HomeMy WebLinkAbout16-41 - Resolutions - Approving Conditional Use Permit, Located 6331 Haven Ave RESOLUTION NO. 16-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT DRC2016-00042, A REQUEST TO OPERATE A MASSAGE
ESTABLISHMENT WITHIN A 2,055 SQUARE FOOT TENANT SPACE IN
THE NEIGHBORHOOD COMMERCIAL (NC) DISTRICT LOCATED AT
6331 HAVEN AVE SUITE 15; AND MAKING FINDINGS IN SUPPORT
THEREOF —APN: 0201-27-206.
A. Recitals.
1. Jianmin Dong, owner of Sunny's Perfection, filed an application for the issuance of
Conditional Use Permit DRC2016-00042, as described in the title of this Resolution. Hereinafter
in this Resolution, the subject Conditional Use Permit request is referred to as "the application."
2. On the 8th day of June 2016, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing on June 8, 2016, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to property within the Neighborhood Commercial (NC)
District located at 6331 Haven Avenue, Suite 15. The subject property is currently developed with
a commercial shopping center that contains adequate onsite parking; and
b. The property to the north is developed with single-family homes and is located
within the Low Residential (L) District, the property to the south is developed with the 210
Freeway, the property to the east is developed with a Condominium Complex and is located within
the Medium High Residential (MH) District, and the property to the west is developed with a multi-
tenant shopping center and is located within the Neighborhood Commercial (NC) District; and
c. The application involves a request to operate a massage establishment within a
2,055 square foot tenant space; and
d. The massage establishment is requesting to be open 7 days a week with hours
of operation from 10:00 a.m. to 9:00 p.m.; and
PLANNING COMMISSION RESOLUTION NO. 16-41
CONDITIONAL USE PERMIT DRC2016-00042 —SUNNY'S PERFECTION
June 8, 2016
Page 2
e. The proposed services will include foot massage and full body massage; and
f. The unit is currently improved with a reception area, 5 enclosed treatment rooms,
1 open foot spa area, restroom, laundry and an employee locker room; and
g. On May 3, 2015 the Planning Department, along with the Building and Safety
Department and Rancho Cucamonga Police Department, conducted an inspection of this facility.
During this inspection, Fire District and Building and Safety staff noted minor changes that needed
to be made, including improper use of extension cords and a missing ADA placard. The applicant
agreed to make any and all changes necessary to address these issues. The conditions of
approval for the project require the correction of all outstanding issues prior to business license
issuance.
h. The Rancho Cucamonga Police Department has reviewed the application and
inspected the site and has no comment at this time.
i. The site was developed to accommodate various commercial retail and services
businesses. Massage establishments are generally compatible with typical commercial retail and
services uses, such as the businesses that exist within this shopping center. That being said, staff
believes that the use is compatible with the area it is located.
j. The Development Code requires all property owners within a 660 foot radius of
the subject property to be notified for all Conditional Use Permit applications. The required
notifications were mailed on May 26, 2016 and the property was posted on May 26, 2016.
Planning Staff has not received any comments regarding this application.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed use is allowed within the applicable zoning district and complies
with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any
applicable Specific Plans or City regulations/standards. The proposed massage establishment is
a permitted use within the Neighborhood Commercial (NC) zoning district subject to approval of
a Conditional Use Permit. The proposed business is in compliance with Development Code
Section 17.102.080 (Special Regulated Uses — Massage Establishments), which requires
massage establishments to operate between the hours of 7:00 a.m. and 10:00 p.m. The subject
massage establishment proposes operating hours from 10:00 a.m. to 9:00 p.m.
b. The site is physically suited for the type, density, and intensity of the proposed
use including access, utilities, and the absence of physical constraints and can be conditioned to
meet all related performance criteria and development standards. The site, a commercial
shopping center, is currently fully developed. The site contains multiple commercial buildings as
well as sufficient onsite parking for the various commercial retail and service uses. The subject
property is located along Haven Avenue, which is fully improved and provides sufficient access
to the site.
c. Granting the permit would not be detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to persons, property, or improvements in the
vicinity in which the project is located. Staff has included a list of reasonable conditions that will
PLANNING COMMISSION RESOLUTION NO. 16-41
CONDITIONAL USE PERMIT DRC2016-00042 —SUNNY'S PERFECTION
June 8, 2016
Page 3
help ensure the proposed massage establishment is operating in an appropriate and legal
manner. This includes a condition that subjects the Conditional Use Permit to modification,
suspension or revocation, where the Planning Commission finds that the owner, operator, or any
person employed or retained by the massage establishment, has violated any provision of the
Rancho Cucamonga Municipal Code, or other applicable law, rule or regulation.
