DATE: February 25, 2016
TO: Planning Commission
FROM: Planning Manager
SUBJECT
Title
Request to Operate a Spa with Full Body Massage in Conjunction with a Nail Salon at 199 Jackson Street, requiring approval of a Conditional Use Permit. Luu Que, Que Beauty Spa (Applicant) / Shamco Investment (Owner)
Recommendation
RECOMMENDATION
That the Planning Commission finds that the proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) guidelines, Section 15303(c) New Construction or Conversion of Small Structures, and approves the conditional use permit subject to the findings in this staff report and attached conditions of approval (Attachment IV).
Body
SUMMARY
The applicant has requested approval of a Conditional Use Permit to operate a spa with full body massage in conjunction with a nail salon in one of three tenant spaces of a commercial building, located at 199 Jackson Street (see Attachment I, location map). The spa will include two rooms/tables for full body massage in addition to the foot massage, facial massage and nail services typically offered at a nail salon. Hayward Police Department staff have reviewed the application and is recommending that the applicant understand and comply with all the requirements and restrictions contained in the ’Citys Massage Permit Ordinance <http://www.hayward-ca.gov/CITY-GOVERNMENT/DEPARTMENTS/CITY-CLERK/MUNICIPAL-CODE/CH06A10_eff021915.pdf>.
BACKGROUND
Que Luu, owner of the Que Beauty Spa, submitted an application for a Conditional Use Permit for full body massage in conjunction with a nail salon at 199 Jackson Street on December 16, 2015. A Building Permit to remodel the space for a new nail salon at this location had been filed in July 2015. The applicant was made aware through the building permit process that if full body massage was to be included in the improvements, a Conditional Use Permit would need to be applied for and approved before the massage could be conducted on site.
The subject site, 199 Jackson Street, is located east of Soto Road along one of the primary thoroughfares leading into downtown Hayward. The zoning along this stretch of Jackson Street is General Commercial (CG). Jackson Street, (State Route 92) is lined with commercial uses including a mix of older commercial buildings, some of which include vacant tenant spaces, and newer developed neighborhood shopping centers. Single-Family residential homes border the site to the south along Traynor Street. The John Muir School, which houses a Head Start Preschool, is located south of the site on Soto Road and Orchard Avenue approximately 1,500 feet away, and Winton Middle School is located to the northwest of the site on Winton Avenue and Soto Road approximately 2,000 feet away (see Attachment I).
DISCUSSION AND STAFF ANALYSIS
Project Description - The subject Conditional Use Permit applicant is requesting to operate full body massage in conjunction with a nail salon. The subject site is a 14,532 square foot parcel with an existing 3,828 square foot commercial building. The subject tenant space is 1,276 square feet, one of three spaces within the existing building. A liquor store and a dry cleaning establishment occupy the other two spaces. The subject tenant space was occupied by a beauty salon in the past but has been vacant for a few years (Attachment III).
The proposed floor plan layout for the salon/spa includes nail and spa chairs in the first third of the tenant space where the manicure and pedicure services will be offered, and massage rooms in the middle area of the tenant space where the facial and full body massage will be offered. The layout includes two rooms specific for the full body massage occupying approximately 161 square feet, or 12% of the total floor area of the space (Attachment II). The proposed hours of operation of the Nail Salon/Spa are 9:30 a.m. to 9:00 p.m. Monday through Sunday.
Police Permitting Requirements - The Hayward Police Department (HPD) conducted an investigation as part of their review of the application. The results of the investigation did not yield any information that would cause HPD to recommend denial of the request. It was established that the applicant, Que Luu, currently owns and manages the LM Nice Spa at 915 C Street in the City of Hayward. This business provides manicure, pedicure, facial, foot & body massage services. The applicant has indicated she will sell this business if the new business is approved.
HPD recommendations include the requirement to comply with the Massage Permit Ordinance, which includes permit requirements and restrictions imposed on massage establishments that are reasonably necessary to protect the health, safety and welfare of the citizens of Hayward, as well as to ward against illegal sexual commerce. The permit requirements include obtaining a Massage Establishment Permit as well as Massage Therapist Certification. All massage therapists working at the establishment shall comply with the standards established by the Alameda County Health Services outlined in Section 6-10.18 of the ’Citys Massage Permit Ordinance <http://www.hayward-ca.gov/CITY-GOVERNMENT/DEPARTMENTS/CITY-CLERK/MUNICIPAL-CODE/CH06A10_eff021915.pdf> (Ordinance).
HPD also recommend that the applicant be aware that the Massage Establishment Permittee shall be held responsible for the conduct of all persons on the premises who engage in providing the service of massage therapy outlined in Section 6-10.19 of the Ordinance.
Conditional Use Permit Findings - In order for the Conditional Use Permit to be approved, the Planning Commission must make the following findings. Staff’s responses to the findings are below
A. The proposed use is desirable for the public convenience or welfare.
The proposed full body massage use in conjunction with a nail salon that already offers manicure, pedicure, and facial services will offer the public the convenience of the full range of spa services in one place rather than having to travel to a different business for the full body massage. A consumer can choose from the full range of services or individual services depending on their needs or preferences.
B. The proposed use will not impair the character and integrity of the zoning district and surrounding area.
The proposed full body massage being offered as part of a salon/spa use supports the commercial use and potential success of the business. The salon/spa use is a commercial use that is neighborhood-serving and fits within the larger commercial area along Jackson Street. The proposed use occupies only 12% of the floor area of the salon/spa area and will not dominate the overall services provided to the community. The closest residential area to the proposed use is to the south of the site, which should not be affected by any of the commercial traffic generated by the use. The residential area immediately adjacent should not be impacted by the proposed use due to the nature of the use being a “quiet” use. The only noise generated will be in the form of vehicle traffic to the site during the proposed hours of operation, 9:30 a.m. to 9:00 p.m.
C. The proposed use will not be detrimental to the public health, safety, or general welfare.
The proposed massage use is subject to the City of Hayward Massage Establishment Ordinance, which contains permitting requirements and restrictions that are reasonably necessary to protect the health, safety and welfare of the citizens of the City of Hayward. The applicant is required to obtain a Massage Establishment Permit and Massage Therapist Certification. Additionally, every massage therapist working at the establishment is required to comply with the standards established by the Alameda County Health Services outlined in Section 6-10.18 of the City’s Ordinance.
D. The proposed use is in harmony applicable City policies and the intent and purpose of the zoning district involved.
A massage parlor is listed as a personal service and is permitted subject to the approval of a Conditional Use Permit in the General Commercial Zoning District. Approval of a Conditional Use Permit, containing certain conditions of approval, assure that this use is permitted where there is a community need, and that the use in its operation is in harmony with the area and with City policies. The purpose of the General Commercial Zoning District is to include services supportive of the primary business activities in the Central Business (CB) and Central City Commercial (CC-C) districts. Allowing the full range of spa services in one place relives the pressure for separate commercial spaces to be devoted to a single service of massage and salon.
ENVIRONMENTAL REVIEW
It has been determined that the conditional use permit application is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) guidelines, Section 15303(c), New Construction or Conversion of Small Structures.
PUBLIC OUTREACH
On December 28, 2015, an Official Notice of Receipt of Application was sent to every property owner and occupant within 300 feet of the subject site, as noted on the latest assessor’s records. Staff did not receive any comments or interest as a result of the Receipt of Application notice.
On February 11, 2016, an Official Notice of this public hearing was sent to every property owner and occupant within 300 feet of the subject site, as noted on the latest assessor’s records. On February 13, 2016, a legal ad for the public hearing was placed in TheDaily Review newspaper.
NEXT STEPS
The Planning Commission decision begins a 10-day appeal period, where an aggrieved party may appeal the Commission’s action to the City Council (or item can be called-up to Council by a Council member), which would expire at 5:00 p.m. on March 7, 2016. If approved and there is no appeal filed within that time period, the applicant may proceed with efforts to open the business. If denied and no appeal is filed, the decision of the Planning Commission would be final.
Staff contact
Prepared by: Jeannie Hamilton, AICP, Associate Planner
Approved by:
Sara Buizer, AICP, Planning Manager
David Rizk, AICP
Development Services Director
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Attachments:
Attachment I Area and Zoning Map
Attachment II Floor Plans
Attachment III Aerial and Photograph
Attachment IV Conditions of Approval