HomeMy WebLinkAboutPC Reso 10-45 CUP Massage Est/PrkgReduction
RESOLUTION NO. 10- 45
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 "ApplicanY", 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
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 strucfures, as conditioned, are compatible with ofher 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 safefy 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 detrimenfal 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
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(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 consistenf 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
Develo ment Zonin District PA 02-005. The
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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 A roval 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 Communit Develo ment De artment.
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 eriod.
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
A roval.
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.
7 Minor Amendments. Modifications or changes to PL On-going MC
this Conditional Use Permit a roval ma be T87 0 .080
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considered and 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 shali 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
8. 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
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 re ular and continuous basis.
Graffiti. Per the City of Dublin Graffiti Ordinance PL, PO On-going DMC 5.68
10. DMC Section 5.68, the Applicant and/or Property
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 com I with the rovisions of the Master
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Si n Pro ram PA 07-033 .
Outdoor Events. Any outside events shall be PL On-going DMC
12 subject to the Temporary Use Permit requirements 8.108.020
contained in the City of Dublin Municipal Code,
s ecificall 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 ro'ect or be laced outside the buildin .
PLAN N ING-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., Monda throu h Sunda . 8.100.080
15. Use. All business must be conducted entirely within PL On-going DMC
the buildin er 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.
BUILDING
Building Codes and Ordinances. All project B Through Building
17 construction shall conform to all building and fire Completion
codes and ordinances in effect at the time of
buildin ermit.
Building Permits. To apply for Building Permits, B Issuance of Building
ApplicanUDeveloper 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 Buildin 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 En ineer. The site lan, landsca e
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lan and details shall be consistent with each other.
Addressing. Address will be required on all doors B Prior to Building
20 leading to the exterior of the building. Addresses Occupancy
shall be 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 Occupancy
with materials compatible to the main building.
21. Roof mounted units shall be permanently installed
on concrete pads or other non-movable materials to
be approved by the Building Official and Director of
Communit Develo ment.
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
ermit is obtained after June 30, 2010.
FIRE
Building and Fire Codes. The project will need to F Issuance of Fire
23 comply with the applicable Building and Fire Codes. Building
Site and Building plans shall be provided for review Permits
and a roval b the fire de artment.
Building Permit Plan Check Items. The following F Issuance of Fire
items must be included with the Building Permit Building
plan 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'/2 to 6 feet
to the top of the box.
d) Please provide a deferred submittal heading
for the modifications to the fire sprinkler
s stem.
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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 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
26 Requirements. The Project shall comply with all 4.20
applicable City of Dublin Massage Establishment
Ordinance re uirements.
Massage Permit Required. No person shall act in PO Prior to DMC
the capacity of masseur or masseuse without first Occupancy 4.20.260
27 having obtained a permit from the Chief of Police in and On-
accordance with the provisions of Chapter 4.20 going
Massage Establishments and Services of the Dublin
Munici al 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: King, Brown, Schaub, Wehrenberg, Swalwell
NOES:
ABSENT:
\
ATTEST:
PI nning Commi sion C air
Planning ager
G:IPA#120101PLPA-2010-00012 Natural Health Center Massage CUP
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