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HomeMy WebLinkAboutPC RES 3819 RESOLUTION NO. 3819 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 00-018, AUTHORIZING A 2,888 SQUARE FOOT FACILITY OFFERING MASSAGE AND SMALL GROUP EVENTS IN CONJUNCTION WITH SALON SERVICES IN AN EXISTING TENANT SPACE LOCATED AT 13911 CARROLL WAY, SUITES D AND E. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, for an amendment to Conditional Use Permit 00-018, was filed by Le Aine Dehmer, requesting authorization for a 436 square foot expansion of a spa facility into the adjacent tenant space for a total of 2,888 square feet for massage and small group events in conjunction with salon services at 13911 Carroll Way, Suites D and E. B. That the proposed use is allowed within the Retail Commercial (C-1) District with the approval of a Conditional Use Permit. C. That the proposed use is consistent with the General Plan land use designation Community Commercial which provides for a variety of retail, professional office, and service-oriented business activities. 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. That a public hearing was duly called, noticed, and held for said application on January 28, 2002, by the Planning Commission. E. That the establishment, maintenance, and operation of the use applied for 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1. As conditioned, the facility will operate in accordance with regulations related to massage establishments within Sections 3712, 3713, and 3717 of the Tustin City Code. Resolution No. 3819 Page 2 2.. Conditions of approval have been imposed on the proposed use to ensure compatibility with surrounding uses and that the facility operates consistent with the representations made by the applicant, such as requiring visibility into the treatment rooms at all times and modest attire to be worn by all employees. 3. The expansion of the use to a total of 2,888 square feet and a maximum of twenty (20) persons (employees and patrons) is appropriate for the center and can be accommodated with the existing parking spaces in the retail center. Applying a retail-parking ratio of one (1) parking space per 200 square feet to the facility would ensure sufficient parking for all existing and proposed retail and restaurant uses in the center. F. 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 an amendment to Conditional Use Permit 00-018 authorizing a 436 square foot expansion into the adjacent tenant space for a 2,888 square foot facility offering massage and small group events in conjunction with salon services at 13911 Carroll Way, Suites D and E, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of January, 2002. Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3819 Page 3 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. 3819 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of January, 2002. ELIZABE'I"H A. I~INSACK Planning Commission Secretary (1) (1) (1) (1) (1) (1) (1) GENERAL 1.1 1.2 1.3 1.4 1.5 1.6 1.7 EXHIBIT A AMENDMENT TO CONDITIONAL USE PERMIT 00-018 CONDITIONS OF APPROVAL RESOLUTION NO. 3819 The proposed use shall substantially conform with the submitted plans for the project date stamped January 28, 2002, 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 to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of an amendment to Conditional Use Permit 00-018 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 "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. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. Violations, as determined by an Orange County Health Care Agent or City of Tustin Code Enforcement Officer, may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. (1) (2) (3) (4) SOURCECODES STANDARD CONDITION (5) CEQA MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CCPOLICY EXCEPTION Resolution No. 3819 Page 2 (1) 1.8 (1) (1) (*) (*) (*) (*) Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. 1,9 The applicant shall be responsible for costs associated with any necessary code enforcement action. 1.10 Conditional Use Permit 00-018, as amended, 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 00-018, as amended, 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. 1.11 All conditions of Resolution No. 3788 remain valid unless herein modified. USE RESTRICTIONS 2.1 The facility shall be limited to massage and skin care services within a 2,888 square foot tenant space with six (6) massage treatment rooms, four (4) facial rooms, and two (2) water therapy rooms. The type of services, number of rooms, floor plan, patrons, or employees shall not be modified without written approval of the Community Development Department. 2.2 No more than eleven (11) patrons and nine (9) employees for individual service, or fifteen (15) patrons and five (5) employees for group events, for a maximum number of twenty (20) persons shall be on the premises at any one time. Massage services include massages, body treatments, and water therapy. Massage services shall be provided only to an individual within the massage treatment or water therapy rooms. The Community Development Director may review and approve requests to increase the total number of patrons and employees if sufficient parking can be provided and no negative impacts are anticipated. 2.3 Group events shall be limited to fifteen (15) persons served by no more than five (5) employees. No other clients may be on the premises dudng group events. All food and beverages shall be prepared off-site and served in accordance with the requirements of the Orange County Health Care Agency. The Community Development Director may review and approve requests to increase Resolution No. 3819 Page 3 the total number of patrons and employees if sufficient parking can be provided and no negative impacts are anticipated. (*) 2.4 There shall be an owner or manager who is responsible for the operation of the facility on the premises at all times that the facility is open for business. 