Mod to UP - Le Spa - 2005
MEMORANDUM
To:
From:
Date:
Subject:
Parking Adjustment - 1 8 N. Central Avenue - Le Spa - Tiffany
Nguyen
At the regular meeting of April 5, 2005, the City Council held a public hearing to
consider the application of Ms. Tiffany Nguyen, on behalf of Le Spa, for approval of a
Parking Adjustment to allow no on-site parking spaces in conjunction with a
Modification (PLN 2005-07) to a previously approved Conditional Use Permit (PLN
2004-92) to allow the expansion of a health spa, including massage therapy, into an
existing commercial tenant space on property owned by Jeffrey and Gaylene Wyatt,
located at 18 N. Central Avenue in the C-3 (Central Business District) Zoning District.
After hearing public testimony, and following City Council discussion and deliberation,
the following action was taken:
Adopted Resolution No. 10481 granting a Parking Adjustment, in conjunction with an
approved Modification (pLN 2005-07) to a previously approved Conditional Use
Permit (PLN 2004-92) to allow the expansion of a health spa, including massage
therapy, into an adjacent commercial tenant space on property, owned by Jeffrey and
Gaylene Wyatt, located at 18 N. Central Avenue, incorporating findings, and subject to
the Conditions of Approval.
A certified copy of the above mentioned Resolution is attached for your files, together
with a copy of the letter written to Ms. Nguyen in follow-up to the City Council's
action.
April 8, 2005
CITY OF CAMPBELL
City Clerk's Office
Ms. Tiffany Nguyen
14 N. Central Avenue
Campbell, CA 95008
Dear Ms. Nguyen:
At the regular meeting of April 5, 2005, the Campbell City Council held a public hearing
to consider your application, on behalf of Le Spa, for approval of a Parking Adjustment to
allow no on-site parking spaces in conjunction with a Modification (PLN 2005-07) to a
previously approved Conditional Use Permit (PLN 2004-92) to allow the expansion of a
health spa, including massage therapy, into an existing commercial tenant space on
property owned by Jeffrey and Gaylene Wyatt, located at 18 N. Central Avenue in the C-3
(Central Business District) Zoning District.
Following discussion and deliberation, the Campbell City Council adopted Resolution No.
10481 granting a Parking Adjustment, in conjunction with an approved Modification (PLN
2005-07) to a previously approved Conditional Use Permit (PLN 2004-92) to allow the
expansion of a health spa, including massage therapy, into an adjacent commercial tenant
space on property, owned by Jeffrey and Gaylene Wyatt, located at 18 N. Central Avenue,
incorporating findings and subject to the Conditions of Approval. Please find a certified
copy of this Resolution attached for your records.
Please do not hesitate to contact this office (866-2117) or Stephanie Willsey, Planner I,
Community Development Department, should you have any questions in regard to the City
Council's action.
Sincerely,
Anne Bybee
City Clerk
cc. Jeffrey & Gaylene Wyatt
Stephanie Willsey, Planner I
Attachment:
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOO 408.866.2790
RESOLUTION NO.
10481
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A P ARK.ING ADJUSTMENT IN CONJUNCTION
WITH AN APPROVED MODIFICATION (PLN2005-07) TO A
PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2004-92)
TO ALLOW THE EXPANSION OF A HEALTH SPA, INCLUDING
MASSAGE THERAPY, INTO AN ADJACENT COMMERCIAL TENANT
SPACE ON PROPERTY OWNED BY JEFFREY AND GAYLENE WYATT
LOCATED AT 18 N. CENTRAL AVENUE IN THE C-3-S (CENTRAL
BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MS.
TIFFANY NGUYEN. FILE NO. PLN2005-07.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2005-07:
I. The proposed health spa expansion is consistent with the Central Commercial General Plan
land use designation for the project site.
2. The proposed project is consistent with the requirements of the C-3 Zoning District and will
be consistent with the Zoning Ordinance with approval of a Conditional Use Pennit and
Parking Adjustment.
3. A Conditional Use Pennit allowing the establishment of a health spa at 14 N. Central Avenue
was approved by the Planning Commission in September 2004. The proposed project would
expand this existing health spa use into the adjacent tenant space, formerly occupied by a
chiropractor's office.
4. The C-3 Zoning District's standards for parking stipulate that legally existing buildings shall
be required to meet the current parking standards of the C-3- Zoning District upon expansion
of the building or when there is a change in use that requires more parking than what is
currently provided, unless a parking adjustment is approved by the City Council.
5. The proposed expansion of the health spa, which is a service commercial use with a parking
requirement of one space per each 345 square feet of gross floor area, into an existing tenant
space that was previously occupied by an office use, with a parking requirement of one space
per each 425 square feet of floor area, represents a change in use that would require that the
applicant provide the required parking.
6. The subject property currently has no off-street parking spaces and there are no locations that
would allow for the development of a parking area on site.
City Council Resolution
PLN2005-07 -18 N. Central Avenue - Parking Adjustment
Page 2
7. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for commercial uses.
8. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act
(CEQA).
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The development and uses will be compatible with the General Plan of the City and will aid
in the hannonious development of the immediate area.
2. The existing on-street parking and public parking garages in the surrounding area will
adequately meet the parking demands generated by the change in use.
3. The change in use will not be detrimental to the overall parking and circulation in the area.
4. The proposed project 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.
5. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project
NOW, THEREFORE, BE IT RESOLVED that the City Council grants a parking adjustment in
conjunction with an approval of a Modification (PLN2005-07) to a previously approved
Conditional Use Pennit (PLN2004-92) to allow the expansion of a health spa, including massage
therapy, into an adjacent tenant space on property owned by Jeffrey and Gaylene Wyatt located
at 18 N. Central Avenue in the C-3-S (Central Business District) Zoning District, subject to the
following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
City Council Resol,ution
PLN2005-07 - 18 N. Central Avenue - Parking Adjustment
Page 3
PASSED AND ADOPTED this
vote:
5th day of
April
, 2005, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Burr, Hernandez, Furtado, Watson, Kennedy
None
ATTEST:
~
Anne Bybee, City Clerk
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Bruce Bowen, applicant, appeared before the City Council and spoke in support of the
project, but did express concern regarding the condition relating to the long-term
maintenance of the front landscaping along the public right-of-way and how the funding
will be allocated among all of the property owners.
There being no one else wishing to speak, Mayor Kennedy closed the public hearing.
In response to Mr. Bowen's concerns, the City Council concurred that, while all of the
property owners will benefit from the front landscaping, the owners of lots 1 and 11
will derive a greater benefit because the landscaping is located on their property; thus
the funding formula should recognize the higher benefit derived by the owners of lots 1
and 11.
Following discussion, M/S: HernandezlWatson - that the City Council adopt
Resolution 10477 approving a Mitigated Negative Declaration for the Hacienda
Project, incorporating findings;
Adopt Resolution 10478 approving Planned Development Permit (pLN2004-132) to
allow the construction of eleven small-lot single family homes, incorporating
Findings and subject to Conditions of Approval, with direction that the CC&Rs
contain language that the funding allocation formula for the front landscaping
along the public-right-of-way should recognize the higher benefit derived by the
property owners of lots 1 and 11;
Adopt Resolution 10479 approving a Tentative Subdivision Map (pLN2004-186) to
allow the creation of eleven lots and one common lot, incorporating Findings and
subject to Conditions of Approval; and
Adopt Resolution 10480 approving a Tree Removal Permit (pLN2005-10) to allow
the removal of one protected tree (Monterey Pine), incorporating Findings and
subject to Conditions of Approval. Motion adopted by the following roll call vote:
AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy
NOES: Councilmembers: None
12.
Application of Ms. Tiffany Nguyen on behalf of Le Spa, for approval of a Parking
Adjustment to allow zero on-site parking spaces (pLN2005-07) in conjunction with
a Modification of a previously approved Conditional Use Permit for an expansion
of an existing health spa on property located at 18 N. Central Avenue in the C-3-S
(Central Business District) Zoning District (Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider the Application of Ms.
Tiffany Nguyen on behalf of Le Spa, for approval of a Parking Adjustment to allow
zero on-site parking spaces (PLN2005-07) in conjunction with a Modification of a
previously approved Conditional Use Permit for an expansion of an existing health spa
on property located at 18 N. Central Avenue in the C-3-S (Central Business District)
Zoning District.
Minutes of 4/5/2005 City Council Meeting
5
Community Development Director Fierro - Staff Report dated April 5, 2005.
Mayor Kennedy declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to be heard, Mayor Kennedy closed the public hearing.
M/S: Watson/Burr - that the City Council adopt Resolution 10481 approving a
Parking Adjustment to allow no on-site parking spaces in conjunction with the
expansion of the health spa use, including massage therapy, into an existing
commercial tenant space and incorporating Findings. Motion adopted by the
following roll call vote:
AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy
NOES: Councilmembers: None
UNFINISHED BUSINESS
There were no agendized items.
NEW BUSINESS
There were no agendized items.
COUNCIL COMMITTEE REPORTS
13.
City Councilmember Reports
--Councilmember Furtado reported on rainfall and reservoir data located on the Santa
Clara Valley Water District's website.
--Mayor Kennedy reported on the Silicon Valley Animal Control Authority and the
West Valley Mayors and Managers Meeting.
BOARDS AND COMMISSIONS
There were no agendized items.
ADJOURN
Mayor Kennedy adjourned the meeting at 8:11 p.m. to Executive Session regarding Items A.1.
and B. 1.
Mayor Kennedy adjourned the Executive Session at 8:40 p.m.
Minutes of 4/5/2005 City Council Meeting
6
TITLE
Public Hearing to consider the application of Ms. Tiffany Nguyen, on behalf
of Le Spa, for approval a Parking Adjustment to allow no on-site parking
spaces in conjunction with a Modification (PLN2005-07) to a previously
approved Conditional Use Permit (PLN2004-92) to allow the expansion of a
health spa, including massage therapy, into an existing commercial tenant
space on property owned by Jeffrey and Gaylene Wyatt located at 18. N.
Central Avenue in the C-3 (Central Business District) Zoning District.
CITY COUNCIL ACTION
The Planning Commission recommends that the City Council take the following action:
-
1. Adopt a Resolution, incorporating the attached findings, approving a Parking Adjustment to
allow no on-site parking spaces in conjunction with the expansion of the health spa use,
including massage therapy, into an existing commercial tenant space.
ENVIRONMENTAL DETERMINATION
Staff recommends that the City Council find that this project is Categorically Exempt under
Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to the
conversion of a small existing structure from one use to another where only minor modifications
to the exterior of the structure are made.
BACKGROUND
Background: On March 8, 2005, the Planning Commission approved a Modification (PLN2005-
07) to a previously approved Conditional Use Permit (PLN2004-92) to allow the expansion of a
health spa, including massage therapy, into an existing commercial tenant space and
recommended to the City Council that a Parking Adjustment be approved for this expansion by a
4-0 vote (three commissioners were absent).
ANALYSIS
Applicant's Proposal: The applicant is requesting approval of a Parking Adjustment to allow no
parking spaces in conjunction with the expansion of an existing health spa use, including
massage therapy, into an existing commercial tenant space located at 18 N. Central Avenue.
The Community Development Director has detennined that the applicants day spa business most
closely resembles the "health spa" use as listed in the C-3 zoning district conditionally allowablé
use table and is therefore a conditionally pennitted use.
Parking: The C-3 Zoning District's standards for parking stipulate that legally existing buildings
shall be required to meet the current parking standards of the C-3- Zoning District upon
expansion of the building or when there is a change in use that requires more parking than what
is currently provided, unless a parking adjustment is approved by the City Council.
City Council Report - April 5, 2005
PLN2005-07 -18 N Central Avenue - Parking Adjustment
Page 2
The proposed expansion of the health spa, which is a service commercial use with a parking
requirement of one space per each 345 square feet of gross floor area, into an existing tenant
space that was previously occupied by an office use, with a parking requirement of one space per
each 425 square feet of floor area, represents a change in use that would require the applicant to
provide the required parking.
The applicant is requesting approval of a parking adjustment from the City Council because the
subject property currently has no off-street parking spaces and there are no locations that would
allow for the development of a parking area on site.
The Planning Commission recommended approval (4-0 vote, 3 Commissioners absent) of the
parking adjustment finding that the on-street parking and public parking garages in the
downtown will adequately meet the parking demands generated by the change in use and the
change will not be detrimental to the overall parking and circulation in the area.
ALTERNATIVES
1. Approve the proposed project subject to additional and/or modified conditions of approval.
2. Deny the proposed project.
3. Continue for further review.
FISCAL IMPACTS
None.
Attachments:
1. City Council Resolution (Parking Adjustment)
2. Planning Commission Resolutions and Meeting Minutes
3. Planning Commission Report including Attachments
Prepared by:
.~ Wl tt
~l~~]
Sharon Fierr , Community
,
Reviewed by:
~
Approved by:
Robert Kass, Interim City Manager
..
LE SP A
RECE IVI: D
MAR 1 5 ZO05
CJßHt/£f1fth.LL
14 N. Central Avenue
Campbell, California 95008
www.LeSpaCampbell.com
(408) 866-8108
March 15, 2005
Sharon Fierro/Community Development Director
City of Campbell
70 North First Street
Campbell, California 95008
Re: PLN2004-92 (14 N. Central Avenue) and PLN2005-07 (18 N. Central Avenue)
Dear Ms. Fierro:
The purpose of my letter is to both confirm my compliance with City of Campbell
Municipal Codes as well as to clarify any confusion about my business.
On March 8, 2005 I appeared before the Campbell Planning Commission to expand my
already approved conditional use permit (pLN2004-92) for Le Spa at 14 North Central Avenue.
In September 2004 when I applied for the original conditional use permit, I was told that the only
category in the Campbell Municipal Code that fit was as a "health spa".
At the March 8, 2005 Planning Commission meeting with you in attendance, I asked the
Planning Commission if there was any reason why I was called a "health spa" when in
November 2004, they had just granted an identical business at 35 South First Street in the C3
zoning district (pLN2004-143) a conditional use permit as a "day spa with massage services". I
recall the Planning Commission said they could not see any reason why my business should not
be consistent with the other and call it a "day spa". I further recall you said the term "health spa"
refers to "day spa" as well and that you would make the change,
I subsequently wrote Ms. Stephanie Willsey of your staff and received the attached
response (attachment B).
Assuming that my business falls within zoning district C-3, Campbell Municipal Code
Section 21.10.060 (C) (18) allows for the issuance of conditional use permits for other uses
similar to the ones listed in that section "Health spa" is listed as 21.10.060 (C) (6), as long as
such similar use is in compliance with Campbell Municipal Code Section 21.02.
Campbell Municipal Code Section 21.02 sets forth rules and procedures to have the
Community Development Director provide interpretations and determinations surrounding
questions involving the zoning code. The purpose, rules, and procedures are set forth in Sections
21.02.010, 21.02.020, and 21.02.030. As I understand it then, it was appropriate for me to
petition to be permitted as a "Day Spa", a tenn that you, as the Community Development
Director, could even move to add to the above referenced list as permitted uses. It is my
understanding that as the Director, your decision to accept such terms would have the full force
and effect of law as if said terms were listed. Since the definition of "health center" in the
Municipal Code does not include any of the services I offer as a "day spa", and since Municipal
Code section 21.02.040 does include the title "Day spa", it would seem proper and consistent for
Le Spa as a "day spa", Perhaps the approved neighboring "Day Spa" (pLN2004-143) down the
street may have been done under your authority as the Director of Community Development.
It appears to me that I can now could be included under the broaden definitions and have
my conditional use permits reflect that Le Spa as a "Day Spa". I am not sure why I was not
originally allowed to do so as was this other neighboring "Day Spa" business. With respect to
any confusion referred in Ms. Stephanie Willsey's e-mail to me concerning my existing
approved permit (pLN2004-92) vs. my application for a conditional use permit (modification of
expansion) (PLN2005-07), I made that issue quite clear at the March 8, 2005 Planning
Commission meeting. It appears to me that the confusion would be in that City of Campbell has
approved two permits for two businesses in the same area but under different categories. It
seems additionally inconsistent since I was told there was no such category of "Day Spa".
I am simply requesting to have my business titled what it is, a Day Spa as so approved for
my neighboring day spa business down the street. My request is just to be consistent with like
approved businesses. Is there an application and fee that I must file with the community
development department so that I may apply for the changes?
My direct contact number is (408) 314-9097.
Thank you for your time. I appreciate your consideration in this matter.
Attachment
Yahoo! Mail - tiffanymailboxus@yahoo.com
Page 1 of 2
1l'ÄEloOt, M A I L
Print - Close Wndow
From:
Stephan ieW@ci.campbell.ca.us
To:
tiffa nym a ilboxu s@yahoo.com
cc:
geoffb@cityofcampbell.com
Subject: RE: Conditional Use Permit Application
Date:
Wed, 9 Mar 200514:10:00 -0800
Tiffany -
The business listed in the Zoning Code that most resembles your business is "Health Spa". We use the Zoning
Code term so there is no confusion what the Use Permit is granted for. You could call your business a "personal
care service" or a "holistic wellness center" and we would still call it a "Health Spa". In order to avoid confusion
and be consistent with the previous approval, which is already done and can not be changed, we are going to
continue with the Health Spa description.
In terms of the other Use Permit for a Day Spa on First Street, we should have called that one a Health Spa also
to be consistent with the Zoning Code and the list of uses,
At the end of the day it does not really matter what it is called as long as you abide by the Conditions of
Approval.
Stephanie Willsey
City of Campbell Planning Division
(408) 866-2193
stephaniew@cityofcampbell.com
From: Tiffany Nguyen [mailto:tiffanymailboxus@yahoo.com]
Sent: Wednesday, March 09, 2005 1:52 PM
To: Stephanie Willsey
Cc: Geoff Bradley
SUbject: Conditional Use Permit Application
Dear Stephanie,
Thank you again for the great work you did with my conditional use permit application.
Just wanted to reconfinn the request I made at last night's planning commission hearing that my newly
approved permit number PLN2005-07 for 18 N Central Avenue (after the 10 day appeal period...) and
the previous conditional pennit number PLN2004-92 for 14 N Central Avenue (approved September 9,
2004), will both refer to my business as a "day spa" and not a "health spa". This applies to my original
space as well as the new space next door I am expanding in to.
Please, let me know if there is anything else I need to file with planning department, or to do at this
point.
If you could also, please reply to this e-mail with a confirmation of the correction in language to my
permits reflecting my status as a "day spa".
Again, thanks very much for your recommendation, and hard work with my application.
http:/ /us.f522.mail. yahoo.com/ym/ShowLetter?box=Inbox&Msgld=83...
3/15/05
Planning Commission MinL
of March 8, 2005
Page 9
of Units 1 and 11 that face Hacienda Avenue are to be considered part
of the common lot that are to be maintained by the CC&Rs;
. Adopted Resolution No. 3633 recommending approval of a Tentative
Subdivision Map (PLN2004-186) to allow the creation of 11 single
family lots and one common lot; and
. Adopted Resolution No. 3634 recommending approval of a Tree
Removal Permit (PLN2005-10) to allow the removal of one Monterey
Pine;
by the following roll call vote:
AYES: Doorley, Ebner, Rocha and Roseberry
NOES: None
AØSENT: Alderete, Francois and Gibbons
ABSTAIN: None
Acting Chair Rocha advised that this item would be forwarded to Council at its meeting of
April 5, 2005, for final action.
***
Acting Chair Rocha read Agenda Item No.4 into the record.
4
PLN200S-07
Nguyen, T.
Public Hearing to consider the application of Ms. Tiffany Nguyen,
on behalf of Le Spa, for a Modification (PLN2005-07) to a
previously approved Conditional Use Pennit (PLN2004-92) to allow
the expansion of a health spa, including massage therapy, into an
adjacent commercial tenant space with a parking adjustment on
property owned by Jeffrey and Gaylene Wyatt located at 18 N.
Central Avenue in the C-3-S (Central Business District) Zoning
District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA. Planning Commission decision
final, unless appealed in writing to the City Clerk within 10 calendar
days. Project Planner: Stephanie Willsey, Planner I
Ms. Stephanie Willsey, Planner I, presented the staff report as follows:
. Advised that the applicant is seeking approval for the Modification of a Use Pennit to
allow the expansion of a health spa into an adjacent tenant space that was fonnerly
occupied by a chiropractic office.
. Explained that the applicant obtained a Conditional Use Pennit for 14 N. Central Avenue
in September 2004. The location is on the east side of N. Central Avenue, between
Campbell Avenue and Civic Center Drive.
. Added that the project site is surrounded on all sides by commercial uses.
. Reported that the applicant provides esthetician services and sale of skin care products.
. Explained that the C-3 Zoning District requires a business to meeting parking requirements
when expansion is proposed unless a parking adjustment is granted by Council. The
parking ratio is one space for every 425 square feet. The applicant is requesting a parking
adjustment.
Planning Commission Minu__" of March 8, 2005
Page 10
. Advised that staff finds that the parking provided adequately meets the needs of this
business.
. Recommended adoption of a Resolution approving this Modification to a Use Permit and
to forward a recommendation to Council to approve a Parking Adjustment.
Acting Chair Rocha opened the Public Hearing for Agenda Item No.4.
Ms. Tiffany Nguyen, Applicant and Owner, Le Spa, 14 N. Central Avenue, Campbell:
. Said that she is expanding her business located at 14 N. Central into the adjacent space at
18 N. Central.
. Thanked Planner Stephanie Willsey for her recommendation of approval.
. Said that she has one concern in that her business is called a health spa when she prefers
the tenn day spa.
. Reminded that another day spa was recently approved nearby.
. Asked that her business also be called a day spa.
Director Sharon Fierro said that both are the same under the zoning.
Acting Chair Rocha stated that Ms. Nguyen could call her business a day spa if she wishes to
do so.
Commissioner Doorley said that business must be good since she is expanding.
Ms. Tiffany Nguyen replied yes, business is good.
Acting Chair Rocha asked what services are provided with this expansion.
Ms. Tiffany Nguyen replied that Le Spa provides esthetician services, facials, waxing, makeup
and massage. Additionally, the expansion will allow her to provide a staff lunch room and a
customer waiting area.
Acting Chair Rocha said that it appears that this use would be no more intensive than the
previous chiropractic use.
Acting Chair Rocha closed the Public Hearing for Agenda Item No.4.
Motion:
Upon motion of Commissioner Doorley, seconded by Commissioner
Roseberry, the Planning Commission took the following actions regarding
property located at 18 N. Central Avenue:
. Adopted Resolution No. 3635 approving a Modification (pLN200S-07)
to a previously approved Conditional Use Permit (PLN2004-92) to
allow the expansion of a day spa, including massage therapy, into an
adjacent commercial tenant space and
. Adopted Resolution No. 3636 recommending that Council grant a
parking adjustment in conjunction with the Modification of a Use
Permit,
Planning Commission Mim
of March 8, 2005
Page II
by the following roll call vote
AYES: Doorley, Ebner, Rocha and Roseberry
NOES: None
ABSENT: Alderete, Francois and Gibbons
ABSTAIN: None
***
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Community Development Director, was accepted as
presented with the following additions:
. Thanked Commissioner Rocha for filling in as Chair with little advanced warning.
. Reported that at its last meeting Council recognized Councilmember Hernandez for his
years of service on the Planning Commission.
. Advised that a proposed project on Campbell Avenue at San Tomas Expressway would
come to the Commission in the future. This site currently consists of a Water District
facility. RDA's 20 percent funds would be allocated to help support this project. These
funds must be spent on creation of affordable housing.
. Reported that the two projects, located on Harriet and Walters, were appealed to Council
regarding Public Works street improvement conditions. Council continued consideration
to its next meeting on March 21 st.
. Infonned that the appeal on the Coptic Church approval was denied. The Planning
Commission action was upheld.
. Advised that the next Planning Commission agenda would include three items. Tonight's
continued item on Westmont and new homes on San Tomas Aquino Road and York
Avenue.
. Pointed out the article in the current issue of Campbell Reporter on the Gilman Place
project. This is a changing area. Mr. Sarkasian, a local business owner, was quoted as
saying that he had initially been greatly concerned about the impacts of this project on the
area. Since completion of the project, no problems have come up.
Commissioner Doorley recalled that this had been a contentious project and that strong
concerns were raised at the public hearing.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:35 p.m. to the next Regular Planning
Commission Meeting of March 22, 2005.
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CITY OF CAMPBELL
Community Development Department
March 9, 2005
Ms. Tiffany Nguyen
14 N. Central Avenue
Campbell, CA 95008
Re:
PLN2005-07-18 N. Central Avenue-Modification to Use Pennit & Parking Adjustment
Dear Applicant:
Please be advised that at its meeting of March 8, 2005, the Planning Commission took the
following actions:
1. Adopted Resolution No. 3635 approving a Modification (PLN2005-07) to a previously
approved Conditional Use Pennit (PLN2004-92) to allow the expansion of your health spa
into an adjacent commercial tenant space, and
2. Adopted Resolution No. 3636 recommending that Council grant a parking adjustment in
conjunction with this approved Modification.
This project will be reviewed by Council for approval at its meeting of April 5, 2005. If you
have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Wk~ [)Jl~
Stephanie Willsey
Planner I
70 North First Street. Campbell, California 95008.1436 . TEL 408.866.2 t 40 . FAX 408.871.5140 . TOO 408.866.2790
RESOLUTION NO. 3635
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2005-07) TO
A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2004-
92) TO ALLOW THE EXPANSION OF A HEALTH SPA, INCLUDING
MASSAGE THERAPY. INTO AN ADJACENT COMMERCIAL TENANT
SP ACE ON PROPERTY OWNED BY JEFFREY AND GA YLENE WY A TT
LOCATED AT 18 N. CENTRAL AVENUE IN THE C-3-S (CENTRAL
BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MS.
TIFFANY NGUYEN. FILE NO. PLN2005-07.
After notification and public hearing. as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2005-07:
1. The proposed health spa expansion is consistent with the Central Commercial General Plan
land use designation for the project site.
2. The proposed project is consistent with the requirements of the C-3 Zoning District and will
be consistent with the Zoning Ordinance with approval of a Conditional Use Pennit.
3. A Conditional Use Permit allowing the establishment ofa health spa at 14 N. Central Avenue
was approved by the Planning Commission in September 2004. The proposed project would
expand this existing health spa use into the adjacent tenant space, formerly occupied by a
chiropractor's office.
4. The project site consists of a 4,948 square foot lot, developed with 4,103 square feet of
building area, 165 square feet of landscaping, and 680 square feet of paving.
5. The existing health spa consists of a 521 square foot tenant space and the proposed expansion
would occupy a 740 square foot tenant space for a total of 1,261 square feet.
6. No exterior modifications to the building or project site are proposed in conjunction with the
proposed expansion of the health spa.
7. The subject property is an "L-shaped" parcel that wraps around the parcel located on the
comer of East Campbell Avenue and North Central Avenue with building frontages on both
East Campbell Avenue and North Central Avenue. The property is surrounded on all sides
by commercial uses.
8. The Police Department has not expressed a concern with the proposed project.
9. The Redevelopment Agency has not expressed a concern with the proposed project.
Planning Commission Resolution No. 3635
PLN2005-07 -18 N. Central Avenue - Modification to Use Permit - Le Spa
Page 2
10. Business hours shall be restricted to 6 a.m. to 11 :00 p.m. daily.
11. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) ofthe California Environmental Quality Act
(CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
I. The proposed use is consistent with the General Plan.
2. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code and
the Municipal Code.
3. The proposed site is adequate in terms of size and shape to accommodate the fences and
walls, landscaping, parking and loading facilities, yards, and other development features
required in order to integrate the use with uses in the surrounding area.
4. The proposed site is adequately served by streets of sufficient capacity to Canoy the kind and
quantity of traffic the use would be expected to generate.
5. The design, location, size, and operating characteristics of the proposed use are compatible
with the existing and future land uses on-site and in the vicinity of the subject property.
6. The establishment, maintenance, or operation of the proposed use at the location proposed
will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of
persons residing or working in the neighborhood of the proposed use, or be detrimental or
injurious to property and improvements in the neighborhood or to the general welfare of the
City.
7. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
8. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (PLN2005-07) to a previously approved Conditional Use Pennit (PLN2004-92) to
allow the expansion of a health spa, including massage therapy, into an adjacent tenant space on
property owned by Jeffrey and Gaylene Wyatt located at 18 N. Central Avenue in the C-3-S
(Central Business District) Zoning District, subject to the following conditions:
Planning Commission Resolution No. 3635
PLN2005-07 - 18 N. Central Avenue - Modification to Use Pennit - Le Spa
Page 3
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Plannine: Division:
1. Approved Project: Approval is granted for a Modification (pLN2005~O7) to a previously
approved Conditional Use Permit (PLN2004-92) to allow the expansion of a health spa,
including massage therapy, into an existing commercial tenant space on property located at
18 N. Central Avenue. Project shall substantially conform to the project exhibits listed
below; except as may be modified by the conditions of approval contained herein:
a.
Site plan and floor plan dated as received by the Planning Division on February 14,
2005.
b. Project description dated as received by the Planning Division on February 14,2005.
2. Previous Conditions: All conditions of approval of the previously approved Conditional Use
Permit (PLN2004-92) as approved by Planning Commission Resolution No. 3588 shall
remain in effect.
PASSED AND ADOPTED this 8th day of March, 2005, by the following roll call vote:
Commissioners: Doorley, Ebner, Rocha and Roseberry
Commissioners: None
Commissioners: Alderete, Franco.iS an... d GibboU~ ..-,
Commissioners: None If ;A ~
APPROVED: ~ i-
A - ~ Michael Rocha, Acting Chair
ATTEST: ~~
Sharon Fierro, Secretary
AYES:
NOES:
ABSENT:
ABSTAIN :
RESOLUTION NO. 3636
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT COUNCIL GRANT A
PARKING ADJUSTMENT IN CONJUNCTION WITH AN APPROVED
MODIFICATION (PLN2005-07) TO A PREVIOUSLY APPROVED
CONDITIONAL USE PERMIT (PLN2004-92) TO ALLOW THE
EXPANSION OF A HEALTH SPA, INCLUDING MASSAGE THERAPY,
INTO AN ADJACENT COMMERCIAL TENANT SPACE ON PROPERTY
OWNED BY JEFFREY AND GA YLENE WY ATI LOCATED AT 18 N.
CENTRAL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT)
ZONING DISTRICT. APPLICATION OF MS. TIFFANY NGUYEN. FILE
NO. PLN2005-07.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2005-07:
1. The proposed health spa expansion is consistent with the Central Commercial General Plan
land use designation for the project site.
2. The proposed project is consistent with the requirements of the C-3 Zoning District and will
be consistent with the Zoning Ordinance with approval of a Conditional Use Permit and
Parking Adjustment.
3. A Conditional Use Permit allowing the establishment of a health spa at 14 N. Central Avenue
was approved by the Planning Commission in September 2004. The proposed project would
expand this existing health spa use into the adjacent tenant space, formerly occupied by a
chiropractor's office.
4. The C-3 Zoning District's standards for parking stipulate that legally existing buildings shall
be required to meet the current parking standards of the C-3- Zoning District upon expansion
of the building or when there is a change in use that requires more parking than what is
currently provided, unless a parking adjustment is approved by the City Council.
5. The proposed expansion of the health spa, which is a service commercial use with a parking
requirement of one space per each 345 square feet of gross floor area, into an existing tenant
space that was previously occupied by an office use, with a parking requirement of one space
per each 425 square feet of floor area, represents a change in use that would require that the
applicant provide the required parking.
6. The subject property currently has no off-street parking spaces and there are no locations that
would allow for the development of a parking area on site.
Planning Commission Resolution No. 3636
PLN2005-07 - 18 N. Central Avenue - Recommending Approval of a Parking Adj ustment
Page 2
7. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for commercial uses.
8. The project qualifies as a Categorically Exempt project per Section 15303. Class 3 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act
(CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The development and uses will be compatible with the General Plan of the City and will aid
in the hannonious development of the immediate area.
2. The existing on-street parking and public parking garages in the surrounding area will
adequately meet the parking demands generated by the change in use.
3. The change in use will not be detrimental to the overall parking and circulation in the area.
4. The proposed project 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.
5. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that
Council grant a parking adjustment in conjunction with an approval of a Modification
(PLN2005-07) to a previously approved Conditional Use Permit (PLN2004-92) to allow the
expansion of a health spa, including massage therapy, into an adjacent tenant space on property
owned by Jeffrey and Gaylene Wyatt located at 18 N. Central Avenue in the C-3-S (Central
Business District) Zoning District, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
Planning Commission Resolution No. 3636
PLN2005-07 - 18 N. Central Avenue - Recommending Approval of a Parking Adjustment
Page 3
PASSED AND ADOPTED this 8th day of March, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners :
Commissioners :
Commissioners:
Doorley, Ebner, Rocha and Roseberry
None
Alderete, Francois and:;¡;;¡Gibb~nS It' , 7
None !! .: /;
APPROVED: '.., (~
~ Michael Rocha, Acting Chair
AITEST: ~ ~
Sharon Fierro, Secretary
,tf
..\,~. of¡ . CA-11Pð
!::: ~
U r-
0 0
.. ..
.s. "
~ c.,'
'O~CHI'"Q'
ITEM NO.4
CITY OF CAMPBELL' PLANNING COMMISSION
Staff Report. March 8, 2005
PLN2005-07
Nguyen, T.
Public Hearing to consider the application of Ms. Tiffany Nguyen, on
behalf of Le Spa, for a Modification (PLN2005-07) to a previously
approved Conditional Use Pennit (PLN2004-92) to allow the expansion of
a health spa, including massage therapy, into an existing commercial tenant
space with a parking adjustment on property owned by Jeffrey and Gaylene
Wyatt located at 18 N. Central Avenue in the C-3 (Central Business
District) Zoning District.
ST AFF RECOMMENDATION
That the Planning Commission take the following actions:
1. Adopt a Resolution, incorporating the attached findings, approving a Modification to a
previously approved Conditional Use Pennit to allow the expansion of a health spa, including
massage therapy, into an existing commercial tenant space, subject to the attached conditions
of approval.
2. Adopt a Resolution, incorporating the attached findings, recommending that the City
Council approve a Parking Adjustment to allow no on-site parking spaces in conjunction
with the expansion of the health spa use.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt
under Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to
the conversion of a small existing structure from one use to another where only minor
modifications to the exterior of the structure are made.
PROJECT DATA
Net Lot Area:
4,948 square feet (0.11 acres)
Site Utilization:
Total Building Coverage:
Landscape Coverage:
Paving Coverage:
4,103 sq. ft. (83%)
165 sq. ft. (3%)
680 sq. ft. (14%)
Subject Tenant Space:
521 sq. ft. (existing) + 740 sq. ft. (proposed) = 1,261 sq. ft.
Parking:
0 spaces
Surrounding Uses:
North:
South:
East:
West:
Commercial
Commercial
Commercial
Commercial
Staff Report - Planning CoUlmission Meeting of March 8, 2005
PLN2005-07 -18 N. Central Avenue
Page 2
D ISCUSSI 0 N
Applicant's Proposal: The applicant is requesting approval of a Modification to a previously
approved Conditional Use Pennit to allow the expansion of a health spa into an adjacent
commercial tenant space located at 18 N. Central Avenue. The existing health spa offers a wide
range of aesthetician services, including massage therapy, and the sale of spa/skin care products
and would be expanded into the adjacent tenant space so that the business could accommodate a
greater number of clients daily.
Project Location: The subject property is an "L-shaped" parcel that wraps around the parcel
located on the corner of East Campbell Avenue and North Central Avenue with building
frontages on both East Campbell Avenue and North Central Avenue. The property is surrounded
on all sides by commercial uses.
Background: The subject property is developed with a single-story, multi-tenant commercial
building constructed in approximately 1958. There are currently three tenant spaces in the
building that are occupied by Le Spa, Katie Blooms restaurant and bar, and fonnerly a
chiropractors office. Le Spa and the vacant tenant space have storefronts facing North Central
Avenue and Katie Blooms has a storefront facing East Campbell Avenue. A Conditional Use
Pennit allowing the establishment of a health spa at this location was approved by the Planning
Commission in September 2004. The applicant is seeking to expand this health spa use into the
adj acent vacant tenant space.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is Central
Commercial. The proposed health spa expansion is consistent with this land use designation.
Zoning Designation: The zoning designation for the project site is C-3 (Central Business
District). The C-3 Zoning District allows health spas with approval of a Conditional Use Pennit
on the ground floor of parcels abutting East Campbell Avenue, east of Second Street, as long as
the business is located in a separate tenant space that is a minimum of 50 feet from East
Campbell Avenue and the separate tenant space does not have a door or entrance that takes
access from East Campbell Avenue. The proposed project meets these criteria and will be
consistent with the Zoning Ordinance with approval of a Conditional Use Pennit.
Use: The applicant is requesting approval for the expansion of an existing health spa with a full
range of aesthetician services, including massage therapy and the retail sale of spa/skin care
products, into an adjacent tenant space. Aesthetician services include, but are not limited to,
facials, body therapy, waxing, manicures and pedicures, and makeup services.
The applicant's business description (Attachment #5) indicates that the hours of operation for the
existing business are Tuesdays through Fridays, 10 a.m. to 7 p.m. and Saturdays, 10 a.m. to 5
p.m. If the expansion is approved, the applicant proposes to change the operational hours from 9
a.m. to 8 p.m., seven days a week. The conditions of approval limit the hours of operation to 6
a.m. to 11 p.m. daily, which is the same limitation applied to all commercial businesses in
commercial zoning districts.
Staff Report - Planning Commission Meeting of March 8, 2005
PLN2005-07 - 18 N. Central Avenue
Page 3
Parking: The C-3 Zoning District's standards for parking stipulate that legally existing buildings
shall be required to meet the current parking standards of the C-3- Zoning District upon
expansion of the building or when there is a change in use that requires more parking than what
is currently provided, unless a parking adjustment is approved by the City Council.
The proposed expansion of the health spa, which is a service commercial use with a parking
requirement of one space per each 345 square feet of gross floor area, into an existing tenant
space that was previously occupied by an office use, with a parking requirement of one space per
each 425 square feet of floor area, represents a change in use that would require the applicant to
provide the required parking.
The applicant is requesting approval of a parking adjustment from the City Council because the
subject property currently has no off-street parking spaces and there are no locations that would
allow for the development of a parking area on site. Staff finds that the on-street parking and
public parking garages in the downtown will adequately meet the parking demands generated by
the change in use and the change will not be detrimental to the overall parking and circulation in
the area.
Exterior Modifications: No exterior modifications to the building or project site are proposed in
conjunction with the proposed expansion of the health spa. The existing landscape planter along
the northern side of the building will remain and is not impacted by the project.
Police Department Review: The Campbell Police Department has reviewed the application and
has no comments regarding the application.
Redevelopment Agency Review: The Redevelopment Agency has reviewed the application and
has no comments regarding the application.
Site and Architectural Review Committee: The Site and Architectural Review Committee did
not review this application, as there are no changes proposed to the exterior of the building or
site configuration.
Attachments:
1. Findings for Approval of Conditional Use Pennit Modification
2. Findings for Approval of a Parking Adjustment
3. Conditions of Approval for Conditional Use Pennit Modification
4. Planning Commission Resolution No. 3588
5. Applicant's Business Description
6. Exhibits
7. Location Map
Staff Report - Planning Commission Meeting of March 8, 2005
PLN2005-07 -18 N. Central Avenue
Page 4
Prepared by:
Approved by:
~ Wi \l~
Stephanie Willsey, Planner I /
i:¿7 /
GeoffI. Bradley, Senior Planner
Attachment # 1
FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT MODIFICATION
SITE ADDRESS:
APPLICANT:
P.c. MEETING:
18 N. Central Avenue
Tiffany Nguyen on behalf of Le Spa
March 8, 2005
Findings for approval of for a Modification to a previously approved Conditional Use Pennit to
allow the expansion of a health spa. including massage therapy. into an existing commercial
tenant space located at 18 N. Central Avenue.
The Planning Commission finds as follows with regard to file number PLN2005-07:
1. The proposed health spa expansion is consistent with the Central Commercial General Plan
land use designation for the project site.
2. The proposed project is consistent with the requirements of the C-3 Zoning District and will
be consistent with the Zoning Ordinance with approval of a Conditional Use Pennit.
3. A Conditional Use Pennit allowing the establishment of a health spa at 14 N. Central Avenue
was approved by the Planning Commission in September 2004. The proposed project would
expand this existing health spa use into the adjacent tenant space, fonnerly occupied by a
chiropractor's office.
4. The project site consists of a 4,948 square foot lot, developed with 4,103 square feet of
building area, 165 square feet of landscaping, and 680 square feet of paving.
5. The existing health spa consists of a 521 square foot tenant space and the proposed expansion
would occupy a 740 square foot tenant space for a total of 1,261 square feet.
6. No exterior modifications to the building or project site are proposed in conjunction with the
proposed expansion of the health spa.
7. The subject property is an "L-shaped" parcel that wraps around the parcel located on the
corner of East Campbell Avenue and North Central Avenue with building frontages on both
East Campbell Avenue and North Central Avenue. The property is surrounded on all sides
by commercial uses.
8. The Police Department has not expressed a concern with the proposed project.
9. The Redevelopment Agency has not expressed a concern with the proposed project.
1 O. Business hours shall be restricted to 6 a.m. to 11 :00 p.m. daily.
II. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act
(CEQA).
Attachment # 1
Page 2 of 2
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed use is consistent with the General Plan.
2. The proposed use is allowed within the applicable zoning district with Conditional Use
Pennit approval, and complies with all other applicable provisions of this Zoning Code and
the Municipal Code.
3. The proposed site is adequate in tenns of size and shape to accommodate the fences and
walls, landscaping, parking and loading facilities, yards, and other development features
required in order to integrate the use with uses in the surrounding area.
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the use would be expected to generate.
5. The design, location, size, and operating characteristics of the proposed use are compatible
with the existing and future land uses on-site and in the vicinity of the subject property.
