Loading...
Use Permit - Day Spa - 2007June 14, 2007 Ms. Blanca Motta 2775 Mauricia Avenue, #B Santa Clara, CA 95051 Re: PLN2007-72 - 330 E. Hamilton Avenue, Unit 2 -- Use Permit - Day Spa Dear Applicant: Please be advised that at its meeting of June 12, 2007, the Planning Commission Adopted Resolution No. 3815 granting a Conditional Use Permit (PLN2007-72) to allow the establishment of a day spa with massage services on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, June 22, 2007. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, ~~ Kimberly A. Brosseau Planner II Cc: Frank Mills, Building Ed Arango, Public Works Chris Veargason, Fire Two-Forty Associates (Property Owners) 79 Chestnut Street Ridgewood, NJ 07450 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 ' IDO 408.866.2790 RESOLUTION NO. 3815 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2007-72) TO ALLOW THE ESTABLISHMENT OF A DAY SPA WITH MASSAGE SERVICES ON PROPERTY OWNED BY TWO-FORTY ASSOCIATES LOCATED AT 330 E. HAMILTON AVENUE, UNIT 2, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. BLANCA MOTTA, ON BEHALF OF KOSMO TERRA SPA AND MAKEOVERS. FILE NO.: PLN2007-72. 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 PLN2007-72. 1. The proposed day spa is consistent with the General Commercial General Plan land use designation. 2. The proposed day spa will be compatible with the C-2 (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 1,569 square foot day spa (Kosmo Terra Spa) in an existing multi-tenant commercial building. 4. The project site is 1.40 acres and is located on the south side of East Hamilton Avenue between Third Street and North Central Avenue. The property is surrounded by restaurant and commercial uses to the north, condominiums to the south and offices to the east and west. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the existing building are proposed in conjunction with the proposed day spa. 7. The hours of operation for the business shall be restricted to 9:00 a.m. to 8:00 p.m., Monday through Friday, 9:00 a.m. to 6:00 p.m. on Saturday. Closed Sundays. 8. The hours of operation for the building shall be restricted to 7:00 a.m. to 11 :00 p.m., Monday through Sunday. 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Planning Commission ResL _don No. 3815 PLN2007-72 - 330 E. Hamilton Avenue, Unit 2 - Use Permit - Day Spa with Massage Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2007-72) to allow the establishment of a day spa (Kosmo Terra Day Spa and Makeovers) with massage services on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue in a C-2-S (Neighborhood Commercial) Zoning District. 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 ResL ~(jon No. 3815 PLN2007-72 - 330 E. Hamilton Avenue, Unit 2 - Use Permit - Day Spa with Massage Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Conditional Use Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007 -04) to allow the establishment of a day spa (Kosmo Terra Spa) located at 330 E. Hamilton Avenue, Unit #2. The project shall substantially conform to the project plans and project description received by the Planning Division on April 24, 2007, except as may be modified by the conditions of approval contained herein.* * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. 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. 4. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit 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. 5. Operation Hours for Business: The hours of business shall be restricted to 9:00 a.m. to 8:00 p.m., Monday through Friday; and 9:00 a.m. to 6:00 p.m. on Saturday. Closed Sundays 6. Operational Hours for Buildinq: The hours of operation shall be restricted to 7:00 a.m. to 11 :00 p.m. Monday through Sunday unless a Conditional Use Permit is obtained for late night operational hours. The closing time shall mean the business is closed and all employees have exited the building. 7. Propertv Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 8. Siqnaqe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code and the Sign Program approved on September 11, 2006. Planning Commission ResL...tion No. 3815 PLN2007-72 - 330 E. Hamilton Avenue, Unit 2 - Use Permit - Day Spa with Massage Page 4 9. Loiterino: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 10. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 11. Outdoor Storaqe: No outdoor storage or overnight parking is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 12. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Manaqement: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Rear Doors: The front and side doors to the business shall not remain in an open position during business hours. 13. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 7:00 a.m. to 11 :00 p.m. including any clean up and site maintenance. Dumping of trash, particularly recyclables shall not occur after 6 p.m. 14. On-Site LiQhtinQ: 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 proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 15. Parkinq and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Planning Commission ResL ~don No. 3815 PLN2007-72 - 330 E. Hamilton Avenue, Unit 2 - Use Permit - Day Spa with Massage Page 5 16. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. Building Division: 17. Permits Required: A building permit application shall be required for the proposed change in use in an existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 18. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 19. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 20. 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. Planning Commission ResG._.ion No. 3815 PLN2007-72 - 330 E. Hamilton Avenue, Unit 2 - Use Permit - Day Spa with Massage Page 6 21. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. 22. Title 24 Enerqy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 23. 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 forms from the Building Inspection Division Counter. 24. Non-Point Source: 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. 25. 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. 26. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 27. 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 28. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. Fire Department: 30. No Fire Department conditions. Planning Commission Resolution No. 3815 PLN2007-72 - 330 E. Hamilton Avenue, Unit 2 - Use Permit - Day Spa with Massage Page 7 Police Department: 31.Massaae Establishment Permit: Kosmo Terra Spa will need to acquire a Massage Establishment Permit. Instructions are available on the Police Department's website. All employees of Kosmo Terra Spa, who will be practicing Massage Therapists, will need to go through the background and testing process to be able to obtain a Massage Therapist Permit. Instructions to complete this process are also available on the website. PASSED AND ADOPTED this 12th day of June, 2007, by the following roll c~1I vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Gibbons ABSTAIN: Commissioners: None APPROVED: ;f ~ /Y; , Michael Rocha, Chair ATTEST: