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PC Res 3778 RESOLUTION NO. 3778 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-132) TO ALLOW A DAY SPA IN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. ROBERT RAFFANTI LOCATED AT 236 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MS. DONNA MORRISSEY AND MS. ELIZABETH HARLESS, ON BEHALF OF LAVISH BEAUTY AND WELLNESS. FILE NO: PLN2006-132. 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 PLN2006-132: 1. The proposed spa is consistent with the Central Commercial General Plan land use designation. 2. The proposed spa will be compatible with the C-3 (Central Business District) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 2,030 square foot space in an existing multi-tenant commercial building. 4. The project site is located on the south side of E. Campbell Avenue, between First Street and Second Street. The property is surrounded by commercial uses to the North, South, East and West. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed spa. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to 9:00 a.m. to 8:00 p.m. Tuesday through Friday and 9:00 a.m. to 5 p.m. Saturday. 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3778 PLN2006-132 - 236 E. Campbell Avenue -- Use Permit - Lavish Beauty and Wellness Page 2 1. The proposed project 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. The establishment of a spa, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 8. The establishment of a spa, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 9. The establishment of a spa will not significantly increase the demand on City services. 10. 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. 11. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Planning Commission Resolution No. 3778 PLN2006-132 - 236 E. Campbell Avenue -- Use Permit - Lavish Beauty and Wellness Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2006-132) to allow a day spa in an existing commercial building on property owned by Mr. Robert Raffanti located at 236 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. 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 Plannina Division: 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-132) to allow a spa to be located at 236 E. Campbell Avenue. The project shall substantially conform to the revised plans received by the Planning Division on September 11, 2006, and project description received on September 11, 2006 except as may be modified by the conditions of approval contained herein. 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. Six-Month Review: The Planning Commission shall conduct a review of the Conditional Use Permit upon the completion of six months of operation from the date of the Planning Commission's approval. Additionally, the Planning Commission may review the Conditional Use Permit based upon verified complaints filed with the Community Development Director. 4. 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 of the Conditional Use Permit by the Planning Commission. 5. Business Operational Hours: The hours of operation shall be 9.00 a.m. to 8:00 p.m. Tuesday through Friday, and 9:00 a.m. to 5:00 p.m. Saturday. The closing time shall mean the business is closed and all employees have exited the building. Planning Commission Resolution No. 3778 PLN2006-132 - 236 E. Campbell Avenue -- Use Permit - Lavish Beauty and Wellness Page 4 6. Prooertv Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 7. Sionaoe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 8. Outdoor Storaae: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 9. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Manaoement: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Side Door: The front and side door to the business shall not remain in an open position during business hours. 10. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11 :00 p.m. daily. 11. Parkino and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Buildino Department: To the satisfaction of the Building Division Manager/Building Official: 12. Permits Reauired: A building permit application shall be required for the proposed tenant improvements to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: the minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Planning Commission Resolution No. 3778 PLN2006-132 - 236 E. Campbell Avenue -- Use Permit - Lavish Beauty and Wellness Page 5 15. 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. 16. 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. 17. Title 24 Enerav 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. Soeciallnsoections: When a special inspection is required by U.B.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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 19. 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. 20. Title 24 Accessibilitv - 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 Accessibilitv - 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 Reauired: 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 easements, distribution pole locations and required conductor clearances. Planning Commission Resolution No. 3778 PLN2006-132 - 236 E. Campbell Avenue -- Use Permit - Lavish Beauty and Wellness Page 6 Police DeDartment 24. Massaoe Establishment Permit: The owners shall obtain a Massage Establishment Permit from the Campbell Police Department. 25. Massaoe Therapist Permit: All massage therapists shall obtain a Massage Therapist Permit from the Campbell Police Department. PASSED AND ADOPTED this 14th day of November, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None APPROVED: ~ ~ Bob Alderete, Chair NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: