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PC Res 4358RESOLUTION NO. 4358 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2016-255) FOR MEDICAL (CHIROPRACTIC) USES AND A MASSAGE ESTABLISHMENT IN AN EXISTING OFFICE BUILDING ON PROPERTY LOCATED AT 225 W. HAMILTON AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file numbers PLN2016-255: Environmental Finding 1. The project qualifies as a Categorically Exempt project per Section 15303 of the California Environmental Quality Act (CEQA), 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing of an existing private structure. Evidentiary Findings 2. The Project Site is zoned P-O (Professional Office) on the City of Campbell Zoning Map. 3. The Project Site is designated Professional Office on the City of Campbell General Plan Land Use diagram. 4. The Project Site is composed of one parcel with a net lot area of 9,119 square-feet, located at the northeast .corner of W. Hamilton Avenue and Eden Avenue, and bordered by single-family residential properties to the north, professional offices to the east, an elementary school to the west, and multiple-family residential to the south (across Hamilton Avenue). 5. The Project Site is currently developed with a 1,855 square-foot chiropractic office building. 6. The site previously received a Site and Architectural Review Permit and associated parking .modification permit allowing 8 parking spaces, including one accessible space, where 9 parking spaces are required. 7. The site previously received a conditional use permit for chiropractic services with a condition that any change in use would require approval by the Planning Commission. 8. The hours of the business are currently restricted from 7 AM to 7 PM and are proposed to remain as such. Planning Commission Resolution No. 4358 Page 2 of 4 PLN2016-255 - 225 W. Hamilton Avenue Conditional Use Permit 9. The applicant proposes to include massage therapy in addition to chiropractic services at the subject property. The proposed use requires a new conditional use permit and a massage establishment permit. 10. Government Code Sections 51030-51034 provide authority for the legislative bodies of California cities to license and regulate the business of massage. 11. The City Council of the City of Campbell has found that unless properly regulated, the practice of massage and the operation of massage establishments may be associated ~ with unlawful activity and pose a threat to the quality of life in the community. 12. Campbell Municipal Code Chapter 5.48 and Zoning Ordinance Section 21.36.270 provide licensing procedures, permit requirements, operational standards, and development standards regarding massage establishments. 13. The purpose and intent of the City's massage establishment permit regulations is to protect public health, safety, and welfare, protect and preserve the quality of commercial and residential properties, and deter criminal activity. 14. The proposed massage establishment is located on property within a designated commercial quadrant in a P-O (Professional Office) zoning district and is not within 300-feet of another massage establishment. 15. The proposed uses will be compatible with the P-O (Professional Office) Zoning District with approval of a Conditional Use Permit and subject to the attached conditions of approval. 16. The Campbell Police Department has found that massage establishments employing multiple therapists present a higher risk for illicit or illegal behavior. 17. The condition of approval requiring a chiropractor, physician, or surgeon that is licensed by the Medical Board of California to be on-site at all times that massage therapy is provided will reduce the risk for illicit or illegal behavior by providing oversight of the operation of the massage establishment. 18. The condition of approval limiting the number of massage therapists is intended to ensure that the operating characteristics of the use is compatible with nearby land uses and will not be detrimental to their comfort, health, morals, peace, safety, or general welfare. 19. The condition of approval limiting the number of employees and patients is intended to minimize traffic impacts due to the limited on-site parking availability. Planning Commission Resolution No. 4358 PLN2016-255 - 225 W. Hamilton Avenue Conditional Use Permit Page 3 of 4 20. 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. 21. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 22. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Based upon the foregoing findings of fact, and pursuant to the Campbell Municipal Code, the Planning Commission further finds and concludes that: 23. 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 Campbell Municipal Code. 24. The proposed use is consistent with the General Plan. 25. The attached Conditions of approval will help ensure the long-term adequacy of the provided off-street parking as permitted by the previously approved parking modification permit. 26.. 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. 27. 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. 28. 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. 29. 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2016-255) for chiropractic medical uses and a massage establishment on property located at 225 W. Hamilton Avenue. Planning Commission Resolution No. 4358 PLN2016-255 - 225 W. Hamilton Avenue Conditional Use Permit Page 4 of 4 PASSED AND ADOPTED this 24th day of January, 2017, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: Hernandez, Kendall, Reynolds, Rich and Young None Dodd None APPROVED: vonne Kendall, Chair ATTEST: -- Paul erm yan, Secretary Exhibit A -Conditions of Approval Page 1 of 4 PLN2016-255 ~ 225 W. Hamilton Avenue Conditional Use Permit CONDITIONS OF APPROVAL Conditional Use Permit (PLN2016-255) 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 Planning Division: 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2016-255), for a chiropractic medical establishment and a massage establishment (with a maximum of two massage therapists) in an existing 1,855 square-foot one-story medical office building located at 225 W. Hamilton Avenue. The allowed uses shall be located within the existing building as previously approved by the Planning Commission on December 10, 2013 (PLN2013-228), except as may be modified by the conditions of approval contained herein. 