Loading...
HomeMy WebLinkAbout02 CUP 08-018ITEM #2 Report to the Planning Commission DATE: NOVEMBER 12, 2008 SUBJECT: CONDITIONAL USE PERMIT (CUP) 08-018 APPLICANT: QIONG LI 201 N. WAYFIELD CIRCLE ORANGE, CA 92867 PROPERTY OWNER: FIRST STREET MEDICAL BUILDING, INC. CIO KATAYOUN JEBELLI MAGHBOULEH 10945 SILVERADO TERRACE TUSTIN, CA 92782 LOCATION: 1076 EAST FIRST STREET, SUITE C ZONING: RETAIL COMMERCIAL (C-1) GENERAL PLAN: COMMUNITY COMMERCIAL ENVIRONMENTAL TUSTI N STATUS: THIS -PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT). REQUEST: A REQUEST TO ESTABLISH A MASSAGE ESTABLISHMENT Planning Commission Report November 12, 2008 CUP 08-018 Page 2 That the Planning Commission adopt Resolution No. 4101 approving CUP 08-018 authorizing a massage establishment within an existing tenant space at 1076 East First Street, Suite C. Background Qiong Li of Comfy Health Beauty Center is requesting approval to operate a massage establishment at 1076 East First Street, Suite C. Tustin City Code Section 9232b(h) authorizes massage establishments in the retail commercial (C-1) zoning district subject to a conditional use permit. In addition, Sections 3621-3628 require specific facilities for massage establishments and set forth standard operational conditions and permit requirements. The proposed accessory massage use is in accordance with the requirements of TGC Sections 3621 - 3628. Please refer to the Report to the Planning Commission, dated October 28, 2008, for full details on the proposed project. (Attachment A) The proposed project was considered by the Planning Commission on October 28, 2008. At this public hearing, the Planning Commission raised multiple concerns and questions regarding lighting and landscaping, separation of males and females within the facility, and community input. At that time, the Planning Commission determined to continue the item to allow staff additional time to address the issues raised and solicit input from the adjacent residences' Homeowner's Association and the Tustin Chamber of Commerce. Staff has prepared the following summary response to each of the issues raised by the Planning Commission at the October 28, 2008, hearing. Lighting and Landscaping The Planning Commission expressed concern about the on-site lighting and landscaping. Specifically, the Planning Commission was concerned that there was not enough on-site lighting and that the landscaping is overgrown. Chapter 10 of the California Building Code requires all exit paths (which all walkways within the site are) be lit with a minimum one foot-candle, as measured at the paved surface. The Tustin Security Code requires parking lots to be lit with a minimum one foot-candle, as measured at the paved surface. Tustin City Code Sections 4411 et seq. requires properties to be maintained in a manner which is not detrimental to the health and welfare of persons using the site or of residents in the vicinity of the site. Compliance with the Tustin City Code is an obligation of the property owner, not the tenant. Taking these requirements into consideration, the following conditions of approval are proposed for Planning Commission consideration: 2.11: Prior to establishment of the use, the property owner shall ensure that all walkways and parking lots are lit with a minimum one foot-candle, as measured from the Planning Commission Report November 12, 2008 CUP 08-018 Page 3 paved surface, in accordance with California Building Cade Chapter 10 and the City of Tustin Security Code. 2.12: The property owner shall maintain all on-site landscaping in accordance with Tustin City Code Sections 4411 et seq. If, upon inspection, it is determined that the property constitutes a nuisance, abatement proceedings shall be enacted by the City at the expense of the property owner. Separation of Facilities The Planning Commission asked for clarification on the requirement for separation of facilities for males and females. Tustin City Code Section 3626(6) prohibits massage from being performed on two persons of different sexes in the same room at the same time. Section 3626(7) requires separate toilet facilities far males and females. Condition 2.6 requires compliance with Tustin City Code Sections 3621-3628 relating to massage uses and Condition 2.7 requires that this massage establishment comply with all local, state, and federal regulations related to massage. Therefore, this facility would be prohibited from offering massage to two persons of different sexes in the same room at the same time. To address the Commission's concern regarding separate restroom facilities, the following condition is proposed to be added: 2.10: Plans submitted for building plan check shall show separate restroom facilities for male and female customers. Each restroom shall be designated to meet Title 24 accessibility requirements. Community Outreach On October 16, 2008, written public notice was sent to every property owner within 300 feet of the project site, including a number of homeowners in