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HomeMy WebLinkAboutZA AGENDA REPORT 7-18-19 �.. AGENDA REPORT ITEM 41 MEETING DATE: JULY 18, 2019 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: USE DETERMINATION 2019-00002 & CONDITIONAL USE PERMIT 2019-00007 APPLICANT: PROPERTY OWNER: AMY B. FRIEDMAN, D.C. SHAYLEEF, LLC 165 YORBA STREET 10242 OLD LAMPLIGHTER LN. TUSTIN, CA 92780 VILLA PARK, CA 92861 LOCATION: 165 YORBA STREET GENERAL PLAN: PO (PROFESSIONAL OFFICE) ZONING: SP-9 (SPECIFIC PLAN 9 -YORBA STREET SPECIFIC PLAN) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE A CHIROPRACTIC OFFICE WITH MASSAGE SERVICES AS AN ACCESSORY USE BY MASSAGE TECHNICIANS OTHER THAN THE CHIROPRACTOR 1 UD 2019-000021 CUP-2019-00007 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 19-003 approving Use Determination (UD) 2019-00002 to determine a chiropractor with massage as a conditionally permitted use within SP-9 and CUP 2019-00007 to allow a chiropractic office with massage services by massage technicians other than the chiropractor as an accessory use in an existing 1,097 square-foot office building located at 165 Yorba Street. APPROVAL AUTHORITY The proposed chiropractic office with accessory massage services performed by other than the chiropractor is not listed as a permitted, conditionally permitted, or prohibited use within the Yorba Street Specific Plan (SP-9). Therefore, a use determination is necessary to decide if the proposed use would be permitted, conditionally permitted, or prohibited in SP-9 pursuant to Section 9298 of the Tustin City Code (TCC). Certain CUP requests as stated in Section 9299 (b)(3)(f), including Minor CUPs for existing development where there would be no change of primary use, no expansion of floor area and the request would not alter the original intent of the project or site, can be considered by the Zoning Administrator. BACKGROUND Location and Surrounding Properties The project site is located within SP-9 located on Yorba Street between First Street and Irvine Boulevard (Figure 1). The subject property has a General Plan designation of PO (Professional Office), which is intended primarily for single tenant and multi tenant offices that include legal and medical services, financial institutions, corporate and government offices, and other supporting uses. The project site is located on an approximately 5,300 square foot lot,which consists of an office building with five(5)off-street parking spaces and a small amount of landscaping. SP-9 is a small Specific Plan comprising 2.52 acres and all parcels contain non-residential/professional uses. The subject property lot dimensions are 50 feet by 105.55 feet. SP-9 provides development standards for small and large lot development. A small lot is defined as any single parcel with street frontage less than 100 linear feet and/or gross land area less than 6,000 square feet. The subject property meets both of these standards and although no actual development is proposed, parking standards as described below are regulated under the Small Lot Development standards. UD 2019-00002 / CUP 2019-00007 Page 3 SP-9 Boundary n ` 1 z r b - "' Yorba St. 165 Yorba St. 70. ml� iii _ Y '� a t4�'\A 1E� z.. *• "� � . Figure 1 —Area Map/SP-9 PROJECT DESCRIPTION AND BACKGROUND: The applicant is a licensed chiropractor and maintains her practice at 165 Yorba Street. Applicant proposes to offer therapeutic massage services by a massage technician to her patients in conjunction with her chiropractic practice. Therapeutic massage would be offered to her patients only when the chiropractor is present within the building and would generally follow the patient's chiropractic treatment. The chiropractic office consists of a lobby, massage room, front office, a therapy bay, two (2) examination rooms and a restroom (Figure 2). The office would be staffed by the chiropractor, a receptionist and three (3) massage therapists. The chiropractor and receptionist would work simultaneously in the office, and only one (1) of the three (3) massage technicians would be on site at any given time and only on an as needed basis. No exterior modifications are proposed. UD 2019-000021 CUP 2019-00007 Page 4 MmRoam FoniOffln Therapy k4 esuoam Fiam Roam 1 F=m Rom.2 P..w.g C,t Figure 2. Floor Plan The project site has five (5) parking spaces, including one (1) accessible parking space located in the front yard setback per approved plans dated January 31, 1989 (Building Permit# 4809) (Figure 3). L LANDSCAPE S A N I D D • S EI C W A FRONT F ENTRANCE A • E KI LI PARKING IREAR ENTRANCE ■ ADA LANDSCAPE PARKING SRIS I Figure 3. Site Plan UD 2019-000021 