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HomeMy WebLinkAboutPC RES 3757 RESOLUTION NO. 3757 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 00- 027, 'AUTHORIZING THE ESTABLISHMENT OF AN ACUPRESSURE/MASSAGE ESTABLISHMENT AT 14161 NEWPORT AVENUE. 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 00-027, has been filed by Hideaki Oki, requesting authorization to establish an acupressure/massage establishment in a 1,170 square foot tenant space at 14161 Newport Avenue, Suite A, Tustin. B. That the proposed use is allowed within the Retail Commercial (C-1) District with the approval of a Conditional Use Permit. C. That the proposed use is consistent with the General Plan land use designation Community Commercial which provides for a variety of retail, professional office, and service-oriented business activities. 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 14, 2000 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: 1. As conditioned the acupressure/massage establishment will operate in accordance with the massage therapy use regulations within Sections 3712, 3713, and 3717 of the Tustin City Code. Resolution No. 3757 CUP 00-027 Page 2 3 2. Enforceable conditions of approval have been 4 imposed on the proposed use to ensure that 5 the facility operates in a manner consistent with the representations made by the applicant. 6 These conditions include such requirements as unobstructed clear windows at the storefront, 7 visibility into the acupressure treatment rooms s at all times and requiring modest attire to be worn by all employees. 9 ~0 3. For purposes of determining parking standards for an acupressure/massage therapy use, the n parking ratio of 4.33 parking spaces per 1000 square feet previously established under ~2 CUP97-008 for a massage establishment is 2s used to ensure sufficient parking and provide consistency among massage establishments. 24 The six (6) parking spaces provided are ~5 sufficient for the acupressure/massage therapy use and do not impact the parking for the 26 building as a whole. ~? 4. Businesses along Newport Avenue typically stay 2s . open until 11:00 p.m. Therefore, operation hours of 10:00 a.m. to 10:00 p.m. are consistent with 29 the other commercial uses within the 20 surrounding area. 22 5. The project will have no effect upon vehicular or pedestrian circulation patterns, or upon the 22 aesthetics of the area in which the use is 23 proposed in that no exterior modifications are proposed. 24 F. That this project is Categorically Exempt from the 25 requirements of the California Environmental Quality Act, 26 pursuant to Section 15301 (Class 1). 27 II. The Planning Commission hereby approves Conditional Use Permit 2s 00-027 authorizing the establishment of an acupressure/massage establishment in a 1,170 square foot tenant space at 14161 29 Newport Avenue, Suite A, subject to the conditions contained within Exhibit A attached hereto. Resolution No, 3757 CUP 00-027 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of November, 2000. ? C ELIZABETH A. I~INSACK " Planning Commission Secretary z2 STATE OF CALIFORNIA ) COUN~ OF ORANGE ) ~3 CI~ OF TUSTIN ) 14 I, Elizabeth A. Binsack, the undersigned, hereby ce~i~ that I am the ~s Planning Commission Secreta~ of the Ci~ of Tustin, California; that Resolution No. 3757 was duly passed and adopted at a regular meeting of ~6 the Tustin Planning Commission, held on the 14th day of November, 2000. ~LI~B~TH ~: BINSACK ' Planning Commission Secreta~ 20 24 25 27 28 EXHIBIT A CONDITIONAL USE PERMIT 00-027 CONDITIONS OF APPROVAL RESOLUTION NO. 3757 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped November 14, 2000 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) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) t.3, The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 00-027 is contingent upon the applicant and property owner signing and returning a notarized "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.6 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. (1) 1.7 Violations as determined by the Orange County Health Care Agency, may be Considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. (1) 1.8 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW' , *** EXCEPTION Resolution No; 3757 - Exhibit A CUP 00-027 Page 2 (1) 1,9 The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS *** 2.1 There shall be an owner or manager who is responsible for the operation of the facility on the premises at all times that the facility is open for business. (1) 2.2 The subject property. shall be maintained in a safe, clean and sanitary condition at all times. (1) 2.3 All acupressure/massagetherapy technicians shall obtain and display on the premises in a visible location at all times a license to operate at this facility from the License and Permit Board prior to beginning work at the approved establishment. (1) 2.4 Acupressure/massage therapy activities authorized under this Conditional Use Permit shall not commence until the License and Permit Board approves and issues a Permit to Operate and business licenses for the establishment and individual technicians conducting acupressure/massagetherapy within the facility. The license shall be clearly displayed in a visible location on the premises at all times. (1) 2.5 The employees of the facility and all acupressUre/massage therapy technicians shall operate in strict compliance with the operating conditions imposed by the License and Permit Board and requirements specified in Article 3, Chapter 7, Part 1 of the Tustin City Code, unless more restrictive conditions are imposed by the Planning Commission. (5) 2.6 All acupressure/massage therapy techBicians shall have appropriate licensing from the State of California and such licensing shall be clearly displayed on the premises. (1) 2.7 A lighting level equivalent to no less than ten (10) foot-candles shall be maintained in public rooms, walkways and at any point within each room or enclosure where massage therapy services are performed at all times such services are being provided. A photometric study showing the location, distribution of light of all proposed fixtures and details of light fixtures shall be submitted to the Community Development Department for review and approval. The applicant shall provide light meter testing with a City representative present to verifi/lighting levels prior to operation of acupressure/massage establishmen[ Resolution No. 3757 - Exhibit A CUP 00-027 Page 3 (1) 2.8 Doors on the rooms where massage therapy/acupressure services are performed shall be single/double free-swinging doors, each door not having a vertical dimension of more than four (4) feet, and shall not contain locks or latches of any kind. (1) 2.9 The windows fronting Newport Avenue and the parking lot shall be clear glass and shall not be opaque or tinted in any manner. At all times, a minimum of ninety (90) percent of the surface areas of each window pane shall be completely unobstructed and provide clear views of the interior of the facility. (1) 2.10 All owners, managers, employees, technicians, independent contractors, or anyone else who is not a client of the facility shall wear non-transparent outer garments covering the body from the knee to the neck. (1) 2.11 No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. *** 2.12 No person shall entei', 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. (1) 2.13 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. (5) 2.14 The hours of operation shall be limited to 10:00 a.m. to 10:00 p.m. daily. (1) 2.1S All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. (1) 2.16 The acupressure/massage establishment shall be' considered similar to a chiropractor office use and shall provide the same required parking for a medical/dental use at a ratio of one space for every 250 square feet for the first 4,000 square feet of " medical/dental use within the building and a ratio of one space for every 200 square feet when medical/dental uses exceed 4,000 square feet. The parking summary for the building shall be included on the site plan, Resolution No. 3757 - Exhibit A CUP 00-027 Page 4 (1) :2.17 Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed. (1) 2.18 All signs and their supporting structures shall be maintained in good condition, structurally safe, and shall comply with the most current Uniform Building Codes, as locally amended. Faded colors shall be repainted or replaced as deemed necessary by the Community Development Department. All temporary banners shall comply with the Tustin City Sign Code and shall not be displayed unless a Temporary Sign Permit has been issued by the Community Development Department. (1) 2.19 Pdor to issuance of building permits, the existing trash enclosure shall be repaired and maintained in an appropriate manner. PLAN SUBMITTAL (1) 3.1 Provic~e title of project, address and name of applicant on the site plan and floor plan. (1) 3.2 No change or alteration of the approved floor plan shall occur without prior approval in writing from the Community Development Director. If the Director determines that the scope of the proposed alteration warrants review and approval by the Planning Commission, an application to revise the Conditional Use Permit shall be submitted and a new public hearing shall be conducted prior to authorizing the proposed modifications. (5) 3.3 A final and complete, detailed project sign program including design, location, sizes, colors, and materials shall be submitted for review and approval by the Community Development Department. All proposed colors and materials require review and approval by the Community Development Department pric~r to application. (4) 3.4 The applicant shall obtain all necessary permits from the Building Department prior to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin City Code. (3) 3.5 To ensure compliance with the Uniform Building Code (UBC) and all conditions and requirements of any discretionary approvals, four (4) sets of construction plans, including drawings for mechanical, plumbing and electrical plans shall be submitted prior to establishment of massage services. The plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 Califomia Plumbing Codes (CPC), 1998 California Electrical COde (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Resolution No. 3757 - Exhibit A CUP.00-027 Page 5 (3) 3.6 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of 'California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 1998 California Building Code Appendix Chapter 29, as per type of group occupancy, or as approved by the Building Official. (3) 3.7 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier/Reception desk, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (3) 3.8 Parking for disabled persons shall be provided with an 'additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be ~/an-accessible served by a minimum 96 inch wide loading area. (3) 3.9 Two (2) exits shall be maintained from the building, and from any area with occupant loads of thirty (30) or more. (3) 3.'10 Each corridor shall have walls and ceilings of not less than one-hour construction, when serving a occupant load of 30 or more. FEES (1) 4.'1 Prior to issuance of any building permits, payment shall be made of all applicable fees. 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. B. Orange Couhty Fire Authority plan check and inspection fees to the Community Development Department based upon 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 $43.00 (forty-three dollars) to enable the City to file the appropriate environmentaldocumentationfortheproject. If within such forty-eight (48) hour pedod 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.