the Broadmoor Park development. The Planning Commission asked Staff to perform additional outreach within two community organizations, specifically the Broadmoor Park Homeowners Association and the Tustin Chamber of Commerce. Staff contacted both of these organizations and has received the following comments: Broadmoor Park: No comments on the proposed use were received. Tustin Chamber of Commerce (Attachment B): The Chamber has indicated that they would support a person's right to conduct business in the city and community they serve. They have also indicated that they "would support a business, including massage establishments," given that the business complies with all applicable laws. Display of Permits The Planning Commission also directed staff to amend Condition 2.2, reflecting Tustin City Code Section 3624, related to the display of permits, as follows: 2.2: Prior to providing massage services, the applicant shall obtain a massage operator permit and each technician shall obtain a massage technician permit. All such permits shall be displayed in a conspicuous public place in the lobby and each massage technician shall wear his/her massage technician permit on his/her person at a!1 times when in the massage establishment. Planning Commission Report November 12, 2008 CUP 08-018 Page 4 CONCLUSION The proposed project, as conditioned, appears to be in compliance with federal, state, and local laws regarding massage establishments. Therefore, staff recommends that the Planning Commission adopt revised Resolution No. 4101, approving Conditional Use Permit 08-018. C~C.(/ Cari Meyer Assistant Planner Elizabeth A. Binsack Community Development Director Attachments: A. Report to the Planning Commission, October 28, 2008 B. Comments from Tustin Chamber of Commerce C. Revised Planning Commission Resolution No. 4101 S:1Cdd1PCREPORll20081CUP 08-018 (Massage - cont.).doc ATTACHMENT A Report to the Planning Commission, October 28, 2008 Report to the Planning Commission DATE: OCTOBER 28, 2008 SUBJECT: CONDITIONAL USE PERMIT (CUP) 08-018 APPLICANT: QIONG LI 201 N. WAYFIELD CIRCLE ORANGE, CA 92867 PROPERTY OWNER: FIRST STREET MEDICAL BUILDING, INC. Cl0 KATAYOUN JEBELLI MAGHBOULEH 10945 SILVERADO TERRACE TUSTIN, CA 92782. LOCATION: 1076 EAST FIRST STREET, SUITE C ZONING: RETAIL COMMERCIAL (C-1) GENERAL PLAN: COMMUNITY COMMERCIAL ENVIRONMENTAL TUST[N STATUS: ~ THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT). REQUEST: A REQUEST TO ESTABLISH A MASSAGE ESTABLISHMENT Planning Commission Report October 28, 2008 CUP 08-018 Page 2 That the Planning Commission adopt Resolution No. 4101 approving CUP 08-018 authorizing massage establishment within an existing tenant space at 1076 East First Street, Suite C. BACKGROUNDlDISCUSSION Background The applicant is requesting approval to operate a massage establishment at 1076 East First Street, Suite C (Attachment A -Location Map). Tustin City Code Section 9232b(h) authorizes massage establishments in the retail commercial (C-1) zoning district subject to a conditional use permit. In addition, Sections 3621-3628 require specific facilities for massage establishments and sets forth standard operational conditions and permit requirements. The proposed accessory massage use is in accordance with the requirements of TCC Sections 3621 - 3628. Site and Surrounding Properties The tenant suite proposed for the massage establishment is a 1,250 square foot suite within an existing 12,312 square foot building known as First Street Professional Plaza. Other uses in the First Street Professional Plaza include a beauty salon, a chiropractor, three (3) dental offices, an acupuncturist, and a doctor of internal medicine. Surrounding uses are commercial uses to the north, west, and south of the property and residential areas to the east. Planning Commission Report October 28, 2008 CUP OS-018 Page 3 Project Description The proposed project involves a new massage establishment in a 1,250 square foot tenant suite at 1076 East First Street, also known as First Street Professional Plaza. The space would be divided into awaiting/reception area, three (3) facial rooms, two (2) therapy rooms, which will be used as massage rooms, two (2) bathrooms, and awasher/dryer room. The submitted floor plan shows that 180 square feet (approximately 14.4% of the total) would be used for the therapy rooms and 352 square feet (28.2%} would be used for the facial rooms. The remaining floor area would be broken up among the uses listed above. (See Attachment C -Submitted Plans} Minor tenant improvements are also proposed in association with this application. ~I~rSF~.I 1 T ..+A~1 i5 if ... • - +If- ~J sF ; i _ $-i ~~.. ,, ~, {-; Eu>K O I K ~~ ~ ...1'• ~ Q ~ ;.1. Fl~N tawc J`{ F' y ~. ' ~i K ~ ~ .i_: d5 0} Ci ~ ~ F ~ ' r, ~+ ~ ~ I IF,I ~ ~vhM I I i i ~ F ~~ _ `Y. 1 r: ~ ,, + 1 , - ~ i~~ 11-~Y9 .rr :4r ~ .' ~ ~ r . ~ 'i i te - ~.