TO: PLANNING COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JANUARY 16, 2024
SUBJECT:
Title
REQUEST FOR A CONDITIONAL USE PERMIT FILE #23-C08, TO ALLOW FOR THE COMMERCIAL USE OF A TENANT SPACE AS A MASSAGE ESTABLISHMENT, LOCATED IN THE COMMERCIAL HIGHWAY ZONING DISTRICT AT 226 WEST FOOTHILL BOULEVARD, SUITE H. APPLICANT - WILDFLOWER WELLNESS THERAPIES, LLC.
Body
SUMMARY
The applicant, Wildflower Wellness Therapies, LLC, is requesting approval of a Conditional Use Permit (CUP) File #23-C08 to allow the operation of a massage establishment. The proposed massage establishment will be located at 226 West Foothill Boulevard, Suite H, and will occupy an approximately 400-square-foot tenant space located on the southeast corner of Foothill Boulevard and North Yale Avenue.
Staff finds the proposed use is appropriate for the site, finds that the review criteria for the CUP can be met and the use is consistent with the Claremont Municipal Code (CMC) and General Plan, is not out of character with the existing commercial complex, and would add to the diverse mix of uses currently located within the complex.
RECOMMENDATION
Recommended Action
Staff recommends the Planning Commission:
A. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT #23-C08, A REQUEST FOR THE COMMERCIAL USE OF A TENANT SPACE AS A MASSAGE ESTABLISHMENT LOCATED AT 226 WEST FOOTHILL BOULEVARD, SUITE H. APPLICANT - WILDFLOWER WELLNESS THERAPIES, LLC; and
B. Find this item is exempt from environmental review under the California Environmental Quality Act (CEQA).
Body
ALTERNATIVES TO RECOMMENDATION
In addition to the recommendation, there are the following alternatives:
A. Approve the project with additional or revised Conditions of Approval.
B. Deny the Conditional Use Permit #23-C08, specifically identifying the findings of Section 16.303.040 that cannot be met.
FINANCIAL REVIEW
The processing of this application has no financial impact on the City as the applicant is responsible for paying all costs associated with its review and approval.
ANALYSIS
Background
The project site has a General Plan designation of Commercial and is located within the Commercial Highway (CH) zoning district.
Pursuant to the Municipal Code, the commercial zones were established to “provide opportunities, including supermarkets, theaters, restaurants, and specialty retail stores.” The CH District, pursuant to CMC Section 16.051.010, is intended to provide for a broad spectrum of “general retail, service, and office uses to serve local, as well as broader regional, market areas.” The tenant space, Suite H, which the applicant is proposing to occupy has a total area of approximately 400 square feet and is located in the basement of the multitenant commercial building.
Pursuant to CMC Section 16.051.020 (Table 16.051.A - Permitted Use Chart), uses characterized as “massage/acupressure as primary use,” require the approval of a CUP in the CH zoning district. This process allows the Planning Commission to carefully review each required business component and, if approved, add conditions specific to its operation.
On September 22, 2015, the City Council approved Ordinance Nos. 2015-09 and 2015-10 amending the Claremont Municipal Code and Village Expansion Specific Plan placing restrictions on existing and proposed massage therapy businesses within the City. The ordinances were in response to Assembly Bill 1147, enacted to combat suspected problems with human trafficking and prostitution associated with some massage establishments.
Surrounding uses include the following: medical/health services, personal services, and children’s educational classes. Neighboring businesses consist of Pacific Western and U.S. Bank to the north; several retail spaces including The Velo bike shop to the west; single family residences to the south; and The Meat Cellar and Rev’d Up Coffee to the east.
Project Description
The applicant, Wildflower Wellness Therapies, LLC, is requesting approval of a CUP to establish the operation of a new massage studio in an approximately 400-square-foot tenant space. Wildflower Wellness Therapies, LLC is owned and operated by Ms. Jennifer Krause, a licensed massage therapist. Before establishing Wildflower Wellness Therapies, Ms. Krause owned several senior living facilities in Upland; her experience working with seniors led her to obtain her massage licensure and start the massage therapy business.
The proposed massage establishment will offer massage services, including Swedish, deep tissue, lymphatic and myofascial massage, as well as aromatherapy. The tenant space is a basement suite which features a reception area, a waiting room, two storage spaces, and a treatment room where massage services will be provided. The required washbasin is conveniently located above the tenant space in a shared restroom, which easily accommodates Jennifer Krause as the sole technician. The applicant estimates she will serve an average of four patrons per day, by appointment only. The proposed hours of operation are 10:00am-6:00pm, Monday through Saturday, and closed on Sundays. Parking for the proposed use is adequately served by existing on-site parking; the lot, located to the rear of the tenant space, offers thirty-four spaces, two of which are ADA-compliant. The ramp providing access to the basement tenant suite is located at the rear of the building and is easily accessible from the parking lot.
The applicant is not proposing any expansion of the unit, nor will they be making significant tenant improvements before they can begin operating the business. The existing structure meets all of the development standards required by the CH zoning district, and no site improvement will be required to accommodate the proposed use. Planning staff consulted the Claremont Police Department and the Police Department has no objections to the proposed massage establishment.
Planning staff supports the approval of Conditional Use Permit #23-C08 based upon the following criteria: the applicant is a licensed technician with experience providing massage therapy services, the tenant space is well-suited for a small massage establishment, and is located amidst comparable and compatible uses.
Basis for Recommendation
The approval of a CUP, for a new massage business, requires that the Planning Commission make certain findings as set forth in Section 16.303.040 of the CMC. Staff has reviewed the proposal and determined that the business satisfies each necessary finding as described in detail in the draft approval resolution (Attachment A).
CEQA REVIEW
The Community Development Department has determined that the project under review is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 - Existing Facilities (Class 1), in that the project entails the continued leasing of an existing tenant space within a private structure involving negligible or no expansion of an existing or former use. The project involves the operation, permitting, and leasing of a commercial use that is consistent with the zoning designation, General Plan Land Use district, and uses within other tenant spaces of the same building and complex, and does not propose any expansion of the existing tenant space proposed for use, and will not require additional site improvements to accommodate the business operations proposed. Therefore, no further environmental review is necessary.
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact Nhi Atienza at (909) 399-5484 or via email at natienza@ci.claremont.ca.us.
On Thursday, January 4, 2024, the property was posted, and written notices were mailed to property owners within 300 feet of the boundaries of the site. Notice of the public hearing where the CUP is being considered was published in the January 5, 2024, edition of the Claremont Courier. Copies of this staff report have been sent to the applicant and all other interested parties.
Submitted by: Reviewed by:
Brad Johnson Nikola Hlady
Community Development Director Senior Planner
Prepared by:
Raquel De Leon
Planning Intern
Attachments:
A - Resolution Approving Conditional Use Permit #23-C08
B - Site & Floor Plan
C - Business Narrative