Loading...
HomeMy WebLinkAboutPC AG PKT 2013-06-19 #2 SEAS PLANNING COMMISSION ITEM NUMBER STAFF REPORT 2 TO: Planning Commission FROM: Director of Community Development MEETING DATE: June 19, 2013 SUBJECT: PUBLIC HEARING REQUEST FORA CONDITIONAL USE PERMIT (CUP 13-2) FOR THE ESTABLISHMENT OF A CERTIFIED MASSAGE ESTABLISHMENT. LOCATION: 201 8TH STREET UNIT 107 APPLICANT: JOANNE S. BARTON RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 13-12, APPROVING Conditional Use Permit 13-2. Planning Commission Staff Report Conditional Use Permit 13-2 201 8th Street, Unit 107 June 19, 2013 GENERAL PLAN DESIGNATION: COMMUNITY FACILITY ZONE: MSSP (MAIN STREET SPECIFIC PLAN) SITE DESCRIPTION: Assessor's Parcel Number: 19905228 Lot Area: 10,907 sq. ft. Building Gross Floor Area: 7,174 sq. ft. Unit Gross Floor Area: 422 sq. ft. Surrounding Properties: North: Public Facility— City Hall South:Public Facility— Fire Department East: Commercial - Medical Office Use West: Multi-Unit Residential — Residential Uses ENVIRONMENTAL ASSESSMENT: This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a massage establishment use within an existing multi-tenant commercial building, involving negligible or no expansion beyond the existing use. LEGAL NOTIFICATION: The legal notice of this hearing was published in the 'Seal Beach Sun Newspaper on June 6, 2013 and mailed to 183 property owners and 336 occupants within a 5010' radius of the subject property on June 5, 2013, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: C of S e a l B e a c h IA Planning Commission Staff Report Conditional Use Permit 13-2 2018'Street, Unit 107 June 19, 2013 BACKGROUND: At their regular meeting of June 5, 2013 the Planning Commission reviewed and voted to approve a Zoning Code Amendment regarding massage uses. The proposed amendment included revisions to definitions and processing procedures for massage establishments that would be in conformance with existing state regulations. The proposed amendment must be presented at a public hearing and approved by the City Council before the amendment can be codified and enacted as a part of the Seal Beach Municipal Code. The Zone Text Amendment is scheduled for a public hearing at the July 8, 2013 City Council meeting. Currently, the existing Municipal Code remains in effect and all applicants proposing to open a massage establishment within the City must follow the existing Municipal Code requirements. The applicant is aware of the proposed amendment regarding massage uses as well as the nature of public hearings. As there is no guarantee on the outcome of any public hearing and the applicant is eager to open for business, a Conditional Use Permit application has been filed under the existing Municipal Code regulations for a Certified Massage Establishment. ANALYSIS: Applicant Joanne S. Barton is requesting review and approval of a Conditional Use Permit application to permit the operation of a Certified Massage Establishment at 201 8 th Street, Unit 107, located on the first floor. The subject site is located on the northeast corner of the 8th Street and Central Avenue intersection and developed with a 7,174 sq. ft. two-story, 12 unit commercial building. The subject property was originally constructed to serve as the Seal Beach City Hall but was converted to serve as a multi-unit commercial building, the building is currently occupied by a beauty salon and office uses. The property is surrounded by City Hall to the north, a fire station across Central Avenue to the south, a one story medical office building across 8th Street to the east and multi-family residential units across an alley to the west. The subject site is within the Main Street Specific Plan area which permits massage establishments subject to approval of a Conditional Use Permit. The existing Municipal Code (SBMC§5.45.005)defines a Certified Massage Establishment as any massage establishment that either: (i) is operated as a sole proprietorship by a proprietor who is currently a State Certified Massage Professional and is the only person employed by the business to provide massage; or (ii) employs or uses only persons who are State Certified Massage Professionals to provide massage. The applicant proposes to operate the business as a sole proprietor and is a certified by the California Massage Therapy Council (CAMTC) as a Massage Therapist. The CAMTC, established in 2009, conducts a full review of each practitioner that includes verification of education and training, as well as a criminal background check prior to issuing certification. In addition, the CAMTC maintains contact information for all practitioners, requires certification renewal every two years and updates cities regarding any claims made against practitioners within the City and surrounding areas. The applicant has operated as a massage therapist for sixteen years and was certified by the CAMTC in June 2010. Most recently the applicant has owned and operated a massage establishment in the City of Westminster with a range of five to twelve employees for nine Planning Commission Staff Report Conditional Use Permit 13-2 201 8ffi Street, Unit 107 June 19, 2013 years. The applicant recently closed the existing business and chosen, in lieu of retirement, to scale down the business and operate as a sole proprietor at the subject site within a unit that contains a reception area and two rooms. The applicant has stated the business will operate by appointment between the hours of 8:00 AM and 6:00 PM from Monday to Saturday. The applicant has stated that a licensed skincare professional will likely occupy one of the rooms in the unit as an independent contractor on a part time basis. The skincare professional will also operate on an appointment basis within the set operating hours. The skin care professional will be required to obtain a business license and subject to all conditions of approval set for the massage establishment. The Seal Beach Public Works Department and Seal beach Police Department were contacted and requested to provide any relevant comments.The Public Works Department reviewed the tenant's proposed tenant improvement, which involves relocating a door, and had no comments or concerns regarding the proposed work. The Police Department reviewed the proposed hours of operation and business description and had no comments or concerns regarding this application. In conformance with state law, a background check was not conducted because the applicant is certified by the California Massage Therapy Council and is in good standing. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 13-12 approving CUP 13-2 to allow a Certified Massage Establishment at 201 8th Street, Unit 107. Prepared by: p6stal La—naa Basham v Assistant Planner—Community Development -rirector of Community Development Attachments 3: 1. Resolution No. 13-12—A Resolution of the Planning Commission of the City of Seal Beach, Approving Conditional Use Permit 13-2, for the operation of a Certified Massage Establishment within the Main Street Specific Plan (MSSP) area. 2. Applicant letter dated May 26, 2013 3. Project Plans RESOLUTION NO. 13-12 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF CONDITIONAL USE PERMIT 13-2 TO PERMIT A CERTIFIED MASSAGE ESTABLISHMENT AT 201 8TH STREET UNIT 107 IN THE MAIN STREET SPECIFIC PLAN AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On May 9, 2013, Joanne S. Barton ("the applicant") submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 13-2 to permit a Certified Massage Establishment in an existing multi-tenant commercial building at 201 8th Street, Unit 107 (the "subject property"), which is located in the Main Street Specific Plan Area. Section 2. Staff has determined that CUP 13-2 is categorically exempt from review under California Environmental Quality Act ("CEQA") pursuant to Section 15303 of the State CEQA Guidelines because it would result only in a negligible expansion of an existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on June 19, 2013 to consider the application for CUP 13-2. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject property is located on the northeast corner of the intersection of 8th Street and Central and developed with a 7,174-square foot, two-story, 12-unit commercial building that previously served as the Seal Beach City Hall and is now occupied by a beauty salon and office uses. The subject property is surrounded by City Hall to the north, a fire station across Central Avenue to the south, a one story medical office building across 8th Street to the east, and multi-family residential units across an alley to the west. The subject property is located in the Main Street Specific Plan area, which permits massage establishments subject to approval of a CUP. B. The proposed massage establishment would be a sole proprietorship operated by a massage professional certified to practice massage by the California Massage Therapy Council. The space in which it would operate contains a reception area and two treatment rooms. The business would operate only by appointment and only between the hours of 8:00 AM and 6:00 PM, Monday through Saturday. The applicant has stated that a licensed skincare professional will likely occupy one of the rooms in the unit as an independent contractor on a part time basis. -1- The skincare professional would also operate only by appointment and within the set operating hours. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapters 11.2.05 and 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed use, as conditioned below, is consistent with the General Plan and with any the Main Street Specific Plan. The proposed certified massage establishment will provide a service commercial use within the Main Street Specific Plan area. The General Plan specifies the Main Street Specific Plan area should encourage a mix of land uses to serve local residents and visitors. The proposed use will help to diversify the commercial use offered in the area while remaining consistent with the existing uses on the subject site. The proposed certified massage establishment will operate on an appointment bases to ensure it will be a low intensity use; B. * The proposed use is allowed in the Main Street Specific Plan area with approval of a CUP and the proposed use will comply with all other applicable provisions of the Municipal Code. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The certified massage establishment will occupy a suitable space within an existing commercial building and will require neither the construction of any additional square footage nor alteration to the building exterior. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The proposed certified massage establishment will have only two treatment rooms and operate on an appointment-only basis, which will limit the influx of customers. The subject property is already developed with a multi-unit commercial building that houses similar professional services that also operate on an appointment basis and that have been compatible with the surrounding neighborhood. E. The establishment, maintenance, and operation of the proposed use at the location proposed use, as conditioned below, will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed use is consistent with other uses in the building and the vicinity. The subject property is already developed with a multi-unit commercial building that houses similar professional services that also operate on an appointment basis and that have been compatible with the surrounding neighborhood. -2- Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 13-2 for a Certified Massage Establishment on the subject property, subject to the following conditions: A. The premises of the massage establishment shall be in substantial compliance with the project plans submitted with the application and maintained on file with the Community Development Department. B. The business must operate only by appointment and only between the hours of 8:00 AM and 6:00 PM, Monday through Saturday. C. The California Massage Therapy Council Certificate and photograph of each person providing massage services at the massage establishment must be displayed prorninently on the premises in a location that can be readily viewed by customers or City representatives. D. A list of all persons providing massage services at the establishment, including each person's full true name and other names used, photograph, and certificate from -the California Massage Therapy Council must be provided to the Director. Any changes to the persons providing massage services must be reported to the Director within 10 working days of such change. E. A list of the services provided to the public and the prices and minimum lengths for each must be available to the public in a conspicuous location on the premises. F. The massage establishment must keep a written record of the date and hour of each massage, the name and address of each customer, the name of the state certified massage professional administering the massage and the type of massage administered. The records must be maintained for a period of 2 years. Only those officials who are charged with enforcement of this Chapter shall inspect these records and no information shall be used for any purpose other than enforcement of this Chapter. No massage establishment owner or employee shall utilize the records in any manner unrelated to enforcement of this Chapter. G. The massage establishment must be equipped at all times with an adequate supply of clean, sanitary towels, coverings, and linens. Clean towels, coverings, and linens must be stored in cabinets. Towels and linens must not be used on more than one customer or client, unless they have first been laundered and disinfected. Disposable towels and coverings must not be used on more than one customer or client. Soiled linens and paper towels must be deposited in separate, approved receptacles. H. Adequate ventilation and lighting must be provided throughout the premises. Ventilation must be in accordance with Uniform Building Code Section 1105. Lighting must be in accordance with National Electric Code Article 220; and at least one artificial light of not less than 40 watts must be operative in each roorn or enclosure designated for massage. -3- 1. At least one separate wash basin, providing soap or detergent and hot and cold running water, must be provided at all times for the use of employees. Such basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall be provided at each basin. J. Each room or area in which massage is practiced must have a table designed and manufactured for medical or massage uses. No mattresses or beds are allowed. Massage tables must be covered with pads made of durable washable plastic or other waterproof material acceptable to the Health Officer. K. All wet heat rooms, dry heat rooms, steam rooms, vapor rooms, showers, bathrooms, cabinet rooms, and pools must be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department as often as needed, but not less than once each day the premises are open. Bathtubs must be thoroughly cleaned with disinfectant approved by the Health Department after each use. L. The walls, ceilings, floors, and other physical facilities of the massage establishment must be maintained in good repair and in a clean and sanitary condition at all times. M. Instruments utilized in performing massage must not be used on more than one customer unless they have been properly sterilized between uses. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage must be provided on the premises. N. Two or more customers may be provided massage services in a single room only if a state certified massage professional is present in the room at all times with the customers. No persons other than those receiving a massage, parents or guardians of a minor who is receiving a massage, and those administering a massage shall enter or remain within a room where a massage is being given takes place. O. No person shall engage in any of the following sexual activities on the premises of the massage establishment: fondling or other erotic touching of specified anatomical areas; sex acts including, without limitation, intercourse, oral copulation, or sodomy; or masturbation. P. No owner, employee, or independent contractor of the massage establishment shall expose his or her specified anatomical areas in the presence of any customer or guest or make intentional physical contact with the specified anatomical areas of any customer or guest, Q. Each customer's genitals must be fully covered at all times. No person shall massage the genitals of any customer. No person shall massage any female customer whose breasts are not covered by a sheet or other opaque clothing. No person shall massage any female customer's breasts. -4- R. All employees must be dressed in clean, opaque outer garments covering the body from knee to neck, excepting hands and arms, at all times while on the premises. S. Each employee must be provided individual lockers on the premises of the massage establishment. T. No person shall enter, be, or remain in any part of the massage establishment while in the possession of, consuming or using alcoholic beverages or controlled substances, except pursuant to a prescription for medication. The owner, operator, responsible managing employee, or manager must not allow any person in violation of this subsection to enter or remain upon the premises. U. The massage establishment shall operate as a school of massage or use the premises as a school of massage, V. The massage establishment shall place, publish or distribute, or so direct or permit, any advertising matter that depicts any specified anatomical areas. W. All exterior doors shall remain unlocked during business hours from the interior side except when no staff is available to ensure the security of clients and massage staff who are behind closed doors. X. Prior to first operating the massage establishment, the operator must: (1) notify and cause the Health Officer to inspect the premises to ensure compliance with all applicable health laws and issue a report; and (2) submit a copy of the report to the Director. Y. The Health Officer and every person authorized to enforce the Seal Beach Municipal Code, as it relates to massage uses, shall have the right to periodically enter and inspect the massage establishment for the purpose of ensuring compliance with these conditions of approval and all applicable laws and regulations. Z. Building permits shall be obtained for all tenant improvements conducted within the unit. AA. Any subsequent expansion or modification of the business shall require a modification of this Conditional Use Permit. BB. 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 Community Development Department a minimum of 90 days prior to such expiration date. CC. This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in -5- the presence of the Director of Community Development, or notarized and returned to the Planning Department; and until the 10 day appeal period has elapsed. DD. 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. EE. Failure to comply with any of these conditions or a substantial change in the mode or character of the establishment shall be grounds for revoking or modifying this CUP approval. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on June 19, 2013, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa-Lavitt ATTEST: Chairperson Jim Basham Planning Commission Secretary -6- 5/26/2013 Crystal Landavazo 211 Eighth Street Seal Beach Ca 90740 Dear Crystal, Thank you for your letter, I would like to give you a little of my background and my plans to open The Annex Massage Therapy at 201 eighth street in Seal Beach. I have been a massage therapist for sixteen years, I worked at Complexions for two years and at Wellsprings for four years. For the last nine years I have owned Chiari Wellness Spa on Bolsa Chica Road which is on the backside of the Seal Beach Naval Station.Chiari has eight treatment rooms and from 5 to 12 employees over the years. Some of my clients have been with me for the entire sixteen years. Instead of retirement, I have chosen to downsize my business and concentrate on those loyal clients. The suite at the annex would be perfect for my needs.There is a lobby area and two treatment rooms. I would use one for my massage therapy and the other would occasionally be used by one independent contractor licensed skincare professional. We would use the space by appointment only from 8AM to 6PM Monday through Saturday. I have lived in Seal Beach for thirty five years and look forward to working in town again. Thank you for your time, please let me know if you have any questions. Joanne Barton jbkJ� 562-596-4856 r kAY 28 2013 I' , r , z 1 ' t 3' A , .. ill � + � c `�-k � • i 1