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HomeMy WebLinkAboutPCReso 97-13 PA97-017 Arcelon Day Spa CUPRESOLUTION NO. 97-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 97-017, ARCELON DAY SPA & SALON CONDITIONAL USE PERMIT WHEREAS, Jesse Arceneaux, owner of Arcelon Day Spa & Salon, filed an application for Conditional Use Permit approval to allow for a massage therapy use (massage establishment) as an additional service to the existing business, located at 6902 Village Parkway; and WHEREAS, the Planning Commission held a public hearing on said Conditional Use Permit applicati,on on June 24, 1997; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15301, Class tilt: State CEQA Guidelines; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planlfing 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 Planning Commission of tile City of Dublin does hereby find that: The proposed inassage therapy use will serve the public need by providing an additional service within the day spa & salon that will enhance the health and well being of its clientele. The proposed massage therapy use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will operate within the existing day spa & salon and will be compatible with the surrounding retail and service commercial uses. The proposed use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements ill the neighborhood, as all applicable regulations and Conditions of Approval will be met. The proposed use will ,lot be contrary to the specific intent clauses or performance standards establish,.:~ for the District in which it is to be located in that conditions have been applied to ensure conformance with the applicable zoning and municipal code regulations, and the use is consistent with the character of the surrounding area. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the Downtown Specific Plan. BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does hereby conditionally approve PA 97-017, Arcelon Day Spa & Salon Conditional Use Permit application as generally depicted by the plata labeled Exhibit A, stamped approved and on file with the Dublin Community Development Department, subject to the following conditions and restrictions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with and shall be subject to Community Development Department review and approval. The following codes represent those departments/agencies responsible for ~nonitoring compliance of the conditions of approval. [PL] Planning, [BI Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County. This Conditional Use Permit approval is to allow a massage therapy use (massage establishment) xvithin an existing 2,000 square foot day spa & salon, located at 6902 Village Parkway. The location of the massage therapy use shall be as shown on the approved Floor Plan Layout, labeled Exhibit A. [PL] Prior to establishing the use, the owner of the day spa & salon and any massage therapist(s) shall obtain massage permits from Dublin Police Services and shall comply with the massage requirements specified in Chapter 4.20 of the Dublin Municipal Code. [PO] Prior to establishing the use, the owner of the day spa & salon and the massage therapist(s) shall submit evidence to the Planning Department that the permits specified in Condition #2 above have been obtained. [PL, PO] The owner of the day spa & salon shall control all business activity so as not to create a public or private nuisance to the existing or surrounding businesses. [PO, PL] The massage therapy use shall operate only within the day spa & salon facility in the location shown on Exhibit A and shall provide services during normal business hours of the day spa & salon. [PO, PL] Expansion, relocation or modification of the massage therapy use within the day spa & salon may be considered by the Community Development Director, if the expansion, relocation or modifications comply with Sections 8-94.2 of the Zoning Ordinance. [PL] The massage therapy use shall operate in compliance with the Conditions of Approval of this use peru. ~ Any violation of the terms or conditions of this permit may be subject to enforcement action. The peri · it shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. [PL] PASSED, APPROVED AND ADOPTED this 24th day of June, 1997. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Hughes, and Oravetz Cm. Fasulkey /~/~{/ff~/~.~ 151arming (~o~n missionl~airperson ATTEST: Co(n,~u-ni[y DevelOpment Directt~r'