HomeMy WebLinkAbout10 - Appeal of Planning Directors Use PermitCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 10
October 11, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Brandon Nichols, Assistant Planner
644 -3234, bnichols @city.newport- beach.ca.us
SUBJECT: Appeal of Planning Director's Use Permit No. 2005 -041 (PA2005 -186)
2721 East Coast Highway, Suite 108
ISSUE
Review of the decision on Planning Director's Use Permit No. 2005 -041 (Attachment A).
RECOMMENDATION
Staff recommends that the City Council uphold the Planning Director's approval of Use
Permit No. 2005 -041.
DISCUSSION
Background
On September 21, 2005, the Planning Director approved Use Permit No. 2005 -041
allowing the addition of massage services to an existing personal service facility
specializing in hair, health and beauty treatments. As part of the approval, a waiver was
also granted allowing the massage use to be located within 500 feet of an existing
massage establishment. On September 27, 2005, the City Council appealed the
decision to approve the Use Permit.
Analysis
The existing personal service facility is located within a commercial building located at
2721 East Coast Highway, Suite 108 in Corona Del Mar. The subject property is
designated for Retail and Service Commercial uses (RSC). In this case, the applicant is
seeking to expand the list of services offered at the existing facility by adding a single
Appeal of Planning Director's Use Permit No. 2005 -041
October 11, 2005
Page 2
massage therapist. Massage establishments are permitted in the RSC zone subject to
the approval of a Planning Director's Use Permit pursuant to Chapter 20.87 (Massage
Establishments) of the Newport Beach Municipal Code (NBMC). Chapter 20.87
(Attachment B) regulates massage uses and establishes conditions required for their
approval. The purpose of the chapter is to protect the health, safety and general welfare
by regulating the location of massage establishments thereby preventing their
concentration in certain noncommercial areas of the City. The chapter also identifies the
specific zoning districts in which such establishments are permitted. The intent of the
chapter is to promote the operation of legitimate massage services and prevent
problems of blight and deterioration that can be brought about by the concentration of
large numbers of massage establishments.
To regulate the location and concentration of massage uses, chapter 20.87 establishes
two location requirements:
1. Massage establishments cannot be located within 500 feet of any public or
private school, park or playground, civic center, cultural site or church site;
or,
2. Within 500 feet of any other massage establishment site.
The chapter also establishes a set of findings whereby the location requirements can be
waived. In general, the findings require that the proposed location not be contrary to the
public interest, injurious to nearby property, encourage the development of an urban
blight area, or adversely impact a school, park, or place of religious worship.
In this case, a waiver was approved to permit location of the proposed massage use
within 500 feet of two existing facilities providing massage services. One facility is
located in the same building as the proposed use and is an independent massage
facility offering only massage services. The second massage service is accessory to a
personal improvement facility (physical therapy and pilates) located in an adjacent
building at 2711 E. Coast Highway. It was the Planning Director's determination that the
waiver of the location requirement would not be detrimental to the community for the
following reasons:
• The proposed massage use is not a stand alone massage establishment. The
subject proposal is to provide massage only as an amenity to the existing
personal service use (hair, health, and beauty treatments).
• The primary use of the facility will remain personal services.
• The overall square footage of the existing personal service facility is 620 square
feet. The proposed massage use will only occupy 95 square feet of the facility.
• Only one licensed massage technician shall be permitted to operate at any one
time.
• The massage service will be available by appointment, only during the business
hours of the primary personal service use.
Appeal of Planning Director's Use Permit No. 2005 -041
October 11, 2005
Page 3
• The massage use will be located in a managed commercial center.
• Should complaints be received about the proposed use, the Planning Director or
Planning Commission may add or modify the conditions of approval or revoke the
Use Permit. (Attachment A, Standard City Requirement #4).
• Similar waiver requests have become more common as beauty salons, day spas
and fitness facilities have sought to add massage services as an amenity for their
customers. In situations where waivers have been approved, neither the
Planning Department nor Police Department has received complaints regarding
the operation of the massage facilities.
It should also be noted that pursuant to section 20.87, "accessory' massage uses are
permitted by right if the following requirements are met:
1. The massage use is accessory to a state regulated medical or chiropractic
offices or,
2. The massage use is accessory to a health club, gym, or hotel operating under
a use permit and,
3. The massage use does not occupy more than 25 percent of the gross floor area
of the primary use.
Although the proposed use is an amenity to the existing personal service facility, it does
not qualify as "accessory" as defined in 20.87. For this reason the use is treated as an
independent use and therefore requires a use permit.
ENVIRONMENTAL REVIEW
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities). The proposed massage use will require only minor tenant improvements to the
exisitng commercial building.
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared on the
agenda for this meeting, which was posted at City Hall and on the city website.
ALTERNATIVES
1. Uphold the appeal, thereby denying the Use Permit.
Appeal of Planning Director's Use Permit No. 2005 -041
October 11, 2005
Page 4
Prepared by: Submitted by:
-Brandon Nichols, Assistant Planner Patricia L. Temple, Planning Director
Attachments: A. Planning Director's Use Permit No. UP2005 -041
B. Chapter 20.87 (Massage Establishments) of the NBMC
Appeal of Planning Director's Use Permit No. 2005 -041
October 11, 2005
Page 5
ATTACHMENT "A"
PLANNING DIRECTOR'S USE PERMIT NO. UP2005 -041
(PA2005 -186)
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD Staff Person: Javier S. Garcia. 644 -3206
NEWPORT BEACH, CA 92663 Appeal Period: 14 days after approval date
(949) 644 -3200 FAX (949) 644 -3229
September 21, 2005
Shannon A.L. Byars
151 S. Myers Street, Apt. G
Oceanside, CA 92054
Application: Planning Director's Use Permit No. UP2005 -041 (PA2005 -186)
Applicant: Shannon A.L. Byars
Site Address: 2721 East Coast Highway, Suite 108
Legal Description: Lot No. 2, Block E, Tract No. 323
Request as Modified and Approved:
To allow the addition of massage therapy services to an existing personal service facility that I
specializes in hair, health and beauty treatments. The facility is located within an existing
multi- tenant commercial building. No new construction is proposed with this application and
the use will be provided within a treatment room of the existing tenant space. A request to I
waive the location requirements that limit the distance between such independent massage
establishments to a minimum of 500 feet is also included in this application. The property is
located in the RSC (Retail and Service Commercial) District.
Director's Action: Approved, September 21, 2005
The Planning Director, in approving this application, analyzed issues with regard to the
compliance of Chapters 5.50 and 2037 of the Newport Beach Municipal Code (Massage
Establishments) and the parking requirements of Chapter 20.66 of the Newport Beach
Municipal Code. The detailed discussion can be found in the attached appendix. In
consideration of those aspects, the Planning Director determined, in this case, that the
proposal would not be detrimental to persons, property or improvements in the
neighborhood. Additionally, the approved use permit would be consistent with the
legislative intent of Title 20 of the Newport Beach Municipal Code, based on the following
findings:
I
FINDINGS:
1. The proposed use is consistent with the Land Use Element of the General Plan
(and the Local Coastal Program,) and is compatible with the surrounding land
uses.
2. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under
Class 1 (Existing Facilities).
3. The approval of Use Permit No. UP2005 -041 will not, under the circumstances of
this case, be detrimental to the health, safety, peace, morals, comfort, and general
welfare of the city for the following reasons:
• The nonconforming, off - street parking status is not increased by the
proposed use.
• The proposed use Is located in a managed commercial building with
coordinated tenant management and is not a blighted area.
• There are no urban renewal or neighborhood conservation programs in
effect in the area.
• The proposed use is located within 500 feet of an existing independent
massage establishment. However, given the list of services provided by
the establishment it is not anticipated to create or cause any detrimental
affect on the surrounding commercial or residential uses.
• The proposed use is not within 500 feet of a place of religious worship,
school or playground.
• The proposed use will not create a concentration of massage uses in the
neighborhood that would be detrimental to the neighborhood or create
neighborhood blight since the proposed facility provides services other
than solely massage services.
• Compliance with all other applicable regulations of the Municipal Code will
be required and enforced.
4. The proposed massage establishment will not be contrary to the public interest or
injurious to nearby properties. It is consistent with the legislative intent and the
location requirements for massage establishments established in Chapter 20.87 of
the Municipal Code for the following reasons:
• The massage establishment is not within 500 feet of a public or private
school, playground, civic center, cultural site or church site.
• The massage establishment is part of a larger facility that specializes in
hair, health and beauty services, which is a use typically found in
commercial districts.
5. The Planning Director's approval of Use Permit No. UP2005 -041 will not, under the
circumstances of this case, be detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing or working in the neighborhood or
September 21, 2005
F: \USERS \PLN \Shared \PA's \PAs - 2005 \PA2005 - 186 \UP2005 -041 appr.doc
Page 2
be detrimental or injurious to property or improvements in the neighborhood or the
general welfare of the City for the following reasons:
• The proposed operation of the massage establishment is an ancillary
service use to the residents in the neighborhood and is consistent with the
legislative intent of Chapter 20.87 of the Municipal Code.
CONDITIONS:
1, The development shall be in substantial conformance with the approved floor plan.
2. The tenant space will primarily be used as a personal improvement facility
specializing in health and beauty services, massage services are to be provided.
3. Only one licensed massage technician shall be permitted to operate within the
facility at any one time, and the addition of any additional massage technicians to
the business shall be subject to an amendment of this Use Permit. No more than
one treatment room shall be permitted to provide massage services at any one
time.
4. The hours of operation of the personal improvement/massage therapy facility shall
be limited between the hours of 8:00 a.m. and 9:00 p.m., daily, and shall also be
subject to the operational requirements provided in Chapter 5.50 and 20.87 of the
Newport Beach Municipal Code, The massage use shall operate only between
8:00 a.m. and 9:00 p.m. of the regular business hours of the primary business
(personal service facility) and shall not operate at any time that the primary
business is closed or not in operation. That is to say that the massage use cannot
operate without the primary use in operation and in accordance with the provisions
of Chapter 5.50 of the Newport Beach Municipal Code cannot operate between
the hours of 10:00 p.m. and 8:00 a.m.
5. All applicable requirements of Chapter 5.50 of the Municipal Code shall be fulfilled.
6, No temporary "sandwich" signs, balloons or similar temporary signs shall be
permitted, either on -site or off -site, to advertise the proposed use, unless
specifically permitted in accordance with the Sign Ordinance of the Municipal
Code. Temporary signs shall be prohibited in the public right -of -way, unless
otherwise approved by the Public Works Department in conjunction with the
issuance of an encroachment permit or encroachment agreement.
Standard City Requirements:
1. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code.
2. The facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and approval
by the Building Department.
September 21, 2005
F: \USERS \PLN \Shared \PA's \PAs - 2005 \PA2005 - 186 \UP2005 -041 appr.doc
Page 3
I
3. The project shall comply with State Disabled Access requirements.
4. Should complaints be received by the Planning Department, the Planning Director
or the Planning Commission may add to or modify conditions of approval to this
use permit (to address the complaints or rectify any problems that may arise), or
revoke this permit upon a determination that the operation which is the subject of
this approval causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
5. This approval shall expire unless exercised within 24 months from the end of the
appeal period, in accordance with Section 20.91.050 of the Newport Beach
Municipal Code.
The decision of the Planning Director may be appealed by the applicant or any interested
party to the Planning Commission within 14 days of the date of the decision. Any appeal
filed shall be accompanied by a filing fee of $975.00.
PATRICIA L. TEMPLE, Planning Director
By
Senior Planner Javier S. Garcia, AICP
Attachments: Appendix
Vicinity Map
Site Plan and Floor Plan
Appeared
In Opposition: None
Appeared
in Support: None
property owner
Jeffrey J. Brown
2707 Windover Drive
Corona Del Mar, CA 92625
September 21, 2005
F: \USERS \PLN \Shared \PA's \PAS - 2005 \PA2005 - 186 \UP2005 -041 appr.doc
Page 4
APPENDIX
Discussion
The proposed service facility provides individual massage treatment as an amenity to the
primary health and beauty care facility use. In accordance with Section 20.15 of the
Municipal Code, personal service establishments in the RSC Districts are a permitted use
within that designation. However, the addition of massage services to such a facility
requires the approval of a use permit by the Planning Director in each case. The facility is
generally provides hair, health and beauty care services and will also provide
accommodations for a massage technician within a portion of the facility.
As shown on the floor plan, the overall square footage of the personal service facility is
approximately 620 square feet, with the square footage devoted to massage activity
limited to one of the existing three rooms containing approximately 95 square feet of floor
area each. The applicant has proposed hours of operation of the facility with a 9:00 a.m.
opening hour. The authorized hours for massage use by the Municipal Code limits the
opening hour to 8:00 a.m. The Planning Director has limited the hours of operation to
between 8:00 a.m. and 9:00 p.m., daily. The massage service will be available by
appointment during regular business hours of the primary use only.
Section 20.87 Compliance
Section 20.87 of the Municipal Code sets forth the provisions that govern the
establishment and location of massage services within the City. It is intended to allow and
promote the operation of legitimate massage service facilities and to prevent problems of
blight and deterioration that might accompany or be brought about by large numbers of
massage establishments. The spirit and intent of Chapter 20.87 seeks to prevent the
establishment of uses that may act as fronts for illegal activity by dispersing the location of
massage establishments, preventing their concentration within certain noncommercial
areas of the city, and by establishing specific Zoning Districts in which the use is
permitted. Monitoring of the facility by the Planning Department, Police Department and
Code Enforcement Officer shall ensure compliance with the provisions of the Municipal
Code requirements and the intent of this Chapter.
The waiver of the location requirement will accommodate the facility that is located within
500 feet of a second facility located next door at 2721 East Coast Highway, Suite 205.
That facility is an independent massage facility that provides only massage services. The
subject facility will provide massage as an amenity to the primary personal service use
(hair, health and beauty). Staff is of the opinion that the limited hours of the massage
portion of the use will prevent any detrimental affect on the surrounding commercial and
residential uses.
September 21, 2005
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Page 5
to
Title 5 Compliance
In addition to the Title 20 requirements mentioned above, Title 5 of the Municipal Code
(Business Licenses and Regulations) also includes provisions for the review and approval
of operator permits, massage technician permits, and requirements of operation for
massage establishments. The applicable permits and necessary business license as
required by the Municipal Code must be secured before the operation of the massage
establishment.
Parking Requirement
Since the subject use is a personal service use, the parking demand for the use is not
any greater than for a general office or a retail use that is permitted by right without
approval of a use permit. The proposed use is not an intensification of the permitted retail
personal service use.
September 21, 2005
F: \USERS \PLN \Shared \PA's \PAs - 2005 \PA2005 - 186 \UP2005 -041 appr.dac
Page 6
Appeal of Planning Director's Use Permit No. 2005 -041
October 11 2005
Page 5
ATTACHMENT "B"
IZ
Sections:
20.87.005
20.87.010
30.87.030
20.87.025
30.87.030
20.87.005 Ltl
CHAPTER 20.87
MASSAGE ESTABLISHMENTS
Intent And Purpose
Definitions
Massage Establishments As An Accessory Use
Massage Establishments As An Independent Use
Amortization
ent And Purpose
Pa,-,e 20.,x7 -1
Nlassage Establishments
It is the purpose of this chapter to establish reasonable and uniform regulations which will serve to
protect the health, safety, peace, morals, comfort or general welfare of (lie community by dispersing.
the location of massage establishments, as defined herein, thereby preventing their continued
concentration within certain noncommercial areas of (lie City of Newport Beach and byestablishing
specific zoning districts in which such establishments shall be permitted.
It is the intent of this chapter that the regulations be utilized to promote operation of le- itimate
massage services, and to prevent problems of blight and deterioration which accompany and arc
brought about by large numbers of massage establishments that may act as fronts for prostitution and
other illegal activity.
20.87.010 Definitions
As used in this chapter, the following terms shall have (lie meanings indicated:
A. Massage Establishment. "Massage Establishment" shall mean any hll$IIIeSS
conducted within the City of Newport Beach where any person, for money or any
other consideration, administers to another person a massage as defined in section
5.50.010 of the Municipal Code.
B. Establishment. "Establishment" shall include the opening of such a business us a
new business, the relocation of such business, or (lie conversion of an existing,
business location to any'massage establishment' use, the expansion of any existing-
business, the alteration or enlargement of any existing business, or any of the uses
within such a business, or any addition to eXisting uses within an CXistin" business.
