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HomeMy WebLinkAbout16-15 - Resolutions - Denying Conditional Use Permit, Located9090 Millken Ave RESOLUTION NO.16-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT DRC2015-00848, A REQUEST TO OPERATE A MASSAGE ESTABLISHMENT WITHIN A 1,395 SQUARE FOOT TENANT SPACE LOCATED WITHIN PLANNING AREA 10 OF THE RANCHO CUCAMONGA INDUSTRIAL AREA SPECIFIC PLAN AT THE NORTHWEST CORNER OF MILLIKEN AVENUE AND 7TH STREET AT 9090 MILLIKEN AVENUE, SUITE 130; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0209-272-28. A. Recitals. 1. The owners of Royal Spa, Yuee He, Jackie Kung, Guizhen Lu and Xingkun Du, filed an application for the issuance of Conditional Use Permit DRC2015-00848, 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 November 10, 2015, the Planning Commission conducted a duly noticed public hearing on the application and continued the hearing to the December 9, 2015 meeting. 3. On December 10, 2015, the Planning Commission held the continued hearing on the application and continued the application to an unspecified future date. 4. The continued hearing on the application was re-noticed for March 9, 2016, on which date the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date. 5. 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 March 9, 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 Planning Area 10 of the Rancho Cucamonga Industrial Area Specific Plan located at the northwest corner of Milliken Avenue and 7th Street within a 1.71 acre multitenant commercial center at 9090 Milliken Avenue, Suite 130. The subject property is currently developed with two commercial buildings and contains adequate parking. b. The properties to the north and west of the subject site are developed with offices and parking lot areas and are within Planning Area 10 of the Rancho Cucamonga Industrial Area Specific Plan. The property to the south contains the AMLI at Empire Lakes apartment complex and is located within the Planning Area 9 of the Rancho Cucamonga Industrial Area PLANNING COMMISSION RESOLUTION NO. 16-15 CONDITIONAL USE PERMIT DRC2015-00848— ROYAL SPA March 9, 2016 Page 2 Specific Plan. The properties to the east, across Milliken Avenue, are developed with industrial buildings and are located within the General Industrial District. c. Chapter 17.16 of the Development Code authorizes the Planning Director to administratively review and decide all Conditional Use Permits, after a public notification period. The Planning Director, pursuant to Section 17.14.060.0 of the Development Code, may at any point in the application review process, transfer decision making authority to the Planning Commission at her discretion because of policy implications, unique or unusual circumstances or the magnitude of the project. At this time the Planning Director is referring Conditional Use Permit applications for massage establishments to the Planning Commission for review and action. d. The business history for Royal Spa at this location includes the following events: On May 28, 2012, the original owner of Royal Spa —Xiu Qin Xu — obtained a City business license and began operating at 9090 Milliken Avenue, Suite 130. This occurred while SB 731 was still in effect and therefore did not require approval of a Conditional Use Permit. II. On June 11, 2012, Royal Spa applied to modify its business license to reflect a change in ownership from Xiu Qin Xu to Xingkun Du. This also occurred while SB 731 was in effect and therefore did not require approval of a Conditional Use Permit. The City approved the business license modification. III. On June 4, 2015, the City discovered unpermitted construction on the business's premises during a routine inspection. The extent of the unpermitted construction was sufficient to pose a threat to the safety of the building occupants. Electrical service to the unit was therefore shut off upon the City's order. IV. On June 29, 2015, the business submitted tenant improvement plans for interior construction to the Building and Safety Department. On August 3, 2015, the Building and Safety Department inspected and approved the interior construction. On August 10, 2015, the Fire District inspected and approved the tenant improvements. V. On August 12, 2015, Xingkun Du applied for another business license modification for Royal Spa to reflect another change in ownership. The new proposed owners were Yuee He, Jackie Kung, Guizhen Lu, and Xingkun Du. This request was submitted following the approval of AB 1147 and adoption of the City's interim ordinance, which requires approval of a Conditional Use Permit. The business license request is on hold pending review of this application. VI. On August 31, 2015, a Conditional Use Permit application was submitted to the Planning Department. On October 20, 2015, the Conditional Use Permit application was deemed complete. e. This application, submitted by Yuee He, Jackie Kung, Guizhen Lu and Xingkun Du, is a proposal to operate a massage establishment within a 1,395 square foot suite. Xingkun Du is the previous owner of the business. Yuee He has been a State licensed massage technician employed by Royal Spa under the ownership of Xingkun Du. According to the California Massage Therapy Council (CMTC), Yuee He and Xingkun Du are the only applicants that are State licensed. Guizhen Lu was denied a State license on April 10, 2014 due to the fact PLANNING COMMISSION RESOLUTION NO. 16-15 CONDITIONAL USE PERMIT DRC2015-00848— ROYAL SPA March 9, 2016 Page 3 that she attended a massage school that was not approved by CMTC. Jackie Kung is not a licensed massage therapist by CMTC. f. The business proposes to exclusively offer massage services, including full body massage, reflexology, deep tissue and acupressure massage. The floor plan includes 6 massage rooms, a break room, a restroom, a utility room and a customer waiting room. There will be a minimum of 2 massage technicians and a receptionist onsite at all times. g. The applicants initially proposed to be open 7 days a week, from 8:00 a.m. to 11:00 p.m. However, an updated application was