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AgdaPkt 2009-07-13 clsd and jnt
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AgdaPkt 2009-07-13 clsd and jnt
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7/9/2009 3:45:46 PM
Creation date
7/9/2009 3:08:48 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
7/13/2009
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<br />8D <br />Page 12 <br /> <br />PLG-Blake Lyon <br /> <br />From: <br />Sent: <br />To: <br /> <br />PLG-Blake Lyon <br />Wednesday, May 06, 2009 8:34 PM <br />P&R-Nancy Radcliffe; Jeff Gee; Mborgens@comcast.net; Tom Cronin; Rachel Holt; <br />theseyb@yahoo.com; David Smith <br />MGR-Peter Ingram; PLG-JiII Ekas <br />515 Woodside Road - Massage Use <br /> <br />Cc: <br />Subject: <br /> <br />Dear Planning Commission, <br /> <br />It is my understanding that many of you have received an email communication from Thea <br />Henry-Hamilton regarding the recently approved massage use at 515 woodside Road-. As the <br />Zoning Administrator for this project I wanted to offer some additional perspective on <br />this topic. <br /> <br />The city has a very specific three step process for considering massage establishments 1) <br />the applicant must submit for a Zoning Verification letter (this step provides City <br />planning staff with an early look at the proposed use), 2) the applicant must go through <br />an extensive background check with the Police Department (to verify the legitimacy of the <br />business owner, massage technicians, and the financial interest), 3) the applicant must go <br />through a public- hearing for additional land use considerations (such as hours of <br />operation, parking, etc.) <br /> <br />The applicant for this use has complied with all 3 steps. Of further note, after <br />conducting a thorough background check the Police Department did not find any evidence <br />that this applicant is anything other than completely legitimate. This background check <br />included research regarding the applicants existing business in another community (with no <br />cause for concern or complaints at that location) . <br /> <br />As I am sure you can appreciate, the City cannot presume someone or some business to be <br />guilty of an infraction or violation if there is no evidence to support such a claim. To <br />do so would put the City in a very exposed position. <br /> <br />Furthermore, massage uses fall into the general classification of personal services, <br />similar to hair salons, manicure/pedicure establishments, beauty spas, etc., which are <br />appropriate uses within General Commercial (the Zoning designation for this property) . <br />Massage uses are not considered sexual oriented businesses as the email would imply. The <br />Zoning Ordinance specifically addresses such uses and places further controls of these <br />uses with distancing and concentration requirements. <br /> <br />In considering the specific site conditions of this use, additional consideration and <br />conditions were incorporate to address on-site parking, lay-out of the floor plan, <br />exterior improvement (which includes requiring an open storefront), etc. <br /> <br />In summary, this applicant presented a viable business plan in a commercially zoned area, <br />which was further controlled through conditions of approva.l. No evidence (just conjecture <br />and stereotyping) was provided to support claims to the contrary. <br /> <br />On a separate, but related note, the adult businesses referenced in the aforementioned <br />email and via comments received at the public hearing, cannot be considered as a <br />precedence for the consideration of this use. The two uses on the southern end of EI <br />Camino Real (south of Woodside Road) are not located within Redwood City'S jurisdiction. <br />Both properties are with San Mateo Counties jurisdiction; therefore, Redwood City has not <br />land use controls of these uses. The adult book store on the 700 block of EI Camino Real <br />(between Broadway and Brewster) was the subject of an extensive discussion and litigation <br />between the City Council and business operator. In short, the business pre-dates the <br />City's sexually oriented business ordinance and thus has the right to operate at the <br />existing location. <br /> <br />If you would like to discuss any of these issues please feel free to contact me at <br />780-5934 and I would be happy to give you more detailed information. <br /> <br />1 <br />
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