date, X {OWnaf SIQ ?era) X. _— (a}.L,reThanC:�sOwner $erontl OWn['Sipn He�P ..._ FORM tOt — 7Ja_15NED BY tip'' %- if�= ibv. '065 OVERLAND AVENUE, LOS ANGELES, CALIFORNIA 9034 —(2131202.7775' ".965 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST _ADVANCE PLANNING DIVISION _PUBLIC WORKS DEPARTMENT _TRAFFIC ENGINEER _FIRE DEPARTMENT X BUILDING DEPARTMENT P,ARKS_&-RECREATION PC .X BUSINESS LICENSE GRADING X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Haneda Acupressure FOR: Extension of the One Year Amortization DESCRIPTION: Request to consider a one year extension of the amortization period required for an independent massage establishment as set forth in Section 20.68.030 of the Newport Beach Municipal Code. LOCATION: 405-A 30th Street REPORT REQUESTED BY: February 3, 1993 COMMISSION REVIEW: February 18, 1993 A2L.-..srs RECEIVED BY rLnRjjIlry Wrvnn. M.... CITY of NEWPORT BEACH Date: J1- d, - 5 FEB 41993 AN PIN CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST _ADVANCE PLANNING DIVISION _PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEER FIRE UP FVvIENT ,I�bING-DEPART�B T _PARKS & RECREATION X POLICE DEPARTMENT .X BUSINESS LICENSE GRADING Date: January 26. 1993 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Haneda Acupressure FOR: Extension of the One Year Amortization DESCRIPTION: Request to consider a one year extension of the amortization period required for an independent massage establishment as set forth in Section 20.68.030 of the Newport Beach Municipal Code. LOCATION: 405-A 30th Street REPORT REQUESTED BY: February 3, 1993 COMMISSION REVIEW: February 18, 1993 COMMENTS:s. �— 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST WORKS_ADVANCE PLANNING DIVISION 1 —FIRE—:FRAFFIC ENGINEER 1 2LBUIELDING DEPARTMENT &POLICE DEPARTMENT ING Date: January 26, 1993 X PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Haneda Acupressure FOR: Extension of the One Year Amortization DESCRIPTION: Request to consider a one year extension of the amortization period required for an independent massage establishment as set forth in Section 20.68.030 of the Newport Beach Municipal Code. LOCATION: 405-A 30th Street REPORT REQUESTED BY: February 3, 1993 COMMISSION REVIEW: February 18, 1993 COMMENTS: TwE Cr 2019 rl n r��r �icr ase� -i N c��nttic ac raw OFFICES Of ROBERT I DAVIS 23501 Park Sorrento Suite 212 Calabasas, CA 91302 Telephone (818) 591-8300 FAX (818) 591-8320 February 14, 1994 Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA. 92658 Attention: SECRETARY TO PLANNING COMMISSION RE: HANEDA ACUPRESSURE 405-A 30th Street Newport Beach, CA. 92663 3700 Wilshire Blvd. Suite 575 Los Angeles, CA 90010 Telephone (213) 388-2775 FAX (213) 387-3348 Please be advised that this office and specifically the undersigned, continues to represent Edward Rockwood and Ui Kyong Rollins owner and/or interest holder in the acupressure business known as Haneda Acupressure at 405-A 30th Street, Newport Beach, California. We have been requested by our clients to further review Ordinance 92-2 and to undertake the appropriate action on their behalf in order to allow them to continue business operations and to not suffer the extreme financial hardship if the business was required to terminate operations on March 25, 1994. Initially, we do not agree with the validity or constitutionality of Ordinance 92-2 both on its face and as applied herein. It should be noted that the business use predated the enactment of Ordinance 92-2 and according to Jones v. City of Los Angeles. 211 Ca1.3049 295 P14, any such ordinance should be prospective only. Secondly,the subject business is being treated differently than practically each of the other businesses similar in nature within the City of Newport Beach in that the other businesses are not subject to the amortization provisions solely because when the ordinance was enacted, they happened by chance to be located in a differently zoned area. Thirdly, assuming, arguendo, that the ordinance is valid, Planning Commission City of Newport Beach Attention: SECRETARY TO PLANNING COAMSSION February 14, 1994 Page Two the period of amortization is too short and unreasonable. The ordinance provides for a one year period with an extension of up to one additional year. Said period of time is not reasonable, especially as is the case herein where our client is unable to relocate, will be out sizable sums of money and will be continually obligated upon the lease. Each of the other Cities with amortization periods provide for far different periods. For instance, Long Beach's Ordinance provided for a two year period with an extension of up to three years and likewise Los Angeles' Ordinance provides similar time periods. Nevertheless, our clients still, reserving the above objections, seeks a further extension pursuant to Ordinance No. 92-2, Chapter 20.68, Section 20.68.030. Our client seeks an extension of one year additional year based upon Subsection A & C and indirectly B. As previously advised, on or about October 31, 1991, Edward Rockwood purchased the subject business from its previous owner, Tae Cornish, for the sum of $35,000.00, subject to the issuance of the appropriate license/permit to operate. A copy of the Agreement is attached. Thereafter, Mr. Rockwood received the appropriate business license/permit to operate the business, to expire on or about October 31, 1993. At or about the same time, our client expended approximately $10,200.00 for improvements to the business. A copy of the Contract is enclosed. Additionally, our client assumed the lease upon the premises, dated July 29, 1991, commencing August 1, 1991, for a period of three years at a monthly rental of $1,350.00, subject to annual C.P.I. increases. Since acquisition, our client has not recovered his outlay of monies invested in the business and needs at least one year additional extension to lessen financial hardship imposed as a result of Ordinance 92-2. It is obvious that our client would not have purchased the business, assumed the lease and put additional monies into the business knowing the limited life. Although a farther one year extension does not solve my client's problems, it obviously helps and is urged that it be granted. Planning Commission City of Newport Beach Attention: SECRETARY TO THE PLANNING COMMISSION February 14, 1994 Page Three Furthermore, our client appears to qualify for the requested extension under the "C" section. The business cannot be easily relocated. The first problem in relocation is to find a qualifying site. Each possible site that may be available for my client's business is either not located within the proper zone or runs afoul of the location requirements. To date, a qualifying and available site has not been found. Even if one could, the costs of relocation would be prohibitive. Not only would the business site have to be re -constructed, but a new lease would have to be entered into, with the obligation continuing upon the old lease. Our client just does not have the sums available to relocate. At the hearing before the Planning Commission of February 18, 1993, counsel for the business did indicate that the Applicant intended to move his establishment or cease business prior to March 25, 1994. Unfortunately, this is really not possible. The applicant has made many extensive and exhaustive efforts in an attempt to locate a site which would be zoning acceptable. To date, he has not been able to locate one and accordingly cannot move the business. Additionally, the applicant still has not come close to recouping his investment and the lease continues until at least into August 1994. As indicated, if he had been aware of the problems upon purchase, he would not have been involved. It is noted that the property lies within the Cannery Village area of the City. Assuming the request herein is granted for an additional year and the City desires to work upon the Cannery Village area, our client would be amenable with working with the City to ensure that any projects of the City are not impeded with. When the year extension was approved in 1993, conditions thereto were attached. One of them was that if there were any further violations of Chapter 5.50 of the Municipal Code 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. It is our understanding and knowledge that there have been no such Planning Commission City of Newport Beach Attention: SECRETARY TO PLANNING COMMISSION February 14, 1994 