Use Permit - Tanning - 2007June 14,2007
Ms. Bess Wiersema, President
Studio3 Design
1585 The Alameda, Suite 200
San Jose, CA 95126
Re: PLN2007-83 - 330 E. Hamilton Avenue, Unit 4 -- Use Permit - Tanning Studio
Dear Applicant:
Please be advised that at its meeting of June 12, 2007, the Planning Commission
Adopted Resolution No. 3816 granting a Conditional Use Permit (PLN2007-83) to allow
the establishment of a tanning studio 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,
(JA-
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---
Steve Prosser
Planner I
Cc: Frank Mills, Building
Ed Arango, Public Works
Chris Veargason, Fire
Two-Forty Associates (Property Owners)
79 Chestnut Street
Ridgewood, NJ 07450
John Brancato/Hollywood Tans (Business Owner)
330 E. Hamilton Avenue, Unit 4
Campbell, CA 95008
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . roo 408.866.2790
RESOLUTION NO. 3816
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2007-83)
TO ALLOW THE ESTABLISHMENT OF A TANNING STUDIO ON
PROPERTY OWNED BY TWO-FORTY ASSOCIATES LOCATED AT 330 E.
HAMILTON AVENUE, UNIT 4, IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MS. BESS WIERSEMA, ON BEHALF
OF HOLLYWOOD TAN. FILE NO.: PLN2007-83.
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 -83.
1. The proposed tanning studio is consistent with the General Commercial General Plan
land use designation.
2. The proposed tanning studio 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 2,005 square foot tanning studio 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 9:00 p.m.,
Sunday through Saturday. The business related activity hours of operation for the
building are from 7:00 a.m. to 11 :00 p.m., Sunday through Saturday.
8. 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:
1. The proposed project is consistent with the General Plan.
,-
Planning Commission Re~ Jtion No. 3816
PLN2007-83 - 330 E. Hamilton Avenue, Unit 4 - Use Permit - Hollywood Tan
Page 2
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 (PLN2007-83) to allow the establishment of a tanning studio on property owned
by Two-Forty Associates located at 330 E. Hamilton Avenue, Unit 4, in a C-2-S (General
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 Res .tion No. 3816
PLN2007-83 - 330 E. Hamilton Avenue, Unit 4 - Use Permit - Hollywood Tan
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 Use Permit shall not be valid
for any permits sought from the City.
2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-83) to
allow the establishment of a tanning studio (Hollywood Tan) located at 330 E. Hamilton
Avenue, Unit #4. The project shall substantially conform to the project plans and project
description received by the Planning Division on May 21, 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. Business Hours: Business related activity shall be restricted to 7:00 a.m. to 11 :00 p.m.,
Sunday through Saturday. The proposed hours of operation are 9:00 a.m. to 9:00 p.m.,
Sunday through Saturday. Business related activity includes employee arrival on site and
any preparation or clean-up. Personnel associated with the business shall not arrive
before 7:00 a.m. or remain on site after 11 :00 p.m.
6. Property 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.
7. 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 approved
Master Sign Program.
Planning Commission Res tion No. 3816
PLN2007-83 - 330 E. Hamilton Avenue, Unit 4 - Use Permit - Hollywood Tan
Page 4
8. Loiterinq: 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.
9. 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.
10. 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.
11. 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 rear doors to the business shall not remain in
an open position during business hours.
12. 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 site maintenance. Dumping of trash, particularly
recyclables shall not occur after 6 p.m.
13. On-Site Liahtina: 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.
14. Construction Activities: The applicant shall abide by the following requirements during
construction:
Planning Commission Resolution No. 3816
PLN2007-83 - 330 E. Hamilton Avenue, Unit 4 - Use Permit - Hollywood Tan
Page 5
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.
15. Parkina 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.
PASSED AND ADOPTED this 12th day of June, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Francois, Rocha and Roseberry
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None ...
j' . . .
APPROVED:
Michael Rocha, Chair
ATTEST:
J
'ng Secretary