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HomeMy WebLinkAboutPC Reso 01-19 PA01-020 Massage within Hairquarters CUP RESOLUTION NO. 01 - 19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 01-020 · HAIRQUARTERS AND MORE CONDITIONAL USE PERMIT REQUEST TO OPERATE A MASSAGE ESTABLISHMENT WITHIN AN EXISTING TENANT OFFICE SPACE LOCATED AT 7059 VILLAGE PARKWAY. WHEREAS, the applicant Jennifer Livergood, of Hairquarters and More has requested approval of a Conditional Use Permit to establish a Massage Establishment within an existing beauty salon located at 7059 and 7061 Village Parkway, within a C-2 General Commercial Zoning District. WHEREAS, the Planning Commission held a properly noticed public hearing on said application on August 14, 2001; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301 (a); and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that: mo The proposed use serves the public need by providing massage therapy and skin care services within an established beauty salon to provide residents within the surrounding area an oppommity to patronize these types of services in the City. B° The proposed use 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 because the proposed use creates no recognizable negative impacts and the proposed use will serve a public need by providing massage therapy services to the vast community of Dublin. g:~a\01-020\ reso.doc Co The proposed use will not be injurious to property or improvements in the neighborhood because the City of Dublin Police Services Dublin Regulations will be met. There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health, safety, and welfare, 'because no facilities will be altered, and no increase in public service demands will result from the proposed use. Bo The subject site is physically suitable for the type, density and intensity of the use being proposed because the existing beauty salon is compatible with the surrounding uses. Nearby shops in this pedestrian-oriented shopping center include art galleries, specialty and novelty shops that provide specialty services to nearby residents, which are limited in the City. The proposed use will not be contrary to the specific intent established for the C-2 General Commercial Zoning District and the Dublin Downtown Specific Plan in which it is proposed because it is permitted with an approved Conditional Use Permit. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 01-020 Hair Quarters and More Conditional Use Permit request to establish a Massage Establishment within an existing beauty salon located at 7059 and 7061 Village Parkway, 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 establi.qhment 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, [13] Building, [PO] Police, [PW] Public Works [ADMI Administration/City Attorney, [FIN] Finance, IF] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. Prior to establishing the use, the applicant shall obtain the Massage Establishment Permit from the Dublin Police, shall submit evidence (copy) to the Community and Development Director and shall comply with the specific requirements in Chapter 4.20 of the Dublin Municipal Code. [PO, PL] The applicant shall comply with all applicable regulations and requirements of Dublin Building Department, Alameda County Fire Department, Dublin Police Services, Dublin Public Works Department, and Department of Community Development. [B, PL, F, PO] All activities associated with the Massage Establishment 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 and surrounding businesses. [PL, PO] g:~pa\01-020\ reso.doc 2 On an annual basis, this conditional Use Permit approval shall be subject to a review by the Community Development Director to determine compliance .with the Conditions of Approval. [PL o This approval shall become null and void in the event the approved uses cease to operate for a one- year period. [PL] This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 8.96.020.I, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. [PL, PO] PASSED, APPROVED AND ADOPTED this 14th day of August, 2001. AYES: Cm. Johnson, Musser, Fasulkey and Nassar NOES: ABSENT: Cm. Jennings ATTEST-: Planning C~¢n~ssion Chairperson Community Development Director GfPAO 1-020/CUPRESO g:~pa\01-020\ reso.doc 3