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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. www.CityofRC.us 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 Printed:6/1/2016 Page 5 of 5