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HomeMy WebLinkAboutCUP 92-32 Appeal Withdrawn Sue Wan Bae - Huntington Execu City of Huntington Beach i 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF COMMUNITY DEVELOPMENT m � a z -r Building 536-5241 cry Planning 536-5271 - M Housing 536-5271 ow r- - _ yo S� - March 12, 1993 r CID w Paul G. Mast 1300 Dove Street, Suite 200 Newport Beach, CA 92660 Subject : APPEAL TO THE PLANNING COMMISSION'S DENIAL - CONDITIONAL USE PERMIT NO. 92-32 - 16062 BEACH BOULEVARD Dear Mr. Mast : On October 28, 1992, a letter was sent to you advising that the appeal to the City Council which you filed relative to Conditional Use Permit No. 92-32 to permit a massage business, would be held in abeyance until new property owner authorization was submitted or until a letter withdrawing the appeal was received. Please be advised that on March 26, 1993 the Planning Commission' s action will be considered "final, and no further action will be taken on the matter. Sincerely, usan Pierce /Associate Planner v Cc: City Clerk SP: lp (6120d) City of Huntington Beach 2000 MAIN STREET CALI FORNIA 92648 �;� �•; DEPARTMENT OF COMMUNITY DEVELOPMENT Building 536-5241 Planning 536-5271 Housing 536-5271 October 281, 1992 Paul G. Mast 1300 Dove Street, Suite 200 Newport Beach, CA 92660 Subject : APPEAL TO THE PLANNING COMMISSION' DENIAL - CONDITIONAL USE PERMIT NO. 92-32 - 16062 BEACH BOULEVARD Dear Mr . Mast : Please be advised that I have received notice from the property owner terminating authorization for Su Wan Bae to obtain a conditional use permit for the relocation of his business to 16062 Beach Boulevard. Your appeal to the Planning Commission' s denial of Conditional Use Permit No . 92-32 will be held in abeyance until new authorization from the property owner is submitted or until the appeal is withdrawn. 4ely, .. Susan Pierce Associate Planner SP: lp (4.915d) M� , CITY OF HUNTI TON BEACH TO: DEPARTMENT DATE ❑ For your approval. ❑ Per your request. ❑ For your signature. ❑ For your information. ❑ Take appropriate action. ❑ Prepare reply for my signature. ❑ Return with more details. ❑ Answer. ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file. Please call: TELEPHONE Mr. Mrs. paj Miss TIME CALL DATE CALL)ID TELEPHONE NO. r a �3 ESS GE yv PP- � 72 - /Z"5 7 FROM: DEPT. TRANS ITTAL AND TELEPHONE SLIP RECEIVED CITY CLERK 07-ov-4;1" Paul G. Mast ti-Ty OF Attornev at Law RUNTING7114 11011 Dove Street, Suite 2011 Newport Reach.. California 926611 (714) 752-1312 Fax: (714) 831-7934 Mobile and Voice Mail: (714) 267-1138 Judge Paul G. Mast (Ret.) October 8, 1992 City Clerk City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Re: Appeal to the City Council of Denial of CUP Application 92-32 Dear City Clerk: I am the Attorney for the Applicant, Su Wan Bae, in reference to the above CUP application. This will serve as notice that the Applicant hereby appeals the denial of the application by the Planning Commission. Enclosed is a filing fee of $500. ;Ver r I ours, YOU aul Z- sta 10/18/1992 19:27 714831' '4 • PAGE 01 t Paul G. Mast Attorney at Law C-) 1301) Dove Street, Suite 200 Newport Reach. California 92660 Lo rn (714) 752-1312 ""' o;-'Z Fax: (714) 831-7934 n r"p Mobile and Voice Mall: (714) 267-1138 ? '° a N T Judge Paul G. Mast (Rot.) October 16, 1992 City Clerk City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Re: Appeal from a denial of Conditional Use Permit No,: 92-32 Applicant Sue Wan Bae Dear City Clerk: o This is a supplement to my former letter appealing the denial of the above referenced Conditional Use Permit. The grounds of the appeal are that Sue Wan Bae qualifies in every respect for a Conditional Use Permit. The analysis of the Planning Department concluded that the Conditional Use Permit should be granted and the Planning Department recommended granting the permit. During the hearing before the Planning Commission, Planning Richardson stated that an employee had been "cited" for prostitution gin July, 1991 bar the present location of Mr. Bae's business at Adams and Magnolia ` at Beach. This could not be refuted at the time, as there was no kn leIn Huntington part Of Mr. Bae or myself. Based on that unsubstan i dge of this on the Planning Commission denied the permit. t ated hearsay allegation, the My investigation since that date has indicated that no e arrested in July, 1991 , or at any other time person had either been cited or establlshment. I have found, from the Huntington Beach Poince lice Bae has owned the is a report that has been undisclosed prior to this °lice Department, that there highly suspect, alle lit s time, and whose truthfulhes ' at all, it was kept sacra by dCt of prostitdtion in July, 1991. If that is y the Police Department. No arrest or citation w s any merit on the basis of it, and no notification of Mr. Bae was ever remedial action. It is the policy of,n,�rr - - none has 'LO tarrninate that employee immediately.that if any illegal actiivi y were tooccur and Y It appears that the basis forthe un'substarl ' +ed charge-.beingl Commission by unknown officers 'the, i e sad on the � brought #o the Planning - ethnic origin of Mr. Bae. Very truly yours, _ ' dui ast. - Paul G. Mast Attorney at Law 1300 Dove Street, Suite 200 Newport Beach, California 92660 (714) 752-1312 Fax: (714) 831-7934 Mobile and Voice Mail: (714) 267-1138 o = c� c Judge Paul G. Mast (Ret.) � October 16, 1992 rn :4"<C1 City Clerk Q r o to --rrp City of Huntington Beach 2000 Main St. A Huntington Beach, CA 92648 N Re: Appeal from a denial of Conditional Use Permit No.: 92-32 Applicant Sue Wan Bae Dear City Clerk: This is a supplement to my former letter appealing the denial of the above referenced Conditional�Use­Permit. The g`rouPid'si o-#tthOeja'p'pea`:I`are tl at�Su".eaWan`B'a-e qU8 ifies in.evey.r+espect4or a t , Condifiona!wUsePPerrnif: 7h646a'lysi9 ofthe-Plara.hfih'g,Departments-'onclud.ed that:.the. Conditional Use Permit should be granted and the Planning Department recom-MYenddd`granti-ng 916 permit' During--the hearing before the*Planning Commission, Planning Commissioner Richardson stated-thatan employee had been "cited" for prostitution in July; 1991, at the-peeserit location of-Mr:- Bae's business at Adams and Magnolia in Huntington Beach.-This could=not be refuted at the time; as there was no knowledge of this on the part of-Mr. Bae or-myself.- Based on that unsubstantiated hearsay allegation, the Planning Commission-denied the permit. My investigation since that date has indicated that no person had either been cited or arrested in July, 1991 or at any other time since Mr. Bae has owned the establishment. I have found, from the Huntington Beach Police Department, that there is a report that:has been undisclosed prior to this time, and whose truthfulness is highly suspect, alleging an act of prostitution in July, 1991. If that report has any merit at all, it was kept secret by the Police Department. No arrest or citation was ever made on the basis of it, and';no.notification of Mr. Bae was ever made so that he could take remedial.action:- It is the policy of Mr. Bae that if any illegal activity were to occur - and 'none has=="to terniiriate th6t'e`m016yee immediately. ` t.(i`.21y.i :i .`'� rC1n vi.i!.;(; ; 1iF,`•i!�i�� 1�^,: :a ll! - ..:.+�� ... ri' +i!I;ILI Gricy .f ,. . `Itfappears'tliat the basis fo"r the' l'msubstan ' ted� ge'-.;be*rgib Conrmisslon=by=uriknowhn-&icers-of3th f it .!i�"'b 'sed on the:ethnic=origin:o.fl-Mr:.,Bae± i Very truly-yours, aul G. ast Hu'ntlngton Executive Parr _ October 21 , 1992 Attn: Susan Pierce Community Development Department CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Dear Susan, I.n regard to the application to the Planning Commission by Su Wan Bae for relocation of their existing business to a location in Huntington Executive Park, we request that you terminate our approval of the application as land owner. We had allowed a period of time for their approval to be obtained and this time has elapsed and also the application has been denied by the City. We consider the lease to be terminated and the matter closed. For your information we are enclosing copies of our letters on the subject to Su Wan Bae. Please acknowledge your acceptance of this termination for our files . We appreciate your cooperation and service in the entire process and we are very , satisfied with the sincere efforts put forth by the city departments. A ours, Dodg resen . EJD/ksb enclosure(s) 16168 Beach Boulevard • Suite 200 Huntington Beach, California 92647 • (714) 847-2531 • ® SENDER: Complete items 1 and wen additional services are desired. and complete 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do tars will prevent the from being returned to you.The return recei t fee will provide you the name of tn:,person delivered i the date of deliver . For addruonal ees the ollowrng services are available. onsDl postmaster fc Huntington and check boxiest or additional , date, requested. 1. �OShow to whom delivered, date, and addressee's address. 2. C Restricted Delivery _' (Extra charec) (Eura.-Irarge) 3. Article Addressed td: 4. Article Number Executive SJ nWan G G-e2)6� 4' ,J n Type of Service: qLq i S.t S h`n A Ave- ❑ Registered ❑ Insured f Certified ❑ COD Park kQl t It°� �3 Return Rece (i V n VG Express Mail E Refor urn Recn Always obtain signature of addressee or agent and DATE DELIVERED. 5. Si 7z�� Addressee 8. Addressee's Address (0:1'Ll'i; October 12 , 1992 x requested and jee paid) , 6. SigTature Age. X 7. Date of Delivery Su Wan Bae PS Form 3811, ADr. 1989 •U.S.G.P.O.I989-23B•8t5�r; DOMESTIC RETURN R 9481 Siskin Ave . - - -- ---- - -- - - - - ---- �"• -- -- - _ Fountain Valley, CA 92708 RE: LEASE - 16062 BEACH BLVD. HUNTINGTON BEACH, CA Dear Sir: The above referenced Lease was executed June 9 , 1992 between yourself and HUNTINGTON EXECUTIVE PARK. As consideration for Tenant' s requirement to obtain a Use Permit, Landlord agreed to allow Tenant up to a maximum of four (4) months to obtain said permit and any city licensing. The four month period ended October 9 , 1992 . Therefore, Landlord does hereby exercise its right to terminate the Lease, as provided in paragraph 2 of Addendum 1 to Lease. Thank you for your interest in HUNTINGTON EXECUTIVE PARK. Regards, Dorothy Drobnak Director of Properties DD/kb Huntington E xec u tine Pork October 14, 1992 . Su Wan Bae 9481 Siskin Ave. Fountain Valley, CA 92708 RE: 16062 Beach Blvd. Huntington Beach, CA Dear Sir, Enclosed is our check .#3248 dated October 14th , 1992 in the amount of $3 , 360 . 00 . This check is a return of your security deposit and 1st month's rent paid with the lease . Regards , Dorothy Drobnak Director of Properties DD/kb enclosure 16168 Beach Boulevard • Suite 200 Huntington Beach, California 92647 (714) 847-2531