CUP-2019-00007 Page 5 USE DETERMINATION: Permitted uses within SP-9 include professional and general offices, home occupations, and other similar uses. The proposed massage services as an accessory use by anyone other than a state-licensed chiropractor or other exempted professional is not listed as a permitted, conditionally permitted, or prohibited use within SP-9. SP-9 is similar in land use characteristics to the PR District which is regulated by TCC Section 9231. A chiropractic office is a permitted use and a chiropractor with accessory massage services is a conditionally permitted use in the PR zoning district. Due to the similarity between SP-9 and the PR District, the proposed determination that a chiropractic office where massage services as an accessory use as a conditionally permitted use in SP-9 can be supported. The parking ratio for a medical office in SP-9 is six(6)spaces per 1,000 square feet. TCC Section 9263g allows for medical use parking at a ratio of 11250 for the first 4,000 square feet and 611,000 for the remaining square footage. It is recommended that a similar standard be applied to SP-9 when determining the parking ratio for medical uses. In compliance with TCC Section 9298, the following factors have been considered in determining the proposed Use Determination: (1) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large. Massage practitioners and therapists are certified healing arts professionals pursuant to Section 4600 of the Business & Professions Code, Division 2, Healing Arts. Massage practitioners would provide therapeutic massage under the supervision of the chiropractor. (2) The proposed use would not result in a negative impact as it would remain as a professional office which is allowed in SP-9 and parking for the use is adequate. (3) Effect upon traffic conditions. No traffic issues are anticipated. (4) Effect upon the orderly development of the area in question and the City at large, in regard to the general planning of the whole community: a. SP-9 does not specifically identify chiropractic offices, where massage services are provided as an accessory use by anyone other than a state- licensed chiropractor or other exempted professional. b. SP-9 is similar in land use characteristics to the PR District where a chiropractic office with accessory massage services is a conditionally permitted use and the proposed use is consistent with the PO (Professional Office) General Plan land use designation. UD 2019-000021 CUP 2019-00007 Page 6 c. A determination that SP-9 is a professional zoning district similar to the Professional District would bring this conditionally permitted use into alignment. (5) All other pertinent facts. Massage services provided as an accessory use by anyone other than-a state-licensed chiropractor or other exempted professional as a conditionally permitted use in SP-9 would allow the City to place conditions of approval on the use to alleviate potential concerns such as compliance with Section 3665 of the TCC, parking, and other issues that may arise related to the use. CONDITIONAL USE PERMIT: Chiropractic Office with Massage Services In 2014, the State legislature added the Massage Therapy Act to Business & Professions Code, Division 2 Healing Arts Section 4600 which established a massage therapist and/or practitioner as a certified professional who administers massage for compensation under that Act. In 2015, the City Council adopted Ordinance 1462, codified in TCC Section 3661, et seq., to regulate massage establishments. Ordinance 1462 also amended TCC Section 9231(c) to allow chiropractic offices, where massage services are provided as an accessory use by anyone other than a state-licensed chiropractor or other exempted professional upon approval of a CUP in the PR District. The ordinance also created a massage technician and ownerloperation application process, facilities and operational requirements, and provisions for prohibited conduct which serve as the basis of the City's conditions of approval for a licensed massage establishment. ZAA 2019-003 contains standard conditions of approval related to the site and use (Exhibit"A") and encapsulates the provisions of TCC Section 3661, et seq. (Exhibit "B"). Pursuant to'proposed Condition of Approval 1.7, the use may be reviewed annually or more often by the Community Development Department to ensure compatibility with the area and compliance with conditions of approval. Should any issues arise, the Community Development Director may impose additional conditions to eliminate any negative impacts or revoke the CUP. Hours of Operation The applicant's current and proposed