PC Res 3398RESOLUTION NO. 3398
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A HOLISTIC WELLNESS CENTER/
MASSAGE ESTABLISHMENT WITHIN AN EXISTING OFFICE
BUILDING ON PROPERTY LOCATED AT 1550 S. WINCHESTER
BOULEVARD IN A C-PD (CONDOMINIUM/PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS.
HEATHER SHOCK, ON BEHALF OF LIGHT BODIES. FILE NO.
PLN2001-116.
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 PLN2001-116:
The proposed holistic wellness center/massage establishment is consistent with the
Commercial land use designation of the General Plan and the C/P-D (Condominium/Planned
Development) Zoning District with approval of a Conditional Use Permit.
2. The project site consists of a 15,400 square foot lot, developed with a 6,000 square foot
building, 1,848 square feet of landscaping, and 10,552 square feet of paving.
3. The existing 30 parking spaces will adequately address the parking needs of the subject site
and proposed use.
4. The proposed use will not employ any person as a masseuse who does not possess a current
unrevoked certificate of registration as a masseuse.
5. The proposed use will not result in an over concentration of such uses in the City.
The surrounding uses consist of office buildings to the north and south, retail stores to the
west, and a parking lot to the east. The proposed holistic wellness center/massage
establishment is compatible with the surrounding development and uses.
7. Business hours shall be restricted to 7 a.m. to 11 p.m. daily.
8. The Police Department has not expressed a concern with the proposed use.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
Planning Commission Resolution No. 3398
PLN2001-116 - 1550 S. Winchester Boulevard - Use Permit - Wellness Center/Massage
Page 2
The establishment, maintenance, or operation of the use will not be detrimental to the public
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.
3. The proposed commercial use is compatible with the uses in the area.
The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping, and other development features required in order
to integrate said use with uses in the surrounding area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
6. The establishment will not significantly disturb the peace and enjoyment of the nearby
neighborhood.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
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
Planning Division:
Approved Pr0ject: Approval is granted for a Conditional Use Permit (PLN2001-116) to allow
a holistic wellness center/massage establishment within an existing office building at 1550 S.
Winchester Boulevard. Project approval shall substantially comply with project plans
received by the Community Development Department on October 4, 2001, except as may be
modified by the Conditions of Approval herein.
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. Failure to meet this deadline will result in the Conditional
Use Permit being void.
Planning Commission Resolution No. 3398
PLN2001-116 - 1550 S. Winchester Boulevard - Use Permit - Wellness Center/Massage
Page 3
Revocation of Permit: Failure to comply with the Conditions of Approval or any State or
Federal law in connection with the practice of massage or operation of the massage
establishment, shall be grounds for consideration of revocation of the Conditional Use Permit
by the Planning Commission.
Square Footage Restriction: The total floor area allowed for the wellness center/massage
establishment shall not exceed 1,000 square feet. An expansion of the business to more than
1,000 square feet shall require written application to the Community Development
Department for a Modification to the approved Conditional Use Permit.
5. Operational Hours: The operational hours shall be limited to 7 a.m. to 11 p.m. daily, unless a
Conditional Use Permit is obtained from the Planning Commission for late night operations.
o
Massage Permit: The applicant shall obtain and maintain a massage permit from the
Campbell Police Department prior to the establishment of the business, in accordance with
Chapter 5.48 of the Campbell Municipal Code.
o
Change in Ownership or Operator: A change in ownership or operator shall require a written
application to the Campbell Police Department for a new massage permit in accordance with
Chapter 5.48 of the Campbell Municipal Code.
8. Certificate of Registration: The applicant shall not employ any person as a masseuse who
does not possess a current unrevoked certificate of registration as a masseuse.
Sign Permit: 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
21.53 of the Campbell Municipal Code.
10. Parking, Driveways and Maintenance: All parking and driveway areas shall be maintained in
compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the
Campbell Municipal Code, subject to review by the Community Development Director.
Building Division:
11. Permits Required: A building permit application shall be required for the proposed tenant
improvement to the existing structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
12. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
13. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches × 36 inches.
Planning Commission Resolution No. 3398
PLN2001-116 - 1550 S. Winchester Boulevard - Use Permit - Wellness Center/Massage
Page 4
14. 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.
15. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed tenant space 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. 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.
17. Special Inspections: 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.
18. Water Pollution: 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.
19. 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.
20. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "200/0" exemption form on
submitted construction plans. Form is available at Building Division service counter.
21. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. Santa Clara County Fire Department
b. Santa Clara County Department of Environmental Health
Planning Commission Resolution No. 3398
PLN2001-116 - 1550 S. Winchester Boulevard - Use Permit - Wellness Center/Massage
Page 5
PASSED AND ADOPTED this 13th day of November, 2001, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez
Leonard
NOES: Commissioners: None
ABSENT: Commissioners: Jones
ABSTAIN: Commissioners: None
and
ATTEST:
· Sharon Fierro, Secretary