submitted to the Planning Department on October 20, 2015, that included the property owner signature. Under the project description section of the updated application, the proposed hours of operation were revised to be open 7 days a week, from 8:00 a.m. to 10:00 p.m. h. The Fire District conducted a routine annual inspection of Royal Spa on June 4, 2015. During this inspection, major building construction issues and minor fire code violations were observed. The business owner was notified of the issues and was required to obtain the necessary permits and approvals from the City. Between July 29th and August 10th of 2015, the business owner submitted the plans and obtained the required approvals from the Building and Safety Department and Fire District through the final inspection process. A follow- up inspection occurred on September 21, 2015 and was conducted by the Building and Safety Department, Fire District, Planning Department and Rancho Cucamonga Police Department. The inspection was necessary to confirm whether or not any unpermitted improvements were made following the August 3, 2015, Building and Safety Department and August 10, 2015 Fire District inspections. Staff was able to confirm that all improvements within the unit were permitted. The Rancho Cucamonga Police Department reviewed all information submitted with this application and determined that Yuee He was convicted in 2008 for violation of penal code section 647 (b), prostitution, and sentenced to two years of probation. Also, according to CMTC, Guizhen Lu was denied a State license because she attended a massage school that was unapproved by CMTC. j. This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site in advance of the November 10, 2015 hearing date. k. On November 2, 2015, staff received one letter from a previous resident of the AMLI at Empire Lakes apartment complex detailing his experience at Royal Spa in 2014 while under ownership of Xingkun Du. The letter states that the resident visited Royal Spa for a massage during 2014, during which, "[the massage technician] started massaging my thighs and began reaching up towards my genitals. She then tapped my privates and asked if she wanted me to continue. I told her no, but she continued to ask again. The massage immediately ended after telling her no for the second time."The resident stated he fears allowing businesses like this to operate in Rancho Cucamonga will devalue this City and will hurt this area and the surrounding businesses and residents. This item was advertised again as a public hearing in the Inland Valley Daily Bulletin newspaper on November 25, 2015, and notices were mailed to all property owners within a 660-foot radius of the project site in advance of the December 9, 2015 hearing. This item PLANNING COMMISSION RESOLUTION NO. 16-15 CONDITIONAL USE PERMIT DRC2015-00848— ROYAL SPA March 9, 2016 Page 4 was most recently advertised as a public hearing in the Inland Valley Daily Bulletin newspaper on February 25, 2016, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site in advance of this hearing. No additional correspondence has been received. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing, including but not limited to 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 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 8:00 a.m. to 10:00 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 multitenant commercial center, is currently fully developed. The site contains multiple commercial buildings as well as sufficient onsite parking for the various existing commercial retail and service uses. The subject property is located at the northwest corner of Milliken Avenue and 7th Street, which are both fully improved and provide sufficient access to the site. Lastly, the Building and Safety Department and Fire District issued a permit and conducted final inspections. There are no remaining building or fire safety related issues within this unit. c. Granting the application would 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. based on the following reasons, any of which individually or in any combination would be grounds for this finding: I. The current, Xingkun Du, maintained a business for three years with improper and unsafe interior construction, compromising the safety of the business's customers and employees, and those of neighboring businesses. This demonstrates an inability to comply with building code requirements and is representative of poor management. II. Proposed owner Guizhen Lu was denied an application for a massage therapist certification by CMTC because she attended an unapproved school, demonstrating an inability to comply with State requirements for massage businesses. III. Proposed owner Yuee He was an employee of Royal Spa before obtaining an ownership interest and is listed by the other three owners as the individual responsible for managing the day-to-day business operations at Royal Spa. Yuee He was convicted for prostitution in 2008 and sentenced to 2 years' probation. IV. Under the ownership of Xingkun Du, on at least one occasion, a customer has been offered a massage of the genital region, classified as unprofessional conduct by CMTC and subject to revocation of the therapists CMTC certification. This demonstrates that PLANNING COMMISSION RESOLUTION NO. 16-15 CONDITIONAL USE PERMIT DRC2015-00848— ROYAL SPA March 9, 2016 Page 5 the business has not been properly managed in the past and creates a likelihood of similar mismanagement in the future. 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, 4 and 5 above, this Commission hereby denies the application. The Planning Commission further finds that any of the reasons stated above for finding that approval of the application would 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, either alone or any combination, is grounds for denying the application 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2016. Ravenel Wimberly, Chairman ATTEST: andyc urne t, 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 9th Day of March 2016, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE