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HomeMy WebLinkAbout02 CUP 09-027ITEM #2 TUSTIN Report to the Planning Commission DATE: DECEMBER 8, 2009 SUBJECT: CONDITIONAL USE PERMIT (CUP) 09-027 APPLICANT: CFR MANAGEMENT 1 SECRET COVE NEWPORT COAST, CA 92657 PROPERTY OWNER: VESTARIKIMCO TUSTIN, L.P. VESTAR DEVELOPMENT COMPANY 1575 CARSON BLVD LONG BEACH, CA 90808 LOCATION: 2833 PARK AVENUE GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN ZONING: SP-1 - MCAS TUSTIN SPECIFIC PLAN DISTRICT NEIGHBORHOOD F PLANNING AREA 19 -COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST FOR AUTHORIZATION TO ESTABLISH AND OPERATE A DAY SPA WITH MASSAGE SERVICES LOCATED AT 2833 PARK AVENUE IN THE DISTRICT CUP 09-027 December 8, 2009 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4135 approving Conditional Use Permit 09-027 to establish and operate a day spa with massage services located at 2833 Park Avenue. BACKGROUND The proposed day spa with massage services (Massage Envy Spa) will be in the District shopping center at Tustin Legacy, located at the northwest corner of the intersection of Jamboree Road and Barranca Parkway. The District at Tustin Legacy is zoned as Specific Plan 1 (SP-1 } MCAS Tustin Specific Plan and comprises Planning Areas 16, 17, and 19 (Neighborhood F). The District shopping center comprises over a million square feet of retail and restaurant commercial uses. The proposed facility will be located between the Whole Foods Market and T.J. Maxx Homegoods stores within an inline tenant space (Figure 1). Figure 1 CUP 09-027 December 8, 2009 Page 3 Surrounding Properties The District is bounded by Tustin Ranch Road to the north and west, Jamboree Road to the east, and Barranca Parkway to the south. Commercial and industrial uses lie to the south and east of the project site across Jamboree Road and Barranca Parkway in the City of Irvine. Land to the north and west of the project site is also located within the MCAS Tustin Specific Plan and is currently being planned to accommodate a wide variety of mixed uses. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on November 26, 2009. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign was posted on the site and a public hearing notice was posted at City Hall on November 25, 2009. The applicant was informed of the availability of the agenda and staff report for this item. Conditional Use Permit Day spas offering massage services are not listed uses within Planning Area 19 of the MCAS Tustin Specific Plan. Pursuant to Section 3.8.4.C. of the MCAS Tustin Specific Plan, those uses not specifically listed are subject to a determination by the Community Development Director as either permitted, permitted subject to a conditional use permit or prohibited consistent with the purpose of the land use designation of Planning Area 19 and the Specific Plan. The Community Development Director determined that day spas offering massage services are permitted uses subject to the approval of a conditional use permit. This determination is consistent with similar uses located elsewhere in the City and outside of the MCAS Tustin Specific Plan area. If approved, the conditional use permit could be transferred to future massage operators at the site with their compliance to the conditions of approval. DISCUSSION Massage Envy Spa is proposing to occupy a 2,460 square foot tenant space which was previously occupied by the Right Start retail tenant. There are over 750 Massage Envy clinics nationwide, twelve (12) of which are located in Orange County. Massage Envy is a network of franchised membership-based businesses specializing in therapeutic massage from professional, fully trained, Massage Therapists. A unique difference between Massage Envy and other day spa and massage establishments is that membership services are offered and allow clients are able to access the full network of Massage Envy locations nationwide. Massage Envy Spa is the franchise's concept of a day spa which incorporates the same Massage Envy model, but adds additional spa services. Essentially the spa services CUP 09-027 December 8, 2009 Page 4 offer skin care treatments which include facials. Three of the twelve Massage Envy locations within Orange County offer the Massage Envy Spa services (Anaheim Hills, Huntington Beach, and Orange Hills). --: _._ „ Cx6T!ki ~ Figure 2 The proposed tenant space would be laid out with a series of rooms to perform various skin care treatments as well as different types of massage therapy (Figure 2). A lobby and reception area would serve as a waiting room for clients as they arrive at the facility. Hours of Operation and Parking Massage Envy Spa proposes to operate during the hours of 8:00 a.m. to 10:00 p.m. Monday through Friday; 8:00 a.m. to 6:00 p.m. on Saturday; and 10:00 a.m. to 6:00 p.m. on Sunday. These hours are consistent with other businesses within the District shopping center. The facility operates on an appointment basis. A Parking Analysis for the District development was prepared by a licensed traffic engineer and approved by the City. The Analysis calculated the subject tenant space for retail purposes and the proposed use is consistent with retail parking requirements. CUP 09-027 December 8, 2009 Page 5 Redevelopment Agency and Police Department The City of Tustin Redevelopment Agency has reviewed the proposed use and determined that it is in conformance with the MCAS Tustin Redevelopment Plan and the Disposition and Development Agreement (DDA) between the City of Tustin and Vestar/Kimco Tustin, L.P. The City of Tustin Police Department has reviewed and approved the proposed use subject to the conditions contained within proposed Resolution No. 4135. FINDINGS 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) Pursuant to Section 3.8.4.C the MCAS Tustin Specific Plan, the Director of Community Development determined that day spas with massage services are conditionally permitted uses within Planning Area 19. 2) The proposed use would be required to comply with the regulations for massage establishments, massage operators, and massage technicians as set forth in Interim Urgency Ordinance No. 1368, adopted on August 4, 2009, and future ordinances as adopted by the Tustin City Council. 3) The hours of operation are consistent with other businesses within the District. No parking impacts are anticipated as the use would be classified as a retail use in an existing retail tenant space. 4) 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. 5) The City of Tustin Redevelopment Agency and Police Department have reviewed and approved the proposed use subject to the conditions of approval contained within Resolution No. 4135. Staff recommends that the Planning Commission adopt Resolution No. 4135 approving Conditional Use Permit 09-027 to establish a day spa with massage services within the District shopping center located at 2833 Park Avenue. CUP 09-027 December 8, 2009 Page 6 / ~~~~ Ry wiontek Ass 'late Planner Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4135 ATTACHMENT A LOCATION MAP .,;~.~ ! OCATIC]N MAP rfC~ r _ , .., ~1 , TUSTIN CITY IIlIAP Project No. CUP 09-027 Address: Massage Envy 2833 Park Avenue The ®istrict PA 8 ,~.m~ r~,d, ~ •a••~~. ~~ry~~ PA 13 ~ PA 17 1 COittiIEACIAL ~ BUSINESS i CQMNERCIAL ` " ~iuraRV~ I ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 09-027 2. LOGATION: THE DISTRICT @TUSTIN LEGACY 3. ADDRESS: 2833 PARK AVE. 4. TRACT: 16695 5. APN: 434-441-33 6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: DDA 04-002, CP 04-001, DR 04-010, VAR 04-002, CUP 04-015, CUP 07-010, CUP 08-009 7. SURROUNDING LAND USES: NORTH: VACANT (HANGAR) SOUTH: COMMERCIAL -INDUSTRIAL WEST: VACANT EAST: INDUSTRIAL 8. SURROUNDING ZONING DESIGNATION: NORTH: MCAS TUSTIN SPECIFIC PLAN (SP-1) SOUTH: CITY OF IRVINE WEST: MCAS TUSTIN SPECIFIC PLAN (SP-1) EAST: CITY OF IRVINE , 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: MCAS TUSTIN SPECIFIC PLAN SOUTH: CITY OF IRVINE WEST: MCAS TUSTIN SPECIFIC PLAN EAST: CITY OF IRVINE 10. SITE LAND USE: A. EXISTING: SHOPPNG CENTER (COMMERCIAL) PROPOSED: SAME B. GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN PROPOSED: SAME C. ZONING: MCAS TUSTIN SPECIFIC PLAN (SP-1) PROPOSED: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 11. LOT AREA: 111.77 GROSS ACRES 12. RETAIL AREA: 1,045,619 SQUARE FEET 13. PARKING: SHARED PARKING ANALYSIS ATTACHMENT C SUBMITTED PLANS ~ .4.A1 I ~ ~ I Y I ~ V ~ _ I ~ .~ ~ I ~I ~ I --- ----- .o-i N ~1 ~ I I I I I .q:b I ~c~ ~ I _J p I r I I ... __... I d:4 I IL ~ ~ ~ ~ p R' I a I ~ ~ I .P',9 I o ~ I I ~ ~ ~ ~~~ ~ o I - ~ ~I I ~ ~ ~ I I m ~ ~ ~ I , ~I~ I ~ I ~ ~ M P I ~ ~I11 '~'° ~~ ~ ~ ~ ~ !}~ a~ ~~I ~ I I ~ ~ 9 ~~ l I 1 r ~ I -w ~ ~ ~`i1 u .Irs .i~v ,4-,fr .o-~ ~ _.__ ___. q ~S I N I ~ ~~ I ~~ C - - a 4 I I ' r O ~. _.___.__..__. p ~ I ~j -'~ I M..., 0 O - - - - _ _ _ \ w ~ (5~ _~ ~I 5I ~ ~ = 1 ~ ~ Y ' Z w CQ C Q J d. O C/) ~ ~ 0 ~ i ~ o 1Vlassage Envy Spa is an innovative business concept that provides Day Spa services to our members at a reduced price From traditional Hotel Spas Our services include Massage, Customized Facials and Hot Stone Therapy. With over 1000 Franchises awarded and 500 locations open nationwide we are the largest provider of Day Spa services in the United States by a wide margin. The Massage Envy Spa concept is very simil~u• to that of a health club and is based on a membership model. Membership provides an opportunity for clients to continue to receive discounted services as part. of their monthly dues. Massage Envy Spa is considered the industry leader for Day Spa services and lags been recogiuzed with several awards: • Ranked # 2 "Top New Franchises" in Entrepreneur Magazine • Ranked #S7 "Inc 500 fastest Growing Companies" • Top 5 "Hot Retailers" by international Council of Shopping Centers The key difference between Massage Envy Spa and other personal Spa services is the membership model. This provides consistency and predictability in your business wlule building brand loyalty at a very compelling price point. Massage Envy Spa provides flexible and affordable Day Spa services for our clients. Our goal at Massage Envy Spa is to make quality therapeutic massages, skin nourishing facials and