HomeMy WebLinkAbout8.1 PLPA-2010-00012 Natural Health Care CenterOF Dp?lr?
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DATE:
TO:
September 28, 2010
Planning Commission
SUBJECT: PUBLIC HEARING - PLPA 2010-00012 Natural Health Care Center
Conditional Use Permit
Report prepared by Jamie Rojo, Assistant Planner
EXECUTIVE SUMMARY:
The Applicant has requested approval of a Conditional Use Permit for the operation of a
Massage Establishment and a Parking Reduction for Shared Parking at 7151 Amador Plaza
Road. Natural Health Care Center is an established and currently operating business within the
City of Dublin and is proposing to expand their services to also include massage therapy. The
expansion of the use will result in a parking deficiency of 7 spaces based on the current tenant
mix. Therefore, a parking reduction of 7 spaces is being requested in accordance with Chapter
8.76 (Off-Street Parking and Loading Regulations).
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 the public hearing
and deliberate; and 5) Adopt a Resolution Approving a Conditional Use Permit for the operation
of a Massage Establishment and for a Parking Reduction for Shared Parking at 7151 Amador
Plaza Road.
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COPIES TO: Applicant/Property Owner
File
GAPAM2010TI-PA-2010-00012 Natural Health Center Massage CUP\NaturalHealthPCStaff Report.doc
STAFF REPORT
PLANNING COMMISSION
R ewed By
Planning Manager
ITEM NO.: ?. 1
Page 1 of 7
PROJECT DESCRIPTION:
Background
The project site is located mid-block along Amador
Plaza Road to the north of Dublin Boulevard and to
the south of Amador Valley Boulevard, within an
existing 19,228 square-foot commercial building
located at 7151 Amador Plaza Road within
Amador Shopping Center. The property is zoned
PD, Planned Development (PA 02-005) and has a
General Plan Land Use Designation of
Retail/Office. Access to the project site is provided
by two driveways on Amador Plaza Road (see
Figure 1).
Natural Health Care Center is an established and
currently operating business within the City of
Dublin and offers acupuncture, cupping,
acupressure, foot reflexology and hand therapy
services and is seeking to expand their services to
include massage therapy.
The Downtown Core Specific Plan serves as the
Development Plan for the area. The Downtown Core Specific Plan sets forth the permitted,
conditional and temporary uses allowed within the Plan Area for new construction and
development and refers back to the former Zoning District for the continued use of existing
buildings. Natural Health Care Center would be occupying an existing building. Therefore we
refer back to the former Zoning District for the permitted, conditional and temporary uses. The
former Zoning District designation is C-2, General Commercial. Within the C-2 Zoning District,
Massage Establishments are permitted with the approval of a Conditional Use Permit by the
Planning Commission.
The City of Dublin Zoning Ordinance contains parking requirements by use type. A total of 78
spaces are required based on the existing and proposed tenant mix and the proposed
expansion of Natural Health Care Center results in a deficit of 7 spaces. The Zoning Ordinance
allows for a Parking Reduction for Shared parking.
The Applicant, Niya Xie, on behalf of Natural Health Care Center, has submitted an application
for a Conditional Use Permit to operate a Massage Establishment within a 1,923± sq aura-foot
tenant space and for a parking reduction for shared parking in the existing Amador Shopping
Center. Other tenants within the building currently include retail, restaurant, and personal
service uses.
ANALYSIS:
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 2).
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Figure 1. Aerial Map
Operating Characteristics
The Applicant is proposing to operate a Massage Establishment in a 1,923± square-foot tenant
space. The tenant space will consist of five massage rooms each varying in size from 65
square feet up to 90 square feet. Other rooms within the tenant space include a therapeutic
area, reception area, an open treatment area, two restrooms and a staff room (See Sheet CP-2
of Attachment 2). The main entrance and existing parking is located to the south side of the
building. No exterior modifications are proposed.
The Massage Establishment would operate from 10:00 a.m. to 9:00 p.m. seven days per week.
Conditions of Approval related to the operation of Natural Health Care Center are included in the
attached Resolution (Attachment 2).
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.
Parking Reduction for Shared Parking
The City of Dublin Zoning Ordinance contains parking requirements by Use Type (Section
8.76.080). A Massage Establishment is required to provide two spaces per massage station,
plus one space per 250 square feet of office.
Currently, Natural Health Center is required to provide four parking spaces for the existing office
and personal service uses. The proposed Massage Establishment is required to provide ten
parking spaces. Therefore, a total of fourteen spaces are required for Natural Health Care
Center as shown below in Table 1.
Table 1. Zoning Ordinance Parkin Requirements
Parkin Requirement Number of Spaces
2 spaces per massage station 5 stations 10
1 space per 250 square feet of office 818 s.f. 3
1 per 300 square feet of personal service 388 s.f. 1
Total Required for Natural Health Care Center 14
As previously mentioned, Chapter 8.76 of the Dublin Zoning Ordinance sets forth the parking
requirements for each use type. Not including Natural Health Care Center, a total of 64 spaces
are required for the existing tenants as shown in Table 2. As noted earlier, a total of fourteen
parking spaces are required for Natural Health Care Center in which ten of those fourteen
spaces are required for the proposed Massage Establishment as shown above in Table 1.
Therefore, a total of 78 spaces (64+14) are required to meet the parking demands of the
existing tenants and the proposed Massage Establishment as shown in Table 2 on the following
page.
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T?hla 9 7nninn Ordinanr_e Parkina Reauirements
Tenant Name Use Square Parking Requirement Spaces
Feet Required
Azteca Eating and Drinking 1200 1/100 sq. ft. 9
Taqueria Establishment
Togo's Eating and Drinking 2069 1/300 sq. ft. 15
Establishment
Famous Nails Personal Service 1400 1/300 sq. ft. 5
Elegant Door & General Retail 2800 1/300 sq. ft. 9
Window
Cigarette Store General Retail 1559 1/300 sq. ft. 5
Custom Retail Appliances 8200 1/400 sq. ft. 21
Fireplace &
Patio
Subtotal 64 Spaces
Natural Health Massage Establishment & 2 spaces per massage 14
Care Center Personal Service station, 1/250 sq. ft. of
office, 1/300 sq. ft. of
personal service
Total 78 Spaces
A total of 71 parking spaces are available on-site for the tenants at the Amador Shopping
Center. As noted above, a total of 78 spaces are required to meet the parking requirements of
the existing tenants and the proposed Massage Establishment resulting in a deficit of seven
parking spaces (78-71=7 parking spaces) to meet the parking requirements for existing tenants
and the proposed Massage Establishment.
Section 8.76.0505 of the Off-Street Parking and Loading Regulations allows for a Parking
Reduction for Shared Parking if a report by a registered traffic engineer can demonstrate that
the requirements below can be met:
1. The Conditional Use Permit findings can be made;
2. A sufficient number of spaces are provided to meet the greatest parking demands of the
participating use types and to ensure that there will not be a parking deficiency;
3. Satisfactory evidence is provided that the use types, by their natures and operating times,
will not conflict with each other;
4. Overflow parking will not adversely affect any adjacent use; and
5. Additional documents, covenants, deed restrictions, or other agreements as may be
deemed necessary by the Zoning Administrator are executed to assure that the required
parking spaces provided are maintained and that uses with similar hours and parking
requirements as those uses sharing the parking facilities remain for the life of the
documents, covenants, deed restrictions, or other agreements.
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In order to determine whether it is appropriate to allow a reduction in off-street parking, a
parking study was conducted by the City's Traffic Engineer (Attachment 3).
The parking study was conducted on Monday, July 26, 2010 during peak shopping center hours
at 1:30 p.m. and at 5:30 p.m. During these times, as indicated in the memo provided by the
City's Traffic Engineer, the parking lot was identified to be greatly underutilized, with more than
70 percent of the parking stalls unoccupied.
Based on the parking study, the City's Traffic Engineer determined that there is sufficient
parking available to accommodate the increase in parking demand associated with the
proposed massage services at the Natural Health Care Center (Attachment 3).
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The project site is designated Retail/Office in the General Plan and Commercial A in the
Downtown Core Specific Plan and is located in a PD, Planned Development Zoning District (PA
02-005) with an underlying zoning designation of C-2, General Commercial. The C-2 Zoning
District allows for the establishment of a Massage Establishment as a conditional use and is
consistent with the Retail/Office land use designation of the General Plan. With the approval of
a Parking Reduction for Shared Parking, the Project meets the requirements of the Off-Street
Parking and Loading Regulations contained within the Dublin Zoning Ordinance. A parking
study was prepared by a qualified traffic consultant affirming that a reduction in parking for
shared parking at Amador Shopping Center is appropriate based on the number of unoccupied
parking stalls during peak shopping center hours. Conditions of Approval have been applied to
the Project to ensure on-going compatibility between Natural Health Care Center and the
surrounding retail commercial and office uses.
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services
and Dublin San Ramon Services District reviewed the Project and provided Conditions of
Approval where appropriate to ensure that the Project is established in compliance with all local
Ordinances and Regulations including Building Code requirements. Conditions of Approval
from these departments and agencies have been included in the attached Resolution
(Attachment 2).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a Public Notice 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.
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).
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ATTACHMENTS: 1) Written Statement dated received April 14, 2010.
2) Resolution Approving a Conditional Use Permit for the
operation of a Massage Establishment and for a
Parking Reduction for Shared Parking at 7151 Amador
Plaza Road with the Project Plans dated received May
19, 2010 included as Exhibit A.
3) Public Works Memorandum dated July 27, 2010.
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GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSORS PARCEL
NUMBER:
GENERAL PLAN
LAND USE DESIGNATION:
SPECIFIC PLAN
LAND USE DESIGNATION:
ZONING:
SURROUNDING USES:
Niya Xie
Lydia Karpenko
7151 Amador Plaza Road
941-0305-032
Retail/Office
Downtown Core, Commercial A
Planned Development (PA 02-005)
LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF
PROPERTY
North Planned
Development
PD
Retail/Office
Retail
South PD Retail/Office Vacant
East PD Retail/Office Veterinary Office
West PD Retail/Office Retail
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