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Home My WebLink AboutPC Reso05-44 Conduct Massage CUP RESOLUTION NO. 05 - 44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO CONDUCT MASSAGE WITHIN AN EXISTING ±468 SQUARE FOOT OFFICE SPACE LOCATED AT 6665 AMADOR PLAZA ROAD, SUITE 203 PA 05-012 (APN 941-1500-051-02) WHEREAS, Botond Hites, Business Owner and Applicant for the Holistic Health Center, has requested approval of a Conditional Use Permit to conduct massage within ±468 square feet of an existing ±20,604 square foot office building located at 6665 Amador Plaza Road, Suite 203; and WHEREAS, the Applicant has submitted project plans dated received March 3, 2005; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be Categorically Exempt under Section 15301, Class I as the project would be located within an existing office building involving negligible or no expansion of the existing use; and WHEREAS, a Staff Report was submitted recommending that the application for a Conditional Use Permit be conditionally approved; and WHEREAS, the Planning Commission held a public hearing on said application on July 26,2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby find that: A. The proposed use, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity, as the conduct of massage in conjunction with a professional office use is compatible with surrounding professional office uses. 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, as it is aimed to help relieve individuals of pain in a quiet, undisruptive manner within an existing office space and all applicable regulations will be met. C. The proposed use, as conditioned, will not be mjunous to the property or improvements in the neighborhood, as no physical changes will be made to the property and all business operations will be conducted entirely within the building. 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, as the conduct of massage in an existing office building will not require additional public services. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed, as the conduct of massage in an existing office building is compatible with surrounding professional office uses and adequate parking is available on-site to accommodate the use. F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development regulations, or performance standards established for the PD Zoning District in which it is located, as conditions of approval have been applied to the project to ensure conformance with all such regulations. G. The proposed use, as conditioned, is consistent with the Dublin General Plan and with the West Dublin BART Specific Plan as it is compatible with the Retail/Office land use designation. 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 subiect to Planning Department review and approva1. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPLl Planning, rEI Building. rpOI Police. rpWI Public Works rADMI Administration/Citv Attornev. rFINI Finance, rFI Alameda County Fire Department. rDSRSDl Dublin San Ramon Services District. rCOI Alameda County Department of Environmental Health. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: GENERAL 1. Approval. This Conditional Use Permit approval for the PL On-going Planning Holistic Health Center, PA 05-012 allows the establishment of one massage station for the conduct of deep tissue massage and other related health treatments to relieve chronic musculoskeletal pains in patients at 6665 Amador Plaza Road, Suite 203, APN 941-1500-051-02. This approval shall conform to the Applicant's written statement dated received by the Planning Division on June I, 2005 and project plans prepared by the Meyer Group, dated received by the Planning Division on March 3, 2005 and other plans, text and diagrams relating to this Conditional Use Permit, unless specifically modified by the Conditions of Approval contain herein. 2. Permit Expiration. Approved use shall commence within one PL On-going DMC (I) year of CUP approval, or the CUP shall lapse and become 8.96.020.D null and void. Commencement of use means the actual use pursuant to the permit approval, or demonstrating substantial progress toward commencing such use. If 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 CUP expires, a new application must be made and processed according to the requirements of the Dublin Zoning Ordinance. 3. Continued Use. This Conditional Use Permit approval shall PL On-going Planning become null and void in the event the approved uses cease to operate for a continuous one-year period. 4. Time Extension. The original approving decision-maker may, PL On-going DMC upon the Applicant's written request for an extension of 8.96.020.E approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a 2 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular permit. 5. Annual Review. On an annual basis, this Conditional Use PL,PO On-going Planning Permit approval shall be subject to a review by the Planning Manager to determine compliance with the Conditions of Approva1. 6. Revocation. This permit shall be revocable for cause in PL On-going DMC accordance with Dublin Zoning Ordinance Section 8.96.020.1, 8.96.020.1 Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. 7. Modifications. Modifications or changes to this Conditional PL On-going DMC Use Permit approval may be considered by the Community 8.104.100 Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. PROJECT SPECIFIC - CONDITIONAL USE PERMIT 8. Proof of permits. Prior to establishing the use, the Applicant PL Establishment Planning shall submit evidence (copies) to the Community Development of use Department that the Massage Establishment and Massage Service Permits have been obtained. 9. Massage treatments. All activities associated with the PL On-going Planning Massage Establishment shall be conducted entirely within the enclosed building during normal business hours of the office. 10. Public or private nuisances. The Applicant shall control all PL On-going Planning business activity so as not to create a public or private nuisance to the existing and surrounding businesses. FIRE PREVENTION DIVISION 11. Building Permits. The Applicant shall obtain building permits F Building Fire for any construction in the tenant space. permit and On-going 12. Fire Alarm. The fire alarm system (if applicable) shall be F On-going Fire modified as necessary for the tenant improvement. Submit detailed shop drawings to the Fire Department for approval and permitting prior to installation. A separate permit fee is required. 13. Knox boxes. If not already provided, Knox boxes are required F On-going Fire at the entrance to the buildings. 14. Fire extingnishers. Provide 2A I OBC fire extinguishers, in F On-going Fire locations approved by the Fire Department, in the space. An approved sign in accordance with the Uniform Fire Code shall be conspicuouslv posted above the extinguisher. 15. Fire Codes. The project shall comply with Uniform Building F Building Fire and Fire Codes as adopted by the City of Dublin. permit and On-going DUBLIN POLICE SERVICES 16. Security Ordinance. The Applicant shall comply with all PO On-going Police applicable City of Dublin Non Residential Security Ordinance 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: n:c¡uirements. 17. Establishment Ordinance. The Applicant shall comply with all PO On-going DMC applicable City of Dublin Massage Establishment Ordinance 4.20 r~irements as ¥cified in Section 4.20. 18. Business License. The Applicant shall obtain a City of Dublin PO On-going Police business license and shall ke~p it current at all times. PASSED, APPROVED AND ADOPTED this 26'h day of July, 2005. AYES: Chair Schaub, Cm. Biddle, Fasulkey, King, and Wehrenberg NOES: ABSENT: ABSTAIN: ATTEST: -H/ Mh.' Planning Commission Chair Plann~~:r 4