hot stone treatments available to everyone at an affordable price. With affordable membership, flexible hours and convenient locations, Massage Envy Spa makes a balanced lifestyle an everyday occurrence. Massage Envy Spa services: • Swedish Massage • Trigger Point • Deep-tissue Massage • Sports Massage • Pre-natal Massage • Reflexology • Signature Murad Facials: AHA Rapid Exfoliator Anti-Aging Facial Reveal smoother, vibrant, younger-looking skin with this sublime treatment for fine lines and wrinkles. Appropriate for all skin types, concentrated glycolic acid provides maximum exfoliation, while a unique patented blend of antioxidants, anti-inflammatory agents and hydrators dramatically improve the skin's texture, tone and appearance. Glarifying Enzyme Acne Facial Improve skin clarity, reduce blemishes and soothe inflammation with this specially formulated acne treatment. This facial uses a powerful blend of ingredients to produce flawless, balanced, healthy skin. From occasional hormonal breakouts to severe acne, this results-oriented facia] will cleanse, calm and accelerate the skin's clarifying process. The precise combination of exfoliating natural fruit enzymes, antiseptics, antioxidants and hydrating agents opens clogged pores for deep cleansing and extraction without in-itation. Environmental Shield Vitamin C Infusion Facial This scientifically-proven facial is designed to reverse the signs of aging that result from everyday environmental factors such as sunlight, smog, pollution and stress. Rich in antioxidants including Vitamin C, the facial features patented infusion technology, which delivers pure Vitamin C directly to the skin to maximize wrinkle fighting, collagen production and free radical protection. Slcin pigmentation will fade, fine tines and wrinkles will be smooth, and you will discover increased clarity, brightness and firmness. Hot Stone Therapy Hot Stone Therapy melts away tension, eases muscle stiffness, and increases circulation and metabolism. Each 90 minute Hot Stone session features the placement of smooth, water-heated stones at key points on the body to allow for deeper relaxation of the muscles. Our professional therapists then incorporate a customized massage, with the use of hot stones, to create a healing and relaxing experience. Bringing the health benefits of massage to your community. /Ll~ssage c~tiv~~ --~- A Growing Business ForA Growing Demand According to the American MassageTher•apy Association, more people than ever are utilizing therapeutic massage for everything from stress reduction, sore muscle relief and increased blood circulation to pain management, injury recovery and rehabilitation therapy. The Increasing Demand for Massage Therapy Massage Therapy has been a growing trend in American culture, with 39 million Arrrerican adults- more than one out ofsix- getting a massage annually. Consumers receive about 230 million massages each year, making massage therapy an $11-15 billion industry. Estimated 241,058 trained therapists provide massage therapy and therapeutic work in the U.S. Introducing Massage Envy Massage Envy is a network of franchised membership-based businesses specializing in therapeutic massage firom professional, fully trained, Massage Therapists. We're dedicated to not only serving the ever-growing demand of a health-conscious society, but also bringing therapeutic massage into the mainstream by making it more conve- nientand affordable for everyone to enjoy its many benefits. ^~Amzdcau MassayeThcrni3y Association (AM'fAl, Massayelherapy; Nnthisr ATrend, CJCtnbei, 2006, Associated Bodywork 8r Massage Professionals fAdMP), Massage Therapy Fast Pacts July 2[107 iUid. Massage EnvyAtA Glance From 2002, with the opening of our first location in Scottsdale, AZ, to today with more than 750 clinics operating and opening nationwide, Massage Envy is a successful business model that his earned the respect of the br.rsiness world as well as each corr+munity we serve. Largest employer of licensed Massage Therapists in the U.S. Registered franchisor, U.S. Federal Trade Commission Performs more than 4 million therapeutic massages annually Employs only trained and professional therapists Strictly adheres to all local, state, and national regulations /l~lassa~~ ~~rvc~ 5 P A,... Our newest concept, Massage Envy Spa, takes our membership massage model and adds customized facials to the available services.This provides our customers more choices and adds value to their memberships. Ei7~ploying the .same meticulous and professional standards we have established in massage therapy, Message Envy Spa is making professional skin care and therapeutic massage available to more people than ever before. OurComr~nitmentToQualityAnd Integrity As the founder and industry leader of the first national franchise of Massage Therapy clinics, we believe we have a responsibility to establish massage therapy as a credible and legitimate business practice. To that end, we ensure each and every one of our hundreds of operating locations adheres to the same strict guidelines, policies and procedures. Massage Envy has ~ zero