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HomeMy WebLinkAbout02 CUP 01-035,-]eport to the Planning Commission DATE: MAY 13, 2002 SUBJECT: APPLICANT: CONDITIONAL USE PERMIT 01-036 BENTLEY'S SALON 14061 PROSPECT AVENUE TUSTIN, CA 92780 ATTN: SADHANA DUDAKIA PROPERTY OWNER: PDC 2i87 NEWCASTLE AVENUE, SUITE 100 CARDIFF, CA 92007 ATTN: MICHAEL PEDICINI LOCATION: 14061 PROSPECT AVENUE ZONING: ENVIRONMENTAL STATUS: REQUEST: PLANNED COMMUNITY COMMERCIAL (PC-COMM) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO PROVIDE MASSAGE SERVICES IN CONJUNCTION WITH SALON SERVICES WITHIN AN EXISTING TENANT SPACE. That the Planning Commission adopt Resolution No. 3831 approving Conditional Use Permit 01-035. The applicant is requesting approval to provide massage services in conjunction with an existing salon in a 1,490 square foot existing tenant space. The tenant space is located within a retail building at the southwest comer of Vandenberg Lane and Prospect Avenue (Attachment A - Location Map). A conditional use permit is required for massage establishments to be established in the planned community commercial district where the building is located. City business license records indicate that the salon has been in operation since 1987, and the City has been aware of massage services being provided since 1996. However, the previous ITEM #2 Planning Commission Report CUP 01-035 May 13, 2002 Page 2 owner did not pursue authorization from the City. At the time of change of ownership in October 2001, the applicant was required to submit a conditional use permit application concurrent with the request for a business license. The Planning Commission has approved four (4) massage establishments within the past several years that provide massage and/or body treatments. Site and Surrounding Properfies The salon occupies a 1,490 square foot tenant space in a 3,700 square foot multiple tenant retail building at the southwest comer of Vandenberg Lane and Prospect Avenue. Although the retail building is located on a separate parcel, it shares common parking and access with the Von's, Sav-on, California Bank and Trust, and California Federal Bank buildings (Attachment A - Location Map). Other tenants within the building include a travel agency and dry cleaners. The prope~'y is zoned Planned Community Commercial (PC-COMM) and is surrounded by commercial uses on the east, west, and north sides and residential uses to the south. Access to the site is provided on Prospect Avenue and Seventeenth Street. project Desc#ption Massage services are proposed to be provided in conjunction with salon services and facial treatments. This facility includes a reception area, an area for hair styling, a manicure area, a treatment room for facials, and a massage treatment room with bathroom facilities (Attachment B - Submitted Plan}. Massage services are provided to individuals separately; Condition No. 2.1 is included to ensure that massage services are limited to one (1) treatment room and provided to one individual at a time. The salon is operated by nine (9) employees, including one (1) massage technician. The hours of operation for the salon are compatible with other retail uses within the center and are as follows'. Tuesday, Wednesday and Thursday 9:00 a.m. to 9:00 p.m. Friday and Saturday 9:00 a.m. to 5:00 p.m, Sunday and Monday Closed * Massage is not provided on Wednesday The massage treatment room and the bathroom/shower exist. However, the applicant would need to provide a dressing area for massage patrons per Tustin City Code Section 3716(h). Since there is only one massage treatment room, a drapery partition would be installed in the massage treatment room to create a dressing area. The applicant is proposing to add a new treatment room with a sink for facials and skin treatments. Condition Nos. 3.1 and 3.2 require the applicant to obtain a building permit P~nning Commission Repod CUP 01-035 May13,2002 Page 3 for tenant improvements and compliance With the Uniform Building Code for all building, electrical, plumbing, and mechanical installations. Parking As previously noted, parking for the retail building where the massage establishment would be located is shared with the parking for Von's, Sav-on, California Bank and Trust, and California Federal Bank. The City's records indicate that the shopping center subdivision was approved.in 1973 with the existing configuration of the retail building on a separate pamel (Attachment C - Site Plan) and there is a reciprocal agreement between the adjacent properties for the purpose of ingress, egress, and common areas. Although located on a separate parcel, there are thirty-two (32) parking spaces located on the southwest corner of the site in front of the retail shops (salon, travel agency, and dry cleaners), which are not frequently used by the retail market or bank customers. The Tustin City Code does not address massage establishments under the parking requirements for commemial uses; these requests are considered on a case-by-case basis through the conditional use permit process. Previous establishments have been required to provide one (1) parking space for each 250 square feet, similar to the ratio required for office/medical uses, which also treat clients individually. Since the salon was required to provide retail parking at a ratio of one (1) parking space for each 200 square feet, sufficient parking would be available for the proposed use. However, staff conducted an inspection of the center and found it is not stdped in accordance with the approved plans on file with the City and does not meet the minimum parking requirements for all of the existing and proposed uses. The retail canter currently has 239 shared parking spaces. The required parking for all uses is as follows: AdGreia, Usa A~ea Reauired Parkltlg 17752 17th Street California Bank & Trust 6,000.j: 4/I00~ 24 17632 17th Street California Federal Bank 4,900 4/1000 19.6 17662 17th Street Von's Retail 18,619 5/1000 93.09 Storage 7,295 1/1000 7.30 Mezz 1,525 1/1000 1.52 Totat 27,439 101.91 17642 17~ Street Sav-on Retail 16,486 5/1000 82.43 Storage 6,339 1/1000 6.40 Total 22,825 88.83 14081 & 14051 Bentley's Salon Retail 1,490 5/1000 7.45 Pros~'t Ave. 14031 & 14041 Travel Agency Retail 2,200 5t1000 11 Prospect Ave. Dry Cleaners Total 252.79 Planning Commission Report CUP 01-035 May 13, 2002 Page 4 Comprehensively, the site is deficient by fourteen (14) parking spaces. Condition No. 2.2 is included to require the applicant and property owners to submit an updated parking summary, including the detailed uses for each tenant (Von's, Sav-on) and provide additional parking to meet the minimum parking requirements, if necessary. Compatibility The land use regulations of the Tustin City Code require a Conditional Use Permit for massage establishments. Although not required by Section 3716Of the Tustin City Code, Condition Nos. 2.1, 2.2; 2.13, 2.14, and 2.15 are included in Exhibit A of Resolution No. 3831 (Attachment D) to ensure compatibility with the surrounding uses. Condition Nos. 2.3, 2.4, 2:5, 2.6; 2:7, 2.8, 2.9, 2.10, 2.11,2~12 and 2.17 are required by Tustin City Code Sections 3710 through 3717 and require compliance with State and City licensing requirements. Licensing Requirements Condition No. 2~3 states that if this Conditional Use Permit is approved, the applicant will be required to appear before the Tustin License and Permit Board to obtain a Permit to Operate as a massage establishment within thirty (30) days. The purpose of the License and Permit Board review is to evaluate the background, qualifications, and moral character of the individuals requesting to operate the business: AS part of the License and Permit Board review, the Tustin Police Department will conduct a cdminal history check on the applicant. The applicant and the massage technician have submitted their application for the License and Permit Board, and a hearing would be scheduled upon approval of the conditional use permit. Minimum licensing requirements for a massage technician include a complete professional background check and proof of graduation from a recognized institution where at least one thousand hours of course work was completed. 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 Cityi A decision to approve this request may be supported 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. Planning Commission Report CUP 01-035 May 13, 2002 Page 5 Conditions of approval have been imposed on the proposed use to ensure compatibility with surrounding uses and that the facility operates in accordance with the representations made by the applicant and all employees. The proposed massage service is ancillary to salon use and can be accommodated by the existing number of retail parking spaces required for the salon. No additional parking is required for the massage use. However, because the center is currently deficient in parking, restripping of the parking area is required to provide adequate parking for all uses. Vehicular and pedestrian access is provided by the existing center; the proposed use will not have an adverse effect upon vehicular or pedestrian circulation patterns of the site, Salon services have been provided for more than fifteen (15) years and massage services have been provided since 1996. No complaints have been received and no parking deficiency has been experienced in the center during the time the facility has been in operation. The proposed use will not have an effect upon the aesthetics of the area in that no exterior modifications, other than restripping of the parking area, would result from the proposed use. Operation hours of 9:00 a,m; to 9:00 p.m. for the facility are consistent with the hours of operation for other commercial uses within the surrounding area. Associate Planner Attachments: A. Location Map B. Submitted Plans C. Site Plan Approved 1996 D. Resolution No. 3831 S:~Cdd~PCREPOR'r~cuP01-035-ma.doc ATTACHMENT A LOCATION MAP LOCATION MAP PROJECT NO. ADDRESS PI~.JEG'T' el'l'p_ '"'"1 ATTACHMENT B SUBMITTED PLANS TOT~_ P.O~ fl X M A V £ 3 ATTACHMENT C SITE PLAN APPROVED IN 1996 I AURINDA WAY MALENA DRIVE  NE COt~ ~'~ODOCIO YOR~A -~'-- ~ PR O,~P~-C T 4O TEODOCIO PAR, ALLOTMENT Tt~,4 C T 3 35 MARCH 1981 TEODOCIO YORBA ALLOTMENT TRACT N~ 2564 PARCEl MAP MM, 74-25,24 t~ M, 52-$2 ATTACHMENT D RESOLUTION NO. 3831 RESOLUTION NO. 3831 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 01- 035, AUTHORIZING MASSAGE SERVICES IN CONJUNCTION WITH OPERATION OF A FULL-SERVICE SALON LOCATED AT 14601 PROSPECT AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application, Conditional Use Permit 01-035, has been filed by Sadhana Dudakia, requesting authorization to provide massage services in association with a full-service salon in a 1,490 square foot tenant space at 14601 Prospect Avenue. That the proposed use is allowed within the Planned Community Commercial (PC-COMM) District with the approval of a Conditional Use Permit. 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. That a public hearing was duly called, noticed, and held for said application on May 13, 2002, by the Planning Commission. 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: 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. Conditions of approval have been imposed on the proposed use to ensure compatibility with surrounding uses and that the facility operates in accordance with the representations made by the applicant and all employees. The proposed massage service is ancillary to salon use and can be accommodated by the existing number of retail parking spaces required for the salon. No additional parking is required Resolution 3831 Page 2 for the massage use. However, because the center is currently deficient in parking, restripping of the parking area is required to provide adequate parking for all uses. Vehicular and pedestrian access is provided by the existing center; the proposed use will not have an adverse effect upon vehicular or pedestrian circulation patterns of the site. Salon services have been provided for more than f~een (15) years, and massage services have been provided since 1996. No complaints have been received and no parking deficiency has been experienced in the center during the time the facility has been in operation. The proposed use will not have an effect upon the aesthetics of the area in that no exterior modifications, other than restdpping of the parking area, would result from t'he proposed use. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 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 01-035 authorizing massage services in conjunction with a full service salon in a 1,490 square foot tenant space at 14061 Prospect Avenue, 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 13th day of May, 2002. ELIZABETH A. BINSACK Planning Commission Secretary DOUGLASS S. DAVERT Chairperson Resolution 383t 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. 3831 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of May, 2002. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 01-035 CONDITIONS OF APPROVAL RESOLUTION NO. 3831 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped May 13, 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 Di'rector 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. (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. (I) 1.3 The subject project approval shall become null and void unless permits are issued 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 01-035 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 within fifteen (15) days of the date of this Exhibit. (1) 1.$ As a condition of approval of Conditional Use permit 01-035, 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 defense of any such action under this condition. SOURCE CODES STANDARD CONDITION REQUIREMENT (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODEIS (7) (4) DESIGN REVIEW *** ($) RESPONSIBLEAGENCY LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Resolution 383'1 Exhibit A Page 2 (1) 1.6 Any violations of the Tustin City Code or conditions of approval of this Conditional Use Permit, as determined by a City representative, may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. 1.7 Violations, as determined by the Orange County Health Care Agency, may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. (1) 1.8 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, headng, and appeal process as established by the City Council ordinance. (1) (1) 1.9 %10 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, headng, and appeal process as established by the City Council by ordinance. Conditional Use Permit 01-035, 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 01-035, 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. USE RESTRICTIONS 2.1 Massage services shall be provided to a maximum of one individual at a time in one (1) room identified on the approved site plan. A dressing area, shower/bathroom facility, and locker shall be provided in the massage treatment room within thirty (30) days of the date of this Exhibit. The type of services, number of rooms, floor plan, or number of patrons shall not be modified without written approval of the Community Development Department. 2.2 The applicant shall work with the adjoining property owners to provide an updated site plan and parking summary to the Community Development Department for review and approval within thirty (30) days of the date of this Exhibit. If it is demonstrated that additional parking is required to meet the minimum parking requirements, the parking area shall be re- striped to provide additional parking spaces within sixty (60) days of the date of this Exhibit, Resolution 3831 Exhibit A Page 3 (1) 2.3 (1) 2.4 (1) 2.s (1) (1) 2.7 (*) 2.8 (1) 2.9 (*) 2. o (4) 2.11 The applicant shall submit an application to and obtain approval from the License and Permit Board within thirty (30) days of the date of this Exhibit or cease massage operations. 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 herein. All massage technicians shall obtain and display on the premises in a visible location at all times a license to operate at this facility from the License and Permit Board prior to beginning work at the approved establishment. In addition, all massage therapy technicians shall have appropriate licensing from the State of California, and such licensing shall be cleady displayed on the premises. 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. The subject property shall be maintained in a safe, clean, and sanitary condition'at all times. A lighting level equivalent to no less than ten (10) foot-candles shall be maintained in public rooms, waikways and at any point within each mom 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 within thirty (30) days of the date of this Exhibit. The applicant shall provide light meter testing with a City representative present to redly lighting levels within forty-five (45) days of the date of this Exhibit, All owners, managers, employees, technicians, independent contractors, or anyone else who is not a client of the facility shall wear non-transparent outer garments covering the body from the knee to the neck. No sexually odented 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 not be equipped with any locking devices. Resolution 3831 Exhibit A Page 4 (1) 2.12 (5) 2.13 (1) 2.14 (1) 2.1s (1) 2.16 (3) 2.17 PLAN (1) 3.1 (3) 3.2 FEES (1) 4,1 The owner, operator, responsible managing employee, manager, or licensees of the facility shall cooperate fully with all City officials, law enfomement 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. Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed, 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. Two (2) exits from the building shall be maintained clear and unobstructed at all times and from any area with occupant loads of thirty (30) or more. SUBMITTAL The applicant shall obtain all necessary permits from and pay fees to the Building Department pdor to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin City Code. At the time of building permit application, the plans shall cemply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Prior to issuance of any building permits, if applicable, payment shall be made of all applicable fees, including but not limited to, the following fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. Resolution 3831 Exhibit A Page 5 (1,5) b. Orange County Fire Authority plan check and inspection fees to the Community Development Department 13ased upon the most current schedule. 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 $43.00 (forty-three dollar's) 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.