PC Res 3606
RESOLUTION NO. 3606
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2004-143) TO ALLOW THE ESTABLISHMENT OF A DAY SPA
WITH MASSAGE SERVICES (BELLA DERMA DAY SPA) ON
PROPERTY OWNED BY MR. MARK STEVENSEN LOCATED AT 35 S.
FIRST STREET IN THE C-3-S (CENTRAL BUSINESS DISTRICT)
ZONING DISTRICT. APPLICATION OF MS. SHARON JEFFERY, ON
BEHALF OF BELLA DERMA DAY SPA. FILE NO. PLN2004-143.
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 PLN2004-143.
1. 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 Permit.
3. The project site consists of a 2,800 square foot lot, developed with 1,200 square feet of
building area, 400 square feet of landscaping, and 1,200 square feet of paving.
4. No exterior modifications to the building or project site are proposed in conjunction with the
proposed establishment of the 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 west side of South First Street between East Campbell Avenue
and Orchard City Drive and is surrounded by a variety of commercial uses on all sides.
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).
Planning Commission Resolution No. 3606
PLN2004-143 - 35 S. First Street - Conditional Use Permit - Bella Derma Day Spa
Page 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
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-l43) to allow the establishment of a day spa with massage services (Bella
Derma Day Spa) on property owned by Mr. Mark Stevensen located at 35 S. First Street 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. 3606
PLN2004-143 - 35 S. First Street - Conditional Use Permit - Bella Derma Day Spa
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Plannine: Division:
I. Approved Proiect: 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 conform to
the project exhibits listed below; except as may be modified by the Conditions of Approval
contained herein:
a. Project Plans dated as received by the Planning Division on October 7,2004.
b. Project description dated as received by the Planning Division on October 7,2004.
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 Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation ofthe 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 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.
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 permitted 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. Massage Permit: The applicant shall obtain and permit 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. 3606
PLN2004-143 - 35 S. First Street - Conditional Use Permit - Bella Derma Day Spa
Page 4
Dundin!! Division:
10. Permits Required: A building permit application shall be required for the proposed
conversion of use. The building permit shall include ElectricallPlumbinglMechanical fees
when such work is part of the permit.
11. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
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.
l4. Structural Considerations: This proposed Project is subject to structural upgrades predicted
on the change in use from residential to commercial use. Project Architect/Engineer shall
verify the existing structure's ability to support commercial loading values, and where
necessary, shall call for structural improvements.
15. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
16. Exterior Wall Construction: Project Architect/Engineer shall examine the existing structure
for locations of exterior walls in relationship to property lines. Wall construction
requirements for commercial uses are typically more restrictive that for residential uses.
(Refer to Table 5-A, ofthe Current Uniform Building Code).
17. Title 24 Energy 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.
18. Special Inspections: When a special inspection is required by UB.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 UB.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
19. 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.
Planning Commission Resolution No. 3606
PLN2004-143 - 35 S. First Street - Conditional Use Permit - Bella Derma Day Spa
Page 5
20. 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.
21. 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.
22. 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
23. 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 easement, distribution pole
locations, and required conductor clearances.
PASSED AND ADOPTED this 9th day of November, 2004, by the following roll call vote:
AYES:
Commissioners:
Doorley, Francois, Hernandez, Gibbons, Rocha and
Roseberry
None
None
Alderete
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
~. Geo
ATTEST: ~ ~
,
Sharon Fierro, Secretary