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HomeMy WebLinkAboutCUP 07-002Inter-Com ~,~ DATE: OCTOBER 8, 2007 '~~ ~~~~ TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 07-002 PROPERTY OWNER: AMANA CORPORATION 8383 WILSHIRE BLVD. #532 BEVERLY HILLS, CA 90211 APPLICANT: DAVID MILLIGAN SOUL AT HOME TUSTIN, LLC 17612 SEVENTEENTH ST. TUSTIN, CA 92780 LOCATION: GENERAL PLAN: ZONING: ENVIRONMENTAL STATUS: REQUEST: RECOMMENDATION 17612 SEVENTEENTH STREET, SUITE 101 (OAK TREE PLAZA) PLANNED COMMUNITY COMMERCIAUBUSINESS PLANNED COMMUNITY COMMERCIAL (PC-C) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO PROVIDE MASSAGE AND ASSEMBLY SERVICES IN CONJUNCTION WITH AN EXISTING WELLNESS CENTER. That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 07-003 approving Conditional Use Permit 07-002. BACKGROUND The applicant is requesting approval to provide massage and assembly services in conjunction with an existing retail wellness center located at 17612 17t" St., Suite 101 (Attachment A -Location Map). The project is located in a retail commercial center on Zoning Administrator Report CUP 07-002 Page 2 Seventeenth Street known as Oak Tree Plaza. The site's zoning district is Planned Community Commercial (PC-C), which allows fora variety of retail, office, and restaurant uses. Planning Commission Resolution No. 2710 approved permitted uses and development standards for the development. Condition 1.4c states that uses that require approval of a Conditional Use Permit in the C-1 zoning district also require approval of a Conditional Use Permit at this project site (Oak Tree Plaza). Section 9232b(h) of the Tustin City Code requires approval of a Conditional Use Permit for massage establishments in the C-1 (Central Commercial) zoning district. Therefore, a Conditional Use Permit is required for massage establishments at this location. 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 project/site. The project meets all criteria to merit Zoning Administrator review of Conditional Use Permit 07-002. In addition, TCC Sections 3621-3628 require 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 Surrounding Properties The existing 6,400 square foot tenant suite is located in a retail center known as Oak Tree Plaza on the south side of Seventeenth Street, west of Prospect Avenue and east of Enderle Center Drive. Surrounding land uses include a variety of commercial (retail, office, restaurant) uses to the east, west, and south of the project site, as well as to the north across Seventeenth Street. DISCUSSION Project Description The applicant is proposing to add massage and assembly services to the existing Soul at Home business. The existing business currently operates as a wellness center, consisting of a retail portion selling merchandise such as gifts, books, yoga and meditation accessories, decorative home accessories, bath and personal spa products, furniture, and other items for the home and personal growth. Assembly uses will consist of gatherings such as seminars, lectures, concerts, art shows, and film screenings. Classes would include programming such as movement (i.e. yoga, tai chi, Pilates). Spa rooms would provide therapeutic massage, holistic chiropractic, biofeedback, energy work (i.e. reiki), nutritional counseling, and youth counseling. The applicant has indicated that not all of the uses will operate concurrently. Zoning Administrator Report CUP 07-002 Page 3 The floor plan shows a large, open retail center; one (1) large studio for movement classes, concerts, films, and lectures; one (1) smaller studio for movement classes, seminars, and art showings; and three (3) private rooms at the back of the suite where massage, energy work, chiropractic, biofeedback, and nutritional services will be provided (Attachment B -Floor Plan). Tenant improvements were completed last year, including constructing private rooms in anticipation of providing massage services after approval of a conditional use permit. No further tenant improvements are proposed at this time. As required by TCC Sections 3621 et seq., the massage rooms shall have non-locking doors and five (5) footcandle minimum lighting. Massage services shall occur only during regular business hours and when the business manager is on-site. The proposed business hours are as follows: Rucinpcc Hn~~rc Sunday Monday Tuesday Wednesday Thursday Friday Saturday 12:00 PM - 5:00 PM 10:00 AM - 7:00 PM 10:00 AM - 7:00 PM 10:00 AM - 7:00 PM 10:00 AM - 7:00 PM 10:00 AM - 8:00 PM 10:00 AM - 5:00 PM Parking and Traffic Parking for the business is shared with several other retail 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 retail store, which is typical in a commercial center, the retail parking standard at a ratio of one (1) parking space for each 200 square feet is applicable to the proposed use. Since the tenant suite is a total of 