PC Res 3635
RESOLUTION NO. 3635
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2005-07) TO
A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2004-
92) TO ALLOW THE EXPANSION OF A HEALTH SPA, INCLUDING
MASSAGE THERAPY, INTO AN ADJACENT COMMERCIAL TENANT
SP ACE ON PROPERTY OWNED BY JEFFREY AND GA YLENE WY A TT
LOCATED AT 18 N. CENTRAL AVENUE IN THE C-3-S (CENTRAL
BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MS.
TIFFANY NGUYEN. FILE NO. PLN2005-07.
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 PLN2005-07:
1. The proposed health spa expansion 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. A Conditional Use Permit allowing the establishment of a health spa at 14 N. Central Avenue
was approved by the Planning Commission in September 2004. The proposed project would
expand this existing health spa use into the adjacent tenant space, formerly occupied by a
chiropractor's office.
4. The project site consists of a 4,948 square foot lot, developed with 4,103 square feet of
building area, 165 square feet of landscaping, and 680 square feet of paving.
5. The existing health spa consists ofa 521 square foot tenant space and the proposed expansion
would occupy a 740 square foot tenant space for a total of 1,261 square feet.
6. No exterior modifications to the building or project site are proposed in conjunction with the
proposed expansion of the health spa.
7. The subject property is an "L-shaped" parcel that wraps around the parcel located on the
corner of East Campbell Avenue and North Central Avenue with building frontages on both
East Campbell Avenue and North Central Avenue. The property is surrounded on all sides
by commercial uses.
8. The Police Department has not expressed a concern with the proposed project.
9. The Redevelopment Agency has not expressed a concern with the proposed project.
Planning Commission Resolution No. 3635
PLN2005-07 - 18 N. Central Avenue - Modification to Use Permit - Le Spa
Page 2
10. Business hours shall be restricted to 6 a.m. to 11 :00 p.m. daily.
11. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) 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 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
Modification (PLN2005-07) to a previously approved Conditional Use Permit (PLN2004-92) to
allow the expansion of a health spa, including massage therapy, into an adjacent tenant space on
property owned by Jeffrey and Gaylene Wyatt located at 18 N. Central Avenue in the C-3-S
(Central Business District) Zoning District, subject to the following conditions:
Planning Commission Resolution No. 3635
PLN2005-07 - 18 N. Central Avenue - Modification to Use Permit - Le Spa
Page 3
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
Planninl! Division:
1. Approved Project: Approval is granted for a Modification (PLN2005-07) to a previously
approved Conditional Use Permit (PLN2004-92) to allow the expansion of a health spa,
including massage therapy, into an existing commercial tenant space on property located at
18 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.
Site plan and floor plan dated as received by the Planning Division on February 14,
2005.
b.
Project description dated as received by the Planning Division on February 14,2005.
2. Previous Conditions: All conditions of approval of the previously approved Conditional Use
Permit (PLN2004-92) as approved by Planning Commission Resolution No. 3588 shall
remain in effect.
PASSED AND ADOPTED this 8th day of March, 2005, by the following roll call vote:
Doorley, Ebner, Rocha and Roseberry
None
Alderete, Francois a.lld Gibþo7s /J ¡}¡'
:::OVED: )~ ;¡¿¡JI ~ rid
/ ~. --Po Michael Rocha, Acting Chair
A TTEST:#A ~ Î-Þ\ ~
Sharon Fierro, Secretary
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners: