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HomeMy WebLinkAboutItem 8.4 PA 91-049 Dublin Zoning Ordinance Amendment MassageCITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: December 2, 1991 TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: Planning Commission `nNb 1 Planning Staff Vv 01/ Carol R. Cirelli, Associate Planner PA 91-049 Dublin Zoning Ordinance Amendment Massage PROJECT: The City Of Dublin proposes to amend the Dublin Zoning Ordinance relating to massage establishments APPLICANT: City of Dublin 100 Civic Plaza Dublin, CA 94568 PROPERTY OWNER: Citywide APPLICABLE REGULATIONS: ENVIRONMENTAL REVIEW: A Negative Declaration has been prepared pursuant to the California Environmental Quality Act (CEQA), State CEQA Guidelines, and the City of Dublin Environmental Guidelines. The proposed project will not have a significant effect on the environment. NOTIFICATION: Public Notice of the December 2, 1991, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. BACKGROUND In July of 1991, Ms. Veronica Krell, owner and operator of A Touch of Health, located at 6995 Dublin Boulevard, requested the City Council to initiate an amendment to the Dublin Municipal Code, Chapter 4.20 Massage Establishments and Massage Services, Section 4.20.020 Exemptions (see Attachment 1). Ms. Krell's request to City Council was to amend the Massage Ordinance to exempt from the provisions of the Massage Ordinance requiring a Police Department permit, massage therapists that graduated from a recognized school of massage and are members of a State or nationally chartered organization devoted to therapeutic massage. ITEM NO. 804 COPIES TO: Applicant Owner Address File PA(F / nr .43 Ms. Krell is a licensed cosmetician who received a certificate of graduation from the National Holistic Institute to practice massage therapy. Ms. Krell's massage and cosmetology business is located in a C-2-B-40, General Commercial Combining District. A massage parlor/establishment is not an allowed use within this zone. This zoning violation was noted by the Planning Department while processing Ms. Krell's business license permit application. At the July 22, 1991 City Council meeting, the City Council initiated an ordinance amendment study to amend the Zoning Ordinance to allow massage establishments in a C-2, General Commercial District with Conditional Use Permit approval (see City Council minutes, Attachment 2). ANALYSIS: Currently, the Zoning Ordinance identifies massage parlor as a conditional use in the C-1, Retail Business District. The Zoning Ordinance uses the term "massage parlor" and the Municipal Code uses the term "massage establishment". Since there is no definition of "massage parlor" in the Zoning Ordinance, Staff relies on the definition of "massage establishment" in the Municipal Code. Consequently, both terms are considered the same. Under the existing Massage Ordinance, the massage therapist use is considered a massage establishment. A massage therapist/practitioner must comply with the provisions of the Massage Ordinance and obtain a permit from the Police Department prior to operation of the massage establishment. Only persons holding an unrevoked certificate to practice the healing arts in the State of California, or persons working under the direction of such persons, and California licensed barbers and cosmetologists are exempt from the provisions of the Massage Ordinance. When comparing the massage establishment use with other permitted and conditional uses in the commercial districts, Staff classifies a massage establishment as a personal service type use, such as barber shops and beauty parlors (see Commercial District Regulations, Attachment 3). A massage establishment is considered a personal service type use because it primarily provides personal improvement or appearance type services. In response to City Council's direction, Staff researched massage ordinances and zoning ordinances of other cities in the Bay Area to determine how they identify massage use in their zoning ordinance and if they exempt massage therapists with certain qualifications from their massage ordinance. The majority of the cities researched identify massage parlor/ establishment as a conditional use in general service commercial districts and require massage practitioners/therapists to obtain permit approval from the Police Department. -2- PAGE OF Out of ten cities researched, only the City of San Ramon exempts massage therapists (if they are certified members of the American Massage Therapy Association) from their massage ordinance. The cities of Emeryville and Sunnyvale include provisions for massage therapists that have obtained 500 hours of credit from a recognized school of massage and/or are members of a qualified massage association. However, they do not exempt massage therapists with these qualifications from their massage ordinance. The draft Zoning Ordinance Amendment includes 1) a definition of massage establishment that is consistent with the massage establishment definition in the City's Massage Ordinance Chapter 4.20, and 2) identifies massage establishment as a conditional use in the C-N, Neighborhood Business District, C-1, Retail Business District (replacing the term "massage parlor" with "massage establishment"), and the C-2, General Commercial District (see Exhibit A). Staff recommends approval of the attached draft ordinance, Exhibit A. Staff recommends these amendments to the Zoning Ordinance to provide a consistent definition of "massage establishment" in the Zoning Ordinance and Massage Ordinance, and to identify "massage establishment" as a conditional use in all commercial districts that allow personal service type uses, not just the C-1 District. Because massage establishments must comply with the Massage Ordinance, and because certain conditions may need to be applied to a massage establishment to make the use more compatible with surrounding uses, Staff recommends that massage establishments be classified as conditional uses. If the Planning Commission would like the City Council to consider amending Dublin's Massage Ordinance to exempt massage therapists from the Massage Ordinance provisions and from obtaining a Police Department permit, Staff requests Planning Commission direction on the option of exempting massage therapists with the following qualifications (modeled after the City of Sunnyvale's Massage Ordinance): 1. is a member in good standing in a state or nationally chartered organization devoted to massage therapy; and 2. has completed one of the following requirements: a) five hundred (500) hours of instruction in massage therapy at a recognized school of massage with a state approved curriculum; or b) two hundred fifty (250) hours of instruction in massage therapy at a recognized school of massage with a State approved curriculum and, in addition, five hundred (500) hours of practical experience in massage therapy in the form of paid employment in the primary office of -3- PAGE 3 0F33 and under the direct supervision of a medical professional licensed by the State of California, specifically a physician, surgeon, chiropractor, osteopath, physical therapist or nurse, while such medical professional is performing activities encompassed by such license, and is physically on the premises where the massage therapy is being administered. Under this option, massage therapists would be exempt from obtaining a Police Department permit, but an approved Conditional Use Permit would always be required under the proposed Zoning Ordinance Amendment. The City Attorney is currently reviewing the draft ordinance amendment (Exhibit A) and Staff will incorporate any revisions made by the City Attorney into the draft ordinance for City Council's review. If the City Council adopts the management audit ordinance amendments, Staff would recommend that the massage use be subject to Planning Commission approval. RECOMMENDATIONS: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from the public. 3) Question Staff and the public. 4) Close public hearing and deliberate. 