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HomeMy WebLinkAboutCUP 05-048 Inter-Com DATE: MARCH 20, 2006 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 05-048 PROPERTY OWNER: MAURICE A. ENDERLE 14081 YORBA STREET #109 TUSTIN, CA 92780 HAIR ENCORE ATTN: GLORIA UTA 17350 SEVENTEENTH STREET, SUITE N TUSTIN, CA 92780 APPLICANT: LOCATION: 17350 SEVENTEENTH STREET, SUITE N ZONING: PLANNED COMMUNITY COMMERCIAL (PC COMM) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: PROVIDE ACCESSORY MASSAGE CONJUNCTION WITH A BEAUTY SALON SERVICES IN RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 06-03 approving Conditional Use Permit 05-048. BACKGROUND The applicant is requesting approval to provide massage services in conjunction with an existing beauty salon located at 17350 Seventeenth Street, Suite N (Attachment A - Location Map). The proposed accessory massage services request requires a hearing before the Zoning Administrator pursuant to Planning Commission Resolution 1815 which states Zoning Administrator Report CUP 05-048 Page 2 that a conditional use permit is required for accessory massage services in any commercial district. Pursuant to Tustin City Code Section 9299b(3)(e) the Zoning Administrator is authorized to hear requests for minor conditional use permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request does not alter the original intent of the project/site. The project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 05-048. In addition, City Council Ordinance No. 1252 (Attachment B - Excerpts of Ordinance No. 1252), requires specific facilities for massage establishments and sets forth" standard operational conditions and permit requirements. The proposed accessory massage use is in accordance with the requirements of Ordinance 1252. Site and Surroundinq Properties The salon is located in a commercial retail center currently known as Enderly Center in the Commercial Planned Community FSSP Commercial zoning district. Enderly Center is north of multi family dwelling units, south of Seventeenth Street and retail centers, west of an office complex, and east of retail commercial uses and the 55 Freeway. The beauty salon currently occupies a 1,521 square foot tenant space that consists of 1 152 square feet on a first floor and 869 square feet on a mezzanine level. Hair Encore occupies a corner suite and Kelton's Salon is located immediately west. Kelton's does not currently provide massage services. The property owner supports the project in that he provided his notarized signature on the application. DISCUSSION Project Description The applicant is proposing to add accessory massage services to the existing Hair Encore beauty salon. The first floor of the existing beauty salon is divided into multiple rooms including a lobby/reception area, open area hair styling stations, a hair washing room, a hair drying room, a restroom, and a kitchen/break room. The mezzanine level consists of open area hair styling stations, an esthetician room, a pedicure room, and a 60 square foot storage room which is proposed to be replaced with massage services. As evidenced on the submitted floor plan, the beauty salon is and will remain predominately hair styling oriented with open hair styling stations. (Attachment C - Floor Plan) The massage room includes a non-locking door and five (5) footcandle minimum lighting as required by Ordinance No. 1252. Massage services will be provided one person at a time in the proposed massage room. As conditioned, massage services may only occur when the primary beauty salon activities are occurring and when the business manager is on-site. Massage services will Zoning Administrator Report CUP 05-048 Page 3 be offered by appointment only. The salon and proposed accessory massage business hours are 9:00 a.m. to 5:00 p.m. Tuesday through Saturday which is consistent with other uses within the center. Parkinq Parking for the existing beauty salon is shared with several other retail and office uses within the center. The Tustin City Code does not specifically address parking requirements for accessory massage activities. However, retail parking standards at a ratio of one (1) parking space for each 200 square feet have been applied for other massage entitlements approved in the City. The additional massage component of the business will replace a portion of the current beauty salon floor space and activities and no new parking need shall be generated accessory massage services. Licensinq 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 required by 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. ANAL YSIS 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 06-003 to ensure compliance with Ordinance No. 1252 and the Uniform Building Code. A decision to approve this request may be supported by the following findings: 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 provided for the salon. The proposed massage services would be provided by appointment only Zoning Administrator Report CUP 05-048 Page 4 during the business hours of the beauty salon when the business owner or manager are on-site and beauty salon services are being offered and/or performed. 3. The hours of operation are 9:00 a.m. to 5:00 p.m. Tuesday through Saturday, which is consistent with the hours of operation for other commercial uses in the area. dp::~~ ~ Assõciate Planner Attachments: A. Location Map B. Excerpts of Ordinance No. 1252 C. Floor Plan D. ZA Action 06-003 A TT A CHMENT A LOCA TION MAP -:~ A TT A CHMENT B EXCERPTS OF ORDINANCE NO. 1252 TUSTIN CITY CODE PERSONAL SERVICES 3611 CHAPTER 6 PERSONAL SERVICES 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. (Ord. No. 1252, Sec. IT, 6-3-02) 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 Calüornia Department of Justice. (Ord. No. 1252, Sec. IT, 6-3-02) -. 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 et seq. 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 one-half inch in height. A check casher permittee shall not transfer or assign a check. casher permit. (Ord. No. 1252, Sec. IT, 6-3-02) 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. (Ord. No. 1252, Sec. II, 6-3-02) REV: 1-2005 BR-6-3 ---~-~---~ TUSTIN CITY CODE PERSONAL SERVICES 3622 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 Sections 9232, 9233, 9234, or 9235. A Healing Arts Practitioner, as defined in Section 3e28(~), shall not be required to obtain a conditional use permit to qualify for a massage operator permit. (Om. No. 1252, Sec. TI, 6-3-02; Ord. No. 1289, Sec. 8, 1-3-05) 3623 APPLICATION REQumEMENTS 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 rorth 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 (5) percent of the stock. of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of eaeh 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 (1) 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-to-day operations with the same liabilities and responsibil- ities 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 for a massage technician permit to qualify as a manager and obtain a massage technician. permit. REV: 1-2005 BR-6-4 TUSTIN CITY CODE PERSONAL SERVICES 3623 (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. The following personal information concerning the applicant: (6) (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 color photographs at least two (2) inches by two (2) inches 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 nolo contendere, 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. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. If the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledg- ment 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. COrd. No. 1252, Sec. II, 6-3-02; Ord. No. 1289, Sec. 4, 1-3-05) (7) 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 establish- ment allow or permit such massage. No massage operator or designated manager, while .~ REV: 1-2005 BR-6-5 TUSTIN CITY CODE PERSONAL SERVICES 3624 perform.i.ng 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, ber 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 hislher 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-d.uty manager and each on-duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, orthe 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 oftha 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 public place in the lobby and that each massage technician is wearing or has his/her massage technician permit on hislher persön 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 fom and in the manner required by the Director. The report shall contain the name of the employee and the àate 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. 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 REV: 1-2005 BR-6-6 TUSTIN CITY CODE PERSONAL SERVICES 3624 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 hislher massage technician permit on hislher 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. (Ord. No. 1252, Sec. II, 6-3-02) 3625 APPLICATION REQUIREMENTS FOR MASSAGE TECHNICIAN PERMIT """". -. In addition to the information requested on the application form, first-time applicants and renewal applicants shall provide the following information along with the application form: (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 color photographs at least two (2) inches by two (2) inches in size; (3) (f) The business, occupation, and employment history of the applicant for eight (8) years immediately preceding the date of the application; and, (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 therefore. 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 therefore. REV: 1-2005 BR-6- 7 TUSTIN CITY CODE PERSONAL SERVICES 3625 REV: 1-2005 ( 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) Amhorization for the City, its agents, and employees to seek verification of the information contamed in the application. (7) A statement in writing, and dated, by the applicant that he or she certifies under penalty of peljury 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. (9) Each applicant must furnish the following information: (a) An original or certified copy of a diploma or certificate and certified. transcript of -"'. graduation evidencing completion of one thousand (1,000) hours in a progressive course of instruction from a recognized school of massage, wherein the method, practice, profession, theory, etlûcs, anatomical, and physiological knowledge and practice of a 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, profes- sion, or work of massage, which school or institution complies with the California Education Code, including but not limited to section 94900, 94905, or 94915, 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 ttom a formalized and progressive course of study in massage practice, anatomy, andior physiology is provided with the application. Proof of completion shall include dates of study and the name, address, and telephone 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 one thousand (1,000) hours of on-premises training. (b) Certification that the applicant has taken and obtained a passing score on the test prescribed by the Director in accordance with this Part. (i) The Director shall require one (1) of the following eligible testing procedures to be applied to all applicants for massage technician licenses. In the event the Director is apprised of facts indicating that a testing procedure is BR-6-8 TUSTIN CITY CODE PERSONAL SERVICES 3625 impractical for the City to verify or to administer, then the Director may prescribe that the other eligible testing procedure shall apply to all applicants for massage technician licenses from and after the date of the Director's determination. The eligible testing procedures that may be prescribed by the Director are: (a) That all applicants take and pass the then current NCE as developed, administered, and' verified by NCBTMB, or any other massage test developed, administered, and verified by NCBTMB; or (b) That all applicants take and pass the then current "City Standardized Massage ThchnicianlPractitioner Test" ("City Test"). The City Test shall be a written examination testing the applicant's knowledge of the basic subject matter, skills, and abilities needed to perform safe and therapeutic massage. The City Test shall be developed by the Director, who may rely upon tests developed and administered by other state and local organizations. The City Test shall be administered by the -- Director under conditions adequate to ensure the security anã accu- racy of the testing procedure. Each City Test shall be designated with a separate identification number for tracking purposes. Applicants shall be required to answer seventy (70) percent of the questions on the City Test correctly in order to pass the City Test. The score shall be calculated based on individual test results and shall not be dependent upon the performance of a group of test takers (Le., is not graded on a "Bell Curve"). The City Council may, by resolution, set and charge a fee for taking the City Test. An applicant who fails to pass the City Test shall not be eligible to take the City Test until thirty (30) days after the previous City Test. An applicant who fails to pass upon a second attempt shall not again be eligible until six (6) months thereafter. An additional processing fee may be required to be filed with the DiIector prior to taking each City Test. The City Test will be in English. In the event the applicant does not read and write English sufficient to take and pass the City Test, it shall be the responsibility of the applicant to, at their own expense, make arrangements with a Court-certified interpreter to interpret the ex : mination. Proof of Court certification must be provided to the City prior to the administration of the examination. (ü) If the testing procedure prescribed by the Director is the NCE anminiF:tered by the NCBTMB, then the applicant shall satisfy this subsection by causing the NCBTMB to mail, directly to the City, a certificate indicating the applicant has taken the NCE and that the applicant obtained the score on that NCE required by NCBTMB to pass that NCE. If the testing procedure prescribed by the Director is the City Test, then the applicant shall state the REV: 1-2005 BR-6-9 TUSTIN CITY CODE PERSONAL SERVICES 3625 " date upon which the City Test was taken and the identification number provided on the test, so that the Director can verify the taking and passing of the test. (ill) Permits for massage operators and technicians are renewed on a year to year basis provided that the permittees meet the requirements set out in this Section 3625. (a) Each massage technician whose permit expires between December 6, 2004, and April 4, 2005, must comply with section 3625(9) by April 4, 2005, and his or her massage technician's permit is hereby extended. until April 4, 2005, if necessary. If said massage technician does not éomply with section 3625(9) by April 4, 2005, then his or her massage technician's permit expires, and he or she must satisfy section 3625's requirements for a new permit. (b) Each massage technician whose massage technician permit expires after April 4, 2005, must comply with section 3625(9) to renew his or - -. her massage technician permit. (c) Each first-time or renewal applicant for a massage technician permit who has previously taken and passed the NCE as developed, admin- istered, and verified. by NCBTMB is not required to take and pass the NCE a second time. Each applicant for a massage technician permit who has taken and passed the NCE must comply with Section 3625(9)(b)(ii). (Ord. No. 1252, Sec. IT, 6-3-02; Ord. No. 1289, Sec. 5, 1-3-05) Editor's note-Section 9 of Ord. No. 1289 provided the requirements of amended Section 3625(9) shall apply to any applicant for a massage technician permit who has not been issued a permit as of the time this Ordinance was considered by the Planning Commission. 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. REV: 1-2005 BR-6-10 TUSTIN CITY CODE PERSONAL SERVICES 3626 REV: 1-2005 (4) Adequate equipment for disinfecting and sterilizing instruments llSed 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 llSed 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 anyone 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 aOO locker facilities shall not be required if all patrons remain fully clothed while in the massage establishment, alld 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 (1) toilet and one (1) wash basin shall be provided by the massage establishment, provided, however, that if male alld female patrons are to be served simultaneously at the establishment, separate bathing, separate dressing, and separate toilet facilities shall be provided for male and female patrons. Where steam rooms or sauna baths are provided, if male and female patrons are to be served simultaneollSly, 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 alld 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 118e. (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." BR-6-11 TUSTIN CITY CODE PERSONAL SERVICES 3626 (10) A minimum of one separate wash basin shall be provided in each massage establish- ment 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. (Ord. No. 1252, Sec. II, 6-3-02) 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, 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 oflocation "- 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 oftþe 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 oflaw, to any other person or persons. (Ord. No. 1252, Sec. II, 6-3-02) 3628 EXEMPTION (a) This part does not apply to cosmetologists, barbers, or to persons licensed to practice any healing art pursuant to Business and Professions Code, Division 2, section 500 et seq., or the Chiropractic Act (collectively, "Healing Arts Practitioner"), when performing massage within the scope of his or her license. Such Healing Arts Practitioners shall be required to obtain a massage operator permit if their employees are proposed to engage in massage. REV: 1-2005 BR-6-12 TUSTIN CITY CODE PERSONAL SERVICES 3628 (b) Notwithstanding any other provision of law, this part applies to an employee of any person described in subsection a if the employee is engaged in, or is purported to be engaged in, the business of massage, and is located on the premises of a person described in subsection a. (c) This part does not apply to City permitted massage technicians who perform chair massage on fully clothed persons at public places. (Ord. No. 1252, Sec. IT, 6-3-02; Ord. No. 1289, Sec. 6, 1-3-05) PART 3 FORTUNETELLING FOR PAY 3631 FORTUNETELLING PERMIT REQUIRED No person shall engage in the business of fortunetelling for pay without a valid fortunetell- ing permit issued by the Director. (Ord. No. 1252, Sec. II, 6-3-02) 3632 PREREQUISITES FOR FOR~TELLING PERMIT No person shall be eligible to receive a fortunetelling permit until such person has obtained a valid conditional use permit for a fortunetelling establishment. (Ord. No. 1252, Sec. IT, 6-3-02) -- .~. 3633 EXCEPTIONS The provisions of this Part shall not apply to any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought conveyance, or the giving ofhoroscopic readings at public places and in the presence of and within the hearing of other persons at which no questions are answered as part of such entertainment, except to permit all persons present at such place to hear such answers. The provisions of this Part shall not apply to a person who is conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium healer, or clairvoyant, hereinafter collectively referred to as minister, from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principals that is recognized by all churches of like faith. A copy of the certificate of ordinance shall be filed with the Director prior to the person practicing fortunetelling. (Ord. No. 1252, Sec. II, 6-3-02) 3634 APPLICATION REQUIREMENTS In addition to the information required by the City's application form, the applicant. shall provide: (1) A list of convictionCs) for violations of law, excluding traffic violations, for the five (5) years immediately preceding the date of the application; REV: 1-2005 BR-6-12.1 TUSTIN CITY CODE PERSONAL SERVICES 31334 The applicant's fingerprints on a. form providedb)y Tustin Police Department; Written