4. The Planning Department Staff has determined that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines
Section 15301 (Existing Facilities) because the project involves the operation of a massage
establishment that is located within an existing building on a site that is currently developed. In
addition, there is no substantial evidence that the project may have a significant effect on the
environment. The Planning Commission has reviewed the Planning Department's determination
of exemption, and based on its own independent judgment, concurs in the staff's determination
of exemption.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby approves the application subject to each and every condition set forth
below and in the Standard Conditions, attached hereto and incorporated herein by this reference.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 2016.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Ravenel Wimberly, Chairman
ATTEST: d
Candy' Burnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 8th day of June 2016, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLETCHER
ABSTAIN: COMMISSIONERS: NONE
Conditions of Approval
L
RANCHO Community Development Department
CUCAMONGA
Project#: DRC2016-00042
Project Name: Sunny's Perfection
Location: 6331 HAVEN AVE 15 -020127206-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. The applicant shall agree to defend at his sole expense any action brought against the City, its
agents, officers, or employees, because of the issuance of such approval, or in the alternative, to
relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees,
for any Court costs and attorney's fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole discretion, participate
at its own expense in the defense of any such action but such participation shall not relieve the
applicant of his obligations under this condition.
2. Conditional Use Permit approval shall expire if building permits are not issued or approved use has
not commenced within 5 years from the date of approval or the use is discontinued for more than
180 days. No extensions are allowed. Should this use be discontinued for more than 180 days, the
approving authority may revoke this permit at a public hearing. If this business is closed for more
than one calendar year this entitlement shall expire as outlined in Section 17.14.090 D. of the
Rancho Cucamonga Development Code.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the
Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing.
5. No massage establishment located in a building or structure with exterior windows fronting a public
street, highway, walkway or parking area shall block visibility into the interior reception and waiting
area through the use of curtains, closed blinds, tints or any other material that unreasonably
obstructs, obscures, blurs, or darkens the view into the premises.
6. The business shall remain in compliance with all State, County, and Local regulations, including the
conditions of the Conditional Use Permit at all times. If the operation of the facility does not remain
in compliance with the conditions of approval, the Conditional Use Permit may be reviewed by the
Planning Commission for possible modification of the conditions of approval, suspension or the
revocation of the Conditional Use Permit.
7. Approval of this request shall not waive compliance with any sections of the Development Code,
State Fire Marshal's regulations, Uniform building Code, or any other City Ordinances.
8. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m., Monday through Sunday.
www.CityofRC.us
Printed:6/1/2016
Project#: DRC2016-00042
Project Name: Sunny's Perfection
Location: 6331 HAVEN AVE 15 - 020127206-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
9. Any modification or intensification of the use beyond what is specifically approved by this
Conditional Use Permit, shall require review and approval by the approving authority.
10. Any modifications to the floor plan shall require review by the Planning Director and may require
review by the approving authority.
11. Each person employed or acting as a massage technician or certified massage therapist shall have
a valid certification issued by the California Massage Therapy Council (CAMTC) and shall be
displayed in a conspicuous area open to the public at all times. It is unlawful for any owner,
manager, operator, responsible managing employee, or permittee in charge of or in control of a
massage establishment to employ or permit a person to act as a massage technician who is not in
possession of a valid, unrevoked CAMTC certificate.
12. The possession of a valid conditional use permit does not authorize the possessor to perform work
for which a CAMTC certificate is required.
13. A copy of the CAMTC certificate of each and every massage technician employed in the
establishment shall be displayed in an open and conspicuous place on the premises.
14. The massage establishment shall keep a written record of the date and hour of each treatment, the
name and address of each patron, the name of the CAMTC licensed technician administering the
treatment, and the type of treatment administered. Such written record shall be maintained on forms
approved by the director. Such records shall be open to inspection only by officials charged with
enforcement of this permit, shall be available during all business hours of the establishment, and
shall be used for no other purpose. Any unauthorized disclosure or use of such information by any
officer or employee of the City or the County of San Bernardino, or the owner or employee of the
massage establishment, shall constitute a misdemeanor and such persons shall be subject to the
penalty of the provisions of this chapter in addition to any other penalties provided by law. Such
records shall be maintained on the premises of the massage establishment for a period of 2 years.
15. No massage establishment shall operate as a school of massage, or use the same facilities as that
of a school of massage.
16. No massage establishment shall be open for business without at least one CAMTC certified
massage technician on the premises at all times who is in possession of a current, valid permit or
massage certificate.
17. All clients and visitors shall be required to enter and exit through the main entry door. Except when
there is no staff available to assure security for massage therapy clients and staff who are behind
closed doors, no massage therapy may be carried on behind locked, closed doors.
18. The massage establishment shall have a manager on the premises at all times the massage
establishment is open for business. The operator of each massage establishment shall file a
statement with the Planning Director designating the person or persons who shall act as manager.
The operator, or manager in the operator's absence shall be responsible for ensuring compliance
with this permit.