5) Adopt Draft Resolutions (Exhibits B & C) relating to the Negative Declaration and the ordinance amendment for PA 91-049, or give Staff direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt Draft Resolution (Exhibit B) recommending City Council adoption of a Negative Declaration for PA 91-049 Dublin Zoning Ordinance Amendment Massage, and Draft Resolution (Exhibit C) recommending City Council adoption of PA 91-049 Dublin Zoning Ordinance Amendment Massage to amend the Dublin Zoning Ordinance to define Massage Establishment and identify Massage Establishment as a Conditional Use in the C-N, C-1 and C-2 Districts. ATTACHMENTS: Exhibit A: Exhibit B: Exhibit C: Draft Ordinance Amendment Draft Planning Commission Resolution Recommending Adoption of Negative Declaration for PA 91-049 Draft Planning Commission Resolution Recommending Adoption of Zoning Ordinance Amendment Massage for PA 91-049 -4- PAGE J OF -3-3 Background Attachments: Attachment 1: July 22, 1991, City Council Staff Report with Attachments Attachment 2: July 22, 1991, City Council Minutes Attachment 3: C-N, C-1 and C-2 District Regulations -5- PAGE OF3.3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN PROVISIONS OF THE ZONING ORDINANCE RELATING TO MASSAGE ESTABLISHMENTS The City Council of the City of Dublin does ordain as follows: Section 1. Section 8-21.14.2 MASSAGE ESTABLISHMENT is hereby added to Section 8-20.0 DEFINITIONS of the City of Dublin Zoning Ordinance to read as follows: "8-21.14.2 MASSAGE ESTABLISHMENT. Massage establishment means any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of "massage" described in the City of Dublin Municipal Code Chapter 4.20 Massage Establishments and Massage Services. Any establishment engaged in or carrying on, or permitting any combination of massage and bathhouse shall be deemed a massage establishment." Section 2. Section 8-47.2e) CONDITIONAL USES: C-N DISTRICTS of the City of Dublin Zoning Ordinance is hereby added to read as follows: "e) Massage Establishment." Section 3. Section 8-48.2p) CONDITIONAL USES: C-1 DISTRICTS of the City of Dublin Zoning Ordinance is hereby amended to read as follows: "p) Massage Establishment;" Section 4. Section 8-49.2n) CONDITIONAL USES: C-2 DISTRICTS of the City of Dublin Zoning Ordinance is hereby added to read as follows: "n) Massage Establishment." PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 199, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk PAGE e OF 33 RESOLUTION NO. 91 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR PA 91-049 ZONING ORDINANCE AMENDMENT MASSAGE WHEREAS, at the July 22, 1991 City Council meeting, Council considered a request made by Ms. Veronica Krell, owner/operator of A Touch of Health located at 6995 Dublin Boulevard, to initiate an amendment to the Dublin Municipal Code, Chapter 4.20 Massage Establishments and Massage Services, Section 4.20.020 Exemptions; and WHEREAS, at the July 22, 1991 City Council meeting, the Council initiated the Zoning Ordinance Amendment study to allow massage establishments in a C-2, General Commercial District with Conditional Use Permit approval; and WHEREAS, a draft ordinance amending the Zoning Ordinance to include a definition of Massage Establishment and to identify Massage Establishment as a conditional use in the C-N, Neighborhood Business District; C-1, Retail Business District; and C-2, General Commercial District has been prepared; and WHEREAS, The California Environmental Quality Act (CEQA), State CEQA Guidelines and City Environmental Guidelines require that certain projects be reviewed for environmental impact and that environmental documentation be prepared; and WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this project; and WHEREAS, public notice of the Negative Declaration was given in all aspects as required by State Law; and WHEREAS, the Planning Commission did review and consider the Negative Declaration at a public hearing on December 2, 1991. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1. That the project will not have a significant effect on the environment. 2. That the Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. 3. That the Negative Declaration is complete and adequate. EXfflBITQ PAGE ? OF __ BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the Negative Declaration for PA 91-049 Zoning Ordinance Amendment Massage. PASSED, APPROVED AND ADOPTED this 2nd day of December, 1991. AYES: NOES: ABSENT: ATTEST: Planning Director Planning Commission Chairperson - 2 - RESOLUTION NO. 91 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPTION OF PA 91-049 ZONING ORDINANCE AMENDMENT MASSAGE WHEREAS, at the July 22, 1991 City Council meeting, the Council considered a request made by Ms. Veronica Krell, owner/operator of A Touch of Health located at 6995 Dublin Boulevard, to initiate an amendment to the Dublin Municipal Code, Chapter 4.20 Massage Establishments and Massage Services, Section 4.20.020 Exemptions; and WHEREAS, at the July 22, 1991 City Council meeting, the Council initiated the Zoning Ordinance Amendment study to allow massage establishments in a C-2, General Commercial District with Conditional Use Permit approval; and WHEREAS, a draft ordinance amending the Zoning Ordinance to include a definition of Massage Establishment and to identify Massage Establishment as a conditional use in the C-N, Neighborhood Business District; C-1, Retail Business District; and C-2, General Commercial District has been prepared; and WHEREAS, the Planning Commission did hold a public hearing on said draft ordinance on December 2, 1991; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, said draft ordinance has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been prepared for this project as it will not have a significant effect on the environment; and WHEREAS, a Staff Report was submitted recommending the Planning Commission recommend City Council approval of said draft ordinance; 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 the draft ordinance amendment is consistent with the stated purpose and objectives of the City's Zoning Ordinance, Municipal Code and General Plan. PAGE _L OF3 BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend the City Council adopt PA 91-049 Zoning Ordinance Amendment Massage. PASSED, APPROVED AND ADOPTED this 2nd day of December, 1991. AYES: NOES: ABSENT: ATTEST: Planning Director Planning Commission Chairperson - 2 PAGE 1a OF CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 22, 1991 SUBJECT: REPORT PREPARED BY: EXHIBITS ATTACHED: RECOMMENDATION: FINANCIAL STATEMENT: DESCRIPTION: PA 91-049 A Touch of Health - Veronica Krell Initiation of Amendment to Massage Ordinance CAC/ lk Carol R. Cirelli, Associate Planner Exhibit A: Letter with attachments from Veronica Krell dated July 2, 1991 Provide Staff direction concerning the Applicant's request Applicant pays for the ordinance amendment The Applicant, Ms, Veronica Krell, is requesting the City Council to initiate an amendment to the Dublin Municipal Code, Chapter 4.20 Massage Establishments and Massage Services, Section 4.20.020 Exemptions. The Applicant, a massage therapist certified by the National Holistic Institute and a licensed cosmetician, owns and operates A Touch of Health located at 6995 Dublin Boulevard. A cosmetician is licensed in the State of California to massage the face, neck, arms, bust, or the upper part of the human body, and a cosmetologist is licensed to massage in addition to these body parts, the hands, feet and scalp. The State does not issue any other license that regulates massages other than what is allowed under the State cosmetician or cosmetologist license. The Applicant indicates that as a massage therapist, she is certified to massage the entire body, including legs and lower back. Staff does not know who certifies such massage and would need to research that certification. The Applicant's massage and cosmetology business is located in a C-2, General Commercial District zone. A massage parlor/establishment is not an allowed use within this zone. A massage parlor/ establishment is permitted in a C-1, Retail Business District zone subject to the approval of a Conditional Use Permit. Under the Massage Ordinance, the massage therapist use is considered a massage establishment. According to the Applicant, the Dublin Planning Department and Police Department gave the Applicant verbal approval of the massage establishment use and massage permit in the Fall of 1988. The City has no written documentation that this approval was granted. The massage establishment needs to comply with all current and applicable zoning requirements. ITEM NO. COPIES TO: General/Agenda File Applicant/Owner Project Planner PA Address File Attachment ITEM NO. COPIES TO: i/ 3 ��i�1S Dui\ ► �. i\vv PAGE OF The Applicant is requesting that certified massage therapists be exempt from the provisions of the Massage Ordinance if they: 1. hold a valid, unrevoked certificate of massage therapy from an accredited institution, 2. have completed a minimum of 500 hours of massage therapy instruction, 3. are members of the American Massage Therapy Association, and 4. hold a valid, unrevoked cosmetician's license of registration by the State of California Board of Cosmetology. If massage therapists with these qualifications are exempt from the provisions of the Massage Ordinance, the massage therapy business would not be considered a massage parlor/establishment as specified in the Zoning Ordinance. Staff informed the Applicant of options to resolve the massage establishment's inconsistency with the Zoning Ordinance. The Applicant's request was one of the options presented by Staff. The following are other options available: 1. With an approved Conditional Use Permit, the Applicant can relocate her massage establishment in a C-1, Retail Business District. 2. The Applicant can request an amendment to the Zoning Ordinance to allow massage establishments in a C-2, General Commercial District with Conditional Use Permit approval. 3. The Applicant can discontinue her operation as a massage therapist in the C-2, General Commercial District, but may continue to perform massages as a cosmetician holding a valid, unrevoked license of registration from the State Board of Cosmetology. If the City Council initiates the ordinance amendment study, Staff will consider other options such as amending the Zoning Ordinance definition section to include a definition of massage parlor and massage therapist. Staff may also consider variations on the Applicant's request. Staff will research membership qualifications for the American Massage Therapy Association and the requirements for approving a massage therapy school pursuant to Section 29007.5 of the Education Code of the State of California. Staff will also verify whether the National Holistic Institute is accredited by the State, whether the school certifies massage therapists and what schools, agencies or organizations issue certificates of massage therapy. The draft amendments will be reviewed by the City Police Department and the City Attorney and all applicable comments will be incorporated into the amendments. Staff recommends that the City Council provide Staff direction concerning the Applicant's request. -2-- PAGE /c OF'..3 ti Dear City Counc:i.l, Members: July 2 1991 My name :is Veronica B. Krell. 1 do business as A Touch of Health at 6995 Dublin Blvd. in the Hair/Nail Emporium. 1 am a Certified Massage Therapist and State Licenced Cosmetician. 1 have been doing business at this Dublin location for the last three years. I was told by former City of Dublin officials including Chief of Police Shores and Associate Planner Laura Hoffrneister in April, 1988 that 1 was approved to perform facials, massage and body waxing at this location. 1 have gone to great lengths to comply with all of the City Ordinances that .1 was made aware of at that time, including being photographed and fingerprinted by the Police Department in 19118 and again in November, 1990. 1 have recently been advised by the City Planning Department that I must re -- locate my business if 1 wish to continue performing massage due to a zoning regulation. My business is located in a C-2 district which is a general comm..- ercial district zoned for service. According to City Ordinance, massage is not a permitted use within the C-•2 service district zone. However, a massage establishment is allowed within a C-•1 retail business district zone with an approved conditional use permit:„ Massage by its nature is considered to be a service rather than retail trade. Under my present State Cosmetician's license 1 am allowed to massage the hands, feet, neck, upper hack and scalp. The only addition to the present zoning would be to allow massaging of the legs, arms and lower back. 1 would like to propose an ammendrnent to Massage Ordinance No. 287 under Section 30 of the Exceptions to include the following Tlie provisions of this chapter shall not apply to a Certified Massage Therapist holding an unrevoked Certificate from an accredited institution and has completed a minimum of 500 hours and is a member of the American Massage Therapy Association and holds an unrevoked State Cosmetician's license. Massage provides many benefits, some of which are: dialating the blood vessels and improving circulation throughout the body, releasing tension and soothing nerves. Massage acts as a "mechanical cleanser" stimulating lymph circulation and hastening the elimination of waste and toxic debris. Massage stretches connective tissues and improves circulation and nutrition, as well as preventing the formation of adhesions and reducing the danger of fibrosis. 1 perform Swedish massage, which is long gliding strokes, kneading and rubbing motions, and Shiatsu, which is working on pressure points by applying pressure with the thumbs or elbows, releasing blocked energy. I also practice reflex- ology and deep tissue massage. Clients lie under a sheet and blanket while 1 am performing their massage. RECEIVED JUL 3 1991 M 01-0y9 DUBLIN PLAN ING PAGE OF The I'Ia:ir/Flail. Emporium and A Touch of Health offers a full. service beauty and health complex to their clients enabling them to manage the health and beauty of their hai.r, nails and skin and to reduce their" .levels of stress. .I. have invest- ed a considerable amount of time, money and effort over the last three years to enable me to contribute to this health and beauty process and build up a steady c:i:i.entel. 1 have completed 600 hours of massage courses and graduated from the National Holistic: Institute which is a State approved and AMTA accredited school. :[ also graduated from the California Beauty College and obtained my State License as a Cosmetician. 1 have attended various seminar's to further my education and maintain current knowledge in the massage and cosmetician fields. 1 was granted several thousand dollars in student loans to finance my education and have been able to make my monthly payments the last three year's due to the success of my small business. 1 have five more years of payments to go. Hy clients are referred by existing clients., Hair/Flail. Emporium Operators., Chiropractors, Physical Therapists, Plastic Surgeons and P'sycholog:ists. The many healthful and theraputic benefits of massage and 'facials include supple- menting various treatments provided by other health professionals. One example is a client recently referred to me by a psychologist who was sexually abused. Massage :is an excellent non -threatening therapy which is helping her adjust to physical contact with other people once again. :I. w(:Iu.i.d appreciate your careful consideration oi' my proposed Massage Ordinance Exception ammendment which would allow me to continue :Ln business at my presen't'. location. Moving my business would inflict gr'eat hardship on not only myself but on my landlord, clients, family and friends. 1 have attached copies of my certificates and licenses as well as letters of recommendation obtained from referring doctors and clients. Sincerely, Veronica B. Kr'ei.:l A Touch of Health RECEIVED JUL 3 - 1991 P4 9/- oV 9 DUBLIN PLANNING tp 9 c-Dt b//71 23JJc/ PAGE /t OF 33 May 15, 1991 City of Dublin Planning Commission Civic Center Dublin Boulevard Dublin, CA 94568 Subject: Use Permit A Touch of Health - Located at 6995 Dublin Boulevard Veronica Krell, Licensed Esthetician/Massage Therapist Dear Planning Commission: I am writing in response to the problem Veronica Krell has encountered concerning her use permit for the above -referenced location. I am a client and I am very concerned that the City is not treating this business in a fair manner, because of the special circumstances involved. This is a very respectable and professional business and not allowing the service now provided would cut into the profits and clientelle Mrs. Krell has worked to establish over the years. I understand that you do not permit this particular service in this location. However, this business has built its clientelle based on the fact that she did receive a permit to do business at this location and since the time the business was approved by the Chief of Police the law has changed. Since she has changed nothing but the law has changed I would respectfully request that you allow a conditional use permit in order for the current service to remain at the same location. This would not be setting a precident because this is not a new application. I could understand denial of a new application but I believe it is very unreasonable to tell her that she can no longer conduct the service she has been doing (with permission) in previous years. Thank you for consideration of this matter. Sincerely, Darleen Good 11369 Dillon Way Dublin, CA 94568 1ST' DUBLIN PLANNING ,96 6///) PAGE 4C OF A3 Beth Yarx D.C. 546 Weldon Ave Oakland, Ca 94 610 (415) 834-1557 To Whom it ray concern; I sr a Chiropractor practicing holistic health and natural healinr in Oakland, Ca. Veronica Krell is.on my referral list for patients in need of .therapeutic rsssare and: I consider her work to be outstanding and her services invaluable. Therefore, it is imperative that she be able to continue to offer her services. ,If you have any further questions please contact me. Sincerely; 4/25/91 RECEIVED 1991 PA- /- o V� DuaLiN rLANNiN �� 9-��.6/< PAGE /6 OF Kaiser 1 .genie Medical Center Public Affairs Department 1150 Veterans Boulevard Redwood City, California 94063-2087 (415) 780-2442 eye 111i�, !