~ ~~ J ' N ' I EFITf 1-' r . a, ~y~i~~ { rC' ~~ ' ~ 1 ~ 1 I s1:IfT II:+~7 .7i ~L? anc ~ ___ 'I~`__ >~+EERIE :1 lac J M ~ ~ ~~~~ . / wa ~ ~~~ ~'~;r~e za •: ~ ~ ~ ~ , +~~ ,i~ ~,, r<h~ JN~ st rJ1c Em t ~ 1 I 1 1 ~ _ ~ t + . _. EuIT ~ 1~ L 1 1 4 4 INitf IL11+r7F: F1f" 91a Ha' +xM ltF '++M"RG r.:+ r iY+N IM_CLJ ::iK i.d+F~ N..:S' :'.u 11Y1 5i ~YflI[fE Alti 1+4E +111`.1 ,K !F + IE1 OP, W 3'EYl IM:YD~ i ERrAI As required by TCC Sections 3621 et seq., the massage rooms shall have five (5) foot-candle minimum lighting and non-locking doors. Massage services will be provided one person at a time in the proposed massage rooms. Massage services will be offered by appointment only. Massage services would occur only when the massage operator is on-site. Planning Commission Report October 28, 2008 CUP 08-018 Page 4 Parking Parking for the proposed massage establishment would be shared with the other uses currently operating in the First Street Professional Plaza. The site was developed in 1971 with 41 parking spaces. Although under current parking requirements the site is under parked, City business license records indicate the suite was previously occupied by an acupuncturist (Oriental Health Care Clinic). As no additional floor area is being added and the proposed use (massage) is not more intensive and is considered similar to the previous use (acupuncture), the applicant would not be required to provide additional parking. -1 W ._ ] W ~1 r7 king Lot Parking aces) Licensing Requirements If this conditional use permit is approved, 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 Planning Commission Report October 28, 2008 CUP 08-018 Page 5 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 Planning Commission 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: 1) Appropriate conditions are included to ensure compliance with the regulations for massage establishments, massage operator, and massage 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. 2) No additional square footage is being proposed. The proposed use is not mare intensive and is similar to the previous use. Thus, no additional parking spaces will be required. 3) The proposed massage services would be provided by appointment only during the business hours of the massage establishment when the business owner, manager, or massage operator is on-site. 4) The hours of operation are 10:00 AM to 7:00 PM, Monday through Saturday, closed on Sundays, which is consistent with the hours of operation for other commercial uses in the area. Cori Meyer Assistant Planner Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Planning Commission Resolution No. 4101 Elizabeth A. Binsack Community Development Director S:1CddIPCREPORT120081CUP 08-018 (Massage).doc ATTACHMENT B Comments from Tustin Chamber of Commerce ~~ i ~~ I CHAMBER OF COMMERCE 399 EI Camino Real, Tustin, CA 92780 • TEL (714) 544-5341 • FAX (714) 544-2083 • www.tustinchamber.org November 3, 2008 Ms. Cari Meyer, Assistant Planner City of Tustin 300 Centennial Way Tustin, CA 92780 RE: Conditional Use Permit (CUP) 08-018 Business Owner: Qiong Li, Comfy Health Beauty Center Location: First Street Medical Building, Inc. - 1076 East First Street, Suitz C, Tustin DNar Cari: We have reviewzd thz Report to thz Planning Commission dated October 28, 2008. Our comments are as (allows: • We would support a per'son's right to conduct husinzss and contribute to the commerce of the city and the community thzy serve. • We wotrld support a business, including a massage zstablishmznt, to operate within the city limits that has complied with all licensing agreements and permits as it relates to his/her particular business. • We would support a business, including a massage establishmznt, to operate within the city limits providing it is incompliance with established city regulations and ordinances, is law abiding, and pays taxes as required by law. We thank you foe the opportunity to solicit the Tustin Chamber's comments. Please do not hesitate to give us a call if we may be of further service. Sincerely, Marisa L. Charette President/CEO cc: Scot Proud. Chairman of the Baard David Ward, BEDC Chairman ATTACHMENT C Revised Planning Commission Resolution No. 4101 RESOLUTION NO. 4101 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 08-018 AUTHORIZING A MASSAGE ESTABLISHMENT WITHIN AN EXISTING TENANT SPACE AT 1076 EAST FIRST STREET, SUITE C. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 08-018 was filed by Qiong Li of Comfy Health Beauty Center, requesting authorization to establish a massage establishment within an existing tenant space at 1076 East First Street, Suite C. B. The project site is located within the Community Commercial General Plan land use designation, Retail Commercial (C-1) zoning district, and the Town Center Redevelopment Project Area. C. The Community Commercial General Plan land use designation and the Retail Commercial zoning designation allow for a variety of retail and service commercial and professional office land uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Pfan and has been determined to be consistent with the Air Quality Sub-element. D. Section 9232b(h) of the Tustin City Code allows the establishment of massage establishments with the approval of a conditional use permit. E. A public hearing was duly called, noticed, and held for Conditional Use Permit 08-018 on October 28, 2008, by the Planning Commission. The Planning Commission continued the meeting to' the November 12, 2008, meeting. F. 