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HomeMy WebLinkAboutCUP 05-033Inter-Com DATE: ~ OCTOBER 10, 2005 ~ ;,r,, ~~- TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 05-033 PROPERTY FORUM CAPITAL INC. OWNER: 1 POINTE DRIVE, SUITE 330 BREA, CA 92821 ATTN: ROBERT CLARK/JOHN COELHO APPLICANT: ANTHONY B. SALON 139 W. FIRST STREET TUSTIN, CA 92780 ATTN: SHANNON BOCCIGNONE LOCATION: ZOMNG: ENVIRONMENTAL STATUS: REQUEST: RECOMMENDATION 139 W. FIRST STREET FIRST STREET SPECIFIC PLAN (FSSP) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. PROVIDE MASSAGE SERVICES IN CONJUNCTION WITH A HAIR SALON AND SPA SERVICES That the Zoning Administrator adopt Zoning Administrator Action No. 05-021 approving Conditional Use PBrmlt 05-033. BACKGROUND The applicant is requesting approval to provide massage services in conjunction with a new salon, which is located within a retail center at 139 W. First Street (Attachment A - Location Map}. Salons are outright permitted in the Commercial land use designation of FSSP; however, a conditional use permit is required for massage services to be established in the Commercial General zoning districts. In addition, on June 3, 2002, the City Council adopted Ordinance No. 1252 (Attachment B -Excerpts of Ordinance No. 1252), which requires specific facilities for massage establishments and sets forth standard operational Zoning Administrator Report CUP 05-033 Page 2 conditions and permit requirements. The proposed massage facilities are provided in accordance with the requirements of the City ordinance. Site and Surrounding Properties The salon is located in a commercial retail center within the FSSP Commercial zoning and surrounded by commercial uses on the east, west and south and residential uses on the north. The retail center includes three (3) separate buildings. The salon occupies a 4,000 square foot tenant space in a multiple tenant building at the northwest corner of the site. Other tenants within the center include a sandwich shop, Mexican fast food, a coin laundry, aretail-clothing and home accessory store, and a dental office. DISCUSSION Project Description Massage services would be in conjunction with salon services and spa/facial treatments. The facility is divided into two areas; a larger area is provided for hair styling and manicure, and a smaller area is provided for spa services which include three (3) individual self- tanning rooms, one (1) massage room, and two (2) facial rooms (Attachment C - Submitted Plan). The massage room includes a wash basin, anon-locking door and five (5) footcandle minimum lighting as required by Ordinance No. 1252. Massage services will be provided to men and women one at a time in the proposed massage room and occasionally in one of the facial rooms. The hours of operation for the salon are compatible with other retail uses within the center and are as follows: Monday, Friday & Saturday 9:00 a.m. to 5:00 p.m. Tuesday, Wednesday & Thursday .9:00 a.m. to 8:00 p.m. Sunday Closed Condition 2.1 would require all massage services to be provided to individuals and during the operating hours of the salon. Parking Parking for the facility is shared with several other retail and office uses within the center. The Tustin City Code does not specifically address massage establishments under the parking requirements for commercial uses. Massage services have been previously required to comply with the retail parking standards. Since the salon is required to provide retail parking at a ratio of one (1) parking space for each 200 square feet, adequate parking would be available for the proposed use. Condition 2.26 is included that may require preparation of a parking demand analysis in case parking problems are reported. Zoning Administrator Report CUP 05-033 Page 3 Licensing Requirements If this conditional use permit is approved, the applicant will be required to obtain a Massage Operator Permit and each massage technician will be required to obtain a Massage Technician Permit in accordance with Ordinance No. 1252.. As stated in Ordinance No. 1252, the applicant and all technicians will be required to fulfill a number of requirements related to providing identification and qualifications for providing massage services. ANALYSIS In determining whether to approve the Conditional Use Permit, the Zoning Administrator 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. Conditions 2.1 through 2.26 are included in Zoning Administrator Action 05-021 to ensure compliance with Ordinance No. 1252, the Uniform Building Code, and representations made by the applicant (Attachment D). A decision to approve this request may be supported by the following findings: Appropriate conditions are included to ensure compliance with the regulations for massage establishments and technicians as set forth in Ordinance No. 1252 and representations by the applicant and ensure compatibility with surrounding commercial and residential