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HomeMy WebLinkAbout8.1 Attach 1 PC Reso CUPRESOLUTION N0.09-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE A MASSAGE ESTABLISHMENT (RUBY HEALTH MASSAGE) LOCATED AT 8933 SAN RAMON ROAD (APN 941-0164-003-09) PA 09-028 WHEREAS, Jian Chang Xie .and Qi Zun Xiao, the Applicants for Ruby Health Massage, have requested approval of a Conditional Use Permit to operate a Massage Establishment at 8933 San Ramon Road in a PD, Planned Development Zoning District; and WHEREAS, the Project consists of a 1,049 square foot tenant space located within an existing 14,377 square foot multi-tenant commercial building; and WHEREAS, the tenant space would include four massage rooms, two bathrooms, and a waiting area; and WHEREAS, the Planned Development zoning district (PA 02-063) classifies Ruby Health Massage as a Massage Establishment subject to a Conditional Use Permit in the PD zoning district; WHEREAS, the Planning Commission is the reviewing body for a Conditional Use Permit request to operate a Massage Establishment; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted Project plans dated October 8, 2009 and a Written Statement dated August 25, 2009; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain Projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, this Project is Categorically Exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted outlining the request and recommending that the request be conditionally approved; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on December 8, 2009; and ATTACHMENT 1 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; and WHEREAS, the Planning Commission has found that the proposed Project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following Conditional Use Permit findings for the operation of a Massage Establishment at 8933 San Ramon Road: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the proposed location of Ruby Health Massage is within a portion of an existing multi-tenant building which includes a mix of retail, restaurant and commercial uses; 2) the Planned Development Stage 1 and Stage 2 Development Plan for San Ramon Village Plaza (PA 02-063) states that a Massage Establishment use is permitted in the PD (Planned Development) Zoning District with approval of a Conditional Use Permit; and 3) the Project site is accessible from San Ramon Road and Alcosta Boulevard which area fully improved and functional roadways. B. The proposed use, as conditioned, 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 and will not be injurious to property or improvements in the neighborhood because: 1) the Project has been conditioned to require that all activities be conducted entirely within the existing building so as not to disturb surrounding businesses; and 2) the Project has been conditioned to require that prior to establishing the use, the Applicant shall submit evidence (copies) to the Community Development Department that the Massage Establishment and Massage Service Permits have been obtained from Dublin Police Services. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood because: 1) the Project has been conditioned to require building permits for all modifications to the tenant space to accommodate the massage establishment and to ensure that the Project complies with all applicable Building and Fire Codes; and 2) the Project has been further conditioned to ensure compliance with the City of Dublin Massage Establishment Ordinance. D. 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 because: 1) the Project will occupy an existing building that is serviced by all appropriate utilities and infrastructure and will not generate or create additional demand on services to be an adverse impact; and 2) the Project has adequate vehicular and pedestrian access from San Ramon Road and Alcosta Boulevard. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the existing roadway network leading to the site and the availability of existing on-site parking is adequate to serve the Project; 2) Conditions. of Approval have been incorporated into the Project requiring that all activities associated with Ruby Health Massage be conducted entirely within the building; 3) the Project is allowed by the existing PD zoning to operate in this location with an approved Conditional Use Permit; and 4) there is adequate on-site parking to meet the parking requirements for existing tenants and the proposed massage establishment. 2 F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development regulations, and performance standards established for the zoning district in which it is located because: 1) Conditions of Approval have been applied to the Project to ensure on-going compatibility with surrounding uses; 2) there is adequate parking available on the site to support the massage establishment use; 3) the Project will provide for the continued use of a tenant space that is currently vacant within an existing commercial building; and 4) the Project, as conditioned, meets the regulations for a massage establishment. G. .The approval of this Conditional Use Permit is consistent with the Dublin General Plan because: 1) the Project has a General Plan Land Use Designation of Mixed Use; 2) is located within a PD (Planned Development) Zoning District; and 4) a Massage Establishment is conditionally permitted in the PD Zoning District which is consistent with the Mixed Use Land Use Designation for the site. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PA 09-028 Ruby Health .Massage Conditional Use Permit to operate a Massage Establishment located at 8933 San Ramon Road, APN 941-0164-003-09 as generally depicted on the project plans dated received on October 8, 2009 and the written statement dated received on August 25, 2009. The Project approval shall be subject to compliance with the following Conditions of Approval for a Conditional Use Permit: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of building permits and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services;. [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency- When Required, Prior to: Source GENERAL Approval. This Conditional Use Permit approval for PA PL On-going Planning 09-028 allows the operation of a Massage Establishment for Ruby Health Massage located at 8933 San Ramon Road in the PD (Planned Development) Zoning District (PA 02-063). The project shall generally conform with 1. the project plans received by the Planning Division on October 8, 2009 and written statement received August 25, 2009 on file in the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of A royal contained herein. Permit Expiration. Construction or use shall commence PL On-going DMC within one (1) year of Permit approval, or the Permit shall 8.96.020.D lapse and become null and void.. Commencement of construction or use means the actual construction or use pursuant to the permit approval, or, demonstrating substantial progress toward commencing such 2. construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed accordin to the re uirements of this Ordinance. Approval Period. This Conditional Use Permit approval PL On-going Planning 3 shall be null and void in the event the approved use fails . to be established within one year, or ceases to operate for a continuous one- ear eriod. Annual Review. On an annual basis, this Conditional PL, PO On-going Planning Use Permit approval may be subject to a review by the 4. Community Development Department and/or Dublin Police Services to determine compliance with the Conditions of A royal. Revocation. This permit shall be revocable for cause in PL On-going DMC accordance with Dublin Zoning Ordinance Section 8.96.020.I 5. 8.96.020.I, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. Minor Amendments. Modifications or changes to this PL On-going DMC Conditional Use Permit approval may be considered and 8.100.080 6. approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zonin Ordinance. Fees. The Applicant shall pay all applicable fees in effect Various Building Various at the time of building permit issuance, including, but not Permit limited to, Planning Fees, Building Fees, Dublin San _ Issuance Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact ~ Fee, Dublin Unified School District impact fees, . Alameda County Fire Services fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing im rovements. Property Maintenance. Per the City of Dublin Non- PL On-going DMC Residential Property Maintenance Ordinance DMC 5.64.050 Section 5.64.050, the Applicant .and/or Property Owner 8. shall maintain the building, site and all signage in good condition at all times and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. Graffiti. Per the City of Dublin Graffiti Ordinance DMC PL, PO On-going DMC 5.68 9. Section 5.68, the Applicant and/or Property. Owner shall kee the site clear of graffiti vandalism at all times. Signage. PL Display DMC 8.84 • Temporary Promotional Signage. Prior to the display of any temporary signs, including banners, a Temporary Promotional Sign Permit must be applied for and approved. No banners, pennants or balloons (except where allowed pursuant to Chapter 8.84 of the Zoning Ordinance) shall be displayed on the site. • .Window Signs. Window signs shall be less than 10. 25% of the contiguous window area from which they are viewed. • A-Frame Signs. The use of any A-Frame, portable, or sandwich-board, signs is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited. • Master Sign Program. All wall and monument signs associated with the facility shall comply with the provisions of the Master Sign Program PA 07-033 . Outdoor Events. Any outside events shall be subject to PL On-going DMC 11 the Temporary Use Permit requirements contained in the 8.108.020 . City of Dublin Municipal Code, specifically Section 8.108.020. Noise/Nuisance. The Applicant shall control all activities PL On-going Planning , on the site so as not to create a nuisance to the 12. surrounding businesses and residents. No loudspeakers or amplified music shall be permitted to project or be placed outside the buildin . PLANNING-PROJECT SPECIFIC Hours of Operation. The Hours of Operation for the PL On-going Planning and 13. Massage Establishment shall be 11:00 am - 9:00 pm DMC Monda throu h Sunda . 8.100.080 14 Use. All business must be conducted entirely within the PL On-going DMC . buildin er DMC Section 8.24.020. 8.24.020 Proof of permits. Prior to establishing the use, the PL Establishment Planning Applicant shall submit evidence (copies) to the of use 15. Community Development Department that the Massage Establishment and Massage Service Permits have been obtained. BUIL DING Building Codes and Ordinances. All project B Through Building 16. construction shall conform to all building and fire codes Completion and ordinances in effect at the time of buildin ermit. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit seven (7) sets of Building construction plans to the Building Division for plan Permits check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations 17 shall clearly indicate how all Conditions of Approval will . or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of buildin ermits. Construction Drawings. .Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and proposed .Permits 18 conditions on site), and prepared and signed by a . California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape lan and details shall be consistent with each other. Addressing. Address will be required, on all doors B Prior to Building 19 leading to the exterior of the building. Addresses shall be Occupancy . illuminated and be able to be seen from the street, 5 inches in hei ht minimum. Air Conditioning Units. Air conditioning units and B Prior to Building ventilation ducts shall be screened from public view with Occupancy. materials compatible to the main building. Roof mounted 20. units shall be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Develo ment. CASp. Applicant shall obtain the services of a Certified B Prior to Building Access Specialist for the review of the construction permitting drawing and inspections. A written report shall be and final 21 submitted to the City prior to approval of the permit . application. In Addition, a written report shall be submitted to the City Inspector prior to scheduling the final inspection. This provision is enforceable if the ro'ects buildin ermit is obtained after June 30, 2010. FIRE Building and Fire Codes. The project will need to F Issuance of Fire 22 comply with the applicable Building and Fire Codes. Site Building , and Building plans shall be provided for review and Permits a royal b the fire de artment. Building Permit Plan Check Items. The following F Issuance of Fire items must be included with the building permit plan Building check set: Permits a) Show location, size, and type of address numbers to be installed on the front and rear of the space. b) Please show location, size, and type of fire extinguisher. Please note the extinguisher should be a minimum 2AlOBC installed in a location that is visible and accessible to the public and staff. The extinguisher must have been tagged by a licensed concern within the past year. 23 c) Please show location of Knox Box and indicate if . new or existing. Note the box should be mounted to the left or right of the main front door on the first non glass structural member at a height of 5 1/2 to 6 feet to the top of the box. d) Please provide a differed submittal heading for the modifications to the fire sprinkler system. e) Please provide information regarding door hardware for the main and secondary exit doors. f) Please note the 2007 CFC in the code sections. POLICE Security. The Project shall comply with all applicable PO On-going Police 24 City of Dublin Non-Residential Security Ordinance . requirements, including but not limited to lighting within bathrooms, exterior li htin ,and exterior doors. Massage Establishment Ordinance Requirements. PO On-going DMC 25. The Project shall comply with all applicable City of 4.20 Dublin Massa e Establishment Ordinance re uirements. Massage Permit Required. No person shall act in the PO Prior to DMC capacity of masseur or masseuse without first having Occupancy 4.20.260 26 obtained a permit from the Chief of Police in accordance and On-going . with the provisions of Chapter 4.20 Massage Establishments and Services of the Dublin Municipal Code. 27 Business License.• A City of Dublin business license PO On-going DMC . shall be obtained and shall be ke t current at all times. 4.04 PASSED, APPROVED AND ADOPTED this 8~' day of December 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G: IPA#120091PA 09-028 Ruby Health Massage CUPIPC 12.8.091PCReso_12.8.09.doc