<ASCR PERMANENTE May 21, 1991 City of Dublin City Planning Department Civic Center Dublin Boulevard Dublin, CA 94568 RE: A Touch of Health 6995 Dublin Boulevard Dublin, CA 94568 To Whom It May Concern A Touch of Health is owned and operated by Mrs. Veronica Krell a Licensed Esthetician and Massage Therapist. Mrs. Krell has been notified that her use permit will not be renewed at her present location. I am urging the City Planning Department to please reconsider the judgement made to not reissue the use permit for A Touch of Health at the present location on Dublin Boulevard. The original use permit was issued two years ago by the Chief of Police and since that time the law has changed. It would seem in a case such as this, where the law changed but the business did not, that an existing business would be grandfathered and would be allowed to remain in the present location. A new business coming into the location would then be subject to the new law. A Touch of Health is a professional and responsible service and an asset to the City of Dublin. Because of Mrs. Krell's expertise in massage therapy I am not at the mercy of a stress related illness. My job as a public affairs professional is stressful and intense; it was at a friend's urging that I contacted Mrs. Krell at A Touch of Health, and received my first session with her. It was as though someone provided a light at the end of the tunnel for me. She is in a very accessible location and it would be a shame to move her services to another area. Thank you for your time and your consideration regarding this particular use permit. pECEI Y Er). 11l! *1991 DU3LIN PLANNI G Cif Q9,C' -p/t/c/ Sincerely, atricia L.. watson 5343 Blackbird Drive Pleasanton, CA 94566 PAGE / 7 OF 33 ALAN , .. .v1AN CHARLES. M. D. A MEDICAL CORPORATION 1414 MARIA LANE WALNUT CREEK. CALIFORNIA 94596 TELEPHONE (415) 937-3331 April 23, 1991 To Whom It May Concern, I am a physician in Walnut Creek, practicing preventive medicine for the treatemnt of pain disorders. This letter is to affirm that Veronica Krell is practicing massage for the past three years. Her qualifications are exceptional and she is on our list for referrals for massage therapists. If you have any questions re- garding Veronica Krell please contact me. Sincerely, Alan S. 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Krell 1569 Greenridge Dr. Pittsburg, CA 94565 L� IS HEREBY AUTHORIZED PURSUANT TO SALES AND USE TAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION STATE BOARD OF EQUALIZATION THIS PERMIT IS VALID UNTIL REVOKED OR CANCELLED BUT IS NOT TRANSFF-P ABLE Not valid at any other address BT-442-R Rev.9 (1-83) DISPLAY CONSPICUOUSLY AT THE PLACE OF BUSINESS FOR WHICH ISSUED as 42257 l:cr: CC S IF. -rIcLAN VALID UNTIL APRIL 30, 1992 �I ED VERONICA B KRELL p/9 9/-0 B L V D DU3Li '1 L`; 4i 6995 DUBLIN �. DUBLIN CA 94568 6,49; D-1b/i'1 /;/ ' SIGNATURE FOS%1T 'PUBLIC VIEW CDUS Z� ‘DIS.PLATE'D A .FRILI)AM-1 Z00`1Z1K. SGAtR)-12 BOARD OF COSMETOLOGY 1020 N STREET, ROOM 423 SACRAMENTO, CA 95314 (916) 445-7061 In accordance with the provisions of Section 7373 of the BUSINESS AND PROFESSIONS CODE, the individual named hereon is issued a Cosmetician renewal license, and is subject to the rules and regulations of the California State Board of Cosmetology. PAGE a OF 33 BY NICK jPtlu ,,,.,,.. , .. THE BE1 4EFITS OF MASSAGE At -Icier -it relief for todcay's stresses y body feels like one big knot," groans Laurie Brown, 39, her mus- cles tense and aching after a stress -filled morning. Draped by a sheet, she lies facedown on a massage table and stretches out beneath the soothing hand of Meta Chessin-Yudin. As the Seat- tle massage practitioner rubs out the kinks in her muscles, Brown grows more relaxed. An hour later, she is smiling and buoyant. "After a mas- sage, I feel like a weight has been lifted from me," she says. "All my tension floats away." Brown is not the only one being rubbed the right way. In the last decade, massage has enjoyed a boom in popularity. Once thought of as a luxury for the pampered, it has become a hands-on favorite of stressed -out office workers, recreational athletes, and wellness enthusiasts. Massage has transcended its image as a euphemism for shady adult entertainment. It has come out of the shadows to present its legitimate side, popping up in health clinics, shopping malls, and even corporate suites. An ancient art. Faddish as it sounds, massage is an ancient healing art, mentioned in Chinese literature as early as 3000 B.C. Centuries ago, Greek and Roman physicians used it to treat their rulers. "Massage has its root in earliest medicine," says Richard van Why, president of the Texas - based Bodywork Research Institute. "It's been an integral part of the health systems of most cultures." But massage is no panacea. "It won't cure your arthritis," says Rita Corell, a massage therapist in Omaha. By law, therapists can't diagnose, prescribe, or claim to treat or cure specific illnesses. But massage can be part of an overall strategy for good health and well-being, says Corell. For most people, the practice is safe. However, experts warn anyone with a history of blood clots or diabetes, a recent fracture or sprain, or a high fever to avoid massage. Doctors recommend caution to those with circulatory, skin, or cardiac problems. If you have a chronic health problem, consult your doctor for advice. Benefits. Massage stimulates the circulation of blood cTTER41OMES ANO GARO:NS, APRIL 1991 :JUL pA %/-oy ".I 'vJ l.11.4 FLAN;;ins;G Massage: a moth -"kneaded" break in a fast -paced world. and lymph fluids, fueling the muscles with fresh oxygen and nutrients while flushing away metabolic waste prod- ucts. By stretching and loos- ening muscles, it also releases physical tension and soothes the nerves. The result is a blend of energy and relaxation. Like a tune-up designed to pro- duce smoothness, a massage is likely to leave you feeling refreshed, but not revved up. Massage often helps people reduce stress and think more clearly, says Patricia Benja- min, Director of Education for the American Massage Therapy Association (.ANITA). "It can have an effect similar to meditation," she says. "It calms the mind throu_h calming the body." Increasingly, medical doctors find massage useful. Regu- lar rucdowns may help with relief, breaking the cycle of spasm and pain. Tension headaches, sore backs, and neck cricks may benefit. "Massage has helped patients of mire with cervical strains, where the neck muscles have gone into a chronic cramp because of an auto accident," says David Yonker, M.D., a Washington State family practitioner. The physical benefits of massage have value for athletes, claims Ralph Stephens, a sports -massage therapist ir. Iowa City, Iowa. Properly administered massage helps present injury, aids recovery time for injured muscles, and improves 'athletic performance, he says. Healing touch. For many, massage answers an emotion- al need for touch. Doctors and psychologists have long known of the benefits of physical contact. A University of Miami study reports that premature infants gained weight quicker and were able to leave the hospital earlier after regular massage. Similarly, people who are lonely or dis- abled may be touch -starred. "Massage is sometimes misun- derstood as being sexual," says Corell. "Done in a safe, nonsexual setting, it can be nourishing and therapeutic." Bottom line. Promising as the benefits of massage sound, not everyone agrees that all have been well documented by scientific studies. Many people believe massage has the po- tential to deliver both physical and emotional benefits, but continued on rr:ge 56 PAGE`??'- OF 3 . 55 , continued from page 5.5 RECEIVED JUL_ - 1991 aSSaGE p� q�-°� 1. 64B5LIN much of the evidence is anecdotal. Skeptics also suggest that the positive effects of massage tend to be short-lived. On the other hand, these effects probably are cumulative. From one session to the next, a person is able to relax more and release tension easier. Over the course of time, massage sessions teach people where they store tension and how to watch out for it in their day-to-day lives. "The beauty of massage is that you learn from it," says Corell. "You be- come more sensitive to your own patterns of stress." MASSAGE BUYER'S GUIDE Derived from the French word for kneading, mas- sage is a general term for manipulating muscles and soft tissue. Over the centu- ries, a wide variety of ap- proaches has evolved, each with its own goals and techniques. The most commonly encountered methods of massage are: Swedish, or Western -style, massage. The most prev- alent form of massage found in the U.S., Swedish is an all- purpose method to get the blood moving and promote general well-being. Featuring long, gliding strokes followed by kneading and rubbing motions, it usually is relaxing and enjoyable. Clients lie under a drape, either totally or partial- ly undressed so that oil can be applied for smooth stroke:.. If you are too embarrassed or uncomfortable to take your clothes off for a massage, don't give up, says Benjamin. Take off only as much clothing as you want to, she advises. Keep on your underwear or wear a swimsuit. "You can't Eis .. -..,. •f DO-1T-YOURSELF MASSAGE With a little special care and at- tention, you can give your spouse or a friend a relaxing, enjoyable massage. Follow these tips from Meta Chessln-Yudln, a massage practitioner and Laban movement analyst with New Seattle Massage In Seattle. Begin in a warm, quiet space, softly lighted, with gentle music, If you like. Find a good, firm surface. (A couch or bed Is likely to be too soft and too tow.) Pour a little oil on your hands and rub them to- gether so that the oil feels warm. Coconut oil Is good, but even vege- table oil will do. Have your partner take deep, comfortable breaths. Use a smooth, gentle approach and a light touch. Make a long, continuous stroke the entire length relax if you don't feel comfortable," she says. Shiatsu. Used widely in Japan for more than 1,000 years, this form of acupressure is derived from traditional Chinese medicine, which postulates that ch'i, or life energy, flows along invisible body pathways called meridians. Illness oc- curs when energy becomes blocked at specific pressure points. During shiatsu sessions, therapists press on these points with their fingers or feet, even with their knees, to release energy trapped within the body and restore health. While Swedish massage is oriented to physiology —blood flow and contracted muscles —oriental massage has a spiri- tual goal to get mind and body in harmony. It is done without oil, sometimes through loose clothing on a mat rather than a table. Shiatsu, like Swedish - style massage, can involve some discomfort. However, a massage shouldn't be painful, says Jocelyn Granger, a massage thera- pist in Ann Arbor, Michi- gan. "If it hurls, tell your therapist to stop." Reflexology. Practitioners of this method of massage believe that various reflex areas in the feet and hands corre- spond to parts of the body. Reflexologists apply pressure to these spots on the feat and hands to promote the health of the corresponding body part, organ, or gland. Independent of any medical value, foot massage also can be a very sooth- ing and relaxing process. Sports massage. Borrowing basic techniques from other traditions, therapists recently created a specialty massage for active people. Sports massage practitioners usually tar- get specific muscles rather than attempting to induce whole - body relaxation. When considering a massage practitioner, look for a licensed therapist. Ask about training, credentials, and experience. of a Ilmb, following the contours of the muscle and bone. Lightly re- trace the area in the opposite direc- tion. Repeat the same gliding stroke many times, increasing pres- sure as you do it, but always re- trace lightly when you return to your starting place. Generally, massage toward the heart. As you both get comfortable, vary the stroke. After gliding strokes, try kneading the skin. Imagine you are kneading dough, and create different shapes. Experiment with little side -to -side strokes. Try moving the muscle in little circles. Check often with your partner to see if the pressure is comfortable. l'a;Inish ono area, hold your hands lightly on it for about 10 seconds. Gently and slowly take your hands away. continued on page 58 You can use the same kind of strokes for both sides of the arms, legs, and torso. When working on the head, cradle it for a little while, letting your partner enloy the feel- ing of support. Use gentle, smooth- ing strokes on the face, as If you are trying to Iron out all the wor- ries and wrinkles. Outline the fore- head, eyebrows, and nose. You can apply a little more pressure to the cheekbones and jaw. Try rubbing the ears. Give the scalp a vigorous rub, from the base of the skull to the very top, supporting the head with one hand while rubbing the other side. There is no "one way" to do massage. Start with what you think would feel good and listen for feedback. Feel free to explore what works. PAGE CO OF' 56 BETTER HOMES AND GARDENS, APRII 1991 MASSAGE continued from page 56 Rapid or rhythmic pummeling strokes often are used to warm up muscles before an event. Long, gliding movements after a strenuous workout aim to prevent muscle soreness and shorten recovery time. Choosing a therapist. While there are dozens of methods of massage and body work, most U.S. therapists are trained in one form of massage -usu- ally Swedish -style --and incorporate other methods to suit their interests. 58 Many practitioners offer a broad, eclectic range of techniques, but some have a narrow, specialized focus. It's important to match your need - whether it's basic relaxation or sports massage or deep -muscle work, for in- stance -with the right therapist. To find a good therapist: • Get referral:: from friends, health professionals, or a reputable health club in your area. • Stick to licensed massage therapists if your state licenses practitioners. Or check with the 11,CCO-member Amer- ican Massage Therapy Association for its Active Member list. The group, which sets industry standards and provides continuing education, has a referral service for its members. Call 3 12/761 -AMTA. • When you shop around for a thera- pist, ask about experience and train- ing. If the therapist advertises as a specialist -a sports massage therapist or shiatsu practitioner, for example - ask about his or her credentials and training. • Expect to pay about S30 to S40 for an hour-long session, perhaps more in major metropolitan areas. If pre- scribed by a physician, massage some- times is covered by insurance. El BETTER HOMES ANO GARCENS, APRIL 1991 Please see an important message about osteoporosis prevention on the previous page. BRIEF SUMMARY (FOR fU(t PRESCRIBING INFORMATION Argo FATIEVI INF000ATIO//, SEE PACKAGE C!RCU(ARS.) PREMARIN; 3rand of conjugated estrogens tablets, USP PREMARIN' Brand of conjugated estrogens Vaginal Cream, In a nontlquefytng base 1 ESTRCENS HAVE BEEN REPORTED TO INCREASE THE RISK OF ENOOti1ETR1Al CARCINOMA. Close clinical surveillance cl all women taking estrogens is important. Adeouate diagnostic measures including en0omefnat Iamcling when indicated should be unoertaxen 10 rule out malignancy in all cases of undia9o3sed persistent or re0.tuing abnormal vaginal bleeding. There is currently no evidence that -natural" estrogens are more a less hazardous than "synthetic" estrogens at eauleolydgenic doses. 2. ESTROGENS SHOULD NOT BE USED DURING PREGNANCY. Estrogen therapy during pregnancy is associated with an increased risk of congenital defects in the reproductive organs of the male and female fetus, an increased risk of vaginal aden0sis, sauamdus-Cell dysblas:a of the uterine cervix- and vaginal cancer in the female later in tile. The 1985 OES Task Force concluded ;hat women who used OES during their pregnancies may subsecUently experience an inc:e39 risk of :feast cancer. However a causal relationship is still unproven. and the observed level of risk is similar to teat for a number ct other breast cancer risk factors. There is no indication for 0ucgen therapy during pregnancy. Estrogens are ineffective for the prevention or Ireafrent of Threatened or habitual abortion. DESCRIPTION: PREMARIN (cosi:gated estrogens. USP) contains a mixture of estrogens, obtained exclusively. Nom natural sources, blended a represent the average composition of material derived from pre^nant mares' urine. II contains estrbne, ecuira and 17a•dihydroequilin, together with smaller amounts of 17a•estradiol, ecuilenm. and 17a-dihydrCeeuifasa as salts of then sulfate esters Tablets are available in 0.3 mg, 0,525 mg, 0.9 mg, 1 25 mg, and 2.5 mg stre_0g(11s of conjugated estrogens. Cream is available as 0.625 mg conjugated estrogens pet gram. 1NOICATIONS AND USAG E: Mcderate-to-severe vasomotor symotoms associated with the menopause (There :s no evidence that estrogens ae elective for nervetis symptoms or depress:en wn:c1 might occur :long menopause and :hey shcuIC not xused to treat these conditions.) Prevention and management of oste000r0sas (aro/la .a/Iv ow bone mass). At:ochre v3g:mtis. Atrophic a 019141s, Hyp000llcgemsm olio to hypog:sadism, castration or primary ovan3n PREMAR:ft (corm:gated estrc rs) Vaginal Cream is indicated in the treatment of atrophic v3g'nitis and kraur0s.s ,er330. PRE .'AP'N HAS NOT BEEN SAWN TO SE EFFICTIVE FCR ANY PURPOSE 0URU(G PREGf(ANOY AND ITS USE MAY CAUSE SEVERES HA.ix170 THE FETUS ;SEE BOXED WARNING). CONTRAINDICATIONS: Esttows should not used :n women (or men) with any of lnelollcwing conditions: 1 Xncwn :r SJspeeled ore4nancs(see Sexed 'Wernmg). 2. Known or sr/seed:ea canter of (he breast except :n appropriate,/ se:ec!ed patients Ong treated for metastatic disease. 3. Known or sus:ected estrogen-ceeencent ne09(asla=.:ndiagnosed aCoCC.0 genital bleeding. 5. Active ltromboohlebitis or Ihromccembohc 000(00rs. 6. Estrogen :ectaccmenl the:3.:7 aas not been reported to increase the risk of thromb0ph(ebilis and/at bhrombce0::tic disease. Hcweret there is insufficient information regarding women who have had previous ;hrar 60e•-u:.c disease. PREMAP.I1, Motets ana Vagina( Cream should nol be used :n patients hypersensitive to their ingredients. WARNINGS: Some studies sugg,s1 a possible increased incidence of breast cancer in women taking nigher wises ct es:: ;en for pro:Cnge0 sx periods The majority of studies have not shown an asscc:3uon with usual estrogen re:'a:en'ent doses. ErdFethat cancer risk among estrogen users was about 4-lCl0 or greater Ivan to ❑On-use(s and appears deee0001 al treatment duration and estrogen dose. In patients on combined estrogen- o(cgesun treracy. tins risk aesos to be decreased. (See PRECAUTIONS below ) Estrogen Mer39y Curing prevaecy is associated with an increased risk al fetal congenital rebrOduCtive bad atsarcets A 2 5.131d inclease in the risk of surgically confirmed gall bladder disease in women receiving postmenopausal estrogens has len reported. Large cases of estrogen sccha:nse used to treat prostate and breast cancer have been shown la increase the risk 01 nth•fatal myocardial ir000Clon, pulmonary embolism, and Ihrombo0niebihs in men. This cannot necessarily:e extrapolated to wornet However, to avoid theoretical cardiovascular risk caused by high estrogen doses. Ire doses for estrogen retacement therapy should not exceed the recommenced dose. Blood pressure should be maarJed with estrogen use. especially it high doses are used. Estrogens may lead to severearercatcem:a in patients with breast cancer and bone metastases. PRECAUTIONS: The addition pla:mgestin for 7 or more days o(a cycle of estrogen a4mimstralidn redo': 1'v lowers the r:.dence of entomenalbypero1as:a. Studies of en0omelrium sug4eSl that 10 to 13 days of progeeti.: are needed ::provide maximal emmle!nal matu(3ti0n and elimination of hyperplasl:c changes. Admucnal risks, R r? such as adverse effects on c3rbonydrale and lipid metabolism. may be associated wilh!he inclusion of 0(0980bn in estrogen replacement regimens. The choice 01 p:C9eslin and dosage may be :m.ratan( in mmimrt.ng these adverse effects. Physical examination and a complete medical and family history should be taken :nor to the initiation of any estrogen therapy with spec:al reference to blood pressure, breasts. abdomen. 1 :erne organs, and sn0u10 include 3 P3C3mcdtaou smear As a general rule, estrogen should not be ores:abed tar longer than one year without another physical examination demo performed. Canadians Influenced byte:::elention, such as asthma. epilepsy, migraine. and c3r0t0c or renal dysfunction, teguire careful observation. Cattam pahen(s m3v develop manifestations of excessive estrogenic stimulation, such as abnormal or excess:ye uterine bleeping and mastodynia. Pre-existing uterine (eicmycmata may increase in site during estrogen use. Estrogens snculd be used with care in patients with impaired liver function, renal insulhc:ency, or mete:Cli: bore diseases ass:c13te0 with hy0ercalcemia. The hollowing drug/laboratory test interactions have been reported. some only with estrogen•pr19esiin combinations (oral contraceptives): 1. Increased pro(hrombm and factors VII, VIII, IX. and X; decreased antilhromc;n 3: increased norepinechrine• induced platelet aggregabitily. 2. Increased thyroid binding globulin (T3G) leading to increased circulating total thyroid hormone, as measured by T, levels determined by column or by raCioimmuncassay. Free T, tenth uptake is decreased. reflecting the elevated MG; tree T, concentration is unaltered. 3. impaired glucose tolerance. 4. Reduced response to metyrae0ne lest. 5. Reduced serum lolate concentration. MUTAGENESIS AND CARCINOGENESIS: long-term, continuous administration of natural and synthetic estrogens in certain animal species increases the Ire,vency of carcinomas of the ::east, cervix, vagina, and liver. PREGNANCY CATEGORY X: Estrogens should not be used during pregnancy. See CONTRAINOICATIONS and Boxed Wanting. NURSING MOTHERS: Asa general principle, the administration of any drug to nursing mothers should be done only when clearly necessary since many drugs are excreted in human milk. ADVERSE REACTIONS: The following have been reported with estrogenic mer3:0::ranges rn va9:n3t bleeding pattern and abnormal withdrawal ttee0ing or how, breakthrough bleeding, s(d:1ng, increase In size of uterine lib:0mysmata. vaginal cendidrass. change m amount al cervical sesse1:ob; lew.:cess:r enlargement :(:tends: nausea. vomiting, abdominal cramps, b103Lng, ehclest3L'c jaun0:ce::bl0asma at -.e 3s7ta that may:etsisl Nben Crud is discenunued, erythema multilorme, eryire,ma no0osum, bemcrrtag:c e -:adn, loss of Scalp haa. mrsu0sm; steepening or corneal curvature. intolerance to contact lenses: hea:acre, migraine. cirs:re0s. mental depression, chorea; increase or cep:ease in weigh(: reduced cartchyorate torero .:e, segravatidn of porchyCa: edema: changes in libido. ACUTE OVERDOSAGE: May cause nausea and vomiting. DOSAGE AND ADMINISTRATION: PREMARIN' Brand of conjugated estrogens tablets, USP 1. Given cyclically lot shou•term use only. For treatment of m00e:ate•to-severe •nsamdlor symc(drns, atropmc vaginilis. or atrophic ureihrilis assocated with the menopause (0.3 mg to 1.25 mg :r more Cady). The lowest dose Mat will control symptoms should be chosen and medication should be drscont:nce: as promptly as possible. Acministrtion should be cyclic (eg, 'Mee weexs on and one week 011). Attem.s to oisconbnue or lacer red:c3lion should be mace al three• to six-.monln :nleryats. 2. Given cyclically: Hy2Oestra4e0sm. Dstec3ofosis liypoestm4cnism due (o. Female hypogona04m-2.5 mg to 75 mg daily :n d'viCed doses for 20 days followed by 10 day rest (mod. 110(eettng odes not ccou( by the end of this 0e:.c: Me same dosage schetu(e :s repeated, remake cast r:an or primary Cvanan 1211ure-1 25 mg Gaily, cyclica"( =Gust upwa:: er 0:wnward 1Cc0rCin9 to response of the patient For maintenance. 3diuSt dosage fo Ia*es1 te,et Nat will provlcl ellecl,ve control. osledoorosis-0.625 mg daily Administration should be cyclic (eg, three 0eea on and one weer off). PREMARIHZ Brand of conjugated estrogens Vaginal Cream Given cyc//Cal/y Tdr s 011.10rm use only. For treatment of 3110(0ic vaginilis et :tic :psis vulvae. The lowest dose that will control symptoms snculd be chosen and meeica2cn should be discontinued as prc0Dlly as possible. Attempts 10 discontinue or taper medication should be mace at three:: to six-month intervals. Usual dosage range: 2 g to 4 9 Casty. intravag:n3ily, depending on the severity of :he condition. Patients won an intact uletus woo ate fleeted wuh either P08199RIN T3o,es or Vaginal Cream should be monitored lot signs of en00metriat cancer and appropriate measures taken to rule out malignancy in the event al persistent or recurring abnormal vaginal bleeding 10 1990, Wyem-Ayerst La00ratones Revised August 21. 