statements of at least five (5) persons that the applicant is of good moral character; and, (4) All names used by the applicant during the previous five (5) years in conjunction with a mmmetelling for pay business. (Ord. No. 1252, Sec. II, 6-3-02) (2) (3) 3635 OPERATIONAL REGULATIONS Each permittee shall post in plain sight on hiSlher business premises a sign containing the following information: (1) The true name of the fortunetelling practitioner; (2) Each service provided by the fortunetelling practitioner; (3) The fees charged for each se-mca provided by the fortunete1lingpractitioner; (4) The statement "By City law,. ~sbusiness is prohibited from charging or soliciting any fee, payment, or remuneration beyond these established rates"; and, --. (5) The statement "Any client wiBhiIJ,g to do so ma,y make an audio tape or take written notes' during any fortunetelling session or consultation." The sign required by this subsection 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 servic.es of the fortuneteller. The sign lettering shall be of uniform . . size with each letter at least one--half(Y2) incb. in height. If the;fortunetelling service is provided at a location other than the fortuneteller'g . permanent place of business, the fortunetellershall provide the information required by this subsection on eight andone"half (8:112) by eleven (11) inch paper in legible print or type. The paper shall also include the name and permanent address of the person(s) providing the fortunetelling services. "No other information .orprinted matter shall appear on the paper. A true,. correct, and complete copy of such pa,per shall be given to each. èlient prior to providing any fortunetelling services. No person shall charge or collect any. fee, payment, remuneration, or item of value for fortunetelling services. in excess of the fees set forth..on the sign or paper required by this Section. REV: 1-2005 BR-6-12.2 A TT A CHMENT C FLOOR PLAN : l , " j I 1 I , .~ ¡ f' .,- : . f~ I . 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I --.:~ I II I I I I I L_J -f , r 'j ~ 4':t-Hj,:,¡ c~.. : -..--- i ",- "',øv '. . , - Au~r ~. ", ,'." ,..,..,... ... '. ,.' - ,,$2 - ,.'.",,'. ..,- ,..r..., ~ --a . IL Eo r. ;"'r , " ~ < .. oð. oIT? , . .. #r.z,. ,. ,- L ð....-.t, . ' .; e-ø..."': [:j¡EJ ~ I.S...§S ~ ~ .I .. . . l:=:::JI --- , . _.J.. L""G~ "".",.,..a(.s....¡ " ~ \! l' \ '\ \ ~.._.? ~A. ,Go .......~, Eo "~L....L .r.,......",/ /""'P~"V'~."':r'$' 1/:>.,. J..". S1-.< ""::51.//;;: c AL)"", .,..~-- - .... ,~ i.. . 'LI'") ~. ':... J t i: ENDERLE CENTER 17350 East Seventeenth St., Suite N, Tustin, CA 92680 (714) 731-1001 ---'--fr-"-~" -..----..."'." ~..~".."'.. ~"-" ,"-""'1--'~"'~-"" '.~--~>".-. ,,=. """.~...- "'--'----""~t ì ! ~, ~ 1 . I ~ '-',. .' j 1 C \)Rt; ~ f l~ ; t ,'::>, N...A, ~ '7?\' ..."" .þr"r. ¡.':..~: ""'-, . \~..,,)'((!::.~ <:; {..r¿ '-J' Cj:-. 5 fYì.~% A-«!ftL f "-_."..._--~.~ .-- "" ï j , ¡ j i ~ (~f f-f ~ E '::::,'1"" k E "";=t,.-. . A N ...." . - ,--, . ¡ " 0 '._"'of -- ¡ f'..¡ i '\2c;ot't'\ , .--.. .~_.- t- ,. .. . """"""- ~._--.~.".."~"._.. . -_....._--~,,='"- --_..~..__..._..__..._.,.. --""-"'-'-'" '" ", ,. .n'-" " 1 , ....-.;..... ....... r. t ,( \¡':"; '" i /'l ~ I " --- i ...,.¡ \ ;"'-".." -.J } F¡+'-t- CJ, , '-'I ¡ N - SA-1-é¡-~ I' tl .,(,_'--'"N"""'_'=-"'~"--,? ~¡fi' ",< ,.;t P'it ¡",,'""~ ._.....-....."...._.~.... .... -...-.. "'h",_"-"""",, --...., '<-H'. _... .... ....-..".. A TT ACHMENT D ZONING ADMINISTRATOR ACTION NO. 06-003 ZONING ADMINISTRATOR ACTION 06-003 CONDITIONAL USE PERMIT 05-048 17350 SEVENTEENTH STREET, SUITE N The Zoning Administrator of the City of Tustin does hereby resolvé as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Gloria Uta requesting authorization to provide accessory massage services in conjunction with an existing beauty salon within a retail center located at 17350 Seventeenth Street, Suite N. 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 05-048 on March 20, 2006, by the Zoning Administrator. 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 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. 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 provided for the salon. The proposed massage services would be provided by appointment only during the business hours of the beauty salon when the business owner or manager are on-site and beauty salon services are being offered and/or performed. Zoning Administrator Action 06-003 CUP 05-048 Page 2 3. The hours of operation are 9:00 a.m. to 5:00 p.m. Tuesday through Saturday, which is 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 05-048 authorizing massage services in conjunction with a new salon within a retail center located at 17350 Seventeenth Street, Suite N, 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 20th day of March, 2006. 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 06-003 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of March, 2006. 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 06-003 CONDITIONAL USE PERMIT 05-048 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped March 20, 2006, 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 05-048 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 CODE'S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Conditions of Approval Exhibit A CUP 05-048 Page 2 (1 ) 1.6 Conditional Use Permit 05-048 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 05-048, 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 must remain primarily as a beauty salon with massage services offered as an accessory use. Massage services may only be provided in the subject suite by one (1) on-site employee or subcontractor at any given time. Massage services may only occur when the primary beauty salon activities are occurring and when the business owner or manager is on-site. Massage services may be offered by appointment only. The salon and proposed accessory massage business hours are limited to 9:00 a.m. to 5:00 p.m. Tuesday through Saturday. The type of services, business hours, number of rooms, floor plan, or number of employees performing massage services shall not be modified without written approval of the Community Development Department. The customer entrance door shall remain unlocked during business hours. Two (2) exits from the tenant space shall be maintained clear and unobstructed at all times. Rooms where massage services are performed shall not be equipped with any locking devices on the door(s). 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, and/or operator, (1 ) (1 ) (1 ) (1 ) (1 ) Conditions of Approval Exhibit A CUP 05-048 Page 3 and/or responsible managing employee, and/or manager, and/or licensees shall not permit any person in violation of this condition to enter or remain upon the premises. (1 ) 2.7 The owner, and/or operator, and/or responsible managing employee, and/or manager, and/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. 2.11 Pads used on massage tables shall be covered 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 the tenant space for the use of employees or subcontractors of the 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, Conditions of Approval Exhibit A CUP 05-048 Page 4 (1 ) changes of manager or other person principally in charge, stockholders 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 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 The required massage establishment permit may not be sold, transferred, or assigned by a permittee, other than in compliance with provisions specified in Tustin City Code (Ordinance No. 1289). The business shall have a manager on the premises at all times the massage services are performed. 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 the conditions of CUP 05-048. All operators and/or on-duty managers must be able to communicate effectively with City officials. (1) . 2.17 (1 ) (1 ) (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. 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 The business owner, and/or operator, and/or on-duty manager shall be responsible for the conduct of all employees and subcontractors while the employees and subcontractors are on the licensed premises. Any act or omission of any employee or subcontractor constituting a violation of the provisions of Ordinance 1252 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 The business owner, and/or operator, and/or on-duty manager shall not employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to Ordinance 1289. The business owner, and/or operator, and/or manager shall report to the Director any change of employees and/or subcontractors, whether by new (1 ) (1 ) (1 ) (1 ) (1 ) Conditions of Approval Exhibit A CUP 05-048 Page 5 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/or subcontractor 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 or retained as a subcontractor by the operator to the Director within five (5) days of termination of employment. 2.22 All persons employed and/or subcontracted 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 and subcontractors, 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 and subcontractor. The above information on each employee and/or subcontractor shall be maintained in the register on the premises for a period of two (2) years following termination or discontinuation of services. The operator and/or manager on duty shall make the register of employees and subcontractors available immediately for inspection by police upon demand of a representative of the police department at all reasonable times. 2.24 Any massage technician working on-site shall have his/her massage technician permit on his/her person at all times when present in the tenant space. Such identification shall be provided to City officials upon demand. Massage technicians shall not perform any massage at any location in the tenant space other than the location specified on the floor plan approved with this permit. While on duty, the massage technician shall not use any name other than that specified on the permit. 2.25 The massage room 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 05-048 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. / .