HomeMy WebLinkAboutInitial Plan; Zoning Review IPZR2005012 - Supporting DocumentsS HUNnWTON 8EAcH City of Huntington Beach Department of Planning CONFERENCE NOTES PROJECT: LOCATION: 300 DATE: 2 -S' IN ATTENDANCE: C., /- ( SUMMARY:V Gus p ON V MEETINGNOTES TAKEN BY: o PHONE0.S Y PC) ct: e-t I's- .9MAUL C P C -OL P.QIJ2ZIf iA.- P cawosPi TD &STh- C4S.Ca Co e o 17cTi opj (8 (La v 5 3 - MUIJ( Cam,A-e P NOT 10 T7r L, Cc r -c (TY le-n1-l (nl N c i --i ce S c\a a e , T = - f -f Lew Of, C WL A-T9)No tcf PR4-)c3c Z" L Avi rTt A- iDMIP 54' (3 IT u,SF> V l1. USs (5 0113(t' t G 7141' r- , We, 71- FE- ee_ C.146Tr C-55 C- 2.. 5•Ha59 ;G(= ss 11V - O , d s G T R-t t L) o n C Q MQ .;5 .c 0 T I N G o -5 T ' 0 LSCc ScG> P L1 Z 0- WI GEL(, f3(.tc k;dT Cc l6 '1t • S 6;(& L- u .r3&u-4 -r&p J'- N lc-U, Tb )Lc v fz Mrs s r r i (SS S F-d/Z 7 -?-: 'Y"AJ , (ZEs ? 1b NS P"R0t'-.I t P/ D' t/iS 2 Pil 15 SID fti r 7-QV s ACTION: COPY TO: (g:forms/confnte/4.00rev ) Fauland, Herb From: Fauland, Herb Sent: Tuesday, May 02, 2006 10:22 AM To: Salcedo, Catherine Cc: Zelefsky, Howard; Hess, Scott; James, Jane Subject: Notice of Action: Director's Determination - Permitted Use Please forward to the distribution lists. Thanks! USE: APPLICANT: PROPERTY OWNER: Day Spa (Massage Envy) Eric Sahn, DJM Capital Partners/Gregory & Christine Sieger (Massage Envy) DJM Capital Partners, Inc. 109 South La Cumbre Lane Santa Barbara, CA 93105 REQUEST: To determine that Massage Envy is a permitted use (day spa) at Bella Terra pursuant to The Crossings Specific Plan (#13). LOCATION: Bella Terra - 7777 Edinger Ave. Suite E-1 10 PLANNER: Counter Staff/Jane James RECOMMENDATION: Permit Massage Envy (day spa) as a permitted use at Bella Terra On May 2, 2006, the Planning Department of the City of Huntington Beach took action on the above mentioned application and determined that Massage Envy is NOT a permitted use based on a legal opinion from the City Attorney's Office. Please note the action by the Planning Department/Planning Director is appealable to the Planning Commission within ten calendar days from the date of the action. An appeal of the action shall be filed with the Department of Planning along with paying the appeal fee of $494. The last day for filing an appeal and paying the filing fee for the above mentioned application is Friday, May 12, 2006 at 5:00 p.m. If there are any questions about this action or the application please contact Jane James at 714-536-5596. 1 Fauland, Herb From: Sent: To: Subject: Salcedo, Catherine Tuesday, May 02, 2006 10:56 AM Bohr, Keith; Coerper, Gil; Cook, Debbie; Culbreth-Graft, Penelope; Emery, Paul; Fauland, Herb; Fikes, Cathy; Green, Cathy; Hansen, Don; Hardy, Jill; Hess, Scott; Sullivan, Dave; Zelefsky, Howard; Devin Dwyer (E-mail); Elizabeth Burnett (E-mail); Flossie Horgan; John Scandura (E-mail); Robert Dingwall (E-mail); Steve Ray (E-mail); Tom Livengood (E-mail) FW: Notice of Action: Director's Determination - Permitted Use USE: Day Spa (Massage Envy) APPLICANT: Eric Sahn, DJM Capital Partners/Gregory & Christine Sieger (Massage Envy) PROPERTY OWNER: DJM Capital Partners, Inc. 109 South La Cumbre Lane Santa Barbara, CA 93105 REQUEST: To determine that Massage Envy is a permitted use (day spa) at Bella Terra pursuant to The Crossings Specific Plan (#13). LOCATION: Bella Terra - 7777 Edinger Ave. Suite E-1 10 PLANNER: Counter Staff/Jane James RECOMMENDATION: Permit Massage Envy (day spa) as a permitted use at Bella Terra On May 2, 2006, the Planning Department of the City of Huntington Beach took action on the above mentioned application and determined that Massage Envy is NOT a permitted use based on a legal opinion from the City Attorney's Office. Please note the action by the Planning Department/Planning Director is appealable to the Planning Commission within ten calendar days from the date of the action. An appeal of the action shall be filed with the Department of Planning along with paying the appeal fee of $494. The last day for filing an appeal and paying the filing fee for the above mentioned application is Friday, May 12, 2006 at 5:00 p.m. If there are any questions about this action or the application please contact Jane James at 714-536-5596. 1 Fauland, Herb From: Salcedo, Catherine Sent: Tuesday, May 02, 2006 10:56 AM To: Fauland, Herb; Purnima Mudnal Subject: FW: Notice of Action: Director's Determination - Permitted Use USE: Day Spa (Massage Envy) APPLICANT: Eric Sahn, DJM Capital Partners/Gregory & Christine Sieger (Massage Envy) PROPERTY OWNER: DJM Capital Partners, Inc. 109 South La Cumbre Lane Santa Barbara, CA 93105 REQUEST: To determine that Massage Envy is a permitted use (day spa) at Bella Terra pursuant to The Crossings Specific Plan (#13). LOCATION: Bella Terra - 7777 Edinger Ave. Suite E-1 10 PLANNER: Counter Staff/Jane James RECOMMENDATION: Permit Massage Envy (day spa) as a permitted use at Bella Terra On May 2, 2006, the Planning Department of the City of Huntington Beach took action on the above mentioned application and determined that Massage Envy is NOT a permitted use based on a legal opinion from the City Attorney's Office. Please note the action by the Planning Department/Planning Director is appealable to the Planning Commission within ten calendar days from the date of the action. An appeal of the action shall be filed with the Department of Planning along with paying the appeal fee of $494. The last day for filing an appeal and paying the filing fee for the above mentioned application is Friday, May 12, 2006 at 5:00 p.m. If there are any questions about this action or the application please contact Jane James at 714-536-5596. 1 0 • Fauland, Herb From: Fauland, Herb Sent: Tuesday, April 25, 2006 1:49 PM To: 'Eric Sahn' Cc: Zelefsky, Howard; Hess, Scott; James, Jane Subject: RE: Massage Envy On Monday, April 24, 2006, we received the legal opinion from the City Attorney's Office on this issue. Page 1 of 3 The opinion states that the use in not permitted under Specific Plan #13, cannot be permitted by a minor modification, and that a zoning text amendment be processed to Specific Plan # 13 to provide a definition of Day Spa. -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent : Tuesday, April 18, 2006 3:08 PM To: Fauland, Herb Subject : RE: Massage Envy What is the difference in procedure between the minor modification and the "Director's Determination". Is there a reason why this is not being handled as a minor modification? Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@dimcapital corn From: Fauland, Herb [mailto:hfauland@surfcity-hb.org] Sent : Tuesday, April 18, 2006 2:03 PM To: Eric Sahn Subject: RE: Massage Envy Deputy City Administrator - Paul Emery @ 714-536-5482 City Attorney - Jennifer McGrath @ 714-536-5521 I believe you are mistaken. We are not processing the proposed use as a minor modification We are processing as a Director's determination pursuant to Chapter 2.0 and Permitted Use Chart - Exhibit 11A of the Crossings Specific Plan. -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent: Tuesday, April 18, 2006 9:49 AM To: Fauland, Herb Subject : RE: Massage Envy Herb: Actually, I was interested in who in the Administrator's office or City Attorney's office is working on this. I thought (correct me if I am mistaken) that your office was OK with making a minor modification amendment to the Specific Plan to allow this use. The Specific Plan allows the Director 5/2/2006 0 • Page 2 of 3 the discretion to make such an amendment. So, is someone in Administration trying to decide that the proposed language is or is not an allowed minor modification amendment? Whom should I be talking with? Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@dtmcapital corn From: Fauland, Herb [mailto:hfauland@surfcity-hb.org] Sent : Tuesday, April 18, 2006 6:28 AM To: Eric Sahn Cc: Hess, Scott Subject : RE: Massage Envy Please call. Scott Hess, Planning Manager @ 714-536-5554 -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent : Monday, April 17, 2006 2:47 PM To: Fauland, Herb Subject : RE: Massage Envy Who can I speak to about this? Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@djmcapital corn From: Fauland, Herb [mailto:hfauland@surfcity-hb.org] Sent : Monday, April 17, 2006 1:48 PM To: Eric Sahn Subject : RE: Massage Envy Administration has sought a legal opinion of the proposed use. I'm told that an opinion will be made by this week. D The Planning Department will not approve the use without concurrence from Administration and the City Attorney's Office. -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent : Monday, April 17, 2006 12:18 PM To: hfauland@surfcity-hb.org Subject : Massage Envy Herb: 5/2/2006 Page 3 of 3 What is the status on this? If the City Administrator does not respond at all, will you issue an approval letter? When would you do this? Thanks. Eric Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@djmcapital com 5/2/2006 0 eA4 0 CITY OF HUNTINGTON BEACH Inter-Department Communication CONFIDENTIAL ATTORNEY CLIENT PRIVILEGE TO: PENELOPE CULBRETH-GRAFT , City Administrator >HOWARD ZELEFSKY, Director of Planning FROM: JENNIFER MCGRATH, City Attorney DATE: April 24, 2006 SUBJECT: The Crossings Specific Plan (No. 13) BACKGROUND: Specific Plan No. 13 (The Crossings at Huntington Beach) ("Specific Plan No. 13") establishes the planning concept, design theme, development regulations and administrative procedures for development of the Bella Terra Mall. The development procedures, standards and specifications included in Specific Plan No. 13 supersede relevant provisions of the City's Zoning and Subdivision Ordinance ("ZSO"). (Specific Plan No. 13, Section 2.0.)' As a result, any development regulation and building requirement not addressed in Specific Plan No. 13 is subject to the City's adopted regulations in place at the time of an individual request. (Specific Plan No. 13, Section 4.2.) As with all City zoning ordinances, Specific Plan No. 13 may be amended through the Zoning Text Amendment process. Notably, Specific Plan No. 13 distinguishes between minor and major amendments to its development regulations. A minor amendment is: [A] simple amendment to the Exhibits and/or text and determination of similar land uses as described on Exhibit 11A, Permitted Uses Chart which does not change the meaning or intent of the Specific Plan. (Specific Plan 13, Section 2.0.) Minor modifications may be accomplished administratively by the Director of Planning with written notification to the City Council, Planning Commission, and City Administrator. Presumably, any modifications other than minor modifications are major modifications, which are defined as "amendments to the Exhibits and/or text that are intended to change the meaning or intent of the Development Concept, Design, Guidelines, or Development Regulations." ' All future references are to Specific Plan No. 13 as amended by City Council on April 17, 2006. Penelope Culbreth-Graft • Page 2 4/24/2006 • (Specific Plan 13, Section 2.0.) Major modifications require a Zoning Text Amendment and action by the Planning Commission and City Council. Thus, Specific Plan No. 13 provides the Director of Planning with the discretion to determine if a proposed modification to the Specific Plan is major or minor. In this way, the Director of Planning has the discretion to require a Zoning Text Amendment for some modifications while approving other modifications administratively. The Planning Department recently received a request for approval of a use proposed by Massage Envy at the Bella Terra Mall. The applicant's request states: Massage Envy is a national franchise that is revolutionizing relaxation by bringing massages to the masses through conveniently located clinics with readily available appointments. Massage Envy would like to occupy a 3,279 sq. ft. suite. Massage Envy is primarily a facility that provides massages by therapists (10 to 15) in 10-15 therapy rooms on an appointment only basis. The facility would be open 8:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on weekends. The facility is operated on a membership basis with a potential of 1200 to 1400 members. The membership is for 12 months. The applicant requests that the Director of Planning consider the use proposed by Massage Envy to be a use similar to a "Day Spa" which is listed as a permitted use on Exhibit 1IA to Specific Plan No. 13. Neither Specific Plan No. 13 nor the ZSO include a definition for "Day Spa". However, Chapter 5.24 of the Huntington Beach Municipal Code defines a "Massage Establishment" as a fixed place of business that has massages as 50 percent more of the activity carried on in the establishment. Finally, the ZSO classifies Massage Establishments as Sex Oriented Businesses. ISSUE: Is a determination that the use proposed by Massage Envy is similar to the permitted use for Day Spa, a minor modification to Specific Plan No. 13 subject to administrative approval by the Director of Planning? ANSWER: No. Considering the use proposed by Massage Envy to be similar to the permitted use as a Day Spa would be inconsistent with the intent of Specific Plan No. 13, and therefore is a major modification to Specific Plan No. 13. The stated Development Concept for the Bella Terra Mall provides for a planned retail, dining and entertainment complex with a stated goal of creating a unique, high quality, visitor serving, g/mulvihi1U06memos/massage envy . • Penelope Culbreth-Graft Page 3 4/24/2006 retail/dining/entertainment complex. (Specific Plan No. 13, Section 3.10.) The applicable development regulations provide that if a use has not been specifically listed as being a permitted use then the Director of Planning may determine that the use is consistent with the intent of the Specific Plan, compatible with other permitted uses, and therefore, a minor modification. (Specific Plan No. 13, Section 4.1.) Any words, phrases, and terms not specifically defined in Specific Plan No. 13 shall have the same definition as used in the City of Huntington Beach Zoning and Subdivision Ordinance. (Specific Plan No. 13, Section 4.2.) In the absence of any definition for Day Spa within Specific Plan No. 13, existing regulations contained in the ZSO apply. Based on the use proposed by Massage Envy, the business is considered a Massage Establishment because the massage treatments exceed 50 percent or more of the activity carried on at the establishment.2 More importantly, once classified as a Massage Establishment, Massage Envy would be considered a Sex Oriented Business ("SOB") under the ZSO. Considering an SOB as a permitted use would change the now-stated intent of Specific Plan No. 13, which is to provide visitor serving, regional-commercial shopping setting and achieve a high quality in retail and entertainment design.3 Therefore, the decision to permit this use is not a minor modification. Rather, this decision triggers a significant policy consideration as to whether SOBs should be located within Specific Plan No. 13. RECOMMENDATION: We recommend a Zoning Text Amendment to Specific Plan No. 13 to provide a definition for "Day Spa" which is listed as a permitted use in Exhibit I1 A. Once this definition is provided, we also recommended that the City reconsider its current policy, as codified in the ZSO, to clssifx all Massage Establishments as Sex Oriented Businesses. ENNIFER MCGRATH, City Attorney 2 In fact, the proposal suggests that 100 percent of the activities carried on will be massage services. 3 We provide no comment as to whether this determination would also affect any of the Redevelopment Agency's commitment under the Owner Participation Agreement, which requires the development of a first-quality regional shopping center. g/mulvihill/06memos/massage envy Page 1 of 2 Fauland, Herb From: Fauland, Herb Sent: Tuesday, April 18, 2006 3:03 PM To: 'Eric Sahn' Subject: RE: Massage Envy Deputy City Administrator - Paul Emery @ 714-536-5482 City Attorney - Jennifer McGrath @ 714-536-5521 I believe you are mistaken. We are not processing the proposed use as a minor modification. We are processing as a Director's determination pursuant to Chapter 2 0 and Permitted Use Chart - Exhibit 11A of the Crossings Specific Plan -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent: Tuesday, April 18, 2006 9:49 AM To: Fauland, Herb Subject : RE: Massage Envy Herb: Actually, I was interested in who in the Administrator's office or City Attorney's office is working on this. I thought (correct me if I am mistaken) that your office was OK with making a minor modification amendment to the Specific Plan to allow this use. The Specific Plan allows the Director the discretion to make such an amendment. So, is someone in Administration trying to decide that the proposed language is or is not an allowed minor modification amendment? Whom should I be talking with? Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@dtmcapital corn From: Fauland, Herb [mailto:hfauland@surfcity-hb.org] Sent : Tuesday, April 18, 2006 6:28 AM To: Eric Sahn Cc: Hess, Scott Subject : RE: Massage Envy Please call. Scott Hess, Planning Manager @ 714-536-5554 -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent : Monday, April 17, 2006 2:47 PM To: Fauland, Herb Subject : RE: Massage Envy Who can I speak to about this? 5/2/2006 Page 2 of 2 Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@dtmcapital corn From: Fauland, Herb [mailto:hfauland@surfcity-hb.org] Sent: Monday, April 17, 2006 1:48 PM To: Eric Sahn Subject : RE: Massage Envy Administration has sought a legal opinion of the proposed use. I'm told that an opinion will be made by this week. The Planning Department will not approve the use without concurrence from Administration and the City Attorney's Office. -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent: Monday, April 17, 2006 12:18 PM To: hfauland@surfcity-hb.org Subject: Massage Envy Herb: What is the status on this? If the City Administrator does not respond at all, will you issue an approval letter? When would you do this? Thanks. Eric Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@djmcapital corn 5/2/2006 - • • Page 1 of 2 Fauland, Herb From: Fauland, Herb Sent: Thursday, April 06, 2006 4:05 PM To: 'Eric Sahn' Subject: RE: Bella Terra - Massage Envy Eric, Your welcome! The previous email was prepared but never sent based on notification that the last operator pulled out This is our first email notification to Administration on our department's determination of the proposed day spa use. I have been told that the City Attorney is being asked to look into the issue. When we are notified of the determination by Administration I'll let you know Herb -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent: Thursday, April 06, 2006 2:27 PM To: Fauland, Herb Subject : RE: Bella Terra - Massage Envy Herb: Thanks for taking care of this. I assume based on our last conversation that Planning Staff is taking the careful approach by notifying Administration prior to taking action that is otherwise determined to be at your discretion under the Specific Plan. I thought you told me that you previously issued a letter to Administration on this and they did not respond at all. Is that correct? Is this your second letter to Administration on this same use? Eric Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@dtmcapital corn From: Fauland, Herb [mailto:hfauland@surfcity-hb.org] Sent : Wednesday, April 05, 2006 6:21 AM To: Eric Sahn Subject: RE: Bella Terra - Massage Envy The issue was sent to Administration yesterday with no response so far I'll let you know the outcome as soon as I get a reply -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent : Monday, April 03, 2006 3:45 PM To: hfauland@surfcity-hb.org Subject : Bella Terra - Massage Envy 5/2/2006 • • Page 2of2 Herb: Below is my earlier e-mail to the incorrect address. Everything is the same with respect to the previous request for a Minor Text Amendment for the Bella Terra Specific Plan, except that the franchisee/operator will be Gregory & Christine Sieger. Following was my proposed Minor Text Amendment language: The Permitted Uses Chart - Exhibit 11 A - Would add a footnote to "Day Spa" that would say the following. For purposes of this Specific Plan, Day Spa use shall also include a massage parlor use, provided it is operated on a monthly membership basis, within a space no greater than 3,500 square feet, and is operated under a national franchise containing no less than 50 locations across the country in high quality retail shopping centers. Thank you. From: Eric Sahn Sent : Monday, March 27, 2006 1:39 PM To: 'hfalund@surfcity-hb.org' Subject : Bella Terra - Massage Envy Herb: I resurrected the deal with Massage Envy. Please confirm for me that the Director will approve the use pursuant to the Specific Plan with no further application or process required. Thank you. Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@djmcapital corn 5/2/2006 Fauland, Herb From: Fauland, Herb Sent: Thursday, April 06, 2006 3:55 PM To: Culbreth-Graft, Penelope Subject: RE: Director's Determination - Permitted Uses OK -----Original Message----- From: Culbreth-Graft, Penelope Sent : Thursday, April 06, 2006 3:38 PM To: Fauland, Herb Cc: Emery, Paul Subject : RE: Director's Determination - Permitted Uses Herb I've asked Jennifer to take a look at the definition issue for this Would you hold on this until I can get her perspective? Thanks Penny ----- Original Message----- From: Fauland, Herb Sent: Tuesday, April 04, 2006 1:53 PM To: Culbreth-Graft, Penelope; Emery, Paul Cc: Zelefsky, Howard; Hess, Scott; James, Jane Subject: Director's Determination - Permitted Uses The Planning Department is notifying you that the following determination is ready to be made by the Planning Department/Planning Director pursuant to Chapter 2.0 and Permitted Use Chart - Exhibit 11A of The Crossings Specific Plan (#13). Please let the Planning Department know when to take action on the recommendation and let the applicant know if the use is or is not permitted. USE: APPLICANT: PROPERTY OWNER: Day Spa Eric Sahn, DJM Capital Partners/Gregory & Christine Sieger (Massage Envy) DJM Capital Partners, Inc. 109 South La Cumbre Lane Santa Barbara, CA 93105 REQUEST: To permit a day spa at Bella Terra (Request for a Certificate of Occupancy) LOCATION: Bella Terra - 7777 Edinger Ave. Suite E-1 10 PLANNER: Counter Staff RECOMMENDATION: Permit Massage Envy (day spa) as a permitted use at Bella Terra Background Information: The Planning Department has received a request to permit Massage Envy at Bella Terra. The applicant states that the use should be considered a" day spa" which is listed as a permitted use in The Crossings Specific Plan (Exhibit #11A). The applicant's project narrative states the following: Message Envy is a national franchise that is revolutionizing relaxation by bringing massages to the masses through conveniently located clinics with readily available appointments. Massage Envy would like to occupy a 3, 279 sq. ft. suite. Massage Envy is primarily a facility that provides massages by therapists (10-15) in 10-15 therapy rooms on an appointment only basis. The facility would be open 8:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on weekends. The facility is operated on a membership basis with the potential of 1,200 - 1,400 members. The typical membership is for 12 months. The HBZSO and The Crossings Specific Plan do not define "day spa." The HB Municipal Code defines massage establishments with more than 50% of the floor area devoted to massage as a sex oriented 1 business and only permitsouch uses in the industrial zoned areas of thity based on locational criteria. 2 • • Page 1 of 2 Fauland, Herb From: Eric Sahn [eric@djmcapital.com] Sent: Thursday, April 06, 2006 2:27 PM To: Fauland, Herb Subject: RE: Bella Terra - Massage Envy Herb: Thanks for taking care of this. I assume based on our last conversation that Planning Staff is taking the careful approach by notifying Administration prior to taking action that is otherwise determined to be at your discretion under the Specific Plan. I thought you told me that you previously issued a letter to Administration on this and they did not respond at all. Is that correct? Is this your second letter to Administration on this same use? Eric Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@dtmcapital corn From: Fauland, Herb [mailto:hfauland@surfcity-hb.org] Sent : Wednesday, April 05, 2006 6:21 AM To: Eric Sahn Subject : RE: Bella Terra - Massage Envy The issue was sent to Administration yesterday with no response so far. I'll let you know the outcome as soon as I get a reply. -----Original Message----- From: Eric Sahn [mailto:eric@djmcapital.com] Sent: Monday, April 03, 2006 3:45 PM To: hfauland@surfcity-hb.org Subject : Bella Terra - Massage Envy Herb: Below is my earlier e-mail to the incorrect address. Everything is the same with respect to the previous request for a Minor Text Amendment for the Bella Terra Specific Plan, except that the franchisee/operator will be Gregory & Christine Sieger. Following was my proposed Minor Text Amendment language: The Permitted Uses Chart - Exhibit 11 A - Would add a footnote to "Day Spa" that would say the following: For purposes of this Specific Plan, Day Spa use shall also include a massage parlor use, provided it is operated on a monthly membership basis, within a space no greater than 3,500 square feet, and is operated under a national franchise containing no less than 50 locations across the country in high quality retail shopping centers. 5/2/2006 Page 2 of 2 Thank you. From: Eric Sahn Sent : Monday, March 27, 2006 1:39 PM To: 'hfalund@surfcity-hb.org' Subject : Bella Terra - Massage Envy Herb: I resurrected the deal with Massage Envy. Please confirm for me that the Director will approve the use pursuant to the Specific Plan with no further application or process required. Thank you. Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@djmcapital corn 5/2/2006 Fauland, Herb From: Fauland, Herb Sent: Tuesday, April 04, 2006 1:53 PM To: Culbreth-Graft, Penelope; Emery, Paul Cc: Zelefsky, Howard; Hess, Scott; James, Jane Subject: Director's Determination - Permitted Uses The Planning Department is notifying you that the following determination is ready to be made by the Planning Department/Planning Director pursuant to Chapter 2.0 and Permitted Use Chart - Exhibit 11A of The Crossings Specific Plan (#13). Please let the Planning Department know when to take action on the recommendation and let the applicant know if the use is or is not permitted. USE: Day Spa APPLICANT: Eric Sahn, DJM Capital Partners/Gregory & Christine Sieger (Massage Envy) PROPERTY OWNER: DJM Capital Partners, Inc. 109 South La Cumbre Lane Santa Barbara, CA 93105 REQUEST: To permit a day spa at Bella Terra (Request for a Certificate of Occupancy) LOCATION: Bella Terra - 7777 Edinger Ave. Suite E-1 10 PLANNER: Counter Staff RECOMMENDATION: Permit Massage Envy (day spa) as a permitted use at Bella Terra Background Information: The Planning Department has received a request to permit Massage Envy at Bella Terra. The applicant states that the use should be considered a" day spa" which is listed as a permitted use in The Crossings Specific Plan (Exhibit # 11A). The applicant's project narrative states the following: Message Envy is a national franchise that is revolutionizing relaxation by bringing massages to the masses through conveniently located clinics with readily available appointments. Massage Envy would like to occupy a 3, 279 sq. ft. suite. Massage Envy is primarily a facility that provides massages by therapists (10-15) in 10-15 therapy rooms on an appointment only basis. The facility would be open 8:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on weekends. The facility is operated on a membership basis with the potential of 1,200 - 1,400 members. The typical membership is for 12 months. The HBZSO and The Crossings Specific Plan do not define "day spa." The HB Municipal Code defines massage establishments with more than 50% of the floor area devoted to massage as a sex oriented business and only permits such uses in the industrial zoned areas of the City based on locational criteria. 