HomeMy WebLinkAboutCUP 06-013
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.. TE: SEPTEMBER 25, 2006
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 06-013
PROPERTY BORCHARD REDHILL, LLC
OWNER: clo BREEZY MEADOWS, LLC
13369 VENTURA BLVD.
SHERMAN OAKS, CA 91423-3912
APPLICANT: PRO VIVID SPA & WELLNESS CENTER
ATTN: KIM HUYNH
1631 EDINGER AVE., SUITE 105
TUSTIN, CA 92780
LOCATION: 1631 EDINGER AVE., SUITE 105
GENERAL PLAN: INDUSTRIAL
ZONING: INDUSTRIAL (M)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO THE PROVISIONS OF SECTION 15301 OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
REQUEST: PROVIDE MASSAGE SERVICES IN CONJUNCTION WITH
AN EXISTING BEAUTY SALON AND SPA.
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action No. 06-006 approving
Conditional Use Permit 06-013.
BACKGROUND
On May 12, 2003, the Planning Commission adopted Resolution No. 3872 approving
Conditional Use Permit (CUP) 02-026 that authorized the construction of a commercial
center at the corner of Redhill Avenue and Edinger Avenue. Commercial uses are
allowed in Industrial (M) zones provided there is an approved CUP for the commercial
Zoning Administrator Report
CUP 06-013
Page 2
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use. The applicant is requesting approval to provide massage services in conjunction
with an existing beauty salon and spa located at 1631 Edinger Avenue, Suite 105
(Attachment A - Location Map & Site Plan).
Planning Commission Resolution No. 1815 authorizes massage establishments in any
commercial district subject to a conditional use permit. Pursuant to Tustin' City Code
(TCC) 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 projecVsite. The project meets all criteria to merit Zoning
Administrator review of Conditional Use Permit 06-013.
In addition, City Council 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 TCC
Sections 3621 - 3628.
Site and Surroundina Properties
The existing 2,456 square foot beauty salon is located on the ground floor in a commercial
retail center currently known as Gateway Village at the northeast corner of Red Hill
Avenue and Edinger Avenue. There are industrial land uses south of the property. The
northern property boundary abuts a railroad right-of-way and there are residential areas to
the northeast, beyond the railroad right-of-way. To the west of the property there are
industrial and commercial land uses.
DISCUSSION
Proiect Description
The applicant is proposing to add massage services to the existing Pro Vivid Spa and
Wellness Center beauty salon. The existing beauty salon is divided into multiple rooms
including a lobby/reception area, open area hair styling and manicure stations, two.
restrooms with showers, and a kitchen/break room. The floor plan shows about half of the
space is used for hair and manicure services and the other half consists of waxing, facial,
and the proposed massage rooms. According to the floor plan, massage services would
be designated to two rooms towards the front of the unit (Attachment B - Floor Plan). No
tenant improvements are proposed in association with this application.
As required by TCC Sections 3621 et seq., the massage rooms shall have non-locking
doors and five (5) footcandle minimum lighting. Massage services will be provided one
person at a time in the proposed massage rooms. Massage services will be offered by
appointment only.
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Zoning Administrator Report .
CUP 06-013
Page 3
Massage services would occur only when the primary beauty salon activities are occurring
and when the business manager is on-site. The salon and proposed massage business
hours are as follows.
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
10:00 AM- 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM -
5:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 6:00 PM
Business Hours
Parkina
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, since the proposed use is in
conjunction with a beauty salon, which is typical in a commercial center, retail parking
standards at a ratio of one (1) parking space for each 200 square feet is applicable to
the proposed use. The additional massage component of the business will replace
some of the beauty salon activities; therefore, no new parking demand is anticipated.
Licensina Reauirements
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 TCC Sections 3621 et seq. prior to the
commencement of the massage use. As required by TCC Sections 3621 et seq., the
applicant and all technicians will be required to fulfill a number of requirements related to
providing identification and qualifications for providing massage services.
The applicant has submitted applications for a massage operator permit and has proposed
to employ two massage technicians. The operator application is being reviewed pending
the approval of the subject CUP.
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.
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 TCC Sections 3621 et
Zoning Administrator Report
CUP 06-013
Page 4
seq. and representations by the applicant and ensure compatibility with the
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 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.
3. . The hours of operation are as follows, which is consistent with the hours of
operation for other commercial uses in the area.
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
10:00 AM- 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM -
5:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 6:00 PM
Business Hours
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Edme yn Villanueva
Assistant Planner
Attachments:
A. Location Map & Site Plan
B. Floor Plan
C. ZA Action 06-006
S:\Cdd\ZAREPORT\2006\CUP 06-013 (Massage).doc
ATTACHMENT A
Location Map and Site Plan
CZOunping Administrator Report
06-013
Page 6
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CUP 06-013
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Zoning Administrator Report
CUP 06-013
Page 9
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ATTACHMENT C
Zoning Administrator Action 06-006
ZONING ADMINISTRATOR ACTION 06-006
CONDITIONAL USE PERMIT 06-013
1631 EDINGER AVENUE, SUITE 105
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 Kim Huynh requesting
authorization to provide massage services in conjunction with an
existing beauty salon within a retail center known as Gateway
Village, located at 1631 Edinger Avenue, Suite 105.
B. The site is designated as Industrial by the City General Plan and is
zoned Industrial (M), which provides for a mixture of industrial, office
and commercial land uses. The project is consistent with the Air
Quality Sub-element of the City of Tustin General Plan.
C. The site is improved with commercial uses, which is authorized by
Planning Commission Resolution No. 3872 approving Conditional
Use Permit 02-026 allowing the development of a commercial center
at the subject location.
D. Planning Commission Resolution No. 1815 authorizes massage
establishments in commercial districts with the approval of a
Conditional Use Permit.
E. That a public hearing was duly called, noticed, and held for
Conditional Use Permit 06-013 on September 25, 2006, by the
Zoning Administrator.
F. That the establishment, maintenance, and operation of the proposed
use will not, under the circumstances of this case, be detrimental to
the health, safety, morals, comfort, or general welfare of the persons
residing or working in the neighborhood of such proposed use, nor be
injurious or detrimental to the property and improvements in the
neighborhood of the subject property, or to the general welfare of the
City of Tustin in that:
1. Appropriate conditions are included to ensure compliance
with the regulations for massage establishments and
technicians as set forth in Tustin City Code (TeG) Sections
3621 et seq. and representations by the applicant ensure
compatibility with surrounding commercial and residential
uses.
Zoning Administrator Action 06-006
CUP 06-013
Page 2
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.
3. The hours of operation are as follows and consistent with the
hours of operation for other commercial uses in the area.
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
10:00 AM- 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM -
5:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 6:00 PM
Business Hours
G. 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 06-013
authorizing massage services in conjunction with an existing salon within a
retail center located at 1631 Edinger Avenue, Suite 105, 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 25th day of September, 2006.
DANA OGDON
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 06-006 was duly passed and adopted at a regular meeting of the Tustin
Zoning Administrator, held on the 25th day of September, 2006.
ELOISE HARRIS
RECORDING SECRETARY
EXHIBIT A - ZONING ADMINISTRATOR ACTION 06-006
CONDITIONAL USE PERMIT 06-013
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped September 25, 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.
(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 06-013 is contingent upon the applicant
and property owner signing and retuming 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 Conditional Use Permit 06-013 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 06-013, 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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODElS
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
... EXCEPTION
Conditions of Approval
Exhibit A
CUP 06-013
Page 2
USE RESTRICTIONS
(*) 2.1 The facility must remain primarily as a beauty salon and spa with massage
services offered as an ancillary use. 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 the following:
Business Hours
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
10:00 AM- 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM - 9:00 AM -
5:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 7:00 PM 6:00 PM
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.
(1) 2.2 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. The room where massage services are performed
shall not be equipped with any locking devices on the door(s).
(1) 2.3 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.
(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, and/or operator,
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
Conditions of Approval
Exhibit A
CUP 06-013
Page 3
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 (UBe).
(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 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
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 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.
(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
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
Conditions of Approval
Exhibit A
CUP 06-013
Page 4
regulations of the City and a conditional use permit has been approved for
the new location.
(1) 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 Sections 3621 et seq.
(1) 2.17 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
06-013. All operators and/or on-duty managers must be able to
communicate effectively with City officials.
(1) 2.18 No licensed establishment shall be open for the business of massage
without having at least one (1) massage technician, with a current valid
permit of the specific establishment on the premises, on duty at all times
when said establishment is open.
(1) 2.19 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 Tustin City Code 3621 et seq. 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 Tustin City Code 3621 et
seq. The business owner, and/or operator, and/or manager shall report to
the Director any change of employees and/or subcontractors, 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/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.
(1) 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.
Conditions of Approval
Exhibit A
CUP 06-013
Page 5
(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 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.
(1) 2.24 Any massage technician working on-site shall have his/her massage
technician permit on him/her 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.
(1) 2.25 The massage room 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.
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
Califomia Environmental Quality Act could be significantly lengthened.