HomeMy WebLinkAboutPC RES 4253RESOLUTION NO. 4253
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN
UPHOLDING THE DENIAL OF THE LE PETITE SPA MASSAGE
ESTABLISHMENT PERMIT APPLICATION FOR THE PREMISES LOCATED
AT 13762 NEWPORT AVENUE, SUITE C.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That on October 25, 2013, a proper application for a massage establishment
permit was submitted by Mr. Garrett Biggs, as owner and operator, for the
operation of a facility named Le Petite Spa located at 13762 Newport Avenue,
Suite C, Tustin, California (the "Proposed Location ");
B. That prior to Mr. Biggs' submittal of a massage establishment permit
application, another massage establishment, known as Elegant Spa, had
operated from the Proposed Location;
C. That on October 4. 2013, the Tustin Police Department conducted an
undercover investigation of Elegant Spa and made an arrest for solicitation of
prostitution in violation of California Penal Code Section 647;
D. That on October 14, 2013, the Director of Finance notified the owner of
Elegant Spa of the City's intent to revoke its massage establishment permit
due to violations of Tustin City Code Sections 3667 and 3668;
E. That on October 28. 2013, an independent Hearing Officer held an open
hearing to receive and consider all testimony and relevant evidence
concerning revocation of the Elegant Spa massage establishment permit;
F. That the Hearing Officer determined that good cause existed to support the
revocation of the massage establishment permit for Elegant Spa;
G. That on November 13. 2013, the Director of Finance revoked the Elegant Spa
massage establishment permit and transmitted notice of said revocation to
the owner and operator of the facility;
H. That pursuant to Tustin City Code Section 3741, the Director of Finance shall
reject an application for a business permit for a particular location where,
within the preceding twelve (12) months, a business permit at that location
has been revoked, and where there has not been an intervening change in
the circumstances that would eliminate the reasons for revocation;
I. That California Business & Professionals Code Section 4613(c) authorizes
the City to restrict the opening of a new massage establishment in a location
in which a massage establishment has been closed due to criminal activity;
J. That on December 5, 2013, the Director of Finance denied the massage
establishment permit application for Le Petite Spa, in accordance with Tustin
City Code Section 3741, because the Elegant Spa massage establishment
permit had been revoked at the Proposed Location within the preceding
twelve (12) month period;
K. That on December 12, 2013 Mr. Biggs appealed the denial of the massage
establishment permit application for Le Petite Spa;
L. That a public hearing on the matter was duly called, noticed, and held for said
appeal on January 28, 2014, by the Planning Commission;
M. That the Planning Commission determines that the denial of the Le Petite Spa
massage establishment permit application occurred less than one month
following revocation of the Elegant Spa massage establishment permit for the
Proposed Location;
N. That the Planning Commission determines that there has not been an
intervening change in circumstances that would eliminate the reasons for the
revocation; and
O. That the Planning Commission determines, based on the foregoing, that the
Director of Finance properly denied the massage establishment permit
application for Le Petite Spa pursuant to Tustin City Code Section 3741 and
in accordance with California Business & Professionals Code Section
46013(c).
II. The Planning Commission hereby upholds the denial of the Le Petite Spa
massage establishment permit application for the premises located at 13762
Newport Ave, Suite C, Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held
on the 28th day of January, 2014.
,STE
� 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 Planning Commission of the City of Tustin, California; that
Resolution No. 4253 duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 28`h day of January, 2014.
ELIZABETH A. BINSACK
Planning Commission Secretary