TO: PLANNNG COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 15, 2024
SUBJECT:
Title
REQUEST FOR A CONDITIONAL USE PERMIT (FILE #24-C03), TO ALLOW BODY MASSAGE SERVICES WITHIN AN EXISTING DAY SPA BUSINESS, LOCATED IN THE CLAREMONT SQUARE COMMERCIAL CENTER AT 936 WEST FOOTHILL BOULEVARD. APPLICANT - XIAOLI SUN AND JIANXIA LIU.
Body
SUMMARY
The Applicants, Xiaoli Sun and Jianxia Liu, request approval of a Conditional Use Permit (CUP) File #24-C03 to allow body massage services within an existing day spa business. Specifically, the massage services will be in conjunction with other services currently offered, such as facials, cupping, reflexology, and scalp massages. The existing beauty service business is located within the Claremont Square commercial center located at 936 West Foothill Boulevard. The proposed massage services will occupy 175 square feet in an existing 1,450-square-foot tenant space, which is less than 40% of the floor area of the office and is therefore classified as ancillary to the larger medical use.
Although the proposed use is consistent with the Claremont Municipal Code, General Plan, and Mixed Use 3 zoning district, Staff has determined that the proposed massage use is likely to impact the surrounding area negatively and recommends denial of the requested CUP application to the Planning Commission.
RECOMMENDATION
Recommended Action
Staff recommends the Planning Commission adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA DENYING CONDITIONAL USE PERMIT #24-C03, A REQUEST TO ESTABLISH BODY MASSAGE SERVICES WITHIN AN EXISTING DAY SPA BUSINESS LOCATED IN THE CLAREMONT SQUARE COMMERCIAL CENTER AT 936 WEST FOOTHILL BOULEVARD. APPLICANT - XIAOLI SUN AND JIANXIA LIU.
Body
ALTERNATIVES TO RECOMMENDATION
In addition to the recommendation, there are the following alternatives:
A. Continue the item for additional information, or
B. Express an intent to approve CUP #24-C03 and continue the item to November 5, 2024 for adoption of an approval resolution.
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 Claremont Square commercial center is located on the south side of West Foothill Boulevard and directly west of Mountain View Elementary School. Other businesses within this center include a hair salon, nail salon, exercise studio, real estate office, and two restaurants. The General Plan designation for this site is Mixed Use and is within the Mixed Use 3 (MU3) zoning district. Uses surrounding the Claremont Square commercial center consist of commercial buildings and tenants to the north and west, single-family homes to the south, and Mountain View Elementary school to the east.
The tenant space the Applicant currently occupies has a total floor area of approximately 1,450 square feet. The Applicant intends to add massage therapy services to the existing space with no expansions to the currently leased tenant space. The proposed massage will occupy approximately 175 square feet of the 1,450 square foot tenant space, or 12%. Because the area used for massage is less than 40% of the leased floor area, the proposed use is classified as “massage as ancillary use to primary permitted use.” Pursuant to CMC Section 16.051.020 (Table 16.051.A - Permitted Use Chart), the proposed use is permitted in the MU3 zoning district only with the approval of a CUP. The CUP process allows the Planning Commission to carefully review each proposal and add conditions specific to its operation.
Pursuant to the Claremont Municipal Code (CMC), the mixed-use zones were established to “encourage the development and redevelopment of specific areas of the City into quality, dynamic, pedestrian-oriented environments by permitting a combination of commercial, office, service, entertainment, and residential uses within these areas.” The Mixed Use 3 district, pursuant to CMC Section 16.040.010, is intended to provide “as a transition to adjacent single-family residential uses development.”
On September 22, 2015, the City Council approved Ordinance No. 2015-10, amending the Claremont Municipal Code, 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.
On December 15, 2015, the Planning Commission approved a CUP for a pre-existing massage business to continue operating at 934 West Foothill Boulevard within Claremont Square Center. Since then, the business has changed ownership many times until, on May 17, 2023, the Claremont Police Department made an arrest for misdemeanor solicitation. Business activity was suspended, and the City issued a Notice of Intent to Revoke the City Business License in January 2024. Similarly, across Foothill Boulevard at 965 West Foothill Boulevard, Claremont Police made arrests for misdemeanor prostitution and conducting massages without a permit in October of 2023. For this reason and more identified in the Resolution (Attachment A), staff provided the applicants with a letter stating the City’s intent to recommend denial of the project (Attachment B). As a response, the applicants submitted a letter recognizing the identified issues and a statement of intent to ensure their operations will not pose a risk to the surrounding community (Attachment C). The applicants have also provided proof of an existing business license in the City of Norco for an established massage business (Attachment D).
Project Description
The proposed massage services will occupy two rooms within the existing day spa business, approximately 175 square feet, at the above-referenced address. As of this date, the business owners plan on conducting the massage services with an existing license from the California Massage Therapy Council (CAMTC) with the approval of the CUP. The business will operate primarily as a day spa offering beauty services such as reflexology, cupping, scalp massages, facials, waxing, and eyelash services. The rooms to be converted for massage use are located in the existing rooms nearest to the front entrance, as shown on the floor plan (Attachment D).
Basis for Recommendation
The approval of a CUP for an ancillary 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 does not satisfy all necessary findings as described in detail in the draft approval resolution (Attachment A).
CEQA REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA)
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 the Nhi Atienza at natienza@ci.claremont.ca.us.
On Tuesday, October 3, 2024, the property was posted and written notices were mailed to property owners within 300 feet of the boundaries of the site and all businesses within the Claremont Courtyard office complex. Copies of this staff report have been sent to the applicant and other interested parties.
Submitted by: Prepared by:
Brad Johnson Daniel Kim
Community Development Director Assistant Planner
Attachments:
A - Resolution Denying CUP #24-C03
B - Statement of Staff Intent to Recommend Denial of CUP Application
C - Applicant Letter of Intent
D - Business License in Norco
E - Site Plan & Floor Plan