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HomeMy WebLinkAboutZAA 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. B. C. D. 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. 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. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-033 on October 10, 2005, by the Planning Commission. 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. Appropriate conditions are included to ensure compliance with the regulations for massage establishments and technicians as set forth in Ordinance No. 1289 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. ~ ELOISE HARRIS RECORDING SECRETARY ~~ DANA OGDON '" ACTING ZONING AD NISTRATOR 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 z~m~held on the 10th day of October, 2005. ELOISE HARRIS RECORDING SECRETARY GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A - ZONING ADMINISTRATOR ACTION 05-021 CONDITIONAL USE PERMIT 05-033 CONDITIONS OF APPROVAL 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. 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. 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. 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. 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 CODEtS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES 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 (1 ) 2.2 (1 ) 2.3 (1 ) 2.4 (1 ) 2.5 (*) 2.6 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 Tuesday, Wednesday and Thursday Sunday 9:00 a.m. to 5:00 p.m. 9:00 a.m. to 8:00 p.m. 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. 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. The applicant shall submit for review and approval all applications and materials for a "Massage Operator Permit" prior to providing massage services. The permit shall be displayed on the premises in a visible location at all times. 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. No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. 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 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) 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. 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. 2.9 Minimum ventilation shall be provided in massage rooms in accordance with the latest adopted requirements of the Uniform Building Code (UBC). 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. 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. 2.12 Adequate dressing, locker, and toilet facilities shall be provided for patrons. 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." 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. 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 (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) 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. 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. 1289). 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. 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. 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. 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. 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 1289. 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 (1 ) (1 ) (1 ) (1 ) (1 ) 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. 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. 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 all reasonable times. 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. 2.25 At least one of the massage rooms shall be wheelchair accessible for the disabled. 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.