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HomeMy WebLinkAbout02 CUP 02-020Report to the ITEM NO. ~ Planning Commission DATE: NOVEMBER 12, 2002 SUBJECT: CONDITIONAL USE PERMIT 02-020 APPLICANT: STUDIO 17 KRISTIN CHAHBAZIAN 17331 EAST SEVENTEENTH STREET TUSTIN, CA 92780 PROPERTY OWNER: KODASH INC./TUSTIN PROPERTIES 3625 DEL AMO BLVD., #130 TORRANCE, CA 90503 LOCATION: 17331 EAST SEVENTEENTH STREET ZONING' COMMERCIAL GENERAL (CG) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO PROVIDE MASSAGE SERVICES IN CONJUNCTION WITH SALON SERVICES WITHIN AN EXISTING TENANT SPACE. RECOMMENDATION That the Planning Commission adopt Resolution No. 3851 approving Conditional Use Permit 02-020. BACKGROUND The applicant is requesting approval to provide massage services in conjunction with an existing salon, which is located within a retail building at the northeast corner of Carroll Way and Seventeenth Street (Attachment A- Location Map). The City's business license records indicate that the salon has been in operation since June of 1999 under this ownership. A conditional use permit is required for massage services to be established in the Commercial General zoning district. In addition, on June 3, 2002, the City Council adopted Ordinance No. 1252, related to personal services such as fortunetelling, check cashing and massage services (Attachment B - Excerpts of Ordinance No. 1252). This ordinance requires specific facilities for massage establishments and sets forth standard Planning Commission Report CUP 02-020 November 12, 2002 Page 2 operational conditions and permit requirements. The proposed massage establishment has been reviewed in accordance with the newly adopted ordinance. Site and Surrounding Properties The property is zoned Commercial General (CG) and is surrounded by commercial uses on the west and north and residential uses on the east and north. The salon occupies a 3,240 square foot tenant space in a multiple tenant retail building at the northeast corner of Carroll Way and Seventeenth Street. The retail building shares common parking and access with several buildings within the center known as "Tustin French Quarter"; access to the site is provided on Carroll Way and Seventeenth Street. Other tenants within the center include various service, office, and retail uses such as Marshalls, several restaurants, a cleaners, and a dentist. DISCUSSION Project Description Massage services would be in conjunction with salon services and facial treatments. The facility includes a reception area, hair styling facilities, a make-up area, a manicure area, an employee lounge and bathroom, two customer restrooms, and two (2) treatment rooms for facials, one of which will be used for massage services (Attachment C - Submitted Plans/Parking Summary). As such, massage services would be provided to one (1) individual at a time. All facilities required by the newly adopted Ordinance No. 1252 such as an employee washbasin and a client changing area with lockers would be provided. Condition 2.1 would require the applicant to submit plans to demonstrate compliance with ventilation, lighting, and other requirements. In addition, Conditions 3.1 through 3.20 are included in Resolution No. 3851 to ensure compliance with Ordinance No. 1252, the Uniform Building Code, and representations made by the applicant (Attachment D). The salon would be operated by a maximum of sixteen (16) employees on the premises, 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: Monday thru Friday Saturday Sunday 8:00 a.m. to 9:00 p.m. 8:00 a.m. to 6:00 p.m. Closed Condition 3.1 would require all massage services to be provided during the operating hours of the salon. Parking Parking for the facility is shared with several other retail buildings within the center. City records indicate that a parking reduction was granted by Conditional Use Permit 84-14 in 1984. The required number of parking spaces was reduced from 518 to 368 for a Planning Commission Report CUP 02-020 November 12, 2002 Page 3 maximum of 350 seats for restaurant uses and 80,207 square feet of retail uses. Based on the current site plan and parking summary provided by the management company and verified by staff, the center currently provides 381 parking spaces, which exceed the number required by Conditional Use Permit 84-14. The Tustin City Code does not address massage establishments under the parking requirements for commercial 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, more parking than what has been required for other massage establishments would be available for the proposed use. In addition, the salon has been in operation since 1999 under the current ownership, and no parking deficiency has been documented in the center during this time. The proposed massage services would be provided in a room that has been used for facial treatments for individuals and massage treatments would also be limited to one (1) person at a time. Since the use of the room is not intensifying, the proposed use does not have the potential to increase the parking demand and no additional parking should be required. Licensing Requirements If this conditional use permit is approved, the applicant will be required to obtain a Massage Operator Permit and each massage technician will be required to obtain a Massage Technician Permit in accordance with Ordinance No. 1252. As stated in Ordinance No. 1252, the applicant and all technicians will be required to fulfill a number of requirements related to providing identification and qualifications for providing massage services. ANALYSIS 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: o Appropriate conditions are included to ensure compliance with the regulations for massage establishments and technicians as set forth in Ordinance No. 1252 and representations by the applicant and ensure compatibility with surrounding commercial and residential uses. , The proposed massage services are ancillary to the salon use and can be accommodated by the existing number of retail parking spaces required for the Planning Commission Report CUP 02-020 November 12, 2002 Page 4 salon. The salon has been in operation since 1999 under the current ownership, and no parking deficiency has been documented in the center during this time. The proposed massage services would be provided in a room that has been used for facial treatments for individuals and massage treatments would also be limited to one (1) person at a time. Since the use of the room is not intensifying, the proposed use does not have the potential to increase the parking demand and no additional parking should be required. , Massage services would be provided during the salon's normal operating hours and the proposed hours of operation from 8:00 a.m. to 9:00 p.m. on Monday through Friday and 8:00 a.m. to 6:00 p.m. on Saturday are consistent with the hours of operation for other commercial uses in the area and compatible with nearby residential uses. Minoo Ashabi Associate Planner Karen Peterson Senior Planner Attachments: A. Location Map B. Excerpts of Ordinance No. 1252 C. Submitted Plans/Parking Summary D. Resolution No. 3851 S:\Cdd\PCRE PORT~CU P02-020-ma.doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS Project Site 771 13}'11 13~31 13771 ' ' I 8(~dNEJI DRI~ ~EEHA VEN  ~ONDO$  1391t FRENCH ~UAR TER TRACT 4587 ~ ,3,3, R ~ ~ /':'" BTREET ATTACHMENT B Excerpts of Ordinance No. 1252 Ordinance No. 1252 Page 38 PART 1 CHECK CASHING 3611 CHECK CASHER PERMIT REQUIRED No person shall conduct the business of check casher without a valid Check Casher Permit issued by the Director. 3612. PREREQUISITE FOR CHECK CASHER PERMIT ' No person shall engage in the business of check casher without a valid state check casher permit issued by the California Department of Justice. 3613 REGULATIONS FOR CHECK CASHERS a Compliance with State Law Check cashers shall comply with all applicable provisions of California Civil Code Section 1789.30 P,J_se, Cl. Check cashers shall post a complete, detailed, and unambiguous list of all fees for check cashing services in plain view in clear, legible letters of not less than one-half inch in height. A check casher shall post in plain view a list of valid identification which the business will accept for cashing checks in clear legible letters of not less than one-half inch in height. A check casher permittee shall not transfer Or assign a check casher permit. PART 2 MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS 3621 PERMITS REQUIRED/ANNUAL RENEWAL REQUIRED No person shall engage in business as a massage technician or as the operator of a massage establishment without having a valid massage technician permit or massage operator permit issued pursuant to this Article. Massage Operator permits and Massage Technician permits shall be valid for a maximum of one (1) year. Each Massage Technician and Massage Operator shall renew the permit annually. 3622 PREREQUISITES FOR MASSAGE OPERATOR PERMIT No person shall be.eligible to receive a massage operator permit until such person has obtained a valid conditional use permit for a massage establishment pursuant to Tustin' City Code Section 9232, 9233, 9234, or 9235. Ordinance No. 1252 Page 39 3623 APPLICATION REQUIREMENTS.FOR MASSAGE OPERATOR PERMIT In addition to all'other information requested on the application form, the application shall contain or be accompanied by the following: (1) Information regarding the type of ownership of the business, i.e., whether by individual, .partnemhip, Corporation,. or otherwise. If the applicant is a corporation, the-name of the corporation shall be set forth exactly as shown in its articles.of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is 'a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with. the Secretary of State. If one or more of the partners is a corporation, the provision of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this Chapter. (2) The precise name-under which the massage establishment is to be conducted. (3) The complete address and telephone numbers of the massage establishment. (4) A complete current list of the names and residence addresses of all proposed massage technicians and other employees in the massage establishment and the name and residence address(es) of the manager(s). A manager is the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities or who acts with .evidence of management. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct or hire and dismiss employees, control hours-of operation, create policy or rules, or purchase supplies. A manager may also be an owner. A manager must meet the standards and qualifications for a massage technician permit to qualify as a manager and obtain a massage technician permit. (5) A description of any other business operated on the same premises, or within the City of Tustin, or within the State of California, which is owned or operated by the applicant. Ordinance No. 1252 Page 40 (6) The following personal information concerning the applicant: (a) Full complete name and all aliases used by the applicant; (b) Current address 'and all previous residential addresses for eight (8) years immediately preceding the present applicant's address; (c) Proof that the applicant is at'least eighteen (18) years of age; (d) Height, weight, color of hair,.eyes, and sex; (e) Two (2) front faced portrait photographs at least two inches by two inches (2"x2")in size; (f) The applicant's complete business, occupation, and employment history for eight (8) years preceding the date of application: (g) The comple[e massage permit history of the applicant; whether such .person has ever had any permit or license issued by any agency, board, · city, county, territory, or state; the date of issuance of such a permit or license, Whether the permit or license was denied, revoked, or suspended; or if a vocational professional license or permit was denied, revoked, or suspended; and the reason therefor; (h) All criminal convictions, including pleas of nolo contendere, within the last five (5 years), including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date .and place of each such conviction and reason therefor; and, (i) A complete set of fingerprints taken by the Police Department. (7) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. If the applicant is not the legal owner of the property, the application must 'be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property. (8) Authorization for the City, its agents and employees to seek verification of the information contained in the application. 3624 OPERATOR, MANAGER, AND MASSAGE TECHNICIAN REGULATIONS Except a~ required by a State licensed medical practitioner, no massage" technician, massage technician aide, or employee 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 Ordinance No. 1252 Page 41 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 breasts, .are fully covered. No person, operator or massage technician granted a permit pursuant to this Article 3 shall use any name or conduct business under any designation not specified in his/her permit. All massage establishments shall have a manager on the premises at all times the massage establishment is open. The operator and/or manager shall post, on a daily basis, the name of each on-duty manager and each on-duty technician in a conspicuous public place inthe lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this Chapter. All operators and/or on-duty managers must be able to communicate effectively with City officials. No licensed establishment shall be open for the business of massage without having at least one (1) massage technician holding a current valid permit of the specific establishment on the premises, and on duty, at all times when said establishment is open.. The operator and/or manager(s) shall ensure the massage technician permit for each on-duty massage technician is displayed in a conspicuous public place in the lobby and that each massage technician is wearing or has his/her massage technician permit on his/her person at all times when in the massage establishment. Such identification shall be provided to City officials upon demand. An operator and/or on-duty manager shall be responsible for the conduct of all employees while the employees are on the licensed premises. Any act or omission of any employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operato~s' license shall be revoked, suspended, denied, or renewed. No operator or manager shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this Article 3. Every operator or manager shall report to the Director any change of employees, 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 (5) days of the hire or termination. The operator or designee shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the Director within five (5) days of termination of employment. All persons employed in the massage establishment ~shall be fully clothed. Clothing shall be of a fully opaque material and shall provide complete covering from mid- thigh to three (3)inches below the collarbone. Ordinance No. 1252 Page 42 The operator and/or on duty manager shall maintain a register of all employees, showing the name, nicknames, and aliases used by the employee, home address, age, birth elate., 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 for .a 'period of two (2) 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. A permittee shall comply with all provisions of this ChaPter and any applicable provision of the Tustin Municipal Code. The massage technician shall have his/her massage technician permit on his/her person at all times when present in the massage establishment. Such identification shall be provided to City.officials upon demand. Massage technicians shall not perform any massage at any location other than the location specified on the permit. While on duty, the massage technician shall not use any name other than that specified on the permit. 3625 APPLICATION REQUIREMENTS FOR MASSAGE TECHNICIAN PERMIT In addition to the information requested on the application form, the application shall contain or be accompanied by the following information: (1) A .statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with said location, and the name and address of the massage establishment. (2) The following personal information concerning the applicant: (a) Full complete name and all aliases used by the applicant, along with complete residence address and telephone; (b) Residential addresses for eight (8) years immediately preceding the present address of the applicant; (c) Acceptable written, proof that the applicant is at least eighteen (18) years of age; (d) Height, weight, color of hair and eyes, and sex; (e) Two (2) front faced portrait photographs at least two inches by two inches (2"x 2") in size; (f) The business, occupation, and employment history of the applicant for eight (8) years immediately preceding the date of the application; and, Ordinance No. 1252 Page 43 (g) The complete permit history of the applicant and whether such perSon has ever had any license or permit issued by any