HomeMy WebLinkAboutCC RES 14-21RESOLUTION NO. 14 -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, UPHOLDING THE DENIAL OF THE TUSTIN DAY SPA
MASSAGE ESTABLISHMENT PERMIT APPLICATION FOR THE
PREMISES LOCATED AT 18121 IRVINE BOULEVARD, SUITES A & B
TUSTIN, CALIFORNIA
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, 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 ");
WHEREAS, 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;
WHEREAS, 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;
WHEREAS, 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;
WHEREAS, 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;
WHEREAS, that the Hearing Officer determined that good cause existed to
support the revocation of the massage establishment permit for Aquatic Oasis;
WHEREAS, 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;
WHEREAS, 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within the preceding twelve (12) months, a business permit at that location has been
revoked, and where there has not been an intervening change in the circumstances that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 correct the reasons for revocation;
WHEREAS, 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;
Resolution No. 14 -21
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WHEREAS, 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;
WHEREAS, that on December 2, 2013, Ms. Huynh appealed the denial of the
massage establishment permit application for Tustin Day Spa to the Planning
Commission;
WHEREAS, that on January 28, 2014, after holding a duly called and noticed
public hearing on the matter, the Planning Commission by unanimous vote enacted
Resolution No. 4252 upholding the denial of the Tustin Day Spa massage
establishment permit application for the Proposed Location;
WHEREAS, that on February 5, 2014, Ms. Huynh appealed from the Planning
Commission decision to uphold the denial of the massage establishment permit
application for Tustin Day Spa to the City Council;
WHEREAS, that a public hearing was duly called, noticed, and held for said
appeal on March 4. 2014 by the City Council;
WHEREAS, that the City Council 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;
WHEREAS, that the City Council determines that there has not been an
intervening change in circumstances that would eliminate the reasons for the
revocation;
WHEREAS, that the City Council determines, based on the foregoing, that the
Planning Commission correctly determined 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 4613(c).
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
The City Council of the City of Tustin hereby upholds the Planning Commission
decision to uphold 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 City Council of the City of
Tustin held on the 4t' day of March 2014.
Resolution No. 14 -21
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council is five; that the above and foregoing Resolution No. 14 -21 was duly passed and
adopted at a regular meeting of the City Council, held on the 4th day of March 2014 by
the following vote:
COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
JEF
City
Resolution No. 14 -21
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