6400 square feet and was developed as a retail use, 32 parking spaces have been allotted for this suite. The assembly uses must meet the parking ratio of 1 space/3 seats and the instructional uses must meet the ratio of 1 space/instructor and 1 space/2 students. Based upon these parking ratios and assuming the retail portion of the store is open during all business hours, the assembly- type uses will be limited to a maximum of 57 persons for assembly, or 2 instructors and 34 students for classes, or a combination thereof based on the parking ratios outlined below. Use Parking Ratio Square footage or ersons Spaces Re uired Spaces Provided Retail 1 /200 2600 13 AND Assembl 1 /3 57 19 OR Classes: Instructors Students 1/1 1 /2 2 34 2 17 Total 32 32 Zoning Administrator Report CUP 07-002 Page 4 Proposed Condition 2.2 of ZAA 07-003 will limit the maximum occupants based on the above listed parking calculations. The City Public Works/Engineering Department has reviewed the project and found that the trip potential for the proposed massage services should already be accounted for in the general trip generation for the existing wellness/spa type use, and change in trip generation is expected to be nominal. Since no significant increase in trip generation is anticipated, the adjacent street system would not be impacted by the proposed project. Licensing Requirements If this conditional use permit is approved, the applicant will be required to obtain a Massage Operator Permit and each massage technician will be required to obtain a Massage Technician Permit in accordance with 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 Tustin Police Department has reviewed the proposed project, conducted a site visit, and has no concerns at this time. 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: Appropriate conditions are included to ensure compliance with the regulations for massage establishments and technicians as set forth in TCC Sections 3621 et seq. and representations by the applicant and ensure compatibility with the surrounding commercial and residential uses. 2. The proposed massage and assembly services are ancillary to the existing retail use and, as conditioned, can be accommodated by the existing number of parking spaces required for the retail business. No significant increase in trip generation is anticipated as a result of the added services, as determined by the trip generation review. 3. The hours of operation are consistent with the hours of operation for other commercial uses in the area. Zoning Administrator Report CUP 07-002 Page 5 %t'~P ,~ ~.~C~ Reina Kapadia Assistant Planner Attachments: A. Location Map B. Site Plan & Floor Plan C. Zoning Administrator Action 07-003 S:\Cdd~ZAREPORT12007\CUP 07-002 (Massage).doc Attachment A Location Map ~4. f~ e- f LOCATION MAP PROJECT NO.: CUP 07-002 ADDRESS: 17612 17T" ST. 4 v~`- ~ yW. f, /` r ~~~~ ~~ ~ ~~ ~i .~ C~ /~ ~ t ~ ~ '°"'t v ~ ~. ~~ ti~j ,,~~~~ fL /; ~ ~. ~ti •. e -~ ~` v~ ~~-~ 4s }~~ . ~ I ~ \ . ~ ~Y. \ ~i - ~~'. A V~.7~ii~L _ LEGEND CAN _.._.._ ~.wam ~~s ~° MAP ---~~..,~,y~.,,c~ ,. ` ~ ..w .. ~,~ Attachment B Site Plan & Floor Plan ~, _. -~ fr r. ~. ~_ :. ~ ,; ~ .nY S3 - s ~ #` o.ocmc w~r~ ~ z' ~~ ~ v~ . r ,. ,f ,~ _ ONE -§iORY 1771QtEiF Al ~ _p .i`a'u~Z+ G i~~i 'ilJ!/% /., ;~ti%'jii: ~'.r',. ~i f.. ,q4,;'r~ ./ .I' .i/ lT,_. S ,~t~,, v.. . a ~ - .3~.'~ .~. .~ - ~~ ~ .' 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A proper application was filed by David Milligan requesting authorization to provide massage and assembly services in conjunction with an existing wellness center business within a retail center known as Oak Tree Plaza, located at 17612 Seventeenth Street, Suite 101. B. The site is designated as Planned Community Commercial/Business by the City General Plan and is zoned Planned Community Commercial (PC-C), which provides for a mixture of retail, 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. 2494 approving Conditional Use Permit 88-8 allowing the development of a commercial center at the subject location. D. Planning Commission Resolution No. 2710 authorizes any uses that are conditionally permitted in the C-1 zoning district to also be conditionally permitted uses for this project site. E. That a public hearing -was duly called, noticed, and held for Conditional Use Permit 07-002 on October 8, 2007, 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 (TCC) Sections 3621 et seq. and representations by the applicant ensure Zoning Administrator Action 07-003 CUP 07-002 Page 2 compatibility with surrounding commercial and residential uses. 2. The proposed massage and assembly services are ancillary to the existing retail use and, as conditioned, can be accommodated by the existing number of parking spaces required for the retail business. No significant increase in trip generation is anticipated as a result of the added services, as determined by the trip generation review. 