HomeMy WebLinkAboutPC Reso 93-10 PA93-002 Nail Emporium Massage CUP
RESOLUTION NO. 93-010
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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APPROVING PA 93-002 NAIL EMPORIUM - MASSAGE ESTABLISHMENT CONDITIONAL
USE PERMIT REQUEST TO ALLOW THE OPERATION OF A MASSAGE ESTABLISHMENT
IN THE C-2-B-40, GENERAL COMMERCIAL COMBINING DISTRICT, LOCATED AT
6995 DUBLIN BOULEVARD
WHEREAS, Carol Bonde, Applicant, requests approval of a
Conditional Use Permit to allow the establishment of a massage
establishment use in an existing business (Nail Emporium), located in
the C-2-B-40, General Commercial Combining District, at 6995 Dublin
Boulevard; and
WHEREAS, the Planning Commission held a public hearing on said
application on March 15, 1993; 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 1 of the
State CEQA Guidelines; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, 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:
A. The proposed project will serve a public need by providing
massage therapy services to the general public in the City of
Dublin.
B. 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.
C. The proposed use, under all circumstances and conditions of this
particular case, 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.
D. 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.
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E. The approval of the Conditional Use Permit will be consistent
with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 93-002 Nail Emporium - Massage
Establishment Conditional Use Permit application as generally depicted
by materials labeled Exhibit A, 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 com liance of the conditions of approval. [PL]
Planning, [B~ Building, [PO] Police, [PW~ Public Works, [ADM]
Administration/City Attorney, [FINS Finance, [F~ Dougherty Regional
Fire Authority, [DSR~ Dublin San Ramon Services District, [CO] Alameda
County Department of Environmental Health.
1. This approval is for PA 93-002 Nail Emporium - Massage
Establishment Conditional Use Permit to allow a massage
establishment in an existing nail and hair salon, located in the
C-2-B-40 General Commercial Combining District, at 6995 Dublin
Boulevard. This approval shall generally conform to the Site
Plan (1 sheet) labeled Exhibit A, stamped approved and on file
with the Planning Department, prepared by Carol Bonde, dated
received by the Planning Department January 19, 1993. [PL]
2. Prior to establishing the use, the Applicant shall obtain a
massage permit with the Dublin Police Department and comply with
the massage requirements specified in Chapter 4.20 of the Dublin
Municipal Code. [PO, PL]
3. Prior to establishing the use, the Applicant shall submit
evidence to the Planning Department that the permit specified in
Condition #2 has been obtained. [PL]
4. No loudspeakers or
enclosed building.
establishment shall
building. [PL]
5. The Applicant shall
or private nuisance
[PL, PO]
amplified music shall be permitted outside the
All activities associated with the massage
be conducted entirely within the enclosed
control activity so as not to create a public
to the existing or surrounding businesses.
6. 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]
7. This approval shall become null and void in the event the
approved use ceases to operate for a continuous one-year period.
[PL]
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8. 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 shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 15th day of March, 1993.
AYES: Commissioners Burnham, North, Rafanelli and Zika
NOES: None
ABSENT: Commissioner Barnes
ATTEST:
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Planning irect r
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Planni Commiss' n Chairperson
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