Use Permit-Tanning Salon-1985
CITY OF CAMPBELL, CALIFORNIA
NOTICE OF EXEMPTION
CITY OF CAMPBELL
PLANNING DEPARTMENT
7Q~. First St.
CAMPBELL, CA 95008
PROJECT TITLE:
UP 85-09
PROJECT LOCATION: Specific
1875 S. Bascom Ave.
#790 The Pruneyard
PROJECT LOCATION: City
Campbell
County
Santa Clara -
DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT:
Use permit to allow the establishment of a tanning salon
NAME OF PUBLIC AGENCY APPROVING PROJECT: City of Campbell
Planning Commission
NAME OF PERSON/AGENCY CARRYING OUT PROJECT: G.W. Gault
EXEMPT STATUS (Check One):
Ministerial (Sec. 15073)
- Declared Emergency (Sec. 1507l(a)&(c»
- Emergency Project (Sec. 15071 (b)&(C»
~ Categorical Exemption - State Type &
Section Number C1aii 11 153?1
REASONS WHY PROJECT IS EXEMPT:
Enforcement action by regulatory agency
Marty Woodworth
TEL. NO.: (408) 866-2140
CONTACT PERSON:
IF FILED BY APPLICANT:
1.
2.
Attach certified document of
finding.
Has a notice
filed by the
the project?
exemp tion .
of exemption finding been
public agency approving
Yes No.
EIVED FOR FILING: .' ",' .'"'.;; /(l/J?-,Ç(~ ~ < .
> t:? / / .- C>..- ,... ",g. /.1 \ ~~
PI'"!"\, t;i1 ~.:7..O-=iJ-/-- """'--
1..- ~ :";~¡,',Jo;:"u'-! tL~ C(JU¡¡W Clerk ~SIGNATURE: . ..
",. ,v v;",,-'::zwa TITLE: ~.... ~~.
i Y.. ,.. ,.~ ~":?':;:"
,." ,,~tJ,
. '..-'.' ..",,~
. .. ",) ~:::.'i;;¿;:ij¡
..~
í
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866.2100
Department:
Planning
September 12,1985
r1r. G. W. Gault
555 N. First St., #105
San Jose, CA 95112
RE:
UP 85-09
1875 S. Bascom Ave.
Dear Mr. Gault:
Please be advised that at its meeting of September 10,1985,
the Planning Commission adopted Resolution No. 2350 approving
your request for a conditional use permit to allow the establish-
ment of a tanning studio on the subject property. This approval
is effective September 20,1985 and is subject to the following
conditions:
1. Applicant to obtain all necessary building permits.
2. Applicant to obtain City approval of any signs.
A copy of the adopted resolution is enclosed for your records.
If you have any questions regarding this approval, please do
not hesitate to contact the Planning Office.
Si ncere ly,
ARTHUR A. KEE
PLANNING DIRECTOR
~~? A&J~I '
TIM J. HALEY tI
PLANNER I I
T JH: 1j
Enc.
cc:
Kurt Anderson, 300 Orchard City Dr., #232, Campbell, CA, 95008
PLANNING COMMISSION
SEPTEMBER la, 1985
UP 85-09
Gault, G.
Public hearing to consider the applica-
tion of Mr. G. W. Gault for approval of
a Use Permit to allow the establishme~
of a tanning salon on property known as
1875 S. Bascom Ave., #790 The Pruneyard,
in a C-2-S (General Commercial) Zoning
District.
Mr. Kee briefly reviewed this application, noting that adjacent property
owners as well as the Police Department have been notified of this
application. The Police Department has responded with "no comments".
Since this is a commercial use proposed for an existing commercial center,
Staff is recommending that the Commission adopt a resolution approving
this application, subject to the conditions and the mandatory findings as
indicated in the Staff Comment Sheet.
Commissioner Dickson noted that he was uncomfortable with the issues of
health and safety for this application. Is an approval of this use permit
saying that the use is safe and healthy? He asked how other cities
handled a request of this type.
Mr. Kee responded that the issue of tanning studios being an allowable use
in shopping centers was previously discussed by the Commission. The
result was the requirement of a use permit which would allow the
Commission the opportunity of placing conditions on the use.
Chairman Fairbanks opened the public hearing and invited anyone in the
audience to speak for or against this item.
ITEM NO.
6
STAFF COMMENT SHEET - PlANNING COMMISSION MEETING SEPTEMBER 10, 1985
UP 85-09
Gault, G.W.
Public hearing to consider the application
of Mr. G. W. Gault for approval of a Use
Permit to allow the establishment of a
tanning salon on property known as 1875
S. Bascom Ave., #790 The Pruneyard, in a
C-2-S (General Commercial) Zoning District.
(APN: 288-4- 7)
STAFF RECOMMENDATION
1.
Approval, subject to the attached conditions, and adoption of the
attached mandãtory findings.
STAFF DISCUSSION
The applicant is proposing to establish a tanning salon in a portion of
the pruneyard Shopping Center. Plans submitted with the application in-
dicate that there will be a total of 9 tanning rooms in addition to a
reception/waiting area.
As the Commission may recall, the City Council approved a text amendment
to the Zoning Ordinance, in 1980, which established tanning studios as
an allowable use in the C-2-S (General Commercial) zoning subject to ap-
proval of a Use Permit.
Staff has notified adjacent property owners and the Police Department of
this pending application and public hearing. The Police Department has
responded with "no conunents" regarding the application.
Since this is a commercial use proposed for an existing commercial center,
Staff is recommending that the Commission adopt a resolution approving
this application, subject to the following conditions.
CONDITIONS OF APPROVAL
1.
Applicant to obtain all necessary permits from the Building
Department.
2.
Applicant to obtain City approval of any signs.
* * * *
Mr. Kurt Anderson, resentin~ the applicant, respor- d to questions from
the Commission, ind__dting that the only permit requ~ j for this type of
use is the standard City permit. Additionally, all the machines used are
UL approved. Mr. Anderson continued that a client will typically spend
15-30 minutes each visit, at a cost of approximately $10 per visit.
Booths are sterilized after each use.
Mr. Dempster stated that the Commission is not making a determination that
the tanning procedures are healthy. It is not possible for the Commission
to have the resources or the ability to check the instrumentations for
safety. The Commission is deciding if the location of the tanning studio
is detrimental to the community and other planning issues such as traffic,
parking, etc.
Commissioner Dickson asked how this type of use is looked at to see that
it is being operated without degradation of morals.
Mr. Dempster responded that this would be a Police Department matter.
MIs:
Olszewski, Kasolas -
That the public hearing on UP 85-09 be
closed. Motion carried unanimously
(7-0-0) .
MIs:
Toshach, Perrine -
That the Planning Commission adopt a
Resolution approving UP 85-09 subject to
conditions of approval and findings as
indicated in the Staff Comment Sheet
(attached hereto). Motion carried with
the following roll call vote:
Discussion
Commissioner Dickson stated that he would be voting against this item in
that it has not been demonstrated to his satisfaction that the use will
not be detrimental.
Chairman Fairbanks stated that she would also be voting against this
application in that she is inclined to believe that tanning is not healthy
per reports from the FDA.
Vote
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Kasolas, Perrine, Christ, Olszewski
Dickson, Fairbanks
None.
* * *
FILE NO.: UP 85-09
ADDRESS: 1875 S. Bascom
APPLICANT: Gault, G. W.
P.C. MTG.: 9-10-85
A~.
(#790 The pruneyard)
MANDATORY FINDING
That the establishment, maintenance, or operation of the use applied for
will not be detrimental to the health, safety, peace, morals, comfort or
general welfare of persons residing or working in the neighborhood of such
proposed use, or be detrimental or injurious to property and improvements
in the neighborhood or to the general welfare of the City.
RESOLUTION NO. 2350
PLANNING CO~mISSION
CITY OF CM'~BELL, CALIFORNIA
After notification and public hearing as specified by law on the
application of Mr. G. W. Gault for approval of a Use Permit to allow the
establishment of a tanning salon on property known as 1875 S. Bascom
Avenue (#790 The Pruneyard) in a C-2-S (General Commercial) Zoning
District, as per application filed in the Planning Department on August 8,
1985, and after presentation by the Planning Director, proponents, and
opponents, the hearing was closed. (Up 85-09).