2.5 All exterior doors shall remain unlocked from the interior side during business hours. Two (2) exits from the building shall be maintained clear and unobstructed at all times. (1) 2.6 The spa facility shall be maintained in a safe, clean, and sanitary condition at all times. (1) 2.7 There shall be separate dressing and toilet facilities for male and female patrons if services are provided to male and female patrons simultaneously. 2.8 A minimum of one separate washbasin provided at all times for the use of employees. (1) 2,9 The applicant shall renew the business license on an annual basis. The permit from the License and Permit Board shall be displayed on the premises in a visible location at all times. (1) 2.10 Permits from the License and Permit Board for massage therapists shall be renewed on an annual basis, and valid permits shall be displayed on the premises in a visible location at all times. (1) 2.11 The employees of the facility and all massage therapy technicians shall operate in strict compliance with the operating conditions imposed by the License and Permit Board and requirements specified in Article 3, Chapter 7, Part 1 of the Tustin City Code, unless more restrictive conditions are imposed by the Planning Commission. (5) 2.12 All massage therapy technicians shall have appropriate licensing from the State of Califomia and such licensing shall be clearly displayed on the premises. (1) 2.13 All signs and their supporting structures shall be maintained in good condition, structurally safe, and shall comply with the most current Uniform Building Codes, as locally amended. Faded colors shall be repainted or replaced as deemed necessary by the Community Development Department. All temporary banners shall comply with the Tustin City Sign Code and shall not be displayed unless a Temporary Sign Permit has been issued by the Community Development Department. Resolution No. 3819 Page 4 (1) 2.14 2.15 (*) 2.16 (1) 2.17 (*) 2.18 (1) 2.19 (1) 2.20 (5) 2.21 (1) 2.22 Lockers for the use of individual patrons shall be provided in the dressing room. A lighting level equivalent to no less than ten (10) foot-candles shall be maintained in public rooms, walkways, and at any point within each room or enclosure where massage therapy services are performed at all times such services are being provided. A photometric study showing the location, distribution of light of all proposed fixtures, and details of light fixtures shall be submitted to the Community Development Department for review and approval. The applicant shall provide light meter testing with a City representative present to verif7 lighting levels pdor to operation of the massage establishment. All owners, managers, employees, technicians, independent contractors, or anyone else who is not a client of the facility shall wear non-transparent outer garments covedng the body from the knee to the neck. No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. 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, operator, responsible managing employee, manager, or licensees shall not permit any person in violation of this condition to enter or remain upon the premises. Doors on the rooms where massage services are performed shall be either single/double free-swinging doors, each door not having a vertical dimension of more than four (4) feet. The doors shall not be equipped with any locking devices. The owner, operator, responsible managing employee, manager, 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. The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m. daily. All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. Resolution No. 3819 Page 5 (1) 2.23 Fourteen and one-half (14.5) parking spaces shall be allocated to the 2,888 square foot tenant space (one parking space per 200 square feet) to accommodate a maximum of eleven (11) patrons and nine (9) employees for individual services and or fifteen (15) patrons and five (5) employees for group events for a maximum number of twenty (20) persons at one time. Employees shall park in the parking spaces adjacent to the northern property line. If in the future the City determines that parking or traffic problems exist on the site or in the vicinity as a result of the use, the Director may require the applicant and/or property owner to prepare an analysis and bear all associated costs. If the study indicates that there is a parking or traffic impact, the applicant and/or property owner shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. (1) 2.24 Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed. PLAN SUBMITTAL (3) 3.1 To ensure compliance with the Uniform Building Code (UBC) and all conditions and requirements of this resolution, four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical plans shall be submitted within thirty (30) days from the date of this exhibit. The plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. The plans shall include the following: Construction of partition walls, including the ones installed to enclose the double treatment room, shall be identified. bo Corridors serving occupant load of 30 or more shall have walls and ceilings of not less than one-hour construction. All treatment rooms shall be ventilated in accordance with the requirements of the Uniform Building Code. FEES (1) 4,1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and permit fees to the Community Development Department. Resolution No. 3819 Page 6 (1,5) 4.2 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 forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty- eight (48) hour pedod 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.