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HomeMy WebLinkAbout99-022 Loretta's Hair SalonCITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT for JUNE 22, 1999 SUBJECT: ATTACHMENTS: PUBLIC HEARING: PA 99-022, Loretta's Hair Salon, Massage Establishment Conditional Use Permit (Report Prepared by: Buzz Kalkowski, Assistant Planner) 1) 2) 3) 4) Project Plans (floor plan, site plan) Resolution approving the Conditional Use Permit, subject to conditions. Vicinity map Applicant's written statement RECOMMENDATION: 1) 2) 3) 4) 5) Open public hearing Receive staffpresentation and public testimony Question staff, applicant and the public Close public hearing Adopt Resolution (Attachment 2) approving the Conditional Use Permit request DESCRIPTION: The applicant, Loretta Green, owner of Loretta's Hair Salon, is requesting approval of a Conditional Use Permit to establish a Massage Establishment within an existing 1200 square foot tenant space at 7417 Amador Valley Boulevard. The sole person who will perform therapeutic massages is Cristy Alexander. Cristy Alexander is leasing the massage station room from Loretta Green, the owner of Loretta's Hair Salon. Cristy Alexander is applying for the Masseuses Permit (Dublin Municipal Code [DMC] Section 4.20.260) issued by the Dublin Police Services. Loretta Green is applying for the Massage Establishment Permit (DMC Section 4.20.080) issued by the Dublin Police Services. Normal business hours are to be maintained, never exceeding 8 PM. BACKGROUND: Surrounding Land Uses: The tenant space is located within a multi-tenant strip-center, commercial complex located at 7417 Amador Valley Boulevard, west and north of the Amador Valley Boulevard and Village Parkway Intersection. COPIES TO: Loretta Green, Applicant Robert Borello, Heritage Investments Project Planner PA File ITEM NO. ~ g:\pa99-022~Agenda A mix.of Residential, Retail Commercial and General Commercial uses characterizes the surrounding area. Various small retail shops and services are within the site complex, including a barbershop, nail salon, jewelry store, vacuum repair, laundromat, motorcycle shop, a neighborhood bar, and the hair salon that houses the massage establishment. The residential uses are single family homes to the north and are separated from the site complex by a continuous six-foot high fence. The AM PM Mini Market and the Jack In The Box Restaurant are to the east. The abandoned BP Station and Taco Bell are to the southeast. Oil Changers and Lucky's Pizza are to the south. 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 7417 Amador Valley Boulevard 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 Permit and Masseuses Permit (Massage Services Permit), requires the location to have a Massage Establishment Permit and that all masseurs or masseuses working within the Massage Establishment have a Masseur or Masseuse Permit from the Dublin Police Services (DMC Section 4.20.180). The applicant and the masseuse applied for the Massage Establishment and Masseur or Masseuse permits on June 10, 1999. The Conditional Use Permit approval precedes the issuance of the Massage Establishment Permit. The Massage Establishment Permit validates the Conditional Use Permit. 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 similar preparation 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 particular profession or business and holding a valid, uurevoked 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 decision maker 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-l, Retail Commercial Zoning District. g:\pa99-0022~Agenda Statement 2 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: 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 afJkct 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-1 Retail 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. ISSUES: The proposed Massage Establishment use at the 7417 Amador Valley Boulevard location presents no significant issues. The primary concern is legitimate massage therapy. This is primarily addressed by the Police Department issuance of the Massage Establishment and the Masseur/Masseuse Permits. Land Use Issues: Compatibility With Adjacent Land Uses: The proposed land use is compatible with adjacent uses because: · The tenant space is within an existing building complex. The tenant spaces within the existing building are a mix of mix of services, retail and the neighborhood bar uses. · The applicant operates a beauty salon within the existing complex. The salon has a single massage therapy room within the space. · The adjoining Residential uses are separated from the complex by a continuous six-foot high fence. · The remainder of the of the immediate neighborhood is a mix of commercial uses and the intersection of two major streets. · The stated hours of operation are within the normal working hours, never later than 8 PM. · 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. The conclusion is that the single massage therapy room within an existing beauty salon will not cause any recognizable changes within the neighborhood. Compatibility With Existing Traffic, Circulation and Parking: The proposed land use will not cause any recognizable traffic, circulation or parking issues because: · Only one therapeutic massage can be given at any one time limiting the number of vehicles that would be using the adjacent streets and the existing parking lot as result of a massage therapy. g:\pa99-0022~Agenda Statement 3 The access from and to the Amador Valley Boulevard is a safe distance from the Amador Valley Boulevard and Village Parkway Intersection. Amador Valley Boulevard, west bound only, is the complex's sole street access. The Massage Establishment use requires 2 spaces per massage station plus 1 per 250 square feet of office space (Section 8.76.080, D. Commercial Use Types). Only one massage table and room exist within the existing salon. No additional office space will be required because the Massage Establishment is within an existing beauty salon. Therefore, only two additional parking spaces are required. The existing 89 parking spaces should accommodate the two required spaces. OTHER DEPARTMENTAL REVIEW: Dublin Building, Fire, Community Development, Police and Public Works Departments reviewed the project. 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 conditions to determine if the land use is appropriate for a specific site. Staff finds the proposed Loretta's Hair Salon, 7417 Amador Valley Boulevard, Massage Establishment land use is an appropriate Conditional Use given its location within an established commercial complex. The complex has adequate access, on-site parking and circulation. RECOMMENDATION: Staff recommends the Planning Commission open the public hearing, receive staff presentation and public testimony, question staff, applicant and the public, close the public hearing and Adopt Resolution (Attachment 2) approving the Conditional Use Permit request. g:\pa99-0022~Agenda Statement 4 GENERAL INFORMATION: APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: DOWNTOWN SPECIFIC PLAN: GENERAL PLAN DESIGNATION: ENVIRONMENTAL REVIEW: Loretta Green 7417 Amador Valley Boulevard Dublin, CA 94568 Robert Borello Heritage Investments Saratoga, CA 95070 P. O. Box 3102 7417 Amador Valley Boulevard (APN 941-175 -21-8) PD 1435ZU, C-l, Retail Commercial Zoning District Retail/Office & Automotive Retail/Office 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. The proposed use is to be within an existing commercial structure with adequate parking and access. The therapeutic massage will not create any public nuisances. g:\pa99-0022~Agenda Statement 5 tflZl:l,lz ,I ATTACHMENT RESOLUTION NO. 99 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 99-022 LORETTA'S HAIR SALON CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MASSAGE ESTABLISHMENT WITHIN A 1200 SQUARE FOOT RETAIL TENANT SPACE LOCATED AT 7417 AMADOR VALLEY BOULEVARD. WHEREAS, the Applicant Lomtta Green, Loretta's Hair Salon, has requested approval of a Conditional Use Permit to establish a Massage Establishment within a 1200 square foot retail tenant space located at 7417 Amador Valley Boulevard, within a C-1 Retail 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 Loretta's Hair Salon 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 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 June 22, 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 herein above 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 retail and commercial land uses, transportation and service facilities located at 7417 Amador Valley Boulevard 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 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 general public in the City of Dublin. 3. The proposed use will not be injurious to property or improvements in the neighborhood because all Dublin Regulations will be met within the conditions herein. ATTACHMENT k 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. Public service demands resulting from the use will be negligible. 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. The proposed use will not be contrary to the specific intent clauses or performance standards established for the C-1 Retail Commercial Zoning District in which it is to be located because it is permitted with an approved Conditional Use Permit. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the Dublin Downtown Specific Plan because the proposed use is a Conditional Use permitted within the General Plan Zoning District for the area. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 99-022, Loretta's Hair Salon, Conditional Use Permit request to establish a Massage Establishment within a 1200 square foot retail tenant space located at 7417 Amador Valley Boulevard, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all conditions of approval shall be complied with prior to the 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, [BI 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. In addition, the applicant shall comply with the specific requirements in Chapter 4.20 of the Dublin Municipal Code, including the requirement that only people with Masseur/Masseuse Permits may engage the practice of massage. It is not a requirement for barbers and cosmetologists, lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state of California, to have Masseur/Masseuse Permits. [PO, CD] 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] 2 g:\pa\99-022\Resolution 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] On an armual 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] 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 22th day of June, 1999. AYES: NOES: ABSENT: Cm. Jermings, Johnson, Hughes, Musser, and Oravetz Planning Commission Chairperson ATTEST: Community Development Director G/PA99-022CU PRESOLUTION g:\pa\99-022\Resolution 3 ASSESSOR'S MAP 941 17~ TRACT 2245 (e~.44 Pg. 47to51) Cooke Area Nos.26-O01 [76 176 ATT ENT- Written Statement For Conditional Use Permit A. I will offering a professional massage therapist to the city of Dublin. B. There will no employees as the therapist will be an independent contractor. C. The hours for massage will be normal business hours, never later than 8:00 PM D. No specific segment of the community will be targeted. E. The massage therapist will benefit the city of Dublin by: · reducing stress of people in the community boosting the immune system facilitating a more restful sleep people will be less susceptible to injury by keeping the muscles looser and in better condition · increasing the productivity of employees decreasing sick days of employees by helping reduce neck and back pain which is one of the number one cause of lost work days · will aid in the rehabilitation process of accident victims and work comp. cases decreasing scar tissue in old injuries increase range of motion · decrease pain in people with arthritis, diabetes, aids and other diseases keeping muscles toned in those who are bed ridden or paralyzed · will also bring additional tax money to the City of Dublin as well as out of city patrons to local business F. in no way will this business disrupt the peace of surrounding residents or businesses. G. This business will not have any negative effects on the health or safety of the people residing or working in the area. H. This business will not create any negative impact on the property, transportation or existing improvements in the neighborhood because no exterior changes will be made and there will be minimal traffic impact. G. This business is not located on a hazardous waste or substance site. The following statement is given by Cdsty Alexander, Massage Therapist: I feel I will be asset to the City of Dublin because I truly love what I do and have experienced first hand the benefits of my type of work. Having been in a car accident and having received massage, my recovery time was cut in half, my symptoms were less severe and I needed less medication to control pain. Also being a migraine sufferer, I have found much relief in massage again needing less medication to control pain. Massage encourages a healthy life style as we educate the public that to be healthy you must maintain a healthy lifestyle. Nutrition, exercise, stretching and an increase in water play a vital role in what we as therapists do. I enjoy helping people become healthy as well as maintain their health through my work and helping to educate in these other areas. Eastern medicine has known the benefits of massage for years and Western medicine has begun their own studies as to the benefits and now many Doctors work with therapists. I have enjoyed bringing a more natural approach to the people of the Bay Area for over two years I hope you will approve my application and look forward to sharing this approach and it's benefits with the City of Dublin. ATTACGMENT