After due consideration of all evidence presented, the Commission did find
as follows:
1.
That the establishment, maintenance, and operation of the
proposed use will not be detrimental to the health, safety,
peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such use, or be detrimental or
injurious to the property and improvements in the neighborhood or
the general welfare of the City.
Based on the above finding, the Planning Commission does hereby grant the
requested use permit, subject to the following conditions:
A.
Applicant to obtain all necessary permits from the Building
Department.
B.
Applicant to obtain City approval of any signs.
The applicant is notified as part of this application that he is required
to comply with all applicable codes and/or ordinances of the City of
Campbell and the State of California which pertain to this development and
are not herein specified.
PASSED AND ADOPTED this 10th day of September 1985 by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Kasolas, Perrine, Christ, Olszewski, Toshach
Dickson, Fairbanks
None
APPROVED:
JoAnn Fairbanks
Chairman
ATTEST:
Arthur A. Kee
Secretary
~
STAFF PROCESS LIST
AND CASE SHEET
FILE NO. UP 85-09
AGENDA DATE: Sept. 10. 1985
DATE FILED: 8-8-85
FEE:$350 PAID: 8-9-85
SITE ADDRESS:
1875 S. Bascom/790 The Pruneyard
APN NO: 288-4-7
PROPOSED USE: Tanning salon
ZONING:
GENERAL PLAN:
C-2-S
Connnercial
* * *
APPLI CANT:
ADDRESS:
G. W. Gault
555 N. 1st St., #105
San Jose, CA 95HZ
PHONE NO:
287-5276
* * *
DATE PUBLISHED IN CAMPBELL PRESS:
DATE PROPERTY WAS POSTED (IF APPLICABLE):
DATE LETTER SENT TO APPLICANT:
* * *
DATE OF FIRST (PUBLIC) HEARING:
CONTINUED TO:
/
APPROVED DATE:
DENIED DATE:
RESOLUTION NO:
RESOLUTION NO:
DATE OF PUBLIC HEARING BY CITY COUNCIL:
FINAL ACTION: APPROVED
DENIED
Copies to:
- . ".
(
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
September 6, 1985
Mr. G. W. Gault
555 N. First St. #105
San Jose, CA 95112
RE:
UP 85-09
1875 S. Bascom (#790 The Pruneyard)
Please be advised that the Planning Commission of the City of Campbell has
set the time of 7:30 p.m., or shortly thereafter, on Tuesday, September
la, 1985 for consideration of the above-referenced application.
A copy of the agenda and the Staff Comment Sheet for this item is enclosed
for your information. It is advisable that you, or an authorized
representative, be present for said hearing.
If you have any questions, please do not hesitate to contact the Planning
Department at 866-2140.
Sincerely,
d d~^,L, ,..
ARTHUR A. KEE j"
PLANNING DIRECTOR
ld/lj
Enclosures
cc:
Fred Sahadi, 1901 S. Bascom Ave., Campbell, CA
95008
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBEll, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
September 5, 1985
G . W. Gaul t
555 N. 1st. St. #105
San Jose, CA 95112
RE: OOR FILE NO.
APPLICATION roR
UP 85-09
#790 The Pruneyard
Dear Mr. Gaul t :
Pursuant to Section 65943 of the Government Code of the State of
California, please be advised that the Planning Department has
made the detennination that the application referred to above is:
xx
Accepted as complete.
Not accepted - incomplete (see
attached sheet which indicates
those parts of the application
that are not complete and what
is required to make the appli-
cation complete).
An application will not be posted on the Planning Conunission
agenda until it has been accepted as complete.
If you have any questions regarding this letter, please feel free to
contact the Campbell Planning Department.
Very truly yours,
~'
. ."
(
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
August 30, 1985
NOTICE OF HEARING
Notice is hereby given that the Planning Commission of the City of
Campbell has set the hour of 7:30 p.m., or shortly thereafter, on Tuesday,
September 10, 1985, in the City Hall Council Chambers, 70 N. First Street,
Campbell, California as the time and place to consider the application of
Mr. G. W. Gault for approval of a use permit to allow the establishment of
a tanning salon on property known as 1875 S. Bascom Avenue (#790 The
Pruneyard) in a C-2-S (General Commercial) Zoning District. APN 288-4-7.
(Up 85-09).
Map and legal description of subject property are on file in the Office of
the Planning Department, 70 N. First Street, Campbell, California.
Interested persons are invited to appear and be heard at said hearing.
CITY OF CAHPBELL
PLANNING COMMISSION
~7
ARTHUR A. KEE
SECRETARY
-PLANNING COMMISSION
APPL I CATroN'
PLEASE NOTE: STAFF IS REQUIRED BY STATE lAW TO mTIFY APPLICANTS OF 1HE
COMPLEl'ENlliS OF '!HEIR APPLICATIONS. ONLY TIDSE APPLICATIONS MUm ARE
FOUND 1D BE CQ\1PLETE CAN BE POSTED ON A PLANNING CDMMISSION AGENDA.
DATE: b/7//?G
'~7S s. iJG::Jcz>- ~u.
PROPERTI LOCATION: ~~7ro¡
7lII? f!2IJN e( AfZO
FILE NO: VI fJ pS - f) 7
APN: 2 't 0- c...¡ - 7
ZONING:. C .Zt!?
APPLICATION:
-------------------------------------
Architectural., Approval
Planned Development Permit
General Plan Amendment
Other:
~ Use Perinit
Zone Change
Variance
-------------------------------------
APPLICANT:
Name: G.1d. GAULT
ß"s. Address: :5"~ A.J. Is-, S'l. Sq,TE ¡OS
City/State: 5~ ~~~) CA.
Telephone: ;287- 5276 oFF.
Zip:
C¡~tlJ...
-------------------------------------
Name:
Address:
City/State:
Telephone: ~(1
ZiP:~
-------------------------------------
REC. #
AMf.
lit... ANDARC.. ..
,." ASSOCIATES
~~ Architecture Planning
MR. ART KEE, DIRECTOR OF PLANNING
CAMPBELL PLANNING DEPARTMENT
70 N. 1st St.
Campbell, CA 95008
August 7, 1985
RE:
USE PERMIT FOR TAN CITY
Dear Art,
We are requesting a use permit for an establishment that will be called
"Tan City" located in space 1f790, The pruneyard.
"Tan City" will be a tanning salon, opening with five beds and will eventually
have 9 beds when the salon has reached optimal operating level. The hours of
operation will be 8 a.m.-lO p.m. M-F, 10 a.m.-6 p.m. Sat. and Sun. The employees
will be on duty at all times.
A tanning salon is an establishment
ning beds for use by its clientele.
minutes after the client has become
be a member or can use the salon on
is twice weekly visits.
that provides a series of rooms with tan-
Maximum time in the tanning bed is 30
sensitized to the bed. The clientele can
a one-time basis. Average use by a client
There are several establishments in the surrounding area and have been very
successful.
The proposed location is #790 and is located on the north side of the pruneyard
near the wig shop. Presently the space is vacant but is under an existing roof
system. This indicates the space was under the original parking allocation.
Art, if you have any questions please call.
Member of the
American Institute
of Architects
Respectfully submitted,
363 Fifth Avenue,
Suite 203
San Diego, CA 92101
(619) 234-0533
300 Orchard City Drive,
Suite 232
Campbell, CA 95008
(408) 374-7137
I~~ ANDARC.. -
,." ASSOCIATES
~~ Architecture Planning
TAN CITY IN PRUNEYARD
ENVIRONMENTAL SETTING
The proposed project is an interior improvement in the pruneyard and blends
in with the commercial nature of the project.
North and south of the space is circulation areas, east is vacant space and
west is the wig shop.
Member of the
American Institute
of Architects
300 Orchard City Drive,
Suite 232
Campbell, CA 95008
(408) 374-7137
363 Fifth Avenue,
Suite 203
San Diego, CA 92101
(619) 234-0533