HomeMy WebLinkAbout8.1 PA 09-028 Ruby Health Massage CUPAGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: December 8, 2009
SUBJECT: PUBLIC HEARING: PA 09-028 Ruby Health Massage -Conditional
Use Permit (Adjudicatory Action).
Report Prepared by Jamie L. Rojo, Assistant Planner
ATTACHMENTS: 1. Resolution approving a Conditional Use Permit to operate a Massage
Establishment located at 8933 San Ramon Road.
2. Written Statement dated received August 25, 2009.
3. Project Plans dated received October 8, 2009.
RECOMMENDATION: 1.
2.
3.
4.
5.
PROJECT DESCRIPTION:
Background
Receive Staff presentation;
Open the public hearing;
Take testimony from the Applicant and the public;
Close public hearing and deliberate; and
Adopt a Resolution approving a Conditional Use Permit to operate a
Massage Establishment located at 8933 San Ramon Road.
The Project site is located at the southeast corner
of Alcosta Boulevard and San Ramon Road
within an existing 14,377 square foot
commercial building located at 8933 San Ramon
Road within the San Ramon Village Plaza
shopping center. The property is zoned PD,
Planned Development (PA 02-063) and has a
General Plan Land Use Designation of Mixed
Use. Access to the Project site is provided by
one driveway on San Ramon Road and one
driveway located on Alcosta Boulevard.
Surrounding uses include residential, restaurant,
retail, and a gas station (see Figure 1).
COPIES TO: Applicant
Property Owner
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ITEM NO.
G: IPA#120091PA 09-028 Ruby Health Massage CUPIPC 12.8.091PCSR 12.8.09.doc
Figure 1. Aerial Map
The Applicants, Jian Chang Xie and Qi Zun Xiao, on behalf of Ruby Health Massage, have submitted an
application for a Conditional Use Permit to operate a Massage Establishment at 8933 San Ramon Road.
Ruby Health Massage would operate within a 1,049 square foot tenant space in the existing San Ramon
Village Plaza Shopping Center. Other tenants within the building currently include retail, restaurant, and
personal service uses.
ANALYSIS:
Conditional Use Permit
The use of the existing building is regulated by the PD zoning district (PA 02-063). Ruby Health
Massage would occupy a tenant space within an existing building and is therefore subject to the
requirements of the PD zoning district. Within the PD Zoning District, Massage Establishments are
permitted with the approval of a Conditional Use Permit by the Planning Commission.
The Conditional Use Permit process allows the City to place Conditions of Approval on the Project to
ensure that the operation of the proposed use is compatible with the surrounding uses. The proposed
Project has been reviewed for issues related to operating characteristics, parking, and project design.
Conditions of Approval have been proposed where appropriate to ensure compatibility (Attachment 1).
Operating Characteristics
The Applicants are proposing to operate a Massage Establishment in a 1,049 square foot tenant space.
The tenant space will consist of four massage rooms each approximately 109 square feet in size. Other
rooms within the tenant space would include a waiting area and two bathrooms (Sheet A2.0 of
Attachment 3). The main entrance and existing parking is located to the west side of the building. No
exterior modifications are proposed.
The Massage Establishment would operate from 11:00 a.m. to 9:00 p.m. seven days per week. Conditions
of Approval related to the operation of Ruby Health Massage are included in the attached Resolution
(Attachment 1).
Parking
The City of Dublin Zoning Ordinance (Section 8.76.080) establishes parking requirements by use type.
Massage Establishments have the following parking requirements:
Table 1. Zoning Ordinance Parking Reauirements
Parkin Re uirement Number of S aces
2 spaces per massa a station 8
1 space per 250 square feet of office 0
Total Re uired 8
Applying these parking standards to the proposed Massage Establishment, a total of eight spaces would
be required. Chapter 8.76 of the Dublin Zoning Ordinance sets forth the parking requirements for each
use type. A total of 77 spaces are required for the existing tenants as shown in Table 2 on the following
page. There is one vacant suite that was parked as a general retail use (i.e. 1 parking space per 300 square
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feet) in order to account for a future tenant. As previously stated, Ruby Health Massage requires 8
spaces. Therefore, a total of 85 spaces are required to meet the parking demands of the existing tenants
and the proposed Massage Establishment.
Table 2. Zoning Ordinance Parking Requirements
Tenant Use Square Parking Spaces
Name Feet Re uirement Re uired
Mountain Eating and Drinking 2955 1/100 sq. ft. 30
Mike's Pizza Establishment
Good Nail & Personal Service 3010 1/300 sq. ft. 10
Hair
Liquor Store Neighborhood Retail 2126 1/300 sq. ft. 7
Rulu's Eating and Drinking 980 1/100 sq. ft. 10
Ta ueria Establishment
Lumpia Eating and Drinking 1120 1/100 sq. ft. 11
House Establishment
Turkuaz General Retail 1049 1/300 sq. ft. 3
Market
Vacant General Retail 1846 1/300 sq. ft. 6
Subtotal 77 S aces
Ruby Health Massage Establishment 1049 (4 2 per massage 8
Massage massage station + 1/250
stations) office
Total 85 S aces
A total of 92 parking spaces are available on-site for the tenants at the San Ramon Village Plaza shopping
center. As noted above, a total of 85 spaces are required to meet the parking requirements of the existing
tenants and the proposed Massage Establishment resulting in a surplus of seven parking spaces.
Therefore, there would be adequate on-site parking to meet the parking requirements for existing tenants
and the proposed Massage Establishment.
Massage Establishment and Massage Services Permit
The Massage Establishments and Massage Services section of the Dublin Municipal Code (Chapter 4.20)
further regulates massage establishments. This chapter sets out provisions to ensure the health and safety
of customers and employees including employee licensing requirements, appropriate clothing, cleanliness
of the facility, separate men's and women's restrooms, inspections, etc. In accordance with this Chapter
of the Dublin Municipal Code, the Applicant is required to obtain a permit from Dublin Police Services to
ensure that the facility operates in conformance with the provisions of this Chapter. This project has been
reviewed in accordance with the provision of the Dublin Municipal Code and conditions of approval have
been applied to the project to ensure compliance.
CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE:
The Project site is designated Mixed Use in the General Plan and is located in a Planned Development
Zoning District (PA 02-063). The PD District allows for the operation of a Massage Establishment as a
conditional use and is consistent with the Mixed Use land use designation of the General Plan. The
Project meets the requirements of the Off-Street Parking and Loading Regulations contained within the
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Dublin Zoning Ordinance. Conditions of Approval have been applied to the Project to ensure on-going
compatibility between Ruby Health Massage and surrounding uses.
REVIEW BY APPLICABLE DEPARTMENTS AND AGENCIES:
The Public Works Department, Building Division, Dublin Fire Prevention, Dublin Police Services, and
Dublin San Ramon Services District have- all reviewed the proposed Project.. Conditions of Approval
from these departments and agencies have been included in the proposed Resolution (Attachment 1).
CONDITIONAL USE PERMIT FINDINGS:
In reviewing the request for a Conditional Use Permit for the operation of a Massage Establishment, the
Required Findings for a Conditional Use Permit (Section 8.100.060) were considered to ensure that all of
the Findings could be made. The draft Resolution for a Conditional Use Permit (Attachment 1} includes
statements affirming that the required Findings for each approval can be made in order to approve the
Project.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA) Staff is recommending that the Project be
found Categorically Exempt from CEQA in accordance with Section 15301 (Existing Facilities).
PUBLIC NOTICING:
In accordance with State law, a public notice regarding this hearing was mailed to all property owners and
occupants within 300 feet of the proposed Project. A public notice was also published in the Valley
Times and posted at several locations throughout the City. To date, the City has not received comments
or objections from surrounding property owners or tenants regarding the current proposal.
CONCLUSION:
Ruby Health Massage is requesting approval of a Conditional Use Permit for the operation of a Massage
Establishment at 8933 San Ramon Road. The proposed Ruby Health Massage Establishment has been
reviewed to ensure compatibility with surrounding uses. Based on a review of the application by all
applicable City Departments and Agencies, Conditions of Approval have been incorporated into the
Project. The proposed Project, as conditioned, is consistent with the Dublin General Plan, and the Zoning
District in which the Project site is located and represents an appropriate Project for the site.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing-and deliberate; and
5) Adopt a Resolution approving a Conditional Use Permit to operate a Massage Establishment located at
8933 San Ramon Road.
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GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
GENERAL PLAN
LAND USE DESIGNATION:
SPECIFIC PLAN/
LAND USE DESIGNATION:
ZONING:
SURROUNDING USES:
Jian Chang Xie & Qi Zun Xiao, Ruby Health Massage, 1606
11~' Avenue #17, Oakland, CA 94606
Bhupen Amin, Lotus Investments-Dublin, LLC, 1839
Ygnacio Valley Road, Walnut Creek, CA 94598
8933 San Ramon Road (APN 941-0164-003-09)
Mixed Use
N/A
PD, Planned Development (PA 02-063)
Location Zoning General Plan Land Use Current Use of
Pro e
Site PD, Planned Development Mixed Use Retail, Office, Eating
and Drinking
Establishments
North City of San Ramon City of San Ramon Gas Station, Retail
Commercial
South PD, Planned Development Mixed Use Medium Density
Residential
East Interstate 680 -- --
West R-1, Single Family Residential Single Family Single Family
Residential Residential
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