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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: