HomeMy WebLinkAboutPC RES 4252RESOLUTION NO. 4252
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN
UPHOLDING THE DENIAL OF THE TUSTIN DAY SPA MASSAGE
ESTABLISHMENT PERMIT APPLICATION FOR THE PREMISES LOCATED
AT 18121 IRVINE BOULEVARD, SUITES A & B.
The Planning Commission of the City of Tustin does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That on September 18, 2013, a proper application for a massage
establishment permit was submitted by Ms. Lisa Huynh, as owner and
operator, for the operation of a facility named Tustin Day Spa located at
18121 Irvine Boulevard, Suites A & B, Tustin, California (the "Proposed
Location ");
B. That prior to Ms. Huynh's submittal of a massage establishment permit
application, another massage establishment, known as Aquatic Oasis, had
operated from the Proposed Location;
C. That on August 15, 2013, the Tustin Police Department conducted an
undercover investigation of Aquatic Oasis 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
Aquatic Oasis 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 Aquatic Oasis massage establishment permit;
F. That the Hearing Officer determined that good cause existed to support the
revocation of the massage establishment permit for Aquatic Oasis;
G. That on November 13, 2013, the Director of Finance revoked the Aquatic
Oasis 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has been revoked, and where there has not been an intervening change in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 November 25, 2013, the Director of Finance denied the massage
establishment permit application for Tustin Day Spa, in accordance with
Tustin City Code Section 3741, because the Aquatic Oasis massage
establishment permit had been revoked at the Proposed Location within the
preceding twelve (12) month period;
K. That on December 2, 2013 Ms. Huynh appealed the denial of the massage
establishment permit application for Tustin Day 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 Tustin Day
Spa massage establishment permit application occurred less than one month
following revocation of the Aquatic Oasis 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 Tustin Day 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 Tustin Day Spa
massage establishment permit application for the premises located at 18121
Irvine Boulevard, Suites A & B, Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held
on the 28th day of January, 2014.
�AL-
-STE I= I:OZAK
Chairperson
ELIZABETH A. BIN SACK -�
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. 4252 duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 28th day of January, 2014.
ELIZABETH A. BINSACK
Planning Commission Secretary