agency, board, city, or other jurisdiction denied, 'revoked, or suspended and the reasons therefor. (3) Criminal convictions, including pleas of nolo contendere, within the last ten (10) years, including those dismissed or expunged pursuant to Penal Code .Section 1203.4, but excluding minor traffic violations, and the date and place of each such convicti°n and reason therefor. (4) A complete-set of fingerprints, taken bY the Police Department. (5) Such other information and identification as the Chief of Police may require to discover the truth of the matters herein specified and as required to be set forth in the application. (6) Authorization for the City, its agents and employees to seek verification of the information contained in the application. (7) A statement in writing, and dated, by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct. (8) If dudng the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Director in writing of such change within ten (10) business days thereafter. Each applicant must fumish an original or certified' copy of a diploma or certificate and certified transcript of graduation evidencing completion of 1,000 hours in a progressive course of instruction from a recognized School of Massage, wherein the method, practice, profession, theory, ethics, anatomical, and physiological knowledge and practice of massage technician is taught by State-certified instructors. A recognized School of Massage means any school or institution of learning which teaches, through State-certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the Calif0mia Education Code section 94310 or 94311, and which requires a resident course of study before the student shall be furnished with a dipioma or certificate of graduation. Schools offedng a correspondence course -not requiring actual physical attendance shall not be deemed a recognized school. Duplicate courses shall not be accepted. The applicant must also supply a course description, an outline of material covered, and a letter to the City from the school administrator verifying completion. The Director may consider an applicant's study of massage completed outside the State of California if proof of completion from a formalized and progressive course of study in massage practice, anatomy, and/or physiology is provided with the application. Ordinance No. 1252 Page 44 Proof of completion shall include dates of study and the name, address, and phone number of the school attended. Any outside course of study submitted for approval shall meet the State of California's Office of Post-Secondary Education's minimum requirements and be for completion of 1,000 hours of on-premises training. 3626 MASSAGE ESTABLISHMENT REGULATIONS No massage operator permit shall be issued unless an inspection by the City of Tustin-reveals that the massage establishment complies with each of the following regulations: 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. (2) Minimum lighting shall be provided.in accordance with the Uniform Building Code. 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. (3) Minimum ventilation shall be provided in accordance With the Uniform Building Code. (4) 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. (5) Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material acceptable to the department or agency designated by the City Manager to make inspections for compliance with health standards. (6) 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. (7) Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons, except that dressing and locker facilities shall not be required if all patrons remain fully clothed while in the massage establishment, and Ordinance No. 1252 Page 45 bathing facilities shall be required only when the massage establishment provides steam rooms or sauna baths. If applicable, a minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well .as a minimum of one toilet and one wash basin shall be provided by the massage establishment, provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, seParate dressing, and separate toilet facilities shall be provided for male and female patrons. Where steam rooms or sauna baths are provided, if male and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and-similar equipment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room. (8) 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. (9) 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 relaundered. 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." (10) 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.. 3627 CHANGE OF OWNERSHIP A massage establishment operator shall report to the Director within ten (10) days any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than five (5) percent of the stock of the corporation, officers, Ordinance No. 1252 Page 46 directors, and partners in any and all changes of name, style, or designation under whiCh the business is to be conducted, and all changes of address or telephone numbers of the massage business. A change of location of any premises may be apprOved by the Director, provided there is compliance with all applicable regulations of the City and a conditional use permit has been approved for the new location. No massage establishment permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons. Any suCh sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit and Such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the. partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Director, shall be placed in the name of the surviving partners. A massage establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred, or assigned after the issuance of a permit, or any stock authorized but not issued at the time of the granting of a permit is thereafter issued or sold, transferred, or assigned. No massage technician permit may be sold, transferred, or assigned by a permittee, or any operation of law, to. any other person or persons. 3628 EXEMPTION The requirements of this Chapter shall have no effect upon and shall not be construed as applying to any persons designated as follows: State-licensed physicians, surgeons, chiropractors, physical therapists, and osteopaths; (2) Registered or Licensed vocational nurses or massage technicians working on the premises of a State-licensed physician, surgeon, chiropractor, physical therapist, or osteopath, whether employed by such person or not, while the State-licensed physician, surgeon, chiropractor, physical therapist, or osteopath is present at the location where the massage takes place; (3) Barbers, beauticians, and cosmetologists who are duly licensed under the laws of the State of California; provided ,massage is limited to the head, neck, feet, hands, lower legs (to the knee), and forearms (to the elbow); and, (4) Trainers of any semi-professional or professional athlete or athletic team. ATTACHMENT C Submitted Plans z o' ~) 0 (~ o CL c -- ,__ 0 (~ ~) 0 _ '0 ~) ,__ 0 o c 0 0 .-- I-- .-- o MA~A6~ RETAIL ATTACHMENT D Resolution No. 3851 RESOLUTION NO. 3851 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-020, AUTHORIZING MASSAGE SERVICES IN CONJUNCTION WITH OPERATION OF A FULL-SERVICE SALON LOCATED AT 17331 E. SEVENTEENTH STREET The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 02-020, has been filed by Kristin Chahbazian, requesting authorization to provide massage services in association with a full-service salon in a 3,240 square foot tenant space at 17331 E. Seventeenth Street. a. That the proposed use is allowed within the Commercial General (CG) zoning district with the approval of a Conditional Use Permit. C. That the proposed use is consistent with the General Plan land use designation of Community Commercial which provides for a variety of retail, professional office, and service-oriented business activities. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That a public hearing was duly called, noticed, and held for said application on November 12, 2002, by the Planning Commission. Eo 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: a. Appropriate conditions are included to ensure compliance with the regulations for massage establishments and technicians as set forth in Ordinance No. 1252 and representations by the applicant and ensure compatibility with surrounding commercial and residential uses. bo The proposed massage services are ancillary to the salon use and can be accommodated by the existing number of retail parking spaces required for the salon. The salon has been in operation since 1999 under the current ownership, and no parking deficiency has been documented in the center Resolution 3851 Page 2 during this time. The proposed massage services would be provided in a room that has been used for facial treatments for individuals and massage treatments would also be limited to one (1) person at a time. Since the use of the room is not intensifying, the proposed use does not have the potential to increase the parking demand and no additional parking should be required. C, Massage services would be provided during the salon's normal operating hours and the proposed hours of operation from 8:00 a.m. to 9:00 p.m. on Monday through Friday and 8:00 a.m. to 6:00 p.m. on Saturday are consistent with the hours of operation for other commercial uses in the area and compatible with nearby residential uses. F, 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 02- 020 authorizing massage services in conjunction with a full service salon in a 3,240 square foot tenant space at 17331 E. Seventeenth Street, 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 12th day of November, 2002. Stephen V. Kozak Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3851 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of November, 2002. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) (.1) GENERAL EXHIBIT A CONDITIONAL USE PERMIT 02-020 CONDITIONS OF APPROVAL RESOLUTION NO. 3851 1.1 1.2 The proposed use shall substantially conform with the submitted plans for the project date stamped November 12, 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. 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the commencement of massage operations, subject to review and approval by the Community Development Department. 1.4 The subject project approval shall become null and void unless the applicant submits plans as required by Condition 2.1 of this permit and permits, if applicable, 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) 1.5 Approval of Conditional Use Permit 02-020 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. As a condition of approval of Conditional Use permit 02-020, 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 (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION UNIFORM BUILDING CODE/S (6) DESIGN REVIEW (7) EXCEPTIONS RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3851 Exhibit A - Conditions of Approval Page 2 (1) 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) 1.7 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. (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, hearing, and appeal process as established by the City Council ordinance. (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 1.10 Conditional Use Permit 02-020 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 02-020, 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. PLAN SUBMITTAL (1) 2.1 Prior to