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HomeMy WebLinkAboutCUP 08-012Inter-Com ~~ DATE: OCTOBER 27, 2008 ~_~ \ , f TO: ZONING ADMINISTRATOR ~~~' ~~~, FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 08-012 PROPERTY DR. VICTOR VALDEZ OWNER: 181 EL CAMINO REAL, SUITE B TUSTIN, CA 92780 APPLICANT: MIRNA FIRANDA SKIN THERAPIES 181 EL CAMINO REAL, SUITE A TUSTIN, CA 92780 LOCATION: GENERAL PLAN: ZONING: ENVIRONMENTAL STATUS: REQUEST: RECOMMENDATION 181 EL CAMINO REAL, SUITE A OLD TOWN COMMERCIAL C-2 P (CENTRAL COMMERCIAL, PARKING OVERLAY) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 (EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO PROVIDE ANCILLARY MASSAGE SERVICES IN CONJUNCTION WITH AN EXISTING BEAUTY SALON That the Zoning Administrator adopt Zoning Administrator Action No. 08-010 approving Conditional Use Permit (CUP) 08-012. BACKGROUND The applicant is requesting approval to provide massage services in conjunction with an existing beauty salon and spa located at 181 EI Camino Real (Attachment A -Location Map). Zoning Administrator Report CUP 08-012 Page 2 Tustin City Code Section 9233c(I) authorizes massage establishments in the Central Commercial (C-2) district subject to a conditional use permit. The subject property is also located within the Parking Overlay district (P). Pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor conditional use permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request does not alter the original intent of the project/site. The proposed project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 08-012. In addition, the proposed accessory massage use is required to comply with the requirements of TCC Sections 3621 - 3628. On September 28, 1992, the Tustin Planning Commission approved Resolution No. 3094, for Conditional Use Permit 92-032, which authorized up to 100 percent office uses at the site, but allows the subject suite to be leased to commercial/retail uses at the property owner's discretion. Resolution No. 3094 also granted Variance 92-007 which authorized a reduction in the required amount of parking at the site from 19 to 15 spaces. DISCUSSION Site and Surrounding Properties The property is located between First and Second Streets on EI Camino Real in Old Town Tustin. The existing beauty salon, approximately 1100 square feet in floor area, is located in a single story office/commercial building known as EI Paseo Plaza. The subject tenant suite fronts on to EI Camino Real and is currently occupied by Skin Therapies; the tenant suite towards the rear of the property is currently occupied by Cornerstone Family Dentistry (Attachment B -Submitted Plans). The subject property is located in the Old Town commercial core, surrounded by Acorn Naturalists directly to the north, a vacant retail building (formerly Ridgeway Cleaners) at the south, a small office building and a vacant lot directly across EI Camino Real to the west, and atwo-story office building fronting on Prospect Avenue at the east. Project Description The applicant is proposing to add massage services to the existing Skin Therapies salon. The existing beauty salon provides skin care services, specifically facials, microdermabrasions, and waxing. The applicant has indicated that the salon will employ one (1) esthetician to perform skin treatments and one (1) massage therapist to perform massage work. The existing tenant suite is divided into multiple rooms including: reception area, one (1) facial room, one (1) proposed massage room, two (2) bathrooms (one (1) handicap accessible), and makeup and product floor areas (Attachment B -Submitted Plans). No tenant improvements are proposed in association with this application. The proposed business hours are as follows: Zoning Administrator Report CUP 08-012 Page 3 Business Hnurc Sunday Monday Tuesday Wednesday .Thursday Friday Saturday Closed Closed 11:00 AM - Closed 11:00 AM - 11:00 AM - 9:00 AM - 6:00 PM 6:00 PM 4:00 PM 3:00 PM Section 3626 of the Tustin City Code ("Massage Establishment Regulations") specifies that no massage operator permit shall be granted unless the massage establishment is in compliance with minimum standards for lighting, ventilation, sterilization, cleanliness and maintenance of the facility. Additionally, adequate facilities must be provided for bathing, dressing, drying, etc. The applicant has submitted a written explanation of how each of the subsection requirements of TCC Section 3626 will be met for the proposed massage establishment (Attachment B -Submitted Plans). Parking The project proposal is to add massage services as an