uses. 2. The proposed massage services are ancillary to the salon use and can be accommodated by the existing number of retail parking spaces required for the salon. The proposed massage services would be provided to individuals and would also be limited to one (1) person at a time. 3. Massage services would be provided during the salon's normal operating hours and the proposed hours of operation from 9:00 a.m. to 5:00 p.m. Monday, Friday and Saturday, 9:00 a.m. to 8:00 p.m. Tuesday, Wednesday and Thursday, and closed on Sunday, which are consistent with the hours of operation for other commercial uses in the area and compatible with nearby residential uses. --P~,~ Minoo Ashabi Associate Planner Attachments: A. Location Map B. Excerpts of Ordinance No. 1252 C. Submitted Plans/Parking Summary D. ZA Action 05-021 S:\Cdd\ZAREPORT12005\CUP 05-033.doc ATTACHMENT A Location Map LOCATION MAP ATTACHMENT B Submitted Plans ~ , ~ i a, , 0 i ~ W o CJ ' w W 1 N ~ L~ ~ v o t~~~ ~6> ,_ ~ -~ ~~ ~; ~ d i -~-_. ~ .~ ~ , ~-; ~ T+]~~+' e. "+/ ~.~,: rStaJS ao a ~~ 1 • ~ ~~ . ,~ 1 ~ ++ ~ Yf a ~~ ~~ ~ ' ~~ ~~ 4 N - ~ '~ a 2 ~ ~ V1 ` .. ~ S1 `'`° .-C . ~`7 r -~ / -~ °~~ ZI (!7! ~' ~~ ~~ Z ~J A- ~. D D AI ___~ i A a qkp BCC Ii t~ \` $yI (~ g AI ~g ~~ ~ 6~ ~ i ~~F I tad-ll ~~~~~~~ I., I ... __1 I cI >~ S~ & pi .I I p8 ~~ --,.~e.~ L~ ~~ ~¢g~t y3y~ ~{I{Ii I~~ ~ ~~ ~~ ~ ~' ~~~~ ~' g i ~~f kE h ~~ ~ ~! I €~ ° _' RR P ~ ~ ~ ~; ~ yy ~H~ ~~ 91 .~ n d ~~ ~~ ~ ~~~ ~~ ~~~ Cl L7 ®® 6 e sCD Zg~~ ~~~~ Y [7~G ~~~jj a~5 ~~~~~ t ~: w w Z~ ~~ A- ~ 1 ~r ~m ATTACHMENT C Excerpts of City Ordinance No. 1252 Ordinance No. 1252 Page 37 CHAPTER 6 PERSONAL SERVICES CHAPTER INDEX PART 1 CHECK CASHING 3611- CHECK CASHER PERMIT REQUIRED 3612 PREREQUISITE FOR CHECK CASHING PERMIT 3613 REGULATIONS FOR CHECK CASHERS PART 2 MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS 3621 PERMITS REQUIRED/ANNUAL RENEWAL REQUIRED 3622 PREREQUISITES FOR MASSAGE OPERATOR PERMIT 3623 APPLICATION REQUIREMENTS FOR MASSAGE OPERATOR'S PERMIT 3624 OPERATOR, MANAGER, AND MASSAGE TECHNICIAN REGULATIONS 3625 APPLICATION REQUIREMENTS FOR MASSAGE TECHNICIAN PERMIT 3626 MASSAGE ESTABLISHMENT REGULATIONS 3627 CHANGE OF OWNERSHIP 3628 EXEMPTION PART 3 FORTUNETELLING FOR PAY 3631 FORTUNE TELLING PERMIT REQUIRED 3632 PREREQUISITES FOR FORTUNE TELLING PERMIT 3633 EXCEPTIONS 3634 APPLICATION REQUIREMENTS 3635 OPERATIONAL REGULATIONS PART 4 ADULT ENTERTAINMENT BOOKING AGENCY 3641 ADULT ENTERTAINMENT BOOKING AGENCY PERMIT REQUIRED 3642 PREREQUISITES FOR ADULT ENTERTAINMENT BOOKING AENCY PERMIT 3643 APPLICATION REQUIREMENTS PART 5 TATTOOING, BODY PIERCING, AND PERMANENT COSMETICS 3651 PERMIT REQUIRED 3652 PREREQUISITE FOR PERMIT 3653 OPERATIONAL REGULATIONS Ordinance No. 1252 Page 38 PART 1 CHECK CASHING 3611 CHECK CASHER PERMIT REQUIRED No person shall conduct the business of check casher without a valid Check Casher Permit issued by the Director. 3612 PREREQUISITE FOR CHECK CASHER PERMIT No person shall engage in the business of check casher without a valid state check casher permit issued by the California Department of Justice. 3613 REGULATIONS FOR CHECK CASHERS a Compliance with State Law Check cashers shall comply with all applicable provisions of California Civil Code Section 1789.30 Q SE?,q. Check cashers shall post a complete, detailed, and unambiguous list of all fees for check cashing services in plain view in clear, legible letters of not less than one-half inch in height. A check casher shall post in plain view a list of valid identification which the business will accept for cashing checks in clear legible letters of not less than ane-half inch in height. A check casher permittee shall not transfer or assign a check casher permit. PART 2 MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS 3621 PERMITS REQUIRED/ANNUAL RENEWAL REQUIRED No person shall engage in business as a massage technician or as the operator of a massage establishment without having a valid massage technician permit or massage operator permit issued pursuant to this Article. Massage Operator permits and Massage Technician permits shall be valid for a maximum of one (1) year. Each Massage Technician and Massage Operator shall renew the permit annually. 3622 PREREQUISITES FOR MASSAGE OPERATOR PERMIT No person shall be eligible to receive a massage operator permit until such person has obtained a valid conditional use permit for a massage establishment pursuant to Tustin City Code Section 9232, 9233, 9234, or 9235. Ordinance No. 1252 Page 39 3623 APPLICATION REQUIREMENTS FOR MASSAGE OPERATOR PERMIT In addition to all other information requested on the application form, the application shall contain or be accompanied by the following: (1 } Information regarding the type of ownership of the business, i.e., whether by individual, partnership, corporation, or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provision of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this Chapter. (2} The precise name under which the massage establishment is to be conducted. (3) The complete address and telephone numbers of the massage establishment. (4) A complete current list of the names and residence addresses of all proposed massage technicians and other employees in the massage establishment and the name and residence address(es) of the manager(s). A manager is the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-today operations with the same liabilities and responsibilities or who acts with evidence of management. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. A manager may also be an owner. A manager must meet the standards and qualifications fora massage technician permit to qualify as a manager and obtain a massage technician permit. (5) A description of any other business operated on the same premises, or within the City of Tustin, or within the State of California, which is owned or operated by the applicant. Ordinance No. 1252 Page 40 (6) The following personal information concerning the applicant: (a) Full complete name and all aliases used by the applicant; (b) Current address and all previous residential addresses for eight (8) years immediately preceding the present applicant's address; (c} Proof that the applicant is at least eighteen (18) years of age; (d) Height, weight, color of hair, eyes, and sex; (e) Two (2) front faced portrait photographs at least two inches by two inches (2"x2") in size; (f) The applicant's complete business, occupation, and employment history for eight (8) years preceding the date of application: (g) The complete massage permit history of the applicant; whether such person has ever had any permit or license issued by any agency, board, city,, county, territory, or state; the date of issuance of such a permit or license, whether the permit or license was denied, revoked, or suspended; or if a vocational professional license or permit was denied, revoked, or suspended; and the reason therefor; (h) All criminal convictions, including pleas of polo contenders, within the last five (5 years), including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor; and, (i) A complete set of fingerprints taken by the Police Department. (7} The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. !f the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property. (8) Authorization for the City, its agents and employees to seek verification of the information contained in the application. 3624 OPERATOR, MANAGER; AND MASSAGE TECHNICIAN REGULATIONS Except as required by a State licensed medical practitioner, no massage technician, massage technician aide, or employee shall massage the genital, buttock, or anal area of any patron or the breasts of any female patron, nor shall any operator or manager of a massage establishment allow or permit such massage. No massage Ordinance No. 1252 Page 41 operator or designated manager, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, buttocks, anus, or, in the case of female, her breasts, are fully covered. No person, operator or massage technician granted a permit pursuant to this Article 3 shall use any name or conduct business under any designation not specified in his/her permit. All massage establishments shall have a manager on the premises at all times the massage establishment is open. The operator and/or manager shall post, on a daily basis, the name of each on-duty manager and each on-duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this Chapter. All operators and/or on-duty managers must be able to communicate effectively with City officials. No licensed establishment shall be open for the business of massage without having at least one (1) massage technician holding a current valid permit of the specific establishment on the premises, and on duty, at all times when said establishment is open.. The operator and/or manager(s) shall ensure the massage technician permit for each on-duty massage technician is displayed in a conspicuous pubiic place in the lobby and that each massage technician is wearing or has his/her massage technician permit on his/her person at all times when in the massage establishment. Such identification shall be provided to City officials upon demand. An operator and/or on-duty manager shall be responsible for the conduct of all employees while the employees are on the licensed premises. Any act or omission of any employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, denied, or renewed. No operator or manager shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this Article 3. Every operator or manager shall report to the Director any change of employees, whether by new or renewed employment, discharge, or termination, on the form and in the manner required by the Director. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) days of the hire or termination. The operator or designee shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the Director within five (5) days of termination of employment. All persons employed in the massage establishment shall be fully clothed. Clothing shall be of a fully opaque material and shall provide complete covering from. mid- thigh to three (3) inches below the collarbone. Ordinance No. 1252 Page 42 The operator and/or on duty manager shall maintain a register of all employees, showing the name, nicknames, and aliases used by the employee, home address, age, birth date, sex, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two (2) years following termination. The operator and/or manager on duty shall make the register of employees available immediately for inspection by police upon demand of a representative of the police department at all reasonable times. A permittee shall comply with all provisions of this Chapter and any applicable provision of the Tustin Municipal Code. The massage technician shall have his/her massage technician permit on his/her person at all times when present in the massage establishment. Such identification shall be provided to City officials upon demand. Massage technicians shall not perform any massage at any location other than the location specified on the permit. While on duty, the massage technician shall not use any name other than that specified on the permit. 3625 APPLICATION REQUIREMENTS FOR MASSAGE TECHNICIAN PERMIT In addition to the information requested on the application form, the application shall contain or be accompanied by the following information: {1) A statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with said location, and the name and address of the massage establishment. (2) The following personal information concerning the applicant: (a) Full complete name and all aliases used by the applicant, along with complete residence address and telephone; (b} Residential addresses for eight (8) years immediately preceding the present address of the applicant; (c) Acceptable written proof that the applicant is at least eighteen {18) years of age; (d) Height, weight, color of hair and eyes, and sex; (e) Two (2) front faced portrait photographs at least two inches by two inches (2" x 2") in size; (f) The business, occupation, and employment history of the applicant for eight (8) years immediately preceding the date of the application; and, Ordinance No. 1252 Page 43 (g) The complete permit history of the applicant and whether such person has ever had any license or permit issued by any agency, board, city, or other jurisdiction denied, revoked, or suspended and the reasons therefor. (3) Criminal convictions, including pleas of nolo contendere, within the last ten (10) years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor. (4} A complete set of fingerprints taken by the Police Department. (5) Such other information and identification as the Chief of Police may require to discover the truth of the matters herein specified and as required to be set forth in the application. (6} Authorization for the City, its agents and employees to seek verification of the information contained in the application. (7) A statement in writing, and dated, by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct. (8) If during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Director in writing of such change within ten (10) business days thereafter. Each applicant must furnish an original or certified copy of a diploma or certificate and certified transcript of graduation evidencing completion of 1,000 hours in a progressive course of instruction from a recognized School of Massage, wherein the method, practice, profession, theory, ethics, anatomical, and physiological knowledge and practice of massage technician is taught by State-certified instructors. A recognized School of Massage means any school or institution of learning which teaches, through State-certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code section 94310 or 94311, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual physical attendance shall not be deemed a recognized school. Duplicate courses shall not be accepted. The applicant must also supply a course description, an outline of material covered, and a letter to the City from the school administrator verifying completion. The Director may consider an applicant's study of massage completed outside the State of California if proof of completion from a formalized and progressive course of study in massage practice, anatomy, and/or physiology is provided with the application. Ordinance No. 1252 Page 44 Proof of completion shall include dates of study and the name, address, and phone number of the school attended. Any outside course of study submitted for approval shall meet the State of California's Office of Post .Secondary Education's minimum requirements and be for completion of 1,000 hours of on-premises training. 3626 MASSAGE ESTABLISHMENT REGULATIONS No massage operator 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) A recognizable and readable sign shall be posted at the main entrance, identifying the establishment as a massage establishment, provided that all such signs shall comply with the Tustin Sign Code. (2) Minimum lighting shall be provided in accordance with the Uniform Building Code. In addition, a light level of no less than five (5) foot candles shall be maintained in public rooms, walkways, and at any point within each room or enclosure where massage services are performed, at all times such services are being provided. (3) Minimum ventilation shall be provided in accordance with the Uniform Building Code. (4) 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 inspections for compliance with health standards. (5) Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material acceptable to the department or agency designated by the City Manager to make inspections for compliance with health standards. (6} In any massage establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single separate room or the massage operator may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed. (7) Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons, except that dressing and locker facilities shall not be required if all patrons remain fully clothed while in the massage establishment, and Ordinance No. 1252 Page 45 bathing facilities shall be required only when the massage establishment provides steam rooms or sauna baths. If applicable, a minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin shall be provided by the massage establishment, provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, separate dressing, and separate toilet facilities shalt be provided for male and female patrons. 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. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and similar equipment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed, dispensers. A trash receptacle shall be provided in each toilet room. (8) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. (9) Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. Towels, sheets, and linens shall be provided in sufficient quantity and shall not be used by more than one (1) person unless they have been first relaundered. 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." (10) A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin sanitary towels placed in permanently installed dispensers. 3627 CHANGE OF OWNERSHIP A massage establishment operator shall report to the Director within ten (10) days any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than five (5) percent of the stock of the corporation, officers, Ordinance No. 1252 Page 46 directors, and partners in any and all changes of name, style, or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business. A change of location of any premises may be approved by the Director, provided there is compliance with all applicable regulations of the City and a conditional use permit has been approved for the new location. No massage establishment permit may be sold, transferred, or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Director, shall be placed in the name of the surviving partners. A massage establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred, or assigned after the issuance of a permit, or any stock authorized but not issued at the time of the granting of a permit is thereafter issued or sold, transferred, or assigned. No massage technician permit may be sold, transferred, or assigned by a permittee, or any operation of law, to any other person or persons. 3628 EXEMPTION The requirements of this Chapter shall have no .effect upon and shall not be construed as applying to any persons designated as follows: (1) State-licensed physicians, surgeons, chiropractors, physical therapists, and osteopaths; (2) Registered or Licensed vocational nurses or massage technicians working on the premises of a State-licensed physician, surgeon, chiropractor, physical therapist, or osteopath, whether employed by such person or not, while the State-licensed physician, surgeon, chiropractor, physical therapist, or osteopath is present at the location where the massage takes place; (3) Barbers, beauticians, and cosmetologists who are duly licensed under the laws of the State of California; provided massage is limited to the head, neck, feet, hands, lower legs (to the knee), and forearms (to the elbow); and, (4) Trainers of any semi-professional or professional athlete or athletic team. ATTACHMENT D Zoning Administrator Action 05-021 ZONING ADMINISTRATOR ACTION 05-021 CONDITIONAL USE PERMIT 05-033 139 W. FIRST 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 Shannon Boccignone on behalf of Anthony B. Salon requesting authorization to provide massage services in conjunction with a new salon within a retail center located at 139 W. First Street. B. The General Plan Planned Community Commercial/Business land use designation provides for a variety of commercial and office uses which could include salon and spa facilities. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-033 on October 10, 2005, by the Planning Commission. D. 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 properly and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. Appropriate conditions are included to ensure compliance with the regulations for massage establishments and technicians as set forth in Ordinance No. 1252 and representations by the applicant and ensure compatibility with surrounding commercial and residential uses. 2. The proposed, massage services are ancillary to the salon use and can be accommodated by the existing number of retail parking spaces required for the salon. The proposed massage services would be provided to individuals and would be limited to one (1) person at a time. 3. Massage services would be provided during the salon's normal operating hours from 9:00 a.m. to 5:00 p.m. Monday, Friday and Saturday, 9:00 a.m. to 8:00 p.m. Tuesday, Wednesday and Thursday, and closed on Sunday, which are Zoning Administrator Action 05-21 CUP 05-033 Page 2 consistent with the hours of operation for other commercial uses in the area. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 05-033 authorizing massage services in conjunction with a new salon within a retail center located at 139 W. First Street, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 10th day of October, 2005. DANA OGDON ~"~ ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 05-021 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 10th day of October, 2005. ELOISE HARRIS Recording Secretary EXHIBIT A -ZONING ADMINISTRATOR ACTION 05-021 CONDITIONAL USE PERMIT 05-033 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 10, 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. (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 Approval of Conditional Use Permit 05-033 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) 1.4 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) 1.5 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit, and the Orange County Health Care Agent may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODES (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Conditions of Approval Exhibit A CUP 05-033 Page 2 (1) 1.6 Conditional Use Permit 05-033 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 05-033, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, 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. USE RESTRICTIONS (*) 2.1 The facility shall be limited to salon services, with skin care, tanning, and massage services including three (3) rooms for skin care and massage services. Massage services shall be provided to one (1) person at a time and during the hours of operation of the salon, which are as follows: Monday, Friday and Saturday 9:00 a.m. to 5:00 p.m. Tuesday, Wednesday and Thursday 9:00 a.m. to 8:00 p.m. Sunday Closed The type of services, number of rooms, floor plan, patrons, or employees shall not be modified without written approval of the Community Development Department. (1) 2.2 All exterior doors shall remain unlocked from the interior side during business hours. Two (2) exits from the building shall be maintained clear and unobstructed at all times. Doors on the rooms where massage services are performed shall not be equipped with any locking devices. (1) 2.3 The applicant shall submit for review and approval all applications and materials fora "Massage Operator Permit" prior to providing massage services. The permit shall be displayed on the premises in a visible location at all times. (1) 2.4 All massage technicians shall obtain a "Massage Technician Permit" issued by City of Tustin. Permits for the establishment and massage technicians shall be displayed on the premises in a visible location at all times. (1) 2.5 No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (*) 2.6 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 Conditions of Approval Exhibit A CUP 05-033 Page 3 managing employee, manager, or licensees shall not permit any person in violation of this condition to enter or remain upon the premises. (1) 2.7 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. (1) 2.8 Minimum lighting shall be provided in accordance with the Uniform Building Code. In addition, a light level of no less than five (5) foot candles shall be maintained in public rooms, walkways, and at any point within each room or enclosure where massage services are performed at all times such services are being provided. (1) 2.9 Minimum ventilation shall be provided in massage rooms in accordance with the latest adopted requirements of the Uniform Building Code (UBC). (1) 2.10 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 inspections for compliance with health standards. (1) 2.11 Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof materials acceptable to the department or agency designated by the City Manager to make inspections for compliance with health standards. (1) 2.12 Adequate dressing, locker, and toilet facilities shall be provided for patrons. (1) 2.13 Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. Separate closed cabinets or containers shall be provided for storage of clean and soiled linen and shall be plainly marked: "Clean Linen," "Soiled Linen." (1) 2.14 A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. (1) 2.15 The applicant shall report to the Director of Community Development Department within ten (10) days any and all changes of ownership or management of the massage establishment including, but not limited to, changes of manager or other person principally in charge, stockholders Conditions of Approval Exhibit A CUP 05-033 Page 4 ~~ holding more than five (5) percent of the stock of the corporation, officers, directors, partners in any and all changes of name, style, or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business. A change of any premises may be approved by the Director, provided there is compliance with all applicable regulations of the City and a conditional use permit has been approved for the new location. (1) 2.16 No massage establishment permit may be sold, transferred, or assigned by a permittee, other than in compliance with provisions specified in Tustin City Code (Ordinance No. 1252). (1) 2.17 All massage establishments shall have a manager on the premises at all times the massage establishment is open. The operator and/or manager shall post, on a daily basis, the name. of each on-duty manager and each on-duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this Chapter. All operators and/or on-duty managers must be able to communicate effectively with City officials. (1 } 2.18 No massage services shall be provided without having at least one (1) massage technician holding a current valid permit of the specific establishment on the premises, and on duty, at all times when said establishment is open. (1) 2.19 The operator and/or manager(s) shall ensure the massage technician permit for each on-duty massage technician is displayed in a conspicuous public place in the lobby and that each massage technician is wearing or has his/her massage technician permit on his/her person at all times when in the massage establishment. Such. identification shall be provided to City officials upon demand. (1) 2.20 An operator and/or on-duty manager shall be responsible for the conduct of all employees while the employees are on the licensed premises. Any act or omission of any employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, denied, or renewed. (1) 2.21 No operator or manager shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to Ordinance 1252. Every operator or manager shall report to the Director any change of employees, whether by new or renewed Conditions of Approval Exhibit A CUP 05-033 Page 5 employment, discharge, or termination, on the form and in the manner required by the Director. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) days of the hire or termination. The operator or designee shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the Director within five (5) days of termination of employment. (1) 2.22 All persons employed in the massage establishment shall be fully clothed. Clothing shall be of a fully opaque material and shall provide complete covering from mid-thigh to three (3) inches below the collarbone. (1) 2.23 The operator and/or on-duty manager shall maintain a register of all employees, showing the name, nicknames, and aliases used by the employee, home address, age, birth date, sex, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two (2) years following termination. The operator and/or manager on duty shall make the register of employees available immediately for inspection by police upon demand of a representative of the police department at alt reasonable times. (1) 2.24 The massage technician shall have his/her massage technician permit on his/her person at all times when present in the massage establishment. Such identification shall be provided to City officials upon demand. Massage technicians shall not perform any massage at any location other than the location specified on the permit. While on duty, the massage technician shall not use any name other than that specified on the permit. (1) 2.25 At least one of the massage rooms shall be wheelchair accessible for the disabled. (1) 2.26 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking - demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. Conditions of Approval Exhibit A CUP 05-033 Page 6 FEES (1) 3.1 Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and license permit fees to the Community Development Department. (1,5) 3.2 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 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.