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: 1 } Appropriate conditions are included to ensure compliance with the regulations for massage establishments, massage operator, and massage technicians as set forth in TCC Sections 3621 et seq. and representations by the applicant Resolution No. 4101 Page 2 and ensure compatibility with the surrounding commercial and residential uses. 2) No additional square footage is being proposed. The proposed use is not more intensive and is similar to the previous use. Thus, no additional parking spaces will be required. 3) The proposed massage services would be provided by appointment only during the business hours of the massage establishment when the business owner, manager, or massage operator is on-site. 4) The hours of operation are 10:00 AM to 7:00 PM, Monday through Saturday, closed on Sundays, which is consistent with the hours of operation for other commercial uses in the area. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 08- 018 authorizing a massage establishment within an existing tenant space at 1076 East First Street, Suite C subject to conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of November, 2008. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4101 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 12t day of November, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 08-018 1076 E First Street, Suite C GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 12, 2008, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (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 this Exhibit. 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 08-018 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 notarized "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 08-018 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW ~'*'" EXCEPTION Conditions of Approval Resolution No. 4101 -Exhibit A CUP 08-018 Page 2 accordance with Conditional Use Permit 08-018, 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 08-018, 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 Massage services may only occur between the hours of 10:00 AM and 7:00 PM Monday through Saturday and when the business owner or manager is on-site. Massage services may be offered by appointment only. 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 each technician shall obtain a massage technician permit. All such permits shall be displayed in a conspicuous public place in the lobby and each massage technician shall wear his/her massage technician permit on his/her person at all times when in the massage establishment. (***) 2.3 Conditional Use Permit 08-018 shall become null and void if the approved use is discontinued for more than twelve (12) months. (***) 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 drags. The owner, and/or operator, Conditions of Approval Resolution No. 4101 -Exhibit A CUP 08-018 Page 3 and/or responsible managing employee, and/or manager, and/or licensees shall not permit any person in violation of this condition to enter ar remain upon the premises. (1) 2.5 The customer entrance door shall remain unlocked during business hours. The rooms 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 Tustin City Code Sections 3621-3628, pertaining to requirements for massage establishments, massage operators, and massage technicians. (1) 2.7 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) 2.8 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) 2.9 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. (1) 2.10 Plans submitted for building plan check shall show separate restroom facilities for male and female customers. Each restroom shall be designated to meet Title 24 accessibility requirements. (3) 2.11 Prior to establishment of the use, the property owner shall ensure that all walkways and parking lots are lit with a minimum one foot-candle, as measured from the paved surface, in accordance with California Building Code Chapter 10 and the City of Tustin Security Code. Conditions of Approval Resolution No. 4101 -Exhibit A CUP 08-018 Page 4 (6) 2.12 The property owner shall maintain all on-site landscaping in accordance with Tustin City Code Sections 4411 et seq. If, upon inspection, it is determined that the property constitutes a nuisance, abatement proceedings shall be enacted by the City at the expense of the property owner. FEES (1, 5) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community ^evelopment 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. (1) 3.2 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit flees to the Community Development Department.