hours of operation are as follows: MondayfWednesday/Friday: 9:00 AM to 1:00 PM Tuesday/Thursday: 3:00 PM to 7:00 PM Alternate Tuesdays: 9:00 AM to 1:00 PM The hours of operation are within the typical operating hours of the other professional office uses within the area. UD 2019-000021 CUP-2019-00007 Page 7 Parking Subject to approval of UD 2019-00002 herein, the parking calculation for the 1,097 square-foot chiropractic office would be one (1) space for each 250 square feet for the first 4,000 square feet of medical space, resulting in a parking requirement of five (5) parking stalls. The site is currently parked with five (5) parking stalls and is therefore adequate for the chiropractic office with accessory therapeutic massage use. Should parking problems arise, Condition 1.8 of ZAA 19-0003 authorizes the Community Development Director, Police Chief and/or Public Works Director to require measures to alleviate the parking problem. FINDINGS: In determining whether to approve the UD and CUP for the proposed chiropractic office, where massage services are provided as an accessory use by anyone other than a state- licensed chiropractor or other exempted professional, the Zoning Administrator must consider specific criteria and/or make the required findings for the UD and CUP. A decision to approve this request as conditioned may be supported by the following findings: Use Determination: 1. Massage practitioners and therapists are certified healing arts professionals pursuant to Section 4600 of the Business & Professions Code, Division 2, Healing Arts. Massage practitioners would provide therapeutic massage under the supervision of the chiropractor. 2. The proposed use would not result in a negative impact as it would remain as a professional office which is allowed in SP-9 and parking for the use is adequate.. 3. No traffic issues are anticipated. 4. SP-9 is similar in land use characteristics to the PR District where a chiropractic office with accessory massage services is a, conditionally permitted use and the proposed use is consistent with the PO (Professional Office) General Plan land use designation. 5. SP-9 does not specifically identify.chiropractic offices,where massage services are provided as an accessory use by anyone other than a state-licensed chiropractor or other exempted professional. This type of use is conditionally permitted in the Professional (PR) District. (TCC 9231 c2). 6. A determination that SP-9 is a professional zoning district similar to the PR District would bring this conditionally permitted use into alignment. UD 2019-000021 CUP 2019-00007 Page 8 7. Massage services provided as an accessory use by anyone other than a state- licensed chiropractor or other exempted professional as a conditionally permitted use in SP-9 would allow the City to place conditions of approval on the use to alleviate potential concerns such as compliance with Section 3665 of the TCC, parking, and other issues that may arise related to the use. Conditional Use Permit: In determining whether to approve the CUP for the proposed use, the Zoning Administrator must.consider that the establishment, maintenance, and operation of the proposed use 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 injurious or detrimental to the property and improvements in the neighborhood of.the subject property, or to the general welfare of the City of Tustin which is encapsulated in the following findings: 1. The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within the existing office building. The number of patients, hours of operation and type of business are consistent with other businesses in SP-9. 2. As conditioned, the chiropractic office would operate with a maximum of one (1) chiropractor and .one (1) massage technician working at any given time and parking is adequate for the proposed use. 3. The proposed business hours are consistent with the hours of operation for other uses in the area and therapeutic massage services would be limited to the hours when the chiropractic professional is onsite. 4. As conditioned, the chiropractic professional is.responsible for ensuring that all massage technicians operating at this location would obtain massage permits pursuant to TCC Section 3661, et seq. 5. The Tustin Police Department has reviewed the application and has no immediate concerns. 