Loading...
HomeMy WebLinkAboutPC RES 3851RESOLUTION 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. E. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: ao 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. b. 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. Planning Commission Secretary ./~tel~h~) Kozak Chairperson 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. Planning Commission Secretary (1) GENERAL 1.1 1.2 1.3 1.4 (1) 1.s EXHIBIT A CONDITIONAL USE PERMIT 02-020 CONDITIONS OF APPROVAL RESOLUTION NO. 3851 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. 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. 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. 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) 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) 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) 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 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 one (1) individual at a time 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. 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 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 (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. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Ao 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.