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HomeMy WebLinkAboutPCReso 99-18 PA99-006 Hands On Healing CUP RESOLUTION NO. 99 - 18 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 Parkway, 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 April 27, 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 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. 1 g:~pa\99-O06\ reso 2 The proposed use will not be injurious to property or improvements in the neighborhood because all Dublin Regulations will be met. 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. 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-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. 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] 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] All activities associated with the Massage Establishment shall be conducted entirely within the enclosed building. [CD] 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 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-O06\ reso 2 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 8.96.020.1, 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: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz l~lanning Commission ~hairperson g ATTEST: Community Development Director G/PA99-006/CUPRESO 3 g:',.pa\99-O06\ reso 2