Title
PLN23-0035; Consideration of a Conditional Use Permit (CUP) to permit the operation of a massage therapy use within an existing 354 square-foot suite in an 11,684 square-foot multi-tenant office building at 400 Estudillo Avenue, Suite 207; Zoning District: DA-2, Downtown Area 2; Alameda County Assessor’s Parcel Number 77-460-12; Yihua Ma, Nina Therapy Massage Studio (applicant); Robbin Beebe, Free Bird Properties, LLC (property owner).
Staffreport
SUMMARY AND RECOMMENDATION
The applicant is requesting approval of a Conditional Use Permit (CUP) to permit the operation of a massage therapy use within an existing 354 square-foot suite in an 11,684 square-foot multi-tenant office building at 400 Estudillo Avenue, Suite 207. Per Zoning Code Section 2.08.228.B.21, the operation of a massage therapy use in the DA-2 (Downtown Area 2) zoning district requires a CUP.
Staff recommends that the Board of Zoning Adjustments (BZA) adopt the attached Resolution, approving a CUP for the operation of the proposed massage therapy use at 400 Estudillo Avenue, Suite 207 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
BACKGROUND AND RELATIONSHIP TO SURROUNDING AREA
The project site is located in the DA-2 (Downtown Area 2) zoning district at the north side of Estudillo Avenue, between Santa Rosa Street and Huff Avenue. The parcel to the east is occupied by an office use. Parcels to the west are occupied by multi-family residential buildings and the San Leandro Public Library. The parcel to the north is occupied by a single-family home. The parcel to the south, across the street, is occupied by a funeral home.
The subject site is improved with an 11,684 square foot, two-story multi-tenant office building with a 24-space parking lot located at the rear of the building. The building is currently occupied by various commercial tenants such as insurance, accounting, medical, and legal offices according to City business license data.
PROJECT PROPOSAL
The proposed massage therapy establishment would operate six days per week (closed on Tuesdays) from 10:00am to 6:00pm. There would be only one employee, a massage therapist, on site during operation. The applicant anticipates an average of three to five clients per day.
The proposed massage establishment would be contained entirely within a 354 square foot tenant space on the second floor of an existing multi-tenant office building. The tenant space would consist of a reception area, a treatment area with one massage table and a therapist office with one massage table. The floor plan design is open with a half partition between the reception area and treatment area. The therapist office is an enclosed room with a window into the treatment area.
STAFF ANALYSIS
In the DA-2 zoning district, a “massage therapy” use is conditionally permitted and requires authorization from the BZA. Conditionally permitted uses are reviewed on a case-by-case basis for compatibility with the surrounding area and the approval authority may impose reasonable conditions of approval to ensure compatibility and protect public health, safety and welfare.
The applicant’s proposed massage business was analyzed by staff to be appropriate for the site and compatible with the surrounding area, with the implementation of the recommended conditions of approval. The proposed use would not impact surrounding uses because the business would occur entirely indoors within an existing tenant space that is adequate to accommodate the proposed use. The proposed massage therapy use would be compatible with the professional and medical offices currently operating in the same multi-tenant office building.
The proposed massage therapy use would be subject to the requirements of Municipal Code Chapter 4-23, which provides minimum qualifications for massage establishments, and minimum building, sanitation, and operation standards for massage services to ensure that all massage services in San Leandro are provided in a lawful and professional manner. Municipal Code Chapter 4-23 contains various requirements, including a requirement to obtain an Operator Permit from the City to demonstrate compliance with Municipal Code Chapter 4-23, and a requirement that massage therapists be certified through the California Massage Therapy Council. The recommended conditions of approval for this CUP includes a condition requiring compliance with all requirements of Municipal Code Chapter 4-23.
The project site is located within ½ of a Major Transit Stop, the San Leandro BART Station, thus, minimum off-street parking is not required. The building has a 24-space parking lot at the rear that requires permits for tenant off-street parking. One parking space is designated for Suite 207 with a permit.
The proposed use would be consistent with all applicable zoning regulations. Recommended conditions of approval have been provided by the Planning Division, Alameda County Fire Department, and Building and Safety Division to ensure that the proposed use would not be detrimental to surrounding land uses.
FINDINGS OF FACT
To approve the proposed Conditional Use Permit, the Board of Zoning Adjustments must make certain findings of fact pursuant to Zoning Code Sections 5.08.124. Staff has analyzed the proposal and determined that the following required findings can be made.
Conditional Use Permit
1. The proposed location of the use is in accord with the objectives of the Zoning Code and the purposes of the DA-2, (Downtown Area 2) Zoning District in which the Property is located;
The subject site is located in the DA-2 Zoning District, which is a Commercial and Professional District with an objective to promote a full range of office, retail commercial, and service commercial uses needed by residents, businesses, and visitors in the City and region. The proposed use would contribute to this objective by adding to the wide range of uses within the DA-2 Zoning District.
2. The proposed location of the Project and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing, or working in, or adjacent to, the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity, or to the general welfare of the City;
The proposed location of the use and the conditions under which it would be operated are consistent with the General Plan and the site's MUD (Downtown Mixed Use) Land Use Designation, which encourages a range of commercial uses in Downtown San Leandro. As conditioned, the massage therapy business would be required to comply with San Leandro Municipal Code Chapter 4-23, which provides minimum qualifications, and building, sanitation, and operation standards for massage establishments to ensure the massage establishment will operate in a lawful and professional manner. The recommended conditions of approval would further ensure that the proposed use would not be determinantal to public health, safety or welfare.
3. The proposed Project will comply with the provisions of the Zoning Code, including all requirements for the proposed use in the Downtown Area 2 Zoning District in which it would be located; and
The proposed massage therapy business, as conditioned, would comply with all applicable requirements in the Zoning Code and the requirements of the Downtown Area 2 Zoning District.
4. The proposed Project will not create adverse impacts on traffic or create demands exceeding the capacity of public services and facilities, which cannot be mitigated.
The parcel is adequately served by utilities and public services. Based on the size and nature of the operation, the business is not anticipated to generate a high traffic or parking demand. Additionally, because the project site is located within ½ of a Major Transit Stop, the San Leandro BART Station, minimum off-street parking is not required. The building has a 24-space parking lot at the rear that requires permits for tenant off-street parking. One parking space is designated for Suite 207 with a permit. Therefore, the project would not create adverse impacts on traffic or create demands exceeding the capacity of public services and facilities.
GENERAL PLAN CONFORMANCE
The subject property is designated Downtown Mixed Use (MUD) in the City’s General Plan Land Use Map. The Land Use Element of the General Plan states that this designation “allows a range of uses which together create a pedestrian-oriented street environment. Those uses include retail shops, services, offices, cultural activities, public and civic buildings, and similar and compatible uses.” The proposed massage therapy business would contribute to range of services envisioned for the MUD District The proposal is consistent with the following General Plan goals and policies contained in the Land Use (LU) and Economic Development (ED) Elements:
Policy LU-2.1. Complete Neighborhoods. Strive for “complete neighborhoods” that provide an array of housing choices; easy access to retail stores, commercial services, and medical care; quality public schools; great parks and open spaces; affordable transportation options; and civic amenities.
Policy ED-2.7. Small Businesses. Create a supportive environment for small businesses, particularly locally-owned retail and service businesses Downtown and in the city’s neighborhood centers.
Policy ED-4.5. Downtown San Leandro. Continue efforts to transform Downtown into a successful, pedestrian-oriented, mixed-use district with services and amenities for workers, residents, and visitors. Downtown should be the gathering place for the city, providing restaurants, cafes, and a wide range of retail stores and services in a walkable setting.
ENVIRONMENTAL REVIEW
This proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, as an existing facility. The proposed use would occur within an existing commercial office building.
PUBLIC OUTREACH
A notice of public hearing was published for this project in the East Bay Times Daily Review newspaper, mailed to property owners within 500 feet of the subject property, and posted at the project site and at City Hall on October 23, 2023.
RECOMMENDATION
Staff recommends that Board of Zoning Adjustments adopt the attached resolution determining that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 and approving Conditional Use Permit (PLN23-0035) for the operation of a massage therapy use at 400 Estudillo Avenue, Suite 207, based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
ATTACHMENTS
1. Resolution 2023-XX with Recommended Findings of Fact and Conditions of Approval Approving a Conditional Use Permit PLN23-0035
Attachment 1 Exhibit A: Project Plans
Attachment 1 Exhibit B: Project Statement
2. Vicinity Map
PREPARED BY:
Anne Wong, AICP
Associate Planner
Planning Division