6. As conditioned, CUP 2019-00007 may be reviewed by the Community Development Director, if necessary, to ensure compatibility-with surrounding uses. If the use is not operated in accordance with CUP 2019-00007 and is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. Staff recommends the Zoning Administrator adopt ZAA No. 19-003 approving UD 2019- 00002 and CUP 2019-00007 authorizing a chiropractic office with massage services as an accessory use by massage technicians other than the chiropractor on the property UD 2019-00002 1 CUP 2019-00007 Page 9 located within SP-9 at 165 Yorba Street. �6� LAV-� Elaine Dove, AICP, RLA Senior Planner Attachments: A. Location Map & Land Use Fact Sheet B. Submitted Pians C. ZAA 19-003 ATTACHMENT A LOCATION MAP LAND USE FACT SHEET LOCATION MAP UD-2019-00002 / CUP-2019-00007 165 YORBA STREET _ i " 1,000 ft M rI e 1 - - 500 ft d — 300 ft 4 r f 1 Y C l.r M.4nrr. FMnrw� f ktwn�oN 4 f' Cf ♦� }"�los�ia�i - }�y�r k' -r.tsi Baa kik tc P v,f, i�lll G \ LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP-2019-00002 2. LOCATION: East side of Yorba Street, between Irvine Boulevard and First Street 3. ADDRESS: 165 YORBA STREET 4. APN(S): 401-521-04 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: N/A 6. SURROUNDING LAND USES: NORTH: COMM ERC IALIOFFICE SOUTH: COMM ERCIALIOFFICE EAST: RESIDENTIAL WEST: COMMERCIAL/OFFICE 7. SURROUNDING ZONING DESIGNATION: NORTH, SOUTH,WEST: PR-SP-9 EAST: R-1 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH, SOUTH,WEST: PO (PROFESSIONAL OFFICE) EAST: LDR(LOW DENSITY RESIDENTIAL 9. SITE LAND USE: A. EXISTING: PROFESSIONAL OFFICE (CHIROPRACTOR) B. PROPOSED: NO CHANGE C. GENERAL PLAN: PO(PROFESSIONAL OFFICE) PROPOSED GP: SAME D. ZONING: PR—SP-9(YORBA STREET SPECIFIC PLAN) PROPOSED ZONING: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 10. LOT AREA: 5.303 SQUARE FEET APPROX. 11. PARKING: FIVE 5 REQUIRED• FIVE 5 PROVIDED 12. TENANT IMPROVEMENTS: NO TENANT IMPROVEMENTS PROPOSED, EXISTING 1,097 SF BLDG TO REMAIN ATTACHMENT B SUBMITTED PLANS I i r+a'ua':cd.P Y 5 o �I f E Pa, � 165 Yorba St„ , Tustin Massage Room Lobby Front Office Therapy Bay Restroom Exam Room 1 Exam Room 2 Pkr” CoT- ATTACHMENT C ZAA 19-003 ZONING ADMINISTRATOR ACTION 19-003 USE DETERMINATION 2019-00002 CONDITIONAL USE PERMIT 2019-00007 165 YORBA STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Amy B. Friedman, D.C., requesting authorization to conditionally permit a chiropractic office with massage services as an accessory use by massage technicians other than the chiropractor at a chiropractic office located at 165 Yorba Street. B. The site is designated Professional Office (PO) by the City General Pian and is zoned Professional-Specific Plan 9 (SP-9), which is comprised primarily of single and,multi-tenant offices that include legal and medical services, financial institutions, corporate and government offices, and other supporting uses. The project is consistent with the Air Quality Seib-element of the City of Tustin General Pian. C. The site is currently improved with an existing 1,097 square-foot office building. D. That a public hearing was duly called, noticed, and held for Use Determination (UD) 2019-0021Conditional Use Permit (CUP) 2019-00007 on July 18, 2019, by the Zoning Administrator. E. That a use determination has been made that Specific Plan (SP) 9 is similar to the Professional District (PR) for land uses purposes in accordance with Section 9298 of the Tustin City Code (TCC) in that: 1. Massage practitioners and therapists are certified healing arts professionals pursuant to Section 4600 of the Business & Professions Code, Division 2, Healing Arts. Massage practitioners would provide therapeutic massage under the supervision of the chiropractor. 2. The proposed use would not result in a negative impact as it would remain as a professional office which is allowed in SP-9 and parking for the use is adequate. 3. No traffic issues are anticipated. 4. SP-9 is similar in land use characteristics to the PR District where a chiropractic office with accessory massage services is a conditionally permitted use and the proposed use is consistent with the PO (Professional Office) General Plan land use designation. f Zoning Administrator Action 19-003 UD-2019-000021 CUP 2019-00007 Page 2 5. SP-9 does not specifically identify chiropractic offices, where massage services are provided as an accessory use by anyone other than a state-licensed chiropractor or other exempted professional. This type of use is conditionally permitted in the Professional (PR) District. (TCC 9231c2). 6. A determination that SP-9 is a professional zoning district similar to the PR District would bring this conditionally permitted use into alignment. 