tolerance policy for inappropriate behavior, which is strictly enforced for both massage therapists and clients alike. Massage Envy requires background checks for every MassageTherapist priorto hiring. Massage Envy has developed mandated standards of practice that guarantee only g professional massage therapy is provided at all clinics nationwide. Massage Envy's Draping Policy includes the use of sheets and blankets to help ~~ ~~ ~~~~, 4 ciierrts stay warm and maintain a-sense of modesty during the massage. Massage •:-~-~ Envy's mandated draping procedure requires our Massage Therapists to ensure _ R~ modest and professional draping for clients at all times, ~ "~+. ,~, _ ~ OurCommitmentTo Rigorous Business Practices Massage Envy ensures the legitimacy and professionalism of every clinic by mandating specific, stringent operational methods: Maintenance of complete records for each and every client, including full identification and technical descriptions of every therapeutic treatment perfon~ned Complete identity records of every Massage Envy employee Clearly visible brand signage, consistent chain-wide decor and design, and professional r.anif~nr~s for all stafF Strategic clinic locations in upscale retail shopping centers where ca-tenants include a wide range of premier r°etailers and national brands Massage Envy. Good ForThe Community. The growing demand for massage therapy to enhance wellness and aid in health issues not only makes Massage Envy a viable business but also a valued partner in the community. Communitywide Impact Facts: Typical Massage Envy Clinic _~- ,, Average net revenue exceeded $900,000 in 2007 (based upon 159 clinics " open for 12 months reporting) F Employs 20-35 licensed therapists and 5-10 administrative staff members Requires minimal parking - 4.5 spaces for- every 1000 sq. ft. Provides convenient operating hours Monday -Friday and on Saturday and Sunday .u ._ ., i - 'I .. __ _ - -- i .I Professionally Trained, Thoroughly Screened Therapists ~ - ~ •~ _~~: -. _~ Massage Envy`s professional Massage Therapists abide ~y a strict code of ethics and conduct. In addition to adhering to all state and local regulations, all Massage Envy therapists must also undergo a mandatory background check prior ec employment. All Massage Envy therapists are profession~illy educated with a recommended 500 hours of school training. In addition, every therapist is required to carry professional liability insurance through membership in a national association. Through client feedback and practical massage evaluations, Massage Envy management monitors and evaluates the performance of each Massage Therapist to ensure the highest levels of quality and integrity. Massage Envy Therapies Massage Envy specializes exclusively in professional theraper.ltic n>assage.* While the majority of our clients seek massage focusing on the reduction of everyday stress, aches and pains, we also provide therapies for injury rehabilitation, pregnancy, fibromyalgia, sports training and headaches. The most common massages performed are: -Swec{ish -Deep Tissue -Tugger Polnt -Pre-natal -Reflexology -Myofascial . ~~ . `~ V1, r ~r ~. ~. w I ~. ~ "Miry insurance campanies i~ow recognize the health benefits of massage fhciapy and include treatments in their coverage, yr .I A Respected Business. A Committed vUellness Leader. An Active Community Member. At Massage Envy, we've I~een recognized by the business world for our successful practices and business model. In addition, we've received key endorsements for our dedication to heahh and well-being. And while awards are gratifying, it's the positive feedback we receive from the people we serve every day in our communities- whetherit's relieving them ofday-to-clay stress or pain from injuries-that is truly rewarding. It's our commitment to others that also makes Massage Envy a responsible corporate citizen. Through our support of organizations like Susan G. Komen for the Cure, we continue to make health and wellness our corporate policy and priority. Awards and Recognition Ranked 2 on Enti°epreneur- Magazine's Top 25 New Franchises Ranked 82 in Inc. Magazine's Top 500 fastest growing companies Ranked 2 on Entrepreneur's Top New Franchises, Franchise 500 Ranked 11 in Franchise Market Magazine's list of top 100 new franchises opened since 2000 Feature articles in Shopping Centers Today and Chain Store Age Recognized as one of the top 5 "Hot New Retailers" by the International Council of Shopping Centers For mere infomiatian about Massage Envy, please visit MassageEnrry.com. /LlASSay¢ c~yvt~~ -~- /111 c6nlc5 arr nuLpend~?n[ly ovmcd and operated. ~; '_UO& Mo:~age Envyl I~nlt:.~1, LLC. ATTACHMENT D RESOLUTION NO. 4135 RESOLUTION NO. 4135 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-027 TO ESTABLISH A DAY SPA WITH MASSAGE SERVICES LOCATED AT 2$33 PARK AVENUE IN THE DISTRICT SHOPPING CENTER. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 09-027 was filed by CFR Management LLC. to establish a day spa with massage services located at 2833 Park Avenue within the District shopping center. B. That the MCAS Tustin Specific Plan zoning designation and General Plan land use designation provide for a variety of commercial and entertainment 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. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-027 on December 8, 2009, by the Planning Commission. D. That the Tustin City Council adopted Interim Urgency Ordinance No. 1386 on August 4, 2009, for the regulation of massage establishments and this application is consistent with said Ordinance. E. 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: Pursuant to Section 3.8.4.C the MCAS Tustin Specific Plan, the Director of Community Development determined that day spas with massage services are conditionally permitted uses within Planning Area 19. The proposed use would be required to comply with the regulations for massage establishments, massage operators, and massage technicians as set forth in Interim Urgency Ordinance No. 1368, adopted on August 4, 2009, and future ordinances as adopted by the Tustin City Council. 3. The hours of operation are consistent with other businesses within the District. No parking impacts are anticipated as the use would be Resolution No. 4135 Page 2 classified as a retail use in an existing retail tenant space. 4. 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. 5. The City of Tustin Redevelopment Agency and Police Department have reviewed and approved the proposed use subject to the conditions of approval contained within Resolution No. 4135. 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 Galifornia Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 09-027 authorizing the establishment of a day spa with massage services located at 2833 Park Avenue within the District shopping center, 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 8t" day of December, 2009. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meetin on the 8t" day of December, 2009. hereby certify that I am the Planning California; that Resolution No. 4135 was g of the Tustin Planning Commission, held ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4135 CONDITIONAL USE PERMIT 09-027 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 8, 2009, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 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. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered 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 09-027 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 revised, 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. SOURGECODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PCICC POLICY Exhibit A Resolution No. 4135 Page 2 (1) 1.5 The applicant shall agree, at its sale 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 defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 Conditional Use Permit 09-027 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in Exhibit A of Resolution No. 4135, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (1) 2.1 The use shall comply with the Tustin City Code and any future ordinances pertaining to massage uses and establishments as adopted by the Tustin City Council. (1) 2.2 Prior to providing massage services, the applicant shall obtain a massage operator permit and all technicians shall obtain a massage technician permit, excepting those persons who are certified by the Massage Therapy Organization (MTO), (1) 2.3 The day spa with massage services is limited to the maximum operational hours of 8:00 AM to 10:00 PM daily and when the business owner or manager is on-site. Massage services may be offered by appointment only and shall operate only when day spa services are offered. 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. Exhibit A Resolution No. 4135 Page 3 (1) 2.4 This approval shall become null and void if the use is discontinued or abandoned for twelve (12) months or more. (1) 2.5 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) 2.6 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) 2.7 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 A recognizable and readable sign shall be posted at the main entrance, identifying the establishment as a massage establishment, provided that all such signs shall comply with the Tustin Sign Code. (1) 2.10 Minimum lighting shall be provided in accordance with the City Building Codes. In addition, a light level of no less than five (5) foot candles shall be maintained in public rooms, walkways, and at any point within each room or enclosure where massage services are performed, at all times such services are being provided. (1) 2.11 Minimum ventilation shall be provided in accordance with the Uniform Building Code. (1) 2.12 Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided which are approved by the department or agency designated by the City Manager to make inspections for compliance with health standards. (1) 2.13 Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material acceptable to Exhibit A Resolution No. 4135 Page 4 the department or agency designated by the City Manager to make inspections for compliance with health standards. (1) 2.14 In any massage establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single separate room or the massage operator may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed. (1) 2.15 If the facility provides steam rooms or sauna baths it shall provide adequate bathing, dressing, locker, and toilet facilities for patrons in accordance with the Tustin City Code. (1) 2.16 All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. (1) 2.17 Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. Towels, sheets, and linens shall be provided in sufficient quantity and shall not be used by more than one (1) person unless they have been first re-laundered. Separate closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked: "clean linen," "soiled linen." (1) 2.1 S A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin sanitary towels placed in permanently installed dispensers. (1) 2.19 Except to the extent required, in writing, by a state licensed medical practitioner, no massage establishment employee or independent contractor shall massage the genital, buttock, or anal area of any patron or the breasts of any female patron, nor shall any operator or manager of a massage establishment allow or permit such massage. No massage operator or designated manager while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, buttocks, anus, or, in the case of female, her breast{s), are fully covered. Exhibit A Resolution No. 4135 Page 5 (1) 2:20 No person granted a massage permit shall use any name or conduct business under any designation not specified in his or her permit. (1) 2.21 The facility shall have a manager on the premises at all times the massage establishment is open. The operator shall file a statement with the Director of Community Development designating the person or persons with power to act as a manager. The operator and/or on-duty manager shall post, on a daily basis, the name of each on-duty manager and each on-duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with all conditions of approval and the Tustin City Code. All operators andlor on- duty managers must be able to communicate effectively with city regulatory officials. (1) 2.22 No licensed establishment shall be open for business without having at least one massage technician, or MTO certificate holder on the premises, and on duty, at all times when said establishment is open and ready to perform massage therapy. (1) 2.23 The operator shall ensure that copies of massage technician permits or MTO certificates, as the case may be, are prominently displayed for each individual authorized to perform massage in a conspicuously public place in the lobby and each massage technician shall wear his/her massage technician permit at all times when in the massage establishment. Such identification shall be provided to City regulatory officials upon demand. (1) 2.24 No operator or manager shall employ or retain any person to perform massage therapy who does not have a valid massage technician permit or MTO certificate. Every operator or manager shall report to the Director of Community Development any change of employees/independent contractor, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Director. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five days of the hire or termination. The operator shall deliver the permit and photo identification card of any massage technician/independent contractor no longer employed by the operator to the Director within five days. (1) 2.25 All persons employed or retained in the massage establishment shall be fully clothed at all times. Clothing shall be of a fully opaque, nontransparent material and shall provide complete covering from mid- thigh to three inches below the collar bone. (1) 2.26 The operator and/or on duty manager shall maintain a register of all employees/independent contractors, showing the name, nicknames, and Exhibit A Resolution No. 4135 Page 6 aliases used by the such person, home address, age, birth date, sex, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises fora period of two years following termination. The operator and/or manager on duty shall make the register of employees available immediately for inspection by police upon demand of a representative of the Police Department at all reasonable times. (1) 2.27 Pursuant to Business and Professions Code section 4612(c), the massage establishment permittee is responsible for the conduct of all employees and independent contractors working on the business premises. Accordingly, an operator's permit may be suspended or revoked based also upon violations of this chapter committed by the permittee's employees or independent contractors. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the latest applicable codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payments shall be required based upon those rates in effect at the time of payment and are subject to change. a. All applicable Building and Planning plan check and permit fees and Orange County Fire Authority fees shall be paid to the Community Development Department. b. 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.