Page Four violations and/or any allegations of such violations and that the business has, at all time, been operated as a clean, honest and legitimate massage business. For each of these reasons, it is respectfully urged that the requested extension be granted until March 25, 1995. Very truly yours, ROBERT S. DAVIS Attorney for Edward Rockwood/Ui Kyong Rollins RJD:mf cc: W. William Ward Senior Planner LAWOFFICES Of ROBERT J. DAVIS 23501 Park Sorrento Suite 212 Calabasas, CA 91302 Telephone (818) 591-8300 FAX (818) 591 8320 February 16, 1994 Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA. 92658 Attention: SECRETARY TO PLANNING COMMISSION RE: HANEDA ACUPRESSURE 405-A 30th Street Newport Beach, CA. 92663 3700 Wilshire Blvd. Suite 575 Los Angeles, CA90010 Telephone (213) 388-2775 FAX (213) 387-3348 RECUM BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AN FEB 2 21994 PM 71g19110111112111215141M A As indicated in our enclosed letter of February 14, 1994, directed to the Planning Commission, this office continues to represent Haneda Acupressure, 405-A 30th Street, Newport Beach, California. It is requested that this matter be placed upon the agenda of the Planning Commission and that prior thereto that you contact this office in order that we may ascertain a date which would be compatible with each of our calendars. Thank you for your continued courtesies and cooperation. RJD:mf LAW OFFICES Of ROBERT J. DAVIS 23501 Park Sorrento Suite 212 Calabasas, CA 91302 Telephone (818) 591-8300 FAX (818) 591-8320 March 16, 1994 Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA. 92658 Attention: SECRETARY TO PLANNING COMMISSION RE: HANEDA ACUPRESSURE 405-A 30th Street Newport Beach, CA. 92663 3700 Wilshire Blvd. Suite 575 ImAngels, CA90010 Telephone (213) 388-2775 FAX (213) 387-3348 On February 16, 1994, we wrote to you and requested that the subject of the enclosed letter be placed upon the agenda of the Planning Commission at a mutually convenient date wherein we could bring the issues as set forth in the letter before the Planning Commission in an attempt to obtain a further extension of time within which my client may operate his business. To date, I have not heard anything from the City thereabout. We would urge that this matter be promptly acted upon since the existing extension is due to expire shortly. RJD:mf RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM MAR 18 1994 PM "11 A1011111211120141516 k A4'4) 44* , - ' CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT.BEACH, CA 92658-8915 PLANNING DEPARTMENT (714) 644-3215 May 2, 1994 Haneda Acupressure 405-A 30th Street Newport Beach, Ca. 92663 Attention: Mr. Edward Rockwood Subject: One Year Amortization Period For Existing Independent Massage Establishment Dear Mr. Rockwood: On February 18, 1993 the Newport Beach Planning Commission voted to approve the extension for one year for your existing massage establishment. That extension expired March 25, 1994 and as such you are hereby ordered to eliminate any further massage establishment from this location no later than May 15th of this year. Please be advised that the May 15th deadline is at least forty-five days beyond the time that your business was to be terminated. We would like to take this opportunity to sincerely thank you for your anticipated cooperation in closing down your business within the allotted time. We must advise you however, if you choose to ignore our request, without any additional delay, this matter will be referred to the office of the City Attorney for appropriate action. 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 number. PLANNING DEPARTMENT JAMES P. HEWICKER, Director By im �Sinas�ek; Code Enforcement Supervisor Current Planning Manager File 3300 Newport Boulevard, Newport Beach MAY-11-1994 16:39 R.E.D.C. 714 583 9156 P.04 Page Two May 4, 1994 otherwise voluntarily vacating the premises and would certainly extend the lease term with Mr. Friedman, but for the city's proposed actions. Mr. Friedman is certainty willing to work with the city to resolve this matter and the striking inconsistencies between the city's stated policies and its actions in fact. The city has made known that it is its desire to clean up and