19. All signs shall be in conformance with the current Ordinances of the City.
www.CityofRC.us
Printed:6/1/2016 Page 2 of 5
Project#: DRC2016-00042
Project Name: Sunny's Perfection
Location: 6331 HAVEN AVE 15 - 020127206-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
20. Minimum lighting shall be provided in accordance with Section 1205 of the Uniform Building Code or
successor provision or provisions. In addition, at least one artificial light of not less than 40 watts
shall be provided in each room or enclosure where massage services are performed on patrons.
21. Beds, floor mattresses and waterbeds are not permitted on the premises of the massage
establishment, and no establishment shall be used for residential or sleeping purposes.
22. Water tables or shower tables are not permitted on the premises of the massage establishment.
23. No alcoholic beverages shall be sold, served or furnished to any client; nor shall any alcoholic
beverages be permitted, kept or possessed on the premises of a massage establishment.
24. The massage establishment owner shall be responsible for the conduct of all massage
establishment operators, employees, agents, independent contractors, or other representatives,
while such persons are on the premises of the massage establishment or providing outcall massage
services on behalf of the massage establishment.
25. All payments for massage therapy services, including gratuities or tips, shall be made only in the
designated reception and waiting area and not in the massage therapy room. Any gratuities or tips
that are solicited from the client in violation of this provision shall be presumed to be for the purpose
of committing a sexually related act and may be grounds for the suspension or revocation of the
conditional use permit.
www.CityofRC.us
Printed:6/1/2016 Page 3 of 5
Project#: DRC2016-00042
Project Name: Sunny's Perfection
Location: 6331 HAVEN AVE 15 -020127206-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
26. The massage establishment owner shall be deemed to know and understand the conditions of
approval for this conditional use permit. This conditional use permit is subject to modification,
suspension or revocation, where the Planning Commission finds that any of the following have
occurred on even a single occasion:
A. The owner, operator, or any person employed or retained by the massage establishment, has
violated any provision of the Rancho Cucamonga Municipal Code, or other applicable law, rule or
regulation.
B. The owner, operator, or any person employed or retained by the massage establishment, has
engaged in fraud or has knowingly made a misstatement of material fact either as part of the
application or while working in or for the massage establishment.
C. The owner, operator, or any person employed or retained to provide services by the massage
establishment, has been the subject of a permanent injunction against the conducting or
maintaining of a nuisance pursuant to this code, or sections 11225 through 11235 of the California
Penal Code, or any similar law in any state or other jurisdiction.
D. The owner, operator, or any person employed or retained to provide services by the massage
establishment, has been convicted in a court of competent jurisdiction of any offense that relates
directly to the conduct or operation of a massage establishment, or has at any time been convicted
in a court of competent jurisdiction of any offense the commission of which occurred on the
premises of a massage establishment or while performing out-call massage services.
E. The owner, operator, or any person employed or retained by the massage establishment, has
been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct
constituting a violation of any of the following offenses: Sections 266, 266a, 266e, 266f, 266g, 266h,
266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt
to commit any such offense, or any similar offense in any state or other jurisdiction, whether or not
any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not
such acts occurred with or without the actual knowledge of the owner.
F. The owner, operator, or any person employed or retained by the massage establishment, is
currently required to register pursuant to the Sex Offender Registration Act (Chapter 5.5
commencing with section 290 of Title 9 of Part 1 of the California Penal Code), or any similar law in
any state or other jurisdiction.
G. The owner has continued to operate the massage establishment after the Conditional Use
Permit has been suspended.
H. Massage therapy has been performed for compensation by a person who is not a CAMTC
certified massage professional, with or without the actual knowledge of the owner.
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Printed:6/1/2016 Page 4 of 5
Project#: DRC2016-00042
Project Name: Sunny's Perfection
Location: 6331 HAVEN AVE 15 - 020127206-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
I. The owner, operator or any person employed or retained by the massage establishment, has
engaged in conduct or committed acts that a reasonable person in the client's position would
understand as an offer to perform on or engage in with a client acts that are sexual in nature or that
involve the touching of the client's genitals, pubic area, anus, or areola.
J. Any other unprofessional conduct or violation of any applicable law, rule or regulation that is
substantially related to the providing of massage therapy.
K. Any violation of the conditions of approval for the Conditional Use Permit.
27. The massage establishment shall allow appropriate City officials access to the premises in order to
determine continued compliance with the approved conditional use permit, pursuant to Section
17.08.040 B of the Development Code.
28. Massage establishment shall at all times be equipped with an adequate supply of clean, sanitary
towels, coverings and linens. Clean towels, coverings and linens shall be stored in enclosed
cabinets. Towels and linens shall not be used on more than one patron, unless such towel or linen
has first been laundered and disinfected. Disposable towels and coverings shall not be used on
more than one patron. Soiled linens and towels shall be deposited in separate health department
approved receptacles.
29. All employees, including massage technicians and certified massage therapist, shall be clean, and
wear clean, non-transparent outer garments. Such garments shall not expose their genitals, pubic
area, buttocks or chest.
www.CityofRC.us
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