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Home My WebLink About03-15-1993 Item 8.4 93-002 Nail Emporium - Massage Establishment CUP TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 15, 1993 Planning Commission ~ ~ Staff CJl-C/ Cirelli, Associate Planner Planning Carol R. PA 93-002 Nail Emporium - Massage Establishment CUP PROJECT: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSOR PARCEL: PARCEL SIZE: GENERAL PLAN DESIGNATION: EXISTING ZONING AND LAND USE: SURROUNDING LAND USE AND ZONING: Conditional Use Permit request to allow a massage establishment use in a C-2-B-40, General Commercial Combining District. Carol Bonde Nail Emporium 6995 Dublin Boulevard Dublin, CA 94568 Fred Delanoy 3640 Grand Avenue #6 Oakland, CA 94610 6995 Dublin Boulevard 941-210-27-2 1.08+ acres Retail/Office C-2-B-40, General Commercial Combining District; general retail/commercial center North: Single Family Residential; R-1, S~ngle Family Residential District General Retail Commercial Center/Dublin Boulevard; C-2-B-40, General Commercial Combining District/Public Right-Of-Way South: ----------------------------------------------------------------- ITEM NO. M COPIES TO: Applicant Owner Address File PAGE -L OF -1L ZONING HISTORY: S-505: PA 83-078: PA 83-078.1: PA 85-023: PA 91-049: East: West: Alamo Canal Offices; C-2-B-40, General Commercial Combining District On March 6, 1974, the Alameda County Planning Director approved a Site Development Review request (Lange-Hilde) to construct an approximate 7,000 square foot retail building with landscaping and parking lot modifications. On February 9, 1984, the Dublin Zoning Administrator approved five Variance requests (Russell Schaeffer) to allow the construction of a 3,600 square foot, two story building located at 6997 Dublin Boulevard. On May 23, 1984, the Applicant (Russell Schaeffer) withdrew the Site Development Review request for the construction of a 3,600 square foot two story building located at 6997 Dublin Boulevard. On April 30, 1985, the Dublin Zoning Administrator denied four Variance requests (James Lange) to allow the construction of a 1,800 square foot building for an auto glass replacement facility located at 6997 Dublin Boulevard. This decision was appealed to the Planning Commission on May 3, 1985. On May 20, 1985, the Dublin Planning Commission denied the Applicant's (James Lange) appeal and upheld the Zoning Administrator action denying PA 85-023 (request for four Variances). On May 24, 1985, the Applicant (James Lange) appealed the Planning Commission's decision. On June 24, 1985, the Dublin City Council denied the Applicant's (James Lange) appeal and upheld the Planning Commission's action denying PA 85-023 (request for four Variances) . On July 22, 1991, the Dublin City Council initiated a Zoning Ordinance Amendment request (Veronica Krell - A Touch of Health) to allow a massage establishment use in a C-2, General Commercial District. -2- PAGE ?-. OF-1.L PA 91-049: On January 27, 1992, the Dublin City Council approved a Zoning Ordinance Amendment to define Massage Establishment and to allow a Massage Establishment as a conditional use in the C-N District, C-1 District and C-2 District. APPLICABLE REGULATIONS: Dublin Municipal Code Chapter 4.20 Massage Establishments and Massage Services regulates massage establishment and massage services uses. Section 8-21.14.2 defines Massage Establishment as an establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of "massage" described in the City of Dublin Municipal Code Chapter 4.20 Massage Establishments and Massage Services, Any establishment engaged in or carrying on, or permitting any combination of massage and bathhouse shall be deemed a massage establishment. Section 8-49.2n) establishes a Massage Establishment as a conditional use in the C-2 District. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: The project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15301, Class 1 of the State CEQA Guidelines. The project consists of the operation of a new massage establishment use in an existing commercial facility, involving a negligible expansion of the use beyond that previously existing. NOTIFICATION: Public Notice of the March 15, 1993 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant, Carol Bonde, owner of the Nail Emporium, is requesting Conditional Use Permit approval to allow the operation -3- PAGE ~ OF .-.1l. of a massage establishment use within the existing Nail Emporium facility at 6995 Dublin Boulevard, located in the C-2-B-40, General Commercial Combining District. A Zoning Ordinance Amendment that defines massage establishments and allows them as conditional uses in the C-N, C-1 and C-2 Districts was recently adopted by the City Council on January 27, 1992 (PA 91-049). According to this amendment, a Conditional Use Permit is required for the Nail Emporium massage establishment use. The massage therapist for the Nail Emporium, Ms. Rita Gifford, will conduct massage therapy Monday through saturday from 9:00 a.m. to 7:00 p.m. As a massage therapist, Ms. Gifford is certified to massage the entire body, including legs, arms and lower back. Both the Applicant and the massage therapist must comply with the Massage Establishments and Massage Services Ordinance requirements (Dublin Municipal Code Chapter 4.20). The Ordinance requires a massage therapist to obtain a massage permit from the Dublin police Department prior to conducting the massage therapy business. A separate massage permit is also required for the premises on which the operation of a massage establishment is to be conducted. As a condition of approval of Draft Resolution Exhibit B, the Applicant and massage therapist are required to obtain a massage permit with the police Department prior to establishment of the massage establishment use. Both the massage therapist and the Applicant have already applied for massage permits with the Police Department. The project is in compliance with the Dublin Zoning Ordinance and General Plan. The project is also consistent and compatible with the surrounding commercial and personal service type uses, especially the hair and nail salon in which the use will be located. A massage establishment is considered a personal service type use because it primarily provides personal improvement or appearance type services. The project has been reviewed by other City departments and government agencies, including the City Attorney, and their comments are included as conditions of approval in the Draft Resolution Exhibit B. Staff recommends approval of the Conditional Use Permit request to allow a massage establishment in the C-2-B-40, General Commercial Combining District, subject to the conditions of approval specified in the Draft Resolution Exhibit B. -4- PAGE~OF~ RECOMMENDATIONS: FORMAT: 1) 2) 3 ) 4) 5) Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Draft Resolution Exhibit B approving PA 93-002 Nail Emporium - Massage Establishment Conditional Use Permit, or give Staff and Applicant direction and continue the matter. Staff recommends that the Planning Commission adopt Draft Resolution Exhibit B approving the Conditional Use Permit for PA 93-002 Nail Emporium - Massage Establishment. ACTION: ATTACHMENTS: Exhibit A: Floor Plan Exhibit B: Draft Planning Commission Resolution approving the Conditional Use Permit for PA 93-002 Backqround Attachments: Attachment 1: Location/Zoning Map Attachment 2: Applicant's Written Statement -5- PAGE 5 OF J.L N Ct; \ E IY\ f'O ,\ \A '1Y\ .s:;.\OD\' <p\a.'<) 1, tJ 0- L -s; ee.i- RECEIVED ,JAN l' 1993 ~~sC) Dl;I.;,\~... ~'vd DUBLIN PLANNING q~.cO').... o fA Bt../ ~ 1St-II b. \)<)'\T"\ dO W::' ,--1--1+ I p.ec.e?i-\oY'\ I A reC\ I I -\ Ajoinin'] Deo('S +0 ) \'iai-r _ .Y:'Jbh ...-,,'r}~ )7 i I /1 I I I / !50' mClllicuf'\lIS Are.o. \ \ 71311 ~\c.un~.. RooYY\ 1'9" 7'3'1 h''i'' / I lC ' I ~:~ 7'3" i3 ", l.,l C\irl \<.oorn \ I ! Bred \<1 I' 1<,00"'"' ~ic:e., 11'9" I I 1 I 1 g '3" i \ L, l (ftell B'NI,) FccIC\ \ ~ tHASSIf6t; ))I(\S.Y"S~ /1'7", GSt1f-/j UJHIUIf~ Reo,"" I tD~noN I I '6',3 ,. wirxlow 2.(:)' EXHIBIT A PAGE ~ OF lL RESOLUTION NO. 93- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN --------------------------------------------------------------------- APPROVING PA 93-002 NAIL EMPORIUM - MASSAGE ESTABLISHMENT CONDITIONAL USE PERMIT REQUEST TO ALLOW THE OPERATION OF A MASSAGE ESTABLISHMENT IN THE C-2-B-40, GENERAL COMMERCIAL COMBINING DISTRICT, LOCATED AT 6995 DUBLIN BOULEVARD WHEREAS, Carol Bonde, Applicant, requests approval of a Conditional Use Permit to allow the establishment of a massage establishment use in an existing business (Nail Emporium), located in the C-2-B-40, General Commercial Combining District, at 6995 Dublin Boulevard; and WHEREAS, the Planning Commission held a public hearing on said application on March 15, 1993; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15301, Class 1 of the State CEQA Guidelines; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed project will serve a public need by providing massage therapy services to the general public in the City of Dublin. B. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible when compared to the type and nature of operations typically found in the neighborhood. C. The proposed use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. D. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. EXHIBIT 13 PAGE -.:L OF ~ E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 93-002 Nail Emporium - Massage Establishment Conditional Use Permit application as generally depicted by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of buildinq permits or establishment of use, and shall be subiect to Planning Department review and approval. The followinq codes represent those departments/agencies responsible for monitorinq compliance of the conditions of approval. [PL] Planninq, [B] Buildinq, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Douqherty Reqional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. 1. This approval is for PA 93-002 Nail Emporium - Massage Establishment Conditional Use Permit to allow a massage establishment in an existing nail and hair salon, located in the C-2-B-40 General Commercial Combining District, at 6995 Dublin Boulevard. This approval shall generally conform to the Site Plan (1 sheet) labeled Exhibit A, stamped approved and on file with the Planning Department, prepared by Carol Bonde, dated received by the Planning Department January 19, 1993. [PL] 2. Prior to establishing the use, the Applicant shall obtain a massage permit with the Dublin Police Department and comply with the massage requirements specified in Chapter 4.20 of the Dublin Municipal Code. [PO, PL] 3. Prior to establishing the use, the Applicant shall submit evidence to the Planning Department that the permit specified in Condition #2 has been obtained. [PL] 4. No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with the massage establishment shall be conducted entirely within the enclosed building. [PL] 5. The Applicant shall control activity so as not to create a public or private nuisance to the existing or surrounding businesses. [PL, PO] 6. On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [PL] 7. This approval shall become null and void in the event the approved use ceases to operate for a continuous one-year period. [PL] - 2 - ~~~~ 8. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to ci tation. [PL] PASSED, APPROVED AND ADOPTED this 15th day of March, 1993. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director - 3 - PAGE.::L OF ~ '-II J.J-J' 1.J J_'.' \'.NlIo~n"J (\"'"'. 6 l:JO"'lluno NIlHna ~O AlD 3Hl dVW 9NINOZ :lHl JO HVd V 'I~~ .'''_111.) ..........) .,...... -.....1 '.0 O~I .._.~..:'"' NOSdWOHl ffi ;~,;:;';. . VN IlNVS ...... "_,u,_,,,_l ~J.NI~ NIl110a oI 0 All::> 11 01Il'l,0'l"4 ,z :::J ' N~ 0= () c..-~ ;:..< fll DJI15 3J5 z ::; " :> " , ~ 0 ~ . ~ u :~ ~I; OE}~-: ~i~ ,:--' ~!;t9., .-~~, .....1 .... - t'<>C.~U'!.l ?Ib-see.:r /..DtATI',J Pit t:t 3 - () 0 ~ NAle.. f~'l)tluW\ -tMASSA&E 651'AWJHI/It ~ ~u..~ ~ 'liS bfA"'j, l/vJ. --' I , , I ',I \\ I' ,I \ II I II I \\ \ I , I I I , , , January 13, 1993 City of Dublin Planning Department 6500 Dublin Blvd., Suite D Dublin, CA 94568 Dear Planning Department: Therapeutic massage is one of the easiest ways of attaining and maintaining good health. It's long history as a healing therapy in alleviating a wide range of disorders can be readily applied to today's society. Benefits derived can include an increase in circulation, elimination of toxins, edema relief, a decrease in muscle contractions and spasms, promotes relaxation, fights allergies, pain, infections and degenerative diseases, is restorative after exercise, reduces tension and muscle swelling, and improves sleep. These attributes can be experienced by many avenues of society including babies, children, pregnant women, accident victims, people suffering from a degenerative disease, as well as men and women dealing with life's daily stresses. As the massage therapist for the Nail Emporium, Rita Gifford will be available for massage therapy between the hours of 9 a.m. and 7 p.m., Monday through Saturday. All products used are of a natural basis and are not harmful to either people or the environment. Rita's facility will be located in a well- established hair and nail salon which is within a Zoned C-2 District. Her clientele will encompass their patrons as well as referrals. Sincerely, ~ <OnrcV.- Carol Bonde Owner Nail Emporium 6995 Dublin Blvd. Dublin, CA 94568 RECEIVED JAN 1 9 190'.) (Octcl.'S (K:bl:~ 8\ucl DUBLIN PLANNING Ci::: -,,^ '7 AttadInInt $t PAGE -!L OF ..!.L