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HomeMy WebLinkAbout2 - CUP 12-3 (1033 Pacific Coast Hwy)August 15, 2012 To: Honorable Chairwoman and Planning Commission From: Department of Development Services Subject: Conditional Use Permit 12 -3 1033 Pacific Coast Highway GENERAL DESCRIPTION Applicant: JOHN G. AND YONGPING T. BONN Owner: COLUMBIA REGENCY RETAIL PARTNERS, LLC Location. 1033 PACIFIC COAST HIGHWAY Classification of SERVICE COMMERCIAL (SC) Property: Request: FOR THE ESTABLISHMENT OF A FOOT, BODY, AND FACIAL MASSAGE BUSINESS WITHIN AN EXISTING, VACANT LEASE SPACE AT 1033 PACIFIC COAST HIGHWAY. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: CHAPTERS 5.45; 11.2.10; AND 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE. Recommendation: APPROVE CUP 12 -3, SUBJECT TO CONDITIONS OF. APPROVAL AS RECOMMENDED BY STAFF, AND AS MAY BE FURTHER REVISED BY THE COMMISSION AFTER CONSIDERING PUBLIC TESTIMONY. APPROVAL SHOULD BE THROUGH ADOPTION OF PLANNING COMMISSION RESOLUTION 12 -13. ZAConditional Use Permits \CUP 12 -3 1033 Pacific Coast Highway (Massage Establishment) \CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 ❑ On June 27, 2012, John G. and Yongping T. Bonn ( "the applicants ") submitted an application for CUP 12 -3 to establish a massage therapy business at 1033 Pacific Coast Highway. ❑ The Municipal Code allows massage therapy businesses within the Service Commercial zone, subject to a CUP approval. ❑ The subject lease space is approximately 1,088 square feet. ❑ The nearest residential properties are located approximately 200 feet to the north, within the neighborhood known as "The Hill ". ❑ The surrounding land uses and zoning are as follows: ❑ NORTH — Single family residential properties within the Residential Low Density (RLD -9) zone. ❑ EAST— Single family residential properties within the Residential Low Density (RLD) zone; Retail businesses within the Service Commercial (SC) zone. • SOUTH — Retail businesses within the General Commercial (GC) zone. • WEST — Retail businesses within the General Commercial (GC) zone. ® As of August 8, 2012, staff has received no correspondence in response to the hearing notices that were mailed out and published for the proposed project. DISCUSSION The purpose of requiring a CUP for a particular use is to allow for special consideration to ensure that the use can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of properties in the vicinity. Pursuant to the requirements of the Municipal Code, the Planning Commission can only approve a CUP if it finds, based upon evidence presented at the hearing, that the proposal as submitted, or as modified, conforms to all of the following criteria as well as to any other special findings required for approval of use permits in specific zoning districts: 1. The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc %a Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 2. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code; 3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and 5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. In 2007, the City adopted comprehensive performance standards for Massage Technicians and Massage Establishments under Title 5 (Business Licenses and Regulations) of the Seal Beach Municipal Code. The purpose and intent of this ordinance is to provide a non - zoning means of protecting the public health, safety, and welfare by requiring the operation of massage establishments to comply ,with these performance standards and to receive approval from the Police Department. With the adoption of Title 11 (Zoning Code) in 2010, a further requirement for a Conditional Use Permit for all new Massage Establishments was implemented. The CUP requirement did not introduce new or additional performance standards or prescriptive conditions, but did allow flexibility for staff or the Planning Commission to do so if the need for additional conditions was deemed necessary. The proposed business is located within the Seal Beach Center, bounded by Bolsa 'Avenue on the north and west, Pacific. Coast Highway on the south, and Balboa Avenue on the east. The Zoning Ordinance designates this site as `Service Commercial'; massage establishments are conditionally permitted within this zone. Per the submitted plans, the applicants are proposing a reception desk and waiting area towards the front of the lease space; four `foot and facial massage' stations directly behind the reception /waiting area that are proposed to be separated by sliding curtains; and two private rooms for `body massage' directly behind the 'foot and facial massage' stations. The floor plan appears to comply with all of the requirements of Chapter 5.45 of the SBMC, provided all employees are certified by the California Massage Therapy Council ( CAMTC). The applicants have expressed to staff that they will only employ CAMTC certified technicians Staff has no reason to believe that, if the prospective business owners abide by all City laws, ordinances, and regulations, the operation of a massage establishment at this CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc 3 Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 location would not be compatible with the existing development pattern and uses of the surrounding shopping center and neighborhood. Staff further believes that the recommended conditions of approval will prevent any potential adverse impacts from occurring, but in the unlikely event that they should occur, the City, through the CUP, has a means of code enforcement up to and including possible revocation of the CUP. Based on the foregoing, staff believes that the requisite findings for approving a CUP can be made in this case. 1. The proposal is consistent with the General Plan and Zoning Code, as they allow the proposed use (massage establishment) subject to approval of a Conditional Use Permit. The conditions placed on the subject request will ensure that the use is not likely to create adverse noise, disruption to the neighborhood, and other land use impacts. 2. The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints, because conditions placed on the subject request will mitigate any potential land use impacts that may be created by the proposed use. 3. The location, size, design, and operating characteristics of the proposed use would be compatible with and would not adversely affect uses and properties in the surrounding neighborhood because of the conditions placed on its operation. 4. 'The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. RECOMMENDATION: Staff recommends the Planning Commission, after considering all relevant testimony, written and oral, presented during the public hearing, approve Conditional Use Permit 12 -3, subject to conditions as proposed and as may be amended by the Planning Commission. Staff's recommendation is based upon the belief that positive findings can be made for all findings of approval as required by applicable sections of the Zoning Code. CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc 0 Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 For: August 15, 2012 ►fne f6livera, AICP for tanner, Department of Community Development Attachments: (3) Attachment 1: . Resolution 12 -13, A Resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 12 -3, for the establishment of a foot, body, and facial massage business within the Service Commercial (SC) zone at 1033 Pacific Coast Highway Attachment 2: Applicant's statement and letters of support Attachment 3: Project Plans CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc 5 Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 ATTACHMENT 1 RESOLUTION NUMBER 12 -13, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 12 -3, FOR THE ESTABLISHMENT OF A FOOT, BODY, AND FACIAL MASSAGE BUSINESS WITHIN THE SERVICE COMMERCIAL (SC) ZONE AT 1033 PACIFIC COAST HIGHWAY, SEAL BEACH CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc C Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 RESOLUTION NUMBER 12 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 12 -3, FOR THE ESTABLISHMENT OF A FOOT, BODY, AND FACIAL MASSAGE BUSINESS WITHIN THE SERVICE COMMERCIAL (SC) ZONE AT 1033 PACIFIC COAST HIGHWAY. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 27, 2012, John G. and Yongping T. Bonn ( "the applicants ") filed an application for Conditional Use Permit (CUP) 12 -3 with the Department of Community Development. Section 2. The applicant is requesting a CUP for the establishment of a foot, body, and facial massage establishment within the Service Commercial (SC) zone at 1033 Pacific Coast Highway. Section 3. Pursuant to 14 Calif. Code of Regs. § 15301, staff has determined as follows: The application for Conditional Use Permit 12 -3 for the requested land use entitlements for a proposed massage establishment is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on August 15, 2012, to consider the application for Conditional Use Permit No. 12 -3. At the public hearing the Planning Commission received written and oral evidence on the proposed project. Section 5. The record of the public hearing of August 15, 2012 indicates the following: a. On June 27, 2012, the applicant filed an application for Conditional Use Permit 12 -3 with the Department of Community Development. CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc 7 Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 b. The applicant is requesting approval to establish a massage therapy business within the Service Commercial (SC) zone at 1033 Pacific Coast Highway. C. The Zoning Code requires that all massage therapy businesses, where massage therapy is the primary use, obtain a CUP prior to commencing operations. d. The subject lease space is located within the Seal Beach Center at Bolsa Avenue and Pacific Coast Highway. e. Surrounding land uses and zoning are as follows: NORTH: Single family residences within the Residential Low Density (RLD -9) zone. SOUTH: Retail businesses within the General Commercial (GC) zone. EAST: Single family residences within the Residential Low Density (RLD -9) zone; retail businesses within the Service Commercial (SC) zone. WEST: Retail businesses within the General Commercial (GC) zone. f. As of August 8, 2012, Staff has received no correspondence in response to the public hearing notices that were mailed and published regarding the subject application. Section 6. Based upon the facts contained in the record, including those stated in §5 of this resolution and pursuant to Chapters 5.45; 11.2.10; and 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: a. CUP No. 12 -3, as conditioned regarding business operation, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a Service Commercial designation for the subject property; b. Conditional Use Permit 12 -3 is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element, C. The proposed use is permitted within the applicable zoning district, subject to the approval of a Conditional Use Permit, and as proposed to CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc 8 Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 be conditioned, will comply with all other applicable provisions of the Municipal Code; Cl. The project site is physically adequate for the type, density, and intensity of use being proposed, including the provision of services and the absence of physical constraints; e. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood and; f. The establishment, maintenance, or operation of the proposed use at the location, proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 12 -3, subject to the following conditions: 1. Conditional Use Permit 12 -3 is approved for the establishment of a massage therapy business within the Service Commercial (SC) zone at 1033 Pacific Coast Highway. 