1 Fauland, Herb From: Fauland, Herb Sent: Thursday, April 06, 2006 11:31 AM To: Zelefsky, Howard Cc: Hess, Scott Subject: RE: Director's Determination - Permitted Uses no ----- Original Message----- From: Zelefsky, Howard Sent : Thursday, April 06, 2006 11:21 AM To: Fauland, Herb Subject : RE: Director's Determination - Permitted Uses Any response? -----Original Message----- From: Fauland, Herb Sent: Tuesday, April 04, 2006 1:53 PM To: Culbreth-Graft, Penelope; Emery, Paul Cc: Zelefsky, Howard; Hess, Scott; James, Jane Subject: Director's Determination - Permitted Uses The Planning Department is notifying you that the following determination is ready to be made by the Planning Department/Planning Director pursuant to Chapter 2.0 and Permitted Use Chart - Exhibit 11A of The Crossings Specific Plan (#13). Please let the Planning Department know when to take action on the recommendation and let the applicant know if the use is or is not permitted. USE: Day Spa APPLICANT: Eric Sahn, DJM Capital Partners/Gregory & Christine Sieger (Massage Envy) PROPERTY OWNER: DJM Capital Partners, Inc. 109 South La Cumbre Lane Santa Barbara, CA 93105 REQUEST: To permit a day spa at Bella Terra (Request for a Certificate of Occupancy) LOCATION: Bella Terra - 7777 Edinger Ave. Suite E-110 PLANNER: Counter Staff RECOMMENDATION: Permit Massage Envy (day spa) as a permitted use at Bella Terra Background Information: The Planning Department has received a request to permit Massage Envy at Bella Terra. The applicant states that the use should be considered a" day spa" which is listed as a permitted use in The Crossings Specific Plan (Exhibit #11A). The applicant's project narrative states the following: Message Envy is a national franchise that is revolutionizing relaxation by bringing massages to the masses through conveniently located clinics with readily available appointments. Massage Envy would like to occupy a 3, 279 sq. ft. suite. Massage Envy is primarily a facility that provides massages by therapists (10-15) in 10-15 therapy rooms on an appointment only basis. The facility would be open 8:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on weekends. The facility is operated on a membership basis with the potential of 1,200 - 1,400 members. The typical membership is for 12 months. The HBZSO and The Crossings Specific Plan do not define "day spa." The HB Municipal Code defines massage establishments with more than 50% of the floor area devoted to massage as a sex oriented business and only permits such uses in the industrial zoned areas of the City based on locational criteria. 1 Page 1 of 1 Santos, Ron From: Eric Sahn [eric@djmcapital com] Sent: Wednesday, November 23, 2005 1206 PM To: Rsantos@surfcity-hb org Subject: Bella Terra - Huntington Beach Ron, I am the Vice President of Bella Terra Associates, LLC, responsible for most of the ongoing leasing at the property. We are very excited to have Massage Envy at the property. This store concept has been very successful at many of the high-end malls and lifestyle centers, and we believe this use will be a good fit for the tenancy of the west side of the property. Their concept is fresh and will draw the demographic we believe is essential to the center's success. We just completed negotiating the terms of an LOI with Rich Ratkelis (franchisee) and Massage Envy (franchisor). We are already preparing a lease in anticipation of ultimate approval. We're looking forward a favorable outcome from this IPZR review that will clear the way for Massage Envy to become a tenant in Bella Terra. Bella Terra Associates, LLC Eric Sahn DJM Capital Partners, Inc. 60 South Market Street Suite 1120 San Jose, CA 95113 (408) 271-0366 (408) 271-0377 - Fax esahn@djmcapital corn 11/28/2005 ASSEMoRo@T Hoa wCum eons 813 50 OWASTOnACWMCIMR ASSUMES ARY IIARIM FM 011EA 1BF& 0COP Ruff ORAJIOR c00 RY V Ae 11 MARCH /966 N. 1/2, SE. /14, SEC. /4, T. 5S , R. //W. 27 05 MC FADDEN •$ / / -A y 14 //PAC AR 5 •PAR/1•©3 ® } B Aq4 gob P.M 81-12 46 16 L074C 15 , ro 320 R 3 /03-49 N. .w 417 ,1,. O/AC 342 ..l re'18 P.N. 144-312.//AC wln CENTER ueo• nxV AVENUE PAR I 12 w 370040 07 TR. NO.5/94 N .M. 2//9-24, 25 PARCEL MAP PM 81-12.144 -31179-07 ooYr• INa 19 = NOTE. ASSESSOR'S BLOCK a PARCEL M/MBERS SHOWN IN CIRCLES 06 AVENUE 5 6 R £3 B S H W I!1' 142- 34 -E. 1/4 CDR. SEC. 14-541. ASSESSOR'SIMAP ROOK142 PAGE 34 O COUNTY OF ORANGE