enhance the Cannery Village Area and, apparently on that basis, is attempting to close down Haneda. This is somewhat illogical and arbitrary, however, as the Planning Committee of Newport Beach is presently contemplating allowing a Hostel and a McDonaid's restaurant in the Cannery Village Area and has previously approved the move of a micro -brewery into premises directly across from Mr. Friedman's Property. it. is my client's desire to schedule a meeting with you in an effort to resolve this matter. Please contact the undersigned at your earliest convenience so that we may discuss this proposal and the issues raised above. Very truly yours, Sandra M. Crresko TOTAL P.04 MAY-11-1994 16:39 May 9,, 1994 R.E.D.C. SANDRA M. GRESKO ATTORNRY AT LAW 9 OOODYRAR, SUITE 1E99 •. IRVINE, CALIM MA 92915 1 r.LEPIIONR (914) 454•0513 TELIECONER MO M-915/ Newport Beach City Attorney Mr, Robert. H. Burnham P.0, Box 1768 Newport Beach, CA, 92659-1768 RE: Property Address: 405, 407, and 409 30th Street Newport Beach, CA, Dear Mr. Burnham: 714 583 9156 P.03 This office represents Robert D. Friedman who is the lessor of the above -referenced properties ("Property"). The Property is currently under lease to Haneda Accupressure C'Haneda"). It has come to Mr. Friedman's attention that the city of Newport Beach is presently attempting to terminate the business of Haneda at this location in Newport Beach. Mr. Friedman is seriously concerned because if the city succeeds in its attempts to close down Haneda, this will cause Mr. Friedman substantial damages, The tenant, Haneda, has been leasing the property from former owners and Mr. Friedman for approximately ten years. In fact, Mr. Friedman personally lived above the Haneda establishment for approximately three years and never had any problems with Haneda. At all times, Haneda conducted itself as a model tenant, paying rent on time and creating no disturbances, Given current rental values, it would be virtually impossible for Mr. Friedman to find another tenant who would be willing to rent the Property at substantially the same rate as Haneda is now paying or, for that -matter, at anywhere near that rate. in sum, if the city forces the tenant to vacate the premises, Mr. Friedman will expect to be adequately and fairly compensated for what is in essence an undue restriction on his property rights and a regulatory taking of his property, Specifically, Mr. Friedman would expect to be compensated for such time as it takes to find another tenant to lease the Property at the same rent as Haneda is currently paying or, if that is not possible, for 1.110 diiFerence between the rental rate Mr. Friedman is able to negotiate and the rate Haneda is now paying. Actual damages are not quantifiable at this time; however, please be advised that they would be substantial given that Haneda has communicated no intention of MAY-11-1994 1613e R.E.D.C. 414 583 9156 P.02 SANDRA K GRESKO ATTORNRY AT LAW 9 OOOMAR, 6UITE t000 • )RVINE, CALIPORNIA 92718 TELEPHONE (715) 454,6533 TfiLECOPIER (71e) 543,9156 VJA Tr_r__rCOPIBR & TiRST-CLASS.MAJL May 11, 1994 Mr. Jim Sinasek City of Newport Beach Planning Department P.O. Box 1968 Newport Beach, California •92658-8915 RE; Idaneda Acupressure 405 30th Street Unit A Newport Beach, California Dear Mr. Sinasek; Please be advised that this ollieo represents Robert D. Friedman who is the landlord of the above - referenced property to Haneda Acupressure. R has come to our attention that pursuant to 4letter dated May 2,1994 to Haneda, you have requested that hianeda vacate the premises. The city's forcing Kaneda to vacate the premises, however, will cause Mr. Friedman substantial damages for which he will expect to be adequately and fairly compensated. Enclosed please Mid a. letter previously sent to the City Attorney and which goes into further 'detail regarding this matter, My client would like to schedule a meeting to be held at your earliest convenience in an efi'ort to resolve this matter in a. manner which is acceptable and fair to all concerned parties. x would request that you please contact Waltar of this office to further discuss this proposal and the issues raised above. Very truly yours, Sandra. M. Gresko Enclosure Unnednt&. CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 May 24, 1994 Sandra M. Gresko 9 Goodyear, Suite 1000 Irvine, CA 92718 Re: Haneda Acupressure 405•A 30th Street, Newport Beach, CA Dear Ms. Gresko: I have received a copy of your letter, dated May 9, 1994. Pursuant to your request, an office conference has been scheduled for June 2, at 2:30 p.m. in the City Attorney's Office. I have also asked Robert Davis, the counsel for Edward Rockwood and Ui Kyong Rollins, to attend this meeting in order that all interested parties may sit down and discuss this matter. Thank you for your anticipated cooperation in this matter. LSS:wb j cc: Jim Sinasek Robert J. Davis Very truly yours, Laura Stitt Sheedy Contract Attorney RECEIVED BY PLAT4114G DEPARTMENT . TYNOF NEWPORT I'M" MAY 2 41994 PNI AM ll 12111213►4i5i6 q►819► 1 1 � 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714)644-3131 May 24, 1994 Robert J. Davis 3700.Wilshire Blvd. Suite 575 • Los.Angeles, CA 90010 Re: Haneda Acupressure . 405-A 30th Street, Newport Beach, CA Dear Mr. Davis: The file for your client has been referred to this office for further action. I understand that your client received a one year extension of time to relocate the Haneda Acupressure. That year ended March 25, 1994. To date, your client is still operating at 405-A 30th Street, in violation of the Newport Beach Municipal Code. I have received a letter from the attorney for your client's landlord, asking for an office conference to discuss this matter. That meeting has been scheduled for June 2, 1994, at 2:30 p.m. in the Newport Beach City Attorneys Office. I hope that you can attend in order that all interested parties can discuss this matter. Thank you for your anticipated cooperation in this matter. LSS:wb cc: Jim Sinasek Very truly yours, ur�Stitt Sheed Contract Attorn FRECENED BY 12LANNING DEPARTME14T +TY OF NEjNpORT BE ACP MAY 2 419" PM AM z3456 '7R8R9R�RllRILilR 1 � � � 3300 Newport Boulevard, Newport Beach SANDRA M. GRESKO ATTORNEY AT LAW 9 GOODYEAR, SUITE 1000 . IRVINE, CALIFORNIA 92718 TELEPHONE (714) 454.6533 TELECOPIER (714) 583.9156 VIA TELECOPIER & FIRST-CLASS MAIL May 11, 1994 Mr. Jim Sinasek City of Newport Beach Planning Department P.O. Box 1768 Newport Beach, California 92658-8915 RE: Haneda Acupressure 405 30th Street Unit A Newport Beach, California Dear Mr. Sinasek: RECEIV0 BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM MAY 16 1994 PM M1 IN11112111213AA6 k Please be advised that this office represents Robert D. Friedman who is the landlord of the above - referenced property to IIaneda Acupressure. It has come to our attention that pursuant to a letter dated May 2, 1994 to Haneda, you have requested that Haneda vacate the premises. The city's forcing ITaneda to vacate the premises, however, will cause Mr. Friedman substantial damages for which he will expect to be adequately and fairly compensated. Enclosed please find a letter previously sent to the City Attorney and which goes into further detail regarding this matter. My client would like to schedule a meeting to be held at your earliest convenience in an effort to resolve this matter in a manner which is acceptable and fair to all concerned parties. 1 woula request that you please contact Walter of this office to further discuss this proposal and the issues raised above. Very truly yours, SandraM. Gresko Enclosure haneduldec CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714)644-3131 June 2, 1994 Sandra M. Gresko 9 Goodyear, Suite 1000 Irvine, CA 92718 Robert J. Davis 3700 Wilshire Blvd., Suite 575 Los Angeles, CA 90010 Attn: James Lee RE: Haneda Acupressure 405-A 30th Street, Newport Beach, CA Dear Ms. Gresko and Mr. Lee: This letter will confirm that the office conference originally scheduled for today at 2:30 has been rescheduled to June 27, 1994, at 2:30. At that time, we will discuss your concerns and the issues you raise regarding the Newport Beach Massage Establishment ordinance. The City is confidant that the zoning ordinance is valid and would stand up against challenge. We are prepared to enforce it through court, however we would like to have your cooperation and have Haneda Acupressure perform its agreement to vacate the premises by