6. The establishment, maintenance, or operation of the proposed use at the location proposed
will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of
persons residing or working in the neighborhood of the proposed use, or be detrimental or
injurious to property and improvements in the neighborhood or to the general welfare of the
City.
7. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
8. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
Attachment #2
FINDINGS FOR APPROVAL OF A PARKING ADJUSTMENT
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
18 N. Central Avenue
Tiffany Nguyen on behalf ofLe Spa
March 8, 2005
Findings recommending that the City Council approve a Parking Adjustment to allow no on-site
parking spaces in conjunction with the expansion of the health spa use at 18 N. Central Avenue.
The Planning Commission finds as follows with regard to File No. PLN2005-07:
1. The proposed health spa expansion is consistent with the Central Commercial General Plan
land use designation for the project site.
2. The proposed project is consistent with the requirements of the C-3 Zoning District and will
be consistent with the Zoning Ordinance with approval of a Conditional Use Pennit and
Parking Adjustment.
3. A Conditional Use Pennit allowing the establishment of a health spa at 14 N. Central Avenue
was approved by the Planning Commission in September 2004. The proposed project would
expand this existing health spa use into the adjacent tenant space, fonnerly occupied by a
chiropractor's office.
4. The C-3 Zoning District's standards for parking stipulate that legally existing buildings shall
be required to meet the current parking standards of the C-3- Zoning District upon expansion
of the building or when there is a change in use that requires more parking than what is
currently provided, unless a parking adjustment is approved by the City Council.
5. The proposed expansion of the health spa, which is a service commercial use with a parking
requirement of one space per each 345 square feet of gross floor area, into an existing tenant
space that was previously occupied by an office use, with a parking requirement of one space
per each 425 square feet of floor area, represents a change in use that would require that the
applicant provide the required parking.
6. The subject property currently has no off-street parking spaces and there are no locations that
would allow for the development of a parking area on site.
7. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for commercial uses.
8. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act
(CEQA).
Attachment #2
Page 2 of2
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
2. The existing on-street parking and public parking garages in the surrounding area will
adequately meet the parking demands generated by the change in use.
3. The change in use will not be detrimental to the overall parking and circulation in the area.
4. The proposed project 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 ofthe city.
5. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts ofthe project
Attachment #3
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT MODIFICATION
SITE ADDRESS:
APPLICANT:
P.e. MEETING:
18 N. Central Avenue
Tiffany Nguyen on behalfofLe Spa
March 8, 2005
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. Where approval by the Community Development Director, City Engineer, Public
Works Director, City Attorney, or Fire Department is required, that review shall be for compliance
with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and
regulations, and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for a Modification (PLN2005-07) to a previously
approved Conditional Use Pennit (PLN2004-92) to allow the expansion of a health spa,
including massage therapy, into an existing commercial tenant space on property located at 18
N. Central Avenue. Project shall substantially confonn to the project exhibits listed below;
except as may be modified by the conditions of approval contained herein:
a. Site plan and floor plan dated as received by the Planning Division on February 14,2005.
b. Project description dated as received by the Planning Division on February 14,2005.
2. Previous Conditions: All conditions of approval of the previously approved Conditional Use
Pennit (PLN2004-92) as approved by Planning Commission Resolution No. 3588 shall remain
in effect.
RESOLUTION NO. 3588
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2004-92) TO ALLOW THE ESTABLISHMENT OF A HEALTH SPA,
INCLUDING MASSAGE THERAPY, WITHIN AN EXISTING
COMMERCIAL BUILDING ON PROPERTY OWNED BY JEFF AND
GAYLENE WYATT LOCATED AT 14 N. CENTRAL AVENUE IN THE
C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT.
APPLICATION OF MS. TIFFANY N. NGUYEN. FILE NO.: PLN2004-
92.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to applications PLN2004-92 :
I. The proposed health spa, including massage therapy, is consistent with the Central
Commercial General Plan land use designation for the project site.
2. The proposed project is consistent with the requirements of the C-3 Zoning District and will
be consistent with the Zoning Ordinance with approval of a Conditional Use Pennit.
3. The project site consists of a 4,948 square foot lot, developed with 4,103 square feet of
building area, 165 square feet oflandscaping, and 680 square feet of paving.
4. No exterior modifications to the building or project site are proposed in conjunction with the
proposed establishment ofthe health spa.
5. The subject property has no off-street parking spaces and the project is not required to
provide any parking pursuant to Section 21.10.060 (I) Standards for Parking in the C-3-
Zoning District.
6. The property is located on the east side of North Central Avenue between East Campbell
Avenue and Civic Center Drive and is surrounded on all sides by commercial uses.
7. The Police Department has not expressed a concern with the proposed project.
8. The Redevelopment Agency has not expressed a concern with the proposed project.
9. Business hours shall be restricted to 6 a.m. to 11:00 p.m. daily.
10. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resolution No. 3588
PLN2004-92 - 14 N. Central Avenue - Conditional Use Pennit - Le Spa
Page 2
1. The proposed use is consistent with the General Plan.
2. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code and
the Municipal Code.
3. The proposed site is adequate in terms of size and shape to accommodate the fences and
walls, landscaping, parking and loading facilities, yards, and other development features
required in order to integrate the use with uses in the surrounding area.
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the use would be expected to generate.
5. The design, location, size, and operating characteristics of the proposed use are compatible
with the existing and future land uses on. site and in the vicinity of the subject property.
6. The establishment, maintenance, or operation of the proposed use at the location proposed
will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of
persons residing or working in the neighborhood of the proposed use, or be detrimental or
injurious to property and improvements in the neighborhood or to the general welfare of the
City.
7. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
8. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (pLN2004-92) to allow the establislunent of a health spa, including massage therapy,
within an existing commercial building on property owned by Jeff and Gaylene Wyatt located at
14 N. Central Avenue in the C-3-S (Central Business District) Zoning District, subject to the
following conditions.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
Planning Commission Resolution No. 3588
PLN2004-92 -14 N. Central Avenue - Conditional Use Permit - Le Spa
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Plan nine: Division:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2004-92) to allow
the establishment of a health spa including massage therapy within an existing commercial
building on property located at 14 N. Central Avenue. Project shall substantially confonn to
the project exhibits listed below; except as may be modified by the Conditions of Approval
contained herein:
a. Site plan dated as received by the Planning Division on August 20, 2004.
b. Floor plan and project description dated as received by the Planning Division on July 23,
2004.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period the use must
be established on the property and the conditions of approval satisfied. Failure to meet this
deadline will result in the Conditional Use Permit being void.
3. Revocation of Permit: Operation of the use in violation of the Conditional Use Pennit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
4. Property Maintenance: The owner/operator of the subject property shall maintain all exterior
areas of the business free from graffiti, trash, and rubbish placed on the property.
5. Outdoor Storal!e: No outdoor storage is pennitted on the subject property. No equipment,
materials, or business vehicles shall be parked and/or stored outside the building.
6. Operational Hours: The operational hours shall be limited to 6 a.m. to 11 :00 p.m. daily.
7. On-Site Lighting: Any proposed on~site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting intensity
of any exterior lighting shall be reviewed and approved by the Community Development
Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative
design to be compatible with the development and shall incorporate energy saving features.
8. Signs: No signage is pennitted as part of the development application approved herein. New
signage shall not be installed prior to approval of a sign permit as required by Chapter 21.30
of the Campbell Municipal Code.
9. Massae:e Permit: The applicant shall obtain and pennit from the Campbell Police Department
for the massage therapy portion of the health spa use prior to the commencement of the
massage therapy in accordance with Chapter 5.48 of the Campbell Municipal Code.
Planning Commission Resolution No. 3588
PLN2004-92 - 14 N. Central Avenue - Conditional Use Pennit - Le Spa
Page 4
BuUdinl! Division:
10. Pennits Required: A building pennit application shall be required for the proposed spa use.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the pennit.
11. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building pennit.
12. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
13. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
14. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection fonns from
the Building Inspection Division Counter.
15. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" X 36") is available at the Building Division
service counter.
16. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
17. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption Conn on
submitted construction plans. Fonn is available at Building Division service counter.
18. Sanitation: The applicant is advised that commercial spaces having more than four
employees require restroom facilities for each sex. If employees are added to existing staff in
conjunction with new services, restrooms will need to be upgraded.
19. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
Planning Commission Resolution No. 3588
PLN2004-92 -14 N. Central Avenue- Conditional Use Pennit- Le Spa
Page 5
PASSED AND ADOPTED this 28h day of September, 2004, by the following roll call vote:
AYES:
Commissioners:
Doorley, Francois, Gibbons, Hernandez, Rocha and
Roseberry
None
Alderete
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED: .
G
ATTEST: ~~L
,"S~ Fierro, Secretary
0'" . CAItj
. ~<5>
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, °
CAMPBELL
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'ORCH""O'
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CITY OF CAMPBELL
u
Community Development Department
February 25,2005
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, March 8,2005, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Hearing to consider the application of
Ms. Tiffany Nguyen, on behalf of Le Spa, for a Modification (PLN2005-07) to a previously
approved Conditional Use Pennit (PLN2004-92) to allow the expansion of a health spa,
including massage therapy, into an adjacent commercial tenant space with a parking adjustment
on property owned by Jeffrey and Gaylene Wyatt located at 18 N. Central Avenue in the C-3-S
(Central Business District) Zoning District. Staff is recommending that this project be deemed
Categorically Exempt under CEQA.
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 Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
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.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2005-07
Address: 18 N. Central Avenue
70 North First Street, Campbell, California 95008°1436 . In 408,866,2140 . FAX 408.871.5140 ' TIJIJ 408.866.2790
..
LE SPA
14 N. Central Avenue
Campbell, California 95008
(408) 866-8108
www.LeSpaCampbell.com
February 14, 2005
Stephanie Willsey/Planner I
City of Campbell
Planning Department / Members of Planning Commission
70 North First Street
Campbell, California 95008
Re: 18 N. Central Avenue - adjacent space to 14 N Central Avenue
Proposed Expansion of Use of Premises (revision o/letter dated January 27, 2005)
To Whom It May Concern:
I am the owner and operator of Le Spa, a studio day spa, now in its second year of
business in downtown Campbell at 14 North Central Avenue. I am a state licensed
aesthetîcian and certified massage therapist, and my spa offers a full spectrum of day spa
services includes skinlbody care, massage therapy, makeup, waxing, nail care (coming
soon) and retail sales of quality skin and body care products.
I have recently been offered a lease to the adjacent, attached space at 18 N. Central
consisting of 740 square feet, I am requesting approval to expand into this additional
space increase my day spa business fÌ"om its currently approved use and configuration of
two treatment rooms, one nail care station and 60 square feet of retail area to a maximum
of four treatment rooms, three nail care stations and approximately triple the retail space
to 180 square feet,
In my first two years in business as a studio spa, I have gained the reputation of offering
only the highest quality skin and body care. Because the business is continuing to grow,
my clients, who are mostly Campbell residents, must often wait weeks for a scheduled
appointment as well as unable to book small group services. I feel it is in the best
interests of both the City of Campbell and Le Spa to increase our capacity to meet their
needs.
If approved, the adjacent space would be designed to contain a maximum of three
treatment rooms, three nail care stations and 120 square feet of new retail space. This will
also allow for a more comfortable waiting area, larger office, increased storage, and an
employee break area,
The business traffic we currently generate in the downtown area is approximately fifteen
customers per day. With the additional square footage we would expect to increase that to
approximately forty or fifty customers per day. Since the existing business in the
proposed space has been a long term Chiropractic service which also has three treatment
rooms, the effects on parking should be minimal,
The benefits of such an expansion to the City of Campbell are numerous, including more
customers and foot traffic in the downtown area, increased sales tax revenues, and an
updated exterior to the building reflecting the City's desire for a more unified downtown
appearance, It will also allow for more wedding related, small group and family services
such as assisting teens with acne concerns.
Our current hours of operation are Tuesdays through Fridays, lOam to 7pm and
Saturdays, lOam to 5pm. If approved, we would like to extend our hours and days of
operation to be open from 9am to 8pm, seven days a week.
We currently have one full-time and one part-time employee per shift and anticipate
adding six part-time to full-time independent contractors for a total staffing of eight per
shift.
The attached floor plan shows the proposed layout of the new adjoining space.
For your convenience, you may review a detailed description of the services currently
offered at Le Spa by visiting us on line at www.LeSpaCampbell,com.
attachments
c: Jefftey Wyatt, Property Owner
Wyatt & Associates
14577 Big Basin Way, Suite 2A
Saratoga, California 95070
0\ . CAII1
. /)/,
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U r
CAMPBELL
C H ^ II'"
CITY OF CAMPBELL
Community Deveiopment Department
January 27,2005
Ms. Tiffany N. Nguyen
14 N. Central Avenue
Campbell, CA 95008
Re:
Conditional Use Permit Modification
File No.: PLN2005-07
18 N. Central Avenue
Dear Ms. Nguyen:
The Planning Division has reviewed your Conditional Use Pennit Modification application for
the expansion of a health spa into the adjacent commercial tenant space located at 18 N. Central
Avenue. This application will be considered by the Planning Commission and would be decided
upon at a public hearing.
Your application has been deemed incomplete. Additional infonnation/documents must be
submitted before your application can be deemed complete and scheduled for a public hearing.
These items are as follows:
1. Project Plans: Please provide a more legible and complete set of plans. The site plan shall
include all the infonnation on the enclosed plan submittal checklist and shall be specific to
the Use Permit Modification application. The floor plan shall include the area of the existing
business as well as the proposed floor area. The plans shall include a co~plete "project
summary" and shall include all the infonnation on the enclosed worksheet.
2. Parking: The proposed expansion of the day spa into the adjacent tenant space, which was
previously occupied by a chiropractic office, will require a parking adjustment from the City
Council. The City's C-3 zoning ordinance stipulates that the parking demand for a service
commercial establishment is higher than the parking demand for office. Legally existing
buildings are required to meet the current parking standards when there is a change in use
which requires more parking than is currently provided or a parking adjustment must be
acquired.
3. Project Description: Please provide a revised project description which includes infonnation
about the proposed expansion, the existing operation, how they will relate to each other, and
all the services currently provided within the day spa use and what is proposed in the
expanSIOn.
70 North First Street
Call1pheli, California 95008-143(,
Tli 408.866.2140
fAX 408.87 ¡ ,5 40 ' I'!)!) 408.866.'2790
PLN2005-07 - 18 N. Centra. . ve.
Page 2 of 2
If you have any questions regarding these comments, please contact me at (408) 866-2193 or by
email at stephaniew@citvofcampbell.com.
Sincerely,
S~h~= W~
Planner I
Encl:
Plan Submittal Requirements
Project Summary Sheet
cc:
GeoffBradley, Senior Planner
+
LE SPA
Tiffany N. Nguyen
14 N. Central Avenue
Campbell, California 95008
www.LeSpaCampbell.com
(408) 866-8108
RECEIVED
JAN 2 7 ZO05
CllY OF CAMPBELL
PLANNING DEPT.
January 27,2005
Stephanie Willsey/Planner I
City of Campbell
Planning Department
70 North First Street
Campbell, California 95008
Re: Modification of Use Permit (Application dated January 13, 2004)
Dear Ms. Willsey:
Please see the enclosed attachments of revision to my application in response to
your message left on January 18, 2004. Unfortunately, I apologize for not receiving it
until now, Please let me know if there was anything else you would need.
Again, I apologize for any inconvenience this may cause.
/~
attachments
fJ
..
LE SPA
14 N. Central Avenue
Campbell, California 95008
(408) 866-8108
www.LeSpaCampbell.com
January 27, 2005
Stephanie WillseylPlanner I
City of Campbell
Planning Department / Members of Planning Commission
70 North First Street
Campbell, California 95008
Re: 18 N. Central Avenue - adjacent space to 14 N Central Avenue
Proposed Expansion of Use of Premises (revision of letter dated January 13, 2005)
To Whom It May Concern:
I am the owner and operator of Le Spa, a studio day spa, now in its second year of
business in downtown Campbell at 14 North Central Avenue. I am a state licensed
aesthetician and certified massage therapist, and my spa offers a full spectrum of
aesthetician services and retail sales of quality skin and body care products.
I have recently been offered a lease to the adjacent, attached space at 18 N. Central
consisting of 740 square feet, I am requesting approval to expand into this additional
space increase my day spa business ttom its currently approved use and configuration of
two treatment rooms, one nail care station and 60 square feet of retail area to a maximum
of four treatment rooms, three nail care stations and approximately triple the retail space
to 180 square feet.
In my first two years in business as a studio spa, I have gained the reputation of offering
only the highest quality skin and body care. Because the business is continuing to grow,
my clients, who are mostly Campbell residents, must often wait weeks for a scheduled
appointment. I feel it is in the best interests of both the City of Campbell and Le Spa to
increase our capacity to meet their needs.
If approved, the adjacent space would be designed to contain a maximum of three
treatment rooms, three nail care stations and 120 square feet of new retail space. This will
also allow for a more comfortable waiting area, larger office, increased storage, and an
employee break area.
The business traffic we currently generate in the downtown area is approximately fifteen
customers per day. With the additional square footage we would expect to increase that to
approximately forty or fifty customers per day. Since the existing business in the
proposed space has been a long term Chiropractic service which also has three treatment
rooms, the effects on parking should be minimal.
The benefits of such an expansion to the City of Campbell are numerous, including more
customers and foot traffic in the downtown area, increased sales tax revenues, and an
updated exterior to the building reflecting the City's desire for a more unified downtown
appearance. It will also allow for more wedding related, small group and family services
such as assisting teens with acne concerns.
Our current hours of operation are Tuesdays through Fridays, lOam to 7pm and
Saturdays, lOam to 5pm. If approved we would like to extend our hours and days of
operation to be open fÌ'om 9am to 8pm, seven days a week.
We currently have one full-time and one part-time employee per shift and anticipate
adding six part-time to full-time employees for a total staffing of eight per shift.
The attached floor plan shows the proposed layout of the new adjoining space.
For your convenience, you may review a detailed description of the services currently
offered at Le Spa by visiting us on line at www.LeSpaCampbell.com.
Sincerely yours,
Tiffany N. Nguyen
attachments
c: JeffTey Wyatt, Property Owner
Wyatt & Associates
14577 Big Basin Way, Suite 2A
Saratoga, California 95070
..
LE SPA
14 N. Central Avenue
Campbell, California 95008
(408) 866-8108
www.LeSpaCampbell.com
January 13, 2005
City of Campbell
Planning Department / Members of Planning Commission
70 North First Street
Campbell, California 95008
Re: 18N. Central Avenue-a4jacentspace to 14N. Centra/Avenue
Proposed Expansion of Use of Premises
To Whom It May Concern:
I am the owner and operator of Le Spa, a studio day spa, now in its second year of
business in downtown Campbell at 14 North Central Avenue. I am a state licensed
aesthetician and certified massage therapist, and my spa offers a full spectrum of
aesthetician services and retail sales of quality skin and body care products.
I have recently been offered a lease to the adjacent, attached space at 18 N. Central
consisting of 740 square feet. I am requesting approval to expand into this additional
space and increase my day spa business fÌ"om its currently approved configuration of two
aesthetician treatment rooms, one nail care station and 60 square feet of retail area to a
maximum of four treatment rooms, three nail care stations and approximately triple the
retail space to 180 square feet.
In my first two years in business as a studio spa, I have gained the reputation of offering
only the highest quality skin and body care. Because the business is continuing to grow,
my clients, who are mostly Campbell residents, must often wait weeks for a scheduled
appointment. I feel it is in the best interests of both the City of Campbell and Le Spa to
increase our capacity to meet their needs,
If approved, the adjacent space would be designed to contain a maximum of three
treatment rooms, three nail care stations and 120 square feet of new retail space. This will
also allow for a more comfortable waiting area, larger office, increased storage, and an
employee break area.
The business traffic we currently generate in the downtown area is approximately fifteen
customers per day. With the additional square footage we would expect to increase that to
approximately forty or fifty customers per day. Since the existing business in the
proposed space has been a long term Chiropractic service which also has three treatment
rooms, the effects on parking should be minimal.
The benefits of such an expansion to the City of Campbell are numerous, including more
customers and foot traffic in the downtown area, increased sales tax revenues, and an
updated exterior to the building reflecting the City's desire for a more unified downtown
appearance. It will also allow for more wedding related, small group and family services
such as assisting teens with acne concerns.
Our current hours of operation are Tuesdays through Fridays, lOam to 7pm and
Saturdays, lOam to 5pm. If approved we would like to extend our hours and days of
operation to be open fÌ'om 9am to 8pm, seven days a week.
We currently have one full-time and one part-time employee per shift and anticipate
adding six part-time to full-time employees for a total staffing of eight per shift.
The attached floor plan shows the proposed layout of the new adjoining space.
For your convenience, you may review a detailed description of the services currently
offered at Le Spa by visitin us on line at www.LeSpaCampbell.com.
uec l~ U~ U~:~~p
Dee 15 04 03:26p
Tirr~..,~ NCu~en
(409) 966-9608
p.2
p. 1
Jeffery & GGllene wyatt
IfýDtt & ,bmc;(JÙ$
14577 Bigßasin Way, Sujle 2^
S;untoga. c.'¡ifomi.'\ 95070
December 15, 2004
City of Campbell
Community Development Depanment
70 North First Stteet
Campbell. California 95008-1436
Rt: 14 and 18 No~ Central Ave...~ Campbell
Notice of Intenl to Lease to Tilfany Nguyen
Dear GeoW Bradley/Stephanie Wi I1scy:
We own that building housing common adjoining addresses 14 North Campbell Averue and
18 North CampbeU Avenue in the City of Campbell. This letter serves to inform tbe City of
Campbell that we intend to lease tbose premises commonly known as 18 North Central Avt!ßue to
Tiffany Nguyen. provided that she obtains from the City of CampbeU a conditional use pcrmjt
allowing expansion of her day spa (Toe Spa) to those adjoining premises.
We presently enjoy a landlord-tenant relationship of almost three years duration with Ms.
Nguyen relating to that property commonly known as )4 Nonh Central Avenue. M$. Ngu)cn has
established at saicfJocatíon a thriving day spa busine~ and now wishcs to expand her busine$$ in
order to accommodate the increa $ing demand for full spa servic~. We fully support Ms. Nguyen in
her desire to expand and wilt execute a new long-term writteo lease with her encompassing both 14
and 18 North Central Avenue once the applicable conditional use permits are in place.
This notice ofintent to lease is intended as a legal document and shou d be given tI\.~ same
force and effect as a fully executed written lease. This dowment, rather than some form of
conditional written tease. is pretèrred by 'us and by Ms. Nguyen. If no conditional use permit is
forthcoming allowing the intended use by Ms, Nguyen of 1 g North Central Avenue, no lease '",in be
executed by Ms. Nguyen and us covering said property.
Thank you for your consideration in this matter
Sincerely YOUTs.
~~
Jl'.F RYWY~
GAYLENE WYATT
..
LE SPA
Tiffany N. Nguyen
14 North Central Avenue
Campbell, California 95008
www.LeSpaCampbell.com
(408) 866-8108
RECEIVED
JAN 2 6 2005
, CITY OF CAMPBELL
CITY MANAGER'S OFFICE
January 24, 2005
<!.<!.-; ~K
~~
I~~
~
Jane P. Kennedy, Mayor
Jeanette Watson, Vice-Mayor
Donald R. Burr, Council Member
Daniel E. Furtado, Council Member
Joseph D. Hernandez, Council Member
Campbell City Council c/o Anne C. Bybee, City Clerk
Campbell City Hall
70 North First Street
Campbell, California 95008
Re: De Novo Hearing Following Appeal by Applicant Tiffany N. Nguyen from Denials
of Massage Establishment Permit and Massage Therapist Permit (Campbell
Municipal Code § 5.48.130)
Tuesday. Februarv 15. 2005 Hearing Date, Regular Meeting of the City Council-
Revised Time Estimate for Hearing: 10 Minutes
Letter Presentation to City Council by Appellant/Applicant Tiffany N. Nguyen
Members of the Campbell City Council:
In the early part of 1995, blindly following the advice of a trusted friend with more business
knowledge than me, I operated for a short period of time a one-person massage establishment and
practiced massage therapy in the City of San Jose without benefit of proper permits and licenses. I
pled guilty (nolo contendere) in July of that same year to cited municipal code violations of
owning/operating a massage business without a valid business permit (San Jose Municipal Code §
6.44.090), owning/managing a massage business without first obtaining an ownership/management
license from the chief of police (San Jose Municipal Code § 6.44.100), and performing massage
therapy without first having obtained a massage therapy license from the chief of police (San Jose
Municipal Code § 6.44.110). It is because of these convictions that I appear before you. It is now
almost ten years later, and I am still paying for my mistake.
This letter serves as the heart of my presentation to City Council and I request that it and
attachments thereto be received as evidence and argument on my behalf. I intend as well at the de
novo hearing to offer persons to speak on my behalf and to my character.
Letter Presentation to Campbell City Council - Page 1
The Application(s) Denial(s) and Resulting De Novo Hearing
Solely because of the above-listed convictions, the Chief of Police of the City of Campbell
Police Department, citing "no other recourse" due to the strict language of the governing ordinance
(see Campbell Municipal Code § 5.48.11 O(b): "The Chief of Police shall deny. . ." [emphasis
added]), denied my application for a massage establishment permit dated November 23, 2004.
Although not stated in the November 29,2004 denial letter signed by Sergeant Art Markham on
behalf of the Chief of Police, presumably my application for a massage therapist permit dated
November 23, 2004 was also denied. A copy of said denial letter is attached hereto as Exhibit "A"
and incorporated herein by reference. I considered the August 4, 2004 letter referenced therein, a
copy of which is attached hereto as Exhibit "B" and incorporated herein by reference, to be a
"warning shot" fired by the City of Campbell Police Department in an attempt to dissuade me from
pursuing massage permits in the City of Campbell. That letter, sent to me more than three months
before submittal of the subject applications, virtually informs me that pursuit on my part of massage
permits in the City of Campbell would amount to a futile act.
Not so. The above-cited constraining language ("shall deny") appearing in Campbell
Municipal Code § 5.48. 110(b) is limited exclusively to the Chief of Police and therefore does not
apply to City Council in its de novo hearing capacity. As set forth in Campbell Municipal Code §
5.48. 130(d): "The City Council shall conduct a de novo hearing and may approve, conditionally
approve, or deny the permit application based upon grounds set forth in 5.48.110." As I was unable,
by reason of denial by the Chief of Police of my application( s), to take the written and practical
examinations required as part of the application process, I expect that any approval by City Council
of my applications and resulting grant of the requested permits would be conditioned upon my taking
and passing the required written and practical examinations. I would, of course, also re-submit to
the Campbell Police Department the application fees returned to me with the above-referenced
denial letter.
The Record Clearance Order and its Legal Effect
At the outset of this presentation, I submit that the above-listed convictions have been
unlawfully used by the Chief of Police to deny my applications for massage permits, as said
convictions were subject to a record clearance order pursuant to California Penal Code § 1203.4
prior to submittal of my applications. On January 23, 2004, the Honorable Aaron Persky, Judge of
the Superior Court in and for the County of Santa Clara, ordered that my guilty (nolo contendere)
pleas to the above-listed offenses be set aside and vacated and pleas of not guilty be entered, and that
the complaint be, and is hereby dismissed. A copy of said order is attached hereto as Exhibit "c"
and incorporated herein by reference. I recognize that such record clearance order does not relieve
me of the obligation to disclose said convictions in any application for licensure by any state or local
agency, and I did so disclose in my applications for a massage establishment permit and a massage
therapist permit. However, such record clearance order does mandate that I "shall thereafter be
released from all penalties and disabilities resulting from the offense[ s] of which [I] [have] been
convicted" (see California Penal Code § 1203.4(a). Therefore, aside from obligatory disclosures,
as of January 23,2004, the above-listed convictions do not exist as a violation of "any provision of
Letter Presentation to Campbell City Council - Page 2
this chapter or any similar law, rule or regulation of another public agency which regulates the
operation of massage establishments" (see Campbell Municipal Code § 5.48.11 O(b )(11 )). It is this
very section that is cited by the Chief of Police as the sole reason for denial of my application(s).
(See attached above-mentioned "denial letter" [Exhibit "A"] and "warning shot letter" [Exhibit
"B"].) Because of the record clearance order, no such convictions exist that could serve as lawful
grounds for denial of my applications for massage permits.
The governing ordinance also support this position. Note that convictions listed in section
(b)(2) of Campbell Municipal Code § 5.48.110, "even if expunged," may, at least on the face of the
statute, be used as grounds to deny a massage establishment permit, a massage therapist permit, or
a massage trainee pennit. Note also that no language exists in section (b )(11) of Campbell
Municipal Code § 5.48.110 to include "expunged" convictions as grounds for denial of specified
massage permits. It is a well-established legal principle that a governing body enacting a section
of law intends the language appearing in a section defining its scope, and also intends the absence
of any modifying words or phrases. "Expunged" convictions, i. e., convictions for which a record
clearance has been granted, therefore do not come within the scope of Campbell Municipal Code
§ 5.48.110(b)(1l) and may not be cited as lawful grounds on which to deny my applications for
massage permits. For sake of completeness and to answer a potential question by City Council, with
the lone exception of the contested use of section (b)( 11) by the Chief of Police, no grounds for
denial set forth in Campbell Municipal Code § 5.48.11 O(b) are applicable to me and my applications,
and none have been offered by the responsible authorities.
On the basis of this legal argument alone, my applications for a massage establishment
permit and a massage therapist permit should not have been denied by the Chief of Police, and those
cited "expunged" convictions may not lawfully be considered by City Council as grounds for denial.
I respectfully submit that City Hall Council Chamber is not a court of law, and I deem the
de novo hearing not to be adversarial in nature. I therefore did not prepare and submit a fonnallegal
brief complete with memorandum of points and authorities in support of my position outlined in the
preceding paragraphs. I believe that the statutes cited therein to be clear on their face. That said,
should City Council deem it necessary or desirous to its decision that I submit a formal legal brief
on the issue of the effect of a grant of record clearance pursuant to California Penal Code § 1203.4
on subsequent thereto applications for licensure by any state or local agency, I request leave of City
Council to do so. If that indeed be City Council's desire, I would request a period of two weeks time
subsequent to the scheduled hearing date in order to prepare and submit such a legal document.
The Restrictive Governing Ordinance-Law and Equity
Notwithstanding the above legal argument concerning the record clearance order, I appeal
as well to City Council in its de novo capacity not to apply the governing ordinance so restrictively
as to deny me the massage permits I seek. To do so would be unfair, as to do so would equate to
forever denying a driver's license to one previously convicted of operating an automobile without
a lawfully issued driver's license, or forever preventing one from lawfully engaging in a given
business practice where a previous conviction has been suffered for engaging in such practice
Letter Presentation to Campbell City Council - Page 3
without proper state and/or local permits/licenses. Neither cited example is, of course, true, but such
examples should cause City Council to pause for re-examination of the massage ordinance recently
enacted. With the exception of the Campbell massage ordinance governing my applications, I know
of no comparable permitting or licensing statutes that are as restrictive, either in word or application,
in their consideration of an applicant's past conduct. Inviting City Council's attention to the State
of California's licensing practices and even its penal laws better illustrates my point.
With the exception of licenses pertaining to the practice of law, distribution of alcoholic
beverages, and gaming, the denial of all State-issued licenses is governed by California Business and
Professions Code §§ 475 through 489, inclusive. A State-issued license may not be denied solely
on the basis that an applicant for licensure has been convicted of a crime, as said governing statutes
provide for the opportunity and avenue on the part of an applicant to show rehabilitation, either by
virtue of court processes or by meeting all applicable requirements of the criteria of rehabilitation
developed by the applicable licensing board to evaluate the rehabilitation of a person. No such
opportunity or avenue is available under the Campbell ordinance governing massage permits.