7. Massage services provided as an accessory use by anyone other than a state-licensed chiropractor or other exempted professional as a conditionally permitted use in SP-9 would allow the City to place conditions of approval on the use to alleviate potential concerns such as compliance with Section 3665 of the Tustin City Code, parking, and other issues that may arise related to the use. F. That the establishment, maintenance, and operation of the proposed use 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within the existing commercial building. The number of patients, hours of operation and type of business are consistent with other businesses in SP-9. 2. As conditioned, the chiropractic office would operate with a maximum of one (1) chiropractor and one (1) massage technician working at any given time and parking is adequate for the proposed use. 3. The proposed business hours are consistent with the hours of operation for other uses in the area and therapeutic massage services would be limited to the hours when the chiropractic professional is onsite and parking is adequate for the proposed use. 4. As conditioned, the chiropractic professional is responsible for ensuring that all massage technicians operating at this location would obtain massage permits pursuant to TCC Section 3661, et seq. Zoning Administrator Action 19-003 UD-2019-000021 CUP 2019-00007 Page 3 6. The Tustin Police Department has reviewed the application and has no immediate concerns. 6. As conditioned, CUP-2019-00007 may be reviewed by the Community Development Director, if necessary, to ensure compatibility with surrounding uses. If the use is not operated in accordance with CUP-2019-00007 and is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. H. This project is Categorically Exempt pursuant to Section 16301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves UD 2019-00002 and CUP 2019- 00007 authorizing a chiropractic office with massage services as an accessory use by massage technicians other than the chiropractor on the property located within SP-9 at 166 Yorba Street, subject to the conditions contained within Exhibits A and B, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 18th day of July, 2019. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO EXECUTIVE ASSISTANT Zoning Administrator Action 19-003 UD-2019-000021 CUP 2019-00007 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 19-003 was duly passed and adopted at a regular(meeting of the Tustin Zoning Administrator, held on the 18th day of July, 2019. VERA TISCARENO EXECUTIVE ASSISTANT EXHIBIT A CONDITIONS OF APPROVAL USE DETERMINATION 2019-00002 CONDITIONAL USE PERMIT 2019-00007 165 YORBA STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 18, 2019, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit (CUP) 2019-0007 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 notarized "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) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Action 19-003 UD 2019-000021 CUP 2019-00007 Exhibit"A" Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 CUP 2019-00007 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) Establish alternative hours of operation, b) Limit the number of patients to one (1) at any given time, c) Eliminate or reduce number of massage technicians, or d) Provide additional parking. �. (1) 1.9 As a .condition of approval of CUP 2019-00007, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicantof any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. Zoning Administrator Action 19-003 UD 2019-000021 CUP 2019-00007 Exhibit"A" Page 3 USE RESTRICTIONS (1) 2.1 The proposed chiropractic office with massage services provided as an accessory use by anyone other than a state-licensed chiropractor shall operate with a maximum of one (1) chiropractor and one (1) massage technician working at any given time. If additional chiropractors and/or massage technicians are proposed, additional parking shall be provided in compliance with the parking requirements of the Yorba Street Specific Plan (SP-9) and the Tustin City Code. (1) 2.2 The use shall comply with the Tustin City Code and any future ordinances pertaining to massage uses and establishments as adopted by the Tustin City Council and the Massage Establishment Conditions identified in Attachment "B" hereto, obtain a Massage Establishment Business License and,sign and submit the "Revocation of Permits" form attached thereto to the Director of Finance Department. (1) 2.3 Prior to providing massage services to patients, the applicant shall obtain a massage operator permit and all massage technicians shall obtain a massage technician permit from the Director of Finance. (1) 2.4 Therapeutic massage services are limited to the hours when the chiropractic professional is onsite. (1) 2.5 The applicant shall ensure that massage technicians operating at this location are in compliance with all local, state, and federal regulations, as may be updated from time to time, for massage establishments, massage operators and massage technicians. (1) 2.6 No signs or other forms of advertising or attraction may be placed on- site without approval from the Community Development Department. (1) 2.7 If the use authorized by CUP 2019-00007 is discontinued for one (1) year., then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed expired. FEES (1) 3.1 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interestedparty to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. EXHIBIT B MASSAGE ESTABLISHMENT CONDITIONS USE DETERMINATION 2019-00002 CONDITIONAL USE PERMIT 2019-00007 965 YORBA STREET No massage establishment permit shall be issued unless an inspection by the City of ,Tustin reveals that the massage establishment complies with each of the following regulations: 1. Each massage establishment must renew the permit annually. 2. A valid Business License must be kept current. 3. Every massage establishment must comply with all applicable provisions of the Tustin City Code, including without limitation Article 3, Chapter 6, Part 6 of the Tustin City Code. 4. Every massage establishment shall maintain facilities meeting the following requirements: a. Sign - subject to applicable provisions of the City's Codes, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. b. Lighting - minimum lighting shall be provided in accordance with the Electrical Code adopted by the City and, in addition, at least one artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while a patron is in such room or enclosure. c. Equipment - adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. d. Water- hot and cold running water shall be provided at all times. e. Linen storage - closed cabinets shall be provided and utilized for storage of clean linens, and approved receptacles shall be provided for the deposit of soiled linen. f. Separation of sexes - if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms and separate dressing, bathing and toilet facilities (if provided) shall be provided and utilized for male and female patrons. Each separate facility or room shall be clearly marked as such. Zoning Administrator Action 19-003 UD 2019-000021 CUP 2019-00007 Exhibit "B" Page 2 g. Massage table pads - pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Orange County Health Care Agency. h. Steam rooms and sauna facilities - Where steam rooms or sauna baths are provided, if male and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons. 5. Every massage establishment shall comply with the following operating requirements: S a. A complete roster of the names, job titles and residence address of all employees and independent contractors for the massage establishment, including but not limited to, massage technicians and managers, and the date the employee or independent contractor was hired shall be kept at the premises and be available for inspection by City officials. b. Copies of a State certificate and CAMTC-issued identification card for all individuals providing massage, shall be kept at the premises and be available for inspection by City officials. C. The massage establishment permit shall be displayed in an accessible and conspicuous place, visible from the entrance and/or reception and waiting area of the massage establishment. d. Establishment owners must notify City Officials BEFORE new employees or contractors begin working at the massage establishment. e. Massage services shall be carried on and the premises shall be open only between the hours of 6:00 a.m. and 10:00 p.m. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. No person may provide massage on the premises after 10:00 p.m. f. A list of services shall be posted in an open, public place on the premises, and shall be described in readily understood language. No owner, operator, or manager shall permit, and no massage technician, or any other massage establishment employee or independent contractor, shall offer to perform any services other than those posted. g. The following notice shall be posted in an open, public place on the premises: Zoning Administrator Action 19-003 UD 2019-000021 CUP 2019-00007 Exhibit "B" Page 3 NOTICE TO ALL PATRONS: THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY AUTHORIZED CITY OF TUSTIN PERSONNEL WITHOUT PRIOR NOTICE. h. The following notice, measuring at least eight and one-half (8.5) inches by eleven (11) inches in size, written in 16-point font, shall be posted in a conspicuous place in the massage establishment in clear view of the public and employees, and displayed in English, Vietnamese, Mandarin, Spanish, Cantonese, Korean: If you or someone you know is being forced to engage in any activity and cannot leave—whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity—Call the National Human Trafficking Resource Center at 1- 888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. Victims of slavery and human trafficking are protected under United States and California law. The hotlines are: • Available 24 hours a day, 7 days a week • Toll-free • Operated by nonprofit, nongovernmental organizations • Anonymous and confidential • Accessible in more than 160 languages • Able to provide help, referral to services, training, and general information i. No massage establishment shall be open for business without having at least one (1) certified massage technician on the premises, and on duty. j. An owner, operator or manager shall be at the massage establishment at all times when the massage establishment is open for business. k. Each massage technician shall, at all times while on the premises, wear and display their original CAMTC-issued identification card on their outer clothing and in plain view. Zoning Administrator Action 19-003 UD 2019-000021 CUP 2019-00007 Exhibit "B" Page 4 I. Front doors used for patron access, and internal doors leading into an area where massages are being performed, shall remain unlocked during business hours, unless the massage establishment is a business entity owned by one (1) individual with one (1) or no employees or independent contractors. Internal doors shall not be equipped with a "peep hole" or any other device that allows anyone to see into or out of a room when the door is closed. m. Towels and linens shall not be used on more than one (1) patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) patron. Separate' closed cabinets or containers shall be .provided for the storage of clean and soiled linen and shall be plainly marked: "clean linen," "soiled linen." n. Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. o. Instruments utilized in performing massage shall not be used on more than one (1) patron unless they have been sterilized using approved sterilizing methods. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided which are approved by the department or agency designated by the City Manager to make'!nspections for compliance with health standards. p. Where a covering is furnished by the massage establishment, it shall not be used by more than one (1) patron until it has first been laundered and disinfected. q. The massage establishment shall keep a written record of the date and hour of each treatment administered, the name and address of each .patron, the name of the massage technician administering treatment, and the type of treatment administered, to be recorded. on a patron release form. Such written record shall be open to inspection by City officials and shall be kept on the premises of the massage establishment for a period of two (2) years. r. No part of the massage establishment shall be used for residential or sleeping purposes. Zoning Administrator Action 19-003 UD 2019-000021 CUP 2019-00007 Exhibit "B" Page 5 s. Only professional massage tables may be placed in massage rooms and utilized for massage services. The tables must have a minimum height of eighteen (18) inches. Beds, mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are not permitted on the premises. t. No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage. 6. Every massage establishment shall adhere to the following standards of conduct: a. No massage technician, or any other massage establishment employee, inclusive of independent contractors, shall violate the provisions of Section 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such. practices shall not be allowed or permitted by anyone. b. No massage technician, or any other massage establishment employee or independent contractor, shall expose their genitals, pubic area, buttocks, anus, or breast(s) below the point immediately, above the top of the aureole to the view of a massage establishment patron. c. No massage technician while engaged in the practice of massage, or while visible to patrons of the massage establishment, shall dress in: attire that is transparent, see-through, or substantially exposes the massage technician's undergarments; swim attire, if not providing a water-based modality approved by CAMTC; a manner that exposes the massage technician's breast, buttocks, or genitals; or a manner that constitutes indecent exposure in violation of Section 314-of the California Penal Code. d. Except as expressly permitted herein, a massage technician shall not massage a patron of one (1) sex within the view of a,patron of the opposite sex, and such practices shall not be allowed or permitted by anyone unless all parties expressly consent to the treatment, location, and presence of the patron of the opposite sex. 1. This subsection shall not apply if all involved patrons are fully clothed, excluding socks or stockings. 