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HomeMy WebLinkAbout8.1 Attch 2 PC Reso CUP Natural Health Care CenterRESOLUTION NO. 10-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MASSAGE ESTABLISHMENT AND FOR A PARKING REDUCTION FOR SHARED PARKING 7151 AMADOR PLAZA ROAD (APN 941-0305-032) PLPA 2010-00012 WHEREAS, Niya Xie, the "Applicant", on behalf of Natural Health Care Center, has requested approval of a Conditional Use Permit to operate a Massage Establishment at 7151 Amador Plaza Road in a PD, Planned Development Zoning District also known as the Downtown Core Specific Plan Area; and WHEREAS, the Applicant has also requested approval of a Conditional Use Permit for a Parking Reduction for Shared Parking within the Amador Shopping Center; and WHEREAS, the Project consists of a 1,923 square-foot tenant space located within a multi- tenant commercial building; and WHEREAS, the tenant space would consist of five massage rooms, a therapeutic area, reception area, an open treatment area, two restrooms and a staff room; and WHEREAS, the Planning Commission is the reviewing body for a Conditional Use Permit request to operate a Massage Establishment; and WHEREAS, the Planning Commission is the reviewing body for a Parking Reduction for Shared parking, when accompanied by a permit which requires approval by the Planning Commission; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, Staff is recommending that the Project be found Categorically Exempt from the environmental review requirements of the California Environmental Quality Act (CEQA), State guidelines and City environmental regulations pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted describing the Project and recommending that the request be conditionally approved; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on September 28, 2010; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; and ATTACHMENT 2 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 find that: A. The proposed use and related structures, as conditioned, are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project is located in a multi-tenant building within a portion of the Amador Shopping Center which includes a mix of retail, restaurant, commercial and personal service uses; 2) the Project is accessible from Amador Plaza Road which is a fully improved and functional roadway; 3) the Project will be served by existing service facilities and will not generate or create an additional demand on services to be an adverse impact; and 4) the City Traffic Engineer's parking study determined that there is adequate parking to support the existing and proposed mix of tenants. 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 in that: 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; 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; and 3) there is a sufficient amount of parking to support the existing and proposed mix of tenants and parking will not overflow onto adjacent properties. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood in that: 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; 2) the Project has been further conditioned to ensure compliance with the City of Dublin Massage Establishment Ordinance; 3) a sufficient number of spaces is provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency and 4) Staff found that more than 70 percent of the parking spaces were available during peak shopping center hours. 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 in that: 1) the Project will occupy an existing commercial building that is connected to public water, sanitation, utilities and services 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 Amador Plaza Road and is required to comply with Title 24 for disabled accessibility. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) Conditions of Approval have been incorporated into the Project requiring that all activities associated with Natural Health Care Center be conducted entirely within the building; 2) the Project is allowed by the underlying C-2 2 of 8 (General Commercial) zoning to operate in this location with an approved Conditional Use Permit; 3) the Zoning Ordinance allows a Parking Reduction for Shared Parking; and 4) the Traffic Engineer has determined that a parking reduction for shared parking is warranted. F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) Conditions of Approval have been applied to the Project to ensure on-going compatibility with surrounding uses; 2) the Project, as conditioned, meets the development regulations for a massage establishment; and 3) the Applicant has requested approval of a Conditional Use Permit for a Parking Reduction for Shared Parking and adequate parking is available on the site to support the use. G. The proposed project, as conditioned, is consistent with the Dublin General Plan and any applicable Specific Plans in that: 1) the Project has a General Plan Land Use Designation of Retail/Office, is located within the Downtown Core Specific Plan with a Specific Plan Land Use Designation of Retail/Office, and is located within the C-2, General Commercial Zoning District. A Massage Establishment is conditionally permitted in the C-2 Zoning District which is consistent with the Retail/Office Land Use Designations for the site. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PLPA 2010-00012 Natural Health Care Center Conditional Use Permit for: 1) the operation of a Massage Establishment located at 7151 Amador Plaza Road, APN 941-0305-032; and 2) a Parking Reduction for Shared Parking subject to compliance with the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the 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. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL Approval. This Conditional Use Permit approval for PL On-going Planning PLPA 2010-00012 allows a Massage Establishment 1. for Natural Health Care Center located at 7151 Amador Plaza Road in the PD (Planned Development) Zoning District PA 02-005. The 3of8 project shall generally conform with the project plans received by the Planning Division on May 19, 2010 and written statement received April 14, 2010 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 Approval contained herein. Parking Reduction. This Conditional Use Permit PL/PW On-going Planning, approval for PLPA 2010-00012 also allows a Public Parking Reduction for Shared Parking of 7 spaces. Works 2 A parking study was completed for the proposed project which verified the acceptability of the parking reduction. The conclusions of the parking study, detailed in a memo dated 7/27/2010, are on file with the Community Development Department. Permit Expiration. Construction or use shall PL On-going DMC commence within two (2) years of Permit approval, 8.96.020. or the Permit shall lapse and become null and void. D Commencement of construction or use means the actual construction or use pursuant to the permit approval, or, demonstrating substantial progress toward commencing such construction or use. If 3. 