2. Massage Establishment Permit: The massage business shall not commence operation until a massage establishment permit has been issued by the Chief of Police pursuant to the provisions of Campbell Municipal Code Chapter 5.48 a. Number of Permits: A maximum of one (1) Massage Establishment Permit shall be located.on the subject property. b. Annual Renewal Application: The holder of the massage establishment permit (MEP) shall annually make application to the chief of police for renewal of the permit no less than ninety days before the permit expiration date. Failure to acquire a renewed MEP will render the permit null and void on its expiration date. c. Massage Therapist Registration: The holder of the massage establishment permit shall provide the Campbell Police Department with a list containing the full name, residence address and birth date of any person who will be performing massage at the establishment, and the date that each person was issued their state massage certification. No one other than a person identified on the list shall perform massage at the establishment. The operator shall update the list to include any new persons who will be providing massage at the establishment prior to the commencement of their services. Exhibit A -Conditions of Approval PLN2016-255 ~ 225 W. Hamilton Avenue Conditional Use Permit Page 2 of 4 d. Non-Transferrable: The massage establishment permit is not transferable, either as to the permittee or the location. Any attempt to transfer shall render the permit invalid and no further massages may be conducted as such. 3. Revocation of Conditional Use Permit: Operation of the use in violation of the Conditional Use Permit, the Massage Establishment 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. In the event that the Massage Establishment Permit is revoked by the Police Department, the Planning Commission could amend the CUP to continue to allow medical (chiropractor) services, while removing the allowance for massage services. 4. Conditional Use Permit Approval (CUP) Expiration: The CUP shall be valid for one year from the effective date of Planning Commission approval. Failure to establish the massage use and obtain a massage establishment permit within one year of the effective date of this approval will result in the amended CUP (PLN2016-255) being void. 5. Change in use: The Conditional Use Permit (CUP) allows the operation of a Chiropractic Office and. Massage Establishment. Any change in use shall require a new Conditional Use Permit. 6. Operational Standards: The chiropractic medical establishment and massage establishment shall be subject to the following operational standards. Non- compliance with these standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. a. Conformance with City Code: The massage establishment must conform with all applicable Municipal Code requirements, including but not limited to Campbell Municipal Code Chapter 5.48 (Massage Establishments and Therapists) and Chapter 21.36 (Provisions Applying to Special Uses). b. Operational Hours: The hours of operation, including when employees may be on site, shall be limited to 7:00 AM to 7:00 PM daily. c. On-Site Chiropractor /Physician / Surgeon: A chiropractor, physician, or surgeon that has a current and valid license issued by the State of California shall be on-site at all times that massage therapy is provided. d. Open Premises: If massage services are being provided, at least one (1) person who is not actively engaged in the performance of massage shall be available at all times to ensure that the premises remain open and to assist the public at all times while massage services are being provided. Exhibit A -Conditions of Approval _PLN2016-255 ~ 225 W. Hamilton Avenue Conditional Use Permit Page 3 of 4 e. Number of Employees: A maximum of four (4) employees (including up to a maximum of two (2) massage therapists) shall be on site at any one time. f. Patient Appointments: A maximum of four (4) patient appointments shall be scheduled for the same period of time. All other appointments shall be staggered at least 15 minutes apart in order to ensure an adequate parking supply on-site and to minimize any queuing. g. Window Coverage. No more than 10% of any exterior window(s) or glass door(s) to the reception /waiting area located along the public street may be covered with curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. h. Vehicle Storage: Overnight storage of vehicles is prohibited. i. Parking: The applicant shall maintain eight (8) parking spaces on site at all times. j. Lobby signage for "on-site parking": The applicant shall maintain appropriate signage within the patient lobby directing all employees, patients, and visitors to park on-site at all times. k. Noise: Unreasonable levels of noises, sounds and/or voices, including but not limited to amplified sounds from radio and loud speakers, the use of tools outdoors, or any unavoidable noise unrelated to the business activities on site shall not be audible to a person of normal hearing acuity from any residential property. In the event verified complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation or level of activity, and bring the use before the Planning Commission for review. g. Property Maintenance: The property owner shall maintain all exterior areas of the business/property free from graffiti, trash, rubbish, posters, stickers, etc. h. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. 7. Site and Architectural Review Permit conditions: All applicable conditions of approval of Site and Architectural Review Permit (PLN2013-228) remain valid, including but not limited to on-site lighting, mechanical equipment, and utilities. Exhibit A -Conditions of Approval Page 4 of 4 PLN2016-255 ~ 225 W. Hamilton Avenue Conditional Use Permit 8. Six-Month Review: The City shall conduct asix-month administrative review of the business following establishment of the massage use to ensure compliance with all Conditions of Approval. If the Community Development Director finds that the business is negatively impacting the surrounding neighborhood due to excessive vehicular activity or is in violation of the Conditions of Approval set forth herein, the Director may immediately modify the business operations and bring the project before the Planning Commission for review. 9. Si__gna~C e: No signage is approved as part of the development application approved herein. All future signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 10. Trash & Clean Up: Trash collection shall not occur in the late evening or early morning hours. All clean up (carpet cleaning, etc.) shall be done between 7:00 AM and 7:00 PM daily. Refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 11. Site Maintenance: The owner/operator of the property shall provide on-going maintenance of the on-site parking and driveway areas and landscape areas, as previously approved for the Site and Architectural Review Permit (PLN2013-228).