March 25, 1994. If the parties cannot come to some kind of an agreement at our June 27, 1994 meeting, the City will take immediate action to enforce the zoning code. LSS:ndb cc: Jim Sinasek ub\1ss30th.1tr Very truly yours, LbUAGk./LLIJ� Jura Stitt She y Contract Attorney 3300 Newport Boulevard, Newport Beach T_ O, ` DATE 6,3() 6 ❑ OR� ❑ CITY COUNCIL ❑ CITY MANAGER Q FIRE Q DEPUTY CITY MGR. Q GENERAL SERVICES ❑ ATTORNEY ❑ LIBRARY ❑ BUILDING Q MARINE Q CITY CLERK Q PARKS & REC. ❑ FINANCE-ADMIN. Q ACCOUNTING �'LANNING Q DATA PROCESSING LICE Q DUPLICATING ❑ PUBLIC WORKS Q PAYROLL ❑ TRAFFIC ❑ PURCHASING ❑ UTILITIES ❑ REVENUE ❑ TELECOMM. FOR- ❑ ACTION & DISPOSITION ❑ FILE ❑ INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REMARKS: rwITel.q CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 June 30, 1994 James Lee, Esq. 3700 Wilshire Boulevard, Suite 575 Los Angeles, CA 90010 RE: Hameda Acupressure/405-A 30th Street Newport Beach, CA Dear Mr. Lee: Enclosed are copies of the minutes of City Council meetings held January 13, 1992.' February 10, 1992, and February 24, 1992, at which the/ Council discussed and adopted Ordinance No. 92-2, amending Title 20 of the Newport Beach Municipal Code. I believe the City Council hearings were taped and that those tapes still exist. You can contact the City Clerk's Office at (714) 644-3006, to determine how best to get a transcription for yourself. At our meeting, on Monday, you requested an extension of time to become familiar with this case prior to the City's taking legal action to enforce the Municipal Code. I can grant an additional 30 days for your review of the case. In consideration of the City's withholding legal action, I would request from you a written acknowledgement that any extension of the lease at 405-A 30th Street would be entered into with your client's knowledge that the City will not be prejudiced by the extension in terms of the effectiveness and legal soundness of Newport Beach Municipal Code Chapter 20.68. If, after review of the Ordinance, and discussion with your client, you have a proposal to settle this without resorting to litigation, please contact me to discuss the same. I would also be happy to discuss with you the Ordinance itself. Thank you for your anticipated cooperation in this matter. If you have any questions or comments, please contact me. Very truly yours, ura Stitt Sheedy Contract Attorney cc: Jim Sinasek encl. 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (.714) 644-3131 August 4, 1994 James Lee, Esq. 3700 Wilshire Boulevard, Suite 575 Los Angeles, CA 90010 RE: Hameda Acupressure/405-A 30th Street Newport Beach, CA Dear Mr. Lee: At our meeting on June 27, 1994, you requested time to become familiar with this case prior to discussing any agreement with the City of Newport Beach. The City granted you 30 days, which has now expired. At this time, the City would like to know your clients' intentions regarding this.property. As I stated' -at. our meeting; I believe that -the-City's ordinance regarding the location and operation of massage establishments will stand up against any challenge. I hope, however, that we can work this out and your client will discontinue his use as a massage establishment without going through the time and expense of a court challenge. Please let me know within 10 days what are your clients' intentions regarding this property. If I have not heard from you by August 15, 1994, this office will assume that your client is not voluntarily going to vacate the premises. Thank you for -your anticipated cooperation in this matter.:-: Very truly yours, ura Stitt Sheedy Contract Attorney cc: Jim Sinasek wb\lee3.Ltr 3300 Newport_ Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 November 17, 1994 James Lee, Esq. 3700 Wilshire Blvd. Suite 575 Los Angeles, CA 90010 Re: Hameda Acupressure/ 405-A 30th St. Newport Beach Dear Mr. Lee: Since we have not heard from you with respect to the intentions of your client, we have no choice but to assume your client will not vacate the premises. We had hoped for voluntarily compliance in order to obviate the need for Court intervention. In the event your client is willing to discontinue his massage business on a voluntarily basis, please contact our office to discuss such. Thank you for your anticipated courtesy and cooperation. DO:wb cc: Jim Sinasek wb\leejames.ltr y truly ur , el K. Ohl Attorney for the City of Newport Beach 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 December 29, 1994 James Lee, Esq. 3700 Wilshire Blvd., Suite 575 Los Angeles, California 90010 Re:. Haneda Acupressure/405-A 30th Street, Newport Beach Dear Mr. Lee: Kindly be advised that we have filed a complaint with respect to the above indicated property. We are in the process of serving the responsible parties and will be moving forward as quickly as possible. In the event that you are willing to negotiate some type of resolution in this matter in the interim, kindly contact the undersigned at your earliest convenience. DKO:cdh CC: Jim Sinasek wb\lee4.ltr V ry tru�y your , Daniel K. Ohl Contract Attorney PU',,,�T11PJG q�? s: tai3pi.Ei�T DEC 3 0 1994 PM 718,9110,11,12111213141516 Q 3300 Newport Boulevard, Newport Beach 4 CITY OF NEWPORT BEACH Rob Friedman 9 Goodyear Irvine, CA 92718 RE: OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 February 6, 1995 OCSC Case No. 738991 Dear Mr. Friedman: Thank you for your telephone call on February 2, 1995 relative to the above referenced matter. As I indicated, the operation of Haneda Acupressure in the current Zoning District is in violation of the Zoning ordinances of the City of Newport Beach. As such, such non -conforming use must be brought to an end. On February 18, 1993, a one-year extension or amortization period was provided. That extension expired on March 25, 1994. Since it has now been almost two years of an amortization period, we must reach some kind of resolution as to how this matter is to proceed. Per your request, I would be happy to schedule an office meeting to discuss this matter in greater detail. Please contact me at your convenience so we may schedule a date and time. Thank you for your anticipated courtesy and cooperation. truly Attorney for the City�of Newport Beach DKO:gjb cc:Jim Sinasek P.S. Further comment, as I advised, I will not take a default against any individuals who have been served with a summons and complaint relative to this matter. Priedman.DKO 3300 Newport Boulevard, Newport Beach Sinasek, Jim To: Subjec Please verified Accorll Thanks Jim y- Ah INC 30TP -BIT. .r ' •�' III .:� ::�� ,ir • ;y ... yP, .d w. �F yj �I`'� .+a •'t .a•V,til n%•^r�,• r:r •1 r N' r "tl• ti y�' '�lyy .�:`.j.: �r ryr ,�'!}YL.a ��'(`'9M ! a + r� 6UILnl�qu. • ii-- r' 'N • .\(^' pOly OlNo.YrrF 1 F.N•Pd!lT P^A[ '..• . r lunl r •.` a ) '4 t !"' mlraa r^^ 1(lII7 �YrM: •, 1 L t (� r.. yir Na rr. Nr •.a NI�'rli- f � f.,•.; 1 Y. i Ti` �. ''�. F �/�•. ` WrWI nPrinMnnnu 11 aII.tl/Qa, r •'in ' .Y .(•r � I�1' �. dYMN1^I nrt•aiw; ),,,, .4C' A\'a p��..� 'Y•' /r. ,: ti. , Yr N10r1n1y.rOGr �p^I /n• e. .�1 _ Tg}l7 . . yf •_ ,_r 1L.. :Lr:• /.''' �'q' '"ie:iw rd•7lif "p r ! I•'k� • r�: •.�j'Y aM,7+�N�:A.i YP�'S�+ p�'�r Q i ,,. 4� �'. .:f'r:y�. rt•!«I'rrf cfi'�L'n: u1aZ.'?��1r .i Mv.,A&UM .:�. I a �� li"ZCETING DATE AGENDA ITEM APPLICATION , 1�vvleww�,l 0 0 W Q 9 VILLA ILAAL'ASTERS' r re r r 26 � rr M b l/ it i 11 7 !e l /. r� C � a ro 0 le V /r /l 34 /f 33 � 4 q 12 � O7 BO 2 W 4 H NEWPORT LANCA$7£R'S ADD, M M 3- I4 MARCH /949 PARCEL MAP P M. 9-9- 40 PARCEL MAP P AI. 94 - 7 /STREET OMY) 7" WAY W ti y u' ti M 47-04 \\ z T - ASSESSOR'S BLOCKS ASSESSOR'S MAP PARM NOAL4£RS BOOK 47 P.4G£O4 O SHOWN /N CIRCLES COUNTY OF ORANGE ,>_ .., - REAL ESTATE INFORMATION SERVICES - 1-800-627-9663 ORANGE COUNTY PARCEL LIST 1991-92 EDITION M 0 6 OWNER ADDRESS / CARE OF EX-VST P A R C E L N 0 . TYPE SO.FT.-F UNITS SITUS ADDRESS CITY ZIP YEAR ROOM CT. DATE LAND VAL TFR VAL HC/STS PHONE PARKING A P LOTSIZE DOCUMENT-X IMP VAL FULL VAL-YR BANK CITY NATIONAL TR *120 S SPALDING DR 8404 TR 0 4 7 - 0 4 1 -32 COM 3978 3110 NEWPORT BLVD ne *BEVERLY HILLS,CA LANCASTERS ADD LOT 3 BLK 431 AND LOTS 4, 5, 6, 7 90212 & 1970 14,524 11/03/78 129101884-U 231,915 145,264 377,179-76 MINER GUY E TR *C/O EICHENSAUM, SID TR 0 4 7 - 0 4 1 - 3 3 COM 933 411 31ST ST NB *20350 VENTURA BLVD N110 *WOODLAND HIL 91364 (714) 675-6909 GARAGE 1954 8,370 3/21/88 88-127003-0 389 134 97,059 487,093-87 LANCASTERS ADD LOT 10 BLK 431 AND LOTS 11 & 12 ALL HILL SANDRA BARKER TR *BARKER JEFFREY L TR 0 4 7 - 0 4 1 - 3 4 COM 3688-2 417 31ST ST NB *431 90277 1948 5,580 90/316052-0 99,9573 304,220-88 LANCASTERSBADDALOTE13 BLK AND LLOTC14CBLK 431 OESAI RAJENDRA G TR *1202 HYDE PARK TR 0 4 7 - 0 4 1 - 3 5 COM 1105 428 32ND ST NO *SANTA ANA,CA LANCASTERS ADD LOT 26 BLK 431 AND POR OF LOT 25 92705 1961 3,989 1/05/87 87-002953-G 59,773 12,248 72,021-75 SILVERADO MANAGEMENT INC *303 VIA LIDO NORD CR 0 4 7 - 0 4 2 - 0 1 COM 645 2 430 31ST ST 153 NO 150 000-F *NEWPORT BEACH,CA 92663 1935 2,790 11/19/86 86-569451-6 875 5,106 159,181-87 LANCASTERS ADD BLK 331 LOT 16 DIXON JOAN LUCILLE *428 31ST ST WS 0 4 7 - 0 4 2 - 0 2 COM 3054 428 31ST ST NB *NEWPORT BEACH,CA LANCASTERS ADD BLK 331 LOT 17 92663 1978 2,790 9/10/86 86-414309-0 69 066 155,515 224,781-79 MARSHALL JOHN *MARSHALL MICHELE CP 92661 0 4 7 - 0 4 2 - 0 4 OFF 1946 1100 422 12/22/88 31ST ST 203 191 NB 260 OOO-F *424 BELVUE LN LANCASTERS ADD BLK *BALSOA,Cl 331 LOT 20 YES 2,790 88-667675-G 67,S13 270,904-89 POLIOUIN LAVERN E TR *1331 W BAY AVE TR 0 4 7 - 0 4 2 - 0 7 COM 1200 416 31ST ST NB *NEWPORT BEACH,CA LANCASTERS ADD BLK 331 LOT 23 92663 (714) 673-8144 1947 2,790 11/10/89 89-607711-0 41 466 17,Q 59,034-75 BARGE RENE ANDRE *RESTAURANT SM 92660 0 4 7 - 0 4 2 - 0 9 COM 1944 847 408 10/04/83 31ST ST 224 337 NS 210 000-F *3012 NEWPORT BLVD LANCASTERS ADD BLK *NEWPORT BEACH,CA 331 LOT 27 2,790 83-534662-6 16,682 241,919-84 BARRY FAMILY REAL ESTATE *605 VIA LIDO SOUD CR 0 4 7 - 0 4 2 - 1 0 OFF 3176 3020 NEWPORT BLVD NB *NEWPORT BEACH,CA LANCASTERS ADD LOT 28 BLK 331 NLY 32 FT 92663 (714) 673-1283 1948 3,648 5/29/81 141750768-6 40 127 29,f27 75 000-F 69,154-75 BARGE RENE A *3012 NEWPORT BLVD SM 0 4 7 - 0 4 2 - 1 1 COM 2730 3012 NEWPORT BLVD NB *NEWPORT BEACH,CA 92663 1948 7/23/70 72 275 88 000-F LANCASTERS ADD LOT 28 BLK 331 ALL -EX NLY 32 FT- 6,649 093780393 29,f41 101,516-75 VAN LINGEN THEO *UNIT 1530 JT 92660 0 4 7 - 0 4 2 - 1 2 COM 1949 2194 3000 10/25/88 NEWPORT BLVD NB 310 034 260 ODD-F *610 NEWPORT CENTER DR *NEWPORT BEACH,CA *FO 6,161 88-545352-G 17,174 327,408-89 LANCASTERS ADD LOT 1 BLK 331 ALL -EX ST- AND LOT 2 ROBERT D *10242 OLD LAMPLIGHTER EA 0 47 - 0 2 - 1 3 -COFRIEDMAN 8721 407 30TH ST Na *VILLA PARK CA ANCASTSBS..,eSDJI L0�3 92667 BLK.331(AND L9LS_y AND ,BL)S _ �_.. __ 19M 1983 ____8>3IS1 8/24189 89_-453_8_9_B_-_G i 734 400 2.85,600_ 1 000 000-F 1,Q2_0, 90 CANNERY VILLAGE *INVESTMENT PARTNERSHIP PT 0 4 7 - 0 4 2 - 1 4 COM VAC -LAND 413 11/08/88 30TH ST 353,736 NB 340 ODO-F *890 W BAKER#200_ . *COSTA MESA,CA_ _-, 92626 1111 no_c7c17t-r lql 'ISA-0.0 LANAOICKO AW LVI o -LN NI nPV 6w I v..n ..�� - REAL ESTATE INFORMATION SERVICES - CO..eIOP� IPM �N< 1-800-627-9663 +mmww ORANGE COUNTY PARCEL LIST 1991-92 EDITION N 0 6 OWNER ADDRESS / CARE OF EX-VST P A R C E L N O . TYPE $OFT.-F UNITS SITUS ADDRESS CITY ZIP YEAR ROOM CT. DATE LAND VAL TFR VAL HC/STS PHONE PARKING A P LOTSIZE DOCUMENT-X IMP VAL FULL VAL-YR KEEFER THUMAS E TR *433 OGLE CIR TR 0 4 7 - 0 4 2 - 1 5 IND 1947 1800 415 3/22/88 30TH ST 165 611 NB *COSTA MESA CA LANCASTERS ADD BLK 331 LOT 8 92627 2,790 88-129596-G 30,013 196,524-83 ASSISTANCE LEAGUE OF *NEWPORT BEACH W-CR 0 4 7 - 0 4 2 - 1 6 COM 1973 400 30TH ST Ne *505 32ND ST *NEWPORT BEACH CA LANCASTERS ADD LOT 9 8LK 331(AND LOTS 16 AND 11 92663 K1/4 06/12/714 20d164 r 860f000-F r 21-75 AVALLONE LEOPOLD T TR *1367 AVE DE CORTEZ EA 0 4 7 - 0 4 2 - 1 7 CTR 5400 425 30TH ST NB *PACIFIC PALISADES,CA 90272 1949 5,580 6120/89 89-324020-G 369 868 248,416 618,284-86 LANCASTERS ADD LOT 12 BLK 331 AND LOT 13 BLK 331 CANNERY VILLAGE *INVESTMENT PARTNERSHIP PT 0 4 7 - 0 4 2 - 18 COM 1944 VAC -LAND 427 3/11/86 30TH ST 163 404 NB 150 000-F *2293 W BALL RD LANCASTERS ADD BLK 331 *ANAHEIM,CA LOT 14 92804 0/8 86-096362-6 1,i02 164,06-86 CANNERY VILLAGE *INVE.,IMENT PARTNERSHIP P1 92804 0 4 7 - 0 4 2 - 1 9 COM 1944 920 429 3/11/86 30TH ST 163 404 ME 150 000-F *2293 W BALL RD LANCASTERS ADD BLK 331 *ANAHEIM,CA LOT 15 2,790 86-096364-6 3,110 166,f14-86 MADDY ORIE EARL TR *311 FERNANDO ST TR 0 4 7 - 0 4 2 - 2 0 COM 424 31ST ST NB ,,NEWPORT BEACH CA ._J. .., Y661 n.ven 1950 n n 4/18/90 On_7lU7L1_n 131 090 7n S1.7 .1 JO1-!t7-R: a.gryL q�ICnn PVV 6L/. JJI-, '-/