2. The applicant shall hereby comply with all applicable requirements enumerated within Chapter 5.45 of the Seal Beach Municipal. Code, regarding Massage Establishments. 3. The business owner must ' obtain a business license prior to commencing operation of the massage establishment. 4. All applicable building permits shall be obtained prior to any construction, demolition, or interior remodeling. 5. The permitted hours of operation shall be from 10:00 a.m. until 8:00 p.m. daily. 6. All employees of the business who perform massages shall possess a California Massage Therapy Council (CAMTC) certification. 7. Off - premises massage service shall be prohibited under this Conditional Use Permit. 8. The establishment shall post in a conspicuous public location on the premises, the services, prices, and minimum lengths of time. All letters and number shall be not less than one -inch in height. No service shall be performed and no fee shall be charged or collected for services other than those posted. All arrangements for services to be performed shall be made in a room in the CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc 0 Planning Commission Staff Report Conditional. Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 massage establishment that is not used for the administration of massages. No person shall, after the commencement of any service for any customer, inform the customer that additional service is available, or ask or inquire of the customer whether he or she desires any additional service to be performed. No person shall perform any service for any customer that was not ordered by the customer prior to the commencement of the service rendered. 9. The 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 cabinets. Towels and linens shall not be used on more than 1 customer or client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than 1 customer or client. Soiled linens and paper towels shall be deposited in separate, approved receptacles. 10. The establishment shall maintain adequate ventilation to an area outside any room or booth where massage is being performed. 11. The establishment shall maintain in good repair and in a clean, sanitary condition all of the establishment's walls, ceilings, floors, and other physical facilities. 12. Instruments used in performing massage shall not be used on more than one customer unless they have been properly sterilized. 13. There shall be no full or partial nudity. Employees shall not reveal Specified Anatomical Areas, as defined in Chapter 5.15 of the SBMC, in the presence of any other person. 14. All employees shall, at all times while on the premises, be clean and shall wear clean, non - transparent, outer garments covering the body from knee to neck. 15. No person shall enter, be, or remain in any part of a massage establishment while in possession of, consuming or using alcoholic beverages or controlled substances, except pursuant to a prescription for medication. The owner, operator, responsible managing employee, manager, or permittee shall not allow any person in violation of this subsection to enter or remain upon the premises. 16. No massage establishment shall operate as a school of massage or use the same facilities as that of a school of massage. 17. No massage establishment may place, publish, or distribute, or so direct or permit, any advertising matter which either depicts any portion of the human body or includes text which would suggest to prospective customers that any service is available other than those posted. 18. A massage technician shall not massage any customer who is not wearing clothing that fully covers the customer's genitals. The massage technician shall CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc lm Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 not massage any female customer whose breasts are not covered by a sheet or other opaque clothing. The massage technician shall not massage any person's genital area. The massage shall not massage the breasts of any female. 19. The establishment may not be open for business unless there is at least one massage technician on the premises holding a current CAMTC certification. 20. No person licensed to operate a massage establishment shall operate under any name or conduct business under any name or business designation not specified in the License. 21. Any patron receiving a massage (other than a foot or facial massage) who is under the age of 18 shall be accompanied by a parent or guardian. 22. No `blackout' tint, blinds, or other material that obscures window transparency, such that persons outside the premises are prevented from seeing inside the premises shall be permitted. 23. Upon any change in ownership of the business, the new business owner(s) are subject all conditions listed under CUP 12 -3. 24. Any Seal Beach Police Officer, Code Enforcement Officer, Building Inspector, Fire Inspector, Inspector from the Orange County Healthcare Agency, and /or other law enforcement officers shall have the right to inspect the premises at any time without warrant. 25. If there are substantial adverse impacts on Police Department services and /or in the event that the Police Chief or designee determines that a significant increase in police service has resulted due to the operations of the establishment, the Police Chief or designee at any time may request a public hearing before the Planning Commission to modify any of the conditions of approval, up to and including the revocation of this Conditional Use Permit. 26. A modification of this Conditional Use Permit shall be applied for when: a. The property proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 27. This Conditional Use Permit shall become null and void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to' the Department of Development Services a minimum of 90 days prior to such expiration date. 28. This Conditional Use Permit shall not become effective for any purpose unless /until a City "Acceptance of Conditions" form has been signed by the CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the 10 calendar -day appeal period has elapsed. 29. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel -of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 30. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 2012, by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc 12 Greg Hastings Secretary of the Planning Commission CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 Sandra Massa - Lavitt Chairwoman of the Planning Commission 13 Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012 APPLICANTS' STATEMENT AND LETTERS OF SUPPORT CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc 14 YONGPING'S MASSAGE & SPA A BUSINESS PLAN Executive Plan Yongping's Massage & Spa (here after mentioned as Spa) will focus mainly on customers 18 and older, men and women that are given the art of great relaxation thru massage therapy. The Spa will be established and managed by the business founders, John and Yongping Bonn, with Yongping as the overall manager with over 10 years experience. The business will generate revenues through Foot, Body and Facial massages. We project the business will become profitable in its first year, thru plenty of hard work, advertisement and word of mouth. We also believe by the second year that we should have a healthy cliental. OUR OBJECTIVE The Spa seeks to achieve the following objectives with the opening of its first establishment: To establish a base at least with -in a 10 mile radius of Seal Beach To offer American, Swedish and Asian style massages along with Foot massages To have a beautiful atmosphere for relaxation Mission The mission of the Spa is to maintain a healthy lifestyle that isn't all work and allows for body relaxation. When you enter the Spa you can experience the soothing feeling of massage therapy. All of our therapists are professionals and all are California licensed. Regular visits can lower stress, help blood pressure, help your immune system and even help you sleep better. For Success The keys to success for the Spa: Create a beautiful, comfortable and relaxation environment To provide high quality massage service to all thru our professional therapists To establish loyal base of cliental To energize our customer base to generate their own reasons to return to our place of business. Benefits of Massage Therapy Helps the immune system Helps lower blood pressure Helps relax your muscles Helps in circulation Helps relieve headaches Helps reduce stress Besides walking out and feeling better than you did before entering the Spa Summary The Spas concept is that it will allow all customers to pick which massage will best suit there needs by letting our staff know of their hurts or discomforts. Different massage techniques produce different results For example, "What is Reflexology" It is a popular therapy that was first introduced to the West in the early twentieth century as "zone therapy" This technique involves the physical act of applying pressure to the body, with specific thumb, finger and hand techniques. Specific points are targeted and worked on in order to send signals to the brain and balance the nervous system; All this is done thru the feet, arms, hands, shoulders, back and head. (Facial) Ownership The Spa is to be established and owned by John and Yongping Bonn, husband and wife of Carson, Ca. Yongping has mastered the art of massage therapy for over 10 years, first learning in the orient. Market Analysis The market for Spas in the U.S. has grown significantly in the past decade. You look on U tube or the internet and there are many Spas all over in the surrounding cities. Seal Beach has a few but none that we are aware off that offer foot massages. This will be a very great attraction to our Spa. We will offer early bird prices and discounts for senior citizens. We will have monthly business card drawings for a free massage. We also will advertise on our own web page. Personnel The staff will include at first 2 male massage therapists and 2 women massage therapists which combine to over 25 years of experience. All employees will be covered with insurance. The hours of operation will be from l0a.m. until 8 p.m. Monday thru Sunday giving a lot of people the opportunity to come on the weekends with other spas closed. The business is expected to grow significantly in three years as it meets the market need for massages. We plan on doing everything we can to continue growing our cliental. Our intention is to satisfy and relieve all our cliental of aches and pains. Page 1 of l Lb From: "_ Dri Bosma" < n> To: "' :'aky" <jb( com> Sent: ursday, August 09, 2012 8:37 AM Subject: issage Clear 3 Yongping, I wanted to thank you again for the great massc . It was one of the best I have ever had. Your care and conce was greatly appreciated. I have been under a great de "; c ',i'ress, due to my husbands illness, and must tell you t ;-yelped to alleviate a good portion of it. In fact, I s) C ; Ter that night than I have in quite some time. Be as.:., hat I will recommend my friends and relatives when t -,- j down your way, in addition, I too, will come in again v%;, , , ,)wn. Thank you again, -Jeri Bosma 8/9%2012 June 9, 2012 Attn: Seal Beach Council My name is John Moore of Long Beach and I stop by A+ Massage about every two weeks and have Yongping give me a % hour massage. She is great, my headaches go away and my feet are not as s«-ollen, and don't hurt as before. I will continue my massa e long as it keeps me feeling better. Tha You M .0111 oore ATTACHMENT 3 PROJECT PLANS CUP 12 -3 1033 Pacific Coast Hwy. PC Staff Report.doc 15 Planning Commission Staff Report Conditional Use Permit 12 -3 1033 Pacific Coast Highway August 15, 2012