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Home My WebLink About01-020 HairQuarters/CUP08-14-2001 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: August 14, 2001 SUBJECT: ATTACHMENTS: PUBLIC HEARING PA 01-020 Hair Quarters & More Conditional Use Permit (Report Prepared by: Jonelyn Whales, Associate Planner) Resolution approving the Conditional Use Permit Project Plans RECOMMENDATION: 2. 3. 4. Open public hearing. Receive staff presentation and public testimony. Close public hearing and deliberate. Adopt Resolution (Attachment 1) approving PA 01-020, Conditional Use Permit Description: The applicant, Jennifer Livergood, of Hair Quarters and More, is requesting approval of a Conditional Use Permit to operate a massage establishment within an existing beauty salon at 7059 Village Parkway. The salon will provide therapeutic massages and skin care treatments in a 145 square feet room within a 1,160 square foot A-nant space in Village Green Shopping Center. There will be one licensed massage therapist providing these ~,ervices by appointment during the same hours of operation as the beauty salon. The hours of operation of the beauty salon are from 10 AM to 8 PM, Tuesday through Thursday, 9 AM to 7 PM on Friday and 8:30 AM to 4 PM on Saturdays. Background: Hair Quarters & More operated for 8 years at 7021 Village Parkway. For the past 12 months, they have operated at 7059 Village Parkway. The site is located within two commercial spaces, 7059 and 7061 Village Parkway, in Village Green Center. The two commercial spaces are each 741 square feet and include bathrooms offices, and waiting rooms. The floor plans show that 7059 Village Parkway has one large room partitioned into individual workstations for three employees. The area also has hair dryers, washbasins and a customer service area. While the adjacent space, 7061 Village Parkway, has partitioned rooms with one room designated for therapeutic massages, the interior space contains a massage table, counter, and chairs. Both commercial spaces have connecting waiting areas to provide access between the new space and the existing salon. The exterior has not been changed, the applicant's signage and awning covers both storefronts, so it appears to be one commercial space. No other interior or exterior changes are proposed for the site. G:\PA#\2001 \01-020\Hairqtrsrepon.do¢ COPIES TO: Applicant Property Owner Project File Project_~lanner Nearby uses include specialty stores, novelty shops, art galleries, a t-shirt shop, and a restaurant. --ANALYSIS: The site is located in the C-2 General Commercial Zoning District. Pursuant to the Dublin Municipal Code, Chapter 4.20, massage establishments and services require a massage therapist to obtain a massage establishment and services permit from the Dublin Police Department. The applicant is requesting approval of a conditional use permit to operate a massage service before submitting a formal application to the Dublin Police Department. In accordance with Sections 8.08.020 (Definitions), and 8.12.050 (Permitted and Conditionally Permitted Land Uses) of the Zoning Guidelines, Massage Establishments and Services proposals require a Conditional Use Permit: A Conditional Use Permit may be granted if the proposal conforms to all of the General Conditional Use Permit findings prescribed under Section 8.100.060 and Section 8.24.030 of the C-2 General Commercial Zoning District. The massage service requires 2 spaces per massage station plus 1 per 250 square feet of office space. Therefore, off-street parking requirements will not change for the massage establishment. The office space has approximately 150 square feet of area and there will only be one massage station. The Village Green Center has a total of a 76 parking spaces within its parking lot. Therefore, based on one small massage station and the square footage of office space in the salon, the applicant has adequately met the maximum requirement of 3 parking spaces. Common issues associated with a massage therapy establishment (i.e. background checks, school records, and credentials) will be addressed through the Dublin Police Service's permitting process. If the conditional use .2ermit is apprOved, the applicant must meet with the City of Dublin Police Services to discuss the process for Staining a massage establishment and services permit. Police services has reviewed the conditional use permit application and commented that the stated hours of operation are within normal business hours of surrounding businesses in the shopping center. General Plan/Specific Plan The General Plan designates the site within the Retail/Office Land Use Classification. This classification is intended to identify, create, maintain and enhance retail and office commercial centers. These centers are typically characterized by smaller scale pedestrian-oriented continuous street frontage with a mix of retail, professional offices, and eating and drinking places. The property is also located within the Village Parkway Specific Plan Area, which encourages commercial uses that are pedestrian-oriented and serve nearby neighborhoods. Expansion of an existing beauty salon to include massage and skin care services clearly conforms to the General Plan and Village Parkway Specific Plan in that it encourages business retention in the City. ENVIRONMENTAL REVIEW: The CaliforniaEnvironmental Quality Act (CEQA) Guidelines list those projects, whichare Categorically