3. The proposed hours of operation are consistent with the hours of operation for other commercial uses in the area. 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 07-002 authorizing massage and assembly services in conjunction with an existing wellness center within a retail center located at 17612 17th St., Suite 101, 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 8th day of October, 2007. 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 07-003 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 8th day of October, 2007. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A -CONDITIONS OF APPROVAL ZONING ADMINISTRATOR ACTION 07-003 CONDITIONAL USE PERMIT 07-002 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 8, 2007, 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 07-002 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.4 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.5 Conditional Use Permit 07-002 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 07-002, 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 (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Conditions of Approval Exhibit A CUP 07-002 Page 2 USE RESTRICTIONS (***) 2.1 The facility must remain primarily as a retail center with massage and assembly services offered as ancillary uses. Massage services may only occur when the primary business activities are occurring and when the business owner or manager is on-site. Massage services may be offered by appointment only. 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. (***) 2.2 The maximum number of persons gathered within the non-retail portion of the facility for classes and/or assembly at any given time shall be as follows: • 2 instructors AND 34 students; OR • 57 persons for assembly; OR • A combination thereof using the ratios of 1 space/instructor and 1 space/2 students for classes, and 1 space/3 seats for assembly. Any request to modify the maximum number of persons permitted for classes or assembly shall require the applicant to provide property owner permission, a parking summary of the site showing the availability of additional parking spaces, and shall be subject to the review and approval of the Director of Community Development. (1) 2.3 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. (***) 2.4 Conditional Use Permit 07-002 shall become null and void if the use is discontinued of abandoned for a period of twelve (12) months. (1) 2.5 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) 2.6 The applicant shall submit for review and approval all applications and materials fora "Massage Operator Permit" prior to providing massage Conditions of Approval Exhibit A CUP 07-002 Page 3 services. The permit shall be displayed on the premises in a visible location at all times. (1) 2.7 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) 2.8 No sexually oriented business shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (**~) 2.9 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) 2.10 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) 2.11 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) 2.12 Minimum ventilation shall be provided in massage rooms in accordance with the latest adopted requirements of the Uniform Building Code (UBC). (1) 2.13 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) 2.14 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) 2.15 Adequate dressing, locker, and toilet facilities shall be provided for patrons. Conditions of Approval Exhibit A CUP 07-002 Page 4 (1) 2.16 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) 2.17 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) 2.18 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 regulations of the City and a conditional use permit has been approved for the new location. (1) .2.19 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) 2.20 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 07-002. All operators and/or on-duty managers must be able to communicate effectively with City officials. (1) 2.21 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) 2.22 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 Conditions of Approval Exhibit A CUP 07-002 Page 5 omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, denied, or renewed. (1) 2.23 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) 2.24 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. (1) 2.25 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) 2.26 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) 2.27 The massage room shall be wheelchair accessible for the disabled. Conditions of Approval Exhibit A CUP 07-002 Page 6 FEES (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 fifty dollars ($50.00) 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.