1939 (Advertisement) PAGE % OF33 REQUEST FOR AMENDMENT TO MASSAGE ORDINANCE (450-20) Associate Planner Carol Cirelli presented the Staff report and advised that Ms. Veronica Krell, owner of A Touch of Health, 6995 Dublin Boulevard, requested an amendment to the Dublin Municipal Code, Chapter 4.20, Massage Establishments and Massage Services, Section 4.20.020 Exemptions. Ms. Krell requested that certified massage therapists be exempt from the provisions of the Massage Ordinance if they hold a valid, unrevoked certificate of massage therapy from an accredited institution, have completed a minimum of 500 hours of massage therapy instruction, are members of the American Massage Therapy Association, and hold a valid, unrevoked cosmetician's license of registration by the State of California Board of Cosmetology. A cosmetician is licensed in the State of California to massage the face, neck, arms, bust, or the upper part of the human body, and a cosmetologist is licensed to massage in addition to these body parts, the hands, feet and scalp. The State does not issue any other license that regulates massages other than what is allowed under the State cosmetician or cosmetologist license. The Applicant indicated that as a massage therapist, she is certified to massage the entire body, including legs and lower back. The Applicant's massage and cosmetology business is located in a C-2, General Commercial District zone. A massage parlor/establishment is not an allowed use within this zone. A massage parlor/establishment is permitted in a C-1, Retail Business District zone subject to the approval of a Conditional Use Permit. Under the Massage Ordinance, the massage therapist use is considered a massage establishment. Cm. Burton wanted clarification that discussion involved a zoning change from a C-1 to a C-2 and the qualifications of a person who applies for a massage parlor. He also asked if the Applicant was willing to pay for the costs to make an amendment to the Massage Ordinance. Ms. Cirelli responded that one would deal with the zoning ordinance and the other would deal with amendments to the massage ordinance or both. She further stated that the applicant was willing to pay the costs. Cm. Moffatt asked whether there would be an option to have a Conditional Use Permit to the C-2 zoning and if an exception could be made. Ms. Cirelli responded that an amendment to the Zoning Ordinance would be needed. Cm. Burton asked if barber shops and beauty parlors were allowed in the C-2 zone. Ms. Cirelli responded yes. Athwi A*n*n*n*n*A*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*A*n*n*n*n*n*n* CM - VOL 10 - 274 Regular Meeting July 22, 1991 PAGE€° OF�3 Veronica Krell, Applicant, thanked the Council for considering her ordinance amendment and she wanted to emphasize that the massage parlor was located in a full service beauty salon and that there were not signs advertising the massage parlor where she did massage therapy. She stated that C-2 is a service zone and that she felt that massages are a service she provided for people rather than a retail item which is what C-1 is zoned as. Cm. Burton questioned how you would distinguish that you are subleasing the beauty salon rather than having a separate massage parlor. He questioned how the Applicant would make changes to the Ordinance. Cm. Jeffery responded that Staff would be responsible for rewriting the Ordinance. Ms. Krell wanted to emphasize that this is therapeutic massages. Carol Bondy, owner of Nail Emporium where Ms. Krell leases her room, wanted to stress that this business was as a massage therapist and not a massage parlor. Cheryl Gia owns a hair business next door and is grateful that she is able to offer full services to her customers through the facials and massages. If Ms. Krell was forced to move to a new location, it would not be convenient for Ms. Gia's clients. She appreciated having Ms. Krell in the same location. Jane Manning, a client, stated that in the area of health when so many are stressed, it is wonderful to have a reliable, knowledgeable, up and up business such as Ms. Krell's. Dublin should be proud to have her in the community. Cm. Burton stated that he was impressed with her credentials including Kaiser and the obvious support from those present, but he was concerned with the clarification of how it will be defined but it was marvelous how willing the Applicant is to pay for the change to the ordinance. Mayor Snyder indicated that he felt that it was inappropriate for the Applicant to pay for the changes to the ordinance in that in the long run the change will benefit more people. He also felt it was inappropriate to indicate in the ordinance a requirement that membership must be held in a certain association. Cm. Burton felt that the simplest way was to amend C-2 zoning to allow massage establishments with a Conditional Use Permit. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Howard absent), the Council authorized Staff to initiate the ordinance amendment study to the Zoning Ordinance to allow massage establishments in a C-2, General Commercial District, with Conditional A * n * A * A * n * n * i. * n * n * A * n * n * n * n * n * A * n * n * n * n * n * n * n * n * n * A * A * n * A * A * A * A * A * A * A * CM - VOL 10 - 275 Regular Meeting July 22, 1991 PAGE a 9 Use Permit approval. The draft amendments will be reviewed by the City Police Department and the City Attorney and all applicable comments will be incorporated into the amendments. * * * PUBLIC HEARING LANDSCAPING AND LIGHTING DISTRICT NO. 1986-1, TRACT 5511 (360-20) Maykoi Snyder opened the public hearing. r Public 'Works Director Thompson explained that as a part of rie review and approval of the 145-unit single-family development a- Ridgecreek and the other, multi -family Villages, certain landscapi maintenance was made a condition of approval. The City Council ap, oved formation of the Assessment District on November 10, 1986 with the initial assessment in the 1987-88 tax year. The County Assessor collects these monies ter the City for the maintenance of landscaping and irrigation;' systems, right-of-way fencing, walls, entrande signs, and trash re oval. This year's assessment was proposed to b-'�$78.48 per single-family lot and $39.24 per multi -family lot. Alsf'proposed was the addition of maintenance of landscaping at the sm 1 area north of the Crossridge Road cul-de-sac, which is now a wee•, problem. On June 24th, the City Counc' adopted resolutions approving the Preliminary Engineer's Report d set the public hearing date. Notice of the public hearing was p ished, posted, and mailed to property owners in accordance with Go ernment Code regulations. Cm. Burton indicated that t was a good report. Mayor Snyder closed th = public hearing as there were no members of the audience who wished t• address the issue. Cm. Burton questioned whether the land consisted of all private or public property? Mr. Thompson responded that it was public property or in a public easement. It s to be in order for the City to maintain it under the Assessment Di-rict. Cm. Moffatt questioned whether this was 65% of last year's assessment and the C y was lowering the price. Mr. Tho •son responded that the City sets the Budget for what is consid- ed will be needed each year. Not many plants have died that ea. This is a sheltered area with the hills, as opposed to th other side on Stagecoach which really gets hit with the frost. Cm. Burton asked who was responsible for not spending all the money budgeted, the Public Works Department. A**A*A*A*.•*A*A*A*A*A*A*A.*A*A*A*A*A*.*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 276 Regular Meeting July 22, 1991 PAGE � O OF 33 C-N DI$TRICTS : 8-47.0 NEIGHBORHOOD BUSINESS DISTRICTS: INTT:NT. Neighborhood Business Districts hereinafter designated as C-N Districts, are established to provide for the development of small convenience shopping facilities. in areas which are predominantly residential, at locations where such facilities can be grouped without detriment, and to protect them by excluding uses which would tend to reduce their effectiveness as a neighborhood service. :Section 8-47-1 of Title 8 of th?Alameda Ccunty Ordinance Code is hereby amendad to read es s. -aa follows:'=-�_F'y;��;-. :..<:::� 3% -•- .•4_ti.'i- ;::'_ : .,::12ril:(2Pr :._:•.i:::: ''- 8-47.1 Permitted Uses: C-N Dlstrlcts.The following Principal Uses are permitted `in a'C.:N -r:^ '. -:District.•�•:';::":�;.::.�••:';:••_�;>:.'-: �•-';:•-=_,". _,:::::.:=:�=::•;..�..•.•_,:.:•:-:-�: [-"I.'aund .r.a) Bank, barber shop, beauty parlor, cleaning or laundry agency, restaurant, sell -service; ' •: laundry:'_i .t:::c.: 2` = � . -.1.—t - a_i :' .; •_'.::•.ti ;:. • ..1;_4_-i 11 b) .Store'tor sale at retail of books; cfothing, orugs,. flowers, food,' hardware, musical :.1 goods; photographic supplies:'packaged liquor, variety goods or household supplies..S f 1 :(.,'retail sales of auto parts, but not to include parts machining or any non..retail services;': - c) Office or office building. _ _ - :..• ?'.-..:; • L'.,-• .., to z' -- _,.. - ••..•o-•--2�w�'�uuua "ui ivuciiviu''•:4 :,up.Lle r—' c) 0ffi r e nr_p- :- r'p ou ldi�g. fl )wes,' f/' 1- ackagea )L- /'r(.77 8-47.2 CONDITIONAL USES: C-N DISTRICTS. In addition to the uses listed in Sections 8-60.60 and 8-61.0, the following are Conditional Uses in a C-N District and shall be permitted only if approved by the Zoning Administrator as provided in Section 8-94.0: a) Public utility substation, not ' including service yard, storage of materials, or vehicles, or repair facilities; • b) Parking lot; c) Service Station, Type A; d) Drive-in Business. (Amended by sec. 16, Ord. 70-57) • .8-47.21 Site Development Review: C-N Districts: Any structure 1,000 sq. ft. or more or; .'{{ :any construction aggregating 1,000 sql tt..or more placed since July 9,.1977, . ::1shalt be 'subject to Site Development Review pursuant to Section 8-95.0; unless zoning approval is granted upon the determination that the construction constitutes a minorproject and that •;.:: ;the Building Permit plans are in accord with the intent and objectives of the Site Develop.- l: t ment Review'procedure..—-__7...--r.•.,A.:...:..:.;_;`.:.v— _..,, .:...._,._..D (Amended by .sec. -4, Ord. 69-83) Drj..a. 77-4 7 0/77 Cyr 7/9/77 8-47.3 YARDS: C-N DISTRICTS. The yard requirements in C-N Districts shall be as folows, subject to the general provisions of Section 8-60.33: Depth of Front Yard - not less than twenty (20) feet; Depth of Rear Yard - none, except that where the abutting lot at the rear is in an R District there shall be Rear Yard having a depth not less than fifteen (15) feet; Width of Side Yard - none, except that where the abutting lot at the side is in any R District, there shall be Side Yard having a width not less than the minimum required in and the Side Yard on the street side of a Cor not less than ten (10) feet; PAGE 5 F33 5 C-1 DISTRICTS 8-48.0 RETAIL BUSINESS DISTRICTS: INTENT. Retail Business Districts, hereinafter designated as C-1 Districts, are established to provide areas for comparison retail shopping and office uses, and to enhance their usefulness by protecting them from incompatible types of commer- cial uses which can be provided for more effectively in the General Commercial Districts. (Amended by sec. 1, Ord. 68-58) 8-48.1. PERMITTED USES: C-1 DISTRICTS. The following Principal Uses are permitted in a C-1 District, subject to the limitations of Section 8-49.9: a) Retail store, except book store; b) Office, Bank; c) Barber shop, beauty parlor and beauty school, busi- ness school, dressmaking or knitting shop, tailor shop, cleaning or laundry agency, handicraft shop; d) Repair shoo for cameras, shoes, watches, household appliances; e) Self-service laundry; f) Restaurant; g) Parking lot as regulated by Section 8-48.4. • .•8-te.2 conditional Uses: sit Dlstnc-ta, The following are Conodonal llsus in Gi Districts and snail be permitted only if approved by the Zoning Admristrator as provided In Section 8.94. ','—.:�.•:. a) Hnsp talc "t: d st bt Community c) Animal Hospital, Kernel; (• ': d) ••Cubhouse, or morns 'used by members of an organized dub, lodge, union or society; •.,�';, �f-.���E -. ..• 1) ..Cornrnerdal recreation Iad:ty other than a theatre, it within a (wilding;.,:±.y:� :�"<::•': : _ • g) Storage Garage, and storage lots for Recreational Vehicles and Boats, ;y:::;:r'�•:�.', h)--Theaue, Drive-in Theatre: • -• .1) .Driverm Business:•H-• - - - - • A.•• Hotel, Motet, Boarding-ouse; , • •�' . k) • Automobile Sales lot; -.' •• • • ' _ I) Service Station, Type A: or a ladtly retaiing automotive partsand guppies which are nstaltedand . serviced on the site but does not include engine, transmission or dttlerentlal rebuilding or body repair, m) Plant nursery including the sale al Landscaping materials. excluding wet.mix concrete sales proving all equipment, supplies, and merchanoise other than plant materials are kept within a completely o) Adult Emenainmenl Activity, provided however, tlsat no Adult Entenainmenl Activity shall be looted y closer than 1,000 leer to the boundary of any residential zone or closer than 1,000 tel to any other _.• • Adult Entertainment Activity: __ - ... ,�'' ,., •-- - • - w q) Recycing Centers, when operated in conjunction with a PermitltG Use on the same premises; r) Advertising Signs. provided that no single sign shalt tie !tasting or intermittent, Con' tam moving pars Of • .• be located so as to be drected towards lands in any adjacent R district; . . s) In patient and oix patient heatlh fact lies as icensed by the State Department o1 Health Seences. . CfP 77 6/5/ PAGE3a OF C-2 DISTRICTS 8-49.0 Gr" NZ AL CMYERCIAL DISTRICTS: IflTENT. General Commercial Districts, hereinafter designated as C-2 Districts, are established to provide locations for relatively large areas containing facil- ities for a wide variety of business. and commercial activities needed to serve the community, and to provide a place for the business uses excluded from the C-1 Districts and to protect these areas from unsuitable activities of an industrial character. 8-49.1. PERMITTED USED: C-2 DISTRICTS. The following Principal Uses are permitted in a C-2 District: a) Any Principal Use Permitted in a C-0 District, pursuant to Section 8-46.1, or a C-1 'District pursuant to Section 8-48.1; b) Wholesale Business, storage of household goods, Storage Garage; • c) ' Contractor's office for businesses that are charac- terized by the installation of materials or equipment on the property of the purchaser; including interior storage of equipment and materials; d) -Retail service shops, including cabinet shop; furni- ture repair and refinishing; upholstering of furniture and automobiles; residential appliance repair; busi- ness machine repair; small mechanical equipment and component parts repair and service; bicycle, motorcycle, lawnmower and locksmith shops; auto repair garage and tire/recapping;. e) Ambulance service; automobile rental; clinic, cater- ing, job printing; interior decorating, tailoring, laboratory; ' f) Trade school. 414111 6-49.2CondwUonelUses:C-2013trlcts.Inaddtiontotheuses8stedinSections8-60:60and8-61.0: e • following are Condtional Uses in C-2 District and shalt be permitted onty,il approved by the Zcna g Administrator as provided in Sec:cn 8.94.0; , •., . _ • •• •_ = a) Hospital• b) Animal Hospital, Kennel' -'-. •. .:d) Community Faciily; :e)' ,Drive-in Theatre, Drive-in Business, Recreation Faciity, - •1) • Service Station, Type.A. and Type B: : ' g) 'Automobile, camper, boat end trailer•sales, storage or rental lot; •: c , 1 h) . Plant nursery including Ilse sale of landscaping materials, excluding wet•mix concrete sales, providng all equipment, suppies and merchandse other than plant materials arekept within a orrpletey • • • • enclosed building; �:;•�•�.:v.' - • _ I) • Auto Sales and Servile Agency: „ c•,.,. , , .. • ' ' 1 D . Advertising Sign, provided that no single sign'shail exceed three hundred (300) feet in area and no sign 1 shall be flashing or interirrrttent, contain moving parts or be located so as to be directed towards lands, any adjacent R District; , .• • - • s k) Tavem; .. . . 1 1) Adult Entertainment Activity, provided, however, that no Adult Entertainment Activity shall be!ccated closer Than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any cover - Adult Entertainment activity: - mt Inpatient and out patient health facilities as licensed by the Slate 0epanmenl of Heath Services. PAGE & 3 OF 3 (Amended by sec. 6, Ord. 68-58; amended by sec. 18, 0rd. 70-57; amended by sec. I, Ord. 73-27; amended by sec. 3, 0rd. 73-74; amended by sec. 3,