Revocation of Admin PD - Massage - 2014DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR
BEING A DECISION OF THE ADMINISTRATIVE HEARING
OFFICER (COMMUNITY DEVELOPMENT DIRECTOR) OF THE
CITY OF CAMPBELL REVOKING AN ADMINISTRATIVE
PLANNED DEVELOPMENT PERMIT (PLN2011-152) TO ALLOW
A MASSAGE ESTABLISHMENT USE WITHIN A COMMERCIAL
TENANT SPACE ON PROPERTY LOCATED AT 825 WEST
HAMILTON AVENUE.
After notification and public hearing, as specified by law, and after presentation by
Community Development Department and Police Department staff, proponents and
opponents, the hearing was closed.
After due consideration of all evidence presented, the Administrative Hearing Officer
(Community Development Director) did find as follows with regard to the revocation of
Administrative Planned Development Permit PLN2011-152:
1. The project site is zoned P-D (Planned Development).
2. The General Plan designation of the property is General Commercial.
3. The 0.82-acre project site is located at the northwest corner of West Hamilton
Avenue and Darryl Drive within amultiple-tenant commercial development.
4. The project site has 116 shared parking spaces at a ratio of 1:136 square feet.
5. The subject tenant space is 1,208 square feet in area.
6. The subject tenant space is in a concealed location behind a pad building which
screens it from view of the surrounding streets.
7. A tenant space directly adjacent to the subject tenant space is occupied by a
children's dance studio use.
8. An Administrative Planned Development Permit was approved on July 26, 2011, to
allow a Massage Establishment use in the subject tenant space.
9. A business license was issued to Nicholas Pino Rodriguez on November 23, 2011,
for a Massage Establishment (The Bronze Spa) in the subject tenant space.
10. A Massage Establishment Permit was issued to Nicholas Rodriguez on December
7, 2011, for The Bronze Spa located in the subject tenant space.
11. A Massage Establishment Permit was issued to Thuy Dang on March 2, 2013, after
a change of ownership for The Bronze Spa located in the subject tenant space.
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PLN2011-152 -Revocation of an Administrative Planned Development Permit - 825 W. Hamilton Avenue
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12. A business license was issued to Thuy Thi Ngoc Dang on March 5, 2013, for a
change of ownership at an existing Massage Establishment (The Bronze Spa)
located in the subject tenant space.
13. On September 26, 2013, the Campbell Police Department conducted an
investigation at the subject site and identified violations of Campbell Municipal Code
Sections 5.48.220(1), 5.48.220(1), and 5.48.200(b) including the following: (1)
soliciting prostitution by an employee; (2) having locked doors to massage rooms;
(3) having inadequate lighting in the massage rooms; and (4) exposing the genital
parts of a client without using a drape to protect his privacy while turning over.
14. On October 15, 2013, the Campbell Police Department conducted an investigation
at the subject site and identified violations of Campbell Municipal Code Sections
5.48.220(1;1 and 5.48.210(f) including the following: (1) having locked doors to
massage rooms; and (2) having no written records.
15. On December 17, 2013, the Campbell Police Department received an application
for a Massage Establishment Permit by Vincent Pham for Campbell Health Spa to
be located in the subject tenant space.
16. On January 7, 2014, the Campbell Police Department conducted an investigation at
the subject site and found a new business sign had been installed identifying the
business as Campbell Healht (sic) Spa, although no business license or Massage
Establishment Permit had been granted in that name. At that time the Police
Department identified violations of the Campbell Municipal Code including the
following: (1) soliciting prostitution by an employee; and (2) having no written
records.
17. On February 4, 2014, the Campbell Police Department revoked the Massage
Establishment Permit for Thuy Dang (The Bronze Spa).
18. On February 12, 2014, the Campbell Police Department denied an application for a
Massage Establishment Permit for Vincent Pham (Campbell Health Spa).
19. This project is Categorically Exempt under Section 15321 of the California
Environmental Quality Act (CEQA), pertaining to actions by a regulatory agency to
enforce or revoke a permit, license, or other entitlement.
Based upon the foregoing findings of fact, the Community Development Director further
finds and concludes that:
20. Circumstances under which the permit was granted have been changed by the
applicant to a degree that one or more of the findings contained in the original
permit can no longer be made in a positive manner, and the public convenience,
health, interest, safety, or welfare require the revocation.
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PLN2011-152 -Revocation of an Administrative Planned Development Permit - 825 W. Hamilton Avenue
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The approved Administrative Planned Development Permit allows a legitimate
Massage Establishment providing therapeutic massages by Certified Massage
Therapists. The current use differs from the approved use in that employees
engaged in soliciting prostitution and other violations of the Campbell Municipal
Code, rather than in providing legitimate therapeutic massages. Based on this
change in the type of use, some of the findings for the original permit cannot be
made. The following previously-made findings can no longer be made for the use as
it currently exists on the site:
^ The proposed development or uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning
district classification;
^ The proposed development would be compatible with the general plan and will
aid in the harmonious development of the immediate area;
^ The proposed development would not be detrimental to the health, safety or
welfare of the neighborhood or of the city as a whole.
Based on the repeated nature of the violations under multiple owners, the
concealed location of the tenant space, and the proximity of a use serving children,
it is determined that this location is inappropriate for a Massage Establishment.
Revocation of the Administrative Planned Development Permit is necessary to
prevent recurrence of the violations and protect the public convenience, health,
interest, safety, and welfare.
21. The permit was issued, in whole or in part, on the basis of a misrepresentation or
omission of a material statement in the application, or in the applicant's testimony
presented during the public hearing, for the permit.
The approved Administrative Planned Development Permit allows a legitimate
Massage Establishment providing therapeutic massages by Certified Massage
Therapists. The current use differs from the approved use in that employees
engaged in soliciting prostitution and other violations of the Campbell Municipal
Code, rather than in providing legitimate therapeutic massages. A permit could not
have been issued for the current use which is in violation of the Campbell Municipal
Code. The Administrative Planned Development Permit was issued in part because
of the misrepresentation of the applicant regarding the legitimate nature of the
proposed business, and the omission by the applicant of details regarding the actual
nature of the proposed business.
22. The improvement authorized in compliance with the permit is in violation of a code,
law, ordinance, regulation, or statute of the city, State, or Federal governments.
The current use has been found by the Campbell Police Department to be in
violation of Campbell Municipal Code Sections 5.48.200(b), 5.48.210(f), 5.48.220(1),
and 5.48.220(1), including the following: (1) soliciting prostitution by an employee;
(2) having locked doors to massage rooms; (3) having inadequate lighting in the
Decision of the Community Development Director
PLN2011-152 -Revocation of an Administrative Planned Development Permit - 825 W. Hamilton Avenue
Page 5
massage rooms; (4) exposing the genital parts of a client without using a drape to
protect his privacy while turning over; and (5) having no written records.
23. The improvement or use allowed by the permit has become detrimental to the public
health, safety, or welfare or the manner of operation constitutes or is creating a
nuisance, as determined by the decision-making body.
The current use is detrimental to the public health, safety, and welfare in that the
use is in violation of provisions of the Campbell Municipal Code. The nature of the
use, including soliciting prostitution, poses a threat to the public health, safety, and
welfare. The proximity of the subject tenant space to a use serving children raises
increased concerns about public health, safety, and welfare impacts of the current
use.
THEREFORE, the Community Development Director hereby revokes the Administrative
Planned Development Permit (PLN2011-152) which had been approved on July 26, 2011,
to allow a Massage Establishment Use within a commercial tenant space on property
located at 825 West Hamilton Avenue.
ADOPTED this 5th day of March, 2014, by decision of the Community Development
Director.
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APPROVED: ~_
Paul Ke oyan, Community Development Director
ATTEST:
Corinne Shinn, Executive Assistant