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 according to the requirements of this Ordinance. Approval Period. This Conditional Use Permit PL On-going Planning approval shall be null and void in the event the 4. approved use fails to be established within one year, or ceases to operate for a continuous one- ear period. Annual Review. On an annual basis, this PL, PO On-going Planning Conditional Use Permit approval may be subject to 5 a review by the Community Development Department and/or Dublin Police Services to determine compliance with the Conditions of Approval. Revocation. This permit shall be revocable for PL On-going DMC cause in accordance with Dublin Zoning Ordinance 8.96.020.1 6. Section 8.96.020.1, 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 PL On-going DMC 7 this Conditional Use Permit a royal ma be 8.100.080 4 of 8 considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. Fees. The Applicant shall pay all applicable fees in Various On-going Various effect at the time of building permit issuance, including, but not limited to, Planning Fees, Building Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School 8. 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 improvements. 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 9. Owner 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 PL, PO On-going DMC 5.68 DMC Section 5.68, the Applicant and/or Property 10. Owner shall keep 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. 11. • Window Signs. Window signs shall be less than 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 5 of 8 Sign Program PA 07-033). Outdoor Events. Any outside events shall be PL On-going DMC subject to the Temporary Use Permit requirements 8.108.020 12 contained in the City of Dublin Municipal Code, specifically Section 8.108.020. Noise/Nuisance. The Applicant shall control all PL On-going Planning activities on the site so as not to create a nuisance 13. to the surrounding businesses and residents. No loudspeakers or amplified music shall be permitted to project or be laced outside the building. PLAN NING-PROJECT SPECIFIC Hours of Operation. The Hours of Operation for PL On-going Planning 14. the Massage Establishment shall be 10:00 a.m. - and DMC 9:00 .m., Monday through Sunday. 8.100.080 Use. All business must be conducted entirely within PL On-going DMC 15. the building per DMC Section 8.24.020. 8.24.020 Proof of permits. Prior to establishing the use, the PL Establishme Planning Applicant shall submit evidence (copies) to the nt of use 16. 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 construction shall conform to all building and fire Completion 17 codes and ordinances in effect at the time of building permit. 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 shall. clearly indicate how all 18. 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 Building Permits. Construction Drawings. Construction plans shall B Issuance of Building be fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and Permits 19 Proposed 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 6 of 8 Ian and details shall be consistent with each other. Addressing. Address will be required on all doors B Prior to Building leading to the exterior of the building. Addresses Occupancy 20 shall be illuminated and be able to be seen from the street, 5 inches in height minimum. Air Conditioning Units. Air conditioning units and B Prior to Building ventilation ducts shall be screened from public view Occupancy with materials compatible to the main building. Roof 21. mounted units shall be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Development. CASp. Applicant shall obtain the services of a B Prior to Building Certified Access Specialist for the review of the permitting construction drawing and inspections. A written and final report shall be submitted to the City prior to 22. 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 projects building permit is obtained after June 30, 2010. FIRE Building and Fire Codes. The project will need to F Issuance of Fire comply with the applicable Building and Fire Codes. Building 23 Site and Building plans shall be provided for review Permits and approval b the fire department. 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 2A10BC installed in a location that is visible and accessible to the 24 public and staff. The extinguisher must have been tagged by a licensed concern within the past year. 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 '/s to 6 feet to the top of the box. d) Please provide a deferred submittal heading for the modifications to the fire sprinkler system. 7of8 e) Please provide information regarding door hardware for the main and secondary exit doors. f) Please note the 2007 CFC in the code sections. POLI CE Security. The Project shall comply with all PO On-going Police applicable City of Dublin Non-Residential Security 25. Ordinance requirements, including but not limited to lighting within bathrooms, exterior lighting, and exterior doors. Massage Establishment Ordinance PO On-going DMC Requirements. The Project shall comply with all 4.20 26 applicable City of Dublin Massage Establishment Ordinance requirements. Massage Permit Required. No person shall act in PO Prior to DMC the capacity of masseur or masseuse without first Occupancy 4.20.260 having obtained a permit from the Chief of Police in and On- 27 accordance with the provisions of Chapter 4.20 going Massage Establishments and Services of the Dublin Municipal Code. Business License. A City of Dublin business PO On-going DMC 28. license shall be obtained and shall be kept current 4.04 at all times. PASSED, APPROVED AND ADOPTED this 28th day of September, 2010 by the following vote: AYES: NOES: ABSENT: ATTEST: Planning Commission Chair Planning Manager G: FAM20101PLPA-2010-00012 Natural Health Center Massage CUP 8 of 8