CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

June 14, 2017

To: Chair Goodhue and Planning Commissioners

From: Marc Wiener, AICP, Community Planning and Building Director

Subject: Administrative Determination (AD 17-193) review by the Planning

Commission to determine whether a proposed business offering aqua-
massage and an oxygen bar is compliant with the Citys zoning standards.
The project site is located in the Central Commercial (CC) Zoning District.

Application: AD 16-216 APN: 010-134-005

Location: Ocean Avenue, 3 NE of Dolores Street
Block: 71 Lots: of 1 and all of 5
Applicant: Alexandra Stabile (Vitality) Property Owner: Carmel Properties, LLC

Executive Summary:
The applicant is proposing to open a new business that is not defined in the Citys Zoning Code.
Staff is seeking Planning Commission input on this matter.

Recommendation:
Determine that the proposed business is not permitted by the Citys Zoning Code.

Background:
A business named Vitality has enquired about opening a shop in Carmel-by-the-Sea, on Ocean
Avenue. Vitality specializes in aqua-massage and oxygen bar services, as well as retail sales of
massage equipment. Aqua-massage consists of beds that provide a dry, hands-off massage
through the use of pressurized water. The oxygen bar includes aroma therapy through infused
oxygen (See Attachment A). Vitality has been in business since 2002, and is open in 12
locations across the United States, including Monterey (Cannery Row), San Francisco (Pier 39),
Los Angeles, and various locations in Las Vegas.

The proposed business includes both service and retail components and the use is not clearly
defined in the Citys Zoning Code. Staff is seeking input from the Planning Commission as to
whether the proposed type of use is permitted. If the Planning Commission determines that

204
AD 17-193 (Vitality)
June 14, 2017
Staff Report
Page 2

the proposed use is not permitted, then staff would deny any forthcoming business license
application for the proposed business.

Staff Analysis:

Use Classification: CMC 17.14 (Commercial Zoning Districts) identifies what uses are permitted
in the commercial districts. CMC 17.68 (Use Classification) includes a broad list and definitions
of commercial uses. The proposed business could potentially be categorized by the Zoning
Code as a type of Personal Service, which CMC 17.68.030 defines as:

Establishments providing recurrently needed services of a personal nature. This

classification includes barber and beauty shops; seamstresses, tailors, shoe repair
shops, spas, health clubs, massage parlors, steam baths, tattoo parlors, Turkish
baths, wedding chapels, funeral services, and additional uses classified under
Subsection 812: Personal and Laundry Services of the NAICS.

While the Personal Service definition provides a general description of typical services, it does
not specifically identify a business such as Vitality, which offers automated aqua-massage beds
and an oxygen bar. Furthermore, the Citys Zoning Code (CMC 17.14.040.R) prohibits massage
parlors. The City has previously permitted business that allow massage, only if the service
being performed is by a State-licensed massage therapist.

Of important note is that the Citys Zoning Ordinance was drafted in a permissive fashion.
Permissive zoning ordinances list all the uses that are permitted within a given district and it is
presumed that everything that is not specifically listed is prohibited. In staffs opinion, the
proposed use is not permitted in the City based on the rules of permissive zoning. Staff is
seeking the Planning Commissions input on this matter.

Business Compatibility: The Planning Commissions decision on this request should solely be
based on whether the business is allowed by the Citys Zoning Code. Nevertheless, staff feels it
necessary to raise the issue that the proposed business may not be compatible with other
businesses in the commercial district, in particular those on Ocean Avenue. The majority of
businesses on Ocean Avenue consist of high-quality retail businesses and restaurants. The Citys
General Plan provides the following guidance on commercial land uses and compatibility:

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AD 17-193 (Vitality)
June 14, 2017
Staff Report
Page 3

O1-3 - Preserve the economic integrity of the community and maintain an economic philosophy
toward commercial activity ensuring compatibility with the goals and objectives of the General
Plan.

O1-4 - Maintain a mix of commercial uses that are compatible with the character of Carmel as a
residential village.

O1-5 - Protect and enhance the balanced mix of uses in the central business area, particularly
along Ocean Avenue to ensure a high quality, pedestrian oriented commercial environment
providing a wide variety of goods and services to local residents.

In staffs opinion, the proposed business may not comply with these General Plan Objectives.

Environmental Review
This application qualifies for a Class 3 Categorical Exemption from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA
Guidelines. Class 3 exemptions include projects involving limited new construction projects and
conversion of small structures.

ATTACHMENTS:
Attachment A Business Description/Information

206
Attachment A

MAHONEY & ASSOCIATES

- -- ----m- - ---- - -----.----- ---"-- - -

COt'; ;\fd'RC IAL. RE AL FS TAT E

May 17,2017

Mr. Marc Wiener, AICP

Community Planning & Building Director
Carmel-by-the-Sea, CA 93921

Re: Zoning Compliance Determination, Block 71 Retail Space (former Atelier Jewelry
space), Vitality (Lessee)

Dear Marc;

Thank you for your assistance with Vitality's interest in leasing a retail space on
Ocean Avenue in beautiful downtown Carmel. Please find enclosed the Application,
the check for the fee and a print out of their Presentation of the Business.

We understand this will be before the Planning Commission June 14th and look
forward to discussing the outcome. In the meantime, should you need any more
information, have questions or comments, please contact me.

Many thanks.

)r;:_
Alison Goss
Commercial Real Estate Salesperson
CA BRE# 01815323 .r- P ~\.TEIJ
RuD'\._.,EJJi. 9' . '

MAY 1 9 2017
City of C;.;.rrnd-ty-tb.c-Sea
Pianniw! .~'. H 1 :iUing Dept.

501 Abrego, Montere}, CA 93940 Phone: 831.646.1 9 19 Fax: 831.646.111 5

www.mahoneycommercial.com 207

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Who WeAre
Vitality has been in business since 2002, with
over 100 skilled professionals making up our
team that serves over 50,000 satisfied customers
per month.

We are the largest aquamassage retailer in the US.

We are committed to providing a unique leisure experience and a
standard of excellence to our customers that is unparalleled in our
field. Our goal is to create a positive, healthy option for stress relief
for today' s busy consumer by combining modern technology and
traditional therapeutic techniques.
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What We Do
Vitality specializes in aquamassage
and oxygen bars services, as well as
retail sales of massage equipment
ranging from novelties to medical

grade TENS units.

Our business connections put us in touch with experts in just

about every market, and we are always seeking to expand.
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Service Concepts
OXYGEN BARS
an- Dqu ' Sit back, relax, and breathe! Release stress and increase your
alertness with aroma therapy infused oxygen.
Boost energy
Improve endurance
Enhance performance
Increase speed
Reduce stress
AQUAMASSAGE BEDS Quicker recovery from fatigue
A comfortable, convenient and affordable form of
massage that creates the illusion of an expensive spa
treatment in any location. Aquamassage beds provide a
dry, hands-off massage that can help increase blood
circulation and oxygen absorption, an increase in range
of motion, a decrease in inflammation and muscle
tension, and an increase in endorphins.

MASSAGE CHAIR (INADA)

Timed sessions and sales.
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Product Portfolio
Our list of products includes a wide variety of massage and wellness related products:
Echo Massager- TENS unit
Echo Massager accessories (belt, shoes, kit)
felicity Head Massager
Echo Palm Massager
Willow Wonder Spray
Aromatherapy Herbal Pillows
Happy Hands
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Mini Massager
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Imagine 10 long fingernails gently melting your

stress. Now, add batteries for most
TENS unit technology used by medical practitioners, physical therapists,
exhilarating, thrilling, intoxicating, electrifying,
chiropractors, pain management clinics and personal trainers for over 35 years
rejuvenating, unforgettable head massage ever!
Built-in lithium battery
This hand-held treasure gently stimulates
Bioelectrotherapy for muscular and nerve treatment, aches and pains,
millions of nerve endings on the scalp as well
stimulates muscles tissue, increases blood flow, restores damaged neural
as acupuncture points that create goose bumps
pathways
from head to toe.
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Locations
Vitality is currently operating 12 retail locations in Nevada and Southern and Northern California.

- Las Vegas Locations: - Los Angeles Locations:

Excalibur Hotel Lobby Zen Zone on City Walk at Universal Studios

Excalibur Hotel Mezzanine

- San Francisco Locations:
Excalibur Hotel Castlewalk

Luxor Hotel Pier 39

Bally's Hotel Jefferson Street at Fisherman's Wharf

Circus Circus Hotel

-Monterey Locations:
Zen Zone at Planet Hollywood

Grand Bazaar Shops Vitality Store on Cannery Row

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Our latest store opening in February '15

Cannery Row - Monterey, CA
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Where WeAre
Headed
At Vitality, we are constantly expanding our
reach across the US, always looking for new
practices and business partners to bring our
vision to life. We are currently seeking new
opportunities in Southern and Northern
California. It is our aim to stay the leader in
our field and pave the way in the industry with
high standards and exceptional performance.

Pier 39 - San Francisco , CA

215

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Contact Us
Thank you for your interest in Vitality.

For more information, please visit us at:

www vita1ityint com WW\v.getzenzone com www.echomassager.com

CEO: Avi Amber

Cell: 702-610-0113
Email: vitality1 @cox net

Office phone: 702-240-8531

Office fax: 702-873-7876
Office mailing address: 4650 S. Arville St. Suite F Las Vegas, NV 89103
216

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