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Home My WebLink About99-006 HandsOnHealingTherapiesAGENDA STATEMENT PLANNING COMMISSION MEETING DATE: APRIL 27, 1999 SUBJECT: PUBLIC HEARING: PA 99-006 Hands On Healing Therapies, Conditional Use Permit (Report Prepazed by: Buzz Kalkowski, Assistant Planner) ATTACHMENTS: 1) Project Plans (site plan, building plan, tenant office plan) 2) Resolution approving the Conditional Use Permit, subject to conditions. 3) Vicinity map 4) Applicant's written statement RECOMMENDATION: 1) 2) 3) 4) 5) Open public heazing Receive staff presentation and public testimony Question staff, applicant and the public Close public heazing Adopt Resolution (Attachment 2) approving the Conditional Use Permit request DESCRIPTION: The applicant, Maria Teresa Shehata of Hands On Healing Therapies, is requesting approval of a Conditional Use Permit to establish a Massage Establishment within an existing 144 squaze foot office at 7000 Village Pazkway in Suite # 6. The applicant is the sole person who will perform therapeutic massages. There will be no employees. The hours of operation will be 9 AM to 8 PM, Mondays through Fridays, 9 AM through 5 PM Saturdays, closed Sundays. BACKGROUND: Zoning & General Plan: Zoning District C-2, General Commercial. General Plan Designation is Retail/Office & Automotive. Surrounding Land Uses: The tenant space is located within amulti-tenant office building that is located at the west end of the Village Pazkway and Lewis Avenue Intersection. The surrounding azea is chazacterized by a mix of general commercial uses including small offices spaces within the 7000 Village Parkway complex, Casper's Hot Dogs, the U.S. Post Office, Midas Muffler Shop, Corwood's Caz Wash and the Pazkway Center. Public Notification: In accordance with State law, a public notice was mailed to all property owners within 300 feet of the proposed project and to all the tenants within the 7000 Village Pazkway complex and to all tenants on all contiguous properties, to advertise the project and the upcoming public hearing. A public notice was also published in the Tri-Valley Herald and posted at several locations throughout the City. Applicable Municipal Code and Zoning Ordinance Regulations: 1) Dublin Municipal Code, Chapter 4.20, Massage Establishments and Massage Services, requires a massage therapist to obtain a Massage Establishment Permit and a Massage Services Permit from the Dublin Police Department. The applicant has applied for both the Chapter 4.20 Massage Establishment and Massage Services permits. The Massage Services Permit was issued Mazch 24, 1999, and the COPIES TO: Maria Teresa Shehata, Applicant Manjit & Kuldeep Sidhu, Property Owner ITEM NO. $ . / g:\pa99-006\pcsr2 Massage Establishment permit will be issued upon the applicant receiving the required Conditional Use Permit approval. 2) Zoning Ordinance regulations governing Massage Establishments are as follows: 8.08.020 Definitions (A-Z) Massage. The term Massage shall mean any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similaz prepazation commonly used in this practice. (Municipal Code. Chapter 4.20.10) Massage Establishment (use type). The term Massage Establishment shall mean any 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 included in the definition of "Massage". Any establishment engaged in or carrying on, or permitting any combination of massage and bathhouse shall be deemed a massage establishment. A Conditional Use Permit shall not be required for a Massage Establishment if it is located within a hospital, nursing home, or sanitarium, or for persons holding an unrevoked certificate to practice the healing arts under the laws of the State of California, or persons working under the direction of any such persons in any such establishments, nor shall it be required for barbers or cosmetologists lawfully carrying out their particulaz profession or business and holding a valid, unrevoked license or certificate of registration issued by the state of California. 8.12.050 Permitted and Conditionally Permitted Land Uses. The following "Land Use Matrix" lists the permitted and conditionally permitted Use Types, as defined in Chapter 8.08, Definitions, in each Zoning District, and the decisionmaker authority: The Commercial Use Types matrix, under the above quoted section, states that a Message Establishment requires a Conditional Use Permit, approved by the Planning Commission, for a C-2, General Commercial Zoning District. ANALYSIS: CONDITIONAL USE PERMIT The purpose of a Conditional Use Permit is to determine whether the proposed use is appropriate for the site and if conditions of approval are required. Issues that are commonly addressed include access to the site, land use compatibility and site design. The Planning Commission must make the following findings before a Conditional Use Permit may be granted: 2. 3. 4. 5. 6. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity 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; The proposed use will not be injurious to property or improvements in the neighborhood; There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare; The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed; The proposed use will not be contrary to the specific intent clauses or performance standards established for the C-2 General Commercial Zoning District in which it is to be located and; The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. g:\pa99-006\pcsr2 ISSUES: The proposed Massage Establishment use at the 7000 Village Parkway location presents no significant issues. The primary concern is legitimate massage therapy. This is primazily addressed by the Police Department issuance of the Massage Establishment and the Massage Services Permits. Land Use Issues: Compatibility With Adjacent Land Uses: The tenant spaces within the building complex are office uses except for one barbershop. The tenants on the contiguous properties aze general commerciaUoffice mix and the U.S. Postal Service, as stated above under Background: Location. The applicant states that she will be the sole massage therapist and that she will perform therapeutic massage to one person at a given time. Therapeutic massage practice is characterized by a lack of noise. The proposed use will be compatible with surrounding uses and will minimize nuisances (see below). Noise/Nuisances: The stated hours of operation aze within the normal waking hours. Conditions of Approval Number Four within the recommended resolution requires the applicant conduct all business activities so as not to create any public or private nuisance. Traffic, Circulation and Parking: Given that one therapeutic massage can be given at any one time, the proposed Massage Establishment use should not generate any significant traffic. The access to the 7000 Village Parkway complex is controlled by the Village Parkway and Lewis Avenue Intersection traffic light. The Massage Establishment use requires 2 spaces per massage station plus 1 per 250 squaze feet of office space (Section 8.76.080, D. Commercial Use Types). The office space has approximately 144 squaze feet of area. The maximum requirement of 3 parking spaces should be adequately met by the 7000 Village Parkway complex's 70 pazking spaces. OTHER DEPARTMENTAL REVIEW: The project has been reviewed by Dublin Building, Fire, Community Development, Police and Public Works Departments. No concerns or issues were raised. ENVIRONMENTAL REVIEW: This project has been found to be Exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3). It can be seen with certainty that there is no possibility that the project may have an impact on the environment because the proposed project would be located on a currently developed site within an existing retail/office complex and because the traffic impacts generated by the project would be negligible. CONCLUSION: The Conditional Use Permit Application process evaluates proposed projects in relation to certain criteria and subject to conditions to determine if the project is appropriate for a specific site. Staff finds the proposed Massage Establishment land use operation of the Hands On Healing Therapies at 7000 Village Pazkway, Suite # 6, is appropriate given its location within an established commercial complex, which has adequate access, on-site pazking and circulation. RECOMMENDATION: Staff recommends the Planning Commission conduct an open public heazing, receive staff presentation and public testimony, question staff, applicant and the public, close the public heazing and Adopt Resolution (Attachment 2) approving the Conditional Use Permit request. g:\pa99-006\pcsr2 3 GENERAL INFORMATION: APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: GENERAL PLAN DESIGNATION: ENVIRONMENTAL REVIEW: g:\pa\99-006\pcsr2 Maria Teresa Shehata 7590 Rosedale Court Pleasanton, CA 94588 Manjit & Kuldeep Sidhu 7000 Village Parkway, Suite # 8 Dublin, CA 94568 7000 Village Pazkway, Suite # 6 (APN 941-0210-006-00) C-2 General Commercial Zoning District RetaiUOffice and Automotive This project has been found to be Exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3). It can be seen with certainty that there is no possibility that the project may have an impact on the environment. 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"~ '~ W yT~' _ Lr a c-~ a r (~ ~1 ~I ~ . .~ ~ ~ ~ ~ ~ 02 W '- , V ~ Z ~~ nn JI J Q ~ v _ `L Il- 2 o ~ O ~ ~ ~ O v d i 0 ~Q~J3d?- ' ~ ~ ~f "3 2 ~ _ a '~ - .a ~~~ Ns b ~ ," , ~ . ,,'/, ~~ tii N,i sn~-y ~~ , y `~ n~ 9 Mi~!3H ~ 3 0 ~- ~~- _. V eat ~ c~ .Q ~ tt! ~,r, ~ - ~-- ~ t a _~, ~ ~ __ n ~ ~~ ~ ~ ~~ ~_ ~_ r 3 0 a z 3 ~5 O RESOLUTION NO. 99 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 99-006 HANDS ON HEALING THERAPIES CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MASSAGE ESTABLISHMENT WITHIN A 144 SQUARE FOOT TENANT OFFICE SPACE LOCATED AT 7000 VILLAGE PARKWAY, SUITE # 6. WHEREAS, the Applicant Maria Teresa Shehata, of Hands On Healing Therapies has requested approval of a Conditional Use Permit to establish a Massage Establishment within a 144 square foot tenant office space located at 7000 Village Pazkway, Suite #6, with C-2 General Commercial Zoning District. 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 Hands On Healing Therapies Conditional Use permit is found to be exempt under Section 15061.b.3. It can be seen with certainty that there is no possibility that the project may have an impact on the environment because the proposed project would be located on a currently developed site within an existing retail/office complex and because the traffic impacts generated by the project will be negligible. WHEREAS, the Planning Commission held a properly noticed public hearing on said application on Apri127, 1999; and WHEREAS, the Staff Report was submitted recommending that the application be approved; 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. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that: The proposed use is compatible with other land uses, transportation and service facilities in the vicinity because it is appropriate with existing office, commercial, and retail land uses, transportation and service facilities located at 7000 Village Parkway and vicinity. 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 welfaze 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 general public in the City of Dublin. 9:aa~99-oos~ ~e5o 2 ATTACHMENT a 3. The proposed use will not be injurious to property or improvements in the neighborhood because all Dublin Regulations will be met. 4. There are adequate 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 physical facilities, of consequence, will be altered, and because no increase in public service demands will result from the use. 5. The subject site is physically suitable for the type, density and intensity of the use being proposed because the existing building housing the proposed use currently has office uses and one barbershop, and the traffic and parking demands generated by the proposed use will be insignificant. 6. The proposed use will not be contrary to the specific intent clauses or performance standards established for the C-2 General Commercial Zoning District and the Dublin Downtown Specific Plan in which it is to be located because it is permitted with an approved Conditional Use Permit. 7. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan because the proposed use is a Conditional Use permitted with the General Plan Zoning District for the area. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 99-006 Hands On Healing Conditional Use Permit request to establish a Massage Establishment within a 144 square foot tenant office space located at 7000 Village Parkway, Suite #6, subject to the following conditions: CONDITIONS OF APPROVAL: Unless 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 Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval [CD] Community Development, [B] Building, [PO] Police, [F] Fire. Prior to establishing the use, the applicant shall obtain the Massage Establishment Permit from the Dublin Police, shall submit evidence (copy) to the Community Development Department, and shall comply with the specific requirements in Chapter 4.20 of the Dublin Municipal Code. [PO, DC] 2. 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, CD, F, PO] 3. All activities associated with the Massage Establishment shall be conducted entirely within the enclosed building. [CD] 4. The applicant shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses. [CD, PO] 5. On an annual basis, this conditional Use Permit approval shall be subject to a Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [CD] 2 g:\pa\99-006\ reso 2 6. This approval shall become null and void in the event the approved uses ceases to operate for a continuous one-year period. [CD] This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 8.96.020.I, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. [CD, PO] PASSED, APPROVED AND ADOPTED this 27th day of April, 1999. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director G/PA99-006/CUPRE50 g:\pa\99-006\ reso 2 .~ ~ Existing Study Intersections XXX Existing ADT XXX- 2010ADT (No Improvements) .% Future Study IntxaecUona XXX 2D70 ADT (with 7SF Improvements) ___. Future Streets ^^ North Not tD Scale City of Dub in ~-~~~-~ ~~-~ ~ Figure Downtow Traffic pact Fe ATTACHMENT 5 Future Daily raffic Volumes (2010) in-0sz -ass - ~ WRITTEN STATEMENT/HANDS ON HEALING THERAPIES a.Type of business: office to perform therapy in the form of massage. b.No other employee, only the owner. c.Hours of operation: 9:OOam-8:OOpm M-F; 9:OOam-S:OOpm Saturday. Closed on Sundays. d.Therapy can be performed on any individual: child, adult, senior; of any gender or culture, for the sole purpose of relieving chronic pain and stress; correcting muscle dysfunction, improving joint mobility, etc. e.The comunity will benefit by receiving a therapy that can make them feel physically and mentally more relaxed, and more in tune with their body's wellness; and by the contributions in the form of fees and taxes derived from my business. f.The therapy is performed on one person at the time. There will be no factors affecting the surrounding residents or businesses. g.The business will not create any negative impact on property, transportation systems, or existing improvements in the neighborhood. Massage therapy is used to improve the quality of the physical and mental aspects of the body. Persons receiving the therapy will be in a safe environment. No safety issues should impact the community. Massage therapy is considered and widely recognized as a complement to medical treatments for different conditions of the body. It is in no way for entertainment purposes, it assists the o healing by relieving chronic pain & stress, correcting muscle dysfunction, improving joint mobility, etc. h . M.~ O I - ti c i /-s.vc ~~~ o n 7 F by : ic~`- MARI -RESA._SHEHATA/OWNER OF HANDS ON HEALING THERAPIES ATTACHMENT '1