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Use Permit - Day Spa - 2008Community Development Department June 30, 2008 Zhang En 5710 Cahalan Avenue San Jose, CA 95123 Re: PLN2008- 77 - 2080 S. Bascom Avenue -Use Permit -Day Spa Dear Applicant: Please be advised that at its meeting of June 24, 2008, the Planning Commission Adopted Resolution No. 3902 granting a Conditional Use Permit to allow the establishment of a day spa with massage services on the above reference property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, July 4, 2008. 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, Steve Prosser Assistant Planner cc Jackie C. Young Lind, Acting Community Development Director Ed Arango, Associate Engineer Frank Mills, Building Division Chris Veargason, Fire Gennaro Passaro (Property Owner) c/o Management Services 1425 Foxworthy Avenue San Jose, CA 95118 70 North First Street Campbell, California 95008-1 4 3 6 ~ Tee 408.866.2140 Fnx 408.871.5140 Tin 408.866.2790 RESOLUTION NO. 3902 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN2008-77) TO ALLOW THE ESTABLISHMENT OF A DAY SPA WITH MASSAGE SERVICES AND FUTURE TANNING SERVICES, DRY HEAT AND STEAM BATHS/SHOWERS ON PROPERTY OWNED BY MR. GENNARO PASSARO LOCATED AT 2080 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION MS. ZHANG EN. FILE NO.: PLN2008-77. 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 PLN2008-77. 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 1,500 square foot day spa with massage services in an existing multi-tenant commercial building. 4. The project site is located east side of Bascom Avenue between Arroyo Seco Drive and EI Solyo Avenue. This commercial site is surrounded by a Denny's restaurant to the north and east, residential also to the east, offices to the south and commercial uses across S. Bascom Avenue to the west. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed day spa. 7. The hours of business shall be restricted to 10:00 a.m. to 9:00 p.m. daily. 8. The hours of operation shall be restricted to 9:00 a.m. to 10:00 p.m. daily. 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 Resolution No. 3902 PLN2008-77 - 2080 S. Bascom Avenue -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 a 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 grants approval of a Conditional Use Permit (PLN2008-77) to allow the establishment of a day spa with massage services and future tanning services, dry heat and steam bath/showers on property owned by Mr. Gennaro Passaro located at 2080 S. Bascom Avenue 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 Planning Commission Resolution No. 3902 PLN2008-77 - 2080 S. Bascom Avenue -Use Permit -Day Spa with Massage Page 3 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 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 Project: Approval is granted for a Conditional Use Permit (PLN2008-77) to establish a day spa massage establishment located at 2080 S. Bascom Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on May 09, 2008, except as may be modified by the Conditions of Approval contained herein. 3. Tanning Jacuzzi, Shower, and Steam Services: Massage services shall not be given in any room or areas in which a hot tub, sauna, shower or Jacuzzi is located, or in wet and dry heating rooms, tanning rooms, steam or vapor rooms, cabinets or bathrooms. All employees of the hot tub, sauna, or tanning establishment who practice massage as defined in Section 5.48.020(d) of the Campbell Municipal Code must hold a valid massage therapist permit. 4. 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. Modification and/or Revocation of Permit: In the event complaints are received by the City regarding business operations in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell, the Community Development Director may immediately modify the hours of operation and/or suspend approval of massage services, subject to the project being brought back to the Planning Commission for review. 6. Business Hours: The hours of business open to the public shall be restricted to 10:00 a.m. to 9:00 p.m. daily. 7. Operational Hours: The hours of operation (the hours employees are allowed on site for to prepare for opening and for clean up after closing) shall be restricted to 9:00 a.m. to 10:00 p.m. daily. The operational hours closing time shall mean the business is closed and all employees have exited the building. Planning Commission Resolution No. 3902 PLN2008-77 - 2080 S. Bascom Avenue -Use Permit -Day Spa with Massage Page 4 8. 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. 9. signage: 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. 10. Loitering: 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. 11. 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. 12. Outdoor Storage: No outdoor storage 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. 13. 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 Management: 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. 14. 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 8:00 a.m. to 10:00 p.m. Monday through Sunday. 15. Parking and Driveways: 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 Resolution No. 3902 PLN2008-77 - 2080 S. Bascom Avenue -Use Permit -Day Spa with Massage Page 5 Building Division 16. 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. 17. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 18. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 19. 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. 20. 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. 21. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. 8.5 X 11 calculations shall be submitted as well. 22. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 23. 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. 24. 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 25. 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 Planning Commission Resolution No. 3902 PLN2008-77 - 2080 S. Bascom Avenue -Use Permit -Day Spa with Massage Page 6 approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 26. Intent to Occupy During Construction: Owners shall declare their intent to occupy the dwelling during construction. The Building Inspection Division may require the premises to be vacated during portions of construction because of substandard and unsafe living conditions created by construction. 27. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. Fire Department 28. Required Fire Flow: The fire flow for this project is 1,500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. Police Department 29. Massage Establishment Permit: The applicant shall be required to obtain a Massage Establishment Permit from the City of Campbell Police Department. Instructions are available on the Police Department's website. All employees of the proposed day spa with massage services, 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 24th day of June, by the following roll call vote: AYES: Commissioners: Doorley, Gairaud, Gibbons, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Alderete and Ebner ABSTAIN: Commissioners: None APPROVED: Bob Roseberry, Chair ATTEST: Jackie C. Young Lind, Acting Secretary