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HomeMy WebLinkAboutPC RES 4101RESOLUTION 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 Plan 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. ~_..~ 7 CHARLES E. PUCKETT Chairperson ci+--G- `--~ !l ~-- ELIZABETH A. SACK 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. B SACK 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 drugs. 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 or 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 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. (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.