Planning Commission Staff Report
Report Prepared by: Valeria Renteria, Associate Planner, Development Services Department
Title
SUBJECT: Conditional Use Permit #25-0004, initiated by Michael Chen, applicant for 1700 Investors, LLC, property owner. This application involves a request to establish a Massage Therapy Spa at 2975 G Street. The subject site is generally located on the west side of G Street, approximately 230 feet south of East Alexander Avenue. The subject site has a General Plan designation of Neighborhood Commercial (CN) and a zoning classification of Planned Development (P-D) #2. **PUBLIC HEARING**
ACTION: Approve/Disapprove/Modify
1) Environmental Review #25-0009 (Categorical Exemption)
2) Conditional Use Permit #25-0004
SUMMARY
Michael Chen is requesting conditional use permit approval to convert a retail suite into a massage center. The proposed massage establishment would be located in a 1,200-square-foot suite within an approximately 6,300 square foot building that includes two other commercial establishments. The subject site is currently developed and is located on a 9.92 acre parcel commonly known as Bear Creek Plaza at the southwest corner of west Alexander Avenue and G Street. Massage establishment uses are allowed in the Neighborhood Commercial designation with approval of a conditional use permit pursuant to Merced City Zoning Ordinance Table 20.10-1. The Planning Commission will be reviewing this proposal to ensure that the proposal is designed in a manner that minimizes negative impacts to the existing site and promotes compatible and orderly development with the surrounding uses. Staff is recommending approval with conditions.
RECOMMENDATION
Planning staff has reviewed this request and recommends that the Planning Commission approve Environmental Review #25-0009 (Categorical Exemption) and Conditional Use Permit #25-0004, including the adoption of the Draft Resolution at Attachment A subject to the conditions in Exhibit A and the findings/considerations in Exhibit B.
Body
DISCUSSION
Project Description
The applicant is requesting conditional use permit approval to operate a massage establishment within the Bear Creek Plaza at 2975 G Street (Attachment B). The applicant is requesting approval for a maximum of 5 massage technicians working during the largest shift. All massage technicians would be required to obtain a license from the California Massage Therapy Council, a State level agency that verifies proper massage training requirements, conducts health screening, and provides individual background checks. This would be verified by Planning staff prior to opening the business. The business would operate daily, generally between the hours of 9:30 a.m. and 9:00 p.m. (see Condition #14 of Planning Commission Resolution #4157). The business would take both walk-ins and appointments. Massage technicians would provide a variety of massages ranging from foot massages to full-body massages. Security measures are being provided by the applicant, such as installing video cameras inside their business (see Condition #12 of Planning Commission Resolution #4157).
Surrounding Uses
|
Surrounding Land |
Existing Use of Land |
City Zoning Designation |
City General Plan Land Use Designation |
|
North |
Commercial Suite |
Planned Development (P-D) #2 |
Neighborhood Commercial (CN) |
|
South |
Commercial Strip Mall |
Planned Development (P-D) #2 |
Neighborhood Commercial (CN) |
|
East |
Commercial Uses (across G Street) |
Office Commercial (C-O) |
Commercial Office (CO) |
|
West |
Professional Office Uses (Dental, Medical, Law and Engineering Offices) |
Planned Development (P-D) #2 |
Commercial Office (CO) |
Background
The Bear Creek Village Shopping Center was approved in March 1977. The Subject site is located within Planned Development (P-D) #2 and has a General Plan designation of Neighborhood Commercial (CN). The shopping center was approved to have a mixture of uses within the five buildings at the site.
Background on Massage Establishments
Previous State Law did not allow local jurisdictions to treat massage establishments differently from other personal services such as barber shops, beauty salons, estheticians, nail salons, etc. In August 2014, Assembly Bill No. 1147 (“Massage Therapy Act of 2014”) was passed by the California Legislature and signed by the Governor. This new legislation went into effect on January 1, 2015. Soon after the City Council updated the Zoning Ordinance (and all other relevant sections) to reflect changes in State Law. New massage technicians were required to obtain background check approval and health screening approval at the State level, instead of working with local jurisdiction such as the City’s Police Department and the Merced County Environmental Health Department. After going through this new State process, massage technicians are given a license number that is verified by Planning staff through the California Massage Therapy Council monitoring website (camtc.org).
In general, new massage establishments operated by sole practitioners (1 technician) are principally permitted within most commercial zones and processed with a standard City Business License Application. Conditional use permits are not needed for sole practitioners. However, new massage establishments with multiple technicians (more than one technician) require a conditional use permit reviewed and approved by the Planning Commission. The conditional use permit process gives the City’s Police Department an opportunity to review the proposal and recommend conditions regarding security measures, video camera installation, access to video footage, etc. The first conditional use permit for a massage establishment since adopting the new land use policy in 2015, was applied for by the same applicant and reviewed by the Planning Commission in May 2020.
Findings/Considerations
Please refer to Exhibit B of the Draft Planning Commission Resolution at Attachment A.
ATTACHMENTS
A. Draft Planning Commission Resolution #4157
B. Location Map
C. Floor Plan
D. Operation Details
E. Categorical Exemption
F. Presentation