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HomeMy WebLinkAboutPC RES 35411 RESOLUTION NO. 3541 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 97-008, AUTHORIZING A MASSAGE ESTABLISHMENT AT 650 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I o The Planning Commission finds and determines as follows: Ao That a proper application, Conditional Use Permit 97-008, has been filed by Myong Cha Om requesting authorization to establish a massage establishment within an existing tenant space at 650 E1 Camino Real, E1 Camino Plaza shopping center, Tustin. The facility is characterized by the following factors: 1. Service for both men and women; o Separately partitioned men's and women's sections, each with a separate entrance; . Massage/acupressure rooms (five for men, three for women); 4. Skin care room for women; and . Separate jacuzzi, cold bath, dry sauna, steam sauna and locker room facilities for men and women. B . That the proposed use is allowed within the Central Commercial (C-2P) District with the approval of a Conditional Use Permit. C . That a public hearing was duly called, noticed and held for said application on August 25, 1997 by the Planning Commission. m o 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 residin~ 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: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3541 Page 2 A similar facility in the City of La Mirada is located in a multi-tenant commercial center which shares similar characteristics with the shopping center in which the requested facility is proposed to be located, in that surrounding uses consist of various retail, restaurant and other commercial uses which are largely family oriented. According to La Mirada city staff, there have been no enforcement problems or complaints associated with the facility during its approximately 2~ years of operation. The similarities between the locations of the existing and proposed facilities, and the fact that the La Mirada facility is operating compatibly with its neighboring uses, suggest that the proposed use would be appropriate for the location proposed. . Enforceable conditions of approval have been imposed on the proposed use to ensure that the facility operates in a manner consistent with the representations made by the applicant. These conditions include such requirements as unobstructed clear windows at the storefront, visibility into the acupressure treatment rooms at all times and requiring modest attire to be worn by all employees. . The Tustin Police Department has conducted a criminal history check on the applicant and found no entries, violations or warrants. · A parking analysis was conducted by a licensed traffic engineer, which determined that the subject property has an adequate number of conveniently located parking spaces to accommodate the requested use. · The hours of operation are consistent with the other commercial uses occupying the subject property. No exterior modifications are proposed, so the project will have no effect upon vehicular or pedestrian circulation patterns, or upon the aesthetics of the area in which the use is proposed. !0 !! 12 13 15 16 17 19 20 21 22 23 25 2~ 27 28 Resolution No. 3541 Page 3 m . That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). F · That 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. II. The Planning Commission hereby approves Conditional Use Permit 97-008 authorizing the establishment of a massage establishment at 650 E1 Camino Real 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 25th day of August, 1997.. a mD2: 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 Planning Commission of the City of Tustin, California; that Resolution No. 3541 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August', 1997. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 97-008 CONDITIONS OF APPROVAL RESOLUTION NO. 3541 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped August 25, 1997, on file with the Community Development Department, as herein modified, or as modified by the Director of the Community Development Department in accordance with this Exhibit. (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 Conditional Use Permit approval shall become null and void unless permits for the proposed project 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. (1) 1.4 Approval of Conditional Use Permit 97-008 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 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 of this project. (1) 1.6 Building permits shall not be issued, nor shall activities authorized under this Conditional Use Permit commence, until the License and Permit Board approves and issues the business licenses for both the facility and the individual technicians conducting business at the facility. If the License and Permit Board denies the request, approval of Conditional Use Permit 97-008 shall be null and void. 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 Exhibit A Resolution No. 3541 Page 2 (1) 1.7 The facility and all technicians and other employees 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. PLAN SUBMITTAL (3) 2.1 At building plan check, provide four (4) complete sets of plans and two (2) sets of structural and energy calculations, specifications and reports. Structural, electrical, mechanical and plumbing plans shall be included and shall be wet stamped and signed by the architect or the engineer responsible for the design. (3) 2.2 Plans shall comply with applicable codes, City Ordinances and the state and federal laws and regulations to include: -1994 Uniform Building Code with California Amendments -1994 Uniform Mechanical Code with California Amendments -1994 Uniform Plumbing Code with California Amendments -1993 National Electrical Code with California Amendments -T-24 California Disabled Access Regulations -T-24 California Energy Efficiency Standards (5) 2.3 Plans shall be submitted to County Environmental Health services and clearances shall be obtained and submitted to the Building Division prior to issuance 'of a building permit. (3) 2.4 The tenant space, entrances and exits, path of travel, and sanitary facilities shall be accessible to persons with disabilities. USE RESTRICTIONS *** 3..1 Hours of operation shall not extend beyond 9:00 a.m. and 9:00 p.m., Monday through Sunday. *** 3.2 On-site parking spaces shall be reserved for the proposed use at the rate of one (1) parking space for every 200 square-feet of gross floor area. However, in the event that the Zoning Code is amended to establish a parking rate for massage establishments or similar facilities which would require fewer spaces to be allocated toward the subject use, the number of allocated spaces may be 'reduced accordingly. Exhibit A Resolution No. 3541 Page 3 *** 3.3 The front windows of the facility shall be clear glass and shall not be opaqued or tinted in any manner. At all times, a. minimum of ninety (90) percent of the surface area of each window pane shall be completely unobstructed and provide clear views of the interior of the facility. (5) 3.4 Ail technicians shall have appropriate licensing from the State of California and such licensing shall be clearly displayed on the premises. *** 3.5 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. *** 3.6 Massage treatment and/or application of oils, lotions or other related services shall be allowed only in the designated acupressure treatment rooms. (1) 3.7 A lighting level of no less than ten (10) footcandles 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. *** 3.8 Doors on treatment rooms shall be single/double free- swinging doors, each door not having a vertical dimension of more than four (4) feet, and shall not contain locks or latches of any kind. *** 3.9 Ail owners, managers, agents, independent contractors or anyone else who is not a client of the facility shall wear non-transparent outer garments covering the body from knee to neck. *** 3.10 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. (1) 3.11 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. Exhibit A Resolution No. 3541 Page 4 (1) 3.12 No change or alteration of the approved floor plan shall occur without prior approval in writing from the Community Development Director. If the Director determines that the scope of the proposed alteration warrants review and approval by the Planning Commission, an application to revise the Conditional Use Permit shall be submitted and a new public hearing shall be conducted prior to authorizing the proposed modifications. (1) 3.13 Any increase in law enforcement activity or nuisance complaints resulting from the operation of the proposed facility may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. (1) 3.14 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. .. (1) 3.15 Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. (1) 3.16 Ail building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (1) 3.17 The subject property shall be maintained in a safe, clean and sanitary condition at all times. SIGNS (5) 4.1 Opaque materials and signage shall not cover more than ten (10) percent'of the aggregate area of all windows and doors of the subject tenant space. (5) 4.2 Ail signs, including any change of copy, require review and approval by' the Community Development Department prior to installation. FEES (1) 5.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Exhibit A Resolution No. 3541 Page 5 Building plan check and permit fees to the Community Development Department based on the most current schedule. Pursuant to the Old Town Non-Residential Fee Waiver Policy, plan check and building, plumbing, mechanical, electrical and other City related permit fees are waived for the first $85,000 in construction valuation. (1) 5.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.