providing massage services, the applicant shall submit plans to demonstrate compliance with all requirements of Ordinance No. 1252 and this conditional use permit. Plans shall comply with the most recently adopted Uniform Building Code. USE RESTRICTIONS (**) 3.1 Massage services shall be provided to individuals in a maximum of one (1) treatment room in a 3,240 square foot salon during the hours of operation of the salon which shall be from 8:00 a.m. to 9:00 p.m. on Monday through Friday and 8:00 a.m. to 6:00 p.m. on Saturday. No bath or sauna services may be rendered unless the applicant obtains permits to install a shower facility. The type of services, number of rooms, floor plan, patrons, or employees shall not be modified without written approval of the Community Development Department. Resolution No. 3851 Exhibit A - Conditions of Approval Page 3 (1) 3.2 The operator shall obtain a Massage Operator Permit issued by the City of Tustin prior to providing massage services. The Massage Operator Permit shall be displayed on the premises in a visible location at all times. (1) 3.3 All massage technicians shall obtain a Massage Technician Permit issued by the City of Tustin prior to providing massage services. The operator and/or manager(s) shall ensure the Massage Technician Permit for each on- duty massage technician is displayed in a conspicuous public place in the lobby at all times and that each massage technician is wearing or has his/her Massage Technician Permit on his/her person at all times when in the facility. In addition, all massage technicians shall have appropriate licensing from the State of California and such licensing shall be displayed in a conspicuous public place in the lobby at all times. Such identification shall be provided to City officials upon demand. (1) 3.4 Minimum lighting shall be provided in accordance with the Uniform BUilding Code. 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) 3.5 Minimum ventilation shall be provided in accordance with the Uniform Building Code. (1) 3.6 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) 3.7 Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof materials acceptable to the department or agency designated by the City Manager to make inspections for compliance with health standards. (1) 3.8 Adequate dressing, locker, and toilet facilities shall be provided' for patrons. A minimum of one separate locker for each patron to be served shall be provided, which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin shall be provided by the massage establishment. Hot and cold running water under pressure shall be provided to washbasins and similar equipment. Each washbasin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room. (1) 3.9 All walls, ceilings, floors, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Resolution No. 3851 Exhibit A - Conditions of Approval Page 4 (1) 3.10 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 first been re-laundered. Separate closed cabinets or containers shall be provided for storage of clean and soiled linen and shall be plainly marked: "Clean Linen," "Soiled Linen." (1) 3.11 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 washbasin sanitary towels placed in permanently installed dispensers. (1) 3.12 An operator and/or manager shall be on the premises at all times when massage is provided. The operator and/or 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 Ordinance No. 1252. All operators and/or on-duty managers must be able to communicate effectively with City officials. (1) 3.13 The facility shall not be open for the business of massage without having at least one (1) massage technician holding a current valid permit of the specific establishment on the premises, and on duty, at all times when said establishment is open. The operator or manager shall not employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to Ordinance 1252. Every operator or manager shall report to the Director any change of employees, 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 (5) days of the hire or termination. The operator or designee shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the Director within five (5) days of termination of employment. (1) 3.14 The operator and/or on-duty manager shall be responsible for the conduct of all employees while the employees are on the licensed premises. Any act or omission of any employee constituting a violation of the provisions of Ordinance No. 1252 or this conditional use permit shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, denied, or renewed. (1) 3.15 All persons employed in the facility shall be fully clothed. Clothing shall be of a fully opaque material and shall provide complete covering from mid-thigh to three (3) inches below the collarbone. Resolution No. 3851 Exhibit A - Conditions of Approval Page 5 (1) 3.16 The operator and/or on-duty manager shall maintain a register of all employees, showing the name, nicknames, and aliases used by the employee, 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 for a period of two (2) 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) 3.17 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. Doors on the rooms where massage services are performed shall not be equipped with any locking devices. 3.18 No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (*) 3.19 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. 3.20 All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. FEES 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. 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. (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 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.