Exempt from environmental review. Section 15301 exempts minor alterations of existing facilities. This proposal, to operate a therapeutic massage establishment within an existing beauty salon will require minor interior and exterior alterations to an existing facility. Therefore, the project is considered categorically exempt from the A -ovisions of CEQA pursuant to Section 15301 (a) of the State CEQA Guidelines. CONCLUSION: --The proPosed extension of personal care services, including massage and skin care within an existing beauty alon will satisfy a community need for this type of services. The proposed layout of the new massage therapy room and adjacent personal service rooms in the beauty salon is generally harmonious and functional. The project is consistent with the General Plan, Specific Plan and Zoning Ordinance RECOMMENDATION: Staff recommends that the Planning Commission: 1. Adopt Resolution (Attachment 1) approving the Conditional Use Permit to establish a massage establishment within an existing beauty salon. ~.GENERAL INFORMATION: Property Owner: Applicant: Location: Existing Zoning: General Plan Designation: Fred Delanoy Delanoy Corporation. 2450 Grand Ave Oakland, CA 97540 Jennifer Livergood 7059 Village Parkway Dublin, CA 94568 7059 Village Parkway APN 941-205-01-1 C-2, General Commercial Zoning District Retail/Office REsoLUTION NO. 01 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 01-020 HAIRQUARTERS AND MORE CONDITIONAL USE PERMIT REQUEST TO OPERATE A MASSAGE ESTABLISHMENT WITHIN AN EXISTING TENANT OFFICE SPACE LOCATED AT 7059 VILLAGE PARKWAY. WHEREAS, the applicant Jennifer Livergo°d, of Hairquarters and More has requested approval of a Conditional Use Permit to establish a Massage.Establishment within an existing beauty salon located at 7059 and 7061 Village Parkway, within a C-2 General Commercial Zoning District. WHEREAS, the Planning Commission held a properly noticed public hearing on said application on August 14, 2001; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301 (a); and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that: The proposed use serves the public need by providing massage therapy and skin care services within an established beauty salon to provide residents within the surrounding area an opportunity to patronize these types of services in the City. Bo The proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because the proposed use creates no recognizable negative impacts and the proposed use will serve a public need by providing massage therapy services to the vast community of Dublin. g:~pa\01-020\ reso.doc ,, ,'I-'i'ACHMENT Do The proposed use will not be injurious to property or improvements in the neighborhood because the City of Dublin Police Services Dublin Regulations will be met. There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health, safety, and welfare, because no facilities will be altered, and no increase in public service demands will result from the proposed use. The subject site is physically suitable for the type, density and intensity of the use being proposed because the existing beauty salon is compatible with the surrounding uses. Nearby shops in this pedestrian-oriented shopping center include art galleries, specialty and novelty shops that provide specialty services to nearby residents, which are limited in the City. The proposed use will not be contrary to the specific intent established for the C-2 General Commercial Zoning District and the Dublin Downtown Specific Plan in which it is proposed because it is permitted with an approved Conditional Use Permit. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 01-020 Hair Quarters and More Conditional Use Permit request to establish a Massage Establishment within an existing beauty salon located at 7059 and 7061 Village Parkway, subject to the following conditions: CONDITIONS OF APPROVAL: Jnless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [BI Building, [PO] Police, [PW-I Public Works [ADM] Administration/City Attorney, [FIN] Finance, [FI Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. Prior to establishing the use, the applicant shall obtain the Massage Establishment Permit from the Dublin Police, shall submit evidence (copy) to the Community and Development Director and shall comply with the specific requirements in Chapter 4.20 of the Dublin Municipal Code. [PO, PL] The applicant shall comply with all applicable regulations and requirements of Dublin Building Department, Alameda County Fire Department, Dublin Police Services, Dublin Public Works Department, and Department of Community Development. [B, PL, F, PO] o All activities associated with the Massage Establishment shall be conducted entirely within the enclosed building. [PL] The applicant shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses. [PL, PO] gSpa\01-020\ reso.doc o On an annual basis, this conditional Use Permit approval shall be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. [PL This approval shall become null and void in the event the approved uses cease to operate for a one- year period. [PL] o This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. [PL, PO] PASSED, APPROVED AND ADOPTED this 14th day of August, 2001. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Community Development Director G/PA01-020/CUPRESO g:~pa\01-020\ reso.doc 3 VtL t ~,~E F~K I~W& Y ATTACHMENT AS.BUILT DIMMENSIONING --- NOT FOR CONSTRUCTION I z