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HomeMy WebLinkAboutPCReso 94-31 PA94-046 Cuttin'Up Massage CUP RESOLUTION NO. 94 - 031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 94-046 CUTTIN' UP SALON MASSAGE ESTABLISMMENT CONDZTZONAL USE PERMIT TO ALLOW THE OPERATION OF A MASSAGE ESTABLISHMENT WITHIN AN EXISTING BEAUTY SALON FACILITY LOCATED AT 6982 VILLAGE PARKWAY W~EREAS, Linda Marie Peixoto, Applicant and owner of Cuttin' Up Salon, requested approval of a Conditional Use Permit to allow the operation of a massage establishment use within the existing beauty salon, located at 6982 Village Parkway; and W~EREAS, the Planning Commission held a public hearing on said application on November 7~ 1994; and W~EREAS, proper notice of said public hearing was given in all respects as required by law; and W~EREAS, 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 1 of the State CEQA Guidelines; and W~EREAS, the Staff Report was submitted recommending that the application be conditionally approved; and W~EREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: ae The proposed project will serve a public need by providing massage therapy services to the general public in the City of Dublin. Be The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible when compared to the type and nature of operations typically found in the neighborhood. Ce The proposed use, under all circumstances and conditions of this particular casef 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 in the neighborhood, as all applicable regulations will be met. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. /PA94-047 {PC Reso# 94-031) - 1 - Eo 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 Dublin Planning Commission does hereby conditionally approve PA 94-046 Cuttin' Up Salon Massage Establishment Conditional Use Permit application as generally depicted by materials labeled Exhibit A, consisting of 3 sheets, stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, lB] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, IF] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. e e This approval is to allow a massage establishment and massage service use within an existing beauty salon located at 6982 Village Parkway. The location of the massage service and use shall be as shown on the approved plans labeled Exhibit A. [PL] Prior to establishing the use, the Applicant and the massage therapist 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~ PL] Prior to establishing the use, the Applicant and massage therapist shall submit evidence to the Planning Department that the permits specified in Condition #2 have been obtained. [PL] The Applicant and massage therapist shall comply with all applicable regulations and requirements of the Building Inspection Department, Dougherty Regional Fire Authority and Dublin Police Services. [B, F, PO] Ail activities associated with the massage establishment use and the existing salon use shall be conducted entirely within the enclosed building. [PL] The Applicant shall control all business activity so as not to create a public or private nuisance to the existing or surrounding businesses. [PL, PO] On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [PL] This approval shall become null and void in the event the approved use ceases to operate for a continuous one-year period· /PA94-047 (PC Reso# 94-031~ - 2 - This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit may be subject to the issuance of a citation. [PL] PASSED, APPROVED AND ADOPTED this 7th day of November, 1994. AYES: NOES: ABSENT: Commissioners Burnham, Geist, North and Zika None Commissioner Rafanelli ATTEST: Plannf~-g Direct~ Plann~ ' ' Chairperson - 3 - /PA94-047 (PC Reso# 94-031) p~ECEIVED A??LIA~JC4 j ~LY~NC~ C..UTT u,J' ~ c-O:F'-F N? -~ I F¥1~IRIT g --SEP-2-3-199~ --~-qRLINPLANNING i 'I i City of ~ubtin EXHIBIT