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HomeMy WebLinkAboutZA Action 08-009ZONING ADMINISTRATOR ACTION 08-009 CONDITIONAL USE PERMIT 08-016 13011 NEWPORT AVENUE, SUITE 110 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. A proper application was filed by Katerina Bisbikis-Kiousis requesting authorization to provide massage services in conjunction with an existing beauty salon within a retail center known as LaFayette Plaza, located at 13011 Newport Avenue, Suite 110. B. The site is designated as Community Commercial by the City General Plan and is zoned Central Commercial (C-2), which provides for a mixture of office and commercial land uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. The site is improved with commercial uses, which are authorized by the C- 2 zoning designation. D. Tustin City Code Section 9233c(I) authorizes massage. establishments in C-2 districts with the approval of a Conditional Use Permit. E. That a public hearing was duly called, noticed, ands held for Conditional Use Permit 08-016 on October 20, 2008, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: The proposed massage services are ancillary to the existing salon use and shall remain as an ancillary use to the existing beauty salon. 2. The proposed massage services can be accommodated, by the existing number of retail parking spaces required for the salon. 3. The proposed massage services would be provided by appointment only during the business hours of the beauty salon when the business owner or manager are on-site and beauty salon services are being offered and/or performed. Zoning Administrator Action 08-009 CUP 09-016 Page 2 4. Appropriate conditions are included to ensure compliance with the regulations for massage establishments and technicians as set forth in TCC Sections 3621 et seq. and representations by the applicant and ensure compatibility with the surrounding commercial and residential uses. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 08-016 authorizing massage services in conjunction with an existing salon within a retail center located at 13011 Newport Avenue, Suite 110, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 20th day of October, 2008. ~~~ ~~~ ELOISE H IS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) DANA OGDON ACTING ZONING ADMI TRATOR I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 08-009 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of October, 2008. ~tiLci ELOISE RIS RECORDING SECRETARY EXHIBIT A -ZONING ADMINISTRATOR ACTION 08-009 CONDITIONAL USE PERMIT 08-016 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform with Tustin City Code Section 3621 et seq. and the submitted plans for the project on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of the Zoning Administrator Action. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 08-016 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 Conditional Use Permit 08-016 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 08-016, or is found to be a SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Conditions of Approval ZA Action 08-009 -Exhibit A CUP 08-016 Page 2 nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 08-016, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (***) 2.1 The facility must remain primarily as a beauty salon and spa with massage services offered as an ancillary use. Massage services may only occur when the primary beauty salon activities are occurring and when the business owner or manager is on-site. Massage services may be offered by appointment only. The salon and proposed accessory massage business hours are limited to the following: Business Hours Sunday Monday Tuesday Wednesday Thursday Friday Saturday Closed Closed 8:30 AM - 7:00 PM 8:30 AM - 7:00 PM 8:30 AM - 7:00 PM 8:30 AM - 7:00 PM 8:30 AM - 7:00 PM The type of services, business hours, number of rooms, floor plan, or number of employees performing massage services shall not be modified without written approval of the Community Development Department. (***) 2.2 Prior to providing massage services, the applicant shall obtain a massage operator permit and all technicians shall obtain a massage technician permit. Conditions of Approval ZA Action 08-009 -Exhibit A CUP 08-016 Page 3 ***) 2.3 This approval shall become null and void if the use is discontinued or abandoned for twelve (12) months or more. (***) 2.4 No person shall enter, be, or remain in any part of the facility while in the possession of, consuming, or using alcoholic beverages or drugs except as pursuant to a prescription for such drugs. The owner, and/or operator, and/or responsible managing employee, and/or manager, and/or licensees shall not permit any person in violation of this condition to enter or remain upon the premises. (1) 2.5 The customer entrance door shall remain unlocked during business hours. The room where massage services are performed shall not be equipped with any locking devices on the door(s). (1) 2.6 The applicant, and any subsequent massage operator at this location, shall ensure that any massage establishment, massage operator, or massage technician operating out of this location is in compliance with all local, state and federal regulations, as may be updated overtime, for massage establishments, massage operators, and massage technicians. (1) 2.7 The owner, and/or operator, and/or responsible managing employee, and/or manager, and/or licensees of the facility shall cooperate fully with all City officials, law enforcement personnel, and Code Enforcement officers and shall not obstruct or impede their entrance into the licensed premises while in the course of their professional duties. (1) 2.8 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. FEES (1,5) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Conditions of Approval ZA Action 08-009 -Exhibit A CUP 08-016 Page 4 Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1) 3.2 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department.