Revocation of Spa CUP - Bronze Spa - 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 prive 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.
Decision of the Community D~, ~ipment Director
PLN2011-152 -Revocation of an Administrative Planned Development Permit- 825 W. Hamilton Avenue °
Page 3 .
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) 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
. fora 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 aril 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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Decision of the Community D!, ,~pment Director ~ '~
PLN2011-152 -Revocation of an. Administrative Planned Development Pe~riii'- 825 W. Hamilton Avenue
Page 4
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 ttie 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 fhe 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 fihe 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), 5.48.21.0(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
.r
Decision of the Community D ;~~~pment Director ~` ~ is i
PLN2011-152 -Revocation v. aS°. Administrative Planned Development PE~...r~,- 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 pei-mit 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 5t" day of March, 2014, by decision of the Community Development
Director.
APPROVED: ~~
Paul I<e ~ oyan, Community Development Director
ATTEST:
.Corinne Shinn, Executive Assistant
CITY OF CAMPBELL
Community Development Department
ADMINISTRATIVE REVOCATION HEARING
Wednesday, March 5, 2014
2 p.m.
City Hall Council Chambers
70 N. First Street
Campbell, CA
AGENDA
1. Revocation Hearing to consider the City-initiated revocation of an Administrative
Planned Development Permit (PLN2011-152) approved on July 26, 2011, that
allowed a massage establishment (The Bronze Spa) on property located at 825 W.
Hamilton Avenue. This revocation would withdraw-the existing approval and
remove massage uses as an allowed use at this location. Staff is recommending
that this project be deemed Categorically Exempt under Section 15321, Class 21,
of the California Environmental Quality Act (CEQA). Staff Presenter: Mariya
Hodge, Planner
2. Adjourn
Interested persons may appear and be heard at this hearing. Please be advised that if
you challenge the nature of the above project in court, you may be limited to raising only
those issues you or someone else raised at the Revocation Hearing described in this
Notice, or in written correspondence delivered to the City of Campbell Community
Development Department at, or prior to, the Revocation Hearing. Questions may be
addressed . to Mariya Hodge, Planner, at (408) 866-2140 or via email at
mariyah(cr~.cityofcampbell.corn.
In compliance with the Americans with Disabilities Act, listening assistive devices are
available for all meetings held in the Council Chambers. If you require accommodation,
please contact the Community Development Department at (408) 866-2140, at least
one week in advance of the meeting.
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of ' cA,y~e ,
~~ F ,
0 o CITY OF CAMPBELL • ADMINISTRATIVE REVOCATION HEARING
f ~~ Staff Report • March 5, 2014
•~RCHAR~• ~ ..
PLN2011-152 Public Hearing to consider revocation of ari Administrative. Planned
Rodriguez, N. ' Development Permit (PLN2011~-152) issued to Nicholas Rodriguez on July 26,
2011, to allow a Massage Establishment use within a commercial tenant space
on property owned by Nicholas A. and Diane M. Speno Trustee & Et Al
located at 825 West Hamilton Avenue in the P-D (Planned Development)
Zoning District.
STAFF RECOMMENDATION
That the Community Development Director take the following action:
1. Revoke the previously approved Administrative Planned Development Permit for a Massage
Establishment use within a commercial tenant space, incorporating the attached findings for
revocation.
ENVIRONMENTAL DETERMINATION
Staff recommends that ,the Community Development Director find this project is Categorically
Exempt under Section 15321, Class 21, of the California Environmental Quality Act (CEQA).
This subsection of, the CEQA Guidelines exempts from environmental review. actions by a
regulatory agency to enforce or revoke a permit, license, or other entitlement...
PROJECT DATA .
Lot Size: 35,771 square feet
Total Building Area: 15,776 square feet (3 buildings) ,
Tenant Space Area: 1,208 square feet
Zoning District: P-D (Planned Development)
General Plan Land User General Commercial
Hours of Operation: , 10:00 a.m. - 10:00 p.m. daily
Surrounding Uses:
North: " ~ Multiple-Family Residential
- South: Retail Shopping Center (across W. Hamilton. Ave.)
East: Restaurant /Future Retail & Residential Mixed-Use
Project (across Darryl Dr.)
West: Restaurant /Multiple-Family Residential