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HomeMy WebLinkAbout05 CUP 05-007 ITEM #6 Report to the Planning Commission DATE: AUGUST 22, 2005 SUBJECT: CONDITIONAL USE PERMIT CUP 05-007 PROPERTY OWNER: SHIRLEY A. GRISET 2620 SECOND AVENUE #11-A SAN DIEGO, CA 92103 SAUL STEVENS TRUSTEE 300 FOUNTAIN GROVE PARKWAY, #236 SANTA ROSA, CA 95403 APPLICANT: DINA LEE MRS. LEE PALM AND CARD READER 1036 IRVINE BOULEVARD TUSTIN, CA 92680 LOCATION: 1036 IRVINE BOULEVARD GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: ENVIRONMENTAL STATUS: RETAIL COMMERCIAL (C-1) THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST FOR AUTHORIZATION TO ESTABLISH A PALM READER/FORTUNETELLING BUSINESS IN AN EXISTING COMMERCIAL STOREFRONT LOCATED AT 1036 IRVINE BOULEVARD RECOMMENDATION That the Planning Commission adopt Resolution No. 3988 approving Conditional Use Permit 05-007 to authorize the establishment of a palm reader/fortunetelling business in an existing commercial storefront located at 1036 Irvine Boulevard. Planning Commission Report CUP 05-007 August 22, 2005 Page 2 BACKGROUND Previously, Mrs. Lee conducted a palm reader/fortunetelling business at 1021 Irvine Boulevard which was approved under Conditional Use Permit 96-035 through Planning Commission Resolution No. 3496. With the construction of a new Walgreens at the previous location, Mrs. Lee is required to relocate her business to a new location and pursuant to Section 9232.b(t) of the Tustin City Code, an approval of a Conditional Use Permit for the new location is required prior to receiving a Fortunetelling Permit by the Community Development Director. The new location is across Irvine Boulevard in an existing commercial storefront located at the southeast corner of Irvine Boulevard and Newport Avenue (Attachment A - Location Map). The site is zoned Retail Commercial (C-1) and the site is bounded by a shopping center and offices to the south and east, the new (under construction) Walgreens across Irvine Boulevard, and Plaza Lafayette to the west across Newport Avenue. DISCUSSION Business Operation Mrs. Dina Lee has been in the palm reader/fortunetelling business for over twenty (20) years. Mrs. Lee originally started her business at 14311 Newport Avenue in 1985 and has operated at the previous location at 1021 Irvine Boulevard since 1997. The proposed location is approximately 995 square feet and consists of three (3) offices, a storage room, and a waiting/receptionist area. Although the proposed floor plan indicates three (3) offices, Mrs. Lee would be the only person who will conduct the palm reader/fortunetelling business; all other offices are to be used as waiting rooms similar to a doctor's office configuration. Hours of Operation The proposed business hours of operation are from 10:00 a.m. to 7:00 p.m. Monday through Friday, 10:00 a.m. to 4:00 p.m. on Saturday, and closed on Sunday. These hours are consistent with the hours of operation of the center. Parking The site is provided with twenty-five (25) parking spaces to accommodate various existing businesses. Previously, the tenant space was occupied by a dental office. Since the nature of the proposed business is similar to an office use, and no expansion Planning Commission Report CUP 05-007 August 22, 2005 Page 3 and/or alteration of the existing floor plan is proposed, no additional parking spaces would be required. Conditional Use Permit In determining whether to approve the Conditional Use Permit for the proposed palm reader/fortunetelling business, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1. The General Plan land use designation of Community Commercial and the Retail Commercial (C-1) zoning district provide for a variety of commercial uses, including a palm reader/fortunetelling business. A palm reader/fortunetelling business is allowed to locate at the proposed location with the approval of a Conditional Use Permit pursuant to Section 9232.b(t) of the Tustin City Code. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. 2. The proposed palm reader/fortunetelling business is consistent with Section 3631 et seq. of the Tustin City Code which regulates palm reader/fortunetelling for pay businesses. 3. The proposed hours of operation are consistent with the hours of operation of the other businesses within the center. 4. The applicant has previously operated a palm reader/fortunetelling business with a permit issued by the City since 1985, and the City has no record of any problem related to the operation of the business. 5. As conditioned, Conditional Use Permit 05-007 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 05-007 or is found to be a nuisance or negative impacts associated with the use 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 Conditional Use Permit. 6. The implementation/application of the proposed conditions would ensure compatibility of the proposed palm reader/fortunetelling use with the surrounding uses and the Tustin City Code. Planning Commission Report CUP 05-007 August22,2005 Page 4 Staff recommends that that the Planning Commission adopt Resolution No. 3988 approving the Conditional Use Permit for a palm reader/fortunetelling business in an existing commercial storefront at 1036 Irvine Boulevard -~ ~ ~d IT' Dana Ogdon Assistant Community Development Director J tina Willkom Senior Planner Attachments: A. Location Map B. Submitted Plans C. Resolution No. 3988 S:ICddlPCREPOR1\2005lCUP 0S-1 8 (Pawnbrokerj.doc ATTACHMENT A Location Map LOCATION MAP '-" À. PROJECT NO. ADDRESS CUP 05-~07 Boulevard 1036 Irvine Tustin ATTACHMENT B Submitted Plans tJ..e.V-/ p~.,... I::>L-VO, -;;::::-..: ::....: -:~.::.:::::::::::>. .~~, ~~",,- I ~ '-~ J~ <~ ~ÌI ~,~ ~ ~,~~ ,_-/r-', .,.".,.,,- '<;', i if" "'. '-\ '~ ,~, - }----......... ". " ' ',J¡ " ~ I -- ~ i @;- i"'" '\ ,"---""-- I '-, '\: I' I ø - ~-:;--J "'~. ~ !.-------": ,~" I' '--, ~ <.. I c., -__'m.-"""", i- I I ~ jf :¡ \ //~ Ò I ..: -_. ¡_._~/- / ~' £ , J ~ ¡ / .-. ~:"'.4;'- \.-- --------~." ,/, -- I ;;-- '-1 ~\ ,({><:.. >ê~ ., I f@=' r¡ "~~,~ \/ ~ I 1----- 8 / "-- '4( : ~- þ~~¡"-;:! r-' , ~ ,\~ . ~ II. " L ,~..,..,.-_,i. /' ',"," ,"'I"""~ ,\. I ~.=-~--.~ r ' '// // " '" .., f ~ - .J://~ ~ ~:= . ~jlf j@\e\ t ~ ,JF-} I~~' / \-1.!'/,'-~ P ~ - ~~ \ -- "" .- íJ \1 Ii C 1<¡ " -f i) >,' ~- 'J :.I. . -' ~ !J v' f L,' ß f L. .,;:;J-";:>¡2_- I 1 l.", I! -h--- -t- -r I I~ L.9Jf' ---, Ii L J, ';::,~:" - J ______L~~,,_"'_- l' J' C~ I ~',~ l 'o~~= §Ì- -, :'Yl ~ ---- \//I~---- . .. ~F"fl~ Off"<:',::- 'ì'~)(. (0 "¡~~'f<l I . --------- ::-_===::¡__I ,----=c=.~:c,~ -~_._---~~- ----~~ - --- -'f"~~--=="'l:::\, ú\ ~ W"',T, JG, "...~,.. Ihl'\ '1:;;>1.-1'.. ~.J IIi. """ t'.. ""," Proposed Location New Tenant Occupy APN# 500-102-01 Zoning Designation: 100, Cl, 10,000 .49 acres 995 sq.ft. approximately PROPOSED INTERIOR T.T. Paint all walls and ceiling, new carpet, replace old light bulbs. Cosmetic only. 2 handicapped stalls van accessible 23 parking stalls -\'- \I ,- ~ ATTACHMENT C Resolution No. 3988 RESOLUTION NO. 3988 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-007 AUTHORIZING A PALM READER/FORTUNETELLING BUSINESS IN AN EXISTING COMMERCIAL STOREFRONT LOCATED AT 1036 IRVINE BOULEVARD. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. B. C. That a proper application for Conditional Use Permit 05-007 was filed by Mrs. Dina Lee requesting authorization to establish a palm reader/fortunetelling business in an existing commercial storefront located at 1036 Irvine Boulevard. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-007 on August 22, 2005, by the Planning Commission. That the proposed palm reader/fortunetelling business will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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 General Plan land use designation of Community Commercial and the Retail Commercial (C-1) zoning district provides for a variety of commercial uses, including a palm reader/fortunetelling business. A palm reader/fortunetelling business is allowed to locate at the proposed location with the approval of a Conditional Use Permit pursuant to Section 9232.b(t) of the Tustin City Code. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. 2. The proposed palm reader/fortunetelling business is consistent with Section 3631 et seq. of the Tustin City Code which regulates palm reader/fortunetelling for pay businesses. 3. The proposed hours of operation are consistent with the hours of operation of the other businesses within the center. 4. The applicant has previously operated a palm reader/fortunetelling business with a permit issued by the City since 1985, and the City Resolution No. 3988 Page 2 has no record of any problem related to the operation of the business. 5. As conditioned, Conditional Use Permit 05-007 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 05-007 or 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 Conditional Use Permit. 6. The implementation/application of the proposed conditions would ensure compatibility of the proposed palm reader/fortunetelling use with the surrounding uses and the Tustin City Code. D. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 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 05-007 authorizing the establishment of a palm reader/fortunetelling business in an existing store front located at 1036 Irvine Boulevard, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 22nd day of August, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3988 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. 3988 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of August, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A RESOLUTION NO. 3988 CONDITIONAL USE PERMIT 05-007 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped, August 22, 2005, 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. 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. All conditions in this Exhibit shall be complied with prior to the commencement of the palm reader/fortunetelling activity or as specified, subject to review and approval by the Community Development Department. ' Approval of Conditional Use Permit 05-007 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. As a condition of approval of Conditional Use Permit 05-007, 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, SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUI REMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3988 Page 2 (1 ) (1 ) (***) (1) (1) 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 applicant of 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. 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 1.8 Conditional Use Permit 05-007 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 05-007, or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 1.9 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. 1.10 The applicant shall obtain a sign permit prior to installation of any signs and all signs shall comply with the Tustin Sign Code. USE RESTRICTIONS (1) (1) 2.1 2.2 The applicant shall comply with Section 3631 et seq. of the Tustin City Code which regulates palm reader/fortunetelling for pay businesses. Prior to engaging in the business of palm reader/fortunetelling, a valid Fortunetelling Permit shall be obtained from the Director of Community Development. Exhibit A Resolution No. 3988 Page 3 (1 ) (1 ) (1 ) (1 ) FEES (1 ) 2.3 2.4 2.5 2.6 3.1 The hours of operations shall be from 10:00 a.m. to 7:00 p.m. Monday through Friday, 10:00 a.m. to 4:00 p.m. on Saturday, and closed on Sunday. The applicanVpermittee/palm reader/fortunetelling practitioner shall post in plain sight on his/her business premises a sign containing the following information: 1. 2. 3. The true name of the palm reader/fortunetelling practitioner; Each service provided by the palm reader/fortunetelling practitioner; The fees charged for each service provided by the palm reader/fortunetelling practitioner; The statement "By City law, this business is prohibited from charging or soliciting any fee, payment, or remuneration beyond these established rates"; and, The statement "Any client wishing to do so may make an audio tape or take written notes during any palm reader/fortunetelling session or consultation." 4. 5. The required sign shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the palm reader/fortuneteller. The sign lettering shall be of uniform size with each letter at least one-half (1/2) inch in height. No person shall charge or collect any fee, payment, remuneration, or item of value for palm reader/fortunetelling services in excess of the fees set forth on the sign. No person transacting or engaging in any palm reader/fortunetelling for pay services shall prohibit a client from making an audio recording or taking written notes of the information provided by the fortuneteller. 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 forty-three dollars ($43.00) 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 interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.