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HomeMy WebLinkAboutPC RES 3768RESOLUTION NO. 3768 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 00- 030, AUTHORIZING MASSAGE SERVICES IN ASSOCIATION WITH OPERATION OF A FULL-SERVICE SALON LOCATED AT 17440 E. '17TM STREET, SUITE 200, WITHIN THE EXECUTIVE OFFICE BUILDING OF ENDERLE CENTER The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 That a proper application, Conditional Use Permit 00-030, has been filed by Arnie Kimeldorf, requesting authorization ' to provide massage services in association with a full-service salon in a 3,600 square foot tenant space at 17480 E. 17th Street, Suite 200. That the proposed use is allowed within the Planned Community Commercial (PC-COMM) District with the approval of a Conditional Use Permit. 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. That a public hearing was duly called, noticed and held for said app!ication on February 12, 2001, by the Planning Commission. 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: As conditioned, the massage services in association with the salon establishment will operate in accordance with the massage therapy use regulations within Sections 3712, 3713, and 3717 of the Tustin City Code. Conditions of approval have been imposed on the proposed use to ensure that the facility operates 7 8 9 I0 I1 12 13 14 15 16 17 18 19 2O 21 23 Resolution No. 3768 CUP 00-030 Page 2 consistent with the representations made by the applicant. These conditions include such requirements as visibility into the treatment rooms at all times and requiring modest attire to be worn by all employees. The salon is located within a free-standing building part of Enderle Center, which is allocated twenty-nine (29) parking spaces at one (1) parking space per 300 square feet consistent with the office use requirement when the building was built. The salon has been in operation for over twenty (20) years and the massage services will not intensify the existing use. Operation hours of 8:30 a.m. to 8:00 p.m. are consistent with the hours of operation for the salon and other commercial uses within the surrounding area. o The project will not have an effect upon vehicular or pedestrian circulation patterns, or upon the aesthetics of the area in which the use is proposed, in that no exterior modifications are proposed. F'o 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 00-030 authorizing massage services in conjunction with a full service salon in a 3,600 square foot tenant space at 17480 E. 17th Street, subject to the conditions contained within Exhibit A, attached hereto. 24 25 26 27 28 29 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day. of February, 2001. ~OZAK ~_ ~~,,~~ C hai rperson ELIZABETH A. BINSACK Planning Commission Secretary I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Resolution No. 3768 CUP 00-030 Page 3 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. 3768 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of February, 2001. Planning Commission Secretary (1) (1) (1) (1) (1) (1) (2) (3) (4) EXHIBIT A CONDITIONAL USE PERMIT 00-030 CONDITIONS OF APPROVAL RESOLUTION NO. 3768 GENERAL 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped February 12, 2001 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. 1.2 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. 1.3 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. 1.4 Approval of Conditional Use Permit 00-030 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. 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. 1.6 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. 1,7 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. SOURCE CODES STANDARD CONDITION (5) CEQA MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Resolution No. 3768 CUP 00-030 Page 2 (1) 1.8 (1) (*) (1) (1) (1) (5) (*) (1) 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 violations exists. 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. 2.2 The subject property shall be maintained in a safe, clean and sanitary condition at all times. 2.3 All massage 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. · 2.4 The employees of the facility and all 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. 2.5 All massage therapy technicians shall have appropriate licensing from the State of California and such licensing shall be clearly displayed on the premises. 2.6 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 verify lighting levels pdor to operation of massage establishment. 2.7 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. 2.8 No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. Resolution No. 3768 CUP 00-030 Page 3 (*) 2.9 (1) 2.10 (1) 2.11 (5) 2.12 (1) 2.13 (1) 2.14 (1) 2.15 (1) 2.16 (1) (1) 2.17 2.18 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. Doors on the rooms where massage services are performed shall be either single/double free-swinging doors, each door not having a vertical dimension of more than four (4) feet. The doors shall not be equipped with any locking devices. 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. The hours of operation shall be limited to 8:30 a.m. to 8:00 p.m. daily. All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. There are twenty-nine (29) parking spaces allocated to the 8,700 square foot office building (one parking space per 300 square feet). The use may not be intensified without written approval of the Community Development Department. Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed. 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. Lockers for the use of patrons shall be provided in the dressing room. No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services and/or operation of the business may require consideration of a new Conditional Use Permit by the Planning Commission. Resolution No. 3768 CUP 00-030 Page 4 PLAN SUBMITrAL (1) 3.1 No change or alteration of the tenant space shall occur without prior approval in writing from the Community Development. The applicant shall obtain all necessary permits from and pay fees to the Building Department prior to construction of any improvements that require a permit pursuant to the Uniform Building Code and Tustin City Code. (3) 3.2 Two (2) exits from the building shall be maintained clear and unobstructed at all times, and from any area with occupant loads of thirty (30) or more. FEES (1,5) 4.1 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 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.