2. No more than one (1) male and one (1) female may consent to be massaged in the same treatment room. 3. No person under the age of eighteen (18) may consent to a massage in the presence of another unless the other patron Zoning Administrator Action 19-003 UD 2019-000021 CUP 2019-00007 Exhibit "B" Page 6 present is the minor's parent or legal guardian, and the parent or legal guardian consents. e. No person(s) other than an owner, operator, manager, employee, independent contractor -or patron shall be allowed beyond the reception and waiting area during the hours of operation. Any other person(s) found beyond the reception and waiting area including, but not limited to, hallways, massage rooms, offices, lounge areas, or dressing rooms will be in violation of this section. Notwithstanding the foregoing, the following persons may be permitted beyond the reception area, and present in massage rooms while massage services are provided without violating this subsection: 1. The parents or guardian of a patron who is a minor child; 2. minor child of a patron; or 3. The conservator, aide, or other caretaker of a patron. f. No more than two (2) members of the same sex may consent to be massaged in the same treatment room unless all involved patrons are fully clothed, excluding socks or stockings. g. No massage technician, or any other massage establishment employee, inclusive of independent contractors, shall engage in any form of "unprofessional conduct" as defined by Section 4609(a)(1) of the Massage Therapy Act, including: 1. Engaging in any form of sexual activity on the premises of the massage establishment. 2. Engaging in sexual activity while providing massage services for compensation. 3. Providing massage of the genitals or anal region. 4. Providing massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider. h.'A massage establishment patron's genitals, anus, and in the case of a female, her breasts (except as expressly permitted by subsection (g) above), must be fully covered at all times while a massage technician or any other massage establishment employee, inclusive of independent contractors, is present in the same room as the patron. L No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, or using any Zoning Administrator Action 19-003 UD 2019-00002 / CUP 2019-00007 Exhibit "B" Page 7 alcoholic beverage or illegal drug. Legal over-the-counter drugs and prescription drugs are permitted, provided the individual in possession of the prescription drug is the individual identified on the prescription label. j. The owner, operator, manager or any other massage establishment employee or independent contractor shall not permit any person in possession of illegal drugs to enter or remain upon such premises. 7. No person granted a permit shall use any name or conduct business under any designation not specified in his/her permit. REVOCATION OF PERMITS UNDER THE PROVISIONS OF THE TUSTIN CITY CODE FOR ANY OF THE FOLLOWING REASONS: THE DIRECTOR OR PLANNING COMMISSIN MAY REVOKE A PERMIT ISSUED 1. WHERE THE DIRECTOR OR THE PLANNING COMMISSION HAS FOUND AND DETERMINED THAT THE PRESERVATION OF THE PUBLIC HEALTH, SAFETY AND WELFARE DEMAND REVOCATION OR SUSPENSION OF THE PERMIT; 2. WHERE THE PERMITTEE HAS VIOLATED ANY PROVISION OF THE TUSTIN CITY CODE, OR STATUTES OF THE STATE OF CALIFORNIA, OR OF THE UNITED STATES OF AMERICA 3. WHERE A PERMIT HAS BEEN ISSUED ON FALSE STATEMENTS IN AN APPLICATION; 4. WHERE THE PERMITTEE HAS VIOLATED ANY OF THE TERMS AND CONDITIONS OF THE PERMIT OR CONDITIONAL USE PERMIT; 5. WHERE THE USE OR ACTIVITY FOR WHICH THE PERMIT WAS GRANTED HAS CEASED OR HAS BEEN SUSPENDED FOR ONE (1)YEAR OR MORE; 6. WHERE THE PERMITTEE NO LONGER MEETS THE PREREQUISITES OR REQUIREMENTS OF THE PERMIT; AND 7. FAILURE TO PROVIDE COUNTY, STATE, AND/OR FEDERAL MANDATED LICENSING CERTIFICATES ON AN ANNUAL BASIS IF SUCH CERTIFICATES ARE REQUIRED. THIS PERMIT IS GRANTED AND SHALL BE VALID UNLESS ABANDONED OR REVOKED. My signature below verifies that I have read, understand and agree to the conditions under which this permit has been granted and have read and understand the conditions under which this permit may be revoked. AMY B. FRIEDMAN, D.C. DATE SIGNED