ancillary use to an existing service-commercial business. No physical changes are proposed in conjunction with the project. Since neither a change in use nor additional square footage is proposed, no additional parking is required. Additionally, Variance (VAR) 92-007 authorized a reduction in the amount of required spaces at the subject site to 15 parking spaces provided on site. Therefore, the existing parking provided on site is sufficient to accommodate the proposed massage establishment. Licensing Requirements Subject to the approval of the conditional use permit, the applicant will be required to obtain a Massage Operator Permit and each massage technician will be required to obtain a Massage Technician Permit in accordance with TCC Sections 3621 et seq. prior to the commencement of the massage use. As required by TCC Sections 3621 et seq., the applicant and all technicians will be required to fulfill a number of requirements related to providing identification and qualifications for providing massage services. ANALYSIS In determining whether to approve the Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: The proposed massage services are ancillary to the existing salon use and shall remain as an ancillary use to the existing beauty salon. Zoning Administrator Report CUP 08-012 Page 4 2. The proposed massage services can be accommodated by the existing number of retail parking spaces required for the salon. Variance 92-007 approved a reduction in the amount of required parking stalls for the subject property to the 15 stalls currently provided on the site. 3. The proposed massage services, as conditioned, 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. 4. The Police Department (Special Investigations Unit) has conducted a routine background check and on-site investigation and has no concerns regarding the project as proposed. 5. 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. Reina Kapadia Associate Planner Attachments: A. Location Map B. Submitted Plans C. Zoning Administrator Action (ZAA) 08-010 S:\Cdd\ZAREPORT\2008\CUP 08-012 (Massage 181 ECR).doc Attachment A Location Map LOCATION MAP PROJECT NO.: CUP 08-012 ADDRESS: 181 EL CAMINO REAL (MASSAGE ESTABLISHMENT AT SKIN THERAPIES SALON) - _- ~ d ~- ~ ix w z _ Q _--; vw<~. ~ . __ , - I~ _ _~ ~ ~F~x„w I o µ ~ ~ i I x ~ ' ~ - -r- - ---r~- ~ - - ~ ~ ~,_~ =n~ r_ ~~ '~ ~-H~, ~~~~,~ f - * 500° - ~ ~--~~~,~,~. T~ ~~F -, ~ ~~ ~ ~_ ~, .,1 - ~_ ._ -r », .~" sF__ ~~ ~-~-- -~ I . ~ _r~~.~~Y_ - ,~ T ~ ~ ~ ' f ' ~ f r ~ I i ) f I ~ ~ ~~ x 7' - _ - - ' 1 _ 1 ti~,,.. _ .L_ _ _ g, 1 ~ fCllma...ew~. ~c( I ~ ~ / 0~ ==~j6d6 1 ~ I ~ I ~ I ~ 1 , 1 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ I I 1 I I ~ Il11~ -. ~ ~.. i}I ''. f I ~ I V 1 ~ L I~ , 1 _; I ~ (~ I , i, //> _f'" ~ ~ 1 / 4, t ~ ~l ~ / L ffa~ f ~'~ 3 •~= ~~~'. _. `l Ia~.....Aw...cr _~. ~~~5535}t Attachment B Submitted Plans Vicinity Map Skin Therapies 181 EI Camino Real *~ Tustin, CA 92780 ' (714}730-1400 of ~~ ~v "'` "'t Se' ~--.,o..,...- ., Zk ~f ytttt9 f ~ ', F-L.O i7 R PLAN SCALE 1 ~~ = 20~ '1~t3ai DNtW~~ 't3 f _...._ ..._ ..._. _..,.._.,...,.~ ¢~ ~ f ~ ~~ R ..,. ... .a ~ ~ ~ ~ ...~ '..~~ ~.. ,.~,g;~ ,.~_._ # I ~ Z ? t ..«...,. ~ ~ Vi :n D ~__..~ _...__, m .~ ~ t ~ } W ~ -~ ; O ?rypO7 ~ ~ ~...e.P~-w.a.._._.._.._ ((( c.....~..._.r..,._.__.,__ __ . ,, ~. w ~_ E i.._ ,` ~ H ~ 1 ,} ~ m ~ < p oz`~~C~ =.~.~.~.wr._,_ : "'~oA'z~' ` .,, V ~ O r,,, ~ m ~ 7~t __.. j o ~ ~ ( #~ ~..~.w,:.~.~._w _~.__ _ --....._.~ .._._. _._..~_! ,~awi _j ~e0. ~w.,~_. ~, , _. ~ .~ . v? ., ~ ,... _ ~~ ~ 4J _~ w C tt A ~ F .. rrt c~ ' ~.._.~...~.a.~_~. ~ t+- . ~ j ~ w ..n...... r ttf 2 f..~ t F ~ ~ ,_~ e 5 - ~` t ..-3.,_ ~ .._.v . 'y w` :~ 3 ~. ~. ; { ~~CEIVEC~ AUG 2 6 2008 Ct~~4MUNlTt' DEVELOPMENT ~Y ~~ ~~ '\~ CdJ ,may Y~ Ct7 SKIN THERAPIES 4 8't EL CAMtN© REAL sutTE a TUSTtN, CA 927e~ t7 t 4I 730-1 4Ct0 Z -~ FLOOR PLAN SCALE 1/B" = 1' DESCRIPTION-NUMBER FOUR -RESTROOM- __ 4A. WASH BAl31N 4B. TOILET 4C. PAPER TOWELS 4D. HAND SOAP RoaM # DESCRIPTION SQUARE FEET TOTAL SQUARE FEET ~ RECEPTION AREA 21'X20'8. F. ^' 641 S.F.^' 2 FACIAL RaDM 1 O'X 1 O'B.F. 1 00 s.F.^' 3 MASSAGE ROOM 1 O'X 1 O'S.F. 1 00 S.F.^' LI. RESTRODM 5'x6' s. F. ^- 30 s. F. ^~ 5 MAKEUP AREA 1 O'X7' B. F. 70 S. F. 6 PRODUCT AREA 1 5'x9' S. F. ^- 235 s.F.^' 7 HANDICAP BATHROOM 7.5'X7' S. F.^~ 54 S. F.^~ TOTAL SQUARE FOOTAGE= 1 ~ 1 02 S.F. SKIN THERAPIES 1 B 1 EL CAMINO REAL SUITE A TUSTIN, CA 92780 (7 1 4) 730- 1 400 ~~?,. SIGIN THERAPIES 1 B 1 EL CAMINO REAL, #A TUSTIN, CA 927H0 (714) ?301.14[70 ]une 12, 2008 To whom it may concern: Skin Therapies is a business that does skin care. We do facials, microdermabrasions, waxing, all skin related services. The business would tike to provide our clients an atmosphere of a mini Spa and would like to add the massage therapist to our menu of services. Skin Therapies has a very relaxing atmosphere and it has one esthetician now working, and would like to have one massage therapist to start working as soon as the city approves it. The business hours are :Tuesdays and Thursday 11:00 a.m. to 6:fl0 p.m. Fridays: 11:00 a.m. to 4:fl0 p.m. Saturdays: 9:fl0 a.m. to 3:00 p.m. Sundays, Mondays, Wednesdays are closed. Thank you. RECEIVED aus ~ s Zoos 60MM1l~111'Y DEVEEUPMENT tY SKIN THEI~APt~S 1 8 ~ El.. GAMIt~iO REALr ~"A TUBT°1N} CA 92TAC] t71 4) 730.1400 TUSTIN CITY CODE SECTION 3626 Massage Establishment Regulations: (Answers): 1: Sign will be install after city approval . 2: Minimun lighting is provided in accorc#ance with the Unsforrrs Building Code. 3: E;ood ventilation is provided in aecorciance with the Uniform Building Code. 4: A full liquid sterilizer is provided for anv instruments used in the massage. 5: The massage table is covered with a waterproof cover and covered with clean linen. 6. C)ne client at a time will be worked on by the massage therapist. 7: There is no Sauna or Steamed Room. There is one toilet and one wash basin with hat and cold running water. Liquid hand soap, paper towels, toilet paper, toilet seat co~~ers and trash receptacle is provided in the massage morn bathroom. 8: 'Voted. 9: Noted, 10: tinted. Attachment C Zoning Administrator Action 08-010 ZONING ADMINISTRATOR ACTION 08-010 CONDITIONAL USE PERMIT 08-012 181 EL CAMINO REAL, SUITE A 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 Mirna Firanda requesting authorization to provide ancillary massage services in conjunction with an existing beauty salon located at 181 EI Camino Real, Suite A. B. The site is designated as Old Town Commercial by the General Plan and is zoned Central Commercial with Parking Overlay (C-2 P), 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. Tustin City Code Section 9233c(I) authorizes massage establishments in the C-2 zoning district with the approval of a Conditional Use Permit. D. A public hearing was duly called, noticed, and held for Conditional Use Permit 08-012 on October 27, 2008, by the Zoning Administrator. E. 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. Variance 92-007 approved a reduction in the amount of required parking stalls for the subject property to the 15 stalls currently provided on the site. 3. The proposed massage services, as conditioned, 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 08-010 CUP 08-012 Page 2 4. The Police Department (Special Investigations Unit) has conducted a routine background check and on-site investigation and has no concerns regarding the project as proposed. 5. 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. F. 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 08-012 authorizing massage services in conjunction with an existing salon located at 181 EI Camino Real, Suite A, 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 27th day of October, 2008. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 08-010 was duly passed and adopted at a regular meeting of the Tustin Zoning. Administrator, held on the 27th day of October, 2008. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-010 CONDITIONAL USE PERMIT 08-012 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 mod cations 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 08-012 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. The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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 Exhibit A CUP 08-016 Page 2 (1) 1.6 Conditional Use Permit 08-012 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 08-012, or is found to be a 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 08-012, 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. 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 Hnurc Sunday Monday Tuesday Wednesday Thursday Friday Saturday Closed Closed 11:00 AM - Closed 11:00 AM - 11:00 AM - 9:00 AM - 6:00 PM 6:00 PM 4:00 PM 3:00 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. (***) 2.3 This approval shall become null and void if the use is discontinued or abandoned for twelve (12) months or more. Conditions of Approval Exhibit A CUP 08-016 Page 3 (***) 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 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. Conditions of Approval Exhibit A CUP 08-016 Page 4 (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.