Moreover, even a paroled-from-State-prison convict is provided the opportunity and avenue
for relief from enhancement of a future sentence solely as the result of having previously served a
prison term. If a parolee remains for a period of five years free of both prison custody and the
commission of an offense which results in a felony conviction for a non-violent felony, any sentence
upon future conviction(s) by such parolee may not be enhanced solely as the result of having served
that prior prison term. (See California Penal Code § 667.5(b).) This five-year period is commonly
referred to as a "wash-out" period. Such "wash-out" periods are not uncommonly used in law as a
means to absolve a person from further penalties and disabilities resulting from a previous
wrongdoing. Another more commonly known example is the newly-increased ten-year "wash-out"
period for convictions of driving under the influence of alcohol or drugs--convictions for driving
under the influence of alcohol or drugs more than ten years old cannot be used to enhance the
penalties or punishments of future convictions of that same offense. (See California Vehicle Code
§§ 23217, 23540 et seq.) No such "wash-out" period pertaining to prior convictions exists in the
Campbell ordinance governing massage permits. It matters not whether a permit-<ienying conviction
occurred one year ago, ten years ago, or 50 years ago.
Because of its unfairly restrictive nature and effect, I submit that the Campbell ordinance
governing massage permits would likely not withstand legal scrutiny by a court of law.
The Rehabüitation Effort
Following the incident resulting in the above-listed convictions, I have for the past ten years
worked hard to establish myself as a respected and reputable member of my chosen professions and
of the business community.
In 1995, I graduated from Camden Beauty College in San Jose, and was in December of that
same year issued a State license as an Esthetician by the State of California Board of Barbering and
Cosmetology. After a brief stint as a certified massage therapist at Cambrian Therapeutic Massage
Letter Presentation to Campbell City Council - Page 4
in San Jose, I went to work in 1996 as an aesthetician and a certified massage therapist at
Christine s-A Complete You Salon & Spa in Danville. Wanting to work closer to home (San Jose),
I left Christine s after approximately three months time in order to accept a position with Preston
ijýnne Spa in Saratoga.
I was employed as an aesthetician at Preston Uýnne Spa during much of calendar year 1996.
My employment was limited there to the practice of aesthetics, as Preston Uýnne Spa had a company
policy against employees practicing as both an aesthetician and a massage therapist. While at
Preston ijýnne, I was continually commended by clients for my services and recognized by Spa
leaders for superior client retention and exceptional retail products sales. Over time, I found myself
wanting to expand the services to clients that I had been licensed and certified to provide, and
therefore, due to the ban by Spa policy on practicing both as an aesthetician and as a massage
therapist, I left the employ of Preston Uýnne Spa.
In early 1997, I opened my own business: Mind & Body Harmony, a fully permitted and
licensed massage business located in an unincorporated area within the City of San Jose. My
original intent for the business was to offer both skin care (aesthetics) and massage therapy services,
however, due to then existing fInancial restrictions, I quickly discovered that I was unable to afford
the necessary equipment and initial retail product inventory required to competently provide
aesthetics services. I therefore sought and obtained from the County of Santa Clara only permits and
licenses for massage therapy services. I operated Mind & Body Harmony for approximately two
years, after which time, as the result of tendonitis in both wrists and a recurring "tennis elbow," I
closed my business and sought a career change. Doctors advised me at the time to give my wrists
and elbow at least one year's break ITom repetitive motion to allow the healing process.
In 1999, I attended real estate classes at Anthony Schools in San Jose, and was in May of
2000 issued a State license as a Real Estate Salesperson by the State of California Department of
Real Estate. Upon licensing, I worked in the real estate profession in Santa Clara County as an
independent contractor for Century 21 Seville Contempo Realtors and Coldwell Banker Real Estate
Corporation. My real estate career lasted only about two years, as my heart was never in it.
Longing to return to what I love and do best, in February of 2002, I leased that space
commonly known as 14 North Central Avenue, Campbell-now the site of LE SPA, my present
business. LE SPA opened in June of 2003 and business has steadily grown to the point of current need
for expansion, both in physical plant and in services offered. Services presently offered at LE SPA
include spa facials, spa body treatments, waxing, make-up consultation and application, stress
reduction treatments (massage only within scope of my esthetician license), and retail sales of spa-
related products. I have recently been offered the opportunity to physically expand my business to
encompass the adjoining space (18 North Central Avenue), which would more than double its square
footage. I have accepted that offer and have already applied for the necessary conditional use permit
to do so. I need to expand LE SPA'S physical space, days and hours of operation, and staff in order
to meet the overflowing demand for LE SPA'S services. As well, I wish to expand LE SPA'S menu to
offer full body massage and nail care services in order to align with the services typically offered
by a conventional day spa and to meet the wishes and desires of many LE SPA patrons, the majority
of whom are Campbell residents.
Letter Presentation to Campbell City Council - Page 5
I take my professions as licensed esthetician and certified massage therapist very seriously,
as my self-imposed continuing education training and classes will attest. Since signing the lease for
my business, I have attended countless educational classes and practical trainings conducted by
industry leaders in the areas of massage therapy and skin and body treatments at, to name a few, the
National Holistic Institute (College of Massage Therapy) in Emeryville, the Body Therapy Center
in Palo Alto, the International Dermal Institute in Pleasanton, the Jan Marini Skin Research center
in San Jose, and the YON-KA Paris Haute Couture Aesthetic Scholar Retreat in El Segundo. I
believe that I am at the top of my profession both as an aesthetician and as a massage therapist, and
that I possess the attitude and skills necessary not only to service well my clients but also to train
and supervise those aestheticians and, with City Council's approval, massage therapists working for
or with me at the soon-to-be-expanded LE SPA.
Conclusion
F or all of the above-stated reasons, I request that City Council approve my applications for
a massage establishment permit and a massage therapist permit and grant the applicable massage
permits. Much of life is about second chances, and I simply ask that I and my business be given the
opportunity to join the City of Campbell's therapeutic sag busine community.
attachments
c: William R. Seligmann, Campbell City Attorney
333 Church Street, Suite A
Santa Cruz, California 95060
David L. Gullo, Chief of Police
City of Campbell Police Department
70 North First Street
Campbell, California 95008
Sergeant Art Markham
City of Campbell Police Department
Permits & Administration
70 North First Street
Campbell, California 95008
Jeffrey Wyatt, Property Owner
ffýatt & Associates
14577 Big Basin Way, Suite 2A
Saratoga, California 95070
Letter Presentation to Campbell City Council - Page 6
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CITY OF CAMPBELL
Police Department
November 29, 2004
Ms, Tiffany Nguyen
14 N. Central Avenue
Campbell, CA 95008
Re: Massage Establishment/Therapist Pennits
Dear Ms. Nguyen:
In a letter dated August 4. 2004 and also in a subsequent phone conversation with your
legal representative, Jeff Hare, I explained that under Campbell Municipal Code
5.48.110(b)(11) the Chief of Police has no other recourse but to deny your application for
a massage establishment permit due to your convictions in the City of San Jose for
operating a business without a pennit (6.44,090), owning a massage establishment
without a license (6.44.100), and practicing massage therapy without a permit (6.44.110).
This stance has also been reviewed and supported by the City Attorney. Please consider
this letter a formal denial of your application, Per 5.48.110 (c) of the City of Campbell
Municipal Code this decision shall become final unless an appeal is filed with the city'
council within fifteen calendar days following delivery of this written notice.
I am returning your two checks for application fees to you. (Check # 93 in the amount of
$305.00 and Check# 94 in the amount of$80,OO).
It appears that you have developed a solid customer base providing your aesthetician
services, I wish you continued success,
If you have any questions please feel free to contact me.
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Sgt. Art Markham
Permits
--"'--.,.... .
cc: Dave Gullo
Chief of Police
William SeligmalUl
City Attorney
Exhibit "A"
70 North First Street. Campbell, California 95008-1436 ' TEL 408.866,2121 . FAX 408.379.7561 . TOO 408,866.2790
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CITY OF CAMPBELL
Police Department
August 4,2004
Tiffany N. Nguyen
14 N. Central Avenue
Campbell, CA 95008
Re: Business Expamion
Ms. Nguyen:
Part of the Planning Department's review process is to obtain comments from various
departments in the city government including the Police Department. This is how your
request to expand your business came to this office's attention. The Police Department
has no objection to the proposed expansion of your business. However, after reading
your letter that was attached to the proposal I just wanted to clarify a couple of issues,
I believe in previous correspondence with our City Attorney, you were informed that you
did not need a massage establishment pennit or a massage therapist pennit to practice
your services as a state licensed aesthetician. It was understood that some fonn of
massage (head, face, neck, shoulders, and hands) is typically a part of the services
supplied by an aesthetician, However, if you were to provide full body massage, or
employ a massage therapist you would need a massage establishment permit and a
massage therapist pennit.
In a letter dated August 15,2002, City Attorney, William Seligmann informed you that
the City of Campbell was in the process of revising its Municipal Codes regulating
massage therapy 1!! an J3.ttempt to be more congruent ",'¡th the County and ~1lfrounding
municipalities. He warned that the proposed revisions would be more restrictive than the
current regulations.
Under the new (now current) regulations, CMC 5.48.110 (b) (11), the Chief of Police is
compelled to deny an application for a massage establishment or therapist permit if the
applicant has violated any provision of the City of Campbell massage regulations or any
similar law, rule or regulation of another public agency which regulates the operation of
massage establishments.
In July of 1995 you were convicted of and fined for the violations of San Jose Municipal
Codes 6.44.090 operating or conducting a massage business without a business license,
6.44.100 owning/managing a massage business without a permit, and 6.44.110
performing massage without a massage permit.
Exhibit "B"
70 North First Street, Campbell, California 95008-1436 . TEL 408.866.2121 . FAX 408.379.7561 . TOO 408.866.2790
Unfortunately these convictions would preclude you from obtaining a massage
establishment pennit or massage therapist pennit in the City of Campbell. I wanted to
make this issue clear before you invest your resources into an expansion. If the purpose
of your expansion is to facilitate your growing customer base, that is a decision that does
not involve any input ITom the Police Department. If the purpose of your expansion is to
facilitate offering full massage services, you would be occurring cost in preparation for a
service that you cannot legally provide in the City of Campbell.
If you have any questions please feel free to contact me.
Sgt. Art arkham
Permits & Administration
cc: David L. Gullo
Chief of Police
William Seligmann
City Attorney