CC Resolution 10481
RESOLUTION NO.
10481
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A PARKING ADJUSTMENT IN CONJUNCTION
WITH AN APPROVED 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
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. 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 City Council 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 Pennit and
Parking Adjustment.
3. A Conditional Use Pennit 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, fonnerly occupied by a
chiropractor's office.
4. The C-3 Zoning District's standards for parking stipulate that legally existing buildings shall
be required to meet the current parking standards of the C-3- Zoning District upon expansion
of the building or when there is a change in use that requires more parking than what is
currently provided, unless a parking adjustment is approved by the City Council.
5. The proposed expansion of the health spa, which is a service commercial use with a parking
requirement of one space per each 345 square feet of gross floor area, into an existing tenant
space that was previously occupied by an office use, with a parking requirement of one space
per each 425 square feet of floor area, represents a change in use that would require that the
applicant provide the required parking.
6. The subject property currently has no off-street parking spaces and there are no locations that
would allow for the development of a parking area on site.
City Council Resolution
PLN2005-07 -18 N. Central Avenue - Parking Adjustment
Page 2
7. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for commercial uses.
8. 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 City Council further finds and concludes that:
1. The development and uses will be compatible with the General Plan of the City and will aid
in the hannonious development of the immediate area.
2. The existing on-street parking and public parking garages in the surrounding area will
adequately meet the parking demands generated by the change in use.
3. The change in use will not be detrimental to the overall parking and circulation in the area.
4. The proposed project will not be detrimental to the health, safety, peace, morals, comfort or
general welfare of persons residing or working in the neighborhood of such proposed use, or
be detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the city.
5. 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.
6. 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 City Council grants a parking adjustment in
conjunction with an approval of a Modification (PLN2005-07) to a previously approved
Conditional Use Pennit (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:
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.
City Council Resolution
PLN2005-07 - 18 N. Central Avenue - Parking Adjustment
Page 3
PASSED AND ADOPTED this
vote:
5th day of
April
, 2005, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Burr, Hernandez, Furtado, Watson, Kennedy
None
{;~
Anne Bybee, City Clerk