11 z-1,)v
13
PaL,e 20.57 -7
Massage Establishments
20.87.020 Massage Establishments As An Accessory Use
A massage establishment which is operated as an accessory use in conjunction kith an oppro%ed
health club. athletic club. gym, or hotel which is or will be operated pursuant M an appim c:d use
permit; or in conjunction with a medical office or chiropractic office which is regulated by State law.
shall be permitted in any district where the primary use is permitted. For the ptnpose ol'thi, section.
an accessory use shall mean a use which is not more than 25 percent of the floor area of the related
health or athletic activities of the primary use.
20.87.025 Massage Establishments As An Independent Use
A massage establishment which operates as an independent use, shall be permitted in the [1 -1 -A
District, RMC, RSC, and APF Districts. commercial areas of PC Districts and commercial areas of
the SP -4 (Newport Shores Specific Plan), SP -5 (Mariner's Mile Specific Plan), and SP -9 (Old
Newport Boulevard Specific Plan) Districts, subject to the securing of a use permit approved by the
Planning Director in each case, and provided further that such establishment conforms to the
following:
A. Lee at ion Reg Uirements. Notwithstandingany other provision ofthe !MitincipaI('ode,
no use permit shall be approved by the City of Newport Beach for any massage
establishment if the proposed site is located:
1. Within 500 feet of any public or private school, park or playground, civic
center, cultural site or church site; or
2. Within 500 feet of any other massage establishment site.
B. Waiver of Location Restrictions. Any property owner or his authorized agent may
apply for a waiver of the location restrictions contained in this section. The Planning
Director, after a public hearing, may waive any location restriction, if all the
following findings are made:
The proposed use will not be contrary to the public interest or injurious to
nearby properties, and that the spirit and intent of this section will be
observed: and
2. The proposed use will not enlarge or cncourMgc file decclopmcnt of an urh.ut
blight area; and
3. The establishment of an additional regulated use in the area will not be
contrary to any program of neighborhood conservation nor will it interfere
with any program of urban renewal: and
11 ,a . "?
Iy
Paee _'O.S? -?
1lassaee Gslablishmenis
4. The use at the proposed location will not adversely alTect the use of a place
used exclusively for religions worship, school, park or playground; and
5. All applicable regulations of this Municipal Code will be observed.
20.87.030 Amortization
Any massage establishment as defined in this chapter which was lawfully in existence as of the
effective date of this chapter (March 25, 1992) which does not comply in whole or in part with the
provisions of this chapter, shall be terminated or otherwise be brought into full compliance within I
year of the effective date of this chapter (March 25, 1992). for those establishments which canaol be
brought into compliance with these provisions because they are not in an approved district, the use
may be extended for only one additional period of time, to be established by the Planning Director,
upon a showing by the applicant that such extension is reasonably necessary to permit the owner of-
the massage establishment to amortize or otherwise recover any along term investment in the
massage establishment.
Any request for an extension of the 1 year amortization period must be made in writing by the occarcr
of the massage establishment to the Planning Director not later than 60 days prior to the end ofthe I
year period provided for in this section.
The Planning Director may grant an extension of up to 1 additional year if the business is otheneisc
in compliance with all other applicable provisions of law, and upon a showing by the applicant:
A. That the business involves a substantial financial investment in real property,
improvements or stock in trade, or
B. The business is subject to a written long term lease entered into prior to January 14,
1991 with a termination date extending beyond I year from the effective (late of this
chapter, or
C. Other factors establishing the nature of the business is such that the business cannel
be easily relocated.
11 iA 'n,
15
NOTICE OF
PUBLIC HEARING
Planning Director's Use Permit
(PA2005 -186)
NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the
approval of Planning Director's Use Permit No.2005 -041, submitted by Shannon A.L.
Byars, to allow the addition of massage therapy services to an existing personal service
facility that specializes in hair and beauty. The facility is located within an existing multi -
tenant commercial building. No new construction is proposed with this application and the
use will be provided within a treatment room within the existing tenant space. A request to
waive the location requirements that limit the distance between such independent
massage establishments to a minimum of 500 feet is also included in this application. The
property is located at 2721 East Coast Highway, Suite 108 in the RSC (Retail and
Service Commercial) District. This project has been reviewed, and it has been
determined that it is categorically exempt under the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th
day of October, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport
Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and
place any and all persons interested may appear and be heard thereon. If you challenge
this project in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice or in written correspondence delivered
to the City at, or prior to, the public hearing. For information call (949) 644 -3200.
I"
oS
LaVonne M. Harkless, City Clerk
City of Newport Beach
\JJ �
NOTICE OF
PUBLIC HEARING
Planning Director's Use Permit
(PA2005 -186)
NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the
approval of Planning Director's Use Permit No.2005 -041, submitted by Shannon A.L.
Byars, to allow the addition of massage therapy services to an existing personal service
facility that specializes in hair and beauty. The facility is located within an existing multi -
tenant commercial building. No new construction is proposed with this application and the
use will be provided within a treatment room within the existing tenant space. A request to
waive the location requirements that limit the distance between such independent
massage establishments to a minimum of 500 feet is also included in this application. The
property is located at 2721 East Coast Highway, Suite 108 in the RSC (Retail and
Service Commercial) District. This project has been reviewed, and it has been
determined that it is categorically exempt under the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th
day of October. 2005, at the hour of 7:00 a.m. in the Council Chambers of the Newport
Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and
place any and all persons interested may appear and be heard thereon. If you challenge
this project in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice or in written correspondence delivered
to the City at, or prior to, the public hearing. For information call (949) 644 -3200.
o�llrfillna� - ,���
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
Planning Director's Use Permit
(PA2005 -186)
NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the approval of Planning Director's
Use Permit No2005 -041, submitted by Shannon A.L. Byars, to allow the addition of massage therapy services to an
existing personal service facility that specializes in hair and beauty. The facility is located within an existing multi -
tenant commercial building. No new construction is proposed with this application and the use will be provided within
a treatment room within the existing tenant space. A request to waive the location requirements that limit the
distance between such independent massage establishments to a minimum of 500 feet is also included in this
application. The property is located at 2721 East Coast Highway, Suite 108 in the RSC (Retail and Service
Commercial) District. This project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th day of October, 2005, at
the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport
Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you
challenge this project in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public
hearing. For information call (949) 644-3200.
v MX it
La onne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
Planning Director's Use Permit
(PA2005 -186)
NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the approval of Planning Director's
Use Permit No.2005 -041, submitted by Shannon A.L. Byars, to allow the addition of massage therapy services to an
existing personal service facility that specializes in hair and beauty. The facility is located within an existing multi -
tenant commercial building. No new construction is proposed with this application and the use will be provided within
a treatment room within the existing tenant space. A request to waive the location requirements that limit the
distance between such independent massage establishments to a minimum of 500 feet is also included in this
application. The property is located at 2721 East Coast Highway, Suite 108 in the RSC (Retail and Service
Commercial) District. This project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th day of October, 2005, at
the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport
Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you
challenge this project in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public
hearing. For information call (949) 644 -3200.
LaVonne M. Harkless, City Clerk �1
City of Newport Beach
Jam Free Printing
Use Ave "TEYPeL�1TreE� ®
Jam an Smu in9
-Use AvCry® TEMPLATE 51600
Property Owner:
Jeffrey Brown
2707 WindoverDr
Corona Del Mar, Ca 92625 -1330
I
www.avery.com
1- 800 -GO- AVERY— -
Corona Del Mar Chamber of
Commerce
Applicant: 2855 E. Coast Highway #101
Corona Del Mar, CA 92625 -2203
Shannon Byars
151 So. Myers — Apt. G
Oceanside, CA 92054
Corona Del Mar Comm. Assoc.
Attw Dick Nichols
519 Iris Avenue
Corona Del Mar, CA 92625
Corona Del Mar Residents Assoc.
P.O. Box 1500 179
Corona Del Mar, CA 92625
— -- - aoidw a6ey'j,?s @ 18 86eANpWddmgsugdwj
Ulam se ram Prin i t Ming
'wU,2 e i 5160®
459- 021 -07
Cia -Mar
2540 Huntington Dr 101
San Marino, Ca 91108 -2601
459- 021 -10
Herbert L Silinsky
4768 Park Encino Ln 307
Encino, Ca 91436 -3278
459- 021 -14
William & Susan Darnall
24849 Del Prado
Dana Point, Ca 92629 -2853
i
459 - 021 -18
J Richter
507 Fernleaf Ave
Corona Del Mar, Ca 92625 -2116
459- 034 -11
Jan Hering
62 Royal Saint George Rd
Newport Beach, Ca 92660 -5222
459- 034 -14
Miner Properties
365 Vi oud
port Beach, Ca 92663 -4615
459- 034 -17
Eskandar Pourgol
2146 San Ysidro Dr
Beverly Hills, Ca 90210 -1560
459- 051 -02
Angeline Rhodes
PO Box 1876
Newport Beach, Ca 92659 -0876
459- 051 -05
Adel Youssef
2070 Samuel Ct
Canfield, Oh 44406 -8075
•
1- 8o8v6WA%VWm
1 -800 -G O -AV ERID
459 - 021 -08
Michele M Lueptow
514 Dahlia Ave
Corona Del Mar, Ca 92625 -2105
459- 021 -11
Ralph A Wakefield
520 Dahlia Ave
Corona Del Mar. Ca 92625 -2105
459- 021 -15
Joy L Curtin
513 Femleaf Ave
Corona Del Mar. Ca 92625 -2116
AVERY® 5160®
459- 021 -09
John & Charles Green
516 Dahlia Ave
Corona Del Mar, Ca 92625 -2105
459- 021 -12
Barry T Faber
16 Pinehurst Ln
Newport Beach, Ca 92660 -5229
459- 021 -17
Gerard Andrassy
5231 Los Altos Dr
Yorba Linda, Ca 92886 -4108
459- 034 -10
459- 022 -01 Tr Masters
-4713 PO Bo
C ona Del Mar, Ca 92625 -0116
459- 034 -12 459- 034 -13
Kevin & Nancy Taylor Miner Properties
20092 Cape Cottage Ln 365 Via Lido Soud
Huntington Beach, Ca 92646 -4404 Newport Beach, Ca 92663 -4615
459 - 034 -15
Miner Proerties
3
459- 034 -18
Azizollah Ahdout
2760 E Coast Hwy
Corona Del Mar, Ca 92625 -2134
459- 051 -03
Sylvia Firestone
606 Jasmine Ave
Corona Del Mar, Ca 92625 -2307
459- 051 -06
Bixby Land Co
PO Box 2488
Long Beach, Ca 90801 -2488
459- 051 -08 459- 171 -03
Haron Yomtoubian Richard W Mc Ilrath
2510 Vista Baya 4014 Layang Cir D
Newport Beach, Ca 92660 -3636 Carlsbad, Ca 92008
459 - 034 -16
Rvs Limited Partnership
904 N Bedford Dr
Beverly Hills, Ca 90210 -3016
459- 051 -01
Bertram A Rowe
407 B Femleaf
Corona Del Mar, Ca 92625
459- 051 -04
Andrew Cyga
614 Goldenrod Ave
Corona Del Mar, Ca 92625 -2145
459- 051 -07
Walter C Boice
3500 E Coast Hwy 1
Corona Del Mar, Ca 92625 -2496
459- 171 -04
Poole
1446 Kincaid St
Redlands, Ca 92373 -6932
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459 - 171 -05 459- 171 -06 459- 171 -07
Brian H Boyajian David & Michelle Jalali Kraig B Hogan
PO Box 18334 2901 Harbor View Dr 512 Femleaf Ave
Irvine, Ca 92623 -8334 Corona Del Mar, Ca 92625-1513 Corona Del Mar, Ca 92625-11115
459- 171 -08
Triona Bergin
514 Femleaf Ave
Corona Del Mar, Ca 92625-2115
459 - 171 -11
Timothv Tamura
5055 Narcissus Ave
Corona Del Mar, Ca 92625 -2416
—5 9-171 -1-
Ieftrey Bro+ +n
2707 Wind t �r
Cor el _liar, Ca 92625 -1330
459 - 171 -17
Orange County Llc
3330 S Figueroa St
Los Angeles, Ca 90007 -3740
459 - 171 -21
Calvin J Coatsworth
513 Goldenrod Ave
Corona Del Mar, Ca 92625 -2124
459- 171 -24
Joan R Couturier
503 Goldenrod lit
Corona Del Mar, Ca 92625 -2124
934 -61 -174
Mickael
519 Femleaf Ave A
Corona Del Mar, Ca 92625-2116
934 -61 -177
Reagan E Gray
517 Femleaf Ave
Corona Del Mar, Ca 92625-2116
459- 171 -09
Paul Le Pante
516 Femteaf Ave
Corona Del Mar, Ca 92625-2115
4S9 - 171 -12
Charles Maste
PO Bo
C, ona Del Mar, Ca 92625 -0116
459- 171 -15
R & D Mckinno
2737 amt Hwy
Corona Del Mar, Ca 92625 -2110
459 - 171 -18
Orange County Llc
3330 S Figueroa St
Los Angeles, Ca 90007 -3740
459 - 171 -22
Terence Lyons
219 Larkspur Ave
Corona Del Mar, Ca 92625 -3039
459 - 171 -28
Calvin J Coatsworth
515 Goldenrod Ave
Corona Del Mar, Ca 92625 -2124
934 -61 -175
Brian Lindley
519 Femleaf Ave
Corona Del Mar, Ca 92625 -2116
934 -61 -185
Samantha Mc Dermott
24040 Camino Del Avion A
Monarch Beach, Ca 92629 -4083
938 -01 -015 938 -01 -016
Warner P Bordier Warner P Bordier
3065E Viki 3065 E Viking Rd
La 'gas, Nv 89121 -4313 Las Vegas, Nv 89121 -4313
459 - 171 -10
Nielsen
407 Mendoza Ter
Corona Del Mar, Ca 92625-2611
4S9- 171 -13
Charles Masters
PO Box 116
Corona Del Mar, Ca 92625-0116
459- 171 -16
R & D Mckinnon
2737 E Coast H+vy
Corona Del Mar, Ca 92625 -21 10
459 - 171 -19
Orange County Llc
3330 S Figueroa St
Los Angeles, Ca 90007 -3740
459 - 171 -23
Jeffrey J Evans
436 Brower Ave
Placentia, Ca 92870
459 - 174 -05
Steven Cash
27421 Avenue 12
Madera, Ca 93637 -8506
934 -61 -176
Tim & Danielle Miller
517 Fernleaf Ave
Corona Del Mar, Ca 92625-2116
934 -61 -186
Mark Brady
51 1 Femleaf Ave
Corona Del Mar, Ca 92625 -2 1 1 6
®� W U�i-L ® s
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A -6214,
September 29, 1961, and A -24331 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to -or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
OCTOBER 1,2005
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on OCTOBER 1,2005
at Costa Mesa, California.
Signature
}5 � �T .' 5
NOTKEOF
waive the location
City Hall, 3300 Newport
PUBJC HEWKG
requirements that limit
Boulevard, Newport
Plmi DireAa S
he distance between
such independent mas-
Beach, California, at
which time and place
OsePervilt A2005 -186) :
sage, establishments to
any and all persons
NOTICE 15 HEREBY i
a mnimum of 500 feet
interested may appear
GIVEN that the City i
is also included in this
and be heard thereon. If
Council hold a public
application. The property
you challenge this
will
hearing on the approval
is located at 2721 East
project in court, you
of Planning Director's
Coast Highway, Suite
may be limited to raising
Use Permit No.2005 -041,
108 in the RSC (Retail
only those issues you or
submitted by Shannon
and Service Commercial)
someone else raised at
A.L. Byars, to allow the
District. This project has
the public hearing,
addition of massage
been reviewed, and it
described in this notice';
therapy services to an
has been determined
or in written corre-
existing Personal service
that it is categorically
spondence delivered to
facility that specializes
exempt under the re-
the City at, or prior to,
in hair and beauty. The
quirements of the Cali-
the public hearing. For
facility is located within
fornia Environmental
information call (949)
an existing multi- tenant
Quality Act under Class
644 -3200.
commercial building. No
1(Existing Facilities).
Laverne M. Harkless,
new construction is
NOTICE 15 HEREBY
City Clerk
proposed with this
FURTHER GIVEN that
City of Newport Beach
applicatioh and the use
said public hearing will
Published, Newport
will be Provided within
be held on the 11th day
Beach /Costa Mesa Daily
a treatment room within
of October, 2005, at
Pilot October 1, 2005
the existing tenant
the hour of 7:00 p.m.
Sa905
space, !p request to
in the Council Chambers
-
of the Newport Beach